CHAPTER IV PUBLIC WELFARE

Transcription

CHAPTER IV
PUBLIC WELFARE
Article
1
Disorderly Conduct Places and Publications
2
Soliciting – Sales
3
Gambling, Fraud and Deceit
4
Philanthropy
4.5
5
5.1
5.2.5
Bingo
Minors
Medical Marijuana Collective
Restrictions on Signs Advertising Tobacco Products
5.5
Prohibition Against Discrimination in Housing Based on Age
5.6
Prohibition Against Discrimination Based on Student Status
5.7
Prohibition of Discrimination in Mobilehome Parks Against Owners of Mobilehomes Based on the Age of Their Mobilehomes
5.8
Prohibition Against Discrimination Based on a Person Suffering From the Medical Condition AIDS, or Any Medical Signs or
Symptoms Related Thereto, or Any Perception That a Person Is Suffering from the Medical Condition AIDS Whether Real or
Imaginary
5.9
Prohibition Against Discrimination by Clubs or Organizations Which Are Not Distinctly Private
6
Preservation of Protected Trees
6.5
Regulation of Over-the-Counter Drugs
6.6
Bath Salts – Sale and Use Prohibited
6.8
Alcoholic Beverages – Warning Signs
6.9
Tobacco Retailer’s Permit
7
Miscellaneous
7.1
Residential Hotel Unit Conversion and Demolition
7.2
Mortgage Modification Consultants
8
Municipal Lobbying
9.5
Municipal Ethics and Conflicts of Interest
9.7
Campaign Financing
11
Municipal Mass Mailings
12
Discrimination on the Basis of Sexual Orientation
13
Prohibition on the Manufacture, Sale, and Distribution of Polystyrene Plastics Products
14
14.1
15
Graffiti Removal and Recovery
Eviction of Tenants from Foreclosed Residential Rental Properties
Urgent Repair Program
ARTICLE 1
DISORDERLY CONDUCT
PLACES AND PUBLICATIONS
Section
41.03
41.14
41.16
41.17
41.18
41.19
41.20
41.20.1
41.21
41.22
41.23
41.24
41.27
41.29
41.30
41.31
41.32
41.33
41.34
41.38
41.39
41.40
41.41
41.42
41.43
41.43.1
41.44
41.45
41.46
41.47
41.47.1
41.47.2
41.48
41.49
41.50
41.50.5
41.51
41.52
41.53
41.54
41.55
41.56
41.57
41.58
41.59
41.60
41.70
41.70.1
Lookouts for Illegal Acts.
Injury to Public Property.
Snuff – Throwing of.
Library Books – Retention After Notice.
Sidewalks, Pedestrian Subways – Loitering.
Public Assemblages – Obstructing Entrance.
Closure of Streets.
Special Event Application Process and Definitions.
Cutting into Gasoline Lines Prohibited.
Loitering – River Bed.
Trespass on Housing Authority Property.
Trespass on Private Property.
Intoxication.
Hand Organs on Streets.
Spite Fences.
Trees – Injury to.
Theatres – Sound Amplifiers.
Landlords – Disturbing Tenants.
Pesticides – Notice to Tenants.
Use of Certain Signs on Vehicles Prohibited.
Stowaways – Entry a Misdemeanor.
Noise Due to Construction, Excavation Work – When Prohibited.
Evading Payment of Admission Fee.
Music Reproducing Devices – Hours of Operation.
Selling Goods near Private Parks.
Door to Door Selling or Soliciting.
Miniature Golf Courses and Driving Fairways.
Unauthorized Removal, Use or Possession of Shopping Carts.
Sidewalks – Cleaning of.
Water Closets – Use of.
Restroom Facilities.
Urinating or Defecating in Public.
Restaurants – Minimum Light Intensity.
Hotel Registers and Room Rentals.
Smoking Prohibited in Designated Areas.
Signage Regulations for Places Subject to Regulation Pursuant to Labor Code Section 6404.5.
Smoking in Elevators Prohibited.
Smoking in Buses.
Public Bath Houses.
Fishing Within One Mile of Public Sewer Outlet.
Oil – Discharge in Ocean and Beaches.
Unlawful Activities at Sporting Events, Theatricals and Exhibitions.
Loud and Raucous Noise Prohibited.
Loud Party Second Response Fee.
Prohibition Against Certain Forms of Aggressive Solicitation.
Hospitals; Patient Transport.
Nuisance Vehicles – Prostitution.
Nuisance Vehicles – Controlled Substances.
41.70.2
41.70.3
41.71
41.72
Nuisance Vehicles – Speed Contests and Exhibitions of Speed.
Nuisance Vehicles – Illegal Dumping.
Gang-Related Nuisance Vehicle Forfeiture.
Counterfeit Goods Nuisance Abatement Law.
SEC. 41.03. LOOKOUTS FOR ILLEGAL ACTS.
(a)
No person shall act as a guard or lookout for any building premises or establishment used for gambling, prostitution, or any other form of vice or illegal
act, or where intoxicating liquors are illegally kept, sold or purchased, or for any person soliciting, offering or engaging in prostitution, gambling or any other form
of vice, or illegal act, or any prostitute, or any street or sidewalk.
(b)
No person shall give any signal, intended to, or calculated to warn, or give warning of the approach of any peace officer to any person in or about such
building or premises or places mentioned in the preceding subsection.
It is not necessary to show that the signal was given for any persons, it is sufficient if it is given to a person in the places mentioned.
People v. Hayes, CR A 1658.
but see:
People v. Mulder, CR A 2356.
SEC. 41.14. INJURY TO PUBLIC PROPERTY.
No person shall cut, break, destroy, remove, deface, tamper with, mar, injure, disfigure, interfere with, damage, tear, remove, change or alter any:
(a)
part of any building belonging to this City;
(b)
drinking fountain situated on any public street or sidewalk or any appliance used in or about such foundation;
(c)
(1)
electric lamp erected or suspended on or over any street, sidewalk or park and used in the lighting thereof, or any wire or other
apparatus immediately attached to such lamp;
(2)
any lamp standard or lamp pole, nor attach thereto any banner, pennant, streamer, flag, sign, picture, wire, rope or other attachment of
any kind for any purpose without first obtaining a permit to do so, as required by Sec. 62.132 of this Code;
(d)
parts or appurtenances of the fire alarm, telegraph system or police signal system, lamp post, street sign post, fire alarm box, police signal box,
post, standard, or pole or any fixture or apparatus used about or in connection with any such post, box, standard or pole;
(e)
life buoy, life preserver, life boat, rope, gang or other materials, property or apparatus owned by this City and used or intended to be used for the
purpose of saving life except when necessary for that purpose;
(f)
public bridge or any portion thereof;
(g)
water main, pipe, conduit, hydrant, reservoir or ditch, or to tap the same without permission of the Board of Water and Power Commissioners;
(h)
water meter or any box containing any pipe, stop-cock or cut-off valve of the Department of Water and Power of this City or cover the same
with earth, brick, stone, mortar, debris, or building material;
(i)
tree, shrub, tree stake or guard in any public street, or affix or attach in any manner any other thing whatsoever, including any guy wire or rope,
to any tree, shrub, tree stake or guard except for the purpose of protecting it or unless otherwise authorized by this Code;
(j)
property owned by any public utility located on any street or sidewalk;
(k)
other property owned or leased by this City, the County of Los Angeles, the State of California or the United States government or any political
subdivision or department thereof, and not specifically enumerated in this section;
(l)
public document, notice or advertisement or any private or legal document required to be posted or exhibited in the manner and place provided
by law, or any copy of any ordinance posted in any public building or place, or on private property when such public notice or ordinance is required by law
to be placed or posted thereon.
SEC. 41.16. SNUFF – THROWING OF.
No person shall throw, blow or otherwise scatter on any street, sidewalk, restaurant, cafe, theatre, place of amusement or other public place any snuff, or any
substance which injuriously affects the olfactory nerves or which causes sneezing or coughing or otherwise injuriously affects the person.
SEC. 41.17. LIBRARY BOOKS – RETENTION AFTER NOTICE.
No person shall retain any book, newspaper, magazine, pamphlet, manuscript, or other property belonging in or to, or on deposit with the Public Library or any
branch reading room, or deposit station thereof operated in connection therewith, for a period exceeding thirty days after notification by the first class mail to the
borrower’s address on file with said library, given after article or other property may be kept, which notice so mailed shall bear on its face a copy of this section.
SEC. 41.18. SIDEWALKS, PEDESTRIAN SUBWAYS – LOITERING.
(a)
No person shall stand in or upon any street, sidewalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such a
manner as to annoy or molest any pedestrian thereon or so as to obstruct or unreasonably interfere with the free passage of pedestrians. (Amended by Ord. No.
137,269, Eff. 10/21/68.)
Whether or not a defendant’s acts “in any manner hindered or obstructed the free-passage” of persons passing is clearly a question of fact for the jury.
People v. Firestone, CR A 518.
Where free-passage along sidewalks is obstructed by persons listening to what is said at a street-meeting, the persons conducting said meeting cannot be convicted of a violation of this
section in the absence of other facts.
People v. Yoneda, CR A 249.
(b)
No person shall loiter in any tunnel, pedestrian subway, or on any bridge overpass, or at or near the entrance thereto or exit therefrom, or at or near any
abutment or retaining wall adjacent to such entrance or exit, or any retaining wall or abutment adjacent to any freeway, street or highway open and used for
vehicular traffic, or adjacent to that portion thereof used for vehicular traffic, or on any public property in the proximity of such bridge, overpass, or retaining wall or
abutment.
Sec. 41.18 has not been preempted by State Legislation encompassing loitering offenses.
Gleason v. Municipal Court (April 1964), 226 Cal. App. 2d-226 ACA 701.
(c)
No person in or about any pedestrian subway, shall annoy or molest another or make any remark to or concerning another to the annoyance of such
other person, and no person shall commit any nuisance in or about such subway.
(d)
(Amended by Ord. No. 137,269, Eff. 10/21/68.) No person shall sit, lie or sleep in or upon any street, sidewalk or other public way.
The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade
permitted under the provisions of Section 103.111 of Article 2, Chapter X of this Code; nor shall the provisions of this subsection apply to persons sitting upon
benches or other seating facilities provided for such purpose by municipal authority or permitted by this Code.
SEC. 41.19. PUBLIC ASSEMBLAGES – OBSTRUCTING ENTRANCE.
No person shall sit or stand on or at the entrance of any church, hall, theatre or other place of public assemblage in any manner so as to obstruct such entrance.
SEC. 41.20. CLOSURE OF STREETS.
(Added by Ord. No. 150,567, Eff. 3/26/78.)
(a)
Street Closures, Special Events Permits, and One-Stop Special Events Permit Office. The Director of the Bureau of Street Services has the
authority to temporarily close any local street, including collector streets, or major or secondary highway, or lane(s) thereof, after receiving a recommendation from
the Department of Transportation, when such closing is necessary for the safety and protection of persons who are to use that portion of the street or highway during
the temporary closing. No person shall conduct, manage or Sponsor any Special Event without a written permit that has been approved as required by this Section
or any other applicable Section of this Code. No person shall participate in any Special Event with the knowledge that its Sponsor has not been issued the required
permit. No person shall knowingly conduct, join or participate in any Special Event conducted under permit in violation of any of the terms of the permit, or
knowingly join or participate in any permitted Special Event without the consent, and over the objection, of the permittee. No person shall in any manner interfere
with the progress or orderly conduct of a permitted Special Event. The Sponsor of any event that involves the use of, or has a direct or indirect impact on, public
property or facilities, or that can reasonably be foreseen to have such an impact on or to require a higher level of public safety services or other municipal services,
including advance planning services, than that normally provided by the City, shall be responsible for obtaining all required permits and for payment of the costs,
including all fees, charges and salary costs, for all such services. The Board of Public Works shall establish a One-Stop Special Events Permit Office in the Bureau
of Street Services for the issuance of all Special Event Permits, other than permits for Parades and Assemblies as defined in Section 103.111(b) of this Code, which
are to be issued by the Los Angeles Police Department, and other than as provided for entertainment industry-related Special Events such as motion picture filming,
television filming and photography in Section 41.20.1, subsection (d). Except as expressly provided herein, the Bureau of Street Services, through the One-Stop
Special Events Permit Office, shall be the permitting office for all Special Events, including Athletic Events. The Police Department shall remain the permitting
entity for Parades and Assemblies, as defined in Section 103.111(b) of this Code. The provisions of this Section and of Section 41.20.1 shall not eliminate or affect
the requirements for, or related to, permits, fees or charges for events on property controlled by the departments of Recreation and Parks, Library, Water and Power,
Harbor and Airports, nor shall they negate any requirements to obtain permits, as applicable, from the City's regulatory departments (e.g., Fire Department, Police
Department, Building and Safety Department), and to pay the applicable fees and charges. (Amended by Ord. No. 180,881, Eff. 10/26/09.)
(b)
Application for Permit. (Amended by Ord. No. 180,881, Eff. 10/26/09.) Applications for Special Events, including those requiring street closures
of local streets, including collector streets, and of major and secondary highways, or lane(s) thereof, shall be filed with the One-Stop Special Events Permit Office in
the Bureau of Street Services at least forty-five (45) days prior to the expected first day of the Special Event. Beginning on January 1, 2010, and thereafter, there
shall be a non-refundable administrative late fee of $312 for all applications submitted twenty-one days or less before an event. The Bureau of Street Services shall
establish notification procedures to immediately notify the respective Council office as well as all affected City departments and offices and affected non-City
government agencies, if known, the Los Angeles Police Department, the appropriate Neighborhood Council, if any, and the Business Improvement District, if any,
in which a proposed event is to be held, whenever a Special Event Permit application is submitted to the Bureau for processing. The respective Council office and
all affected City departments and offices shall be provided a copy of the permit application for their review and comment. The Council office and every other office
and department shall be responsible for notifying the Bureau of Street Services in writing or electronically of any objection to, or condition required for, the issuance
of the permit for the Special Event. Upon issuance of a Special Event Permit, each of those City departments and offices shall be provided a copy of the permit
issued and shall be responsible for enforcement of the terms and conditions of the permit that are within the subject matter jurisdiction of that department or office. Special Event Permits shall be issued for the dates of the event and necessary days for setup and take-down. Special Event Permits issued for recurring Certified
Farmers' Markets sponsored by a non-profit organization or a local government agency (state, county or district) may be issued for all events on the days specified
for up to one year. Applications for Special Event Permits may be filed directly at the One-Stop Special Events Permit Office or may be completed and submitted
on-line through the City's web-based Special Events Permit Application. Any changes made by the applicant to the initial Special Event Permit Application or Site
Plans for the event will require payment of a $100, non-refundable, processing fee. Decisions to deny or to condition the issuance of a Special Event Permit which
are contested by the applicant shall be reviewed as set forth in Section 41.20.1.
The Bureau of Street Services shall develop a "How to Obtain a Special Event Permit Application" informational brochure with updates, as appropriate, and
make the information available on the City's web site, at public counters, and through Neighborhood Councils.
If the Special Event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the permit shall file a
communication in writing from the organization authorizing the applicant to apply for the permit on its behalf. The Bureau of Street Services shall take reasonable
steps to verify that information.
(c)
Permit Fees and Charges. Issuance of all Special Event Permits shall be subject to payment in advance or at the time the permit is issued of all
applicable fees and charges, including salary costs, for required City services, equipment and materials. Except as expressly provided by ordinance, no subsidy or
waiver of any fees or charges shall be provided by the City for City permits, equipment, materials or services for any Special Event. If the actual fees and charges
for the event are less than the estimated amount paid by the permittee, the permittee shall be refunded the difference. If the actual fees and charges for the event are
greater than the estimated amount paid by the permittee, the permittee shall be billed for and required to pay the difference within fifteen (15) calendar days of
receipt of an invoice therefor. (Amended by Ord. No. 180,881, Eff. 10/26/09.)
(d)
Conditions for Granting Permits. (Amended by Ord. No. 180,881, Eff. 10/26/09.)
1.
The Board of Public Works shall approve the forms to be used by the Bureau of Street Services for Special Event Permit applications and Special
Event Permits and shall adopt written procedures and requirements to be applied by the Bureau of Street Services for the granting of permits, including but
not limited to the requirement of adequate barricades, lights and warning devices to be provided and maintained during a street closure, other traffic control
measures, cleaning deposit, charges for sanitary units and barricades, insurance and other fees and charges. In addition to any other information determined
to be required by the Board, the Special Event Permit application shall require, as applicable, the following information:
A.
The date(s) and time(s) of the event;
B.
The assembly area, or event area, as applicable;
C.
The start time(s);
D.
The minimum and maximum speed(s) for the event, if applicable;
E.
The exact route of the event, if applicable;
F.
The portions of streets to be traversed by the event, if applicable;
G.
The disbanding area and disbanding time, or ending time, as applicable;
H.
The number of persons required to officiate or monitor the event;
I.
The number and types of vehicles, if any; J.
The material and maximum size and dimensions of all signs, banners, placards, or carrying device(s) therefore;
K.
The number, type, dimensions and locations of booths, stages, structures of any kind, and equipment to be used for the event, if
applicable; and
L.
2.
The type(s) and capacity of sound amplification equipment and systems to be used for the event, if applicable.
The following criteria shall be included among all the relevant criteria used in reviewing applications for Special Event Permits:
A.
Location and surrounding area at which the event is to take place;
B.
Dates, number of hours, time(s) of day, the number of days an event will be held and the impact on the public and the community;
C.
Inclusion of information on the Special Events Permit Application as to whether the event provides a social, economic, cultural, or
educational benefit to the community;
D.
Consideration of traffic in the area where, and on the days and times when, the proposed event will be held, and the impact of the event
on residential and business access in the area;
E.
Anticipated impacts of the event on activity and noise levels in residential and business areas;
F.
Availability of personnel and other resources needed from the Police, Building and Safety, Fire, Transportation, General Services, and
Cultural Affairs departments and from the Bureaus of Street Services, Street Lighting and Sanitation;
G.
Number of participants expected to attend the event;
H.
The number and nature of other events occurring at approximately the same time, and in the same area of the proposed event;
I.
Conditions existing within the surrounding area that when occurring in conjunction with the event or with a proposed street closure, may
create a severe hardship or an unnecessary inconvenience to the community and the general public;
J.
The history and experience of the applicant and organizer in conducting special events of the type proposed;
K.
The results of petitions, required or otherwise, circulated in residential and commercial areas impacted by the event;
L.
Construction activities in the proposed area of the event;
M.
Comments and other input from Neighborhood Councils and BIDs in the areas impacted by the event.
3.
The Sponsor of a Special Event, including a Certified Farmers' Market, shall obtain a Business Tax Registration Certificate, as required by
applicable law, and shall ensure that a City Business Tax Registration Certificate is obtained by every event participant, as required by applicable law.
4.
Any unresolved issues regarding the issuance of a permit shall be resolved as set forth in Subsection (e) of this Section.
5.
Upon the request of the Bureau of Street Services with respect to an application for a Special Event Permit, the Department of Transportation and
each of the other affected City departments shall provide to the Bureau of Street Services a statement of the estimated fees and charges, including salary
costs, for providing traffic control services (traffic control costs) or other services, as applicable, for the event. The Bureau of Street Services shall provide to
the permittee a statement of the estimated fees and charges, including salary costs, for all City services, equipment and materials required for the event,
including traffic control costs. Traffic control services consist of the preparation of the traffic management plan as well as clearing the event route or area of
unauthorized vehicles, posting any parking restrictions necessary for the event, diverting traffic around the event, and directing pedestrian and vehicular
traffic along the route of the event. The traffic control costs shall be computed by determining the number of City personnel that will be required for traffic
control beyond that which would otherwise be required at that time, multiplied by the number of hours for which those additional services are to be rendered
at the rate of the City's full cost of providing personnel at the respective classifications on an hourly basis. At the conclusion of the event, the actual costs for
traffic control and for other services, as applicable, for the event shall be determined by the Department of Transportation and each of the other affected City
departments. If the actual costs for services for the event are less than the estimated costs paid, the permittee shall be refunded the difference. If the actual
costs for traffic control for the event are greater than the estimated costs paid, the permittee shall be billed for and required to pay the additional costs within
fifteen (15) calendar days of receipt of an invoice therefor. Unless otherwise required to insure public safety as determined by the Department of
Transportation, the permittee for a block party Special Event shall be allowed to pick up, place and return traffic control devices required for the event from
the Bureau of Street Services at the nearest convenient location. The permittee for a block party shall make a refundable deposit of an amount determined by
the Bureau of Street Services to be reasonable to insure return, and payment for any damage to, all traffic control devices provided for the event.
6.
Following approval of a Special Event Permit, but ten days prior to the start date for the event, the permittee shall provide a cleanup deposit in
an amount established in a cleanup fee schedule adopted by the Board of Public Works. The cleanup deposit shall be returned to the permittee after the
event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event, as determined by a representative of the
Bureau of Street Services. If the property used for the event has not been cleaned and restored to the condition that existed prior to the event, the permittee
shall be billed for and required to pay the actual cost of the cleanup and restoration, and the cleanup deposit shall be applied toward the total amount of
those costs. If there is a balance remaining in the cleanup deposit after the cleanup and restoration costs are paid, the balance shall be refunded to, or
credited to the account of, the permittee. If the permittee disputes the amount of the charges for cleanup and restoration, the applicant may appeal to the
Board of Public Works within five days after receipt of the bill. The decision of the Board on such appeals shall be final.
(e)
Special Events Permit Application Evaluation. Each application for a Special Events Permit shall be reviewed and evaluated by the One-Stop
Special Event Permit Office, which shall make a determination to grant the permit, to impose conditions on the permit that may be granted, or to deny the permit all
in accordance with this Section and Section 41.20.1. Upon a determination that a Special Event Permit will be approved and General Liability Insurance
requirements being met, a permit shall be issued by the Bureau of Street Services within one business day. Upon the issuance of a permit for a Special Event, the
Bureau of Street Services shall cause the posting of the date(s), time and location of the Special Event on the internet accessible Citywide GIS map to avoid
conflicting events at the same location. No insurance form or certificate other than those approved by the City Risk Manager shall be acceptable, and the evaluation
of an application may be delayed until such documentation is submitted. General Liability insurance is required and shall not be waived. If a determination is
made to condition or to deny the permit and that determination is contested by the applicant, the One-Stop Special Event Permit Office shall consult, as necessary
and appropriate, with the affected Council District office, representatives of the Department of Public Works, Bureaus of Street Services, Street Lighting,
Engineering, and Sanitation, the Police and Fire Departments, and the Departments of Building and Safety, Transportation, General Services, and Recreation and
Parks as well as the Mayor's Office, the Chief Legislative Analyst, and the City Administrative Officer, in an effort to resolve the matter. The One Stop Special
Event Permit Office shall conclude its consultation with those other departments and offices and make a determination regarding the application within ten City
business days. If after such consultation the matter is not resolved, the Director of the Bureau of Street Services, within two business days, shall report on the matter
in writing to the Board of Public Works and recommend a course of action. Copies of the Director's report shall be provided to the applicant and to the respective
Council office. The Board shall agendize the matter of the Special Event Permit Application at the earliest possible time, but not more than five regular meetings
following the referral by the Director, consistent with applicable notice requirements for public meetings. After considering the matter and all information that it
deems necessary at that meeting, or at some subsequent meeting as determined by the Board, the Board of Public Works shall take action to grant the permit, grant
the permit with conditions, or deny the permit. Any such action by the Board shall be subject to the provisions of Charter Section 245. (Amended by Ord. No.
180,881, Eff. 10/26/09.)
(f)
(Subsec. (f) repealed, former Subsec. (g) below relettered (f) by Ord. No. 151,482, Eff. 10/27/78.)
(f)
Posting of Signs. Pursuant to Section 21103 of the Vehicle Code the Board shall provide for the posting of all entrances to the street being temporarily
closed signs giving notice of the local traffic laws, such signs to be reviewed and approved by the Department of Transportation. (Amended by Ord. No. 151,833,
Eff. 2/10/79, Oper. 2/25/79.)
(g)
Indemnification Agreement. The Board is authorized and directed to require that each applicant for a street closure permit execute an agreement, in a
form acceptable to the City Attorney, to indemnify and hold the City, its officers, agents and employees, harmless from any loss, cost, expense, injury, damage or
liability of any kind caused by or resulting from the issuance of any permit for a street closure to that applicant. (Amended by Ord. No. 159,015, Eff. 7/5/84.)
(h)
Required Insurance. The Board is authorized and directed to require that each applicant for a street closure permit maintain insurance and provide
evidence of such insurance in a form acceptable to the City Attorney, protecting and indemnifying the City, its officers, agents and employees as insureds against
any loss, cost, expense, injury, damage or liability incurred by reason of any personal injury or property damage sustained by any person caused by or resulting from
the issuance of the permit to that applicant. (Added by Ord. No. 159,015, Eff. 7/5/84.)
(i)
Insurance Program. The Board is authorized and directed to procure and maintain, when such is available, a blanket policy of insurance in an amount
as said Board shall determine, protecting and indemnifying the applicant and the City, its officers, agents, and employees as insureds against a loss, cost, expense,
injury, damage, or liability incurred by reason of any personal injury or property damage sustained by a person by or resulting from the issuance of a permit under
the section when said applicant desires such coverage. The premium shall be borne by the applicant (permittee) and shall not be waived. (Amended by Ord. No.
159,015, Eff. 7/5/84.)
SEC. 41.20.1. SPECIAL EVENT APPLICATION PROCESS AND DEFINITIONS.
(a)
Definitions. For purposes of Sections 41.20 and 41.20.1 the following terms and phrases shall have the meanings set forth herein:
1.
Athletic Event means an event, not involving as a primary component, Expressive Activity, as that term is defined in Section 103.111(b), in
which a group of people collectively engage in a sport or form of physical exercise including, but not limited to, jogging, bicycling, walking, roller skating,
or running, upon any public street, sidewalk, alley or other public place, that does not comply with normal and usual traffic regulations and controls.
2.
Certified Farmers' Market shall have the same meaning as set forth in California Code of Regulations (Title III, Division 3, Chapter 1,
Subchapter 4, Article 6.5, Direct Marketing) Section 1392.2(a) as a location approved by the County Agricultural Commissioner of that county where
agricultural products are sold by producers or certified producers directly to consumers. A Certified Farmers' Market may be operated by one or more
certified producers, a non-profit organization, or a local government agency (state, county or district). For purposes of this Code, a Certified Farmers'
Market shall mean the direct marketing, as that term is used in the California Code of Regulations, of agricultural products by certified producers to
consumers in accordance with the applicable provisions of the California Code of Regulations.
3.
Charitable Event means an event, or a series of related events, involving a subject matter of interest to a significant portion of the residents of
the City of Los Angeles all net proceeds of which, if any, will directly benefit a charitable organization that maintains its charitable status pursuant to
Internal Revenue Code Section 501(c)(3).
4.
City of Los Angeles Special Event means an event, or series of related events, involving a subject matter of interest to a significant portion of
the residents of the City of Los Angeles, that is also an event officially sponsored and produced or managed using City employees and resources by the City
of Los Angeles, its operating departments, boards, commissions or bureaus, and which is a Special Event and a Non-Commercial Event.
5.
Citywide Special Event means a Special Event involving a subject matter determined to be of interest to a significant number of City residents
from three or more Council Districts, as evidenced from the active support or past attendance at the event of residents from those Council Districts. The
Chief Legislative Analyst shall prepare a list of Citywide Special Events anticipated to occur during the ensuing fiscal year and submit it to the City Council
for approval. The City Council may add or remove events from the list in its discretion. Events included on the list of Citywide Special Events do not
thereby automatically qualify for issuance of a permit for the event. In each instance, a Special Event Permit Application, if applicable, must be filed with
the Bureau of Street Services.
6.
Commercial Event means an event that does not qualify as a "non-commercial" event as defined herein.
7.
Community Event means an event, or a series of related events involving a subject matter of interest to a significant portion of the residents of
the City of Los Angeles that promotes civic pride in the City or in a local community within the City, that is not a commercial event, all net proceeds of
which, if any, will directly benefit either a charitable or non-profit organization. Community Events include Block Parties that meet these requirements.
8.
Non-Commercial Event means a Special Event that is open to the public, or in the case of block parties to all residents living within the block
party area, free of charge and without restriction, sponsored and produced by a charitable or non-profit organization, and from which no individual or other
entity receives any proceeds, or benefits from those proceeds either directly or indirectly, other than as compensation for goods, equipment or services
provided. At such events, advertising, sponsorship, and food and merchandise sales shall be permitted, provided all net proceeds, if any, from such activities
are used for the benefit of a non-profit or charitable organization or of the charitable or non-profit sponsoring organization. The Sponsor(s) of Noncommercial events must comply with all legal requirements, including all applicable requirements regarding registering with the Police Commission for
charitable solicitations. Non-Commercial Events include, but are not limited to, Charitable Events, Community Events and City of Los Angeles Special
Events.
9.
Special Event means an event, or series of related events, of cultural, civic, economic, social, recreational or educational nature, including
Athletic Events, sponsored by an individual or individuals, a non-profit organization or community group, charitable organization or for-profit organization
or group, that is: (1) held wholly or partially on property owned or maintained by the City; or (2) held on any other property, and that requires for its
successful execution, the partial or complete closure of streets or sidewalks or the provision and coordination of municipal services to a degree over and
above the level that the City normally provides. Special Events also include any other organized activity that involves the use of, or has a direct or indirect
impact on, public property or facilities or that can reasonably be foreseen to have such an impact on, or to require a higher level of, public safety services or
other municipal services, including advance planning services, than that normally provided by the City. The Police Department shall remain the permitting
entity for Parades and Assemblies, as defined in Section 103.111(b) of this Code. The City may contract for permit application coordination services for
City-issued permits for entertainment industry-related Special Events, such as motion picture filming, television filming and photography. The City's
contractor, and not the One-Stop Special Events Permit Office, will coordinate the processing of permit applications for permits the City issues for those
types of events. In addition, the receipt, evaluation, processing and approval of City permits for those types of events shall be the responsibility of the City
Council or of the City department or office to which the Council, by order, resolution or ordinance has delegated, or in the future may delegate, such
authority, as provided in Sections 22.350, and following, of the Los Angeles Administrative Code and in Section 12.22 A.13. of this Code.
10.
Sponsor means the person(s) or entity that assumes or is charged with the responsibility for, as well as the act of, producing or managing a
Special Event. The Sponsor may or may not be financially responsible for the event and may or may not be responsible for conducting or carrying out the
activities of the event. For purposes of this definition, a person or entity that provides only financial or in-kind support for a Special Event and has no
responsibility for producing or managing the event is not a Sponsor. The terms "sponsors", "sponsored" and similar variations shall be given a meaning
consistent with this definition.
(b)
Special Events Coordination.
1.
All Parade and Assembly Permit Applications shall be submitted to the Los Angeles Police Department in accordance with applicable provisions
of this Code. The Police Department shall coordinate evaluation and review of those applications, including any requests for Special Event Fee Subsidies,
with the One-Stop Special Events Permit Office as necessary.
2.
The City may contract for permit application coordination services for City-issued permits for entertainment industry-related Special Events, such
as motion picture filming, television filming and photography. The City's contractor, and not the One-Stop Special Events Permit Office, will coordinate the
processing of permit applications for permits the City issues for those types of events. In addition, the receipt, evaluation, processing and approval of City
permits for those types of events shall be the responsibility of the City Council or of the City department or office to which the Council, by order, resolution
or ordinance has delegated, or in the future may delegate, such authority, as provided in Sections 22.350, and following, of the Los Angeles Administrative
Code and in Section 12.22 A.13. of this Code.
(c)
Events at Major Sports and Entertainment Venues. The types and levels of municipal services provided for events at major venues, including but
not limited to, the Staples Center, Coliseum, Dodger Stadium, Sports Arena, Hollywood Bowl, Greek Theatre and Kodak Theatre, and for major awards shows and
other similar events, shall be determined and provided solely within the discretion of the City. Applicable fees and charges, including salary costs, for all such
services, equipment and materials shall not be subsidized or waived unless otherwise provided by contract. If the City determines, in its own discretion, that traffic
control measures or other services are not needed at particular venues or for specific events, the City will not provide those services. Should a venue or event
Sponsor wish to ensure that certain types and levels of services will be provided for purposes of an event, the venue or event Sponsor will be required to negotiate a
contract with the City to clearly define the types and levels of services requested, and to provide for payment for all services beyond the normal level of services
which the City in its sole discretion would have provided to meet public safety and welfare needs. The Sponsor of any event that involves the use of, or has a direct
or indirect impact on, public property or facilities, or that can reasonably be foreseen to have such an impact on or to require a higher level of public safety services
or other municipal services, including advance planning services, than that normally provided by the City, shall be responsible for obtaining all required permits and
for payment of the costs, including all fees, charges and salary costs, for all such services.
(d)
Tracking Special Event Expenditures. The Bureau of Street Services shall track all funds expended for Special Events by all City departments by
Special Event. All City departments that incur costs and expenses for Special Events shall report on those costs and expenses on a quarterly basis to the Bureau of
Street Services. The Bureau of Street Services shall report to the Board of Public Works and the City Council regarding all such expenditures within forty-give (45)
days after the end of each calendar quarter.
(e)
City Equipment Cost Recovery. In all instances, Special Event permittees shall pay the City for the repair or replacement costs, as determined by the
Bureau of Street Services, for traffic control devices or equipment provided for an event and not returned within 24 hours of the event, or returned in a damaged
condition, excluding reasonable wear and tear. All payments for damaged or lost equipment shall be made in a manner as determined by the Bureau of Street
Services, which may, and in the case of block parties shall, include a requirement for a refundable deposit.
SEC. 41.21. CUTTING INTO GASOLINE LINES PROHIBITED.
(Added by Ord. No. 152,435,* Eff. 5/30/79.)
(a)
No person shall, for the purpose of obtaining gasoline, join any line, consisting of one or more motor vehicles which are assembled at or approaching a
gasoline service station or other gasoline dispensing facility for the apparent purpose of obtaining gasoline, except by joining said line behind the last person or
vehicle in the line. This prohibition shall not apply to any person who is obtaining gasoline in a hand-carried container of two (2) gallons or less and who
approaches the gasoline service station or other gasoline dispensing facility other than in or on a motor vehicle.
A violation of this subsection is a misdemeanor and upon conviction is punishable by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment
in the county jail for not to exceed six (6) months or by both such fine and imprisonment. (Amended by Ord. No. 160,063, Eff. 7/28/85.)
(b)
For purposes of this section, the term “gasoline” shall include any petroleum product used as a fuel for internal combustion engines.
(c)
Every person who owns, operates, manages, leases or rents a gasoline station or other facility offering for sale, selling or otherwise dispensing gasoline
to the public shall continue to have available on such premises, upon having received from the City an initial supply, witness forms, prepared by the Chief of
Police and subject to the approval of the City Attorney, obtainable from the City, to be completed by witnesses to a violation of this section.
A violation of this subsection is an infraction punishable by a fine not exceeding twenty dollars ($20).
* This ordinance will be effective only as long as the Governor of the State of California’s proclamation of May 8, 1979, declaring a state of emergency in Los Angeles County because
of the gasoline shortage remains in effect.
SEC. 41.22. LOITERING – RIVER BED.
No person shall camp, lodge, make or kindle a fire, wash any clothes or bedding, bathe, sleep, lay any bed or any blanket, quilt, straw or branches for the
purpose of resting or sleeping thereon, or remain or loiter in the official bed of the Los Angeles River.
SEC. 41.23. TRESPASS ON HOUSING AUTHORITY PROPERTY.
(Amended by Ord. No. 174,977, Eff. 12/29/02.)
1.
Definitions. For purposes of this Section:
(a)
Housing Authority means the Housing Authority of the City of Los Angeles, its authorized agent or representative.
(b)
Occupant means a person who is listed on a lease with the Housing Authority for the particular Development in which the Housing Authority or
a peace officer makes contact with a Nonresident.
(c)
Nonresident means a person who is not an Occupant. Nonresident does not include individuals who are on the Development to carry out
constitutionally protected activities or governmental duties or are participating in programs authorized by the Housing Authority; or are on public property
owned by the City of Los Angeles within the Development.
(d)
Development means any Housing Authority property used primarily for residential purposes.
(e)
Authorization means permission for a Nonresident to enter a Development which is given either by (i) an Occupant of that Development who is
18 years or older, identifies the authorizing party and unit number and is specific for each entry into the Development in which the Occupant is listed on the
lease; or (ii) the Housing Authority in written form. Authorization from an occupant allows a Nonresident to be present only in the following areas: The
Occupant’s unit, common areas in the building containing the unit, access to parking for the unit, and a direct route to and from the building where the
tenant’s unit is located. The preceding area limitation shall not apply if, in addition to the Authorization, the Nonresident is accompanied by an Occupant. Authorization must be given prior to the time the Housing Authority or peace officer makes contact with a Nonresident.
2.
Entry into Developments. A Nonresident shall not enter or be present upon any Development without Authorization, where signs forbidding such
entry are displayed as provided in Subsection 3. in a conspicuous and readable manner in the Development. (Amended by Ord. No. 175,716, Eff. 1/31/04.)
3.
Posting of No Trespass Signs. At least two signs shall be conspicuously painted or posted on the outside of every Housing Authority building that is
subject to this regulation. The letters and numbers on said signs shall be in black lettering at least six inches high on a white background stating:
NO TRESPASSING
L.A.M.C. SEC. 41.23
4.
Entry requiring Authorization from the Housing Authority.
(a)
Entry into a vacant or unrented unit. Without obtaining prior Authorization from the Housing Authority, no person shall enter or be present
in a vacant or unrented housing unit located in the Development; and no person shall provide access by any means, including but not limited to, keys,
keycards or combinations to a vacant or unrented housing unit located in the Development. Prior Authorization from the Housing Authority may be
obtained from the Development manager or designee.
(b)
Entry by a Nonresident convicted of a crime committed in any Development. Even with Authorization from an Occupant, a Nonresident
shall not enter or be present in the Development without the Authorization of the Housing Authority when, within the past five years, that Nonresident has
been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering, threat to commit a
violent act, or a violent act, in any Development.
5.
(None.)
6.
Violations.
(a)
A violation of any of the provisions of this section shall be a misdemeanor or an infraction.
(b)
If any part or provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section,
including the application of that part or provision to other persons or circumstances, shall not be effected thereby and shall continue in full force and effect. To this end, the provisions of this section are severable.
SEC. 41.24. TRESPASS ON PRIVATE PROPERTY.
(a)
No person shall enter or be present upon any private property or portion of private property not open to the general public without the consent of the
owner, the owner’s agent, or the person in lawful possession, where signs forbidding entry are displayed as provided in Subsection (f).
(b)
No person shall enter upon any private property or portion of private property, not open to the general public, who within the immediately preceding
six months was advised as follows: to leave and not return, and that if he or she returns to the property within six months of the advisement he or she will be
subject to arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner,
owner’s agent or person in lawful possession. The advisement shall be documented in writing by the individual making it and shall include the name of the person
advised, the date, approximate time, address and type of property involved. Such documentation shall be retained for a minimum period of one year. This
subsection is not violated if a person so advised enters the property within the designated six month period, if he or she has been expressly authorized to do so by
the owner, the owner’s agent or a person in lawful possession.
(c)
Entry requiring Express Consent of Owner.
1.
No person shall enter or be present upon private property not open to the general public without the express consent of the owner or the owner’s
agent when that person:
A.
has been convicted of any violation of the law involving narcotics, prostitution, vandalism, weapons, disturbance of the peace, loitering,
threat to commit a violent act, or a violent act, on that same private property not open to the general public, whether or not such property is posted in
accordance with Subsection (f); and
B.
has, subsequent to the conviction been told to leave and not return to that same property, by the owner, the owner’s agent or a peace
officer at the request of the owner or the owner’s agent.
2.
The request to leave must be made within six months of the date of the conviction and shall be documented in writing by the individual making
the request. The documentation of the request shall include the name of the person being requested to leave, the date, the approximate time, the address and
the type of property involved.
3.
This subsection applies even if the person has the consent of a person in lawful possession but does not apply to persons who have a right of
lawful possession to the subject property. An individual who has the consent of the person in lawful possession may not be refused entry by the owner or
the owner’s agent for a period exceeding twelve months, computed from the date of the request.
(d)
No person shall enter or be present upon any private property or portion of private property open to the general public who within the immediately
preceding 24 hours was advised to leave and not return, and that if he or she returns to the property within 24 hours of the advisement, he or she will be subject to
arrest. This advisement must be made by the owner, the owner’s agent, the person in lawful possession or a peace officer at the request of the owner, owner’s agent
or the person in lawful possession. A request to leave may be made only if it is rationally related to the services performed or the facilities provided.
(e)
The term “private property” shall mean any real property, including but not limited to, buildings, structures, yards, open spaces, walkways,
courtyards, driveways, carports, parking areas and vacant lots, except land which is used exclusively for agricultural purposes, owned by any person or legal entity
other than property owned or lawfully possessed by any governmental entity or agency.
(f)
For purposes of Subsection (a), one sign must be printed or posted in a conspicuous manner at every walkway and driveway entering any enclosed
property or portion thereof and at a minimum of every fifty feet along the boundary of any unenclosed lot. This requirement is met if at least one sign is conspicuously printed or posted on the outside of every structure on such property, so as to be readable from each walkway and driveway entering such property.
The sign shall state as follows:
THIS PROPERTY CLOSED TO THE PUBLIC
No Entry Without Permission
L.A.M.C. SEC. 41.24
The language “THIS PROPERTY CLOSED TO THE PUBLIC No Entry Without Permission” on said sign shall be at least two inches high.
(g)
When a peace officer’s assistance in dealing with a trespass is requested, the owner, owner’s agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion. However, a single request for a peace officer’s assistance may be made to cover a limited period of time not
to exceed twelve months when such request is made in writing and provides the specific dates of the authorization period.
(h)
This section shall not apply in any of the following instances:
(1)
when its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to
prohibited discrimination against any person;
(2)
when its application results in, or is coupled with, an act prohibited by Section 365 of the California Penal Code, or any other provision of law
relating to the duties of innkeepers;
(3)
when public officers or employees are acting within the course and scope of their employment or in the performance of their official duties; or
(4)
when persons are engaging in activities protected by the United States Constitution or the California Constitution or when persons are engaging
in acts which are expressly required or permitted by any provision of law.
(i)
Violation of any of the provisions of this section shall be a misdemeanor or an infraction.
(j)
If any part or provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of the section, including
the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the
provisions of this section are severable.
SEC. 41.27. INTOXICATION.
(a)
(None)
(b)
(None)
(c)
No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one per cent of alcohol by volume, upon any street,
sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or in any railroad depot or bus station, or in any public place, or in any place open to the
patronage of the public, which premises are not licensed for the consumption of such liquor on the premises.
(d)
No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal
broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately
adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and
Professions Code of the State of California, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision
of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.)
(e)
All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 (commencing with Section 23000) of the Business and
Professions Code of the State of California shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or
on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all such persons that the provisions of Subsection (d) of this
section are applicable. Any licensee violating any provision of this subsection shall be guilty of an infraction. (Added by Ord. No. 158,498, Eff. 12/31/83.)
(f)
As used in Subsections (d) and (g) of this section, “posted premises” means those premises which are subject to licensure under any retail package
off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed
premises on which clearly visible notices have placed pursuant to the provisions of Subsection (e) of this section. (Added by Ord. No. 158,498, Eff. 12/31/83.)
(g)
The provisions of Subsections (d) and (e) of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted
premises. (Added by Ord. No. 158,498, Eff. 12/31/83.)
(h)
No person shall have in his or her possession, with intent to consume any part of the contents thereof in any public place not licensed for the
consumption thereof, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have
been partially removed, upon any street, sidewalk or parkway, park, playground, Los Angeles Memorial Coliseum, or any railroad depot or bus station, or in any
public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of such alcoholic beverage on the premises.
Any person violating any provision of this subsection shall be guilty of an infraction. (Amended by Ord. No. 160,458, Eff. 11/28/85.)*
* Note: Section 41.27(h) was declared unconstitutional in People v. Duran, 43 Cal. App. 4th Supp.1.
SEC. 41.29. HAND ORGANS ON STREETS.
No person shall operate or play any hand organ or hurdy-gurdy in, upon or along any street or sidewalk.
SEC. 41.30. SPITE FENCES.
No person shall maliciously construct, erect, build, plant, cultivate or maintain any fence or wall or any hedge or similar growth unnecessarily exceeding six (6)
feet in height, for the purpose of annoying the owners or occupants of adjoining property.
Malice must be shown to sustain a conviction of constructing or maintaining a spite fence.
People v. Hughes, CR A 167.
(See also as to fences: Comprehensive Zoning Plan.)
SEC. 41.31. TREES – INJURY TO.
(a)
No person shall dump, pour or spill any oil, salt or salt water or other deleterious matter upon any tree space in any street, or keep or maintain upon any
sidewalk within ten (10) feet of any such tree or tree space on any street, any receptacle from which oil or salt water leaks or drips, or pour oil or salt water onto any
parking or concrete gutter so as to injure any tree on any street.
(b)
Trees – Piling Material On: No person shall pile building material or other material, about any tree, plant or shrub in a street in any manner that will
in any way injure such tree, plant or shrub.
SEC. 41.32. THEATRES – SOUND AMPLIFIERS.
No person shall use, operate or employ any sound amplifying system in connection with or in conjunction with or as a part of the production, staging,
exhibition or projection of any show in such a manner that any voice, tone, sound wave, musical tone or vibration emitted therefrom or transmitted thereover or
through the same is carried in tones or sounds audible to the human ear to a point distant more than fifty (50) feet from the property line where such show is being
conducted. Provided, that where any such show is being conducted within any enclosure or structure, the exterior of such structure or enclosure shall be construed to
mean the property line of the premises where the same is being conducted, for the purpose of this section.
SEC. 41.33. LANDLORDS – DISTURBING TENANTS.
No person, except a duly authorized officer pursuant to the authority of legal process, shall interfere with the peaceful enjoyment, use, possession or occupancy
of any premises by the lawful lessee or tenant of such premises either by threat, fraud, intimidation, coercion, duress, or by the maintenance or toleration of a public
nuisance, or by cutting off heat, light, water, fuel or free communication by anyone by mail, telephone or otherwise, or by restricting trade or tradesmen from or to
any such tenant.
People v. Beverly Oil Company, CR A 2339.
Acts committed by co-defendant, who was president and agent of the corporation and was found not guilty; hence conviction against defendant principal reversed.
SEC. 41.34. PESTICIDES – NOTICE TO TENANTS.
(a)
If pesticides are to be used on apartments, duplexes or other multi-family dwellings, then notice shall be provided to the tenant of the premises for
which the work is to be done. The clear written notice shall contain the following statements and information using words with common and everyday meaning:
1.
The pest to be controlled.
2.
The pesticide or pesticides proposed to be used, and the active ingredient or ingredients.
3.
City law requires that you be given the following information:
CAUTION – PESTICIDES ARE TOXIC CHEMICALS.
Structural Pest Control Operators are licensed and regulated by the Structural Pest Control Board, and apply pesticides which are
registered and approved for use by California Department of Food and Agriculture and the United States Environmental Protection Agency.
Registration is granted when the state finds that based on existing scientific evidence there are no appreciable risks if proper use conditions are
followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your
physician or poison control center (telephone number) and your pest control operator immediately. (This statement shall be modified to include any
other symptoms of overexposure which are not typical of influenza.)
For further information, contact any of the following: Your Pest Control Operator (telephone number); for Health Questions—the County
Health Department (telephone number); for Application Information—the County Agricultural Commissioner (telephone number) and for Regulatory
Information—the Structural Pest Control Board (telephone number and address).
(b)
In the case of fumigation applications, the notice, as prescribed by Subsection (a), shall be provided at least 48 hours prior to application unless
fumigation follows inspection by less than 48 hours.
In the case of general pest or termite applications, the notice, as prescribed by Subsection (a), shall be provided no later than prior to application. In either case,
the notice shall be given to the tenant in at least one of the following ways:
1.
First-class mail.
2.
Posting in a conspicuous place on the real property.
3.
Personal delivery.
The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be
used is changed, another notice shall be required to be provided in the manner previously set forth herein.
(c)
The owner of the premises shall give or cause to be given the notice as prescribed in Subsection (a) of this section.
If a structural pest control operator, field representative or employee provides a notice pursuant to California Business and Professions Code Section 8538, then
the owner is not required to provide the notice to the tenant as prescribed by Subsection (a) of this section.
(d)
Any person who violates any provision of this section is guilty of a misdemeanor.
SEC. 41.38. USE OF CERTAIN SIGNS ON VEHICLES PROHIBITED.
No person shall drive any vehicle of any kind on any public street which has placed thereon or affixed thereto any sign, plate or other fixed objects which
contains the words “Police,” “Police Department,” “L.A. Police Department” or “Department of Police,” or letters “L.A.P.D. Press,” or any other words or
letters or group of words or letters of like or similar character or nature, unless such vehicle is owned and operated by a regularly organized department of police of
a body politic, or such vehicle which though privately owned, is used by a duly authorized officer or employee of a department of police of a body politic in the
performance of his duties.
SEC. 41.39. STOWAWAYS – ENTRY A MISDEMEANOR.
1.
Any person who enters the City of Los Angeles as a stowaway on any ship or who lands in this city after having arrived herein as a stowaway, whether
his presence aboard was discovered prior to such entry or not; and
2.
Any person who embarks as a stowaway on any ship destined for a port outside the City of Los Angeles; and
3.
Any person who harbors, conceals or who knowingly assists any stowaway in avoiding detection upon any ship within this city; or who aids any person
in embarking or attempting to embark as a stowaway; and
4.
Any person who enters this city as a stowaway on any aircraft or who boards any such craft in this city as a stowaway, is guilty of a misdemeanor and is
punishable as provided in Section 11.00 of this Code.
SEC. 41.40. NOISE DUE TO CONSTRUCTION, EXCAVATION WORK – WHEN PROHIBITED.
(a)
No person shall, between the hours of 9:00 P.M. and 7:00 A.M. of the following day, perform any construction or repair work of any kind upon, or any
excavating for, any building or structure, where any of the foregoing entails the use of any power driven drill, riveting machine excavator or any other machine,
tool, device or equipment which makes loud noises to the disturbance of persons occupying sleeping quarters in any dwelling hotel or apartment or other place of
residence. In addition, the operation, repair or servicing of construction equipment and the job-site delivering of construction materials in such areas shall be
prohibited during the hours herein specified. Any person who knowingly and wilfully violates the foregoing provision shall be deemed guilty of a misdemeanor
punishable as elsewhere provided in this Code. (Amended by Ord. No. 158,587, Eff. 1/29/84.)
(b)
The provisions of Subsection (a) shall not apply to any person who performs the construction, repair or excavation work involved pursuant to the
express written permission of the Board of Police Commissioners through its Executive Director. The Executive Director, on behalf of the Board, may grant this
permission, upon application in writing, where the work proposed to be done is in the public interest, or where hardship or injustice, or unreasonable delay would
result from its interruption during the hours mentioned above, or where the building or structure involved is devoted or intended to be devoted to a use immediately
related to public defense. The provisions of this section shall not in any event apply to construction, repair or excavation work done within any district zoned for
manufacturing or industrial uses under the provisions of Chapter I of this Code, nor to emergency work necessitated by any flood, fire or other catastrophe. (Amended by Ord. No. 178,160, Eff. 2/12/07.)
(c)
(Amended by Ord. No. 166,170, Eff. 9/29/90.) No person, other than an individual homeowner engaged in the repair or construction of his singlefamily dwelling shall perform any construction or repair work of any kind upon, or any earth grading for, any building or structure located on land developed with
residential buildings under the provisions of Chapter I of this Code, or perform such work within 500 feet of land so occupied, before 8:00 a.m. or after 6:00 p.m. on
any Saturday or national holiday nor at any time on any Sunday. In addition, the operation, repair or servicing of construction equipment and the job-site delivering
of construction materials in such areas shall be prohibited on Saturdays and on Sundays during the hours herein specified. The provisions of this subsection shall
not apply to persons engaged in the emergency repair of:
1.
Any building or structure.
2.
Earth supporting or endangering any building or structure.
3.
Any public utility.
4.
Any public way or adjacent earth.
(d)
The provisions of Subsection (c) shall not apply to construction work done on the Metro Rail Project and the tunnel-station portions of the Los
Angeles-Long Beach Rail Project between Sixth to Twelfth Streets, provided however that this construction work shall not include the utilization of soldier pile
drilling, vibrating hammer driving, blasting, or any construction activities that will exceed the ambient noise levels as provided in the action of the Police
Commission, pursuant to Subsection (b) above, granting a variance for this work. In addition, this construction work will be subject to all the conditions of the
conditional variance granted by the Board through its Executive Director. This section shall have no force or effect upon completion of the construction work
described here. (Amended by Ord. No. 178,160, Eff. 2/12/07.)
(e)
The provisions of this section shall not apply to construction work done by CALTRANS to repair the collapsed sections of the Santa Monica Freeway
within a one mile radius of the intersection of Interstate 10 and Fairfax Avenue. This section shall have no force and effect upon completion of the construction
work herein described. (Added by Ord. No. 169,669, Eff. 5/13/94.)
(f)
The provisions of this section shall not apply to construction work done by the County of Los Angeles in connection with Phases 2 and 3 of Unit 5 of
the Hollyhills Storm Drain Project, including the installation of temporary bridges and any other structures necessary to regulate or direct traffic because of the
storm drain construction. Unit 5 construction is within the area bounded by Beverly Boulevard, 3rd Street, La Cienega Boulevard and San Vicente Boulevard. Phases 2 and 3 involve several underground concrete structures to be built in and around the intersection of La Cienega and San Vicente Boulevards. This section
shall have no force and effect upon completion of the construction work herein specified. (Added by Ord. No. 172, 091, Eff. 7/3/98.)
(g)
The provisions of Subsection (c) shall not apply to construction work undertaken from March 31, 2000 to August 20, 2000 that must be done prior to
the Democratic National Convention, provided however that such construction work will be subject to all conditions established by the Los Angeles Police
Department Noise Enforcement Team, in 1) the downtown area bounded by Union Street on the west, Washington on the south, San Pedro on the east, and 101
Freeway on the North, including but not limited to work undertaken in compliance with construction permits issued by the Bureau of Engineering, water line
improvements/installation, sewer construction, fiber optic installation, and street paving or is associated with the Convention such as installation and removal of
security barriers and fencing and 2) the Windward Plaza area of Venice Beach, between 18th Place and Horizon Avenue from the western border of Ocean Front
Walk to the beach, for the Venice Beach Ocean Front Walk Refurbishment Project under the direction of the City of Los Angeles Department of Recreation and
Parks Department. This section shall have no force and effect after August 20, 2000. (Added by Ord. No. 173,154, Eff. 4/30/00.)
(h)
The provisions of Subsection (c) shall not apply to the construction work done by the City of Los Angeles in connection with the portion of the StoneHollywood Trunk Line from Stone Canyon Reservoir service area to the Hollywood Reservoir service area as part of the Hollywood Water Quality Improvement
Project undertaken on Pico Boulevard, including all structures and operations necessary for construction and/or to regulate or direct traffic due to construction
activities. This section shall have no force and effect upon completion of the construction work herein specified. (Added by Ord. No. 173,746, Eff. 1/23/01.)
[(i)
None.]
(j)
As determined by the Executive Director of the Board, the provisions of Subsection (c) shall not apply to major public works construction by the City
of Los Angeles and its proprietary Departments, including all structures and operations necessary to regulate or direct traffic due to construction activities. The
Board, through its Executive Director, pursuant to Subsection (b) will grant a variance for this work and construction activities will be subject to all conditions of
the variance as granted. Concurrent with the request for a variance, the City Department that will conduct the construction work will notify each affected Council
district office and established Neighborhood Council of projects where proposed Sunday and/or Holiday work will occur. (Amended by Ord. No. 178,160, Eff.
2/12/07.)
(k)
Noise Variance Application Fee. Any application to the Board for a noise variance under Subsection (b) shall be accompanied by payment of an
application fee of $233.00. (Added by Ord. No. 181,338, Eff. 11/13/10.)
SEC. 41.41. EVADING PAYMENT OF ADMISSION FEE.
No person, with intent gratuitously to avail himself of the entertainment or recreation furnished or the privileges conferred therein, shall enter any theatre,
stadium, athletic club, ball park, golf course, golf club, tennis club, beach club, bathing beach or other place of amusement, entertainment or recreation for admission
to which an admission fee or membership fee is charged, without first paying such admission fee or membership fee; provided, however, that any person who is a
bona fide guest of a member of any club may enter such club in accordance with the rules thereof; and provided further that any person may enter any place which
is within the purview of this section with the consent of the owner or manager thereof; and provided further that this section shall not be deemed to apply to the
entry into any such place by a law enforcement officer acting within the scope and course of his official duties.
SEC. 41.42. MUSIC REPRODUCING DEVICES – HOURS OF OPERATION.
No owner, manager or other person having charge of any place of public resort where any phonographic, loud speaker or other electrically or mechanically
operated device for the reproduction or emission of music is played for hire, shall allow the playing or operation of such device therein, between the hours of 2:00
o’clock A.M. and 5:00 o’clock A.M. of any day. (Added by Ord. No. 111,348, Eff. 7/4/58.)
SEC. 41.43. SELLING GOODS NEAR PRIVATE PARKS.
No person shall expose, sell or offer for sale, any goods, wares or merchandise of any kind whatsoever in, upon or along any street or sidewalk, within 200 feet
of any entrance to any private or amusement park. (Added by Ord. No. 111,348, Eff. 7/4/58.)
SEC. 41.43.1. DOOR TO DOOR SELLING OR SOLICITING.
No person shall solicit, sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of merchandise, by entering upon the premises
of another for such purpose except in compliance with the provisions of this Section.
(a)
"Solicitation". As used in this Section, shall mean to sell or offer to sell, demonstrate or take orders for the sale of goods, wares or any form of
merchandise or services.
(b)
No person shall enter upon the premises of another for the purpose of solicitation between the hours of 8:00 p.m. and 8:00 a.m. of the following day.
(c)
Any person over the age of 16 who engages in door-to-door solicitations shall carry a form of photo identification and must present such photo
identification upon request of any person being solicited, any peace officer or other person charged with enforcement of the laws pertaining to such solicitations. The photo identification must include the person's date of birth and be issued by a governmental agency or educational institution. Acceptable identification
includes a state driver's license, state identification card, school identification card, or any government issued identification card.
(d)
Any person engaged in door-to-door solicitations shall present the original or a copy of the Business Tax Registration Certificate required under Los
Angeles Municipal Code Section 21.06 upon request of any person being solicited, any peace officer, or other person charged with enforcement of the laws
pertaining to such solicitations.
(e)
The provisions of this Section shall not apply to vendors or solicitors who have previously been invited or requested to appear at such premises by the
owner or lawful occupant thereof, or to persons making charitable solicitations in accordance with Article 4 of Chapter IV of the Los Angeles Municipal Code.
SEC. 41.44. MINIATURE GOLF COURSES AND DRIVING FAIRWAYS.
(a)
Hours of Play. No person owning, operating, managing or conducting a miniature golf course or driving fairway shall allow any person to play or
practice upon such miniature golf course between the hours of 2:00 o’clock A.M. and 6:00 o’clock A.M. of any day.
(b)
Hours for Use of Mechanical Devices. No person owning, operating, managing or conducting a miniature golf course or driving fairway shall allow
any work or labor with instruments or mechanical devices which are propelled by electric, steam or automotive power, to be performed upon such miniature golf
course or driving fairway between the hours of 12:30 o’clock A.M. and 7:00 o’clock A.M. of any day.
(c)
Noise Signs. Persons owning, operating, managing or conducting a miniature golf course shall place in a conspicuous place on said golf course, at
least four signs upon which are written in legible English, in letters at least two inches in height, words or phrases requesting patrons to refrain from loud talking
and unnecessary noise at all times while on the golf course. Such signs shall be placed where they can easily be seen by the patrons.
(d)
Illumination.
1.
The playing field of a miniature golf course or driving fairway shall not be illuminated between the hours of 2:00 o’clock A.M. and 6:00 o’clock
A.M. of any day, except with such illumination as may be necessary only for the proper care and cleaning of such places.
2.
The illumination of the playing field of any miniature golf course or driving fairway shall be such that no direct rays from the reflector or source
of illumination shall fall upon any portion of any building used for living or sleeping quarters not under the ownership or control of the owner or operator of
such golf course.
3.
Where electric lamps are used there shall be installed a reflector of a type that shall not permit any portion of the lamp to project beyond the
plane of the opening of the reflector, if the golf course or driving fairway is located less than 400 feet from any structure used for dwelling purposes.
4.
The provisions of this section shall not apply to festoons or similar lights, streamers or assemblies used for advertising or attracting attention to
such golf courses, provided that the lamps used therein do not exceed 25 watts each and are extinguished between the hours of 11:00 o’clock P.M. and 7:00
o’clock A.M. of the following day.
(e)
Sound Devices. No person shall use, operate or employ any sound amplifying system, radio or sound producing machine, device or instrument or
permit any music of any kind to be played in or upon any miniature golf course or driving fairway between the hours of 10:00 o’clock P.M. of any day and 7:00
o’clock A.M. of the succeeding day.
SEC. 41.45. UNAUTHORIZED REMOVAL, USE OR POSSESSION OF SHOPPING CARTS.
(a)
Removal. No person shall remove any shopping cart, shopping basket or other similar device from the premises or parking area of any business
establishment if such shopping cart, basket or device has permanently affixed to it a sign identifying it as belonging to such business establishment and a
notification to the effect that such cart, basket or device is not to be removed from the owner’s premises.
The provisions of this subsection shall not apply to removal by the owner or his agent or an employee of the business, nor to removal by a customer of the
business possessing the written consent of its owner manager or authorized agent.
(b)
Abandonment. No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has been removed from the
owner’s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart, basket
or device.
(c)
Possession. No person shall have in his possession any shopping cart, shopping basket or other similar device which has been removed from the
owners premises and which has permanently affixed to it a sign identifying it as belonging to a business establishment and notification to the effect that such cart,
basket or device is not to be removed from the owners premises.
The provisions of this subsection shall not apply to possession by the owner or his agent or an employee of the business nor to possession by a customer of the
business possessing the written consent of its owner, manager or authorized agent.
(d)
Use. No person shall use any shopping cart, shopping basket or other similar device for any purpose other than that originally intended by such
business without the owner’s written consent.
(e)
Alteration. No person shall alter, convert or tamper with any shopping cart, shopping basket or other similar device or remove any part thereof
without the owner’s written consent.
(f)
Notice. Each business establishment owning such shopping cart, shopping basket or other similar device shall place at each of its exits a sign notifying
its customers and the general public of the aforesaid prohibitions. Such notification shall be placed in such a position and be of sufficient size and legibility so as to
insure that persons leaving such places of business shall be fully informed of the prohibitory provisions contained in this section.
(g)
Fine. Notwithstanding any other provisions of this Code to the contrary the violation of any of the provisions or the failure to comply with any of the
mandatory requirements of this section shall be punishable only by a fine of not more than $50.00.
SEC. 41.46. SIDEWALKS – CLEANING OF.
No person shall fail, refuse or neglect to keep the sidewalk in front of his house, place of business or premises in a clean and wholesome condition.
SEC. 41.47. WATER CLOSETS – USE OF.
No person owning, controlling or having charge of any bathroom or water closet room shall permit any person to use such rooms for any purpose other than
toilet purposes.
SEC. 41.47.1. RESTROOM FACILITIES.
A.
For public accommodations or facilities: If restroom facilities are made available for the public, clients, or employees, no person owning, controlling,
or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of
whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are
other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped
and such facilities are not available elsewhere on the premises.
B.
The following definitions are applicable to this section:
1.
A person with a physical handicap includes:
a)
an individual who has an impairment, either permanent or temporary in nature, as follows:
1)
Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and
pulmonary conditions and other conditions or diseases which reduce mobility, including aging;
2)
Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices.
3)
Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or
exposed to danger; and
4)
Deafness or hearing impairments that may expose an individual to danger or insecurity.
b)
an individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate
access to restroom facilities.
2.
Public accommodation or facility means a building, structure, facility, complex, or improved area that is used by the general public and shall
include those accommodations and facilities listed in Sections 19955 and 19955.5 of the Health and Safety Code.
C.
Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable
local, state and/or federal law.
SEC. 41.47.2. URINATING OR DEFECATING IN PUBLIC.
No person shall urinate or defecate in or upon any public street, sidewalk, alley, plaza, beach, park, public building or other publicly maintained facility or
place, or in any place open to the public or exposed to public view, except when using a urinal, toilet or commode located in a restroom, or when using a portable
or temporary toilet or other facility designed for the sanitary disposal of human waste and which is enclosed from public view.
SEC. 41.48. RESTAURANTS – MINIMUM LIGHT INTENSITY.
All restaurants, eating establishments, rooms or portions of rooms in which food, beverages or drinks are sold, offered for sale or given away, and every portion
of such places available for use of the patrons thereof, shall be well-lighted on a plane of 36 inches from the floor, with a minimum light intensity of not less than
one-foot-candle.
SEC. 41.49. HOTEL REGISTERS AND ROOM RENTALS.
1.
Definitions. For purposes of this section:
Guest means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license or
other agreement.
Hotel means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house or motel
rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than 30 days. Hotel includes the
parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit
institution in connection with the functions of that institution.
Housing Voucher means a voucher, certificate or coupon for lodging issued individually or jointly by any of the following, or an agency or
authority of any one or more of the following: (1) the federal government; (2) the State of California or another state; (3) a county; (4) a
municipality; or (5) a non-profit entity that issues vouchers, certificates or coupons for lodging to homeless individuals or families.
Identification document means a document that contains the name, date of birth, description and picture of a person, issued by the federal
government, the State of California, another state, a county or municipal government subdivision or one of their agencies, including but not limited
to: a motor vehicle operator’s license, an identification card, or an identification card issued to a member of the Armed Forces. Identification
document also includes a passport issued by a foreign government or a consular identification card, issued by a foreign government to any of its
citizens and nationals, which has been approved by the City of Los Angeles as valid identification.
Occupancy means the use or possession, or the right to the use or possession, of any room in any hotel.
Operator means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel,
whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee or in any other capacity.
Record means written documentation of information about a guest. A record may be maintained electronically, in a book or on cards.
Rent means the consideration charged, whether or not received, for the occupancy of a room in a hotel valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature.
Reservation means a request to hold a room for a potential guest that includes the following information and is documented in writing: (i) The
potential guest’s name and contact information; and (ii) the date and time when the contact was made.
Room means any portion of a hotel, which is designed or intended for occupancy by a person for temporary lodging or sleeping purposes.
Walk-in guest means any guest who did not make a reservation for a room prior to the time that he or she seeks to check in at the hotel.
2.
Hotel Record Information.
(a)
Every operator of a hotel shall keep a record in which the following information shall be entered legibly, either in electronic, ink or
typewritten form prior to the room being furnished or rented to a guest:
(1)
As provided by the guest in response to an inquiry or by other means:
(i)
The name and address of each guest and the total number of guests;
(ii)
The make, type and license number of the guest’s vehicle if the vehicle will be parked on hotel premises that are under
the control of the Operator or hotel management;
(iii)
Identification information as required by Subsection 4 (a) and (b) of this section.
(2)
The day, month, year and time of arrival of each guest;
(3)
The number or other identifying symbol of location of the room rented or assigned each guest;
(4)
The date that each guest is scheduled to depart;
(5)
The rate charged and amount collected for rental of the room assigned to each guest;
(6)
The method of payment for the room; and
(7)
The full name of the person checking in the guest.
(b)
For a guest checking in via an electronic registration kiosk at the hotel, instead of the information required by Subsection 2.(a), the hotel
shall maintain the name, reservation information and credit card information provided by the guest, as well as the identifying symbol of the kiosk
where the guest checked in and the room number assigned to the guest.
3.
Maintenance of Hotel Record. Every operator of a hotel shall comply with the following requirements for maintaining the hotel record:
(a)
The record shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent to that area. The
record shall be maintained at that location on the hotel premises for a period of 90 days from and after the date of the last entry in the record and shall
be made available to any officer of the Los Angeles Police Department for inspection. Whenever possible, the inspection shall be conducted at a
time and in a manner that minimizes any interference with the operation of the business.
(b)
No person shall alter, deface or erase the record so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct
or interfere with any inspection of the record under this section.
(c)
Any record maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall
be the minimum size of eight by ten inches. No page shall be removed from the book. Any record maintained in the form of cards shall be on cards
that are the minimum size of two and one-half inches by four inches and numbered consecutively and used in sequence. Any card numbered within
the sequence of utilized cards shall be preserved as part of the record even if it is not used for a room rental. The numbers shall be printed or
otherwise indelibly affixed to the cards. If maintained electronically, the record shall be printable.
(d)
Nothing in this section absolves the operator from maintaining the record for longer than 90 days in order to comply with any other
provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax.
4.
Renting of Hotel Rooms. The operator of a hotel shall not rent a room except in compliance with the following conditions.
(a)
A guest who pays all or part of the rent for a room in cash at the time of checking in, and a walk- in guest, shall be required to present
an identification document or a housing voucher at the time of checking into the hotel.
(b)
A room shall not be rented hourly or for fewer than 12 hours unless an identification document is obtained from the guest when he or
she checks into the hotel.
(c)
The number and expiration date of the identification document obtained under Subsections 4.(a) or (b) shall be recorded and maintained
by the operator in the record for at least 90 days or if a guest is paying with a housing voucher obtained under Subsection 4.(a), a copy of the
housing voucher shall be maintained with the record for at least 90 days.
5.
Training of employees. The owner or proprietor of a hotel business shall take all reasonable steps, including but not limited to, providing
training regarding this section to ensure that the person who checks a person into the hotel complies with the provisions of this section. A person who has
not been trained shall not be assigned to check persons into the hotel.
6.
Guest obligations.
(a)
hotel.
No person shall give any assumed, false or fictitious name, or any other name other than his or her true name when checking into a
(b)
No person shall present to any hotel identification that is any way false, altered or counterfeit or belongs to another person.
(c)
Subsection 6. shall not apply to law enforcement personnel engaged in an investigation.
SEC. 41.50. SMOKING PROHIBITED IN DESIGNATED AREAS.
A.
Definitions. (Amended by Ord. No. 181,065, Eff. 3/8/10.) The following words and phrases, whenever used in this ordinance shall be construed as
hereinafter set out, unless it shall be apparent from the context that they have a different meaning.
1.
"Bar" shall mean an indoor area utilized primarily for the serving of alcoholic beverages and in which the service of food is only incidental to
the consumption of such beverages.
2.
"Employee" shall mean any person who is employed by any employer in consideration for monetary compensation or profit.
3.
persons.
"Employer" shall mean any person, partnership, corporation, excluding municipal corporation, who employs the services of more than four
4.
"Place of employment" shall mean any enclosed area under the control of a public or private employer which employees normally frequent
during the course of employment, including, but not limited to, work areas, employee lounges, conference rooms, and employee cafeterias. A private
residence is not a place of employment.
5.
"Service Line" shall mean any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
6.
"Smoke" or "Smoking" shall include the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking
equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
7.
"Outdoor dining area" shall mean for purposes of this section an outdoor area:
a.
Of a business, such as a restaurant, that is dedicated by the business as a place for the consumption of food or drinks that are regularly
sold or provided by that business, and all non-enclosed areas within ten feet thereof;
b.
That is dedicated by the person authorized to manage or control the area as a place for the consumption of food or drinks that are regularly
sold or provided by one or more nearby businesses, such as a food court, and all non-enclosed areas within ten feet thereof; or
c.
Within a forty foot radius of a business, such as a food kiosk, food cart or mobile food truck, that regularly sells or provides food or
drinks but has no outdoor area dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that
business.
d.
B.
However, an outdoor dining area shall not include an area that is contiguous to one of the following:
(i)
A bar, or a nightclub that requires that its patrons be eighteen or older; or
(ii)
A restaurant, business or non-commercial building that is completely closed to the public for a private event.
Prohibition: It shall be unlawful to smoke in the following places:
1.
Those portions of any building, structure or other enclosed facility open to the general public for the primary purpose of exhibiting any motion
picture, stage production, musical recital, or similar performance. However, smoking may be permitted in designated areas of lobbies. (Added by Ord. No.
162,989, Eff. 1/7/88.)
2.
Any room, chamber, indoor place of meeting or indoor public assembly, wherein public business is conducted and which is open to members of
the general public either as participants or as spectators. (Amended by Ord. No. 164,776, Eff. 6/3/89.)
3.
Those areas within the buildings or structures of any health care facility which are open to visitors to the premises except that in such areas there
may be enclosed areas designated and set aside on each floor where smoking may be allowed.
4.
Any retail food marketing establishments including grocery stores and supermarkets except those areas of such establishments set aside for the
serving of food and drink, restrooms, and offices and areas thereof not open to the public.
5.
Service lines in those areas of buildings open to the public, except those lines in stores specializing in the sale of tobacco products. (Added by
Ord. No. 162,989, Eff. 1/7/88.)
6.
Those indoor areas of libraries, museums and art galleries open to the public. (Added by Ord. No. 162,989, Eff. 1/7/88.)
7.
Those indoor areas of retail stores open to the public, except retail stores specializing in the sale of tobacco products. (Added by Ord. No.
162,989, Eff. 1/7/88.)
8.
Indoor polling places. (Added by Ord. No. 162,989, Eff. 1/7/88.)
9.
Those indoor areas normally occupied by children in private elementary and secondary schools, private child day care facilities as defined in
Section 1596.750 of the Health and Safety Code, and private residences licensed as child day care facilities during the hours of operation as such a facility. (Added by Ord. No. 162,989, Eff. 1/7/88.)
10.
a.
Indoor restaurants, except as set forth in paragraphs b and c below.
b.
Restaurants with a seating capacity of more than 50 persons located in a dance club, excluding from that calculation of capacity any
portion of such facility which is located outdoors and/or which is utilized as a bar, shall have a portion of the dining area designated as a nonsmoking area. The non-smoking area required by this paragraph must be a contiguously maintained indoor area comprised of at least 50% of both the
seating capacity and floor space of the area in which customers are being served.
c.
The prohibition set forth in paragraphs a and b above, shall not apply to any portion of a restaurant which is utilized as a bar, or to any
rooms which are being used for private functions, but only while any such rooms are used for such private functions.
11.
Those portions open to the general public of any arena, gymnasium or other similar enclosed building designed primarily for the purpose of
observing sports events. However, smoking may be permitted in designated areas of lobbies. (Added by Ord. No. 162,989, Eff. 1/7/88.)
12.
Train, cruise ship, and bus depot waiting areas and ticket lines as regulated pursuant to Health and Safety Code Section 25949.4. Violation of,
or failure to comply with the provisions of Health and Safety Code Section 25949.4 shall be punishable as set forth in Health and Safety Code Section
25949.8. (Amended by Ord. No. 170,386, Eff. 3/17/95.)
13.
(Amended by Ord. No. 170,386, Eff. 3/17/95.) Any portion of a building owned by the City of Los Angeles, and those portions of a building
leased by the City of Los Angeles, except that:
a.
Waiting areas and ticket lines in the Los Angeles Harbor cruise ship terminals shall be regulated as set forth in Subdivision 12. above,
and
b.
Restaurants in any building owned by the City of Los Angeles or in those portions of a building leased by the City of Los Angeles shall
be regulated as set forth in Subdivision 10. above.
14.
Airport ticket lines as regulated pursuant to Health and Safety Code Section 25949.4, and public circulation areas and public waiting room areas
(except for intransit lounges which shall be 75% by area, no smoking). It is the purpose of this Subdivision to prohibit, pursuant to the authority contained
in Health and Safety Code Section 25949.6, smoking in airport public circulation areas, and airport public waiting room areas. Violation of, or failure to
comply with the provisions of Health and Safety Code Section 25949.4 shall be punishable as set forth in Health and Safety Code Section 25949.8. (Added
by Ord. No. 170,386, Eff. 3/17/95.)
15.
Notwithstanding the provisions of paragraph c. of Subdivision 10. of Subsection B. and Subsection F. of Section 41.50, smoking shall be
prohibited in bars located in airport terminals. (Added by Ord. No. 170,386, Eff. 3/17/95.)
16.
(Repealed by Ord. No. 179,058, Eff. 9/18/07.)
17.
City permitted farmer's markets as defined in Section 12.24 X.6. (Added by Ord. No. 180,200, Eff. 11/2/08.)
18.
Outdoor dining areas. (Added by Ord. No. 181,065, Eff. 3/8/10.)
a.
Exception. The prohibition against smoking within the ten foot non-enclosed areas described in Sections 41.50 A.7.a. and 41.50 A.7.b.
shall not apply to persons briefly passing by.
b.
Grace Period. A one year grace period shall follow the effective date of this ordinance to permit a period of public education.
(i)
Within thirty days of the effective date of this subsection:
(1)
Any business with an outdoor dining area as defined in Section 41.50 A.7.a., such as a restaurant, shall post a notice near
an entrance, exit, or cashier area in size 14 font or larger that is clearly visible and readable to a majority of its customers that shall
remain posted through the end of the one year grace period and state:
"Beginning [DAY AFTER GRACE PERIOD ENDS], smoking is prohibited in the outdoor dining area of this business during its
hours of operation, and within ten feet of it, by order of the City of Los Angeles."
(2)
Any business that provides food or drink that is regularly consumed in a nearby outdoor dining area as defined in Section
41.50 A.7.b., such as a food court, shall post a notice near an entrance, exit, or cashier area in size 14 font or larger that is clearly
visible and readable to a majority of its customers that shall remain posted through the end of the one year grace period and state:
"Beginning [DAY AFTER GRACE PERIOD ENDS], smoking is prohibited in the outdoor dining area near this business during its
hours of operation, and within ten feet of it, by order of the City of Los Angeles."
(3)
Any person authorized to manage or control an outdoor dining area as defined in Section 41.50 A.7.b., such as a food
court, shall post enough notices in size 14 font or larger to ensure that their message is clearly visible and readable to most diners in
the outdoor dining area, and most persons passing outdoors within ten feet of it, that shall remain posted through the end of the one
year grace period and state: "Beginning [DAY AFTER GRACE PERIOD ENDS], smoking is prohibited in this outdoor dining area during its hours of operation,
and within ten feet of it, by order of the City of Los Angeles."
(4)
Any business with an outdoor dining area as defined in Section 41.50 A.7.c., such as a food kiosk, food cart or mobile
food truck, shall post a notice near the cashier area in size 14 font or larger that is clearly visible and readable to a majority of its
customers that shall remain posted through the end of the one year grace period and state:
"Beginning [DAY AFTER GRACE PERIOD ENDS], smoking is prohibited within forty feet of this business during its hours of
operation, by order of the City of Los Angeles."
(ii)
To continue the public education process, all businesses or persons subject to this subsection are encouraged but not required to
continue posting the required notice for a reasonable period after the grace period ends.
(iii)
c.
The no-smoking provisions of this subsection shall not be enforced during the one year grace period.
Permanent Signs.
(i)
By the end of the one year grace period, the following shall comply with the requirements of Section 41.50 D.1.b., except that the
words "in this outdoor dining area or within ten feet of it" shall immediately follow the required "NO SMOKING" phrase or international nosmoking symbol, and need not comply with the 5 feet to 8 feet posting requirement as long as they are of sufficient number and locations to
ensure that their message is clearly visible and readable to most diners in the outdoor dining area, and most persons passing outdoors within
ten feet of it:
(1)
(2)
court.
Any business with an outdoor dining area as defined in Section 41.50 A.7.a., such as a restaurant; or
Any person authorized to manage or control an outdoor dining area as defined in Section 41.50 A.7.b., such as a food
(ii)
By the end of the grace period, any business with an outdoor dining area as defined in Section 41.50 A.7.c., such as a food kiosk,
food cart or mobile food truck, shall comply with the requirements of Section 41.50 D.1.b., except that it shall post only one sign, which shall
be located near the cashier, shall include the words "within forty feet of this business" immediately following the required "NO SMOKING"
phrase or international no-smoking symbol, and need not comply with the 5 feet to 8 feet posting requirement as long as the sign's message is
clearly visible and readable to a majority of its customers.
d.
Penalties. Failure to comply with any of the requirements of this Section 41.50 B.18. shall be an infraction, as provided for in Section
41.50 H.4.
C.
Regulation of Smoking in Places of Employment: The places subject to regulation pursuant to Subdivisions 1., 2., 3., 4., 8., and 9. of Subsection B.
shall not be deemed places of employment for purposes of this subsection. (Paragraph amended by Ord. No. 162,989, Eff. 1/7/88.)
The following regulations apply to places of employment:
1.
Within one hundred twenty (120) days of the effective date of this ordinance, each employer shall adopt, implement and maintain a written
smoking policy which shall contain at a minimum, provisions related to the following:
a.
The prohibition of smoking in cafeterias, restrooms, elevators and nurses aid stations or similar facilities for the treatment of employees. (Amended by Ord. No. 168,844, Eff. 8/2/93.)
b.
The provision and maintenance of a contiguous non-smoking area of not less than two-thirds of the seating capacity and floor space in
lunchrooms and employee lounges. (Amended by Ord. No. 168,844, Eff. 8/2/93.)
c.
A statement providing that in any dispute arising between smokers and non-smokers, efforts shall be made by the employer to
accommodate the desires of both smokers and non-smokers.
It shall be the responsibility of employers to provide smoke-free work areas for non-smokers to the maximum extent possible but employers are
not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who makes reasonable
efforts to develop and promulgate a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this
paragraph, provided that a policy which designates an entire work place as a smoking area shall not be deemed in compliance with this paragraph.
d.
An employer shall post “No Smoking” signs in any area designated as a non-smoking area.
2.
The smoking policy shall be communicated in writing to all current employees within three weeks of the date of adoption, and to all future
employees at the time of their entry into employment.
3.
Notwithstanding the above, every employer shall have the authority to designate any work area as a non-smoking area.
4.
An employer who fails to adopt a smoking policy, or who fails to post signs in any area designated as a non-smoking area as required by
Subdivision 1 shall be in violation of said subdivision. Such a violation shall be punishable as a misdemeanor.
D.
Signs and Other Management Responsibilities: (Title and Section amended by Ord. No. 162,989, Eff. 1/7/88.)
1.
Signs.
a.
The person having the authority to manage and control any area designated as a non-smoking area pursuant to Subdivisions 5. and 10. of
Subsection B. shall place or caused to be placed and prominently displayed, and shall maintain “No Smoking” signs in conspicuous locations within
said areas. All such signs shall clearly and conspicuously recite the phrase “NO SMOKING” and/or use the international no-smoking symbol and
shall cite Section 41.50 of the Los Angeles Municipal Code. The signs shall be of sufficient number and location to cause the message of the signs to
be clearly visible, legible and readable.
b.
The person having the authority to manage and control any area designated as a non-smoking area pursuant to all other provisions of
Subsections B. or C., shall post or cause to be posted and prominently displayed, and shall maintain “No Smoking” signs in conspicuous locations
within said areas. All such signs shall clearly and conspicuously recite the phrase “NO SMOKING” and/or use the international no-smoking symbol
and shall site Section 41.50 of the Los Angeles Municipal Code. The signs shall be posted not less than 5 feet nor more than 8 feet above floor level
and shall be of sufficient number and location to cause the message of at least one of the signs to be clearly visible, legible and readable.
2.
The person having the authority to manage and control those restaurants subject to Subdivision 10. of Subsection B. with both smoking and nonsmoking sections shall be responsible for ensuring that patrons are asked their preference for seating in either the smoking or non-smoking section.
3.
Violations.
a.
Violation of, or failure to comply with the provisions of Subdivision 1. of this subsection shall be punishable as a misdemeanor.
b.
Violation of, or failure to comply with the provisions of Subdivision 2. of this subsection shall be punishable as an infraction.
E.
Other Agency Cooperation: Federal, State, County, public school and special district officials are urged to enact and enforce provisions similar to the
provisions contained herein. (Amended by Ord. No. 162,989, Eff. 1/7/88.)
F.
EXCEPTIONS: The prohibition set forth in Subsection B. and C. shall not apply to private enclosed offices occupied exclusively by smokers even
though such an office may be visited by non-smokers, or to those portions of bars open to the public. (Amended by Ord. No. 162,989, Eff. 1/7/88.)
G.
Implementation: Employers shall implement the provisions of this section in a manner consistent with all applicable State or Federal statutes, rules or
regulations, on employer-employee relations.
H.
Penalties:
1.
It shall be unlawful to willfully mutilate or destroy any signs required by this section.
2.
It shall be unlawful to smoke in any area posted as a non-smoking area.
3.
It shall be unlawful for an employer to discharge or in any manner discriminate against any employee who exercises his or her rights under this
section if the dominant intent of the employer is retaliation against the employee for exercising those rights. Violation of this provision shall be a
misdemeanor.
4.
Except as otherwise expressly provided herein, violation of any provision or failure to comply with any requirement of this section is an
infraction.
SEC. 41.50.5. SIGNAGE REGULATIONS FOR PLACES SUBJECT TO REGULATION PURSUANT TO LABOR CODE SECTION 6404.5.
All employers subject to the provisions of Labor Code Section 6404.5 shall post, or cause to be posted and prominently displayed, signs containing the
following phrase “To Report Violations of Labor Code Section 6404.5 Call 1-888-333-0730”. This phrase may be included on the same signs required by Labor
Code Section 6404.5, or on additional signs. The signs shall be posted at each entrance to the building or structure. Violation of, or failure to comply with the
provisions of this section shall be punishable as set forth in Labor Code Section 6404.5(j).
SEC. 41.51. SMOKING IN ELEVATORS PROHIBITED.
(a)
It shall be unlawful for any person to light, ignite or otherwise set fire to, or smoke, carry, throw or deposit any lighted cigar, cigarette or other
smoldering or smoke-producing substance within any public or private elevator open to use by the general public. (Added by Ord. No. 146,792, Eff. 1/12/75.)
(b)
Every person having the authority to manage and control premises wherein elevator service is provided for use by the general public shall post “NO
SMOKING” signs in all such elevators. Such signs shall be clearly visible and readable. Such signs shall cite Section 41.51 of the Municipal Code and state that
persons smoking in elevators are subject to a fine. (Added by Ord. No. 146,792, Eff. 1/12/75.)
(c)
Notwithstanding any other provision of this Code, violation of this section is an infraction. (Added by Ord. No. 153,590, Eff. 5/11/80.)
SEC. 41.52. SMOKING IN BUSES.
No person shall smoke or possess any burning cigarette, cigar or pipe while on any motor bus or other vehicle operated for the purpose of transporting persons
for hire within the City of Los Angeles along a regular route, and picking up or discharging such passengers in the city streets. (Added by Ord. No. 127,508, Eff.
6/29/64.)
Notwithstanding any other provisions of this Code, violation of this section is an infraction. (Added by Ord. No. 153,590, Eff. 5/11/80.)
SEC. 41.53. PUBLIC BATH HOUSES.
No person shall occupy, use or bathe in any tub or tank in any public bath house at the time such tub or tank is being occupied, used or bathed in by any other
person, or occupy, use or bathe in any such tub or tank if the bathing water has been used by any other person.
(b)
No person maintaining a public bath house shall cause or permit more than one person to occupy, use or bathe in any tub at the same time, or cause or
permit any person to occupy, use or bathe in any such tub until the same is emptied of the water used by another person.
(c)
Separate sections or rooms with full partitions shall be provided in public bath houses for the different sexes, or separate periods of time shall be
designated for bathing by the different sexes.
SEC. 41.54. FISHING WITHIN ONE MILE OF PUBLIC SEWER OUTLET.
(a)
It shall be unlawful for any person to catch or take by means of any line, hook, seine, net or by any other means or device, any fish in or from any
water within one mile from the outlet or point of discharge of any public sewer.
(b)
It shall be unlawful for any person to sell, offer, or expose for sale, in the City of Los Angeles any fish caught in or taken from any water within a
distance of one mile from the outlet or point of discharge of any public sewer.
SEC. 41.55. OIL – DISCHARGE IN OCEAN AND BEACHES.
No person shall discharge from any boat, vessel, ship or barge any ballast water, bilge water or waste water containing, or contaminated with, any crude
petroleum, refined petroleum, engine oil, fuel oil or oily by-products within the City, unless such ballast water, bilge water or waste water is discharged into suitable
and adequate settling basins, tanks or other receptacles.
SEC. 41.56. UNLAWFUL ACTIVITIES AT SPORTING EVENTS, THEATRICALS AND EXHIBITIONS.
(a)
It shall be unlawful for any person at any stadium, auditorium, sports arena, playing field, theater, race track, skating rink, fair, or other place where
sporting events, theatricals, or exhibitions are held:
(1)
to leave the area or areas set aside for spectators and enter upon the grounds, field, stage, floor, or any other area set apart for the participants,
performers, officials, attendants or service personnel, unless authorized so to do by an usher or by an authorized representative of the sponsor of the event or;
(2)
to commit any act which delays the event or interferes with the participants, performers, officials, attendants, service personnel or spectators at
any such event or;
(3)
to intentionally throw, discharge, launch or spill any solid or liquid substance or object, or otherwise intentionally cause such substance or object
to be thrown, discharged, launched, spilled or to become airborne, unless such person is a duly authorized participant, performer, official, attendant, service
personnel or peace officer acting within the course and scope of such person’s employment or duty. (Amended by Ord. No. 160,223, Eff. 8/2/85.)
(b)
No person shall enter any place or area for which a ticket, pass or admission charge is required;
(1)
without having in his possession a valid ticket or pass and presenting such ticket or pass to an usher or authorized representative of the sponsor
of the event when requested so to do or;
(2)
without first having paid the price of admission, unless otherwise duly authorized to enter such place or area or;
(3)
by fraudulently evading or attempting to evade the payment of the price of admission thereto.
(c)
No person entering any place or area described in Subsection (b), other than the holder of a valid ticket or pass designating the seat or space reserved or
assigned, shall occupy any reserved or assigned seat or space. No person shall refuse to vacate a seat or space not assigned or reserved by the ticket or pass he holds
when requested to do so by the holder of the ticket or pass for said seat or space, by an usher, or by an authorized representative of the sponsor of the event.
SEC. 41.57. LOUD AND RAUCOUS NOISE PROHIBITED.
(a)
It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound making or sound
amplifying device in his possession or under his control.
(1)
upon any private property, or
(2)
upon any public street alley, sidewalk or thoroughfare, or
(3)
in or upon any public park or other public place or property.
(b)
The words “loud and raucous noise” as used herein shall mean any sound or any recording thereof when amplified or increased by any electrical,
mechanical, or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any
one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon
any one or more of such places or areas.
The word “unreasonably” as used herein shall include but not be limited to, consideration of the hour, place, nature, and circumstances of the emission or
transmission of any such loud and raucous noise.
SEC. 41.58. LOUD PARTY SECOND RESPONSE FEE.
(Title and Section amended by Ord. No. 167,133, Eff. 9/1/91.)
(a)
Definitions.
Unless the context or subject matter otherwise requires, terms defined herein shall have the following meaning when used in this section:
1.
Board. The Board of Police Commissioners.
2.
Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.) The Office of Finance of the City of Los Angeles.
3.
Department. The Los Angeles Police Department.
4.
First Response Notice. A notice issued by a police officer pursuant to this section advising a Responsible Person that a Loud Party is taking
place and that the disturbance must cease.
5.
Loud Party. Any party, gathering or event where a police officer at the scene determines that there is a threat to the public peace, health, safety
or general welfare.
6.
Responsible Person. The person or persons who own, lease, reside or is in charge of the premises where the Loud Party, takes place; or the
person or persons who organized the Loud Party. If the Responsible Person is a minor, then the parents or guardians will also be considered a Responsible
Party and be jointly and severally liable for the Second Response Service Fee imposed by this section.
7.
Second Response Notice. A notice issued by a police officer pursuant to this section assessing a Second Response Services Fee for a second, or
subsequent, response to a Loud Party.
8.
Second Response Service Fee. A fee imposed pursuant to this section to recover Special Security Costs.
9.
Special Security Assignment. The assignment of Department personnel and equipment during a second, or subsequent, response to a Loud
Party after the issuing of a First Response Notice.
10.
Special Security Costs. Costs of services provided by the Department associated with a Special Security Assignment which may include
personnel and equipment costs, damage to City property and injuries to City personnel.
(b)
Authorization to Assess a Second Response Service Fee.
Whenever a Loud Party occurs, a police officer may issue a First Response Notice to a Responsible Person that the disturbance must cease. A second, or
subsequent, response by a police officer, upon the issuing of a Second Response Notice, may result in the imposition of a Second Response Service Fee to recover
Special Security Costs.
(c)
Duties of Board.
l.
The Board shall determine a Second Response Service Fee schedule, subject to approval by the City Council by order or resolution, which shall
be based upon the existing Special Security Costs incurred by the Department.
2.
The Board shall revise the Second Response Service Fee, subject to approval by the City Council by order of resolution, whenever Special
Security Cost data developed by the Department requires adjustment in the Second Response Service Fee.
3.
No fee imposed pursuant to this section is authorized until the Board has approved the Department’s implementation procedures, notices, and
appeals procedures
(d)
Duties of the Department.
l.
The Department shall develop written procedures to provide for training and the uniform implementation of the Loud Party Second Response Fee
Ordinance.
2.
The Department shall develop a First Response Notice, a Second Response Notice, and any other form or document necessary to carry out the
purposes of this section.
3.
The Department shall develop a post Second Response Notice administrative appeal hearing procedure to determine whether the Second
Response Service Fee was assessed to the proper Responsible Person or was properly issued. The hearing shall be held in the Division where the Second
Response Notice was issued.
(e)
Duties of the Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.)
1.
The Office of Finance shall bill the Second Response Service Fee as reported by the Department. The bill shall be due and payable to the Office
of Finance within fifteen days of the billing date.
2.
If the Office of Finance determines for any billing that a discrepancy exists between the service fee paid and the amount billed which results in
an underpayment or overpayment in an amount of three dollars or less, the Office of Finance may accept and record the billing as paid in full without other
notification to the person billed.
3.
If the Office of Finance determines that any amount of the service fee billed hereunder cannot be collected or that efforts to collect would be
disproportionately costly in relation to the probable outcome of the collection efforts, the Office of Finance may prepare a report setting forth the findings
and reasons therefor and request that the Board of Review authorize the removal of any unpaid amount from the active accounts receivable of the
Department pursuant to Section 11.04 of this Code. Upon unanimous approval of the Board of Review, the Office of Finance may remove from the active
accounts receivable any service fee owing. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the Office of
Finance. Any removal, however, shall not preclude the Office of Finance from collecting or attempting to collect any such sum that later proves to be
collectible as provided by Section 11.04.
4.
At least monthly the Office of Finance shall report to the Department the outstanding accounts receivable, collections and service fee(s) written
off.
SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.
(Amended by Ord. No. 173,705, Eff. 1/27/01)
(a)
(1)
“Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of
obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
(2)
“Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any
street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway,
lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
(b)
Aggressive Solicitation prohibited.
(1)
No person shall solicit, ask or beg in an aggressive manner in any public place.
(2)
“Aggressive manner” shall mean any of the following:
(A)
Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to
(i)
fear bodily harm to oneself or to another, damage to or loss of property, or
(ii)
otherwise be intimidated into giving money or other thing of value;
(B)
Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course
of soliciting, asking or begging;
(C)
Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(D)
Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;
(E)
Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words
or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or
(F)
Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during,
or after solicitation.
(c)
All solicitation prohibited at specified locations.
(1)
Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit
union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’
use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from
the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine
facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in
possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.
(A)
(i)
“Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings
bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured
by the Federal Deposit Insurance Corporation.
(ii)
“Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in
Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(iii)
“Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the
Administrator of the National Credit Union Administration.
(iv)
“Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the
California Financial Code, commencing with section 12000.
(v)
“Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in
connection with a credit, deposit, or convenience account.
(vi)
“Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any
adjacent space which is made available to banking customers after regular banking hours.
(B)
Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any
building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports
and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the
building, structure or space in which such machine is located.
(2)
Motor vehicles and parking lots.
(A)
Motor vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging
while such vehicle is located in any public place.
(B)
Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any
time from one-half hour after sunset to one-half hour before sunrise.
(C)
(3)
Exemptions. Subdivision (c)(2) shall not apply to any of the following:
(i)
to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;
(ii)
to solicitations related to the lawful towing of a vehicle; or
(iii)
to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.
Public transportation vehicles.
(A)
“Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more
persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers
for hire.
(B)
(d)
Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.
Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.
(e)
Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or circumstances.
(f)
Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.
SEC. 41.60. HOSPITALS; PATIENT TRANSPORT.
(a)
Definitions. As used in this section:
(1)
“Health Facility” means any “health facility” as defined in Section 1250 of the California Health and Safety Code.
(2)
“Patient’s Residence” means the home of the patient, the fixed and regular nighttime residence or domicile of the patient, or, in the case
of a patient reasonably perceived to be homeless, the location the patient gives as his or her principal place of dwelling.
(3)
“Homeless Patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence
that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or
private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings.
(4)
“Written Consent” means knowingly, intelligently and voluntarily given written consent, signed by the patient or the patient’s legal
representative.
(b)
Prohibited Activity. A health facility may not transport or cause a patient to be transported to a location other than the patient’s residence
without written consent, except when the patient is transferred to another health facility following bona fide procedures in accordance with another provision
of law.
(c)
Violations. A violation of this section is a misdemeanor punishable by a fine not to exceed $1,000, a term of probation not to exceed three
years, or both.
(d)
Punishment Cumulative. The punishment provided for in this section is cumulative to any punishment, penalty, or other relief available under
any other law.
(e)
Inapplicability. This section shall not apply to:
(1)
Patients in the care and custody of a California state hospital operated and administered by the State Department of Mental Health, who
are civilly or criminally committed and subject to transfer to the State Department of Corrections and Rehabilitation, the Forensic Conditional
Release Program, or a court for further proceedings.
(2)
Patients who are in the custody or otherwise under the jurisdiction of the State Department of Corrections and Rehabilitation, including
the Division of Juvenile Justice, the Los Angeles County Sheriff, or the Los Angeles Police Department.
SEC. 41.70. NUISANCE VEHICLES – PROSTITUTION.
A.
Definitions.
“Driver” means any person who drives or is in physical control of a vehicle.
“Prostitution” means engaging in lewd or sexual conduct for money or other consideration.
“Vehicle” means any transportation device that requires the driver to have in his or her immediate possession a valid driver’s license for the
appropriate class of vehicle being driven.
B.
Abatement of Nuisance Vehicle by Seizure and Forfeiture.
1.
Any vehicle used to solicit or to agree to engage in or to engage in an act of prostitution is declared a nuisance and the vehicle shall be enjoined
and abated as provided in this section. 2.
Any vehicle used to attempt to procure another person for the purposes of prostitution or to procure another person for the purposes of
prostitution is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
3.
Any vehicle used to cause, induce, persuade or encourage, by promises, threats, violence, or by any device or scheme, another person to become
a prostitute is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
4.
Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts set
forth in this section is responsible for creating a public nuisance.
C.
Title to Vest in the City. All right, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving
rise to the nuisance under this section.
D.
Seizure of Vehicle. 1.
A peace officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the
vehicle. Seizure without court order may be made in any of the following circumstances:
(a)
The seizure is incident to an arrest or search under a search warrant;
(b)
There is probable cause to believe the vehicle was used in violation of this section.
2.
A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the
person from whose possession the vehicle was seized.
3.
An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title,
interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any
person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle
or notification of the forfeiture proceedings, it shall within two business days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her
address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
4.
The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the
opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the
request. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the
seizure of the vehicle. Failure of either the registered or legal owner, or his or her agent, to request or attend a scheduled hearing within the appropriate time
frame shall satisfy the post- seizure requirement.
(a)
The notice of seizure shall include the following:
(i)
the name, address and telephone number of the agency providing the notice;
(ii)
the authority and reason for the seizure;
(iii)
a statement that in order to receive their post-seizure hearing, the owners, or their agents, shall request the hearing in person, in
writing, or by telephone within ten calendar days of the date of the notice; and
(iv)
the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.
5.
A vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the City Attorney or District
Attorney.
E.
Forfeiture and Notice of Intended Forfeiture of Vehicle.
1.
The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.
2.
If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney
shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in
any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
3.
The notice of intended forfeiture shall be served as follows:
(a)
The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who
has an interest in the seized vehicle as determined pursuant to Subsection D.3.
(b)
In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may
be made by substituted service. Substituted service may be accomplished by any one of the following methods: (i)
By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by
thereafter mailing by first class mail a copy to the recipient where the copy was left; (ii)
By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household
and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
(c)
mail.
If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class
(d)
If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by
publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government
Code Section 6063.
F.
Claim Opposing Forfeiture and Court Proceedings.
1.
A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of
intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county
in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her
interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim. 2.
If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date
the claim is filed with the court. The City Attorney shall file a petition for forfeiture within ten calendar days of service of the claim upon the City Attorney.
3.
The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to
proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this
section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited
strictly to the questions related to this section. Trial shall be by court or jury.
4.
With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall
have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B. 5.
Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order
that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if
the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section
6.
If no claims are timely filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of
forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the
disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection G. The City Attorney ordering forfeiture
pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.
G.
Disposal of Vehicle and Distribution of Proceeds.
1.
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in
lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows: 2.
(a)
To pay costs associated with the towing, storage and release of any vehicle seized under this section.
(b)
To pay costs associated with the sale of the vehicle.
(c)
To the lien holder of the vehicle, if any, up to the amount of his, her or its interest in the vehicle.
The remaining funds shall be distributed as follows:
(a)
To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement
of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement
of this section and costs of publication of the notices set forth in Subsection E.
(b)
To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with
enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.
(c)
3.
To the general fund.
For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.
H.
Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section shall not be subject to forfeiture unless the identity of the
registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the
vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations
and the vehicle registration is current. I.
Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle
under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.
SEC. 41.70.1. NUISANCE VEHICLES – CONTROLLED SUBSTANCES.
A.
Definitions.
“Controlled substance” means a drug, substance or immediate precursor that is listed in any schedule in California Health and Safety Code Sections
11054, 11055, 11056, 11057 or 11058.
“Driver” means any person who drives or is in physical control of a vehicle.
“Vehicle” means any transportation device which requires the driver to have in his or her immediate possession a valid driver’s license for the
appropriate class of vehicle being driven.
B.
1.
Any vehicle used to illegally acquire or attempt to illegally acquire any controlled substance is declared a nuisance and the vehicle shall be
enjoined and abated as provided in this section. 2.
C.
Title to Vest in the City. All right, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving
rise to the nuisance under this section.
D.
Seizure of Vehicle.
1.
(a)
(b)
2.
3.
An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a seized vehicle whose right,
title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The public agency shall send a
notice of seizure within two business days of the vehicle’s seizure, to all potential claimants whose right, title, interest or lien did not arise subsequent to the
date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
4.
request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person
who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall
satisfy the post-seizure requirement.
(a)
(i)
(ii)
(iii)
a statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in
(iv)
5.
Attorney.
E.
1.
2.
3.
(a)
By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined
pursuant to Subsection D.3.
(b)
(c)
mail.
(d)
Code Section 6063.
F.
1.
in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his, her or its
the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the
City Attorney. A copy of the petition shall be served upon the claimant.
3.
4.
6.
G.
1.
(a)
(b)
(c)
(a)
(b)
(c)
3.
H.
SEC. 41.70.2. NUISANCE VEHICLES – SPEED CONTESTS AND EXHIBITIONS OF SPEED.
A.
Definitions.
Driver means any person who drives a motor vehicle.
Exhibition of speed means a willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a highway where the presence of
another person is known to the driver or may reasonably be anticipated by him or her. In order to constitute an exhibition of speed under this section, there
must be spectators present at the event. Highway means a way or place of whatever nature, which is used by the public for vehicular travel. It does not include a facility which is specifically
designed and legally maintained for the purposes of speed contests or exhibitions of speed.
Speed contest means a contest where a vehicle is raced on a highway against another vehicle, a clock, or other timing device. In order to constitute a
speed contest under this section, at least two vehicles must be assembled or spectators must be present at the event. An event where the time to cover a
prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limit is not a speed contest.
Vehicle means any transportation device that requires the driver to have in his or her immediate possession a valid driver’s license for the appropriate
class of vehicle being driven and which transportation device is equipped with a motor.
B.
1.
Any vehicle used in a speed contest is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
2.
Any vehicle used in an exhibition of speed is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.
3.
C.
Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act
giving rise to the nuisance under this section.
D.
Seizure of Vehicle.
1.
(a)
(b)
2.
3.
An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title,
interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any
person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle
or notification of the forfeiture proceedings, it shall, within two business days of the vehicle’ s seizure, send a notice of seizure to the legal owner at his or
her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
4.
request. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the
seizure of the vehicle. Failure of either the registered or legal owner, or his or her agent, to request or attend a scheduled hearing within the appropriate time
frame shall satisfy the post-seizure requirement.
(i)
(ii)
(iii)
a statement that in order to receive their post seizure hearing, the owners, or their agents, shall request the hearing in person, in writing,
or by telephone within ten calendar days of the date of the notice; and
(iv)
(v)
A vehicle seized pursuant to this section, where appropriate, may be held as evidence in any proceeding brought by the City Attorney or
District Attorney.
E.
1.
2.
If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney shall
serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any
event within 30 calendar days of the seizure of the vehicle subject to forfeiture.
3.
(a)
The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who
has an interest in the seized vehicle as determined pursuant to Subsection D.3.
(b)
(c)
mail.
(d)
If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by
Code Section 6063.
F.
1.
in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her
3.
section, there shall be no joinder or coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to
the questions related to this section. Trial shall be by court or jury.
4.
have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
5.
that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Subsection G. The court may make a different distribution of the proceeds,
if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section.
6.
G.
1.
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold or destroyed. The proceeds of sale
shall be distributed and appropriated as follows:
2.
(a)
To pay costs associated with the towing, storage and release of any vehicle seized under this section;
(b)
To pay costs associated with the sale of the vehicle; and
(c)
(a)
(b)
(c)
3.
A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know
that the vehicle was used for a purpose that constitutes a violation of this section.
4.
A forfeited vehicle shall not be sold to the person who was the driver of the vehicle at the time the vehicle was seized.
5.
follows:
In lieu of forfeiture, a settlement may be negotiated, in which case the proceeds of the settlement shall be distributed and appropriated as
(a)
(b)
(c)
6.
H.
and the vehicle registration is current.
I.
SEC. 41.70.3. NUISANCE VEHICLES – ILLEGAL DUMPING.
A.
Definitions.
“Authorized public officer” means a public officer authorized under Los Angeles Municipal Code Section 61.07(a).
“Bulky item” means any discarded furniture, home or industrial appliance or abandoned vehicle or a part of an abandoned vehicle.
“Driver” means any person who drives a motor vehicle.
“Hazardous waste” means any waste as defined in California Health and Safety Code Section 25117.
“Illegal dumping” means the wilful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private
property not designated for that dumping or disposal purpose. “Illegal dumping” does not include the discarding, dropping, or scattering of small quantities
of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper,
newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. “Solid waste” means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge, which is not hazardous waste, manure,
vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. “Vehicle” means any transportation device that requires the driver to have in his or her immediate possession a valid driver’s license for the
appropriate class of vehicle being driven and which transportation device is equipped with a motor.
B.
1.
Any vehicle used for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this section.
2.
Any vehicle used to transport any bulky item, any hazardous waste or solid waste for the purpose of illegal dumping is a nuisance and the
vehicle shall be enjoined and abated as provided in this section.
3.
C.
Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act
giving rise to the nuisance under this section.
D.
Seizure of Vehicle.
1.
A peace officer or authorized public officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court
having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(a)
(b)
2.
A peace officer or authorized public officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section
1412 and deliver it to the person from whose possession the vehicle was seized.
3.
An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a seized vehicle whose right,
title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The public agency shall send a
notice of seizure within two business days of the vehicle’s seizure, to all potential claimants whose right, title, interest or lien did not arise subsequent to the
date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.
4.
request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person
who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall
satisfy the post-seizure requirement.
(a)
(i)
(ii)
(iii)
a statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in
(iv)
5.
Attorney.
E.
1.
2.
3.
(a)
By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined
pursuant to Subsection D.3.
(b)
(c)
mail.
(d)
Code Section 6063.
F.
1.
in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his, her or its
3.
4.
6.
G.
1.
(a)
(b)
(c)
(a)
(b)
(c)
3.
H.
SEC. 41.71. GANG-RELATED NUISANCE VEHICLE FORFEITURE.
(a)
(1)
"Gang Injunction" means a court order, in the form of a preliminary or permanent injunction, issued against an identified criminal street gang
as an unincorporated association or organization, the provisions of which seek to enjoin the gang's nuisance activities in a delineated geographic area known
as the "Safety Zone".
(2)
"Gang Member" means a member of a "criminal street gang" as that term is defined in Penal Code section 186.22, subdivision (t).
(3)
"Legal Owner" means the "legal owner" of a vehicle as defined in Vehicle Code section 370.
(4)
"Registered Owner" means the "registered owner" of a vehicle as defined in Vehicle Code section 505.
(5)
"Safety Zone" means a geographic area delineated in any gang injunction within which a gang's nuisance activities are to be enjoined.
(6)
"Vehicle" means any transportation device that would require a driver of the vehicle to have in his or her immediate possession a valid driver's
license for the appropriate class of vehicle.
(b)
Circumstances in Which Vehicle Becomes Nuisance Subject to Seizure and Forfeiture. A vehicle used in any of the following circumstances is a
nuisance that shall be enjoined and abated as provided in this section:
(1)
Any vehicle used within the City by one or more gang members for the purpose of the commission of any of the offenses listed in Penal Code
section 186.22, subdivision (e), except for the offenses listed in subdivision (e)(4) (relating to the sale, transportation and manufacture of controlled
substances).
(2)
Any vehicle used within a Safety Zone in which a gang member who is subject to and has notice of the Gang Injunction is:
(A)
Present with another known gang member in violation of the Gang Injunction; or
(B)
Present and in actual or constructive possession of graffiti tools in violation of the Gang Injunction; or
(C)
Present and transporting, concealing, or storing a firearm or any ammunition, the possession of which would be a violation of the Gang
Injunction.
(c)
Title to Vest in the City. All right, title and interest in any vehicle used in any of the circumstances described in subsection (b) shall vest in the City
upon commission of the act giving rise to the nuisance.
(d)
Seizure of Vehicle.
(1)
A peace officer may seize a vehicle for forfeiture upon the issuance of an order by a court having jurisdiction of the vehicle.
(2)
A peace officer may seize a vehicle for forfeiture without a court order when:
(A)
The seizure is incident to an arrest or a search conducted pursuant to a search warrant; or
(B)
There is probable cause to believe that the vehicle is being used in any of the circumstances described in subsection (b).
(3)
A peace officer seizing a vehicle under this section shall complete a vehicle report and deliver it to the person from whose possession the
vehicle was seized.
(e)
Post-Seizure Investigation and Notice to Registered and Legal Owners.
(1)
Upon seizure of a vehicle under this section, the seizing agency shall immediately conduct an investigation as to any registered owner and any
legal owner of record with the Department of Motor Vehicles of this or any other state or appropriate federal agency.
(2)
If the agency finds that any person is the registered or legal owner, and that such ownership or interest did not arise subsequent to the date and
time of seizure of the vehicle or notification of the forfeiture proceedings, the agency shall send the following to each such person at his, her, or its address,
as it appears in the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency, within three (3) business days of
the vehicle's seizure:
(A)
A Notice of Seizure, which shall include the name, address and telephone number of the agency providing the notice as well as the
authority and reason for the seizure; and
(B)
Information about the availability of a post-seizure hearing, which shall include a statement that in order to receive a post-seizure
hearing, the owner, or his or her attorney or agent, must request the hearing in person, or in writing, or by telephone within ten (10) calendar days of
the date of the Notice; and
(C)
Information about how to file a claim, which shall include the time in which a claim of interest in the vehicle seized or subject to
forfeiture is required to be filed; and
(D)
(f)
A claim form.
Post-Seizure Hearing.
(1)
When requested, the post-seizure hearing shall be. conducted within three (3) business days of the seizing agency's receipt of the request for
such a hearing. The agency may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who
seized or directed the seizure of the vehicle. The hearing also may be conducted by a City Attorney hearing officer designated to conduct such hearings.
(2)
The vehicle shall be retained upon a determination of probable cause that the vehicle was used in one or more of the circumstances described in
subsection (b).
(3)
Failure of either the registered owner or legal owner, or his or her attorney or agent, to request or attend a scheduled post-seizure hearing within
the appropriate time frame shall satisfy any post-seizure hearing requirement.
(4)
Notwithstanding a determination of probable cause, the hearing officer has the authority and discretion to direct return of the vehicle to the
registered owner pending further action under this section, upon payment of towing, storage and release charges, if the hearing officer is satisfied,
considering all reliable and available information, that:
(A)
The registered owner is not a gang member; and
(B)
The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(C)
The registered owner did not authorize or negligently permit the vehicle to be used in one or more of the circumstances described in
subsection (b); and
(D)
The vehicle was not previously seized, impounded, or reportedly used in furtherance of any criminal activity while in the possession or
control of the registered owner; and
(E)
(g)
The registered owner relies upon the vehicle for legitimate transportation purposes.
Notice to Interested Persons of Intended Forfeiture of Vehicle.
(1)
If the City Attorney determines that the factual circumstances described in subsection (b) warrant forfeiture of the vehicle, the City Attorney
shall serve a Notice of Intended Forfeiture upon any person who has an interest in the seized vehicle as determined pursuant to subsection (e). The Notice
shall be served as soon as practicable, but in any event within thirty (30) calendar days of the seizure of the vehicle subject to forfeiture.
(2)
The Notice of Intended Forfeiture shall be served by personal delivery, or by certified mail return receipt requested, to the address on record
with the Department of Motor Vehicles, or any other address a person entitled to receive service under subsection (e) designates in writing to the City
Attorney.
(3)
In the event that a person entitled to service under this section cannot be personally served, or the certified return receipt is not received by the
City Attorney within ten (10) business days of mailing, substitute service may be accomplished by either of the following methods:
(A)
By leaving a copy of the Notice at the address on record with the Department of Motor Vehicles and any other address a person entitled
to receive service under subsection (e) designates in writing to the City Attorney, and by mailing a copy to the recipient at the address where the
copy was left and any other address designated in writing to the City Attorney; or
(B)
By first class mail, if the person entitled to service resides out of state.
(4)
Service of the Notice of Intended Forfeiture shall be deemed complete if the recipient acknowledges receipt of the Notice verbally or in writing,
or the certified return receipt is received by the City Attorney, or upon completion of personal or substitute service.
(h)
Filing of Claims Opposing Forfeiture and Court Proceedings Thereon.
(1)
A person claiming an interest in a vehicle seized pursuant to subsection (d) must, within ten (10) calendar days from the date of personal service
or mailing of the Notice of the Intended Forfeiture, file with the Superior Court of the County of Los Angeles a Claim Opposing Forfeiture, verified in
accordance with Code of Civil Procedure section 446. The Claim shall describe the person's interest in the vehicle. A copy of the Claim shall be served
upon the City Attorney.
(2)
If a verified Claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within thirty (30) calendar days
from the date the Claim is filed with the court.
(3)
The City Attorney shall file a Petition for Forfeiture within ten (10) calendar days of being served with the Claim. The Petition for Forfeiture
shall identify the vehicle to be forfeited, state the date and place of the seizure, describe the factual and legal basis for the forfeiture, and state the estimated
value of the vehicle.
(4)
All discovery shall be completed on or before the fifth calendar day before the hearing date, which date may be extended in the court's
discretion.
(5)
The hearing shall be before the Superior Court of the County of Los Angeles. The provisions of the Code of Civil Procedure shall apply to
such proceedings unless otherwise inconsistent with the provisions or, procedures set forth in this section. A proceeding under this subsection is a summary
proceeding and there shall be no joinder of actions, coordination of actions, or cross-complaints. The issues to be determined shall be limited strictly to
those related to this section. Trial shall be by court or jury.
(i)
Contested Forfeiture of Vehicle.
(1)
Where forfeiture pursuant to this section is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence
that the vehicle was used in one or more of the circumstances described in subsection (b).
(2)
Upon proof that the vehicle was used in any of the circumstances described in subsection (b), the court shall:
(A)
Declare the vehicle a nuisance; and
(B)
Order that the vehicle be forfeited and sold, and that the proceeds from the sale be distributed in accordance with subsection (n); or
(C)
If the vehicle was returned to the registered owner pursuant to subsection (f)(4), that it be seized, forfeited and sold, and that the
proceeds from the sale be distributed in accordance with subsection (n).
(j)
Return to Innocent Owner. Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances
described in subsection (b), the vehicle shall not be subject to forfeiture and shall be returned to the registered owner, upon payment of towing, storage and release
charges, if the registered owner establishes by a preponderance of the evidence that all of the following circumstances exist:
(k)
(1)
The registered owner was not operating or present in or around the vehicle at the time of the violation resulting in its seizure; and
(2)
The registered owner did not know that the vehicle was to be used in one or more of the circumstances described in subsection (b); and
(3)
The registered owner was not negligent in allowing the vehicle to be used in one or more of the circumstances described in subsection (b).
Detention In Lieu of Forfeiture.
(1)
Notwithstanding that a vehicle seized under this section may have been used in one or more of the circumstances described in subsection (b), the
court may, in lieu of forfeiture, order that the vehicle be detained for a period of not less than thirty (30) days and not more than one-hundred-twenty (120)
days, if the court finds by a preponderance of the evidence that:
(A)
The vehicle is the only vehicle available to members of the registered owner's household; and
(B)
Forfeiture of the vehicle would cause significant hardship to a household member who relies upon the vehicle for transportation for
legitimate purposes; and
(C)
If released to the registered owner, the vehicle is unlikely to be used in further violation of this section in the future.
(2)
If the court orders the vehicle detained pursuant to this subsection, the registered owner may reclaim the vehicle upon expiration of the detention
period and payment of tow, storage and release charges.
(l)
Stolen Vehicles. A vehicle that has been reported stolen prior to its seizure under this section shall not be subject to forfeiture under this section,
unless the identity of the registered owner cannot be reasonably ascertained, or the registered owner fails to redeem the vehicle within sixty (60) days of the seizure. The registered owner of the vehicle may claim the vehicle, upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for
traffic or parking violations and the vehicle registration is current.
(m)
Uncontested Forfeiture of Vehicle.
(1)
section.
Where forfeiture pursuant to this section is not contested, the City Attorney shall have the authority to declare the vehicle forfeited under this
(2)
If no Claims are timely filed, the City Attorney shall prepare a written Declaration of Forfeiture of the vehicle to the City. A written Declaration
of Forfeiture signed by the City Attorney or his duly authorized designee shall be deemed to vest good and sufficient title to the forfeited vehicle in the
City. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with subsection (n)(1). The
City Attorney shall mail or otherwise provide a copy of the Declaration of Forfeiture to any person who received notice of the forfeiture proceedings
pursuant to this section.
(n)
(1)
In any case in which a vehicle seized pursuant to this section is forfeited to the City, the vehicle shall be sold, unless a settlement is reached
with the registered owner of the vehicle. All proceeds from the sale, or if cash is paid as settlement in lieu of forfeiture of the vehicle, shall be distributed
and appropriated in the order of priority listed below:
(A)
To pay costs associated with the towing, storage and release of the vehicle; and then
(B)
To pay costs associated with the sale of the vehicle; and then
(C)
To the legal owner of the vehicle, if any, up to the amount of the legal owner's interest in the vehicle; and then
(D)
To the City's general fund.
(2)
In a contested forfeiture proceeding pursuant to subsection (i), the court may make a different distribution of the proceeds in the interest of
justice, including a distribution to a person or entity other than a registered or legal owner of the vehicle who can prove by clear and convincing evidence an
interest in the vehicle, up to the amount of that person's provable interest, but only if such person or entity has provided the court with proof of his, her, or its
claimed interest before the court makes a final disposition regarding the vehicle.
(3)
For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue to the general fund.
(o)
Recovery of Monetary Loss. Nothing in this section shall preclude a vehicle owner or lienholder who suffers a monetary loss from the forfeiture of a
vehicle under this section from recovering the amount of the actual monetary loss from the person or persons who committed the act giving rise to the forfeiture.
SEC. 41.72. COUNTERFEIT GOODS NUISANCE ABATEMENT LAW.
(A)
(B)
1.
"City" means the City of Los Angeles.
2.
"Property" means any real property located in the City of Los Angeles, including all buildings, structures and other improvements thereon.
Nuisance.
1.
Definition of Nuisance. A Property used for the purpose of knowingly manufacturing, selling, or possessing for sale any of the following is a
public nuisance which may be restrained, enjoined, abated, and prevented pursuant to the provisions of this Section.
(a)
Any counterfeit of a mark, or goods containing any counterfeit of a mark, registered with the California Secretary of State or registered
on the Principal Register of the United States Patent and Trademark office; or
(b)
Any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information regarding the
manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Code section 653w.
2.
Maintaining Nuisance. No person shall knowingly conduct, permit or maintain the nuisance defined in Subsection B.1. of this Section on any
Property. Each day such nuisance continues to exist shall be a new and separate offense.
3.
Action to Abate Nuisance. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the superior
court to abate and prevent a public nuisance as defined in Subsection B.1. of this Section and to restrain and enjoin the person or persons conducting,
maintaining or permitting the public nuisance from further conducting, maintaining, or permitting such public nuisance.
4.
Notice of Nuisance. If the Property owner is not the person conducting, maintaining or permitting the nuisance, at least 30 days before an action
is filed against a Property owner, the Property owner shall be notified that the Property is being used in violation of subsection B.1. This requirement is
satisfied if the City Attorney sends a notice by certified or registered mail with return receipt requested to the Property owner.
5.
In Rem Jurisdiction. The City Attorney may name as a defendant, in any action brought under this Section, the Property where the public
nuisance is being conducted, or maintained or permitted, by describing it by the assessor's parcel number and street address. The City Attorney shall cause a
summons to be affixed to the principal door or entrance of the Property, or other visible, conspicuous place thereon, and thereafter mails the summons by
certified or registered mail, return receipt requested, to the owner of the Property as reflected on public records on file with the Los Angeles County
Recorder.
(C)
Pre-Judgment Remedies.
1.
Temporary Restraining Order or Injunction. If the existence of the nuisance in the action is shown to the satisfaction of the court, either by
verified complaint or affidavit, the court may allow a temporary restraining order or injunction to abate and prevent the continuance or recurrence of the
nuisance.
2.
Closure.
(a)
The City Attorney may seek a temporary restraining order or preliminary injunction to close all or part of the Property pending trial
when a prior order or injunction has not resulted in abatement of the nuisance. The duration of the order shall be in the court's discretion but in no
event shall the closure exceed one year. The City Attorney may seek an order further directing that the property owner or person in control of the
Property is to padlock the Property and provide the keys to the Los Angeles Police Department or the Department of Building and Safety upon a
request by that department.
(b)
The City Attorney may seek a pre-judgment closure order directing that if the Property is not closed as ordered by the court, the
Department of Building and Safety may close it and board and secure it. The order further may direct the Police Department and the victim of the
activity referenced in B.1.(a) or (b) or its agent, to enter the property in order to prepare a report regarding personal property situated at the Property. The report may consist of photographs of the personal Property.
(c)
The City Attorney shall send the pre-judgment closure order to the Property owner and the person in control of the Property. If the
Property owner or the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los
Angeles Police Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.
(d)
When the Department of Building and Safety closes a Property pursuant to this section, the Department shall post a warning placard or
sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or
hidden from view in any manner. The placard or sign shall read substantially as follows:
PROPERTY VACATED BY COURT ORDER
DO NOT ENTER
IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
3.
Defendant's Remedies.
(a)
If the Property owner files a bond in an amount equal to the full assessed value of the Property ordered to be closed and submits proof to
the court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed
to be closed, the court may vacate the pre-judgment closure order. Proof that the nuisance will not be created, maintained, or permitted in the future,
shall include, but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur
on the Property. The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.
(b)
The City Attorney shall request that any order vacating a pre-judgment closure order include a provision authorizing the Police
Department to periodically and without notice, inspect the Property that is the subject of an action pursuant to this section during the pendency of the
action, for the purpose of ascertaining whether or not the public nuisance has recurred on the Property.
(D)
Judgment.
1.
Permanent Injunction. If the existence of the nuisance in the action is established to the satisfaction of the court, the court may enter a
judgment which includes a permanent injunction enjoining the nuisance.
2.
Closure.
(a)
The City Attorney may seek a permanent injunction that includes closure of all or part of the Property. The duration of the order shall be
in the court's discretion but in no event shall the closure aspect of the order exceed one year. The order may further direct that the Property owner or
person in control of the Property is to padlock the Property and provide the keys to the Police Department or the Department of Building and Safety
upon a request by that department.
(b)
The closure order may direct that if the Property is not closed as ordered by the court, the Department of Building and Safety may close
it and board and secure it. The order may further direct the Police Department to enter the Property in order to prepare a report regarding personal
property situated at the Property. The report may consist of photographs of the personal property.
(c)
The City Attorney shall send the closure order to the Property owner and the person in control of the Property. If the Property owner or
the person in control of the Property fails to comply, the Department of Building and Safety may, when requested by the Los Angeles Police
Department, barricade, padlock, fence or secure the Property by whatever means necessary to secure compliance.
(d)
When the Department of Building and Safety closes a Property pursuant to this section, the Department shall post a warning placard or
sign in a conspicuous place near the entrance. A warning placard or sign posted pursuant to this section shall not be removed, defaced, covered or
hidden from view in any manner. The placard or sign shall read substantially as follows:
PROPERTY VACATED BY COURT ORDER
DO NOT ENTER
IT IS A MISDEMEANOR TO ENTER, TO REMAIN, TO OCCUPY OR BE PRESENT UNLAWFULLY IN OR ON THIS PROPERTY.
IT IS A MISDEMEANOR TO REMOVE, DEFACE, COVER OR HIDE THIS PLACARD.
3.
Defendant's Remedies.
(a)
If the owner files a bond in the amount equal to the full assessed value of the property ordered to be closed and submits proof to the
court that the nuisance has been abated and will not be created, maintained, or permitted for such period of time as the Property has been directed to
be closed, the court may vacate the closure order. Proof that the nuisance will not be created, maintained, or permitted in the future, shall include,
but not be limited to, a written statement setting forth the proactive steps the owner will take to ensure that no such nuisance shall recur on the
Property. The provisions of Section 995.010 et seq. of the Code of Civil Procedure shall apply to any bond posted under this subsection.
(b)
The City Attorney may seek an order that includes a provision authorizing the Police Department to periodically and without notice,
inspect the Property that is the subject of an action pursuant to this section, for the purpose of ascertaining whether or not the public nuisance has
recurred on the Property.
4.
Sale of Chattels. The City Attorney may seek an order of abatement directing the seizure and removal from the Property of all fixtures and
moveable property used in the creation and/or maintenance of the public nuisance and directing the sale by the sheriff of such personal property in the
manner provided for the sale of chattels under execution. For removing and selling the fixtures and moveable property, the sheriff's office shall be entitled to
charge and receive the same fees as he or she would for levying upon and selling like property upon execution. The net proceeds of any such sale, after the
sheriff's expenses have been paid, shall be used to first defray all the lawful expenses incurred by the City, including, but not limited to, fees and costs of the
removal and sale, allowances and costs of keeping the Property closed, and costs of the City's action. The balance, if any, shall be paid to the owner of the
chattels.
5.
Civil Penalty. If a defendant has conducted, maintained or permitted a public nuisance as defined in this section, the civil penalty shall not to
exceed $1,000 for each counterfeit of a mark registered with the California Secretary of State or registered on the Principal Register of the United States
Patent and Trademark office, or for any recording or audiovisual work where the cover, box, jacket, or label fails to accurately disclose the information
regarding the manufacturer and the author, artist, performer, producer, programmer, or group, as proscribed by California Penal Codes section 653w, that is
knowingly manufactured, sold, or possessed for sale on the Property. Upon recovery, such penalties shall be paid to the City of Los Angeles.
In assessing the amount of the civil penalty under this section, the court may consider any one or more of the relevant circumstances presented by any
of the parties to the action, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the
persistence of the misconduct, the length of time over which the misconduct occurred, and the defendant's assets, liabilities, and net worth.
(E)
Costs of Abatement. In any action to abate a nuisance pursuant to this Section, the owner of the Property upon which the nuisance is found to exist
shall be liable for all costs of abatement incurred by the City, including but not limited to, administrative costs and all costs incurred in the physical abatement of the
nuisance. In addition to the penalties herein provided, upon entry of a second or subsequent judgment pursuant to this section that issues within a two-year period,
the court may order the owner to pay treble the costs of abatement. (F)
Violations.
1.
Violation of Order or Injunction. A violation or disobedience of any provision of an order or injunction issued pursuant to this section is a
misdemeanor.
2.
Failure to Comply with Closure Order. A Property owner or person in control of the Property who fails to comply with any pre-judgment
closure order or closure order shall be guilty of a misdemeanor.
3.
Defacement or Removal of Placard or Sign. Any person who defaces, covers, hides, or removes any placard or sign posted pursuant to
subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor.
4.
Entry Onto or Occupation of Closed Property. Any person who enters, remains, occupies or is present in a Property that has been posted
pursuant to subsection C.2.(d) or D.2.(d) of this section shall be guilty of a misdemeanor. This prohibition shall not apply to public officers or public
employees acting in the performance of their official duties. Notwithstanding any other provision of the Los Angeles Municipal Code to the contrary, a
police officer with the Los Angeles Police Department shall have the authority to enter any building posted by the Department pursuant to this division, and
arrest anyone entering the posted Property without authorization.
(G)
Nonexclusive Remedies. The remedies provided in this section are cumulative and non-exclusive and they shall not exclude the City's use of any
other remedy provided by law for the protection of the health, safety and welfare of the people of the City of Los Angeles.
ARTICLE 2
SOLICITING – SALES
(Title Amended by Ord. No. 145,691, Eff. 5/2/74.)
Section
42.00
42.00.1
42.01
42.02
Regulation of Soliciting and Sales in Streets.
Sales from Ice Cream Trucks.
Street – Sidewalk – Pedestrians Building Setback.
Street – Sidewalk – Adjacent Property – Soliciting Trade.
42.03
42.04
42.05
42.06
42.07
42.08
42.09
42.10
42.11
42.11.1
42.12
42.13
42.14
42.14.1
42.15
42.19
42.20
Selling of Tickets of Admission to Places of Public Assemblage in Public Places and Places Open to the Public Prohibited – Exceptions.
Street – Sidewalk – Soliciting Patronage.
Street – Sidewalk – Soliciting Patronage Transportation.
Railroad – Stage Depot – Soliciting Patronage.
Common Carrier – Soliciting Patronage on.
Street – Sidewalk – Soliciting Patronage Prohibited in Area.
Soliciting Patronage – Manner of.
Solicitors of Patronage – Interference With.
Hotel – Loitering.
Depots – Stations – Airports – Loitering about Prohibited.
Alms – Soliciting in Buildings.
Peddlers – Venders – Hours.
Soliciting – Use of City Name.
Soliciting on City Property.
Vending and Excessive Noise on Beaches Prohibited.
Magazine Subscriptions – Sales for Future Delivery – Where Solicitation Prohibited.
Food and Drink Establishments – Annoyance of Customers Forbidden.
SEC. 42.00. REGULATION OF SOLICITING AND SALES IN STREETS.
(a)
(Amended by Ord. No. 145,691, Eff. 5/2/74.) In this section, unless the context or subject matter otherwise requires:
“News racks” shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display
and sale of newspapers, news periodicals or other news publications.
“Newsstand” shall mean any stand, shelter, case, cabinet, box or other structure installed, used, or maintained for the display, sale or storage of
newspapers, news periodicals or other news publications which is attended by the owner or his employee while making sales therefrom.
“Street” shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys
and sidewalks.
“Roadway” shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.
“Parkway” shall mean that area between the edge of the roadway and the adjacent property line excluding that area occupied by the sidewalks.
Parkway shall also include any area within a roadway which is not open to vehicular travel.
“Sidewalk” shall mean any surface provided for the exclusive use of pedestrians.
(b)
Street Sale of Goods Prohibited. (Amended by Ord. No. 169,319, Eff. 2/18/94.) No person, except as otherwise permitted by this section, shall on
any sidewalk or street offer for sale, solicit the sale of, announce by any means the availability of, or have in his or her possession, control or custody, whether upon
his or her person or upon some other animate or inanimate object, any goods, wares or merchandise which the public may purchase at any time. This subsection
shall not apply to the sale of poppies, badges and labels as defined by Military and Veterans Code Section 1800 on a parkway or sidewalk by persons bearing a
valid information card issued pursuant to Article 4 of this chapter authorizing such person to do so.
(c)
Street-Soliciting Employment of Services Prohibited. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(1)
No person, except as otherwise permitted by this section, shall on any street offer for sale, solicit the employment of, or announce by any means
the availability of, any goods, wares, merchandise, services or facilities, or solicit patrons for or advertise any show, exhibition, entertainment, tour,
excursion, sight-seeing trip, or real estate viewing or inspection trip. (Amended by Ord. No. 169,319, Eff. 2/18/94.)
(2)
No person who is visible or audible to any person on any street shall, in a loud, boisterous, raucous, offensive or insulting manner, offer for
sale, solicit the purchase of, announce the availability of, or solicit the employment of any goods, wares, merchandise, services or facilities, or solicit
patronage for or advertise any show, exhibition, entertainment tour, excursion sight-seeing trip, real estate, or oil well viewing or inspection trip.
(3)
Nothing in Paragraph (1) of this subsection shall be so construed as to apply to a sight-seeing tour operating under and by virtue of a permit
from and regulations of the Public Utilities Commission of the State of California and for which tour a fixed charge is made to the person carried.
(d)
Street-Sidewalk – Advertising on. No person shall except as otherwise provided in Subsection (j) of this section have, bear, wear or carry upon any
street, any advertising banner, flag, board, sign, transparency, wearing apparel or other device advertising, publicity announcing or calling attention to any goods,
wares, merchandise, or commodities, or to any place of business, occupation, show, exhibition, event or entertainment. The provisions of this subsection shall not
apply to the wearing of apparel without remuneration for doing so or business identification on wearing apparel. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(e)
Streets News Venders. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(1)
No person shall sell or offer for sale any newspaper, magazine, periodical, news publication or other printed matter while upon the roadway of
any street within the City of Los Angeles provided, however, that persons engaged in selling or offering for sale or disposing of newspapers, news
periodicals or other news publications may sell, offer for sale, solicit the purchase of and advertise the same upon any portion of the sidewalk or parkway,
subject to Subsections (f), (g), (h) and (j) of this section where applicable.
(2)
No person, under the age of 10 years, shall sell or offer for sale any newspaper, magazine, periodical, news publication or other printed matter
while upon any portion of a street. This subsection shall not prohibit persons, except as otherwise prohibited by law, from soliciting the sale of or delivery of
newspapers, magazines, periodicals, news publications and other printed matter to residences or places of business fronting upon a street.
(f)
Streets – News Racks. (Amended by Ord. No. 176,339, Eff. 1/19/05.)
(1)
Definitions: The following words, terms and phrases, when used in the following subsections shall have the meaning ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
(A)
"Equivalent newsrack" means any newsrack that is of the same size and dimensions of the specified newsrack.
(B)
If "demand warrants" or "warranted demand" means the measured stack height needed to meet the newspaper publisher's or distributor's
peak daily distribution at the requested newsrack location, as proven to the Board by the newspaper publisher or distributor, exceeds (14) inches.
(C)
"Individual newsrack" means and includes a newsrack designed with a single enclosed compartment to accommodate at any one time
the display, sale, or free distribution of like copies of a single newspaper or other publication, or which has more than one (1) compartment and
complies with the dimensions of an individual newsrack as provided in Subsection (7)(B).
(D)
"Newsrack" or "News Rack" means any unstaffed, self-service, free, or coin-operated box, container, storage unit or other dispenser
located in or upon, or projecting onto, or over, any part of the public right-of-way, and which is installed, used or maintained for the display, sale, or
free distribution of newspapers and other publications.
(E)
"Modular newsrack" means a newsrack which is designed with separate enclosed compartments to accommodate at any one time the
display, sale or free distribution of multiple distinct and separate newspapers or other publications, and which exceeds the dimensions of an
individual newsrack as provided in Subsection (7)(B).
(F)
"Modular newsrack provider" means the person or other legal entity that is authorized under Subsection (4)(A)(7) to place and maintain
modular newsracks upon the public right-of-way.
(G)
newsrack.
"Publisher" means the person or other legal entity selling, displaying, or distributing free newspapers or other publications in a
(H)
"News-Stand/Kiosk" means any stand, shelter, or other structure installed, used, or maintained for the display, sale or storage of
newspapers, news periodicals or other news publications.
(I)
"Public right-of-way" means any public street, sidewalk, parkway, alley or other location owned or otherwise controlled by the City for
the benefit of the general public.
(J)
"Block face" means the sidewalk on one side of a street, between one intersection and the immediately adjacent intersection. (2)
Purpose and Criteria: The purpose of the following Subsections is to promote the public health, safety, and general welfare of the citizens
and visitors to the City through the regulation of placement, type, appearance, and maintenance of newsracks on public rights-of-way so as to:
(A)
Provide for pedestrian and driver safety and convenience.
(B)
Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including, but not limited to, ingress into and egress
from any residence or place of business, or from the street to the sidewalk, or from the sidewalk to the street by persons exiting or entering parked or
standing vehicles.
(C)
Provide for the safety of the general public and property during emergency conditions.
(D)
Provide reasonable access for the use and maintenance of poles, posts, traffic signs and/or signals, hydrants, mailboxes, and access to
locations used for public transportation purposes.
(E)
Allow for the placement and maintenance of modular newsracks in the modular newsrack areas, as determined by the City Council, to
be placed in locations throughout the city which afford easy, convenient service to pedestrians, but do not obstruct or interfere with access to
abutting properties, and which do not impede or endanger pedestrian, bicycle, or vehicular traffic.
(F)
Relocate and/or replace or remove newsracks which result in visual blight and/or are not installed according to this code on the public
rights-of-way or which block or interfere with the aesthetics of store window displays, adjacent businesses, landscaping, street furniture, public or
private, and other improvements as well as to allow the removal of abandoned newsracks.
(G)
Maintain and protect the values of surrounding properties, and ensure that the aesthetics and historical attributes of adjacent businesses
are not compromised by the unregulated placement of newsracks in the public right-of-way.
(H)
Reduce unnecessary exposure of the public to personal injury or property damage.
(I)
Maintain and preserve freedom of the press to distribute periodicals and newspapers.
(J)
Reduce visual blight and improve the aesthetic appearance of the City's streets and sidewalks for the merchants, citizens and visitors to
the City by coordinating the uniform color of all newsracks with the color of the City's extensive multi-million dollar street furniture program; and in
Specific Plan Areas, Streetscape Plan Areas or other Special Planning Districts, which have a standard streetscape color, to allow for a uniform
newsrack color from a limited palate of colors in order to coordinate the color of newsracks with their streetscape.
(3)
Compliance Phase In:
(A)
The provisions of this subdivision shall apply to all newsracks, whether installed and maintained prior to or after the effective date of
this ordinance which in whole or in part rests upon, in, or over any dedicated sidewalk, right-of-way or parkway. Those newsracks installed prior to
the effective date of this revised ordinance shall be brought into compliance with the all provisions of this code, except uniform color, as this revised
ordinance is implemented by Street Services, area by area, within the City. In no event shall compliance be later than 12 months after the effective
date hereof, except that, if the City's implementation schedule takes longer than 12 months, then compliance by the publishers shall follow the City's
implementation schedule. If a publisher chooses not to come into compliance with the uniform color requirement of this ordinance at the time it
obtains a valid permit and legally places its newsracks as required by the City's implementation schedule, then compliance with the uniform color
requirement must be accomplished no later than 24 months after the effective date of this ordinance. However, Publishers experiencing financial
hardship, solely due to compliance with LAMC § 42.00 (f) as it applies to uniform color, may request the Board to approve one 12-month extension
allowing them a total of 36 months to come into full compliance with the uniform color requirement of the Newsrack Ordinance, if evidence of
financial hardship is proven to the satisfaction of the Board. Any newsrack not brought into compliance within the aforementioned time period shall
be deemed to be in violation of LAMC § 42.00 (f).
(4)
Permit Required: No person shall install or maintain any newsrack upon any public right-of-way without first applying for and receiving a
permit from the City's Board of Public Works, herein after referred to as "Board". A permit will not be issued unless the application is completed in full, the
requested installation meets all the appropriate placement criteria as set forth below, and the application is accompanied by the appropriate permit fee for the
type of newsrack, single, pedestal, or modular, for each individual newsrack installation requested. Any permit granted pursuant to the provisions of this
code shall only be valid as to the specific location specified in the permit application. Where application is made for the installation of two or more single
newsracks, a separate permit shall be required for each individual newsrack. Upon this revised ordinance taking legal effect in the City of Los Angeles, any
owner of a newsrack currently existing on any City right-of-way must apply for a permit pursuant to this ordinance within the time specified by the Board of
Public Works in its Rules and Regulations for the implementation of this ordinance. Any newsrack which is not the subject of a valid permit application as
required by the City's implementation Rules and Regulations will be deemed to be in violation of 42.00 (f) of this code and subject to removal from the
right-of-way as set forth herein.
(A)
Permit Application. Permit applications shall be in writing and on forms as provided by the Board. The permit application shall include
the following information:
(1)
The name, address, and telephone number of the applicant who is the owner and/or principal responsible for the newsrack.
(2)
The name, address, and telephone number of a responsible person whom the City may notify or contact at any time concerning
the applicant's newsrack(s).
(3)
The specified number of newsracks and the detailed proposed location for each one, shown on a drawing of the location, or
GIS/Address based program provided by applicant which is compatible with the City's GIS program and which indicates all existing
buildings, existing newsracks at the location and general vicinity, and all other possible obstructions within 20 feet of the proposed location of
the newsrack.
(4)
Names of newspaper(s) or periodical(s) to be placed in each newsrack. One or more newspapers or periodicals may be dispensed
from a single newsrack if the newsrack is manufactured for this purpose.
(5)
Type or brand of newsrack, including an illustration and description of the newsrack and mount, if other than a single pedestal,
size of base plate and whether the newsrack will have a coin-box attachment, or equivalent.
(6)
A sworn statement under penalty of perjury, executed by an officer, director, or authorized agent of the applicant, agreeing that
the applicant shall not sell, assign, or transfer by any method, the permit for the newsrack location to any other publisher, distributor, entity or
individual.
(7)
The Board, with Council approval, may designate areas of the City where only modular newsracks may be installed and
maintained by a City vendor such as the City Hall Historical District, (the east block face on Spring Street between Temple Street and 1st
Street, the south block face of Temple Street between Spring Street and Main Street, the west block face of Main Street between Temple
Street and 1st Street, and the north block face of 1st Street between Spring Street and Main Street). No application for an individual
newsrack permit may be submitted in a modular newsrack area. Upon the effective date of this ordinance, the total number of compartments
in modular newsracks in any designated modular newsrack area, shall be substantially equivalent to the highest total number of individual
newsracks known to have been legally maintained on the public right-of-way in the modular newsrack areas at any one time during the year
preceding the introduction of this amended ordinance but in no event more than the total number of newsracks allowed by subparagraph
(F)(4) below.
(8)
Such other information as, from time to time, may be required by the Board.
(B)
Expiration - Renewal. Unless earlier revoked, newsrack permits issued pursuant to the provisions of this code shall expire on the 30th
day of August following the date upon which each such permit is granted. Such permits may thereafter be renewed annually upon the payment of the
fee hereinafter prescribed. Applications for renewal shall be made at least 30 days prior to the expiration of any permit issued, and must be
accompanied by a permit renewal fee as set forth in Subsection (4)(C), below. Application for permit renewal and payment must be either presented
in person to the Bureau of Street Services, via the Internet (if available), or mailed via certified mail, postmarked no later than 30 days prior to the
date of permit expiration. Failure to renew an existing newsrack permit before its expiration will require the payment of a late renewal penalty as set
forth in Subsection (4)(C), below, or the loss of the placement of the said rack at the subject location.
(C)
Fees. The Board shall establish all fees, in accordance with the level of enforcement deemed appropriate by the Council, and shall only
be used to defray the total expenses of operation of the newsrack program including: permitting, inspection, administration, and enforcement,
required by this Ordinance as set forth in the preceding and following sections of this code. The Initial Permit Fee, the Renewal Permit Fee, the Site
Inspection Fee, the Site Re-Inspection Fee, Late Renewal Penalty Fee, Impound Fees, and the Bar Code Decal Replacement Fee shall be determined
and adopted from time to time by the Board.
(D)
Insurance.
(1)
Requirement-Content. As a condition of the City granting any person or persons one or more permits to maintain a newsrack or
newsracks in the public right-of-way, any such permittee shall be required to maintain a policy of general liability insurance, naming the City
of Los Angeles, the Board of Public Works and its employees, agents etc. as "Additional Insureds" for the specific purpose of indemnifying
and holding harmless the City of Los Angeles, its officers, boards, employees, etc. from and against any and all losses, costs, damages,
expenses, or liability, whatsoever, which may result from or arise out of the granting of a permit, and/or the installation and/or the
maintenance of any newsrack or newsracks for which the permittee shall be responsible for paying any and all losses or damages that may be
sustained by any person or persons as a result of, or which may be caused by or arise out of the installation and/or maintenance of the
permitted newsrack or newsracks. The policy of insurance shall be maintained in its original amount by the permittee at permittee's expense
at all times during the period for which the permittee holds a valid permit or permits. Should said policy be called upon to satisfy any
liability for damages covered by said policy, the policy must be of such a nature that the original amount of coverage is restored after any
payment of damages by the policy. In the event that two or more permits are issued to one permittee, the permittee shall only be required to
maintain a single policy of insurance covering all such permits held by the permittee in the amount set forth below for the number of
newsracks maintained by the permittee.
(2)
Required Limits of Liability Insurance. The Board shall be responsible, from time to time, for adopting the limits of liability
insurance required to be maintained by newsrack permittees under this code. The Board shall receive a recommendation from the City's Risk
Manager prior to setting the limits of liability insurance based on the number of racks that each permittee maintains in the City's right-of-way.
(E)
Every person who installs, uses or maintains any newsrack which in whole or in part rests upon, in, or over any dedicated sidewalk or
parkway shall have his or her name, address and telephone number affixed thereto at a place where such information may be easily seen, in addition
to a bar code decal issued by the Board for that specific newsrack.
(5)
Prohibited Where Vehicles Permitted: No person shall install or maintain any newsrack 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 such roadway.
(6)
Unlawful Obstructions: No person shall install, use or maintain any newsrack:
(A)
Within 5 feet of any marked crosswalk;
(B)
Within 5 feet of the curb return of any unmarked crosswalk;
(C)
Within 5 feet of any fire hydrant, fire call box or other emergency facility;
(D)
bus zone;
Within 5 feet ahead and 45 feet to the rear of any sign marking a designated bus stop. No newsrack shall be installed within the marked
(E)
Within 5 feet of any bus bench.
(F)
Within 10 feet of any transit shelter. (G)
In front of an entrance to a business, including the curb area directly across from such entrance where the distance between the entry
door and the newsrack is less than 10 feet;
(H)
In any location used, marked or posted for public utility purpose, public transportation purpose or government use;
(I)
Where placement unreasonably interferes with the use of poles, posts, traffic signs or signals, mail boxes or other objects legally
permitted, but in no event shall the newsrack be closer than one foot from such objects;
(J)
Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the
sidewalk or parkway, but in no event within 4 feet of such window;
(K)
Within 5 feet of any area improved with lawn, flowers shrubs, trees or street tree well;
(L)
Within 5 feet of any driveway or driveway apron;
(M)
Within 4 feet of any outdoor dining areas or patio dining areas;
(N)
Within 20 feet of both sides of buildings officially designated Los Angeles Historical or Cultural Monuments. If there is a block in
which all buildings have been so officially designated, then the Board, in consultation with the Cultural Heritage Commission, shall determine siting
on such block face for up to four (4) newsracks. An owner of a building which has been designated as a Historical or Cultural Monument may
petition the Board of Public Works to allow newsracks on the sidewalks in front of their building if the placement of such newsracks will not
interfere with Historic or Cultural nature of the building. The Board shall listen to evidence from all interested parties and make its determination
based on the totality of the evidence.
(O)
Within 20 feet of both sides of visual public art work created, funded or managed through the City's Municipal Art Program including,
but not limited to, murals, sculptures and fountains.
(P)
Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 6 feet or, impedes access to or the use of
abutting property, including, but not limited to, residences and places of business.
(Q)
Notwithstanding any other paragraph of this subdivision, no person shall install, use or maintain any newsrack where placement
endangers the safety of persons or property.
(R)
No newsrack shall be installed within 4 feet from any permanently installed structure in the public Right-of-Way, which is not
otherwise specifically identified in this subdivision.
(S)
Within one foot of any utility cover, vent screen or other object that is flush mounted with the sidewalk, except that if the owner or
person in control of the below grade sidewalk installation needs additional space for emergency or non-routine maintenance of the installation, any
newsrack(s) which interferes with such maintenance may be requested to be temporarily removed to accommodate the required maintenance and then
be reinstalled.
(T)
Within 4 feet to the front and 10 feet to the rear of any parking meter and where there are no parking meters on the curb, 10 feet from
the front of any marked parallel parking place.
(7)
Size, Appearance, Placement, Installation and Construction of Newsracks:
(A)
Every newsrack shall be maintained in a neat and clean condition and be in good repair at all times.
(B)
All newsracks shall be permanently mounted, except as provided in Subsection (7)(C), in accordance with specifications established by
the Board as provided in Subsection (9) and adopted from time to time as revisions become necessary, including but not limited to: style,
construction, coating, material and fabrication. Specifications for a newsrack shall be:
(1)
Street tube pedestal, at least four inches by three inches in height;
(2)
Overall height shall not be less than 46 inches and shall not exceed 52 inches; the overall width shall not be less than 20 inches
and shall not exceed 30 inches; and the overall depth shall not be less than 12 inches and shall not exceed 20 inches.
(3)
All newsracks shall be primarily constructed of metal and shall be "Ivy Green" in color (Tiger RAL 607 SM, Glossy, Code 2850081), except as provided in § 42.00 (f)(17) "Specific Plan/Street Scape Plan Areas".
(C)
Special Purpose Sidewalks; No Permanent Attachments. Each individual newsrack which is permitted to be placed on a special purpose
sidewalk, such as terrazzo, brick, glass prism implanted, or where basements are located under the sidewalk, shall be on legs and shall be mobile and
not affixed to the sidewalk in any way.
(D)
herein.
Pedestals. No pedestals shall be maintained on a public right-of-way unless there is attached thereto a newsrack case as provided
(E)
Removal of Newsracks; Repair of Sidewalks. Upon the removal of any newsrack, the person so removing shall be responsible for the
repair of any resulting condition, including filling in of any holes left in the sidewalk and/or the removal of any bolts or other devices used to affix
the newsrack to the sidewalk such that there are no obstructions sticking above the grade of the sidewalk. Such work is to be done to the satisfaction
of the Department of Public Works.
(F)
Newsrack Location.
(1)
Newsracks shall only be situated near a curb with the back of said newsrack situated not less than 18 inches nor more than 24
inches from the edge of the curb. If it is physically impossible to situate a newsrack near a curb, then the Board may authorize the placement
of up to four (4) newsracks adjacent to the wall of a building on that block. If the newsrack is placed adjacent to the wall of a building, the
back of said newsrack shall be situated parallel to and not more than 6 inches from such wall. No newsrack shall be installed, used or
maintained on any sidewalk or parkway opposite a newsstand or other newsrack.
(2)
Except as otherwise provided by this code, no newsrack placed on the public right-of-way shall be chained, bolted or otherwise
attached to any property or to any permanently fixed object.
(3)
Not more than four newsracks shall be placed immediately adjacent to each other. Any such group of up to four newsracks shall
be separated by a space of not less than 48 inches from any other individual newsrack or group of newsracks.
(4)
Not more than 16 newsracks shall be placed within 200 ft. of the same block face. However, the Board may establish a number
greater or less than 16 in any specific block face by conducting an engineering study. In cases where a block face is longer than 200 ft., for
every additional 50 ft. of block face greater than 200 ft., an additional four (4) newsracks may be installed.
(5)
Not more than one permit for installation of a newsrack shall be issued for each publication on one side of a block or within 200
ft. of the same block face, whichever is less. One publication includes: differing geographic editions of the same publication (Orange County
edition; Valley edition, etc.); and daily and Sunday editions of the same publication. In cases where a block face is longer than 200 ft., and
there is space to legally install additional newsracks, then a permit for one publication to install a second newsrack on the same block face
may be issued by the Board.
(6)
Newsracks shall not be permitted on the public right-of-way adjacent to any property that is zoned exclusively for single-family
residential use (R-1).
(G)
Priorities Related to Placement of Newsracks.
(1)
In determining in what order newsrack permittees may select their location on a particular block face during implementation of
this revised newsrack ordinance, and in particular where there are more requests for newsrack spaces on any one block face than there are
legal spaces available, the Board of Public Works shall, pursuant to its authority under paragraph (9) below, develop a content neutral criteria
for determining the placement of newsracks applicable to each block face.
(2)
Once this revised newsrack ordinance has been fully implemented citywide, all subsequent newsrack permits shall be issued on a
first come first served basis.
(8)
Unlawful Use: No newsrack shall be used for advertising signs or publicity purposes. External lettering is restricted to the following:
(A)
If the newsrack is situated next to the curb, the side parallel to the curb, next to the lanes of traffic, may have external lettering
replicating the publication masthead style and color, for the permitted publication in the subject newsrack, in a total area not to exceed 144 square
inches.
If an individual newsrack is used to distribute more than one publication, each publication distributed in that newsrack shall be entitled to have
external lettering replicating the publication masthead style and color for the permitted publications in the subject newsrack. However, the total area
for all such publication mastheads on that newsrack shall not exceed 144 square inches.
(B)
The side of the newsrack facing pedestrian traffic, except in Specific Plan/Streetscape Plan Areas, as identified in Section (17), may
have a "Rack Card", with a total area not to exceed 238 square inches, which exclusively advertises the newspaper or periodical being dispensed, and
shall not include any third party advertising. This "Rack Card" shall be located in the area immediately below the hood on the front access side of
the newsrack.
(C)
Other than as permitted in this section, no other lettering or advertising of any kind shall be permitted anywhere else on the newsrack,
including the mount.
(9)
Authority of the Board of Public Works to Promulgate Rules and Regulations for the Permitting, Installation and Maintenance of the
Newsracks in the Public Right-of-Way: Consistent with the intent and requirements of LAMC § 42.00 (f), et seq., the Board may adopt rules and
regulations to administer the installation, placement, maintenance, size and material used for construction of newsracks. The Board may adopt any other
rule and/or regulation for the protection of public safety, welfare, or property relative to permitting, installation, and maintenance of newsracks. Prior to
adoption of any rules and/or regulations, the Board shall hold a public hearing. Once any rules and/or regulations are adopted, they shall be kept posted in
the Board office and a copy thereof shall be furnished to any applicant for a newsrack permit.
(10)
Noncompliance With LAMC § 42.00 (f), et seq.; Tagging of Newsracks: Except as provided in Subsection (12) hereof, whenever any
newsrack is found to be in violation of any Subsection of LAMC § 42.00 (f), the Board shall cause a notice tag to be attached to said newsrack specifying
the date and nature of the violation, and shall E-mail or fax to the permittee a copy of the violation. Permittee shall within ten (10) calendar days from the
date on which the tag was attached, either cause the violation to be corrected or request a hearing pursuant to Subsection (13) hereof. If a hearing is
requested, staff will not remove the non compliant newsrack until a final determination by the Board. However, if a newsrack installed within the City rightof-way has no visible evidence that it has been properly permitted (no City issued bar code decal, no visible contact information for the owner or no other
evidence that would indicate that a valid permit for the newsrack had been issued) staff may confiscate the offending newsrack and follow the procedures in
subparagraph (11)(B) below. There is hereby created a presumption that any newsrack within the City's right-of-way that does not have a city bar code
decal, or visible identification and contact information for the owner of the newsrack, has been installed without a valid permit.
(A)
A newsrack may be tagged for any violation of any requirement of LAMC § 42.00 (f) including, but not limited to, the following:
(1)
Where its installation, use or maintenance unreasonably interferes with or impedes the flow of vehicular or pedestrian traffic;
(2)
Where its installation, use or maintenance interferes with the use of poles, posts, traffic signs or signals, hydrants, mailboxes or
other objects legally permitted;
(3)
Where its installation, use or maintenance unreasonably obstructs, interferes with or impedes access to or the use of abutting
property, including, but not limited to, residences, places of business, or legally parked or stopped vehicles;
(4)
When such newsrack does not have a name, address and telephone number affixed in a place where such information may be
easily seen and the designee of such newsrack cannot be otherwise identified;
(5)
When a newsrack is found in the public right-of-way which does not have a visible, city issued, bar code decal present indicating
the correct permit number of the newsrack or the newsrack has no valid permit at all; and
(6)
When a newsrack is found in the public right-of-way which is not maintained in a neat and clean condition and in good repair,
in accordance with the following Maintenance Specifications:
(a)
The newsrack permittee shall maintain all newsracks and the sidewalk surface immediately under and adjacent (within 2
feet) to the newsracks in a safe, clean, attractive and sanitary condition and in good order and repair, as determined by the Department
of Public Works, Bureau of Street Services (BOSS). The permittee shall make routine inspection and maintenance calls on each
newsrack once a week. Such inspection and maintenance calls may be incorporated with delivery of newspapers or other
publications. The permittee shall make more frequent calls if conditions warrant. At each maintenance call, the permittee shall clean,
wash and remove all graffiti, stickers, posters, litter, dust, dirt and weeds at each newsrack. The newsrack shall be maintained in a
continual good and working condition.
(b)
Maintenance - Permittee shall respond to a request to secure a site or to perform maintenance within 24 hours of
notification, but in no event more than 72 hours. The permittee shall use cleaning methods and procedures that have been
demonstrated and approved and are environmentally safe, utilizing acceptable industry practices.
(c)
Repair and Replacement - The Permittee shall commence necessary repairs within one week when any damage or
vandalism is found by BOSS. If the newsrack damage or vandalism is of an emergency or hazardous nature, the permittee will repair,
replace, remove or secure the site within 24 hours of notification. If the newsrack is totally destroyed because of an accident, the
Permittee will remove the newsrack and appurtenant structures within 24 hours, including repair of any damage to the public right-ofway, returning the site to its former condition prior to the newsrack installation.
(d)
Graffiti Removal - Permittee will upon notification by BOSS, or upon inspection, remove graffiti within 24 hours from
any newsrack. (11)
Impounding of Newsracks:
(A)
Notwithstanding the Department's right to tag newsracks in violation of any Subsection on LAMC § 42.00 (f), the Department may
cause any newsrack to be impounded:
(1)
When the newsrack poses an immediate danger to persons or vehicles;
(2)
Where its installation, use or maintenance endangers the safety of persons or property;
(3)
When pursuant to Subsection (10), a tag has been attached to a newsrack and a written notice, such as fax, letter or E-mail has
been sent to the owner, operator, or responsible person for the newsrack and the designee has neither caused the violation specified on said tag
to be corrected nor requested a hearing pursuant to Subsection (14), hereof within the time permitted;
(4)
When a hearing and appeal, if filed, have resulted in a final determination that the violation(s) specified on the tag attached to
such newsrack has in fact occurred, and the designee has failed to correct such violation(s) within ten (10) calendar days from the date of said
determination;
(5)
When a request for a hearing or appeal has been withdrawn, such request shall be deemed withdrawn, either by actual withdrawal
or by the failure of the designee to fully comply with Subsection (14) of this code;
(6)
(7)
this code.
When such newsrack has been abandoned; and
When such newsrack has been installed on the City's right-of-way without first applying for and receiving a permit as required by
Pursuant to this Subsection, a newsrack shall be deemed abandoned when it does not contain the newspaper or other publication specified
therefor for more than four (4) consecutive days for a daily publication, eight (8) consecutive days for a weekly publication, sixteen (16) consecutive
days for a biweekly publication, or thirty-four (34) days for a monthly publication. A newsstand shall be deemed abandoned if it is not open for a
period of more than seven (7) consecutive days.
(B)
Standard impound procedures: Within forty-eight (48) hours after removal of any newsrack, the Board shall notify the owner in writing,
fax or E-mail of the removal and the reason for removal where ownership information is posted on the newsrack either through the City bar code
decal or the required owner contact information. If ownership information is not readily available because there is no City bar code decal, or
ownership identification information posted on the newsrack, or no newspaper or periodical in the newsrack with contact information, the City shall
make every reasonable effort to comply with the notification procedure of this subsection. When notification is possible, the notice shall also inform
the owner of the right to request, either in writing or in person, within five (5) business days of the date of the postmark of such written notice, a
hearing by the Board or its designee pursuant to Subsection (14), to determine whether such removal was proper.
(12)
Return of Impounded Newsracks:
(A)
permittee:
Any newsrack, together with its contents, which has been impounded pursuant to Subdivision (11) hereof, shall be returned to the
(1)
Upon receipt of an impound fee as determined herein; or
(2)
Upon a determination after hearing by the Board or its designee, pursuant to Subsection (14) hereof, that the newsrack should not
have been impounded and should be returned to the permittee;
(B)
In the event a hearing has not been requested pursuant to Subsection (14) within the time permitted following the impoundment of any
newsrack, an impound fee as set forth herein shall be imposed upon the permittee and shall be paid before the impounded newsrack is returned.
(C)
The fees herein shall be determined and adopted by the Board in order to collect sufficient money to defer the complete cost of the
City's newsrack permitting and enforcement program as set forth in this code. The fees shall be adjusted from time to time by the Board to reflect
any change in the cost of permitting and enforcement. At no time shall the fees adopted by the Board recover more than the actual cost of the
program.
(13)
Sale or Disposal After Impoundment: The Department may sell or otherwise dispose of any newsrack, together with its contents, and retain
the proceeds, pursuant to California Government Code Section 50050 et seq., from any such sale or other disposition, and any monies contained in said
newsrack at the time of its impoundment, provided that either:
(A)
No hearing has been requested pursuant to Subsection (14) within the time permitted;
(B)
A hearing and an appeal, if filed, have resulted in a final determination that said newsrack was properly impounded, and fees assessed
pursuant to Subsection (12) have not been received within thirty (30) days from the date of the final determination.
(14)
Hearings:
(A)
Request for Hearing - Any newsrack permittee may file a written request with the Department for a hearing, in person or by certified
mail, for the purpose of demonstrating that a newsrack should not have been impounded, or that a violation as specified on the tag attached to a
newsrack pursuant to Subsection (10) hereof has not in fact occurred.
(B)
Notice of Hearing - Within two (2) working days from the date on which the request for hearing is received, the Department shall set a
hearing date and shall notify the designee by certified mail of the date, time and place of said hearing. Said hearing shall occur within ten (10)
working days of the date of mailing the notice unless the person requesting the hearing wishes to have the hearing at a later date, and both parties
agree on the date.
(C)
Conduct of Hearing - At the time set for such hearing, or at the date to which such hearing is continued, the Board or its designee shall
receive all evidence relevant to the occurrence or non-occurrence of the specified violation(s), the compliance or noncompliance with any of the
provisions of this Subsection, and any other relevant information. Such hearing need not be conducted according to technical rules relating to
evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.
(D)
Decision after Hearing - Within ten (10) working days after the conclusion of the hearing, the Board or its designee shall find and
determine, from the facts adduced at said hearing, whether the newsrack should have been tagged and/or impounded, and whether said newsrack
shall be returned except upon receipt of fees as specified in Subsection (12). The decision of the Board or its designee shall be in writing and shall
contain findings of fact, a determination of the issues presented, and the amount of the fee, if any, to be imposed.
(E)
Notice of Decision - The Department shall send to the designee, by certified mail, a copy of its decision and order.
(15)
No Criminal Sanctions: Notwithstanding any provision of Subsection 11.00 (m) of this Code, no person shall be subject to the imposition of
criminal liability for any violation of LAMC § 42.00 (f).
(16)
No Newsrack Areas - Regional Historic or Cultural Significance:
(A)
No newsrack shall be installed in an area deemed by the City Cultural Heritage Commission and the City Council to be of municipal or
regional historic significance or regional cultural significance, including any of the following locations:
(1)
On the Hollywood Walk of Fame (both sides of Hollywood Boulevard between La Brea Avenue and Gower Street, and both
sides of Vine Street between Yucca Street and Sunset Boulevard);
(2)
On the sidewalks immediately contiguous to the restored City Hall (the east block face on Spring Street between Temple Street
and 1st Street, the south block face of Temple Street between Spring Street and Main Street, the west block face of Main Street between
Temple Street and 1st Street, and the north block face of 1st Street between Spring Street and Main Street);
(3)
El Pueblo de Los Angeles (Olvera Street, the east block face of Main Street between Cesar Chavez Avenue and Aliso Street, the
south block of Cesar Chavez between Main Street and Alameda Street, the west block face of Alameda Street between Cesar Chavez Avenue
and Aliso Street, and the north block face of Aliso Street between Main Street and Alameda Street);
(4)
On the sidewalks immediately contiguous to Disney Hall (the east block face of Hope Street between 1st Street and Upper 2nd
Street; the west south block face of 1st Street between Hope Avenue and Grand Avenue; the west block face of Grand Avenue between 1st
Street and Upper 2nd Street; and the north block face of Upper 2nd Street between Hope Avenue and Grand Avenue); or
(5)
On the sidewalks on the block faces immediately to the west and east of the Music Center and Dorothy Chandler Pavilion (the
west block face of Grand Avenue between 1st Street and Temple Street; and the east block face of Hope Street between 1st Street and Temple
Street).
(6)
On the Venice Boardwalk (both sides of Ocean Front Walk between Navy Street on the north and Venice Pier/Washington
Boulevard on the south).
(7)
On the sidewalks of the Westwood Village Broxton Avenue Promenade (both sides of Broxton Avenue between Le Conte
Avenue and Kinross Avenue).
(B)
In the event an area of the City which is deemed by the City Cultural Heritage Commission and the City Council to be of municipal
regional historic significance, such an area may apply to the Board for designation as an area where no newsracks shall be installed, subject to the
approval of the City Council.
(17)
Specific Plan/Streetscape Plan Areas: Specific Plan Areas, Streetscape Plan Areas, or other Special Planning Districts approved by the
Planning Department, which include a standard streetscape color, may request a uniform newsrack color other than Ivy Green, from the Board, with Council
input, and if granted, the color shall be one of the following three colors: black (RAL 9017 "Grotto Black"), blue (Benjamin Moore No. 805 "Westwood
Blue") or gray (Marine Silver 38/90010).
(18)
Severability: If any section or subsection of this ordinance is deemed to be void or unenforceable, such shall be severed from the whole and
the remaining portions of the ordinance shall remain in full force and effect.
(g)
Streets – Newsstands. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(1)
No person shall install, use or maintain any newsstand 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 street.
(2)
No person shall install, use or maintain any newsstand which in whole or in part rests upon, in or over any 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 utility purposes, public
transportation purposes or other governmental use, or when such newsstand unreasonably interferes with or impedes the flow of pedestrian or vehicular
traffic, the ingress into or the 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 said locations.
(3)
Any newsstand which in whole or in part rests upon, in or over any sidewalk or parkway, shall comply with the following standards:
(A)
No newsstand shall exceed five feet in height, seventy-five inches in width and three feet in depth, except that if erected parallel and
adjacent to the wall of a building, it shall not extend over that area of the sidewalk or parkway by more than twenty inches, shall not exceed a length
of fifty feet, or a height of eight feet. (Amended by Ord. No. 161,043, Eff. 5/3/86.)
(B)
Except for a newsstand erected adjacent to the wall of a building, no newsstand shall be placed less than twelve inches nor more than
eighteen inches from the edge of the curb.
(C)
No newsstand shall be placed or maintained on the sidewalk or parkway opposite another newsstand.
(D)
No seat, chair, rack, case, canopy, awning, overhang, or other object shall be attached to the exterior of any newsstand, nor shall any
such object when attached to any part of a newsstand be permitted to extend beyond its exterior wall.
(E)
No newsstand shall be so placed that the clear space for the passage of pedestrians upon the sidewalk and parkway is reduced to less
than six feet.
(F)
Newsstands shall be soundly constructed of wood, metal or other suitable permanent material, painted in a manner and color as
prescribed by the Board of Public Works, and maintained at all times, in a clean, neat and attractive condition and in good repair and, as to the
Central Traffic District, as defined in Section 80.00 of this Code, such newsstands shall be of design and construction approved by the Department of
Cultural Affairs. (Amended by Ord. No. 161,043, Eff. 5/3/86.)
(G)
No newsstand shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of
newspapers or new periodicals.
(H)
No newsstand shall be placed 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 street or in such manner as to impede or interfere with the reasonable use of such window for display
purposes.
(I)
No newsstand shall be utilized for the sale, or offer for sale, nor for the display for sale, of any article or item other than newspapers,
magazines, periodicals and other similar newsprint publications. (Added by Ord. No. 161,043, Eff. 5/3/86.)
(J)
Newsstands, in the Central Traffic District, as defined by Section 80.00 of this Code, shall be open and utilized for business at least six
hours a day, five days a week and the holder of the permit shall be present at the newsstand and operating it himself or herself seventy-five percent
(75%) of the time it is open, or thirty (30) hours a week, whichever is less. Waivers of such requirement may be granted by the Board of Public
Works for good cause. (Added by Ord. No. 161,043, Eff. 5/3/86.)
(4)
Every person placing or maintaining a newsstand on the streets of the City of Los Angeles shall have affixed thereto in a place readily visible to
the public a telephone number or postal box number where the owner may be reached.
(5)
(Amended by Ord. No. 161,043, Eff. 5/3/86.) No person shall install, use or maintain any newsstand which in whole or in part rests upon, in,
or over any dedicated sidewalk or parkway in the Central Traffic District, as defined by Section 80.00 of this Code, without first applying for and obtaining a
permit from the Department. The issuance of such permit shall be subject to the provisions of this subdivision.
(A)
Forms for Permit – The Department shall prescribe and make available permit application forms. The applicant shall submit to the
Department a completed form, on which the following information shall have been entered:
(i)
The name, address and telephone number of the applicant;
(ii)
The name, address and telephone number of the person whom the applicant designates to be notified concerning the applicant’s
newsstand;
(iii)
The requested location for the newsstand.
(B)
Issuance of Permit – Upon proper application, the Department may, upon the payment of the fee provided below, issue a newsstand
permit to the applicant in accordance with the provisions of this Subdivision (5). Such permit shall not be assignable nor shall more than one permit
be issued to any one person. No more than two newsstands shall be allowed on any one block. As used herein “block” shall mean one side of a street
between two consecutive intersecting streets.
(C)
The Board shall enact regulations for the selection of permittees taking into consideration the length of time a newsstand has been
operated by the applicant at a particular location, whether there has existed a business license for such newsstand, the number of violations an
applicant has incurred in the operation of his or her newsstand and such other factors the Board deems appropriate.
(D)
Validity of Permit – Permits shall be valid from the issuance date until the May 31st following such date, and may be renewed
annually thereafter. Such permits shall be issued initially for a period not to exceed one year and renewals thereof shall be for a maximum of one
year periods thereafter.
(E)
Permit Fee – There shall be a permit fee for new, and renewal, permits in the amount of twenty-five (25) dollars for each newsstand.
Whenever any permit is issued after May 31st, the amount of such fee shall be prorated on a quarterly basis. The permit fee may be increased by the
Board if so justified by an increase in the cost of regulation.
(F)
Permit Decals – The Department shall issue to each permittee a permit decal for the newsstand covered by the permit. Permittees shall
cause the decal to be affixed to the front face of the newsstand so as to be visible from the sidewalk.
(6)
Prior to the issuance of a permit by the Department, the applicant shall furnish to the Department a certificate, in a form satisfactory to the
Department and City Attorney, that the applicant has then in force public liability and property damage insurance, naming the City as an additional insured,
in an amount and type as determined by the Board, subject to reasonable availability. The evidence of insurances filed shall include a statement by the
insurance carrier that thirty (30) days notice will be given to the City Attorney before any cancellation of coverage. The City shall be named as an additional
insured on any such insurance policy. Such insurance shall be maintained throughout the permit period. (Added by Ord. No. 161,043, Eff. 5/3/86.)
(7)
Any newsstand installed, used or maintained in violation of this subsection shall be removed subject to the provisions of Subdivisions (7)
through (12) of Subsection (f) of this section. In addition any violation of this subsection shall subject the applicant and/or violator to the imposition of
criminal liability. (Added by Ord. No. 161,043, Eff. 5/3/86.)
(8)
Upon the cessation and abandonment of operations of any newsstand the person holding the permit, or if no one is presently holding a permit
the last one to hold a permit for the newsstand, shall be responsible for the removal of such newsstand. If the newsstand is not so removed the City shall so
remove it pursuant to Subsection (f) hereof and assess the most recent holder of the permit for the costs incurred. (Added by Ord. No. 161,043, Eff.
5/3/86.)
(9)
Violation of any provision of this subsection may result, after due notice and hearing, in the revocation of the permit by the Board. (Added by
Ord. No. 161,043, Eff. 5/3/86.)
(h)
Freeway On-Ramps and Off-Ramps – Sales Prohibited. Notwithstanding any other provision of this Code, no person on any street, or other public
property of whatever nature or description, shall, within fifty feet of the roadway of any freeway on-ramp or off-ramp, distribute, deliver, sell, offer for sale or solicit
the sale of any newspapers, magazines, periodicals, circulars, handbills or other printed matter or any goods, wares or merchandise regardless of type, nature, kind or
description. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(i)
The provisions of this section shall not apply to the installation and maintenance of any bench installed and maintained in accordance with Article 8 of
Chapter VI of this code, nor to the operation and maintenance of searchlights, generators and floodlights in accordance with the restrictions and requirements of
Division T of Chapter VIII of this Code. Nor shall the provisions of this section prohibit the putting of business notices, signs or emblems upon ordinary business or
carrier vehicles. Nor shall the provisions of this section apply to temporary selling activities and advertising related thereto conducted pursuant to a permit granted
under Subsection (j) hereof. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(j)
Permit for Temporary Selling Activities Board of Public Works. (Amended by Ord. No. 145,691, Eff. 5/2/74.)
(1)
The Board of Public Works may issue upon written application, made upon a form prescribed by the Board, a permit authorizing temporary
selling activities and advertising relative thereto, on sidewalks, parkways and roadways, provided that as to roadways such permit’s issuance will, in addition
to this section’s requirements, be governed by the provisions of Section 41.20 of this Code, in connection with a community civic event sponsored and
conducted by a nonprofit organization formed for charitable, educational, civic, veteran, philanthropic or other benevolent purposes, under the following
conditions: (Amended by Ord. No. 150,706, Eff. 5/13/78.)
(A)
“Community civic center” means the sponsoring and conducting by a nonprofit organization of a civic, artistic, cultural, charitable,
educational, veteran or benevolent activity of community interest. The Board shall require reasonable proof of the nonprofit status of the sponsoring
organization and a sufficient showing of community interest, which showing shall consist of furnishing the Board with names and addresses of at
least 100 persons who will support the activity, at least 50% of which either reside or work in the location specified in the application for permit
where the activity is to take place.
(B)
Each permit shall be valid for a period of three consecutive days only, two of which days shall be a Saturday or Sunday. (Amended by
Ord. No. 158,731, Eff. 2/25/84.)
(C)
Each application for a permit must be accompanied by a fee and must be presented to the Board not less than 40 nor more than 180
days before the commencing date of the proposed permit activities; provided that the Board may waive these time requirements if it determines such
waiver to be in the public interest. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37-I, 1 of the Los
Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(D)
No person or sponsoring organization shall fail to keep the permit, at all times, at the place where the selling activities are being
conducted, nor fail, upon demand therefor, to exhibit such permit to any public officer.
(E)
No selling or advertising activities shall be conducted in the roadway or within two feet of the curb of any sidewalk unless authorized by
the Board of Public works. (Amended by Ord. No. 150,706, Eff. 5/13/78.)
(F)
(Amended by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.) Nor may such selling activities take place without an Information Card,
written Notice of Intention, or professional fund-raiser’s license if the activity is such that one would be required under Article 4, Chapter 4 of the
Los Angeles Municipal Code.
(G)
The application for such permit shall contain:
1.
The name of the applicant, the sponsoring organization, the event chairman and the addresses and telephone numbers of each.
2.
The location and outside perimeter of the selling area, indicated upon a map of the area.
3.
The date and times at which the selling activities are to take place.
4.
A description of the selling activity which will be conducted.
5.
A list of all persons who will be engaging in temporary selling activities at any time during the dates and times for which a
temporary selling permit is granted. However this list may be furnished after the application has been submitted, so long as it is not furnished
later than one week before the event is to take place.
6.
(2)
An agreement to comply with the terms of the permit.
Sponsoring organizations may be granted a temporary selling permit if the organization meets the following requirements:
(A)
That the title of any real property in the City of Los Angeles owned by such organization is vested in the name of such organization, if it
be a corporation, or else in the name or names of a responsible trustee or trustees under a declaration of trust or other written instrument setting forth
the rights of said organization therein; and recorded in the records of the County Recorder of Los Angeles County.
(B)
That the declared purposes for which such organization is organized are charitable, educational, civic, community service, veteran,
benevolent or other philanthropic purposes, and not for the pecuniary profit of the members of the organization thereof or any of them.
(C)
That for three months prior to its application for a temporary selling permit said organization has faithfully complied with the following
provisions with reference to its accounts, namely: All funds received by it, and all disbursements made by it, have been entered upon the books of its
treasurer or other financial officer, receipts have been given or tendered for all money or other property donated to it, whenever required by law or
ordinance; all expenditures other than petty cash to a reasonable amount have been made by checks signed by at least two officers of such
organization; that the bank book of such organization has been balanced and reconciled with the books of account at reasonable intervals.
(D)
That no monies of said organization are on loan directly or indirectly to any officer, director, trustee, employee or member thereof, and
that the organization has not invested any monies constituting part of its permanent endowment funds except in securities legal as investments for
savings banks within the State of California, and has not diverted funds donated to it from an source to purposes other than those for which they were
donated. (Amended by Ord. No. 156,941, Eff. 8/20/82.)
(E)
That the work for which such organization has been formed has been faithfully performed.
(F)
That the bylaws and other written rules and regulations of such organization define the powers and duties of the officers of such
organization, and that a copy of the Articles of Incorporation, if it be a corporation, and a copy of the bylaws and other written rules and regulations
of such organization have been filed with the Department of Public works.
(G)
(3)
That within one year prior to its application such organization has not violated any law or ordinance applicable to it.
The Board shall cause such application to be investigated and shall grant the permit if it determines: that the proposed activities will not disrupt
to an unreasonable extent the movement of vehicular or pedestrian traffic or create a hazard to the public; that the proposed activities are not of a size or
nature that require the diversion of so great a number of police personnel to regulate such activities that it prevents reasonable police protection for the City
or for the councilmanic district where the temporary selling activity is to take place; that the concentration of persons, equipment and materials is not so
great in the selling area that it would prevent proper fire, police and ambulance protection; that the applicant agrees to be responsible for cleanup necessitated
by the proposed activities and the Board may, in its discretion, require a cleanup deposit to guarantee that cleanup takes place. (Amended by Ord. No.
160,175, Eff. 8/24/85.)
(4)
The Board shall further condition the granting of such permit upon the permit applicant filing with the Board a policy of public liability
insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its officers and
employees against all claims arising out of or in connection with the issuance of the permit or the operation of the permittee, his agents or representatives
pursuant to the permit. The policy of insurance shall provide coverage no less than $100,000 per occurrence of bodily injury and $25,000 per occurrence of
property damage.
(5)
The Board shall adopt uniform rules and regulations so as to carry out the purposes of this subsection and shall condition the granting of
permits upon compliance therewith and also with such other conditions as the Board may deem necessary to impose for the proper protection of persons and
property.
(k)
The provisions of this section shall not prohibit sales that are otherwise permitted under the terms of Section 80.73 of this Code. (Amended by Ord.
No. 150,561, Eff. 3/19/78.)
(l)
Permit for Flower Vending Booths. (Added by Ord. No. 159,008, Eff. 7/1/84.)
(1)
The provisions of this section shall not apply to the sale of flowers from a flower vending booth operated pursuant to a permit granted by the
Board of Public Works.
(2)
The Board may issue a revocable permit for the installation and operation of a flower vending booth on a sidewalk pursuant to the one year
pilot flower vending booth demonstration program authorized by the City Council in the downtown area.
(3)
(m)
The issuance of any such permit does not preclude the requirements of any other permits or approval for any such installation.
Establishment and Regulation of Special Sidewalk Vending Districts. (Added by Ord. No. 169,319, Eff. 2/18/94.)
(1)
The Board of Public Works, hereinafter referred to as “Board,” is authorized to form special sidewalk vending districts for the purpose of
permitting vending of goods, wares and merchandise and announcing the availability thereof within such districts, and to promulgate rules and regulations
with respect to the formation of such districts. The term “district” whenever used in this subdivision shall mean “special sidewalk vending district.” No
more than eight districts shall be approved by the Board during the first two years following the effective date of this ordinance. Each district shall have a designated police liaison appointed by the Chief of Police. Before any proposed vending districts are established, the City Council shall adopt a humane and
comprehensive enforcement policy regarding sidewalk vending both inside and outside the proposed districts.
(2)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) A petition may be filed with the Sidewalk Vending Administrator of the Community
Development Department, hereinafter referred to as “Sidewalk Vending Administrator,” by any person or persons, hereinafter referred to as “applicant,”
interested in the formation of a special sidewalk vending district. The Sidewalk Vending Administrator shall coordinate with the Board regarding the filing
and processing of said application. The petition shall be subject to the following conditions and requirements:
(A)
The applicant shall pay to the Sidewalk Vending Administrator a non refundable application fee to establish a district. However, such
fee shall not be paid until after the City Council has approved the formation of the district pursuant to Subdivision (6) of this subsection. No license
application in respect to said district shall be approved until the fee has been paid. Said fee shall be determined and adopted in the same manner as
provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing fees.
(B)
The petition shall contain the name or names of the applicant(s) and names and signatures together with residence or business addresses
within the district of persons endorsing the formation of the district. The endorsing list must consist of the owners or those in possession, such as
tenants or lessees, of at least 20 percent of the businesses and 20 percent of the residents in each block or portion thereof to be included in the district.
(C)
(D)
The petition shall set forth:
1.
The proposed boundaries of the district, which shall only be in commercially zoned areas of the City;
2.
The location and number of vending sites sought to be approved;
3.
Any rules or regulations deemed necessary or desirable by the petitioners to organize vending activity within the district; and
4.
The purpose for establishing the district.
The petition shall be accompanied by a list provided by the Sidewalk Vending Administrator of the names and addresses of all property
owners, businesses and residents within the district and within a 500-foot radius of the boundaries of the district, together with a cash deposit
sufficient to cover the costs of preparing such a list and of mailing and publishing notifications as provided below.
(E)
district.
The district shall not be limited to any particular size and the proposed density of vending sites may vary from area-to-area within the
(3)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) Upon receipt of said petition, the Sidewalk Vending Administrator shall notify the Council
member or Council members in whose district or districts the special sidewalk vending district is proposed to be located, at which time the Council member
or Council members shall appoint a Community Advisory Committee. The Community Advisory Committee must contain a Street Use Inspector, a Police
Officer and the Sidewalk Vending Administrator. The committee shall have balanced representation of proponents of the district, fixed businesses, and
residents within or adjacent to the proposed districts, as well as a representative of the Council office or offices. The committee will make recommendations
on boundaries of the district, density and location of vendors, goods sold, design of carts and hours of operation. There shall be a limit of 90 days between
filing this petition and a final decision by the Board.
(4)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) After reviewing the petition for compliance with the provisions of this Code, the Sidewalk
Vending Administrator shall transmit said petition to the Board which shall set the matter for public hearing in coordination with the Sidewalk Vending
Administrator within 30 days after receipt thereof. Notice of the time, place and purpose of the public hearing shall be given by the Sidewalk Vending
Administrator to each applicant by mailing a written notice of the hearing not less than 30 days prior to the date of such hearing. The Sidewalk Vending
Administrator shall at the same time mail such notice to all property owners, businesses and residents within the proposed district and within a 500-foot
radius of the boundaries of the district. The Sidewalk Vending Administrator shall further cause there to be published a notice of such public hearing in a
newspaper of general circulation in the area wherein the sidewalk vending district is proposed to be established. The notice shall be published in both
English and in any other language spoken as their primary language by a substantial number of the persons residing in the proposed district. The notice shall
be published as provided for in Section 6064 of the Government Code of the State of California, and shall state the purpose of the proposed district, the
boundaries thereof and the date, time and place of the public hearing.
(5)
Any interested person may appear at such hearing and comment with respect to the proposed vending district. Comments may also be
submitted in writing prior to the date of such hearing. The Board shall also consider recommendations of merchant associations, chambers of commerce, the
Los Angeles Police Department and various other affected City departments.
(6)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The Sidewalk Vending Administrator shall refer the matter to the Council member or Council
members in whose district or districts the special vending district is proposed to be located for review and recommendation, together with a summary of
comments made at the hearing. Based upon the foregoing comments, recommendations of the Community Advisory Committee and Council member
recommendations, the Board may make a finding that the public welfare would be served by the establishment of such a district. In so doing, the Board may
for good cause alter the proposed district boundaries and the number, location and density of proposed vending sites. The Board shall transmit to the City
Council its finding and the reasons therefor together with its recommendation that the district be established in the manner proposed in the petition or as
modified by the Board. The City Council may approve, modify or disapprove the recommendation of the Board. The district shall be established upon
approval, or approval as modified, of the Board’s recommendation. For good cause, after due consideration of all comments and recommendations
presented, the Board may make a finding that the public welfare would not be served by the establishment of the district. The Board’s finding may be based
on factors such as incompatibility of vending pushcarts with area architectural style, conflict with the area’s specific plan, the presence of pushcarts as an
impediment to the use of on-street parking locations in areas where an unusually heavy demand for such parking exists, or the presence of zoning restrictions
prohibiting such vending activities on private property in the area. The Board shall transmit to the City Council its finding and the reasons therefor together
with its recommendation that the district not be established. The City Council may approve or disapprove the recommendation of the Board. If disapproved,
such disapproval shall establish the district and the Board shall be so informed, provided, however, that either the City Council, or the Board with approval
of the Council, may modify district boundaries and number, location and density of proposed vending sites, as set forth in the petition.
(7)
Upon petition of an interested party, a special district may be disestablished, or areas withdrawn therefrom, for good cause. Each such petition
shall contain the signatures of at least 20 percent of the owners or persons in possession, such as tenants or lessees, of businesses in each block or portion
thereof of the district or part thereof proposed to be withdrawn, and at least 20 percent of the residents of each such block or portion thereof. Each such
petition shall comply with the requirements of Section 42.00(m)(2)(D). The Board shall hold a hearing into the matter preceded by notice as provided for in
Subdivision (4) above. In the event the Board makes a finding that the public welfare would be served by disestablishment of the district or by withdrawal of
an area, the Board shall transmit to the City Council its finding and the reasons therefor, together with its recommendation that district be disestablished or
an area be withdrawn therefrom. The City Council may approve or disapprove the Board’s recommendation. Approval disestablishes the district or
withdraws the subject area therefrom.
(8)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The Sidewalk Vending Administrator shall review all rules and regulations proposed by
petitioners, the Community Advisory Committee of the particular vending district, and any other interested parties provided that the Community Advisory
Committee has had an opportunity to review them and transmit all such rules and regulations to the Board, together with his or her recommendations
regarding adoption. The Board shall adopt all such rules and regulations for the district unless good cause exists for non-adoption. In addition, the Board,
for good cause, may adopt such other rules and regulations for the district as would promote the public health, welfare and safety. Rules and regulations,
when adopted, shall be binding upon all affected persons within the district.
(9)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) No permit shall be issued, however, until a contract has been executed between the City,
through the Community Development Department, and any organization selected to manage the special sidewalk vending district, referred to hereinafter as
“management organization”, as provided for in Los Angeles Administrative Code Section 22.361.
(10)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The Community Development Department, through the Sidewalk Vending Administrator,
shall determine the allocation of vending permits within the district, whether by lottery or otherwise, in a manner consistent with public health, safety and
welfare. However, the Sidewalk Vending Administrator may by contract delegate that function to any organization selected to manage the district subject to
the supervision of the Sidewalk Vending Administrator and approval by the Community Development Department as to method of allocation to assure that
vending permits are allocated in a fair and impartial manner.
(11)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The Community Development Department, through the Sidewalk Vending Administrator,
shall issue all sidewalk vending permits and collect all fees and charges in connection therewith. Any person desiring to be issued a permit for sidewalk
vending within a district may make application to the Sidewalk Vending Administrator on forms provided. The application shall set forth the following
information:
(A)
The name, address and telephone number of the applicant;
(B)
The exact location at which the vending is proposed to be conducted;
(C)
A complete list of what is proposed to be sold;
(D)
The hours per day and days per week during which sidewalk vending will be conducted; and
(E)
Any other information required by the Community Development Department.
(12)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) No permit or renewal permit shall be issued unless the applicant has complied with all of the
following requirements:
(A)
If any food or drink item is proposed to be sold, the applicant has obtained approval from the County Department of Health Services to
engage in the vending of the item in the manner proposed;
(B)
(Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.) All other necessary City, County and State licenses and permits have
been obtained, including a Business Tax Registration Certificate from the Office of Finance.
(C)
(Amended by Ord. No. 173,363, Eff. 7 /29/00, Oper. 7/1/00.) The applicant has filed with the Community Development Department a
policy of public liability and property damage insurance, in a form satisfactory to it and to the City Attorney, in which the City is named as a coinsured with the applicant. The policy of insurance shall so insure the City and its officers and employees against all claims arising out of or in
connection with the issuance of the permit or the operation of the permittee. The policy of insurance shall be in an amount and type as determined by
the Community Development Department in consultation with the Director of the Office of Administrative and Research Services, subject to
reasonable availability. The Community Development Department, in consultation with the Director of the Office of Administrative and Research
Services, may waive the requirement of insurance if none is reasonably available. In lieu of individual policies of insurance, the Community
Development Department may cause to be secured a general or blanket policy of insurance covering all applicants and thereafter determine the pro
rata cost to each applicant, which shall be collected before approval of the application. Any policy of insurance shall contain a statement by the
insurance carrier that thirty (30) days’ notice will be given to the City Attorney before any cancellation of coverage. Insurance shall be maintained
throughout the permit period. The Community Development Department may for good cause increase the amount of required insurance.
(D)
The applicant shows proof of ownership, lease or rental of a pushcart constructed for the purpose of vending goods, wares or
merchandise according to the requirements and specifications of the Community Development Department.
(E)
Approval in writing has been obtained from the owner, tenant or person in lawful possession or control of the property abutting upon the
street immediately adjacent to the location where the vending is proposed to be conducted. Such approval may be secured by the management
organization.
(F)
The applicant has provided the City with two passport size photos of the applicant.
(G)
The applicant has presented adequate identification of himself or herself. Adequate identification shall include, but not be limited to, a
California driver’s license or a California Department of Motor Vehicles identification card.
(H)
The applicant is old enough under State law to engage in the vending activity.
(I)
The applicant has submitted to fingerprinting, in connection with which applicant shall pay a fingerprint process fee. Such fee shall be
determined and adopted in the same manner as is provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing fees.
(13)
No permit shall be issued to any applicant who has been convicted of any crime relating to fraudulent business practices, the receipt or sale of
stolen property or the illegal sale of any controlled substance under the provisions of the California Controlled Substances Act within five (5) years prior to
the date of application for permit.
(14)
The applicant may designate up to two co-applicants who are authorized by the applicant to vend at the location for which the applicant’s
permit is issued in his or her temporary absence due to circumstances such as illness, injury or vacation. However, there must be provided the name, address
and phone number of each co-applicant and two passport size photos of each co-applicant must be submitted. Each co-applicant must present adequate
identification of himself or herself in the same manner as required for the applicant, and must be old enough under State law to engage in vending activity. Each co-applicant shall submit to fingerprinting and shall be subject to provisions of Subdivision 12 with respect to approval as a co-applicant and the
provisions of Subdivision (22) with respect to operating requirements. Those approved shall be designated co-permittees and shall pay an application fee
for the issuance of a co-permit. Such fee shall be determined and adopted in the same manner as is provided in Section 12.37-I,1 of the Los Angeles
Municipal Code for establishing fees.
(15)
A permit shall be issued only to a natural person and only for the days or hours of the day indicated on the application as days and hours of
operation. Such permit shall not be transferable to any other person and shall be valid only for the location for which it is issued.
(16)
Only one permit shall be issued to each permittee.
(17)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) A non-refundable annual permit fee shall be paid before issuance of any permit provided,
however, that the applicant may elect to pay said fee in semi-annual installments. Such election shall be stated in writing and installments shall be paid as
directed by the Sidewalk Vending Administrator. If such election is made, a payment of one-half the annual permit fee shall be required before issuance of a
permit. Permits shall be valid for one year from the date of issuance. If any installment fee is not paid on or before the date provided by the Sidewalk
Vending Administrator for payment, a letter shall be sent to the permittee advising that such fee is due within 30 days of the date of such letter or the permit
shall terminate. If the fee is not paid within the 30-day period, the permit shall terminate and the former permittee shall cease from vending. The permit
may be reinstated upon payment of the fee. At the time of making any payment as provided for above, the applicant or permittee shall pay a supplemental
fee which is a pro-rated amount determined by the Community Development Department as sufficient to cover the cost to the City of entering into a contract
for management of the district. Supplemental fees collected shall be placed in a special fund established for such purpose. In addition fees will be charged
for the following:
Replacement of existing permit in the event of loss, name change or change of company;
Replacement of existing permit decal; and
Replacement of any vending identification badge.
Fees herein shall be determined and adopted in the same manner as provided in Section 12.37-I,1 of the Los Angeles Municipal Code for establishing
fees.
(18)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) In the event an application for permit is denied, the applicant shall be so notified within 60
days, which notification shall also state the reason for denial and that the applicant has 45 days from the date of notice within which to request
reconsideration of the denial.
(19)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) Any permit issued shall be subject to the right of the Community Development Department to
rescind issuance thereof in response to a request for reconsideration of its action in issuing the permit.
(20)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) Either the applicant or any other person affected by the issuance of a vending permit may
request reconsideration by the Community Development Department of its decision to grant or deny an application for permit. Such request must be in
writing and must be received by the Sidewalk Vending Administrator within the 45 days from the date of issuance of the permit or notification of denial. Upon receipt of such request the Sidewalk Vending Administrator shall set a hearing date no less than 30 days from the date of the receipt of the request. The Sidewalk Vending Administrator shall notify the requestor and, if the requestor is not the applicant, the applicant, of the hearing date. The Community
Development Department shall rescind issuance of the permit if at the hearing it is demonstrated to its satisfaction that the issuance thereof was contrary to
the provisions of this subdivision or to applicable rules and regulations. The Community Development Department may direct the Sidewalk Vending
Administrator to issue a permit if it is shown to the satisfaction of the Department that it was in error in denying the permit.
(21)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The permittee may amend his or her application with respect to the goods, wares and
merchandise proposed to be sold and the hours during which vending is to occur by written notification thereof to and approval by the Sidewalk Vending
Administrator, and the owner, tenant, or person in lawful control of the property immediately adjacent to the vending site.
(22)
Operating Requirements. (Amended by Ord. No. 171,913, Eff. 3/15/98.)
(A)
Vending shall be conducted only from pushcarts constructed for that purpose according to the requirements and specifications of the
Community Development Department. Such pushcarts shall have a length of no greater than six feet and a width of no greater than 3 feet, 6 inches,
and shall be no more than 6 feet, 6 inches in Height, including roof or awning. A decal so certifying shall be attached to each pushcart approved for
use.
(B)
All of the permittee’s advertising must be attached to the pushcart and shall advertise only the goods, wares or merchandise being sold. Advertising signs shall not extend beyond the overall width or height of the pushcart.
(C)
The permittee shall not conduct any portion of its vending business outside the boundaries of its vending location as described in the
permit.
(D)
One small, compact stool or chair may be utilized by the permittee. The stool or chair shall be placed within four feet of the pushcart
and shall not block the safe passage of pedestrians. No advertising shall be placed on the stool or chair. Other than the pushcart and stool or chair,
no other items or object of any kind shall be placed on the public sidewalk or parkway.
(E)
No vending shall be conducted on the roadway portion of any street.
(F)
The permittee shall provide a trash receptacle for the use of customers and shall pick up and dispose of any trash or litter left by
customers before leaving the vending location. Full receptacles shall be immediately emptied by the permittee.
(G)
(H)
vending.
(I)
The City vending permit shall be visibly displayed at all times while the permittee is engaged in vending activity.
The permittee shall wear a vendor identification badge issued by the Sidewalk Vending Administrator at all times while engaged in
Pushcarts shall be positioned no less than 18 inches from the curb.
(J)
No permittee shall knowingly allow, permit or authorize another person to vend from permittee’s pushcart or at permittee’s assigned
location, other than designated co-permittees of that particular vendor.
(K)
No pushcart shall be chained or fastened to any pole, sign, tree or other object in the public way.
(23)
(Amended by Ord. No. 171,913, Eff. 3/15/98.) The Sidewalk Vending Administrator may from time to time recommend rules and
regulations to the Board. The Board may adopt such rules and regulations as it deems necessary to implement the provisions of this subsection.
(24)
Revocation, Suspension or Non-renewal. (Amended by Ord. No. 171,913, Eff. 3/15/98.)
(A)
After notice and hearing in accordance with Section 22.02 of the Municipal Code, the Community Development Department may
revoke or suspend any permit issued pursuant to this subsection or decline to renew any such permit, if the permittee has:
1.
Knowingly made any false, misleading or fraudulent statement of material fact in its application for a permit;
2.
Been convicted of any criminal act in connection with the operation of the permitted activity, or any of the crimes set forth in
Subdivision (13) of this subsection;
3.
Violated any of the operating requirements set forth in Subdivision (22) of this subsection;
4.
Violated any rule or regulation promulgated by the Board with respect to this subdivision;
5.
Failed to comply with any order by the department to cease and desist from any violation; or
6.
In any other way endangered the public health, safety or welfare in the conducting of its sidewalk vending activities.
(B)
A permittee who has had his or her permit revoked or whose application for renewal has been declined shall not be eligible to apply for
another permit under this subdivision until 12 months after the date of revocation or renewal declination.
(C)
Any action revoking or suspending a license may be appealed to the Board within 60 days of the action of suspension or revocation. The Board shall hear and make a determination on the appeal.
(25)
Enforcement and Penalties.
(A)
Within each district the provisions of this Subsection (m) shall be enforced by the Street Use Inspection Division of the Bureau of Street
Maintenance of the Department of Public Works.
(B)
The Department may issue an order to immediately cease and desist from any violation of this Subsection (m) or any rule or regulation
of the Board.
(C)
It shall be a violation of law to fail to comply with any of the provisions of Subdivision (22) of this Subsection (m). The first, second
and third violations of Subdivision (22) of Subsection (m) shall each be infractions. The commission of a fourth violation of any of the provisions of
Subdivision (22) of Subsection (m) within a two-year period after the commission of the first violation shall be a misdemeanor.
(D)
It shall be illegal for any person to display any imitation or facsimile of a vending permit, vendor identification badge or decal which
has not been issued by the Department.
SEC. 42.00.1. SALES FROM ICE CREAM TRUCKS.
(a)
Definitions.
"Ice cream truck" shall mean a motor vehicle engaged in the curbside vending or sale of frozen refrigerated desserts, confections or novelties
commonly known as ice cream, prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for sale to children under 12 years of age.
"Dispense or dispensing" shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.
"School" shall mean any elementary school, middle school, junior high school, four-year high school, senior high school, continuation high school, or
any branch thereof.
"Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys
and sidewalks.
(b)
Sales from Ice Cream Truck. No person shall dispense any item, other than food, from an ice cream truck on a street.
(c)
Hours of Sales. No person shall dispense any item, including food, from an ice cream truck on a street during the following hours: From 8:30 p.m. to
7:30 a.m. during the months of April through October and from 5:30 p.m. to 7:30 a.m. during the months of November through March.
(d)
Sales near Schools. No person shall dispense any item, at any time, including food, from an ice cream truck parked or stopped within 500 feet of the
property line of a school between 7:30 a.m. and 4:00 p.m. on regular school days.
(e)
Minors in Vehicle. No person shall permit a person under sixteen (16) years of age to ride in or on an ice cream truck unless the person in control of
the ice cream truck is the parent or guardian of the minor.
(f)
Penalties. A violation of any of the provisions of this section is a misdemeanor. Violations set forth in this section are cumulative to, and in addition
to, any other violations of state or local law. For a second or subsequent violation of subsection (b), the court shall, in addition to any other penalties, order that the
ice cream truck involved in the second or subsequent violation be impounded for 30 days if at the time of the second or subsequent violation, the vehicle was
registered to the violator.
SEC. 42.01. STREET – SIDEWALK – PEDESTRIANS BUILDING SETBACK.
No person, except as otherwise provided in Section 42.00, shall use any area in front of any building occupied by a sidewalk or used or intended for use for
sidewalk purposes and extending eighteen (18) feet back of the curb line for any purpose other than for the free and unobstructed passage of pedestrians thereon
within the Central Traffic District as said district is described in Ordinance No. 50,515, adopted December 19, 1924, or Chapter 8 of this Code.
The use of any such sidewalk or area other than for the free and unobstructed passage of pedestrians thereon shall constitute a public nuisance.
SEC. 42.02. STREET – SIDEWALK – ADJACENT PROPERTY – SOLICITING TRADE.
(a)
It shall be unlawful for any person in or on any street, sidewalk, or other public way to importune, or solicit any other person, by word of mouth,
gesture, or otherwise, to enter a place where goods, wares, or merchandise is sold, or where for a price or a donation, services are offered, or any exhibition, motion
picture, play or performance is shown.
(b)
It shall be unlawful for anyone who is visible or audible to any person on any street, sidewalk, or other public way, in a loud, boisterous, raucous,
offensive or insulting manner to importune or solicit any other person to enter a place where goods, wares, or merchandise is sold, or where for a price or donation,
services are offered, or any exhibition, motion picture, play or performance is shown.
Insofar as 42.02 prohibits the solicitation of sales of goods by merchants by the use of entrances, doorways or hallways abutting on public ways, it cannot be sustained as a valid exercise
of police power as applied to merchants who solicit business in a quiet, dignified and peaceful manner, without pressure or undue influence, and who make no sales except inside their store.
The ordinance violates California Constitution, Article I, Section 1 and 13, and the Constitution of the United States, Fourteenth Amendment, and violates the constitutional guaranty of free
speech.
McKay Jewelers v. Bowron, 19 Cal. 2d 595, 599, 600.
A legislative body may not, under the guise of the police power, impose unnecessary and unreasonable restrictions on the use of private property or the pursuit of useful activities.
McKay Jewelers v. Bowron, Supra.
SEC. 42.03. SELLING OF TICKETS OF ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES OPEN TO
THE PUBLIC PROHIBITED – EXCEPTIONS.
(a)
Except as otherwise provided in this section, no person in or upon any public street, sidewalk, park or other public place shall sell or re-sell or offer to
sell or re-sell any ticket of admission to a place of public assemblage
(b)
Except as otherwise provided in this section, no person in or upon any place which is open to the public shall sell or re-sell or offer to sell or re-sell
any ticket of admission to a place of public assemblage.
(c)
The provisions of Subsections (a) and (b) of this section shall not include or apply to the sale of such tickets at or from any ticket office, booth or other
similar place regularly and permanently established and maintained therefor with the express permission and authorization of the person or governmental agency in
charge, care or control of the property which such office, booth or place is located.
(d)
For purposes of this section the following words and phrases are defined as follows:
(1)
“Place of Public Assemblage” shall mean every place of public amusement or entertainment, stadium, auditorium, theatre, athletic field,
concert hall or arena which is open to the public upon compliance with requirements of admission thereto.
(2)
“Place Open to the Public” shall mean every place of public amusement or entertainment, stadium, auditorium, theatre, athletic field, concert
hall or arena and the property upon which such place is located or any other property contiguous thereto which is under the same care, management or
control.
SEC. 42.04. STREET – SIDEWALK – SOLICITING PATRONAGE.
No person shall solicit patronage for any hotel, lodging house, apartment house, restaurant or cafe in or upon any street or sidewalk in front of any established
place of business other than his own.
SEC. 42.05. STREET – SIDEWALK – SOLICITING PATRONAGE TRANSPORTATION.
No person shall solicit custom or patronage for any vehicle used or intended for use in the conveyance or transportation of persons, property, goods, wares, or
merchandise, or for an place where meals and board or lodging are furnished for a consideration, or for any railway trip or boat trip upon any street or sidewalk
within the district bounded and described as follows:
First Street from Central Avenue to Olive Street; Olive Street from First Street to Seventh Street; Seventh Street from Olive Street to Grand Avenue;
Grand Avenue from Seventh Street to Pico Street; Pico Street from Grand Avenue to Los Angeles Street; Los Angeles Street from Pico Street to Sixth
Street; Sixth Street from Los Angeles Street to Central Avenue; Central Avenue from Sixth Street to First Street.
SEC. 42.06. RAILROAD – STAGE DEPOT – SOLICITING PATRONAGE.
(a)
grounds.
No person shall solicit custom or patronage for any purpose for or on behalf of himself or any other person in any railroad or automobile stage depot or
(b)
premises.
No person shall stand or park any vehicle owned, operated or under the control of said person in any railroad or automobile stage depot, grounds or
(c)
The provisions of this section shall not apply to any person who, with the written consent of the owner, lessee or managing agent of said railroad or
automobile stage depot, park or stand any vehicle used or intended for use in transporting persons or property to or from such depot, grounds or premises; nor to
persons maintaining booths for the information, accommodation or convenience of the traveling public with the written consent of the owner, lessee or managing
agent of such railroad or automobile stage depot.
The provisions of this subsection shall not be regarded as soliciting within the meaning of this section.
An ordinance which prohibits solicitation of patronage for transportation in or about a depot without consent of the owner does not constitute unlawful discrimination between persons
who have and others who have not such consent, and is valid.
In re Stratham, 45 C. A. 436.
SEC. 42.07. COMMON CARRIER – SOLICITING PATRONAGE ON.
No person shall solicit custom or patronage for any purpose for or on behalf of himself or any other person upon any railroad train or car, boat or other vehicle
operated as a common carrier for passengers without the written consent so to do from the owner, lessee or managing agent of such railroad train or car, boat or
other vehicle.
SEC. 42.08. STREET – SIDEWALK – SOLICITING PATRONAGE PROHIBITED IN AREA.
No person shall solicit custom or patronage for or on behalf of himself or any other person in or upon any portion of those streets and sidewalks described as
follows;
(a)
Alameda Street, between Macy Street and Aliso Street;
(b)
Aliso Street, between Vignes Street and Alameda Street;
(c)
Macy Street, between Vignes Street and Alameda Street;
(d)
Inglewood-Redondo Road, between Highway and Century Blvd;
(e)
Century Blvd between Inglewood-Redondo Road and Sepulveda Blvd.;
(f)
Sepulveda Blvd between Century Blvd and Imperial Highway;
(g)
Imperial Highway, between Sepulveda Blvd and Inglewood-Redondo Road.
SEC. 42.09. SOLICITING PATRONAGE – MANNER OF.
No person shall solicit custom or patronage upon any street or sidewalk in a loud, noisy or boisterous tone of voice or manner, or cry out or lay hands upon the
person or baggage of any person without the express consent of such person, or obstruct the movement of any person or follow any person for the purpose of
soliciting custom or patronage.
SEC. 42.10. SOLICITORS OF PATRONAGE – INTERFERENCE WITH.
No runner, agent, solicitor, driver, operator or motorman of any vehicle for hire upon any street or sidewalk shall shuffle or crowd about or interfere with any
runner, agent, solicitor, driver, operator or motorman with whom any person is negotiating or inquiring about the transportation of persons or baggage.
SEC. 42.11. HOTEL – LOITERING.
No person shall linger, loiter, sit, stand or otherwise use for business or social purposes any public room in any hotel in violation of the expressed wish of the
owner or manager of the hotel.
SEC. 42.11.1. DEPOTS – STATIONS – AIRPORTS – LOITERING ABOUT PROHIBITED.
It shall be unlawful for any person to loaf or loiter in any waiting room, lobby, or other portion of any railway station, electric railway station, airport or bus
depot or upon the grounds of any common carrier adjacent thereto, provided, however, that nothing in this section will be deemed to prohibit any person occupying
such station, airport or depot or grounds adjacent thereto, for the bonafide purpose of meeting relatives or acquaintances arriving upon any conveyance entering such
place, or from accompanying or meeting relatives or acquaintances who are departing from such station, airport or depot upon any public conveyance operation
therefrom, and, provided further, that nothing in this section shall be deemed to apply to any part of said station, airport or depot or grounds let for use as a
restaurant or occupied by any other business not that of a common carrier.
SEC. 42.12. ALMS – SOLICITING IN BUILDINGS.
No person shall seek, beg, solicit custom, patronage, alms or donations for himself or on behalf of any person, or distribute any handbills or advertising matter
upon the premises or grounds of any hotel, apartment house, bungalow court, office building or loft building without first having secured the written consent so to
do from the owner, lessee, managing agent or person having charge of the operation thereof.
SEC. 42.13. PEDDLERS – VENDERS – HOURS.
Notwithstanding the provisions of Chapter 8 of this Code, no person shall peddle fruits or vegetables in or upon any street or sidewalk other than between the
hours of 8 o’clock A.M. and 8 o’clock P.M.
SEC. 42.14. SOLICITING – USE OF CITY NAME.
No person shall use the name of any department or officer of the City in the solicitation of funds for any private business or in the sale or offer for sale of
advertising space or matter in any newspaper, magazine, book, periodical, pamphlet or any publication of any kind or character, or state to any other person from
whom funds are being so solicited to whom such offer to sell or sale is made or to be made, either orally, in writing, or in printed matter, that such solicitation of
such advertising medium bears the endorsement or approval of any department or officer of the City.
SEC. 42.14.1. SOLICITING ON CITY PROPERTY.
No person shall seek beg or solicit custom, patronage, sales, alms or donations for himself or on behalf of any person in any manner or for any purpose in any
building or in or on any property or premises under the control of this City without the written permission of the head of the department having jurisdiction over the
building or grounds where such solicitation is to be made. Where solicitation is to be made of employees of a department within the offices and spaces in public
buildings assigned to that department, such solicitation is prohibited unless permission is obtained from the head of the department.
SEC. 42.15. VENDING AND EXCESSIVE NOISE ON BEACHES PROHIBITED.
A.
Definitions. For purposes of this Section, the following words or phrases shall have the following meanings:
1.
Board. The Board of Recreation and Park Commissioners of the City of Los Angeles.
2.
Boardwalk. The Boardwalk is the manmade promenade that runs parallel to the beach and is designated or referred to as "Ocean Front Walk" or
just the "Boardwalk". The Boardwalk runs from the City of Santa Monica on the north to the City of El Segundo on the south. A map depicting the
Boardwalk is available for inspection and copying at the Police Substation or at the Recreation Office.
3.
City. The City of Los Angeles, a municipal corporation.
4.
Designated Space or Designated Spaces. A Designated Space or Designated Spaces are the 205 areas on the Boardwalk designated by the City
and located between Navy Street on the north and 17th Avenue on the south. A map depicting the Designated Spaces is available for inspection and copying
at the Police Substation or at the Recreation Office.
5.
Department. The Department of Recreation and Parks of the City of Los Angeles.
6.
Donation. A gift; a voluntary act which is not required and does not require anything in return.
7.
Food. Any type of edible substance or beverage.
8.
Goods or Merchandise. Any items that are not food.
9.
Handcrafts. Objects made either by hand or with the help of devices used to shape or produce the objects through such methods as weaving,
carving, stitching, sewing, lacing, and beading including objects such as jewelry, pottery, silver work, leather goods, and trinkets. Most Handcrafts have more
than nominal utility apart from any communicative value they possess. Most commonly, Handcrafts do not communicate a message, idea, or concept to
others, are often mass produced or produced with limited variation. Handcrafts do not include visual arts.
10.
Pagodas. The shade structures and seating, plus the area within a ten foot radius around each of the shade structures and seating, located on the
Boardwalk at Clubhouse Avenue, Breeze Avenue, Park Avenue, Sunset Avenue and Dudley Avenue. A map depicting the Pagodas is available for
inspection and copying at the Police Substation or at the Recreation Office.
11.
Perform, Performing, Performance or Performances. To engage in any of the following activities on public property: playing musical
instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, presenting or
enacting a play, work of music, work of art, physical or mental feat, or other constitutionally protected entertainment or form of expression. The terms
Perform, Performing, Performance or Performances shall not include:
(a)
The application of substances to others' skin, including but not limited to, paints, dyes and inks;
(b)
The provision of personal services such as massage or hair weaving, cutting or styling;
(c)
the completion or other partial creation of visual art;
(d)
the creation of visual art which is mass produced or produced with limited variation; or (e)
the creation of Handcrafts.
12.
Performer. A Performer is a Person who Performs. Performer includes the employers, employees, and agents of a Performer. Indicia of being a
performer include, but are not limited to, setting up performance equipment, staging or orienting the performance towards the public, performing in the same
location for an extended period of time, performing in the public over multiple days, seeking voluntary contributions through passing around a hat or leaving
open an instrument case or other receptacle, and soliciting donations after a performance.
13.
Person or Persons. One or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint
stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant,
officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
14.
Police Substation. The Police Substation is the Los Angeles Police Department office building located at 17th Avenue and Ocean Front Walk.
15.
Program Rules. Rules adopted by the Board pursuant to its Charter authority and made applicable to use of the public space on and adjacent to
the Boardwalk. The Program Rules will be adopted at a duly noticed public hearing at which the public is provided an opportunity to comment, as required
by the Ralph M. Brown Act, at least ten (10) days prior to implementation. The Program Rules, as may be amended from time-to-time by the Board, shall
be available for inspection and copying at the Police Substation or at the Recreation Office.
16.
Pushcart. Any mobile device that holds Food or Goods or Merchandise, as defined in this Subsection, and is used to vend.
17.
Recreation Area. The area between Horizon and 20th Avenues that includes the Boardwalk, grassy areas, the Police Substation, which is colocated with an office of the City's Department of Recreation and Parks, Muscle Beach, paddle tennis courts, skate park, skate plaza and other recreational
facilities. This does not include the area west of the Boardwalk immediately adjacent to this area. A map of the Recreation Area is available for inspection
and copying at the Police Substation or at the Recreation Office.
18.
Recreation Office. The Recreation Office is an office of the City's Department of Recreation and Parks that is physically co-located with the
Police Substation at 17th Avenue and Ocean Front Walk.
19.
Sunset. Sunset is the time at which the sun's disk descends below the western horizon. The precise moment of Sunset can be determined by
reference to various, publicly available almanacs and newspapers of general circulation in Los Angeles.
20.
Vend or Vending. To sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter Food, Goods or Merchandise, or
services in any area from a stand, table, Pushcart, motor vehicle, bicycle, or by a Person with or without the use of any other device or other method of
transportation, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing Food, Goods or Merchandise, or services, even if
characterized by the Vendor as a Donation.
21.
Vendor. A Vendor is a Person who Vends. Vendor includes the employers, employees, and agents of a Vendor.
22.
Westside of the Boardwalk. The area on the ocean-side of the Boardwalk. A map depicting the Westside of the Boardwalk is available for
inspection and copying at the Police Substation or at the Recreation Office.
B.
Findings and Purposes. The City Council of the City of Los Angeles finds and declares as follows:
1.
The Boardwalk and Recreation Area constitute a major tourist attraction in the City, hosting approximately 16 million visitors annually. The
Boardwalk and Recreation Area are limited spaces geographically, located in a narrow, linear City park that is bounded by the beach to the West and private
property to the East. The total width of the Boardwalk is only ten feet in certain sections and only as wide as 50 feet in other limited areas. The space is
further constrained by the fact the Boardwalk and Recreation Area serve as emergency ingress and egress routes.
2.
Historically, visitors, including tourists, have been drawn to Venice beach because, the Boardwalk and Recreation Area served as a traditional
public forum for performance and visual artists, as well as other free speech activity. Vendors of Food, Goods and Merchandise viewed the large crowds of
visitors to the Boardwalk and Recreation Area as a pool of potential customers and Vending proliferated. As the numbers of commercial Vendors increased,
the number of Performers and persons engaging in free speech activities decreased both because of the limited amount of space and because of the change in
atmosphere from a vibrant center of art and expression to a commercial "flea market" atmosphere. Competing interests for space on the Boardwalk and
Recreation Area intensified and physical altercations for space and disturbances of the peace resulted in law enforcement responses and arrests.
3.
Unregulated Vending and Performances adversely affect the historic character of the Boardwalk, hamper rather than encourage a wide variety of
performances, visual artists and other free speech activity, as well as jeopardize the public safety of visitors to the Boardwalk, resulting in an economic and
cultural loss to the City. Therefore, the Boardwalk requires reasonable time, place, and manner restrictions to retain its unique historic character as a center
of performance, art, and other free speech activity, preserve its status as a tourist attraction, protect the commercial life of the Boardwalk, and ensure the
safety and enjoyment of residents, visitors, advocates, artists, performers, and Vendors alike. Due to its unique historical, geographical, and physical
characteristics, the Boardwalk requires its own set of rules and regulations different from other public parks in the City.
4.
Unregulated Vending and Performing harms the Boardwalk, and therefore must be regulated because:
(a)
Tourists are deterred from visiting or shopping at the Boardwalk as they are constantly approached, solicited, and sometimes harassed
by unregulated Vendors and Performers. Regulation is therefore necessary to manage the time, place, and manner of Vending on the Boardwalk, in
order to ensure that tourists are not deterred from visiting or shopping at the Boardwalk;
(b)
The amount of space on the Boardwalk that is available for performing and visual artists and for political advocacy is limited due to the
size of the Boardwalk and the large crowds of visitors that the Boardwalk attracts. Due to the limited amount of space, unregulated Vending along the
Boardwalk prevents many Persons from engaging in performance, art, advocacy or other expressive activities. The lack of regulations for Vending,
Performing and noise has resulted in conflicting claims for the available spaces. Numerous altercations occurred, in competition for locations and
amounts of space, during time periods in which the City lacked regulations for noise and a system for allocating available space for Vending and
Performing. Frequently, the altercations became violent requiring law enforcement response to preserve the public peace. Persons wishing to secure
spaces often arrive prior to dawn and create loud noise in setting up their displays, thereby disturbing the public peace, including the peace of the
residents on and near the Boardwalk, and requiring a law enforcement response. Unregulated, the Boardwalk became a place where only the
strongest and earliest arrivals could secure space to exercise their rights of free expression without threat of intimidation. Regulation is necessary,
therefore, to manage the use of the limited space on the Boardwalk to prevent conflicting claims for the space and to allocate the limited space
available fairly to all who desire to use it for lawful purposes;
(c)
Tables, Pushcarts, stands, and certain equipment of Vendors and Performers impede the orderly movement of pedestrian traffic along the
narrow Boardwalk and may make the Boardwalk unsafe for pedestrians by limiting the City's ability to effect crowd management and control.
Certain equipment of Vendors and Performers contributes to visual clutter and blight, especially when it impacts the ability of Boardwalk visitors to
see the Pacific Ocean. Regulating the use of equipment by Vendors and Performers therefore is necessary to manage the orderly movement of
pedestrian traffic. Regulation also is necessary to avoid injuries to pedestrians as well as ensure the existence of emergency and non-emergency
ingress and egress between the beach and the Boardwalk;
(d)
The Vendors, Performers and their equipment impede the ingress and egress of emergency and public safety vehicles by creating
physical obstacles to emergency response and administration of aid to those in need of immediate medical attention and to victims of criminal
activity. Regulation is therefore necessary to ensure that Vendors, Performers and their equipment do not interfere with emergency response vehicles
that provide assistance to individuals with medical needs and victims of criminal activity;
(e)
Unregulated Vending has resulted in the sale of stolen, defective or counterfeit merchandise. Regulation therefore is necessary to protect
the public and the Boardwalk commercial life;
(f)
Unregulated Vending of personal services has resulted in activities that are illegal and harmful to human health, including the offering of
services by unlicensed Vendors of services for which a license is required by the State of California, physical assaults and the application of toxic
chemicals to Persons;
(g)
Unregulated Vending causes visual clutter/blight along the Boardwalk, impedes views of the beach and the Pacific Ocean, and threatens
the City's ability to attract tourists and preserve businesses along the Boardwalk. Regulation therefore is necessary to manage the number of Vendors,
the size of their equipment and displays, and the location of Vending activity;
(h)
Unregulated Vending creates unnecessary, excessive and annoying noise on the Boardwalk, is detrimental to the public health, welfare
and safety and contrary to the public interest, harms residents, the commercial life of the Boardwalk and the historic character of the Boardwalk, and
diminishes the quality of life for those who visit, live or work on or near the Boardwalk. Regulation therefore is necessary to establish restrictions on
noise at the Boardwalk; and
(i)
The Recreation Area is a site that is uniquely suitable to and frequently used for events that require pre-planning and advanced notice.
The Recreation Area is the location of the Police Substation where vehicles require the ability for unobstructed ingress and egress. Due to the size,
shape, and physical attributes of the Recreation Area (including a skate park and plaza, paddle tennis courts and exercise equipment), it is also a site
uniquely suitable to and used by many Persons for skateboarding, paddle tennis, and other sports and exercise. The Recreation Area is the home of
historic "Muscle Beach", a popular tourist attraction. Muscle Beach is world renowned as home of physical fitness advocates and body builders,
including Jack La Lanne (considered to be the father of the modern fitness movement), Arnold Schwarzenegger, Franco Columbo and Dave Draper.
C.
Beach Vending Prohibition. Except as specifically allowed in this Section, no Person shall engage in Vending upon any public beach lands or
properties adjoining the waterfront of the Pacific Ocean, or upon any immediately adjacent Boardwalk, sidewalk or public way between the southerly boundary of
the City of Santa Monica and the northerly boundary of the City of El Segundo and between the northwesterly boundary of the City of Santa Monica and the
northwesterly boundary of the City of Los Angeles.
D.
Vending and Performing on Designated Spaces. To address the findings and purposes set forth in this Section, the City has created reasonable time,
place, and manner restrictions on Vending and noise, as well as to facilitate Performing. To preserve the Boardwalk's rich history of fostering new artists,
performance, and other free speech activity, the City has divided the available space on the Boardwalk into 205 areas, known as Designated Spaces, where:
1.
Persons can engage in traditional expressive speech and petitioning activities, and can Vend the following expressive items: newspapers, leaflets,
pamphlets, bumper stickers, patches and/or buttons.
2.
Persons can Vend the following items, which have been created, written or composed by the Vendor or Performer: books, audio, video, or other
recordings of their performances, paintings, photographs, prints, sculptures or any other item that is inherently communicative and is of nominal value or
utility apart from its communication.
3.
Although an item may have some expressive purpose, it will be deemed to have more than nominal utility apart from its communication if it has
a common and dominant non-expressive purpose. Examples of items that have more than nominal utility apart from their communication and thus are
subject to the Vending ban under the provisions of this Section, include but are not limited to, the following: housewares, appliances, articles of clothing,
sunglasses, auto parts, oils, incense, perfume, crystals, lotions, candles, jewelry, toys and stuffed animals.
4.
Performers can Perform.
5.
Any Vendor conducting lawful Vending under Subsections D.1. and D.2., above, must comply with applicable tax and licensing requirements.
E.
Allocation and Use of Designated Spaces. The City's Board of Recreation and Parks Commissioners shall designate a total of 205 spaces on the
Boardwalk, referred to as the "Designated Spaces". The Designated Spaces will be available for use in accordance with a first-come, first-served system or any
other legally permissible allocation system adopted by the Board at a duly noticed public hearing at which the public is provided an opportunity to comment, as
required by the Ralph M. Brown Act, posted at the Recreation Office for at least ten (10) days prior to implementation.
The 205 Designated Spaces shall be made available for the activities described in Subsection D. above. Five of the Designated Spaces shall be double-sized,
large act spaces for Performers whose number of Performers plus audience can be anticipated to exceed 25 Persons. Two of the regular-sized Designated Spaces
shall be made available for Persons engaging in any activity that is described in Subsection D. and who are predominantly giving away Food. The remainder of the
regular-sized, Designated Spaces shall be made available for Persons engaging in any exempt activity described in Subsection D.
Persons using the 205 Designated Spaces are subject to, and shall comply with, the following restrictions and the Program Rules adopted by the Board:
1.
The five double-sized, large act Performer spaces historically have been used by Performers (such as acrobats) whose performances require more
space than is available in a single-sized, Designated Space, and have been used by Performers who attract large crowds due to the nature of their
performances. The five, double-sized, large act Performer spaces are the only spaces able to safely accommodate large scale performances or a large
audience and, therefore, in order to facilitate a variety of Performances in these double-sized spaces, the Performer spaces are subject to a rotation
requirement, whereby each Performer using one of the five Performer spaces shall relinquish the space on the hour, every hour, whenever another Performer
is waiting to use the Performer space in which the Performer is Performing.
2.
No Person shall Vend any item in a Designated Space, except as expressly authorized by Subsection D.
3.
No Person shall place or allow anything in any Designated Space to extend beyond the boundaries of the Designated Space nor place anything
adjacent to the Designated Space nor obstruct or impede the access areas between the Designated Spaces.
4.
No Person shall Vend in, Perform in, or place or allow any item to extend into a designated emergency ingress and egress area. A map depicting
the emergency ingress and egress areas is available for inspection and copying at the Police Substation or at the Recreation Office.
5.
The City desires to balance the goal of avoiding visual clutter and blight against the need of Performers and Vendors exempt pursuant to
Subsection D., above, to have shade from the sun. Additionally, the City desires to balance the goal of avoiding visual clutter and blight against the desire of
Performers and Vendors exempt pursuant to Subsection D., above to use equipment common to exempted Performing and Vending activities. Accordingly,
the following rules relating to shade, Performing and Vending equipment: are adopted as follows: No Person shall place or allow any item (except an
umbrella, sun shade, easel, display board or microphone stand) exceeding four feet above ground in any Designated Space, nor shall any Person cause or
allow a Designated Space to be enclosed. An umbrella or sun shade shall not exceed 8 feet above ground and shall be open on all sides. An easel, display
board or microphone stand shall not exceed 6 feet in height. Persons shall not hang objects of any nature on or from any umbrella, sun shade, easel or
display board.
6.
No Person occupying a Designated Space shall leave that Designated Space for a period longer than 45 consecutive minutes without first
removing all items from the Designated Space.
7.
No Person shall occupy more than one single regular-sized or double-sized Designated Space at any given time, nor shall any Person solicit
another Person to obtain or occupy a Designated Space on his or her behalf.
8.
No Person shall purchase, sell, barter or exchange any Designated Space with any other Person.
9.
No Person shall set up or set down items in, take down items from or block, or attempt to reserve a Designated Space between Sunset and 9:00
a.m.
10.
Any umbrella used in connection with the activities authorized in the Designated Spaces must be adequately secured in an upright position with
a diameter no greater than 8 feet.
11.
Designated Spaces must be kept clean and free of litter and debris. No permanent markings shall be made in any Designated Space. Any
temporary marking made in any Designated Space must be removed from the Designated Space when the Person using the Designated Space vacates the
Designated Space or by Sunset, whichever is earlier.
12.
No open flames combustible fuel or gasoline-fueled generators are allowed in any Designated Space. Electric cords may not be connected
outside the assigned space or to any City or private power source.
F.
Special Rules for Other Areas of the Boardwalk.
1.
Areas Outside of the Designated Spaces, Pagodas, and Recreation Area.
(a)
Areas where use of equipment is prohibited. The activities described in Subsection D. may occur in all areas covered by this Section
outside the Designated Spaces, Pagodas, and Recreation Area, provided that no Person may set up a display table, easel, stand, equipment or other
furniture, use a Pushcart or other vehicle or place any item on the property defined in Subsection C. except as provided in Paragraph (b) of this
Subdivision.
(b)
Areas where limited use of equipment is permitted. The activities described in Subsection D., but not including Vending, may occur
on the Westside of the Boardwalk outside the Designated Spaces, Pagodas, Recreation Area and other areas designed as access points for or constitute
routes for emergency ingress and egress. In connection with permissible activities in the area on the Westside of the Boardwalk, outside the
Designated Spaces, Pagodas, Recreation Area and other areas designated for emergency ingress and egress, a Person may set up a display table,
easel, stand, equipment or other furniture, a Pushcart or other vehicle, or place an item on the ground in the areas where limited use of equipment is
permitted, subject to reasonable size and height restrictions set forth in paragraph E.5., herein, provided the equipment or the activity associated with
the equipment does not materially impede or obstruct pedestrian or vehicular traffic or areas designed for emergency ingress and egress. Nothing in
this paragraph shall be construed to allow a person to use or set up equipment in connection with Vending.
(c)
The areas in which use of equipment is prohibited and areas in which limited use of equipment is permitted is available for inspection
and copying at Police Substation or Recreation Office.
2.
The Recreation Area.
(a)
The Recreation Area is a limited space containing a confluence of public safety ingress and egress routes, and at which pre-planned
events, recreation activities and tourism occur. The City's Board of Recreation and Parks Commissioners may allocate use of the Recreation Area
through the adoption of Program Rules detailing an advance reservation system or any other legally permissible allocation system, and the advance
reservation system or other legally permissible allocation system contained in the Program Rules will be adopted by the Board at a duly noticed
public hearing at which the public is provided an opportunity to comment, as required by the Ralph M. Brown Act, and made effective after
reasonable public notice by posting at the Recreation Office for at least ten (10) days prior to implementation. A copy of the Program Rules shall be
available for inspection and copying at the Police Substation or the Recreation Office.
(b)
No Vending, and no display tables, easels, stands, equipment, Pushcarts or other vehicles, or structures shall be allowed in the Recreation
Area except as may be expressly authorized by the Board in connection with the Board's pre-approval of the use of the Recreation Area.
(c)
No Person shall use the Recreation Area or any part of the Recreation Area while the Recreation Area or that part of the Recreation Area
has been reserved, set aside, is being used, set up, maintained or designed for a specific recreational purpose, park purpose or event authorized by the
City through the Department or Board. When the City, through the Department or Board, has reserved, intends to use, set up, maintain or designate
the Recreation Area or any part of the Recreation Area for a specific recreational purpose, park purpose or event, the Department will make available
for inspection and copying at the Police Substation or Recreation Office information describing the nature of the authorized park purpose or event, the
location of the park purpose or event and the times during which the park purpose or event will take place.
G.
Use of City Property for Vending, Performing, or Display Prohibited. No Person shall use or obstruct access to any City-owned or maintained
property or equipment, including, but not limited to, street furniture, benches, planters, trash receptacles, Pagodas or other structures or equipment installed on public
property, for Vending, Performing, or display of anything whatsoever.
H.
Noise Regulation for all Property on or Abutting the Boardwalk.
1.
No Person whether on the Boardwalk or on private or public property abutting the Boardwalk shall create any noise, or allow the creation of any
noise, which causes the noise level to exceed the following Lmax levels between 9:00 a.m. and Sunset:
(a)
75 dBA, when measured at a minimum distance of 25 feet from the source of the noise; or,
(b)
96 dBA, when measured at a minimum distance of one foot from the source of the noise.
When Lmax levels are measured for noise emanating from a building located on private property adjacent to the Boardwalk, the measurement shall be
taken from the property line dividing the private property and the Boardwalk.
2.
Nothing in this Section shall be construed as prohibiting the City from enforcing other provisions of this Code regulating noise and sound levels.
At all times, the noise and sound provisions of Chapter 11 of the Los Angeles Municipal Code, Articles 1 through 5, inclusive, and Los Angeles Municipal
Code Sections 63.44 B.6., 41.42, 41.57, 53.63 shall apply. 3.
I.
No Person shall interfere with or resist the taking of any noise measurement authorized by this Section.
Violations. Any Person violating a provision of this Section shall be subject to the following penalties:
1.
First violation. A first violation of this Section shall be an infraction punishable by a fine in the amount of $100.
2.
Second and subsequent violations. A second violation and all subsequent violations shall be subject to the provisions of Section 11.00 of the
L.A.M.C, including prosecution as an infraction punishable by a fine in the amount of $250, or prosecution as a misdemeanor punishable by a fine of not
more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment.
3.
Nothing in this Section shall be construed as prohibiting the City from enforcing any and all other provisions of this Code or other applicable
laws. At all times, Los Angeles Municipal Code Section 63.44, which regulates the use of park and recreational facilities, shall apply.
J.
Other Applicable Opening and Closing Hours. Nothing in this Section amends or extends the opening or closing hours otherwise established by law
for any area subject to this Section. K.
Posted Notice. The City shall post signs providing notice of the existence of rules for the allocation and use of the Designated Spaces, Recreation Area
and Boardwalk areas near the entrances to the Designated Spaces and the Recreation Area. A complete copy of this Section shall be available for inspection and
copying at the Police Substation or at the Recreation Office.
L.
Severability. If any portion, subsection, sentence, clause or phrase of this Section is for any reason held by a court of competent jurisdiction to be
invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this
Section and each portion or subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses or
phrases be declared invalid.
SEC. 42.19. MAGAZINE SUBSCRIPTIONS – SALES FOR FUTURE DELIVERY – WHERE SOLICITATION PROHIBITED.
(a)
No person shall, on any public street, sidewalk or parkway, in this city, or in any doorway or entrance way immediately abutting thereon, solicit the sale
of any subscription to any magazine, periodical or other publication, or the sale of any tangible personal property for delivery at a subsequent time.
The foregoing section at one time had a Subsection (b) which provided that the section should cease to be effective six months after the cessation of hostilities in the war. However, such
subsection was repealed and the section is now enforceable as it stands. The cases cited below, although tried before the repeal of Subsection (b), are still applicable to the present ordinance.
The ordinance is not an unlawful interference with interstate commerce and it does not interfere with freedom of speech and the press, although the portion which prohibits solicitation
from doorways and entrance ways abutting on the streets may be invalid for the reasons held to invalidate a similar ordinance in McKay Jewelers v. Bowron, 19 Cal. 2nd 595, but that provision
is plainly severable so that if one is struck down it does not necessarily drag the other down with it.
People v. Carver, CR A 2119.
See also Pittsford v. City of Los Angeles, 50 Cal. App. 2d. 25,32.
In re Mares, 75 A.C.A. 909.
citing: People v. Carver supra, which opinion is adopted by the District Court of Appeals.
See also: Freedom of Speech and Commercial Solicitation, 39 Cal. Law Rev. 655.
SEC. 42.20. FOOD AND DRINK ESTABLISHMENTS – ANNOYANCE OF CUSTOMERS FORBIDDEN.
(a)
It shall be unlawful, in any place of business where food or drink is sold to be consumed upon the premises, for any person who loafs or loiters about
such place, or who is employed therein, to beg, solicit or importune any patron or customer of, or visitor in such establishment to purchase any article of food or
drink for the one begging, soliciting or importuning, or to be consumed by any employee, frequenter, habitue, or any vagrant or idle person about such place, and no
person shall enter any such place, or remain therein, for the purpose of so begging, soliciting or importuning patrons, customers or visitors therein to purchase
articles of food or drink. (Amended by Ord. No. 107,330, Eff. 6/3/56.)
Patrons of places of business where food or drink is sold for consumption on the premises may be protected from begging and like solicitations by legislation such as 42.20.
In re Short. No. H.C. 11310, Superior Court.
(b)
Any person who owns, manages or otherwise controls any such place of business who himself begs, solicits, or importunes, or permits or allows other
persons to beg, solicit or importune patrons, customers or visitors thereof to purchase food or drink for himself, the ones begging, soliciting or importuning, or for
employees, frequenters, habitues or any idle or vagrant persons about such place, is guilty of a misdemeanor. (Amended by Ord. No. 107,330, Eff. 6/3/56.)
ARTICLE 3
GAMBLING, FRAUD AND DECEIT (*)
* Note: By Ordinance No. 82055, any “machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed,
or maintained” in violation of the provisions of Sections 43.00 to 43.16, inclusive, of this Code is declared to be a nuisance and subject to abatement as provided in said ordinance.
Section
43.00
43.01
43.01.1
43.05.1
43.05.2
43.12
43.13
43.13.1
43.13.2
43.13.3
43.17
43.18
43.20
43.21
43.22
43.24
43.25
43.26
43.28
43.29
43.30
43.31
43.32
43.39
Definitions.
Gambling – Dice Shaking.
Bingo for Charitable Purposes.
Coin Games and Similar Contrivances – Possession Prohibited.
Games – Unlawful Possession – Declared to Be a Nuisance.
Lottery – Visiting.
Exhibiting Gambling Equipment.
Visiting Gambling Rooms.
Present at Gambling.
Gambling House.
Taxicabs – Cars for Hire – Defrauding.
Taxicab – Misrepresenting Identity.
Water Mains – Interference With.
Civil Service – Giving False Information.
Clearing House Certificates – Imitating.
Shoe Shine Parlors – Signs Required.
Restaurant – Menus Required.
Retail Grocery Price Marking.
Tort Claims – Soliciting.
Employers – Requiring Employees to Wear Service Uniforms.
Fortune Telling.
Fortune Telling – Exemptions.
Petitions – Misrepresentation of Contents.
Examinations – Impersonation Prohibited.
SEC. 43.00. DEFINITIONS.
For the purpose of this article the following words and phrases are defined and shall be construed as hereinafter set out, unless it shall be apparent from the
context that they have a different meaning:
“Chain Letter Scheme” shall mean and include any system, scheme or device, whether operated by letters, circulars, cards or other written or printed
instrumentalities, or orally, or by any other system whatsoever, whereby it is represented, proposed or held out, that upon the payment, deposit, transmission,
donation or surrender of any sum of money, or any other thing of value, the person so paying, depositing, transmitting, donating or surrendering money, or
other thing of value, may receive in return therefor money, or any other thing of value, in an amount greater than the sum so paid, deposited, transmitted,
donated, or surrendered by such person; such receipt of money, or other thing of value, to be in a sum greater than the value of the money, or other thing of
value, paid, deposited, transmitted, donated or surrendered; being dependent, either wholly or in part, upon that person’s paying, depositing, transmitting,
donating or surrendering money, or any other thing of value; determination of when such persons shall receive such greater sum of money, or other thing of
value, being effected by any system or scheme whereby the names of persons paying, depositing, transmitting, donating or surrendering any sum of money,
or other thing of value, are arranged so that the payment, donation or contribution to them depends upon a scheme whereby their names appear at the top or
other designated place upon a list according to the number, order or rotation of such persons who have, or who may thereafter pay, deposit, donate, transmit
or surrender any sum of money, or other thing of value, to participate therein.
“Lottery Ticket” shall mean any ticket, bill, scroll, paper, handbill, print, statement, chance share, memorandum, figure, character, interest, instrument
or any other object purporting or understood to be or to represent any interest whatsoever in or depending upon the event of any lottery whether the same is
used or intended for use or has been used or intended for use in a lottery drawing.
“Lottery Device” shall mean any tool, brush, punch, stamp, die, cut, instrument or device used or understood or intended to be used to contrive,
prepare, set up, propose, draw, print, stamp, mark, write or distribute any lottery or lottery ticket or by which the outcome, results or bets of any lottery or
lottery drawing are prepared, drawn, printed, stamped, marked or written.
The words “intended to be used” employed in the definition of lottery-device in Section 43.00 are descriptive of the device rather than descriptive of the possession.
People v. Jackson, CR A 1588.
The failure to state the objects embraced in the definition of “lottery-device,” if not attacked by demurrer, is not prejudicial to the defendant.
People v. Sielski, CR A 1624.
“Weighing or Measuring Instrument” shall mean any scale, balance, receptacle, container, device or other apparatus or equipment by which the
gravity, quantity, extent or volume of anything is compared or determined.
SEC. 43.01. GAMBLING – DICE SHAKING.
The following initiative ordinance is Ordinance No. 36674, approved June 5, 1917, by more than a majority of qualified electors of this City. The placing of
this ordinance in this Code shall not be construed as altering, amending or repealing said ordinance. Any violation of the provisions of Ordinance No. 36674 shall
not be deemed to be a violation of any of the provisions of this Code, but shall be deemed to be a violation of said Ordinance and punishable as therein provided.
“ORDINANCE NO. 36,674 (New Series)
An Ordinance prohibiting the shaking of dice for money or merchandise and prohibiting the keeping or permitting to be kept places for playing certain
games in the City of Los Angeles not prohibited by Section 330 or 330a of the Penal Code, and prohibiting the playing or betting at such games.
The People of the City of Los Angeles do ordain as follows:
Section 1. It shall be unlawful for any person, either as principal, agent, employee or otherwise, to keep, conduct or maintain within the City of Los
Angeles, any house, room, apartment or place used in whole or in part as a place where any game not mentioned in Section 330 or 330a of the Penal Code
of the State of California is played, conducted, dealt or carried on, with cards, dice, billiard balls, pool balls, cues or other device, for money, checks, chips,
credit or any other representative of value or for any merchandise or any other thing of value.
Section 2. It shall be unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment or
place owned by him or under his charge or control, in said City of Los Angeles, to be used in whole or in part for playing, conducting, dealing or carrying on
therein any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, with cards, dice, billiard balls, pool balls, cues or other
device, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.
Section 3. It shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 or 330a of the Penal Code of the State
of California, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues, or other device, for money, checks, chips,
credit or any other representative of value or for any merchandise or any other thing of value.
Section 4. That any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punishable by a fine of not less than ten ($10.00) dollars or more than One Thousand ($1,000.00) dollars, or by imprisonment in
the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. (Amended by Ord. No. 160,063, Eff 7/28/85.)
Section 5. That Ordinance No. 18,984 (New Series), entitled “An Ordinance prohibiting the keeping of places for playing certain games and prohibiting
the playing or betting of such games,” approved October 15th 1909, be and the same is hereby repealed; provided, however, that such repeal shall not affect
any prosecution for violation of any provision of said Ordinance No. 18,984 (New Series) committed prior to the repeal thereof. That all other ordinances or
parts of ordinances in conflict with this ordinance be and the same are hereby repealed.
I hereby certify that the foregoing ordinance was submitted for approval to a vote of the qualified electors of the City of Los Angeles, pursuant to the
provisions of the Charter of said City, at the General Municipal Election held in said City on Tuesday, June 5, 1917, and that said ordinance was approved
by more than a majority of the qualified electors of said City voting thereon at said election.
CHAS L. WILDE
City Clerk of the City of Los Angeles”
SEC. 43.01.1. BINGO FOR CHARITABLE PURPOSES.
Notwithstanding the provisions of Ordinance No. 36,674 (New Series), now set forth as Section 43.01 of the Los Angeles Municipal Code, the City Council is
hereby authorized to adopt an ordinance legalizing bingo games for charitable purposes in the City of Los Angeles in accordance with state law. (Ord. No. 149,508,
approved by voters April 7, 1977.)
SEC. 43.05.1. COIN GAMES AND SIMILAR CONTRIVANCES – POSSESSION PROHIBITED.
A.
Definitions. For the purposes of this section, the following terms are defined as hereinafter set forth:
1.
“Pin Game”: Any table, cabinet, or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is
propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course
of the moving object or which may divert or direct it beyond the control of the player.
2.
“Marble Game”: Any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical
plunger or other affixed device, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups or traps, resulting in a score or tally
being electrically or otherwise registered or shown which score or tally depends upon the course followed or point reached by the marble or ball or upon the
contact points touched by it along its course, or upon any combination of such factors.
3.
The phrase “Any game similar to a marble game” shall mean: “Balley-Alley” and any other miniature mechanical bowling game device, by
whatever name called; any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object
is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or
by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical
device or which is mechanically manipulated, controlled or guided, and which game is so contrived that, at the conclusion of the operation or play thereof
the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the playing off or the awarding of a prize or reward
upon the operation or play of the game.
4.
“Claw, Hook, or Grab Machine”: Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the
game may be grabbed, hooked, or otherwise displaced, recovered or removed by the operation of any contrivance simulating in miniature a power shovel,
clam shell, dragline or similar excavating tool or machine.
5.
“Horse Racing Machine”: Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse
race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear
to, run or move against each other in the manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of
the finish thereof.
B.
It shall be unlawful for any person to keep, maintain or possess in any place of business or in any place of public resort:
1.
Any pin game, any marble game or any game similar to a marble game, any claw, hook or grab machine or any horse race machine, the
operation of which game or machine is controlled, permitted or made available by placing therein a coin, plug, disc, key or token, or which is let for use,
operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase.
2.
Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled,
permitted or made available by placing therein any coin, plug, disk, key or token, or which is let for use, operation or play upon the payment or delivery of
anything of value therefor, or upon the making of any purchase.
C.
The provisions of this section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance or device at or in any
mercantile store in which such mechanical contrivances or devices are kept solely for sale and which mechanical contrivances or devices members of the public are
not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale.
This section is not unconstitutional, although it pertains to machines in which a degree of skill may be developed.
People v. Hambro, CR A 1856
People v. Eisenberg CR A 1900
People v. Chuba CR A 2391
SEC. 43.05.2. GAMES – UNLAWFUL POSSESSION – DECLARED TO BE A NUISANCE.
A.
Any machine, contrivance, appliance, device game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or
maintained in violation of the provisions of:
1.
Section 330a of the Penal Code of the State of California; or
2.
Any section enumerated in Part I, Title 9, Chapter 9 of the Penal Code of the State of California: or
3.
Sections 43.00 to 43.16, inclusive, of the Los Angeles Municipal Code; is hereby declared to be a nuisance and shall be subject to abatement as
hereinafter provided.
B.
When any person has been convicted of or pleaded guilty to any violation of any ordinance of this City or of any law of this state, which offense
involved the operation, use, maintenance or possession of any article declared by Subsection A hereof to be a nuisance, then such article shall be destroyed by the
Chief of Police after the plea or after the judgment of conviction has become final.
If any article subject to destruction as hereinabove provided is in the custody of any court within this City, the Chief of Police shall cause an application to be
made to the judge of said court for an order releasing such article to him in order that he may comply with this section.
SEC. 43.12. LOTTERY – VISITING.
No person shall visit, attend or resort to any office, house, room, tenement or other place where any lottery is contrived, prepared, set up, proposed, drawn or
conducted or where lottery tickets are sold, offered for sale, given away, furnished or transferred.
A similar ordinance was held constitutional as a reasonable exercise of the police power.
People v. Aguinaldo, CR A 2770.
SEC. 43.13. EXHIBITING GAMBLING EQUIPMENT.
No person shall possess, exhibit or expose to view, when two or more other persons are present, any part of any faro box, any pique blocks or pique cards, any
roulette, fan tan or craps equipment or any gambling layout whatever in any barred or barricaded house or room, or in any place built or protected in such a manner
as to make it difficult of access or ingress to police officers.
SEC. 43.13.1. VISITING GAMBLING ROOMS.
No person shall resort to, attend or be in any house, room or other place where there is any gambling device, equipment or paraphernalia, which place is
barred, barricaded, built or protected in such a manner as to make ingress or access difficult to police officers.
A substantially similar ordinance was held not in violation of any constitutional privileges nor unreasonable or oppressive because of infringement upon personal rights. “Barred and
Barricaded” do not include ordinary private residences or rooms where doors are locked or bolted in the ordinary method.
Matter of Ah Chung, 136 Cal. 678 CR A 3440.
SEC. 43.13.2. PRESENT AT GAMBLING.
(Added by Ord. No. 111,074, Eff. 5/3/58).
It shall be unlawful for any person knowingly to visit, frequent, or be present at or within any house, room, apartment, stand or place used in whole or in part
as a gambling house, or any place where any game is played, conducted, dealt or carried on with cards, dice, or other device for money, checks, chips, credit,
pennants, cigars, candy, merchandise or other valuable thing, or representative of value; provided, however, this ordinance shall not apply to any police officer
while in the exercise of his duties as such officer, nor to any person whose presence in any such place is necessary in the course of his lawful business.
SEC. 43.13.3. GAMBLING HOUSE.
(a)
gambling.
(b)
Gambling House Defined: Gambling house means any building, house, room, or other structure used in whole or in part for conducting illegal
Gambling House Prohibited. No person shall keep, conduct or maintain any gambling house.
(c)
Permitting Use as Gambling House. No person shall knowingly allow or permit any building, house, room or other structure owned or occupied by
him or under his charge or control to be used as a gambling house.
(d)
Violations Are Misdemeanors and Public Nuisances. Every person, firm or corporation violating any provision of this section shall be guilty of a
misdemeanor and all gambling houses are declared to constitute a public nuisance.
(e)
Nuisances May Be Abated. Any public nuisance maintained in violation of this section may be enjoined, prevented or abated as provided by law.
SEC. 43.17. TAXICABS – CARS FOR HIRE – DEFRAUDING.
No person shall hire any automobile for hire or taxicab with intent to defraud the person from whom it is hired or refuse to pay the legal fare of any automobile
for hire or taxicab after having hired the same.
SEC. 43.18. TAXICAB – MISREPRESENTING IDENTITY.
No owner, driver or agent soliciting patronage for any automobile for hire or taxicab shall misrepresent by word, sign, hat band, insignia I or badge the true
identity of the vehicle for which such patronage is sought
SEC. 43.20. WATER MAINS – INTERFERENCE WITH.
(a)
No person shall make, use or maintain any connection in any manner with any water main, service connection pipe, fire hydrant stub pipe, conduit or
flume owned, controlled or operated by any person or municipality authorized by law to distribute water for domestic or other use, without the knowledge of consent
of such person or municipality authorized by law to so distribute water; provided, however, that nothing contained herein shall be deemed to prevent the connection
of pipes, hose or other means of using water to lawfully installed service pipes for the use of water lawfully passing through a meter installed for the measuring of
such water.
(b)
No person shall turn on, or use water for domestic or other purposes by means of any connection with any water main, water meter, service connection
pipe, fire hydrant, stub pipe, conduit, flume or other appliance or method whereby water is withdrawn from the possession, custody and control of any person or
municipality authorized by law to furnish water for domestic or other use, without first securing the consent of such person or municipality so to do.
(c)
No person shall tamper in any manner with any water meter, weir or other water measuring device installed for the purpose of measuring water used or
intended to be used for domestic or other purposes; open any shut-off valve or other connection between such meter or measuring device and any water main, or
water supply pipe so that water may pass into or through said meter or measuring device; or in any manner change the connection between the water discharge
outlets and appliances upon private property and the water mains or other pipes or methods of conveying water by any person or municipality authorized by law to
furnish water for domestic or other use in such manner that water may be used or drawn from any water main or water supply pipe without passing through a meter
installed for measuring such water, without the knowledge or consent of such person or municipality.
SEC. 43.21. CIVIL SERVICE – GIVING FALSE INFORMATION.
No person shall knowingly or intentionally give any misinformation or false information, or convey any false impression relative to his or her character,
experience or past conduct in any application filed in connection with any examination for the filling of any position in the classified Civil Service of this City.
SEC. 43.22. CLEARING HOUSE CERTIFICATES – IMITATING.
No person shall make, print, write, engrave, lithograph, sell, give away, distribute, or have in his possession any paper, instrument, document, circular, card,
hand bill, dodger or advertisement which resembles or is made in imitation of, in size, form, dimensions, wording or general appearance, any certificate which has
heretofore been, or may hereafter be issued, distributed or circulated by or under the authority of the Los Angeles Clearing House Association, provided that the
provisions of this section shall not apply to certificates issued, distributed or circulated by or under the authority of the Los Angeles Clearing House Association.
SEC. 43.24. SHOE SHINE PARLORS – SIGNS REQUIRED.
No person shall operate, conduct, control, manage or otherwise carry on any shoe shine parlor or stand in the City of Los Angeles unless there is posted and
maintained therein or thereon in a conspicuous place, clearly visible by the public, a sign listing the price of each and every service rendered by such business, and
no such person shall charge or attempt to charge any amount different from that appearing on such sign for any service rendered. The lettering on such sign shall be
of uniform size with the letters not less than one inch in height.
SEC. 43.25. RESTAURANT – MENUS REQUIRED.
No person controlling, leasing, acting as agent for, conducting, managing or carrying on any restaurant, hotel, cafe, cafeteria, or other public place where food
is sold, served or offered for sale or service, shall conduct or operate any such restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or
offered for sale or service, unless said person owning, controlling, leasing, acting as agent for, conducting, managing or carrying on any such restaurant, hotel, cafe,
cafeteria, or other public place where food is sold, served, or offered for sale or service, shall cause to be conspicuously displayed and maintained at all times a
menu, bill of fare, card or other form or device which shall clearly indicate to the purchaser the price of the article of food to be sold or served, which said menu,
bill of fare, card or other like form or device, shall be so placed, displayed and maintained as to be clearly within the vision of the purchaser of said article or
articles of food at the time such food is ordered, provided, however, that in all public places where the sale or service of food is effected by permitting the purchaser
of said food to view the same, and order directly therefrom each kind of food to be sold or served shall be provided with a card, ticket, tag or other like form or
device which shall be conspicuously displayed immediately adjacent to said kind of food and shall clearly indicate the price of the particular kind of food
immediately adjacent thereto.
SEC. 43.26. RETAIL GROCERY PRICE MARKING.
(a)
Every person owning, operating, managing, leasing or renting any retail grocery store, grocery department within a general retail merchandise store, or
liquor store shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale. Each automatic checkout system store,
participating in the test provided for concurrently with adoption of this section, will provide a means by which the customer may mark individual items. Automatic
checkout system stores participating in said test shall cause to have a clearly readable price conspicuously displayed on a shelf tag where the item is shelved rather
than indicated on each packaged consumer commodity offered for sale.
(b)
The provisions of this section shall not apply to any of the following:
(1)
Any unpackaged fresh food produce;
(2)
Any consumer commodity which is under three cubic inches in size, weighs less than three ounces and is priced under thirty cents ($0.30);
(3)
Any consumer commodity offered as a sale item or as a special;
(4)
Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or, in addition thereto,
not more than two other regular employees;
(5)
Identical items within a multi-item package;
(6)
Items sold through a vending machine; and
(7)
Any consumer commodity, not including packaged produce, which was not generally item priced as of January 1, 1977, as determined by the
State of California Department of Food and Agriculture.
(c)
The following definitions shall apply for purposes of this section:
(1)
“Consumer commodity” means:
(A)
Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for
consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for
any purpose, but shall not include individual packages of cigarettes or individual cigars;
(B)
Paper and plastic products, such as, but not limited to, napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper
toweling, and disposable plates and cups;
(C)
Detergents, soaps, and other cleaning agents; and
(D)
Pharmaceuticals, including non-prescription drugs, bandages, female hygiene products, and toiletries.
(2)
“Grocery department” means an area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food
rather than food prepared for immediate consumption on or off the premises.
(3)
premises.
“Grocery store” means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the
(4)
“Sale item or special” means any consumer commodity offered in good faith for a period of seven days or less, on sale at a price below the
normal price that item is usually sold for in that grocery store or grocery department.
(5)
“Liquor store” means a store with an off sale liquor license, as defined in State law, engaged primarily in the sale of liquor Items.
(6)
“Automatic checkout system” means an electronic system employing a scanning device combined with a computer and a register to read a
universal product code or similar code on packaging and display and total the cost of the items purchased.
(d)
Any person intentionally violating any of the provisions of this section shall be deemed guilty of an infraction, and upon conviction thereof, shall be
subject to the fine for an infraction.
SEC. 43.28. TORT CLAIMS – SOLICITING.
No person shall solicit employment for himself or for any other person acting on his behalf to prosecute, collect, settle, compromise or to negotiate for the
settlement, compromise or collection of any tort claim, on behalf of any tort claimant, in which he himself has no pecuniary interest arising from such tort.
The provisions of this section shall not be construed to prevent joint tort claimants from negotiating with each other for the purpose of combining respective
claims or actions against the tort feasor.
The mere fact that the business of adjusting and settling tort claims affects the public welfare generally throughout the state does not mean that the police power to regulate such business,
and particularly to prohibit the solicitation thereof within a given municipality, must be exercised exclusively by the state legislature but on the contrary, subject only to control of general laws,
the entire police power of the state may be exercised by the council of a city within the limits of its jurisdiction, and a city ordinance prohibiting such solicitation is not violative of the federal
constitution.
People v. Levy, 8 Cal. App. 2d 763.
SEC. 43.29. EMPLOYERS – REQUIRING EMPLOYEES TO WEAR SERVICE UNIFORMS.
No person engaged in any private business, occupation or employment shall directly or indirectly require or make it a condition of the employment of any
person that such person so employed shall wear the uniform of the military, naval or marine service of the United States while performing the duties of such private
business, occupation or employment.
SEC. 43.30. FORTUNE TELLING.
No person shall advertise by sign, circular, handbill or in any newspaper, periodical, or magazine, or other publication or publications, or by any other means,
to tell fortunes, to find or restore lost or stolen property, to locate oil wells, gold or silver or other ore or metal or natural product; to restore lost love or friendship,
to unite or procure lovers, husbands, wives, lost relatives or friends, for or without pay, by means of occult or psychic powers, faculities, forces, crafts or sciences,
including clairvoyance, spirits, mediumship, seership, prophecy, astrology, palmistry, necromancy, cards, talismans, charms, potions, magnetism or magnetized
articles or substances, oriental mysteries, magic of any kind or nature, or numerology.
No person shall engage in or carry on any business the advertisement of which is prohibited by this section.
Where the appellant maintained a sign in her window: “Spiritual Science Readings”; offered to tell a witness “everything he wanted to know,” for $2.00; he told witness his wife would
return within three days, he was going to receive letters with money in them, and he would take a trip, and would go back to sea, such facts constituted a violation of Section 43.30 of the Los
Angeles Municipal Code, and a conviction was affirmed, even though the appellant defended on the ground that she was a duly ordained minister and that the $2.00 was a donation to the
American Church.
People v. Merino, CR A 1921.
Even though the appellant received a salary from the church in return for her collections, she was not exempt under the provisions of Section 43.31.
People v. Merino, Supra.
Where the appellant told the witness that she would be married twice, would marry an attorney, would go to a new job, that the unhappy part of her life would end July 15, that she was
in danger of having an accident, but would live to be 70 or 80 years old and appellant charged the witness $1.00, the conviction was sustained even though appellant was an ordained minister
of a bona fide church.
People v. Norvell, CR A 1956.
See also: People v. Whittemore, CR A 2031.
“It is not a violation of Section 43.30 of the Los Angeles Municipal Code to tell fortunes unless the person so doing is engaged in or is carrying on any business of fortune telling, or one
or more of the other activities therein prohibited...a single act does not constitute a business.” (In this case the court affirmed a conviction of 43.30 and vagrancy, holding that “a reading of the
reporter’s transcript convinces us that the proof of defendant’s guilt was overwhelming”; (Bishop dissenting).
People v. Abdullah et Ahmed Saud, CR A 2008.
“Fortune telling...is the practice of foretelling events, or prophesying the future, also the practice or art of professing to reveal future events in the life of another...Tested by this definition
many of the acts proved to have been done by defendant, such as narrating the past history of his visitors and characterizing the personalities of the visitors and advising them as to their
present and future conduct, do not constitute fortune telling. But other acts shown, such as stating that one visitor would receive a letter from her brother...do come within the above
definition...But Section 43.30 of the Los Angeles Municipal Code does not contain a general prohibition of fortune telling...In addition to the words quoted after the phrase ‘by means of,’ there
is an enumeration of other arts and practices...But we are satisfied that one who advertised merely to tell fortunes, without specifying any of the enumerated means of doing so, and likewise
one who does tell fortunes without professing or exemplifying any of those means, does not violate this ordinance.”
People v. Miracles A. Smith, CR A 2034.
A minister who tells fortunes as a business otherwise than in the performance of his pastoral duties acts in violation of Section 43.30.
People v. Bradford, CR A 2076.
Section 43.30 is constitutional, and does not offend Sections 11 and 21 of Article I of the State Constitution, and even though it were conceded that astrology is a science such a fact of
itself would not warrant a person in conducting a business of telling fortunes.
People v. Griffen, CR A 2190.
SEC. 43.31. FORTUNE TELLING – EXEMPTIONS.
The provisions of the preceding section shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any
priest, minister, rector or an accredited representative of any bona fide church or religion where such priest, minister, rector or accredited representative holds a
certificate of credit, commission or ordination under the ecclesiastical laws of a religious corporation incorporated under the laws of any state or territory of the
United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference,
convocation, convention, assembly, association or synod of the system or faith with which they are affiliated. Provided, however, that any church or religious
organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of
teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization.
See Annotations under 43.30.
SEC. 43.32. PETITIONS – MISREPRESENTATION OF CONTENTS.
(a)
No person circulating, or having charge of control of the circulation of, or obtaining control of the circulation of, or obtaining signatures to, any petition
authorized or provided for by the City Charter, or otherwise by law, shall misrepresent or make any false statement concerning the contents purport or effect of any
such petition to any person who signs or who desires to sign, or who is requested to sign, or who makes inquiry with reference to, any such petition, or to whom
any such petition is presented for his or her signature.
(b)
Petitions – Misrepresentation of Content: No person circulating or having charge or control of the circulation of, or obtaining signatures to any
petition not mentioned in the preceding subsection, and which is or is to be presented to any body, board, commission or officer shall willfully or knowingly
misrepresent, or make any false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is
requested to sign, or who makes inquiry with respect to any such petition, or to whom any such petition is presented for his or her signature.
(c)
Petitions – False Statements of Contents: No person shall willfully or knowingly circulate, publish or exhibit any false statement or misrepresentation
concerning the contents, purport or effect of any petition mentioned in this section for the purpose of obtaining any signature to any such petition or for the purpose
of pursuading any person to sign or not to sign any such petition.
(d)
Petitions – False Signatures: No person shall file in the office of the City Clerk or with any body, board, commission or officer any petition
mentioned in this section to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not
the genuine signature of the person, purporting to sign such petition or whose name is attached, appended or subscribed thereto.
(e)
Petition – True Copy Required: No person circulating or having charge or control of the circulation of, or obtaining signatures to, any petition
mentioned in this section shall fail, refuse or neglect to have attached to each paper forming a part of such petition and upon which any signature is written and at
the time such signature is written on such paper, a full, true and correct copy of such petition, or to fail, refuse or neglect to exhibit to any person signing, or about
to sign, or desiring to sign, or who is requested to sign, any such petition, a full, true and correct copy of such petition, or to fail, refuse or neglect to permit any
person signing or about to sign, desiring to sign or who is requested to sign, or who makes inquiry with reference to any such petition to examine such petition for a
sufficient length of time to ascertain the contents, purport or effect of such petition.
SEC. 43.39. EXAMINATIONS – IMPERSONATION PROHIBITED.
No person shall impersonate another person or permit or aid in any manner any other person to impersonate him in connection with any examination or request
or application for examination for the filing of any position in the classified civil service of this City, or for the issuance of any certificate of qualification, license or
permit required by the provisions of this Code.
ARTICLE 4
PHILANTHROPY
(Amended In Entirety, Ord. No. 158,408, Eff. 11/20/83.)
Section
44.00
44.02
44.03
44.04
44.05
44.06
44.07
44.08
44.09
44.10
44.11
44.12
44.13
44.14
44.15
Definitions.
Powers and Duties of the Department.
Fraud.
Notice of Intention.
Out of State Organizations.
Accounting System.
Coin Containers.
Solicitations on Behalf of Other Persons.
Solicitation – Information Card.
Report of Results of Activity.
Receipts for Contributions.
Exemptions.
Hours of Solicitation.
Commercial Fund-raisers and Solicitors.
Endorsement.
For the purposes of this article, the following terms are defined and shall be construed as indicated here unless it is apparent from the context that they have a
different meaning:
(a)
“Charitable” shall include philanthropic, social service, benevolent, patriotic, and religious, whether they are actual or purported. (b)
“Contribution” shall include food, clothing, money, property and the loan of money or property. (c)
“Department” shall mean the Police Department. (d)
“Person” shall be construed as defined in Section 11.01 of this Code. (e)
“Commercial Fund-Raiser” shall mean any person who for pecuniary compensation or consideration received solicits or purports to solicit
charitable contributions on behalf of any other person. Pecuniary compensation or consideration shall include, but is not limited to, participation on a
percentage basis in any funds solicited or raised. No natural person who is an officer, director, or bona fide paid employee of a charitable organization that
is operating in compliance with this article shall be considered a commercial fund-raiser within the meaning of this article. Nor shall any natural person
who is working under the direction and control of a commercial fund-raiser be considered a commercial fund-raiser within the meaning of this article. (f)
“Solicitor” shall mean any person who for pecuniary compensation or consideration received solicits or purports to solicit charitable
contributions but who is not licensed as a commercial fund-raiser; provided that no natural person who is an officer, director, or bona fide paid employee of
a charitable organization that is operating in compliance with this article shall be considered a solicitor within the meaning of this article. (g)
“Solicitation” shall mean and include the following:
(1)
Any oral or written request for a charitable contribution made, transmitted, or distributed by any means; and
(2)
Any offer to sell any service, item, or right to attend any function or participate in any activity, which offer includes reference to any
actual or purported charitable purpose or charitable organization as an inducement to purchase the service, item, or right to attend.
A solicitation shall be deemed completed when made, whether or not the person making it receives a contribution or makes a sale referred to in this
article. No communication between natural persons personally known to each other shall constitute a solicitation for purposes of this article. No
communication made by electronic mail shall constitute a solicitation for purposes of this article unless the person making the communication is aware that
the recipient of the e-mail is located in the City of Los Angeles. No information contained on any website or presented on any television or radio broadcast
that is subject to regulation by the Federal Communications Commission shall constitute a solicitation for purposes of this article. Nor shall any statement
that a charitable organization is nonprofit, tax-exempt, or funded or supported by charitable contributions by itself constitute a solicitation for purposes of
this article. For purposes of this article, “solicitation” shall not include any raffle within the meaning of California Penal Code Section 320.5.
SEC. 44.01. POWERS OF BOARD.
(Repealed by Ord. No. 173,283, Eff. 6/26/00, Oper. 7/1/00.)
SEC. 44.02. POWERS AND DUTIES OF THE DEPARTMENT.
(a)
The Department shall have the following powers:
(1)
To investigate statements on: (A)
the Notice of Intention and information submitted in connection with the Notice; and
(B)
the Report of Results of Activity and information submitted in connection with the Report; (2)
To have access to and inspect and make copies of all books, records and papers, relating to any solicitation and the distribution of any
contribution received from the solicitation, of the person by whom or on whose behalf the solicitation is made;
(3)
To investigate the method of making or conducting any solicitation and to give publicity to its findings in such manner as the Department
deems best to advise the public of the facts of the solicitation;
(4)
To recall and declare void any Information Card upon receipt of additional information by the Department which renders incorrect any
statement provided by the applicant that is set forth on the Information Card, provided that the incorrect statement in question is not an innocent mistake. Upon recall, the Department shall issue a new Information Card pursuant to Subsection (b) of this section. Upon request, all recalled Information Cards shall
be returned to the Department within 48 hours.
(b)
The Department shall have the following duties:
(1)
The Department shall issue an Information Card no later than 15 days after receipt of a Notice of Intention which complies with the
requirements of Section 44.04 of this article; provided that where the notice is incomplete or otherwise fails to meet the requirements of Section 44.04 of this
article, the Department shall, within ten days after receipt of the notice, notify the applicant in writing of the specific information needed to meet the
requirements of Section 44.04 of this article. The Department shall issue an Information Card no later than 15 days after receipt of such additional
information.
(2)
The Department shall indicate on all Information Cards the following: (A)
That the Card is issued only as information for the public; or
(B)
That the Card is an endorsement, if the Department endorses pursuant to Section 44.15 of this article;
(C)
The pertinent facts of the solicitation from the Notice of Intention, including the commencement and termination dates.
SEC. 44.03. FRAUD.
No person shall perpetrate deception or fraud in connection with the solicitation of contributions for charitable purposes.
SEC. 44.04. NOTICE OF INTENTION.
No person shall solicit or authorize any other person to solicit any charitable contribution unless a written Notice of Intention to solicit charitable contributions
is filed with the Department at least 15 days prior to the beginning of the solicitation on a form furnished by the Department. A Notice of Intention shall be filed for
each separate special event. At the option of the person filing the Notice, a Notice related to an ongoing general appeal for charitable contributions may be filed on
an annual basis. The Department shall distinguish between special events and activities related to an ongoing general appeal so as to best inform the public of the
costs and receipts of the various types of charitable solicitation activities undertaken by the person filing the Notice. If an annual Notice is filed, it shall include a
description of the activities planned for the year related to the general appeal of the person filing the Notice, and the person filing the Notice shall file a separate
Notice of Intention for any charitable solicitation activity that is not included in the annual Notice. The Notice of Intention shall include the following information
and must be accompanied by an information card fee of $42.00. (Amended by Ord. No. 181,919, Eff. 12/2/11.)
(a)
The name of the person registering and desiring to solicit funds for charitable purposes;
(b)
Whether the person registering is a natural person, partnership, corporation or association; and,
(1)
If a natural person, the principal business or residence address and telephone number;
(2)
If a partnership, the address and telephone number, if any, of the partnership, and the name and principal business or residence address
and telephone number of each partner;
(3)
If a corporation, the state of incorporation, the address and telephone number of the corporate headquarters, the mailing address,
location, telephone number, and name of the person in charge of the Los Angeles or other local office, if any, and the name and title of each officer
and director or trustee;
(4)
If an association, the principal business address and telephone number of the association, if any, the name and principal business or
residence address and telephone number of each member, unless there are more than ten members, in which case the association shall provide the
name, title, and principal business or residence address and telephone number of each officer and director or trustee, and if the association is part of a
multi-state organization, the business address and location of its Los Angeles or other local office; (c)
The purpose of the solicitation and use of the contributions to be solicited;
(d)
The commencement and termination dates of the solicitation;
(e)
The type of solicitation activity and how it will be conducted;
(f)
An estimate of the total cost of the solicitation (such estimate may be based on the most recent comparable solicitation activity, if any, unless the
person filing the Notice expects the cost of the proposed solicitation to be substantially different);
(g)
The names of any officer, director, trustee, partner, or any current agent or employee engaging in solicitation of funds who has been convicted of
a felony or a misdemeanor involving moral turpitude within the past seven years, and the nature of the offense, the State where the conviction occurred, and
the year of the conviction;
(h)
A statement signed under penalty of perjury by persons authorized by the person filing the Notice that the signers of the Notice of Intention have
read and are familiar with the provisions of this article.
SEC. 44.05. OUT OF STATE ORGANIZATIONS.
(a)
The Notice of Intention described in Section 44.04 may be filed pursuant to this section if all of the following conditions are met:
(1)
The person filing the Notice is based outside the State of California;
(2)
The person filing the Notice is registered with the State of California as a charitable trust or charitable organization throughout the period
covered by the Notice;
(3)
The Notice pertains to activities related to an ongoing general appeal for charitable contributions; and
(4)
The Notice contains all of the following information:
(b)
(A)
The name, address, and telephone number of the person filing the Notice;
(B)
Whether the person is a corporation and the date of organization;
(C)
The person’s employer identification number and corporation or organization number;
(D)
The dates covered by the Notice; and
(E)
The types of solicitation activities anticipated during the period covered by the Notice.
Sections 44.09 and 44.10 shall not apply to persons filing a Notice of Intention pursuant to this section.
SEC. 44.06. ACCOUNTING SYSTEM.
No person shall solicit charitable contributions unless a system of accounting is maintained whereby all transactions are entered upon the books or records of
the person, either on the cash or accrual basis, according to established and customary accounting principles.
SEC. 44.07. COIN CONTAINERS.
No person shall solicit any charitable contributions utilizing coin containers or receptacles without displaying an Information Card or an authentic reproduction
of the Card.
SEC. 44.08. SOLICITATIONS ON BEHALF OF OTHER PERSONS.
(a)
No person shall conduct a solicitation for charitable contributions on behalf of another person without written authorization from the person on whose
behalf the solicitation is made.
(b)
The written authorization required by Subsection (a) shall be provided to the Department with the Notice of Intention filed by the person conducting the
solicitation.
(c)
Subsections (a) and (b) shall not apply where the person conducting the solicitation is an officer, director, bonafide employee, or bonafide member of
a charitable organization that is operating in compliance with this article.
SEC. 44.09. SOLICITATION – INFORMATION CARD.
(a)
(b)
No person shall solicit any charitable contribution unless an Information Card has been issued pursuant to Section 44.02 of this article.
No person shall solicit in person any charitable contribution without personal possession of the original or an authentic reproduction of the Information
Card. The original or an authentic reproduction of the Information Card shall be conspicuously displayed at the site of special events conducted for the purpose of
obtaining funds for charitable purposes.
(c)
No person shall solicit any charitable contribution by means of any written or printed material that is published, mailed, delivered, or otherwise
distributed unless such material includes the information contained in the Information Card.
(d)
Any person soliciting charitable contributions by radio, television, telephone, telegraph, or e-mail, shall provide the information contained on the
Information Card upon the request of any person being solicited.
(e)
Any person soliciting charitable contributions shall present the original or an authentic reproduction of the Information Card upon the request of any
person being solicited.
SEC. 44.10. REPORT OF RESULTS OF ACTIVITY.
Every person soliciting charitable contributions shall file with the Department within 30 days after the termination date of the solicitation a Report of Results of
Activity. For persons filing the Report based on an annual Notice of Intention, the termination date shall be one year after the initial date for which the Notice of
Intention was filed. The Report shall detail all receipts, expenses and distributions of proceeds. The Report shall be made on a form provided by the Department
and signed by two officers, if practicable, or other natural persons authorized by the person filing the Report.
It shall be unlawful to expend charitable funds raised by public solicitation for any purpose other than those specified on the Information Card, except that
where no purpose specified on the Information Card any longer exists, the person may expend such funds for a similar purpose.
SEC. 44.11. RECEIPTS FOR CONTRIBUTIONS.
A receipt for the amount donated shall be given to each contributor requesting one. Each receipt shall be signed by the person making the solicitation and shall
identify the person on whose behalf the contribution was received.
SEC. 44.12. EXEMPTIONS.
The provisions of this article, except Sections 44.00 and 44.03, shall not be applicable to any of the following:
(a)
Any solicitation made upon premises owned or occupied by the person upon whose behalf the solicitation is made;
(b)
Any solicitation for the relief of any natural person specified by name at the time of the solicitation where the person making the solicitation
represents that the entire amount collected, without any reduction, shall be turned over to the named beneficiary, and the entire amount collected is in fact
turned over to the named beneficiary;
(c)
Any solicitation by an organization soliciting contributions solely from its own members at the time of the solicitation.
SEC. 44.13. HOURS OF SOLICITATION.
(a)
No person shall solicit any charitable contribution door-to-door between the hours of 8:00 p.m. and 8:00 a.m.
(b)
No child under the age of 10 years shall solicit any charitable contribution unless accompanied by a responsible person who is 18 years of age or older
and who shall at all times keep such child within the range of his or her sight and hearing.
(c)
No child under the age of 16 years shall solicit any charitable contributions between the time of sunset and 9:00 a.m.
SEC. 44.14. COMMERCIAL FUND-RAISERS AND SOLICITORS.
(a)
Commercial Fund-Raisers. No commercial fund-raiser shall solicit charitable contributions for any actual or purported charitable purpose without a
license issued by the Department. A commercial fund-raiser shall not solicit charitable contributions for any person without first notifying the Department. A
commercial fund-raiser shall notify the Department in writing of all contracts and working agreements with each charitable organization with which the commercial
fund-raiser is associated.
(b)
Application. Applicants shall file for a commercial fund-raiser’s license on forms furnished by the Department.
(c)
Investigation. The Department shall investigate the applicant and verify:
(1)
That the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years; and
(2)
That all statements in the application are true. (d)
Issuance. The Department shall issue to the applicant a license to solicit as a commercial fund-raiser when all of the foregoing conditions are met. If
all of the foregoing conditions have not been met, the Department shall deny a license to the applicant, subject to the following conditions:
(1)
license;
The Department shall notify the applicant in writing, no later than 15 days after receipt of the complete application of the reasons for denial of a
(2)
The applicant may appeal the denial of a license by written request filed with the Board of Police Commissioners within 10 days after
notification of the denial;
(3)
The Board of Police Commissioners shall schedule a hearing within 30 days after receipt of the request for appeal and shall send notice of the
time and place of the hearing to the applicant by certified mail no later than ten days prior to the date set for the hearing;
(4)
The applicant and the Department may submit evidence relative to their respective positions in writing prior to the hearing or in writing or
orally at the hearing and the burden of proof at the hearing shall be upon the Department; and (5)
The hearing shall be held before the Board of Police Commissioners, which shall notify the applicant in writing of its decision within five days
after completion of the hearing process. The Department shall immediately issue the license upon a finding by the Board of Police Commissioners that the
Department has failed to sustain its burden of proof at the hearing. The Department shall not issue a license upon a finding by the Board of Police
Commissioners that the Department has met its burden of proof at the hearing. Upon a denial of a license, the Department may seek an injunction to prohibit
any act in violation of this section.
(e)
Revocation. A commercial fund-raiser’s license may be revoked if the Department finds that any act or omission of such commercial fund-raiser or
his or her agents or employees in making any solicitation or in the conduct of the business of a commercial fund- raiser is illegal or fraudulent. The Department
must revoke a commercial fund-raiser’s license if it finds the existence of any grounds upon which the issuance of such license would be denied under this section.
No revocation of a commercial fund-raiser’s license shall be effective except upon notice and an opportunity to be heard as provided in Subsection (d) of this
section.
(f)
Expiration. Each commercial fund-raiser’s license shall expire 12 months after issuance.
(g)
Funds. A commercial fund-raiser shall not commingle charitable contributions with his or her funds or property.
(h)
Solicitors.
(1)
It shall be unlawful for any commercial fund-raiser to cause or permit any person for compensation to solicit or receive any charitable
contribution unless such person is licensed as a solicitor by the Department. Each solicitor shall be under the direction and control of a licensed commercial
fund-raiser.
(2)
Except as provided in Subsections (a) through (h) of this section, no person shall for compensation solicit charitable contributions for or on
behalf of any other person without a license issued by the Department.
(3)
Each initial application shall be accompanied by the applicant’s photograph and fingerprints, on forms prescribed by the Department, and by a
fingerprint processing fee payable to the Department. The Department is authorized to adjust the amount of the fee for the processing of fingerprints so that
it is equal in amount to the fee charged to the City of Los Angeles by the State of California for the processing of fingerprints. The fingerprint processing
fee shall not exceed the amount charged to the City by the State.
(4)
A solicitor’s license shall be issued upon verification by the Department that the statements in the application are true and that the applicant
has not been convicted of any felony or misdemeanor involving moral turpitude within the past seven years.
(5)
A solicitor must notify the Department in writing of any change of address and of any termination or change of employment.
(6)
A solicitor’s license may be revoked if the Department finds that any act or omission of such solicitor in making any solicitation is illegal or
fraudulent. The Department must revoke a solicitor’s license if it finds the existence of any grounds upon which the issuance of such license would be
denied under this subsection. No revocation of a solicitor’s license shall be effective except upon notice and an opportunity to be heard as provided in
Subsection (d) of this section.
(7)
Consideration of a solicitor’s license application and issuance or denial of a license shall be subject to the time periods and procedures set forth
in Subsection (d) of this section. Each solicitor’s license shall expire 12 months after issuance.
SEC. 44.15. ENDORSEMENT.
The Department shall have the following powers:
(a)
To endorse, upon request, those charitable organizations which submit to investigation and meet the following requirements:
(1)
That a direct service program is provided to the community by the organization;
(2)
That the work for which the organization was created has been performed;
(3)
That a board of directors or trustees exercises full control and direction of the organization;
(4)
That the members of the board of directors or trustees are not compensated for their services;
(5)
That the compensated administrative head of the organization is not a member of the board of directors or trustees;
(6)
That no monies of the organization are on loan directly or indirectly to any officer, director, trustee or employee of the organization;
(7)
That the organization has not paid out more than 20 percent of any amount collected by solicitation for expenses of solicitation and has
not diverted funds donated to it from any source to purposes other than those for which they were donated;
(8)
That for the period of one year prior to the endorsement, the organization has kept its records in accordance with generally accepted
accounting principles and standards for nonprofit organizations;
(9)
That for the period of one year prior to the endorsement, the organization has not violated any law applicable to it. The Department shall
issue said endorsement to any organization that complies with the abovementioned requirements. An endorsement shall be valid for one year from
the date of its issuance or most recent renewal. Renewal of an endorsement may be granted upon the same conditions as an original endorsement may
be issued;
(b)
To refuse to endorse or revoke endorsement of an organization that does not comply with the requirements of Subsection (a) of this section,
subject to the following procedure:
(1)
The Department shall notify the organization in writing of the reasons for denial or revocation of endorsement.
(2)
The organization may appeal the denial or revocation of endorsement by written request filed with the Board of Police Commissioners
within ten days after notification of the denial or revocation. If an appeal is filed, the Department shall withhold making a final decision until the
report of the Board of Police Commissioners has been received. If an appeal is not filed within the prescribed time limit, the decision to deny or
revoke endorsement shall be final.
(3)
The Board of Police Commissioners shall schedule a hearing within 30 days after receipt of the appeal and shall send notice of the time
and place of the hearing to the organization by certified mail no later than ten days prior to the date set for the hearing.
(4)
The organization and the Department may submit evidence relative to their respective positions in writing prior to the hearing or in
writing or orally at the hearing.
(5)
The hearing shall be held before the Board of Police Commissioners which shall notify the Department of its findings within five days
after completion of the hearing process.
(6)
The Department shall notify the organization of the Board’s decision after receiving the findings of the Board of Police Commissioners. (c)
To convene on no less than an annual basis representatives of endorsed organizations to secure cooperation among charities in the City to the
end that a comprehensive and economical plan in philanthropy is promoted;
(d)
To provide advice, counsel and training opportunities to all charitable organizations in the City on the methods and procedures that lead to or
help maintain endorsement.
ARTICLE 4.5
BINGO
(Added By Ord. No. 149,992, Eff. 9/1/77.)
Section
44.50
44.51
44.52
44.53
44.54
44.55
44.56
44.57
Authority for Enactment.
License Required.
Authority to Issue License and Prescribe Rules and Regulations.
Regulation of Games.
Hearings Subpoenas.
Imposition of Bingo License Fees.
Licensing of Bingo Suppliers.
Purchase of Bingo Supplies or Equipment.
SEC. 44.50. AUTHORITY FOR ENACTMENT.
This Article is enacted pursuant to the authority contained in Article IV, Section 19 of the Constitution of the State of California and Section 326.5 of the Penal
Code of the State of California.
SEC. 44.51. LICENSE REQUIRED.
It is unlawful to conduct or play a game of bingo in the City of LosAngeles without a valid bingo license issued pursuant to this article. (Amended by Od.
No. 154,612, Eff. 12/18/80.)
SEC. 44.52. AUTHORITY TO ISSUE LICENSE AND PRESCRIBE RULES AND REGULATIONS.
The Police Department shall have the authority, pursuant to this Article and applicable state law, to issue licenses for games of bingo by organizations
exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the Revenue and
Taxation Code and by mobilehome park associations and senior citizens organizations. (First Sentence Amended by Ord. No. 171,262, Eff. 10/4/96.) Said
Department shall enforce the provisions of this article and shall have authority to promulgate and administer rules to implement the regulations of bingo in the City
of Los Angeles. Such rules shall be submitted to and approved by the City Council.
SEC. 44.53. REGULATION OF GAMES.
All bingo games, and all activities in connection therewith shall be conducted in accordance with the provisions of Sections 326.3 and 326.5 of the Penal Code
of the State of California, as amended from time to time.
SEC. 44.54. HEARINGS SUBPOENAS.
(1)
Any hearing conducted to determine whether a bingo license or bingo supplier license shall be revoked or suspended or an application therefor denied
shall be conducted pursuant to the provisions of Section 102.10 of the Los Angeles Municipal Code. (Amended by Ord. No. 164,083, Eff. 11/6/88.)
(2)
The Board of Police Commissioners, or any person designated thereby to conduct a hearing referred to in Subsection (1) of this section, is authorized
and empowered to compel the attendance of witnesses and the production of evidence by subpoena at such hearing. The Board of Police Commissioners, or any
person designated thereby to conduct such hearing, shall also obtain issuance and service of a subpoena upon written request of any party to the hearing. (First and
Second Sentences Amended by Ord. No. 171,262, Eff. 10/4/96.) Such request shall be accompanied by an affidavit stating the name and address of any proposed
witness and, in the event the attendance of such witness is sought in connection with the production of evidence, the exact nature of the evidence sought to be
produced, the materiality of such evidence to the issues involved in the hearing and a statement that the witness has the desired things in his or her possession or
control. The City Clerk, upon demand of the Board of Police Commissioners or person designated to conduct such hearing, shall issue a subpoena in the name of the
City of Los Angeles directing the appearance of the witness and/or the production of the evidence at the time and place specified in the subpoena. (Last Sentence
Amended by Ord. No. 171,262, Eff. 10/4/96.)
SEC. 44.55. IMPOSITION OF BINGO LICENSE FEES.
(Amended by Ord. No. 171,475, Eff. 2/13/97, Oper. 1/1/97.)
(1)
A fifty dollar ($50) license fee shall be paid upon application for a bingo license or upon renewal thereof. In the event an application for license is
denied, one-half of the fee shall be refundable to the applicant. A bingo license shall be valid for a period of one year. An additional fee for law enforcement and
public safety costs incurred by the City shall be collected monthly by the City of Los Angeles. The fee shall be computed as follows: Each licensee shall pay a
monthly fee equal to .922% (.00922) of the total amount paid out in bingo prizes for that month in excess of $2,000. The above fee shall be adjusted, if necessary,
in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37-I, 1 of the Los Angeles Municipal Code for
establishing fees.
(2)
A one hundred dollar ($100) license fee shall be paid upon application for a bingo suppliers license or upon annual renewal thereof.
SEC. 44.56. LICENSING OF BINGO SUPPLIERS.
(1)
The Police Department shall have the authority to license businesses which provide bingo supplies or equipment to organizations licensed to play
bingo in the City of Los Angeles and to promulgate and administer rules and regulations with respect to the licensing of such organizations. (First Sentence
Amended by Ord. No. 171,262, Eff. 10/4/96.) Such rules shall be submitted to and approved by the City Council.
(2)
No person shall engage in, conduct, manage or carry on the business of selling, or sell, bingo supplies or equipment to any organization licensed to play
bingo in the City of Los Angeles without a license for such purpose issued by the Police Department. (Amended by Ord. No. 171,262, Eff. 10/4/96.)
SEC. 44.57. PURCHASE OF BINGO SUPPLIES OR EQUIPMENT.
No person shall purchase bingo supplies or equipment for use by an organization licensed to conduct bingo in the City of Los Angeles from any vendor not
licensed pursuant to the provisions of Section 44.56 and applicable rules and regulations.
ARTICLE 5
MINORS
Section
45.00
45.01
45.02
45.03
45.04
45.06
45.07
45.08
45.09
45.10
45.11
45.13
45.15
45.16
45.17
45.19
Definitions.
Firearms – Knives – Slingshots – Sale to Minors.
Firearms – Minors – Possession of.
Nighttime Curfew Restrictions for Minors.
Daytime Curfew Restrictions for Minors.
Minors’ School Books – Sale.
Theaters – Minors – Hours of Attendance.
Dancing Academy – When Infant May Attend.
Dancing Academy – Authorization to Attend.
Dancing Academy – False Signature in Authorization.
Dancing Academy – Authorization – Filing of.
Dancing Academy – Hours for Instruction.
Female Dance Instructors.
Dance Halls – Illumination.
Dance Halls – Exceptions.
Display of Drug Paraphernalia to Minors.
(a)
“BOARD” means the Board of Police Commissioners unless otherwise designated.
(b)
“DANCING ACADEMY” means a regularly established place of business maintained and conducted principally for the purpose of giving instructions
in dancing.
(c)
“DANCE HALL” means any place where the holding or conducting of public dances is regularly carried on.
(d)
“DANCING CLUB” means any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests
more than once per month at which a fee is charged, either for an admission to such dance or for dancing therein, or at which any collection or donation of money is
made or received, or in which the amount of dues to be paid by each member is dependent upon attendance at such dances by such member.
(e)
admitted.
“PUBLIC DANCES” means gathering of persons in or upon any premises where dancing is participated in and to which premises the public is
SEC. 45.01. FIREARMS – KNIVES – SLINGSHOTS – SALE TO MINORS.
No person shall sell, exchange, give or loan to any person under 18 years of age any:
(a)
slingshot,
(b)
springback knife,
(c)
fixed or locking blade knife having a blade over two inches in length,
(d)
dirk or dagger having a blade over two inches in length,
(e)
ice pick,
(f)
tool or implement having a point similar to an ice pick, a shaft at least three inches in length and a handle,
(g)
straight edge razor or razor blade fitted to a handle,
(h)
gun,
(i)
revolver,
(j)
pistol or firearm of any description,
(k)
spring or air gun or other device designed or intended to discharge any pellets, BB shot, shot or other deadly or dangerous missile, or
(l)
ammunition, cartridge, shell or other device, whether containing any explosive substance or not, designed and intended for use in any weapons
enumerated herein.
Work related uses of any of the above weapons are not prohibited under this section.
SEC. 45.02. FIREARMS – MINORS – POSSESSION OF.
No person under 18 years of age shall have in his possession, care, custody or control any article or thing mentioned in the preceding section.
SEC. 45.03. NIGHTTIME CURFEW RESTRICTIONS FOR MINORS.
(Title and Section Amended by Ord. No. 180,173, Eff. 10/5/08.)
(a)
Curfew. It is unlawful for any minor under the age of eighteen years to be present in or upon any public street, avenue, highway, road, curb area,
alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot, or unsupervised place between the
hours of 10:00 p.m. on any day and sunrise of the immediately following day.
(b)
Exceptions. The provisions of this section shall not apply when:
(1)
The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of
the minor, or by his or her spouse eighteen years of age or older; or
(2)
The minor is on an errand directed by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or
custody of the minor, or by his or her spouse eighteen years of age or older without any detour or stop; or
(3)
The minor is attending or going directly to or returning directly home from a public meeting or a place of public entertainment such as a movie,
play, sporting event, dance or school activity; or
(4)
The presence of a minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business, trade,
profession or occupation in which the minor is lawfully engaged; or
(5)
The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent
serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or
(6)
The minor is exercising the rights guaranteed by the First Amendment of the United States Constitution and by Article I, Sections 2, 3, and 4 of
the California Constitution; or
(7)
The minor is in a motor vehicle involved in interstate travel; or
(8)
The minor is emancipated in accordance with the California Family Code or other applicable state law.
(c)
Enforcement. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for
being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that
an offense has occurred and that, based on any responses and other circumstances, no exceptions to this section apply.
(d)
Severability of Provisions. If any severable provision of this ordinance or any application of the provisions is held invalid, that invalidity shall not
affect other provisions or applications of the ordinance, which can be given effect notwithstanding any invalidity.
SEC. 45.04. DAYTIME CURFEW RESTRICTIONS FOR MINORS.
(a)
Curfew. It is unlawful for any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, alone or in
concert with others, to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings,
places or amusement and eating places, vacant lots or any place open to the public during the hours of the day when the school, which the minor would normally
attend, is in session, on days when that school is in session. This section shall not apply to public sidewalks immediately adjacent to school grounds, the entrance
areas to schools, or to school grounds.
(b)
Exceptions. The provisions of this section shall not apply when:
(1)
The minor is accompanied by his or her parent, guardian, or other adult person authorized by the parent or guardian having the care or custody
of the minor; or
(2)
The minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care or custody of the minor; or
(3)
The minor is attending or going directly to or returning directly from a public meeting or an official school-sponsored sporting event, dance, or
activity which is under the direction, supervision, or control of an adult and which is organized, arranged, or sponsored by the City, a local educational
authority, or religious or civil organization that is taking responsibility for the minor; or
(4)
The minor is going directly to or coming directly from their place of gainful employment; or
(5)
The minor is going directly to or coming directly from a medical appointment; or
(6)
The minor is carrying in his or her possession a valid, school issued, off-campus permit or pass that authorizes the minor to leave the school
campus; or
(7)
The presence of the minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business,
trade, profession or occupation in which the minor is lawfully engaged; or
(8)
The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent
serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or
(9)
The minor is in a motor vehicle involved in interstate travel; or
(10)
The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any
other applicable state or federal law; or
(11)
The minor is traveling in the general direction of his or her school, regardless of whether school has already begun. If the minor is contacted
by law enforcement within a 3 block radius of his or her school within the first 60 minutes after school has begun, it establishes a rebuttable presumption that
the minor is traveling to his or her school.
(c)
Enforcement. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for
being in the public place during curfew hours. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that
an offense has occurred, that the minor is required to be in school, and that based on any responses and other circumstances, no exceptions to this section apply. The officer shall identify the time when the officer first encountered the minor, provide the minor's stated age, and articulate the justification for the citation's
issuance directly on the citation.
(d)
Penalties for Violation. A violation of this section is an infraction. The first and second violations of this section shall only be punishable by either a
requirement to provide an attendance plan to the court, developed with the minor and/or parent or appropriate guardian, or to participate in community service or
other appropriate community or school-based program for mentoring, tutoring, credit recovery, or counseling. The minor shall not be required to perform
community service or fulfill program attendance for a total time exceeding 20 hours in any 60-day period, and the hours for performance shall occur during times
other than during the minor's hours of school attendance or employment.
Third and subsequent violations of this section shall be punishable by the sanctions for a first or second violation, or may be punishable by a fine not exceeding
twenty dollars ($20.00) for any individual minor. At any time, fines may be waived due to indigence.
(e)
Severability of Provisions. If any severable provision of this ordinance or any application thereof is held invalid, that invalidity shall not affect other
provisions or applications of the ordinance which can be given effect notwithstanding such invalidity.
SEC. 45.06. MINORS’ SCHOOL BOOKS – SALE.
No person shall purchase or acquire by gift, bargain, exchange, or in any other manner, the necessary books of instruction used or prescribed for the use and
belonging to or in the possession, custody or control of any pupil, under the age of 21 years, regularly enrolled or attending any public school without first obtaining
the authorization and consent, in writing, of the parents or guardian of said pupil or the principal of the school at which said pupil is regularly enrolled or in
attendance, so to do.
SEC. 45.07. THEATERS – MINORS – HOURS OF ATTENDANCE.
(a)
No person conducting managing or carrying on the business of a moving picture exhibition shall permit or allow any person under the age of fourteen
to attend any such moving picture exhibition after the hour of nine o’ clock P.M. of any day, unless such infant be accompanied by a parent guardian or other adult
person.
(b)
No person conducting, managing or carrying on the business of a moving picture exhibition shall permit or allow any such infant to enter or attend any
such moving picture exhibition after the receipt of a notice signed by the parent or guardian of any such infant requesting that said infant be not allowed to enter or
attend any such moving picture exhibition.
SEC. 45.08. DANCING ACADEMY – WHEN INFANT MAY ATTEND.
No person conducting, maintaining or carrying on a dancing academy shall permit any person under the age of sixteen (16) years to enter, dance or be
instructed in dancing between the hours of six o’clock P.M. and twelve o’clock midnight of any day, unless such infant be accompanied by his parent, guardian or
person exercising parental control over such infant, or by any other adult person authorized in writing by the parent, guardian, or any other adult person exercising
parental control of such infant, to accompany the infant to any dancing academy.
SEC. 45.09. DANCING ACADEMY – AUTHORIZATION TO ATTEND.
The authorization referred to in the above section shall state that the person therein named may accompany the infant to such dancing academy on a date
specified therein, together with the residence address of the person executing the same.
No authorization shall be good for more than one day.
SEC. 45.10. DANCING ACADEMY – FALSE SIGNATURE IN AUTHORIZATION.
No person shall sign the name of another person to any authorization as specified in Sec. 45.09 of this article.
SEC. 45.11. DANCING ACADEMY – AUTHORIZATION – FILING OF.
It shall be the duty of the person conducting, maintaining or carrying on a dancing academy, upon presentation of authorization as required by Section 45.08
forthwith to take such authorization from the person presenting it, and keep it for the inspection of the Chief of Police and members of the Police Department, for a
period of thirty (30) days thereafter.
SEC. 45.13. DANCING ACADEMY – HOURS FOR INSTRUCTION.
No person under the age of sixteen (16) years shall enter, be, remain, dance or receive dancing instructions, in any dance academy, between the hours of six (6)
o’clock P.M. of any day and twelve o’clock midnight of the same day, unless such infant is accompanied thereto as provided for in Sec. 45.08 of this article.
SEC. 45.15. FEMALE DANCE INSTRUCTORS.
No person conducting, maintaining or carrying on a dancing academy or public dance hall shall employ or permit a female under the age of twenty-one (21)
years to give instructions in dancing therein to persons of the opposite sex.
SEC. 45.16. DANCE HALLS – ILLUMINATION.
No person conducting, maintaining or carrying on a dancing academy or public dance shall permit any instructor who is under twenty-one (21) years to give
instructions in dancing to persons of the opposite sex in an private room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the
main dance floor located upon the same floor in such dancing academy or public dance hall.
SEC. 45.17. DANCE HALLS – EXCEPTIONS.
The provisions of Sections 45.15 and 45.16 of this article shall not apply to any place wherein classic dancing is the principal subject taught.
SEC. 45.19. DISPLAY OF DRUG PARAPHERNALIA TO MINORS.
A.
Management. (Amended by Ord. No. 174,793, Eff. 10/6/02.)
1.
It shall be unlawful for any person in charge or control of any business establishment where drug paraphernalia is displayed for sale, offered for
sale or sold, to knowingly allow or permit a minor, not accompanied by one or both of his or her parents or by his or her legal guardian, to enter and remain
within any business establishment where drug paraphernalia is displayed for sale, offered for sale or sold.
2.
It shall be unlawful for any person in charge or control of a business establishment where drug paraphernalia is displayed for sale, offered for
sale, or sold, to fail to display and maintain or fail to cause to be displayed and maintained, at least one sign stating that a minor may not enter unless
accompanied by one or both of his or her parents or by his or her legal guardian. These signs shall be placed in a conspicuous location near each public
entrance to the business establishment where drug paraphernalia is displayed for sale, offered for sale, or sold.
3.
In the event a substantial number of the public invitees or patrons of a business establishment where drug paraphernalia is displayed for sale,
offered for sale or sold, uses a language other than English as a primary language, any sign required pursuant to this section shall be worded in both English
and the language or languages involved.
B.
Minors. In the event a sign or signs have been posted as required by Subsection A above, it shall be unlawful for a minor to enter any business
establishment where drug paraphernalia is displayed for sale, offered for sale or sold, unless a minor is accompanied by one or both of his or her parents or by his or
her legal guardian. (Amended by Ord. No. 174,793, Eff. 10/6/02.)
C.
Definitions.
1.
“Drug paraphernalia,” including but not limited to one or more of those items identified in that list set forth in Subdivision 3 hereinbelow,
shall mean any device designed primarily for use by individuals for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other
“controlled substance,” as that term is defined in the Health and Safety Code of the State of California.
2.
A device “designed primarily for” such smoking or ingestion set forth in Subdivision 1 above is a device which has been fabricated,
constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled
substance,” and is peculiarly adapted to such purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia,
notwithstanding that it might also be possible to use such service for some other purpose.
3.
Includable Items or Devices:
(a)
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured
metal bowls;
(b)
A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be
accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a
“bong,” or otherwise;
(c)
A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and
is cooled in the process of being inhaled or ingested;
(d)
A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;
(e)
A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas,
whether the device is known as a “buzz bomb,” or otherwise;
(f)
A canister, container or other device with a tube, nozzle or other similar arrangement attached thereto so constructed as to permit the
forcing of smoke accumulated therein into the user’s lungs under pressure;
(g)
A device for holding a cigarette, whether the device is known as a “roach clip,” or otherwise;
(h)
A spoon for ingestion through the nose;
(i)
A straw or tube for ingestion through the nose or mouth.
SEC. 45.19.5. RESTRICTIONS ON LOCATIONS WHERE DRUG PARAPHERNALIA MAY BE SOLD.
A.
Purpose. Regulating the location where business establishments that display or offer for sale drug paraphernalia is a reasonable and necessary means
to protect and promote the general welfare of the children and minors of the City of Los Angeles exposed to illegal drugs.
The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of
illegal drugs by children and minors by limiting their exposure to drug paraphernalia.
B.
Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section. Words and phrases not
defined here shall be construed as defined in Sections 11.01, and 12.03 of this Code.
1.
“Drug paraphernalia,” including but not limited to one or more of those items identified in that list set forth in Subdivision 3 below, shall
mean any device designed primarily for use by individuals for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled
substance,” as that term is defined in the Health and Safety Code of the State of California.
2.
A device “designed primarily for” the smoking or ingestion set forth in Subdivision 1 above is a device, which has been fabricated,
constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of marijuana, hashish, hashish oil, cocaine, or any other “controlled
substance,” and is peculiarly adapted to that purposes by virtue of a distinctive feature or combination of features associated with drug paraphernalia,
notwithstanding that it might also be possible to use the device for some other purpose.
3.
Includable Items or Devices:
(a)
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent or otherwise, heads, or punctured
metal bowls;
(b)
A device constructed so as to prevent the escape of smoke into the air and to channel smoke into a chamber where it may be
accumulated to permit inhalation or ingestion of larger quantities of smoke than would otherwise be possible, whether the device is known as a
“bong,” or otherwise;
(c)
A smokable pipe constructed with a receptacle or container in which water or other liquid may be placed into which smoke passes and
is cooled in the process of being inhaled or ingested;
(d)
A smokable pipe which contains a heating unit, whether the device is known as an “electric pipe,” or otherwise;
(e)
A device constructed so as to permit the simultaneous mixing and ingestion of smoke and nitrous oxide or other compressed gas,
whether the device is known as a “buzz bomb,” or otherwise;
(f)
A canister, container or other device with a tube, nozzle or other similar arrangement attached and so constructed as to permit the forcing
of accumulated smoke into the user’s lungs under pressure;
(g)
A device for holding a cigarette, whether the device is known as a “roach clip,” or otherwise;
(h)
A spoon for ingestion through the nose; (i)
A straw or tube for ingestion through the nose or mouth.
4.
“Public Library” - A place in which literary, musical, artistic, or reference materials, such as books, manuscripts, newspapers, recordings, or
films, are kept for use but not for sale, which is under the control, operation or management of the City Board of Library Commissioners.
5.
“Public Park” - A park, playground, swimming pool, beach, pier, reservoir, golf course or similar athletic field within the City of Los Angeles,
which is under the control, operation or management of the City Board of Recreation and Park Commissioners or the County Department of Beaches. 6.
“Religious Institution” - A building that is used primarily for religious worship and related religious activities.
7.
“Schools” - An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the
California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten,
elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include
a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
C.
Prohibitions. 1.
No person shall operate a business establishment where drug paraphernalia is displayed for sale, offered for sale or sold, within 500 feet of any
school, religious institution, public library or public park.
2.
The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of a school, religious
institution, public library or public park to the closest exterior structural wall of the business establishment without regard to intervening structures.
ARTICLE 5.1
MEDICAL MARIJUANA COLLECTIVE
Section
45.19.6
45.19.6.1
45.19.6.2
45.19.6.3
45.19.6.4
45.19.6.5
45.19.6.6
45.19.6.7
45.19.6.8
45.19.6.9
Purposes and Intent.
Definitions.
Registration.
Regulations.
Maintenance of Records.
Audits and Testing.
Inspection and Enforcement Responsibilities.
Existing Medical Marijuana Operations.
Compliance with this Article and State Law.
Violation and Enforcement.
SEC. 45.19.6. PURPOSES AND INTENT.
(Article and Section Added by Ord. No. 181,069, Eff. 3/14/10*.)
*Note: See Sec. 3 of this ordinance, as clarified by Sec. 10 of Ord. No. 181,157, regarding the effective date.
It is the purpose and intent of this article to regulate the collective cultivation of medical marijuana in order to ensure the health, safety and welfare of the
residents of the City of Los Angeles. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the
California Health and Safety Code (collectively referred to as "State Law") do not interfere with a patient's right to use medical marijuana as authorized under State
Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Medical marijuana
collectives shall comply with all provisions of the Los Angeles Municipal Code ("Code"), State Law, and all other applicable local and state laws. Nothing in this
article purports to permit activities that are otherwise illegal under state or local law.
SEC. 45.19.6.1. DEFINITIONS.
(Added by Ord. No. 181,069, Eff. 3/14/10*.)
A.
The following phrases, when used in this article, shall be construed as defined in California Health and Safety Code Sections 11006.5, 11018, 11362.5
and 11362.7:
"Attending physician";
"Concentrated Cannabis";
"Identification card";
"Marijuana";
"Person with an identification card";
"Primary caregiver"; and
"Qualified patient".
B.
The following phrases, when used in this article, shall be construed as defined below. Words and phrases not defined here shall be construed as defined
in Sections 11.01, 12.03, 45.19.5, 45.21, and 56.45 of this Code.
"Location". The lot or portion of a lot that is used by a medical marijuana collective.
"Medical marijuana". Marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.
"Medical marijuana collective" ("collective"). An incorporated or unincorporated association, composed solely of four or more qualified patients,
persons with identification cards, and designated primary caregivers of qualified patients and persons with identification cards (collectively referred to as
"members") who associate at a particular location to collectively or cooperatively cultivate marijuana for medical purposes, in strict accordance with
California Health and Safety Code Sections 11362.5, et seq.
"Member engaged in the management". A member with responsibility for the establishment, organization, registration, supervision, or oversight of
the operation of a collective, including but not limited to members who perform the functions of president, vice president, board member, director, owner,
operating officer, financial officer, secretary, treasurer, or manager of the collective.
"Private medical record". Documentation of the medical history of a qualified patient or person with an identification card. "Private medical record"
shall not include the recommendation of an attending physician or doctor for the medical use of marijuana, an identification card, or the designation of a
primary caregiver by a qualified patient or by a person with an identification card.
"Reasonable compensation". Compensation commensurate with reasonable wages and benefits paid to employees of IRS-qualified non-profit
organizations who have similar job descriptions and duties, required level of education and experience, prior individual earnings history, and number of
hours worked. The payment of a bonus shall not be considered "reasonable compensation".
"Youth Center". A building, other than a private residence or a multiple dwelling unit, where the primary use is the administration of programs which
provide, on a regular basis, activities or services to persons who have not yet reached the age of 18 years with or without the attendance of their family
members and the building has a validly issued building permit or Certificate of Occupancy from the Department of Building and Safety for the use of a
youth center. (Added by Ord. No. 181,157, Eff. 6/7/10.)
SEC. 45.19.6.2. REGISTRATION.
A.
Registration Required. No collective shall operate until after it has filed a registration form in accordance with the provisions of this article, has paid
any adopted registration fees, and its registration has been accepted as complete by the Department of Building and Safety.
B.
Maximum Number of Collectives.
1.
The maximum number of collectives in the City shall be capped at 70. However, there may be fewer than 70 collectives if sufficient locations
do not exist consistent with Section 45.19.6.3 A.2. of this article for 70 collectives. To the fullest extent that locations consistent with Section 45.19.6.3 A.2.
of this article exist, the 70 collectives shall be proportionally distributed by Community Plan Area, based on each Community Plan Area's percentage share
of the City's total Community Plan Area population, as estimated by the Department of City Planning as of October 1, 2008, as shown on Table 1, below:
TABLE 1
Community Plan Area (“CPA”)
Arleta - Pacoima
Bel Air - Beverly Crest
Boyle Heights
Brentwood - Pacific Palisades
Canoga Park - West Hills - Winnetka - Woodland Hills
Central City
Central City North
Chatsworth - Porter Ranch
Encino - Tarzana
Granada Hills - Knollwood
Harbor Gateway
Hollywood
Population
105,238
21,659
92,626
57,513
185,670
31,900
32,835
96,251
74,820
60,843
42,075
226,137
Pct of
Total
2.63%
0.54%
2.31%
1.44%
4.64%
0.80%
0.82%
2.40%
1.87%
1.52%
1.05%
5.65%
# of
MMCs
2
0
2
1
3
0
1
2
1
1
1
4
Mission Hills - North Hills - Panorama City
North Hollywood - Valley Village
Northeast Los Angeles
Northridge
Palms- Mar Vista - Del Rey
Reseda - West Van Nuys
San Pedro
Sherman Oaks - Studio City - Toluca Lake - Cahuenga Pass
Silverlake - Echo Park
South Los Angeles
Southeast Los Angeles
Sun Valley - La Tuna Canyon
Sunland - Tujunga - Lakeview Terrace - Shadow Hills - East La Tuna
Canyon
Sylmar
Van Nuys - North Sherman Oaks
Venice
West Adams - Baldwin Hills- Leimert Park
West Los Angeles
Westchester - Playa Del Rey
Westlake
Westwood
Wilmington - Harbor City
Wilshire
Total CPA Population as of Oct. 1, 2008
145,551
149,245
258,188
67,415
122,666
106,125
81,921
79,028
82,008
275,400
274,583
93,228
3.64%
3.73%
6.45%
1.68%
3.06%
2.65%
2.05%
1.97%
2.05%
6.88%
6.86%
2.33%
3
3
5
1
2
2
1
1
1
5
5
2
62,644
1.56%
1
79,741
168,987
40,943
182,584
77,012
54,441
120,476
53,491
80,991
317,248
4,001,483
1.99%
4.22%
1.02%
4.56%
1.92%
1.36%
3.01%
1.34%
2.02%
7.92%
100%
1
3
1
3
1
1
2
1
1
6
70
2.
Notwithstanding the maximum number of collectives described above, every medical marijuana collective, dispensary, operator, establishment, or
provider that (1) was operating in the City on or before September 14, 2007, as proven through three or more of the following dated records in existence in
the name of the collective or one of its current owners for the collective's location as of September 14, 2007: (a) City of Los Angeles tax registration
certificate, (b) State Board of Equalization seller's permit, (c) property lease, (d) business insurance, (e) collective membership forms, and (f) bill issued by a
utility, and one of which must be a City of Los Angeles tax registration certificate, a State Board of Equalization's seller's permit, or a utility bill; (2) proves
through documentary evidence that it has operated continuously at its September 14, 2007 location, except that its continuous operation may have been
disrupted by one move of location as a result of an enforcement letter from a federal governmental entity or by closure as a result of an enforcement letter
from the City; (3) proves through documentary evidence that it has been continuously owned, in whole or in part, by at least one of its owners since
September 14, 2007, or, as confirmed through documentary evidence, meets all of the following: (a) registered as a California non-profit corporation prior to
the June 7, 2010 effective date of this article, (b) has been in good standing at all times since its incorporation, and (c) its chief executive officer, secretary, or
chief financial officer identified in its Statement of Information, as filed most recently with the California Secretary of State prior to the June 7, 2010
effective date of this article, was one of its owners as of September 14, 2007; (4) has not been cited for a nuisance or public safety violation of State or local
law; and (5) complies currently or identifies to the City during the preinspection process a new operating location that meets all of the distance requirements
of Section 45.19.6.3 A.2. of this article, may be eligible to register and operate if it immediately complies with all provisions of State Law, is assigned a
priority order pursuant to the City Clerk's drawing in accordance with Section 45.19.6.2 C.1., satisfies all preinspection and registration requirements of this
article, and within 540 days after the June 7, 2010 effective date of this article completes its compliance in full with each provision of this article. (First
Sentence Amended by Ord. No. 181,530, Eff. 1/28/11.) Any collectives allowed to register and operate in excess of 70 shall also be proportionally
distributed by Community Plan Area, based on each Community Plan Area's percentage share of the City's total Community Plan Area population, as
estimated by the Department of City Planning as of October 1, 2008 on Table 1, above. In determining the number of collectives allowed in each
Community Plan Area, the Department of City Planning shall apply these percentages to the total number of collectives that file their intent to register with
the City Clerk pursuant to Subsection C.1., below. (Amended by Ord. No. 181,704, Eff. 5/13/11.)
3.
The total population of the City, the population of the Community Plan Areas, and whether the citywide and Community Plan Area caps meet
the needs of qualified patients, persons with identification cards, and their primary caregivers may be reviewed and the caps may be amended by ordinance
after notice and hearing by the City Council. Nothing contained in this article shall be interpreted or deemed to grant or guarantee to any collective,
including but not limited to those that meet the requirements set forth in Section 45.19.6.2 B.2. and those granted a priority order pursuant to Section
45.19.6.2 C., the ability to find a location in the Community Plan Area of its choice or within the City more generally that complies with the preinspection
requirements set forth in Section 45.19.6.3 since the requirements for each collective, including, but not limited to its address and square footage, as well as
its ability to find a willing lessor and to pay rent, are attributes unique to each collective and are beyond the control of the City. (Amended by Ord. No.
181,530, Eff. 1/28/11.)
C.
Priority Order.
1.
All collectives that meet the requirements set forth in Paragraph 2. of Subsection B. above, including but not limited to those collectives that
submitted their notice of intention to register and paid all required fees under this article in June 2010, shall: (a) personally deliver to the Office of the City
Clerk no earlier than ten business days and no later than fifteen business days after the effective date of this Temporary Urgency Ordinance: (1) notice of
their intention to register under this article, and (2) all required and additionally offered documents, including such forms as may be prescribed by the City
Clerk, each under penalty of perjury, that prove that the collective satisfies each of the provisions of Paragraph 2. of Subsection B., and (b) pay a fee of
$324.00 to the City Clerk and a fee of $151.00 to the Los Angeles Police Department for each owner and/or member engaged in the management, in order to
continue to be considered for preinspection pursuant to Subsection D., below. However, no collective may file their notice of intent with the City Clerk or
continue to be considered for preinspection if one or more of its owners or members engaged in its management were convicted currently or within the
previous ten years of a felony or a crime of moral turpitude, or are currently on parole or probation for the sale or distribution of a controlled substance. A
collective that fully and timely registered with the City under Interim Control Ordinance No. 179,027, as determined by the City Clerk or the Los Angeles
Superior Court, shall be deemed to have satisfied both the operating date of September 14, 2007 and the provision of the documents required by
subparagraph (1) of Paragraph 2. of Subsection B., and shall not resubmit those documents. A collective that fully and timely submitted its notice of
intention to register and paid all required fees under this article in June 2010 shall be deemed to have satisfied the requirements of this paragraph for
payment of fees, and shall not repay those fees. As soon as practical after receipt of all notices of intent to register, the City Clerk shall notify each
collective, by mail to the collective's location and by posting on the website of the City Clerk, whether it has satisfied all requirements of Sections 45.19.6.2
B.2 and 45.19.6.2 C.1 and is therefore eligible or ineligible to continue to be considered for preinspection and registration, and shall hold a drawing of all
eligible collectives for the purpose of selecting those collectives that shall proceed to preinspection. The names of the eligible collectives shall be drawn, up
to a maximum of 100 names, and only these collectives shall proceed to preinspection by the Department of Building and Safety in the priority order in
which their names were drawn by the City Clerk. Eligible collectives whose names are not selected may not start the preinspection and registration process,
but may enter any future drawing conducted in accordance with Subsection C.2., below. (Amended by Ord. No. 181,530, Eff. 1/28/11.)
The City Clerk's determinations of eligibility, ineligibility, and priority order pursuant to this Temporary Urgency Ordinance shall be final and shall be
based exclusively on the required forms and documentary proof submitted under penalty of perjury by the collective pursuant to this section, and upon such
other government or utility records as may be obtained by the City Clerk that support or contradict the documents submitted by the collective. Any
collective that disputes the City Clerk's decision that it is ineligible to continue to be considered for preinspection and registration shall personally deliver its
notice of challenge to the City Clerk within five business days after the date on which the City Clerk posted its determination of the collective's ineligibility
on its website. Late challenges will not be accepted. The notice of challenge must be signed under penalty of perjury by the collective. The names of all
collectives who submit such challenges shall be provisionally added to the names of eligible collectives for the initial drawing of 100 collective names by the
City Clerk. If at any time thereafter a court agrees with the City Clerk's original determination of ineligibility of the collective, the collective shall be
removed from any and all City priority order and preinspection lists, shall be disqualified from all further participation in the original and any subsequent
drawings, priority order, preinspection, and registration processes for those collectives determined to be eligible under this subsection, and shall immediately
cease operation pursuant to Section 45.19.6.7. (Amended by Ord. No. 181,530, Eff. 1/28/11.)
2.
If at any time after 540 days following the June 7, 2010 effective date of this article, the total number of registered collectives in the City falls
below 70, the City Clerk shall hold, at such time as the City Clerk determines in its sole discretion, additional drawings for the purpose of determining the
priority order in which the Department of Building and Safety will consider preinspection and registration of additional collectives. Each such drawing shall
select the number of collective names for preinspection that would bring the total number of registered collectives in the City to 70, and shall select only
from the names of eligible collectives that were not previously drawn pursuant to Subsection C.1. above, until all such eligible collective names have been
drawn. Once all of the eligible collective names have been drawn, any collective that notifies the City Clerk within one week after the publication of the date
of a priority drawing and pays a fee of $50.00 to the City Clerk and a fee of $151.00 to the Los Angeles Police Department for each owner and/or member
engaged in the management shall be eligible to participate in the drawings. However, no collective may participate in a drawing if one or more of its owners
or members engaged in its management were convicted currently or within the previous 10 years of a felony or a crime of moral turpitude, or are currently
on parole or probation for the sale or distribution of a controlled substance. (Amended by Ord. No. 181,704, Eff. 5/13/11.)
The City Clerk shall: create the entry form for participation in the drawings; set the deadline for submittal of all entry forms; establish and publish the
drawings' dates, times, and places; publish the results of all drawings; and have the authority to promulgate additional drawing rules and regulations. All
such rules and regulations shall be published once in a daily newspaper of general circulation in the City, and shall take effect upon publication. A member
engaged in the management of the collective must be present at a drawing in order for the collective to participate.
The order established by the City Clerk in the drawing shall be used by the Department of Building and Safety to determine the order in which the
Department of Building and Safety will conduct preinspections pursuant to Subsection D., below, of the collectives that are eligible to register pursuant to
this subdivision.
D.
Preinspection. A collective that is eligible to apply for preinspection pursuant to Subsections B. or C., above, may thereafter apply to the Department
of Building and Safety for preinspection to verify compliance with the standards set forth in Section 45.19.6.3 A. of this article. The collective shall provide the
address of the proposed collective location; the name, telephone number, and address of a person authorized to accept service of process for the collective; the
name(s), telephone number(s), and address(es) of each member engaged in the management of the collective; and a 1,000-foot radius map signed by a licensed civil
engineer, architect or land surveyor, that locates and identifies all sensitive uses set forth in Section 45.19.6.3 A.2. of this article. A preinspection fee pursuant to
Section 91.107.3.2 of this Code, plus a research fee for a minimum of three hours of time pursuant to Section 98.0415(f) of this Code, and a registration fee of
$688.00 plus any applicable surcharges, shall be paid to the Department of Building and Safety at the time of a request for preinspection. The Department of
Building and Safety shall proceed by priority order within each Community Plan Area to evaluate the compliance of the proposed collectives with the requirements
of Section 45.19.6.3 A. of this article. Once the Department of Building and Safety has determined that the maximum number of collectives authorized by
Subsection B. of this section complies, the Department of Building and Safety shall stop determining the compliance of more collectives. Any collective not in
compliance with the requirements of Section 45.19.6.3 A. of this article, as determined by the Department of Building and Safety, or not considered for compliance
because the cap had already been met, shall be notified by the Department of Building and Safety that it is disqualified from the preinspection and registration
process and that it may enter any future drawing conducted in accordance with Subsection C., above. (Amended by Ord. No. 181,157, Eff. 6/7/10.)
E.
Notice of Preinspection. Prior to accepting a request for preinspection, the Department of Building and Safety shall require proof that the collective has
provided written notice to the Police Department, all property owners and occupants within and outside the City that are within 1,000 feet of the exterior boundaries
of the location, and to the City Council member of the district in which the collective is proposed to be located, the Certified Neighborhood Council, and any
Business Improvement District ("BID") representing the area in which the collective is located, of: the preinspection request; the proposed location of the collective;
the name, telephone number, and address of a person authorized to accept service of process for the collective; the name(s), telephone number(s), and address(es) of
each member engaged in the management of the collective; and the onsite telephone number at the collective and the name of the member engaged in the
management of the collective who is responsible for receiving, logging, and responding to complaints regarding the collective. This notification shall be sent by
certified mail, postage prepaid, and return receipt requested. Notices to property owners shall be sent to the last known name and address as shown on the records
of the City Engineer or the records of the County Assessor; notices to occupants of all residential, commercial and industrial property can be mailed to "occupant". Proof of mailing shall be established if the collective files an affidavit of mailing with the Department of Building and Safety certifying the date on which the notice
was sent, a copy of the notice, and a complete list of the names and addresses where the notice was sent. (Amended by Ord. No. 181,595, Eff. 4/10/11.)
F.
Registration Form. (Amended by Ord. No. 181,157, Eff. 6/7/10.) Upon receipt of a Department of Building and Safety pre-inspection report
verifying compliance with the standards set forth in Section 45.19.6.3 A. of this Article, the collective shall file a registration form with the Department of Building
and Safety. The registration form shall require the following accurate and truthful information: the address and physical description (e.g., one-story commercial
building, etc.) of the proposed location at and upon which the collective will be located; the name, telephone number, and address of a person authorized to accept
service of process for the collective; the name(s), telephone number(s), and address(es) of each member engaged in the management of the collective; the onsite
telephone number at the collective and the name of the member engaged in the management of the collective who is responsible for receiving, logging, and
responding to complaints regarding the collective; and any other information reasonably required to show that the collective complies with this Article. In addition,
the registration form shall confirm the consent by the collective, without requirement for a search warrant, subpoena or court order, for the inspection and copying
by the Police Department of the recordings and records required to be maintained under Sections 45.19.6.3, 45.19.6.4, and 45.19.6.5 of this Article, except that
private medical records shall be made available by the collective to the Police Department only pursuant to a properly executed search warrant, subpoena, or court
order.
The collective shall file an updated registration form quarterly, but only if there were changes during the previous quarter to any of the information provided in
the initial registration form or any change in status of compliance with the regulations set forth in Section 45.19.6.3 of this Article. Each updated registration form
shall be accompanied by a fee of $140.00 plus any applicable surcharges. If an enforcement action has been filed against the collective for any violation of this
Article, the updated registration form shall include the names of all of the members of the collective. A change of location cannot be accomplished by an updated
registration form, but shall instead require a new pre-inspection and registration. Each and every member who is engaged in the management of the collective shall
print his or her name and sign the initial registration form and any subsequent updated registration form, under penalty of perjury certifying that all information
contained in the registration form is true and correct. It shall be the sole responsibility of the members engaged in the management of the collective to ensure that
all forms and documents are submitted as required by this Article and that the information provided is accurate, complete and timely submitted. A collective cannot
operate under an updated registration until the updated registration has been filed with the Department of Building and Safety and the appropriate fee has been paid.
G.
Additional Registration Documents. As attachments to the original and any subsequently updated registration form, the collective shall provide to
the Department of Building and Safety: (1) proof that the property owner of the location, and landlord if applicable, was given written notice sent by certified mail,
postage prepaid, and return receipt requested that the collective intends to file the registration form and that the owner of the location, and landlord if applicable, has
received a copy of the information contained in the registration form; (2) for each member engaged in the management of the collective, a fully legible copy of one
government-issued form of identification, such as a social security card, a state driver's license or identification card, or a passport; and (3) the collective's
Certificate of Occupancy within 10 days of issuance.
H.
Registration Timetables. All collectives that meet the requirements described in Subsection B., above, shall comply with the following timetable: (1)
they shall notify the City Clerk of their intent to register under this article within one week after the effective date of this ordinance; (2) they shall complete their
preinspection obligations under Subsections D. and E., above, within thirty (30) days after receiving priority under Subsection C., above, to apply for preinspection;
and (3) they shall comply in full with all registration and other provisions of this article within 540 days after the effective date of this ordinance. All other
collectives shall comply with the following timetable: (1) they shall notify the City Clerk of their intent to register under this article within one week after the
publication by the City Clerk of the date of a priority drawing that will be conducted because the total number of registered collectives in the City has fallen below
70; and (2) they shall complete their preinspection obligations under Subsections D. and E., above, within thirty (30) days after receiving priority order under
Subsection C., above, to apply for preinspection; and (3) they shall comply in full with all registration and other provisions of this article within 180 days after the
publication by the City Clerk of the date of a priority drawing that will be conducted because the total number of registered collectives in the City has fallen below
70. A collective that does not comply with its applicable timetable shall be disqualified from further participation in the registration process. (Amended by Ord.
No. 181,704, Eff. 5/13/11.)
For the purposes of this subsection, a collective shall be in compliance with Section 45.19.6.3 A. of this article if it has obtained all required building permit(s)
and the permit(s) is valid and has not been expired by the Department of Building and Safety pursuant to the provisions of Section 98.0602 of the Code. Notwithstanding the provisions of Section 12.26 A.3. of the Code, the submission of plans sufficient for a complete plan check and the payment of a fee shall not
confer a vested right to establish a collective. The provisions of Section 91.106.4.3.1 of this Code shall apply to any building permit issued for a collective.
I.
Completed Registration. The Department of Building and Safety, after verification that all required fees have been paid, shall mail proof of a
completed registration and any subsequent updated registration to the person authorized to accept service of process on behalf of the collective, to the owner of the
location, the City Council member of the district in which the collective is located, the Certified Neighborhood Council, and to any applicable Business
Improvement District ("BID") in which the collective is located.
J.
Term of Registration/Renewal. Each registration shall expire two years from the date the Department of Building and Safety mails proof of the
completed registration to the person authorized to accept service of process on behalf of the collective. A collective that has operated at all times in strict
compliance with this article may seek to renew its registration 90 days prior to the registration's expiration. The process for renewal of the registration shall be the
same as the process for the original registration as set forth in this section except that any and all applicable 360-day deadlines to comply shall be reduced to 90
days to comply. Upon registration expiration without renewal, the collective shall cease all operations. (Amended by Ord. No. 181,530, Eff. 1/28/11.)
K.
Registration Null and Void. A registration accepted as complete under this article shall become null and void upon the cessation of marijuana
cultivation at the location for 90 days or longer, upon the relocation of the collective to a different location, upon conviction of the collective or any of its members
for a violation of a provision of this article, or two years after the issuance of the registration as set forth in Subsection I., above, if not renewed. (Amended by
Ord. No. 181,530, Eff. 1/28/11.)
L.
No Vested or Nonconforming Rights. No registration or building permit issued pursuant to this article shall confer vested or nonconforming rights
upon anyone, including but not limited to the collective, its owners, its management, its members, or the property owner of its location, to the continued operation
of a collective at the location at any time after the expiration of the registration of the collective. (Added by Ord. No. 181,530, Eff. 1/28/11.)
SEC. 45.19.6.3. REGULATIONS.
The location at or upon which a collective cultivates and provides medical marijuana to its members must meet the following requirements:
A.
Preinspection Requirements.
1.
The location shall comply with the provisions of Chapter I and IX of the Code;
2.
The location of the collective shall comply with the following distance requirements:
a.
No collective shall be located within a 1,000-foot radius of a school, public park, public library, religious institution, licensed child care
facility, youth center, substance abuse rehabilitation center, or any other medical marijuana collective(s). The distances specified in this paragraph
shall be the horizontal distance measured in a straight line from the property line of the school, public park, public library, religious institution,
licensed child care facility, youth center, substance abuse rehabilitation center, or other medical marijuana collective(s), to the closest property line of
the lot on which the collective is located without regard to intervening structures. This provision shall not apply to a collective that is also a licensed
residential medical or eldercare facility; and
b.
No collective shall be located on a lot abutting, across the street or alley from, or having a common corner with a residentially zoned lot
or a lot improved with a residential use, including a mixed use residential building. This provision shall not apply to a collective that is also a
licensed residential medical or eldercare facility;
3.
Exterior building lighting and parking area lighting for the location must be in compliance with Sections 93.0104, 93.0107 and 93.0117 of the
Code. In addition, the location shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the lot with an illumination of
not less than 1.5 foot-candles evenly distributed as measured at floor level, except that a licensed residential medical or eldercare facility shall not be
required to comply with this provision;
4.
No interior illumination of any exterior signs or any interior signs visible from the exterior shall be allowed;
5.
Windows and roof hatches of the building or portion of the building where the collective is located shall be secured from the inside with bars so
as to prevent unauthorized entry, and shall be equipped with latches that may be released quickly from the inside to allow exit in the event of emergency in
compliance with all applicable building code provisions;
6.
Exterior doors to the collective shall remain locked from the outside to prevent unauthorized ingress to the premises of the collective. Ingress
shall be allowed by means of a remote release operated from within the premises of the collective. In all cases, doors shall remain openable from the inside
to allow egress without the use of a key or special knowledge. If installed, access-controlled egress doors shall comply with Section 1008.1.3.4 of the
California Building Code;
7.
A sign shall be posted in a conspicuous location inside the structure at the location advising: "This collective is registered in accordance with
the laws of the City of Los Angeles. The sale of marijuana and the diversion of marijuana for non-medical purposes are violations of State law. The use of
marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery. Loitering at the location of a medical marijuana collective for
an illegal purpose is prohibited by California Penal Code Section 647(h)"; and
8.
A sign shall be posted at the entrance to the location containing the name and functioning telephone number of a 24-hour on-call member
engaged in the management of the collective who shall receive, log, and respond to complaints and other inquires on behalf of the collective.
B.
Conditions of Operation.
1.
The location shall be monitored at all times by web-based closed-circuit television for security purposes. The camera and recording system must
be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the
location. The recordings shall be maintained for a period of not less than ninety days and shall be made available by the collective to the Police Department
upon request;
2.
The location shall have a centrally-monitored fire and burglar alarm system and the building or the portion of the building where the collective
is located shall contain a fire-proof safe;
3.
No cultivation of medical marijuana at the location shall be visible with the naked eye from any public or other private property, nor shall
cultivated marijuana or dried marijuana be visible from the building exterior. No cultivation shall occur at the location unless the area devoted to the
cultivation is secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry;
4.
No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed;
5.
No collective shall be open or provide medical marijuana to its members between the hours of 8:00 p.m. and 10:00 a.m. This prohibition shall
not apply to a qualified patient's use of marijuana for his or her own medical needs if the qualified patient's permanent legal residence is the location;
6.
No collective shall operate for profit. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members
towards the collective's actual expenses of the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict
compliance with State Law. All such cash and in-kind amounts and items shall be fully documented in accordance with Section 45.19.6.4 of this article;
7.
No persons under the age of eighteen shall be allowed at the location, unless that minor is a qualified patient or person with an identification card
and accompanied by his or her licensed attending physician, parent or documented legal guardian;
8.
No collective shall possess more dried marijuana or plants per member other than the amounts permitted pursuant to State Law. No collective
shall possess or provide marijuana other than marijuana that was cultivated by the collective in strict accordance with State Law and this article;
9.
The light fixtures required in Section 45.19.6.3 A.3., above, shall be turned on from dusk to dawn;
10.
No collective may provide medical marijuana to any persons other than its members who participate in the collective cultivation of marijuana at
or upon the location of that collective. No medical marijuana provided to a primary caregiver may be supplied to any person(s) other than the primary
caregiver's qualified patient(s) or person(s) with an identification card;
11.
location;
No collective shall cause or permit the sale, dispensing, or consumption of alcoholic beverages at the location or in the parking area of the
12.
No dried medical marijuana shall be stored in buildings that are not completely enclosed, or stored in an unlocked vault or safe, or other
unsecured storage structure; nor shall any dried medical marijuana be stored in a safe or vault that is not bolted to the floor or structure of the facility;
13.
Medical marijuana may not be inhaled, smoked, eaten, ingested, or otherwise consumed at the location, in the parking areas of the location, or
in those areas restricted under the provisions of California Health and Safety Code Section 11362.79. This prohibition shall not apply to a qualified patient's
use of marijuana for his or her own medical needs if the qualified patient's permanent legal residence is the location, nor shall this prohibition limit the
exceptions provided in local and state law that permit smoking in designated areas within licensed residential medical and eldercare facilities;
14.
Only members of the collective may be engaged in the management of the collective. A person who has been convicted currently or within the
previous ten years of a felony or a crime of moral turpitude, or who is currently on parole or probation for the sale or distribution of a controlled substance,
as determined by the Police Department, shall not be engaged directly or indirectly in the management of the collective and, further, shall not manage,
handle, or benefit from the receipts and expenses of the collective. Verification shall be processed and received by the Police Department in accordance
with the State of California Department of Justice guidelines. All requests for verification shall be accompanied by a processing fee of $151.00 for each
owner and/or member engaged in the management. No person may be engaged in the management of more than one collective located within the City; (Amended by Ord. No. 181,157, Eff. 6/7/10.)
15.
No qualified patient, person with an identification card, or primary caregiver may be a member, at the same time, of more than one collective
located within the City, except that in the event of a medical emergency, a qualified patient, person with an identification card, or primary caregiver may
obtain medical marijuana sufficient to meet that medical emergency from another collective located within the City. In addition to all other required
documentation, for a medical emergency, the qualified patient, person with an identification card, or primary caregiver shall provide written proof of the
medical emergency and, as applicable, his or her attending physician or doctor recommendation, identification card, and, in the case of a primary caregiver,
the patient designation to both the member's collective and to the collective that is distributing the emergency medical marijuana. This written
documentation shall be maintained in the records of both collectives;
16.
Collectives shall not store more than $200.00 in cash overnight at the location and shall make twice daily bank drops that include all cash
collected on that day;
17.
Collectives shall provide a state-licensed and uniformed security guard patrol for a two-block radius surrounding the location during all hours of
operation. Security guards shall not possess firearms or tasers;
18.
Collectives shall operate and maintain an onsite 24-hour telephone number at the collective for receiving complaints and other inquiries
regarding the collective. A member engaged in the management of the collective shall be responsible for receiving, logging, and responding to these
complaints and other inquires. The log shall be maintained in the records of the collective; and
19.
collective.
The results of the testing performed pursuant to Section 45.19.6.5 of this article shall be posted in a prominent location in the interior of the
SEC. 45.19.6.4. MAINTENANCE OF RECORDS.
A.
A medical marijuana collective shall maintain records at the location accurately and truthfully documenting: (1) the full name, address, and telephone
number(s) of the owner, landlord and/or lessee of the location; (2) the full name, address, and telephone number(s) of all members who are engaged in the
management of the collective and the exact nature of each member's participation in the management of the collective; (3) for patient members, either: (a) a copy of
the patient member's Identification Card, or (b) a copy of the patient member's valid government-issued identification and attending physician's or doctor's
recommendation; (4) for primary caregiver members, a copy of every written designation(s) by the primary caregiver's qualified patient(s) and either: (a) a copy of
the primary caregiver member's Identification Card, or (b) a copy of the primary caregiver member's valid government issued identification; (5) written
documentation of all circumstances under which the collective provided medical marijuana to a non-member, including but not limited to the recipient's full name,
address, and telephone number, amount of medical marijuana received, and medical emergency justification; (6) all receipts of the collective, including but not
limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the
cultivation of medical marijuana; (7) an inventory record documenting the dates, amounts, and content testing results of all marijuana cultivated by the collective,
including the amounts of marijuana stored at the location at any given time; (8) a log documenting each transfer of marijuana reflecting the amount transferred, the
date transferred, and the full name or Identification Card of the member to whom it was transferred; (9) a log documenting the date, nature, and response by the
collective to all complaints received by the collective pursuant to Section 45.19.6.3 B.18. of this article; (10) a copy of the annual audit reports required pursuant to
Section 45.19.6.5 A. of this article; (11) the testing log required to be maintained pursuant to Section 45.19.6.5 C. of this article; and (12) proof of registration with
the Department of Building and Safety in conformance with Section 45.19.6.2 of this article, including evidence of an accepted registration form.
B.
All records required by Subsection A. shall be maintained by the collective for a period of five years and shall be made available by the collective to
the Police Department upon request, except that private medical records shall be made available by the collective to the Police Department only pursuant to a
properly executed search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the
collective at the location in a printed format in its fire-proof safe. Any loss, damage or destruction of the records shall be reported to the Police Department within
24 hours of the loss, destruction or damage. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the
location in a printed format in its fire-proof safe.
C.
If the records identified in categories (3), (4), and (8) in Subsection A. are accessed, the Police Department shall use these records to confirm that: (1)
the members of the collective are limited to qualified patients, persons with Identification Cards, and primary caregivers; (2) transfers of marijuana are only being
made to members of the collective, and; (3) marijuana transfers do not indicate illegal diversion of marijuana, including but not limited to the unlawful sale of
marijuana. To protect the privacy of the members to whom the records pertain, the records shall not be accessed or used for any purpose other than to ensure
compliance with this article and/or state law, and to protect public health and safety.
D.
Collectives shall notify all members that, pursuant to this section, the collective is required to: (1) for patient members, maintain copies of either: (a) the
patient member's Identification Card, or (b) the patient member's valid government-issued identification and attending physician's or doctor's recommendation; (2)
for primary caregiver members, maintain copies of every written designation(s) by the primary caregiver's qualified patient(s) and either: (a) the primary caregiver
member's Identification Card, or (b) the primary caregiver member's valid government issued identification; (3) maintain records of all transfers of marijuana with
reference to either the Identification Card number or the name of the member to whom the marijuana was transferred. Collectives shall further notify all members of
the information set forth in Subsection C. regarding the use of the records.
SEC. 45.19.6.5. AUDITS AND TESTING.
A.
Annual Audits. No later than February 15 of every year, each collective shall file with the City Controller an audit of its operations of the previous
calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The
audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to Section 45.19.6.4 of this
article.
B.
Testing of Medical Marijuana. The collective shall use an independent and certified laboratory to analyze a representative sample of dried medical
marijuana and a representative sample of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, or federal
regulatory or statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any
medical marijuana from which the representative sample analysis tested positive for a pesticide or other contaminant at a level which exceeds the local, state, or
federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana
provided to members shall be properly labeled in strict compliance with state and local laws.
C.
Testing Log. The collective shall maintain a written log at the location documenting the date, type, and amount of marijuana tested; the name of the
laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the
disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition.
SEC. 45.19.6.6. INSPECTION AND ENFORCEMENT RESPONSIBILITIES.
The Department of Building and Safety may enter and inspect the location of any collective between the hours of 10:00 a.m. and 8:00 p.m., or at any
reasonable time, to ensure compliance with Section 45.19.6.3 A. of this article. In addition, a designated unit within the Police Department may enter and inspect
the location of any collective and the recordings and records maintained pursuant to Sections 45.19.6.3, 45.19.6.4, and 45.19.6.5 of this article between the hours of
10:00 a.m. and 8:00 p.m., or at any reasonable time, to ensure compliance with this article, except that the inspection and copying of private medical records shall
be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, landlord,
lessee, member (including but not limited to a member engaged in the management), or any other person having any responsibility over the operation of the
collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required
under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring.
SEC. 45.19.6.7. EXISTING MEDICAL MARIJUANA OPERATIONS.
Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must
immediately cease operation until such time, if any, when it complies fully with the requirements of this article; except that any medical marijuana collective,
dispensary, operator, establishment, or provider that meets each of the requirements described in Section 45.19.6.2 B.2., is assigned a priority order following the
City Clerk's drawing pursuant to Section 45.19.6.2 C.1., and that priority order is not removed pursuant to Section 45.19.6.2 C.1., shall have 540 days from the June
7, 2010 effective date of this article during which to fully comply with the requirements of this article or to cease operation. As has always been the law in the City,
any enforcement action by the City for failure to comply with this provision shall be accompanied by due process. No medical marijuana collective, dispensary,
operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this
article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. (Amended
by Ord. No. 181,704, Eff. 5/13/11.)
SEC. 45.19.6.8. COMPLIANCE WITH THIS ARTICLE AND STATE LAW.
A.
It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana for medical purposes
except as provided in this article, and pursuant to any and all other applicable local and state laws.
B.
It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code
Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws.
C.
It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or
documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having
jurisdiction over any of the activities of collectives.
D.
Each member engaged in the management of the collective shall be responsible for ensuring that the collective is at all times operating in a manner
compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to
the cultivation, transportation, provision, and sale of medical marijuana. (Amended by Ord. No. 181,416, Eff. 12/1/10.)
SEC. 45.19.6.9. VIOLATION AND ENFORCEMENT.
Each and every violation of this article shall constitute a separate violation and shall be subject to all civil remedies and enforcement measures authorized by
Section 11.00 of this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to any other civil relief or remedy available at law or
equity, including but not limited to injunctive relief, revocation of the collective's registration, revocation of the certificate of occupancy for the location,
disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, and attorney fees. Any use that violates
this article may be ordered discontinued and revoked pursuant to the provisions of Section 12.27.1 of this Code, except that the notice required by Subsection C.1.
of Section 12.27.1 shall be provided only to the owner and lessee of the location of the subject medical marijuana collective or operation, and shall not also be
provided to other property owners within a 500-foot radius. The City may also pursue any and all remedies and actions available and applicable under other local
and state laws for any other violations committed by the collective and persons related or associated with the collective. (Amended by Ord. No. 181,530, Eff.
1/28/11.)
Notwithstanding an initial verification of compliance by the collective with the preinspection requirements set forth in Section 45.19.6.3 A. of this article prior
to the filing of the registration form, any collective later found to be in violation of any of the preinspection requirements at any time is subject to the enforcement
provisions provided in this section.
SEC. 45.19.6.10. SUNSET CLAUSE.
ARTICLE 5.2.5
RESTRICTIONS ON SIGNS ADVERTISING TOBACCO PRODUCTS
Section
45.20
45.21
45.22
45.23
45.24
45.25
Purpose.
Definitions.
Prohibitions.
Exceptions.
Enforcement.
Operative Date.
SEC. 45.20. PURPOSE.
(Article and Section Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)
Regulating tobacco product advertising on certain signs is a reasonable and necessary means to protect and promote the general welfare of the children and
minors of the City of Los Angeles exposed to certain signs advertising tobacco products.
The Supreme Court has repeatedly recognized that children and minors deserve special solicitude because they lack the ability to assess and fully analyze the
information presented through commercial advertising.
Signs which can be seen from the outdoors are a unique and distinguishable medium of advertising which subjects the general public to involuntary and
unavoidable forms of solicitation.
The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of
tobacco products by children and minors by limiting their exposure to the advertising of tobacco products on certain on-site and off-site signs.
(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)
The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be
construed as defined in Sections 11.01, 12.03 and 91.6203 of this Code.
A.
Entertainment Park - a commercial enterprise that offers rides, games and other entertainment.
B.
Public Parks and Playgrounds - an area of land, beach or pier set aside for public recreational and/or ornamental purposes, which is under the
control, operation or management of a governmental agency, and wherein there may be an area containing, but not limited to, equipment such as swings and
seesaws, athletic fields, baseball diamonds, basketball courts, tennis courts, or swimming pools.
C.
Publicly Visible Location - any outdoor location visible to the general public including, but not limited to, off-site signs, pole signs, wall signs,
projecting signs, monument signs, illuminated architectural canopy signs, marquee signs, mural signs, freestanding signboards, and roof signs, and,
including, any location that is inside a building wherein the sign is attached to, affixed to, leaning against, or otherwise placed within three feet of any
window or door in such a manner that it is visible from outside the building. The term “publicly visible location” shall not include any location that is
visible only by those inside the building premises.
D.
Religious Institution - any building or structure that is maintained and used exclusively for religious worship, including customary incidental,
educational and social activities in conjunction therewith.
E.
Residential Use - any lot that is identified in the adopted Community Plan as having a Commercial Land Use designation that permits
residential uses.
F.
Residential Zone - any RA, RE, RS, R1, RU, RW1, R2, RD, RMP, RW2, R3, R4 or R5 zoned lot as set forth in Section 12.04 of this Code.
G.
Schools - an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the
California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten,
elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include
a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
H.
Tobacco Products - any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco snuff, chewing tobacco
and dipping tobacco; cigarette papers; or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared
from tobacco.
I.
Youth Center - any designated indoor, public, private or parochial facility, other than a private residence or a multiple dwelling unit, which
contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including, but not
limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs,
vocational programs, substance abuse prevention programs, individual or group counseling, remedial, tutorial or other educational assistance or enrichment,
music, art, dance and other recreational or cultural activities, physical fitness activities and sports programs.
SEC. 45.22. PROHIBITIONS.
A.
No person shall place, permit, or maintain on any on-site or off- site sign, a poster, placard, device, graphic display, or any other form of advertising
that advertises tobacco products in publicly visible locations within 1,000 feet of any residential zone, residential use, school, religious institution, entertainment
park, youth center, or public park or playground except as permitted under Section 45.23.
B.
The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of a residentially zoned property,
residential use, school, religious institution, entertainment park, youth center, or the perimeter of a public park or playground to the closest visible edge of the
advertising sign face without regard to intervening structures.
SEC. 45.23. EXCEPTIONS.
The prohibitions set forth in this article shall not apply to the following signs advertising tobacco products. This section shall not be construed to permit any
sign that is otherwise restricted or prohibited by law.
A.
The placement of signs advertising tobacco products:
(1)
Inside the premises of a building that lawfully sells tobacco products, unless such sign is attached to, affixed to, leaning against, or
otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building; or
(2)
On commercial vehicles used exclusively for transporting tobacco products.
B.
Any on-site sign that contains the name or slogan of a business that lawfully sells tobacco products that has been placed at or upon the business
premises for the purpose of identifying the business.
C.
products.
Any on-site sign that contains only generic word descriptions of cigarettes, cigars, tobacco, smoke, or any other generic description of tobacco
D.
Any neon or electrically charged sign, if otherwise allowed by the Los Angeles Municipal Code, within the premises of a building that lawfully
sells tobacco products that is provided as part of a promotion of a particular brand of tobacco products, unless such sign is attached to, affixed to, leaning
against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building.
E.
Any sign located inside a stadium, arena, or amphitheater, provided the sign cannot be seen from outside the stadium, arena, or amphitheater.
F.
Any sign or other form of advertising on a Metropolitan Transit Authority vehicle, or any other government operated, contracted or licensed
mode or method of transportation. This exception shall not apply to any mode or method of transportation operated, contracted or licensed by the City of
Los Angeles.
G.
The display of public service messages or similar announcement opposing the use of tobacco products or that are designed to encourage minors
to refrain from using or purchasing tobacco products. However, this subsection shall not be construed to permit an advertisement which purports to oppose
the use of tobacco products when that message is conveyed in conjunction with the display of a recognized tobacco company logo, trademark or name used
for marketing or promotion of tobacco products.
H.
Any sign advertising of tobacco products that is otherwise consistent with the signage provisions contained in Article IV and Exhibit I of the
Reciprocal Easement and Environmental Restriction Agreement by and among the City of Los Angeles, the Community Redevelopment Agency of the City
of Los Angeles, and L. A. Arena Land Company, Inc., recorded in the official records of the County of Los Angeles as Instrument No. 95801502.
I.
The display of any non-commercial message.
SEC. 45.24. ENFORCEMENT.
Violations. It shall be unlawful for any person to violate any provision of this article. Any person or who violates any of the provisions of this article or
causes or permits another person to violate any of the provisions of this article is guilty of a misdemeanor. Each violation of the provisions of this article shall
constitute a separate offense.
SEC. 45.25. OPERATIVE DATE.
The provisions of this article shall become operative 365 days from its effective date.
ARTICLE 5.2.6
RESTRICTIONS ON SIGNS ADVERTISING ALCOHOLIC BEVERAGES
ARTICLE 5.5
PROHIBITION AGAINST DISCRIMINATION IN HOUSING BASED ON AGE
Section
45.50
45.51
45.52
45.53
45.54
45.55
Findings and Purpose.
Definitions.
Prohibited Activities.
Exemptions.
Financial Obligations Requirements Not Prohibited.
Remedies.
SEC. 45.50. FINDINGS AND PURPOSE.
(Added by Ord. No. 153,406,Eff. 3/8/80.)
After public hearing and receipt of testimony, the City Council finds and declares:
That arbitrary discrimination against tenants on the basis of age, parenthood, pregnancy, and potential or actual tenancy of a minor child exists in the
City of Los Angeles;
That the existence of such discrimination poses a substantial threat to the public health and welfare of large segments of the population;
That there is a shortage of decent, safe, and sanitary housing in the City of Los Angeles, resulting in a critically low vacancy factor;
That such discrimination has an overall detrimental effect upon the composition of the City, that it encourages the flight of families from the City of Los
Angeles, and results in the decline of stable, intergenerational neighborhoods, the preservation of family life within the City, and the reduction of social and
recreational services for children and their families;
That such discrimination cuts across all racial, ethnic, and economic lines, and falls most heavily on minority and single parent families with children;
That it is consistent with the Housing Element of the General Plan to promote and ensure equal opportunities for all persons regardless of age or family
composition in rental housing in the City;
That because housing is a fundamental necessity of life, it is against the public policy of the City of Los Angeles to discriminate in rental housing upon
the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.
A.
Elderly persons: Persons 62 years of age or older.
B.
Housing accommodation. (Amended by Ord. No. 155,933, Eff. 10/21/81.)
(1)
Any residential rental unit consisting of one or more rooms in which cooking facilities are available; or
(2)
Any space within a mobilehome park or trailerpark used for a structure or vehicle for human habitation. For purposes of this article, a
mobilehome park or trailerpark is defined as an area of land where one or more spaces are rented or leased, or held out for rent or lease, for structures or
vehicles for human habitation.
C.
Minor child: Any natural person under the age of 18 years.
D.
Person: Any individual, firm, partnership, joint venture, association, corporation, estate, or trust.
SEC. 45.52. PROHIBITED ACTIVITIES.
(Added by Ord. No. 153,406, Eff. 3/8/80.):
It shall be unlawful for any person having a housing accommodation for rent or lease, or any authorized agent or employee of such person, to do or attempt to
do any of the following:
A.
Refuse to rent or lease a housing accommodation, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to
or withhold from, any person or persons, a housing accommodation on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor
child.
B.
Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a housing accommodation, or in the provision of
services, facilities, or benefits, in connection therewith, on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.
However, nothing herein shall preclude any person from imposing restrictions on the use of common areas, facilities, and services which are reasonably
necessary to protect the health and safety of a minor child.
C.
Represent to any person on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child that a housing
accommodation is not available for inspection, rental, or lease when such housing accommodation is, in fact, available.
D.
Make, print, or publish; or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with
regard to a housing accommodation offered by that person that indicates any preference, limitation, or discrimination with respect to age, parenthood,
pregnancy, or the potential or actual tenancy of a minor child.
E.
Include in any rental agreement or lease for a housing accommodation, a clause or condition providing that as a condition of continued tenancy,
the tenants shall remain childless or shall not bear children or otherwise not maintain a household with a person of a certain age.
Nothing contained in this article shall apply to or be construed:
A.
To affect a housing project or development owned by a nonprofit corporation during such period of time as it is operated exclusively for elderly
persons and their spouses (including, but not limited to, housing accommodations subsidized under the Section 8 of the Housing Act of 1974 and Section
202 of the Housing Act of 1959 federal housing programs).
B.
To affect any state licensed nursing home, convalescent home, or community care facility.
C.
To affect any housing project or development whose combined total number of housing accommodations exceeds 250 in number, whether
located on the same or on one or more contiguous parcels of property, if greater than 50% of the housing accommodations are rented to elderly persons and
their spouses, provided that no less than 25% of its total housing accommodations are designated for rental or lease to tenants with a minor child or children.
The person owning or having authorized control of the rental housing project or development shall have discretion to determine the location of those housing
accommodations to be designated for tenants with a minor child or children. (Redesignated Subsec. “C” by Ord. No. 153,942, Eff. 7/1/80.)
SEC. 45.54. FINANCIAL OBLIGATIONS REQUIREMENTS NOT PROHIBITED.
This article shall not prohibit the person having a housing accommodation for rent or lease or any authorized agent or employee of such person from requiring
the same financial obligation from all prospective tenants. However, no discrimination in the amount or manner of payment of said financial obligation shall be
permitted based upon age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.
SEC. 45.55. REMEDIES.
A.
Any person who violates the provisions of this article shall be liable for actual damages, if any, with regard to each and every such violation and such
additional amount as may be determined by a jury, or the court sitting without a jury, up to three times the amount of actual damages or three times an amount equal
to one month’s rent of the housing accommodation involved, whichever is greater, as well as reasonable attorneys’ fees and costs of litigation.
B.
Violations of any of the provisions of this article shall not constitute a misdemeanor or infraction.
ARTICLE 5.6
PROHIBITION AGAINST DISCRIMINATION BASED ON STUDENT STATUS
(Article Added by Ord. No. 156,426, Eff. 4/12/82.)
Section
45.60
45.61
45.62
45.63
45.64
Definitions.
Discrimination Against Non-students.
Remedies.
SEC. 45.60. FINDINGS AND PURPOSE.
After public hearing receipt of testimony, the City Council finds and declares:
That discrimination against tenants on the basis of their status as students exists in the City of Los Angeles;
That there is a shortage of decent, safe, and sanitary housing in the City of Los Angeles;
That students, who generally do not have the economic resources to buy homes, must often lie in close proximity to their campus so they can commute
between their school, their home and their job; however, because of discrimination on the basis of their status as student, these students are forced to live
further from campus than would otherwise be necessary;
That such discrimination cuts across all racial, ethnic and economic lines;
That because housing is a fundamental necessity of life, it is against the public policy of the City of Los Angeles to discriminate in rental housing upon
the basis of a tenant’s status as a student.
construed as defined in Section 12.03 of this Code, if defined therein.
A.
Housing Services: Services connected with the use or occupancy of a rental unit including but not limited to, utilities (including light, heat,
water and telephone), ordinary repairs or replacement, and maintenance, including painting. This term shall also include the provision of elevator service,
laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any
other benefits, privileges or facilities.
B.
Landlord: An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to
receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
C.
Rent: The consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or
occupancy of a rental unit, including but not limited to monies demanded or paid for the following: meals where required by the landlord as a condition of
the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits.
D.
Rental Units: All dwelling units, efficiency dwelling units, guest rooms, and suites in the City of Los Angeles, as defined in Section 12.03 of
this Code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges,
furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall also include
mobile homes, whether rent is paid for the mobile homes and the land upon which the mobile home is located, or rent is paid for the land alone. The term
shall not include:
1.
Housing accommodations in any hospital; state licensed community care facility; convent; monastery; extended medical care facility;
asylum; fraternity or sorority house; or housing accommodations owned, operated, leased or managed primarily for occupancy by its students by an
institution of higher education, a vocational school, a high school, or an elementary school.
2.
Housing accommodations designed and operated exclusively for senior citizens or retirees, and their spouses, or retirement homes.
3.
Housing accommodations which are reserved exclusively for either single or married students or for students with minor dependents who
live with them.
4.
Housing accommodations which a government unit, agency or authority owns, operates, or manages, or which are specifically exempted
from municipal regulation by state or federal law or administrative regulation.
E.
Student: Any person enrolled in an institution of higher education, vocational school, high school, or elementary school.
A landlord shall not do or attempt to do any of the following:
A.
Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or
withhold a rental unit from any person on the basis of the person’s status as a student.
B.
Rent or lease a rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services to any person on
the basis of the person’s status as a student.
C.
Represent to any person that a rental unit is not available for inspection, rental or lease when such rental unit is, in fact, available on the basis of
the person’s status as a student.
D.
Make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard
to a rental unit that indicates any preference, limitation, or discrimination with respect to a person’s status as a student.
SEC. 45.63. DISCRIMINATION AGAINST NON-STUDENTS.
Nothing contained in this article shall be construed to authorize any landlord to discriminate against any person on the basis of the fact that the person is not a
student.
A.
Any landlord who violates the provisions of this article shall be subject to injunctive relief and shall be liable for actual damages, if any, with regard to
each and every such violation and such additional amount as may be determined by a jury, or the court sitting without a jury, up to three times the amount of actual
damages or three times an amount equal to one month’s rent of the rental unit involved, whichever is greater, as well as reasonable attorneys’ fees and costs of
litigation.
B.
Violations of any of the provisions of this article shall not constitute a misdemeanor or infraction.
ARTICLE 5.7
PROHIBITION OF DISCRIMINATION IN MOBILEHOME PARKS AGAINST OWNERS OF
MOBILEHOMES BASED ON THE AGE OF THEIR MOBILEHOMES
(Art. 5.7, Chapter IV, Added by Ord, No. 158,897, Eff. 6/8/84.)
Section
45.70
45.71
45.72
45.73
Purpose.
Definitions.
Remedies.
The purpose of the article is to prohibit arbitrary discrimination against older mobilehomes.
construed as defined in Section 12.03 of this Code, if defined therein.
A.
Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of
the Vehicle Code. Mobilehome does not include a recreational vehicle, as defined in Section 799.24 of the Civil Code or a commercial coach as defined in
Section 18218 of the Health and Safety Code.
B.
Mobilehome Park. An area of land where two or more mobilehome sites are rented, or offered for rent, to accommodate mobilehomes used for
human habitation.
C.
Mobilehome Park Operator. The owner of a mobilehome park or an agent or representative authorized to act on the owners behalf in
connection with matters relating to a tenancy in the park.
D.
Services. Services connected with the use or occupancy of a mobilehome site including but not limited to, utilities, laundry facilities and
privileges, common recreational facilities, janitor service, resident manager, refuse removal, parking and any other benefits, privileges or facilities.
A mobilehome park operator shall not do or attempt to do any of the following:
A.
Refuse to rent or lease a mobilehome site, refuse to negotiate for the rental or lease of a mobilehome site, evict from a mobilehome site or
otherwise deny to or withhold a mobilehome site from any mobilehome owner on the basis of the age of the mobilehome.
B.
Rent or lease a mobilehome site on less favorable terms, conditions or privileges, or discriminate in the provision of services to any mobilehome
owner on the basis of the age of the mobilehome.
C.
Represent to any mobilehome owner that a mobilehome site is not available for inspection, rental or lease when such mobilehome site is, in fact,
available on the basis of the age of the mobilehome.
D.
Make, print, publish, or cause to be made, printed, or published any notice, statement, sign advertisement, application, or contract with regard to
a mobilehome site that indicates any preference, limitation, or discrimination with respect to the age of the mobilehome.
EXCEPTIONS:
(1)
Notwithstanding the above prohibitions, in the event of the sale of a mobilehome in the park to a third party, and in order to upgrade the quality
of the park, the mobilehome park operator may require the removal of the mobilehome from the park where:
(a)
The mobilehome is less than 10 feet wide.
(b)
The mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or
more and the mobilehome does not comply with the health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and the regulations established thereunder.
(c)
The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15,1971, and is less than 20 feet
wide and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552 and 18605 of the Health and
(d)
The mobilehome is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and
its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The mobilehome park operator shall use reasonable
discretion in determining the general condition of the mobilehome and its accessory structures. The mobilehome park operator shall bear the burden
of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.
(2)
section if:
The mobilehome park operator may refuse to rent or lease a mobilehome site for a mobilehome entering the park after the effective date of this
(a)
The mobilehome is less than 10 feet wide.
(b)
The mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971 and is 20 feet wide or
more and the mobilehome does not comply with the health and safety standards provided in Sections 18550,18552 and 18605 of the Health and
(c)
The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15,1971, and is less than 20 feet
wide and the mobilehome does not comply with the construction and safety standards under Sections 18550,18552, and 18605 of the Health and
(d)
The mobilehome is in a significantly rundown condition or is in disrepair, as determined by the general condition of the mobilehome and
its acceptability to the health and safety of the occupants and to the public, exclusive of its age. The mobilehome park operator shall use reasonable
discretion in determining the general condition of the mobilehome and its accessory structures. The mobilehome park operator shall bear the burden
of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair.
A.
Any mobilehome park operator who violates the provisions of this article shall be subject to injunctive relief and shall be liable for actual damages, if
any, with regard to each and every such violation and such additional amount as may be determined by a jury, or the court sitting without a jury, up to three times
the amount of actual damages or three times an amount equal to one month’s rent of the rental unit involved, whichever is greater, as well as reasonable attorneys’
fees and costs of litigation.
B.
Notwithstanding Section 11.00(m) of this Code, violations of any of the provisions of this article shall not constitute a misdemeanor or infraction.
ARTICLE 5.8
PROHIBITION AGAINST DISCRIMINATION BASED ON A PERSON SUFFERING FROM THE
MEDICAL CONDITION AIDS, OR ANY MEDICAL SIGNS OR SYMPTOMS RELATED THERETO,
OR ANY PERCEPTION THAT A PERSON IS SUFFERING FROM THE MEDICAL CONDITION
AIDS WHETHER REAL OR IMAGINARY
(Art. 5.8. Chapter IV Added By Ord. No. 160,289, Eff. 8/19/85.)
Section
45.80
45.81
Statement of Policy.
Definitions.
45.82
45.83
45.84
45.85
45.86
45.87
45.88
45.89
45.90
45.91
45.92
45.93
Employment.
Rental Housing.
Business Establishments.
City Facilities and Services.
Educational Institutions.
Advertising.
Subterfuge.
Liability.
Enforcement.
Limitation on Action.
Severability.
Exceptions.
SEC. 45.80. STATEMENT OF POLICY.
After public hearings and receipt of testimony, the City Council finds and declares:
That the medical condition described as Acquired Immune Deficiency Syndrome and commonly known as AIDS is a deadly disease which has the
potential to affect every segment of our City’s population.
That AIDS was first recognized in 1981 by the Federal Center for Disease Control based on the study of a pattern of unusual illnesses among young,
single men reported by the medical center associated with UCLA within our City.
That AIDS in the opinion of the scientific and medical community is caused by a virus, known as HTLV-III or LAV, which attacks and cripples the
body’s immune system, thereby leaving the body vulnerable to opportunistic infections.
That a person afflicted with AIDS suffers a variety of virus and/or fungus-caused illnesses which debilitate the body resulting in a high mortality rate
within three years after diagnosis.
That the spread of the virus has occurred through the exchange of bodily fluids, i.e. blood, blood by-products, or semen, between individuals.
That no evidence exists to indicate the spread of the virus by casual contact.
That medical studies of family groups in which one or more persons have been diagnosed with AIDS show no spread of the virus other than through
sexual intimacy or through the exchange of blood (mother to fetus).
That the virus can thrive only in favorable conditions, and cannot exist for a significant period of time outside the body, and can be protected against by
the application of regular practices of hygiene, such as the use of chlorine in swimming pools or spas and the use of household bleach when washing
garments or cleaning contaminated surfaces.
That the public health danger represented by the virus and its subsequent manifestation as AIDS is caused by the lengthy incubation period during
which period an apparently healthy individual may spread the disease to other persons through the exchange of blood, blood by-products, or semen.
That AIDS while recognized as a national public health emergency has been concentrated in urban areas with our city representing the third highest
number of cases reported within a local public health jurisdiction.
That AIDS in the opinion of the scientific and medical community will continue to increase at a high rate within our city for the foreseeable future.
That AIDS by its nature has created a discrete and insular minority of our citizens who are afflicted with a seriously disabling condition whose ultimate
outcome is fatal.
That the persons afflicted with AIDS represent a segment of our population particularly victimized due to the nature of the disease and to the present
climate of misinformation, ignorance and fear in the general population.
That discrimination against victims of AIDS and AIDS related conditions exists in the City of Los Angeles.
That persons with AIDS or AIDS related conditions are faced with discrimination in employment, housing, medical and dental services, business
establishments, city facilities, city services and other public accommodations;
That such discrimination cuts across all racial, ethnic and economic lines;
That such discrimination poses a substantial threat to the health, safety and welfare of the community;
That the existing state and federal restraints on such arbitrary discrimination are inadequate to meet the particular problems of this City.
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
A.
AIDS: shall mean the disease complex which occurs when an important part of the human immune system is destroyed by the action of a virus
known as HTLV-III or LAV. Signs and symptoms of this disease complex are manifested in the afflicted person by a series of virus or fungus-caused
illnesses of a chronic nature.
B.
Condition related thereto: Shall mean any perception that a person is suffering from the medical condition AIDS whether real or imaginary.
C.
Business Establishment: shall mean any entity, however organized, which furnishes goods or services to the general public. An otherwise
qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements: (a)
consist only of payment of fees; (b) consist of requirements under which a substantial portion of the residents of this City could qualify.
D.
Employer: Shall mean every person, including any public service corporation and the legal representative of any deceased employer which has
any natural person in service.
E.
Housing Services: Shall mean services connected with the use or occupancy of a rental unit including but not limited to, utilities (including
light, heat, water and telephone), ordinary repairs or replacement, and maintenance, including painting. This term shall also include the provision of elevator
service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking
and any other benefits, privileges or facilities.
F.
Rent: Shall mean the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the
use or occupancy of a rental unit, including but not limited to monies demanded or paid for the following: meals where required by the landlord as a
condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits.
G.
Rental Units: Shall mean all dwelling units, efficiency dwelling units, guest rooms, and suites in the City of Los Angeles, as defined in Section
12.03 of this Code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges,
furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.
This term shall not include:
1.
Housing accommodations which a government unit, agency or authority owns, operates, or manages, and which are specifically exempted
from municipal regulation by state or federal law or administrative regulation.
H.
Person: Shall mean any natural person, firm, corporation, partnership or other organization, association or group of persons however organized.
SEC. 45.82. EMPLOYMENT.
A.
Unlawful Employment Practices. It shall be an unlawful employment practice for any employer, employment agency or labor organization or any
agent or employee thereof to do or attempt to do any of the following:
1.
Fail or refuse to hire, or to discharge any person, or otherwise discriminate against any person with respect to compensation, terms, conditions or
privileges of employment on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
2.
Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of
employment opportunities, or adversely affect his or her employment status on the basis (in whole or in part) of the fact that such person has the medical
condition AIDS or any condition related thereto.
3.
Fail or refuse to refer for employment any person, or otherwise to discriminate against any person on the basis (in whole or in part) of the fact
that such person has the medical condition AIDS or any condition related thereto.
4.
Fail or refuse to include in its membership or to otherwise discriminate against any person; or to limit, segregate or classify its membership; or
to classify or fail or refuse to refer for employment any person in any way which would deprive or tend to deprive such person of employment opportunities,
or otherwise adversely affect her or his status as an employee or as an applicant for employment on the basis (in whole or in part) of the fact that such person
has the medical condition AIDS or any condition related thereto.
5.
Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or
retraining, including any on-the-job training program on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any
condition related thereto.
B.
Bonafide Occupational Qualification not Prohibited; Burden of Proof.
1.
Bona Fide Occupational Qualifications. Nothing contained in this Section shall be deemed to prohibit selection, rejection or dismissal based
upon a bona fide occupational qualification.
2.
Burden of Proof. Any action brought under this article, if a party asserts that an otherwise unlawful discriminatory practice is justified as a
bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of a bona fide
occupational qualification; and (2) that there exists no less discriminatory means of satisfying the occupational qualification.
C.
Exceptions.
1.
It shall not be an unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system, provided
such systems or plans are not a subterfuge to evade the purposes of this article; provided further that no such system shall provide an excuse for failure to
hire any person.
SEC. 45.83. RENTAL HOUSING.
A.
Unlawful Rental Housing Practices. It shall be unlawful for any person having a housing accommodation for rent or lease, or any authorized agent or
employee of such person to or attempt to do any of the following:
1.
Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, evict from a rental unit, or otherwise deny to or
withhold a rental unit from any person on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any condition related
thereto.
2.
Rent or lease a rental unit on less favorable terms, conditions or privileges, or discriminate in the provision of housing services to any person on
the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any medical condition related thereto.
3.
Represent to any person that a rental unit is not available for inspection, rental or lease when such rental unit is, in fact, available on the basis (in
whole or in part) of the fact that such person has the medical condition AIDS or any condition related thereto.
4.
Make, print, publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to
a rental unit that indicates any preference, limitation, or discrimination with respect to the fact that a person has the medical condition AIDS or any condition
related thereto.
B.
Exceptions.
1.
Owner-occupied. Nothing in this article shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or
any member of his or her family occupies the same living unit in common with the prospective tenant.
2.
Effect on Other Laws. Nothing in this article shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space
otherwise prohibited by law.
3.
Nothing in this article shall override any just cause for eviction set forth in Rent Stabilization Ordinance. AIDS shall not constitute an reasonable
health hazard under 151.09 of the Rent Stabilization Ordinance.
SEC. 45.84. BUSINESS ESTABLISHMENTS.
A.
Unlawful Business Practice.
1.
Business Practices Generally. It shall be an unlawful business practice for any person to deny any individual the full and equal enjoyment of
the goods, services, facilities, privileges, advantages and accommodations of any business establishment including, but not limited to, medical, dental, health
care and convalescent services of any kind whatsoever on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any
B.
Exceptions. Nothing in this article shall apply to any blood bank, blood donation facility, sperm bank, sperm donation facility, organ donation facility,
surrogate mother or surrogate mother facility, or to any like service facility or establishment engaged in the exchange of products containing elements of blood or
sperm.
SEC. 45.85. CITY FACILITIES AND SERVICES.
A.
Unlawful Service and Facility Practices. It shall be an unlawful practice for any person to deny any person the full and equal enjoyment of, or to
impose different terms and conditions on the availability of any of the following:
1.
Use of any City facility or City service on the basis (in whole or in part) of the fact that such person has the medical condition AIDS or any
2.
Any service, program or facility wholly or partially funded or otherwise supported by the City of Los Angeles, on the basis (in whole or in part)
of the fact that such person has the medical condition AIDS or any condition related thereto.
This subsection shall not apply to any facility, service or program which does not receive any assistance from the City of Los Angeles which is not provided to
the public generally.
SEC. 45.86. EDUCATIONAL INSTITUTIONS.
A.
Unlawful Educational Practices. It shall be an unlawful educational practice for any person to do any of the following:
1.
To deny admission, or to impose different terms or conditions on admission, on the basis (in whole or in part) of the fact that such person has the
medical condition AIDS or any condition related thereto.
2.
To deny any individual the full and equal enjoyment of, or to impose different terms or conditions upon the availability of, any facility owned or
operated by or any service or program offered by an educational institution on the basis (in whole or in part) of the fact that such person has the medical
condition AIDS or any condition related thereto.
B.
Exception.
It shall not be an unlawful discriminatory practice for a religious or denominational institution to limit admission, or give other preference to applicants of the
same religion.
SEC. 45.87. ADVERTISING.
It shall be unlawful for any person to make, print, publish, advertise or disseminate in any way any notice, statement or advertisement with respect to any of
the acts mentioned in this article, which indicates an intent to engage in any unlawful practice as set forth in this article.
SEC. 45.88. SUBTERFUGE.
It shall be an unlawful discriminatory practice to do any of the acts mentioned in this article for any reason which would not have been asserted, wholly or
partially, but for the fact that the person against whom such assertions are made has the medical condition AIDS or any condition related thereto.
SEC. 45.89. LIABILITY.
Any person who violates any of the provisions of this article or who aids in the violation of any provisions of this article shall be liable for, and the court shall
award to the individual whose rights were violated, actual damages, costs, and attorneys fees. In addition, the court may award punitive damages in a proper case.
A.
Civil Action. Any aggrieved person may enforce the provisions of this article by means of a Civil Action.
B.
Injunction.
1.
Any person who commits, or proposes to commit, an act in violation of this article may be enjoined therefrom by a court of competent
jurisdiction.
2.
Action for Injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity which will
fairly and adequately represent the interests of the protected class.
C.
D.
article.
Non-Exclusive. Nothing in this article shall preclude any aggrieved person from seeking any other remedy provided by law.
Exception. Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach for any violation of the provision of this
SEC. 45.91. LIMITATION ON ACTION.
Actions under this article must be filed within one year of the alleged discriminatory acts.
SEC. 45.92. SEVERABILITY.
If any part or provision of this article or the application thereof to any person or circumstance, is held invalid, the remainder of the article, including the
application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end,
provisions of this article are severable.
A.
No part of this article shall apply to any bona fide religious organization.
B.
No part of this Article shall apply where a course of conduct is pursued which is necessary to protect the health or safety of the general public.
1.
Burden of Proof. In any action brought under this Article, if a party asserts that an otherwise unlawful discriminatory practice is justified as
necessary to protect the health or safety of the general public, that party shall have the burden of proving; (1) that the discrimination is in fact a necessary
result of a necessary course of conduct pursued to protect the health or safety of the general public; and (2) that there exists no less discriminatory means of
satisfying the necessary protection of the health or safety of the general public.
2.
Compliance with Department of Health and Human Services Guideline. Within the meaning of this section, a practice is deemed necessary
to protect the health or safety of the general public if that practice is consistent with the United States Department of Health and Human Services Guidelines
entitled “Recommendations for Preventing Transmission of Infection with Human T-Lymphotropic Virus Type III/Lymphadenopathy - Associated Virus in
the Workplace,” published in November 1985. (Added by Ord. No. 161,340, Eff. 7/17/86.)
ARTICLE 5.9
PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT
DISTINCTLY PRIVATE
(Art. 5.9. Added By Ord. No. 162,426, Eff. 6/29/87.)
Section
45.95.00
45.95.01
45.95.02
45.95.03
45.95.04
Definitions.
Prohibition Against Discrimination.
Enforcement and Penalties.
Non-criminal Penalties.
SEC. 45.95.00. FINDINGS AND PURPOSE.
After public hearings receipt of testimony, the City Council finds and declares:
That a significant barrier to the advancement of women and minorities in the business and professional life of the City exists by virtue of the
discriminatory practices of certain clubs or organizations which are not distinctly private and where business is frequently conducted.
That while such clubs or organizations may avowedly be formed for social or civic purposes, the extent to which many of the activities therein have had
a prejudicial impact on the business, professional and,employment opportunities of women and minorities can not be ignored or minimized.
That business activity most frequently occurs in clubs or organizations having more than four hundred members which provide regular meal services
which facilitates conducting such business.
That the dues and expenses of members at such clubs or organizations are often paid by their employers because the employee’s activities at said clubs
or organizations serve to develop and enhance the employer’s business.
That such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by non-members.
That the City of Los Angeles has a compelling interest in eradicating discrimination based on sex, race, color, religion, ancestry, national origin, sexual
orientation, or disability in order to assure all of its citizens a fair and equal opportunity to participate in the business and professional life of the City.
Conduct and practices which exclude persons from entry or consideration for membership in or the full advantages and privileges of such membership on
these bases are discriminatory and unacceptable, are injurious to the body politic and to the business community and the City of Los Angeles. Accordingly,
the City’s interest in eliminating such practices in clubs or organizations covered by this article outweighs the interest of their members in private
association.
SEC. 45.95.01. DEFINITIONS.
A.
For purposes of this article, a club or organization (hereafter “club”) which is not distinctly private is any organization, institution, club or place of
accommodation which satisfies the following requirements:
1.
Has membership of whatever kind totalling 400 or more; and
2.
Provides regular meal service by providing either directly or indirectly under a contract with another person, any meals on three or more days per
week during two or more weeks per month during six or more months per year: and
3.
Regularly accepts payments:
(a)
from non-members for expenses incurred at the club by members or non-members in the furtherance of trade or business; or
(b)
on behalf of non-members for expenses incurred at the club by non-members in the furtherance of trade or business.
B.
“Regularly accepts payment” as used in this article shall mean a club accepting as many payments during the course of a year as the number of weeks
any part of which the club is available for use by members or non-members per year; the payments may be for dues, fees, use of space, facilities, services, meals or
beverages.
C.
“Furtherance of trade or business” as used in this article shall mean payment made by or on behalf of a trade or business organization, payment made by
an individual from an account which the individual uses primarily for trade or business purposes, payment made by an individual who is reimbursed for the
payment by the individual’s employer or by a trade or business organization, or other payment made in connection with an individual’s trade or business, including
entertaining clients or business associates, holding meetings or other business-related events.
SEC. 45.95.02. PROHIBITION AGAINST DISCRIMINATION.
A.
It shall be unlawful for a club which is not distinctly private to deny to any person entry to facilities at, membership in, or the full enjoyment of said
club or organization on the basis of sex, race, color, religion, ancestry, national origin, sexual orientation, or disability.
B.
The provisions of this article shall not apply to an institution organized and operated exclusively for religious purposes as defined in 26 U.S.C. Section
501(c)(3).
SEC. 45.95.03. ENFORCEMENT AND PENALTIES.
A.
Civil Action. Any person may enforce the provisions of this article by means of a civil action. The City of Los Angeles may also enforce the
provisions of this Article by means of a civil action.
B.
Injunctions.
1.
Any person who commits an act, or proposes to commit an act, or engages in any pattern and practice of discrimination in violation of Section
45.95.02 may be enjoined therefrom by any court of competent jurisdiction.
2.
Action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will
fairly and adequately represent the interest of the protected class.
C.
Penalties. Any person who violates or aids or incites another person to violate, the provisions of this article is liable for each and every such offense
for the actual damages, and such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual
damage but in no case less than Two Hundred Fifty Dollars ($250), and such attorney’s fees and court costs as may be determined by the court in addition thereto,
suffered by any aggrieved party. In addition, the court may award punitive damages in a proper case.
D.
Non-exclusive Remedies and Penalties. Nothing in this article shall preclude any person from seeking any other remedies, penalties or procedures
provided by law.
SEC. 45.95.04. NON-CRIMINAL PENALTIES.
Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach for any violation of the provisions of this article.
ARTICLE 6
PRESERVATION OF PROTECTED TREES
(Title Amended by Ord. No. 177,404, Eff. 4/23/06.)
Section
46.00
46.01
46.02
46.03
46.04
46.05
46.06
Protected Tree Regulations.
Definition.
Requirements for Public Works Permits to Relocate or Remove Protected Trees.
Permit Conditions.
Fees.
Appeal.
Withholding or Revocation of Building Permits for Illegal Removal or Relocation of Protected Trees.
SEC. 46.00. PROTECTED TREE REGULATIONS.
No protected tree may be relocated or removed except as provided in Article 7 of Chapter 1 or this article. The term "removed" or "removal" shall include any
act that will cause a protected tree to die, including but not limited to acts that inflict damage upon the root system or other part of the tree by fire, application of
toxic substances, operation of equipment or machinery, or by changing the natural grade of land by excavation or filling the drip line area around the trunk.
SEC. 46.01. DEFINITION.
"PROTECTED TREE" means any of the following Southern California native tree species which measures four inches or more in cumulative diameter, four
and one half feet above the ground level at the base of the tree:
(a)
Oak tree including Valley Oak (Quercus lobata) and California Live Oak (Quercus agrifolia), or any other tree of the oak genus indigenous to
California but excluding the Scrub Oak (Quercus dumosa).
(b)
Southern California Black Walnut (Juglans californica var. californica).
(c)
Western Sycamore (Platanus racemosa).
(d)
California Bay (Umbellularia californica).
This definition shall not include any tree grown or held for sale by a licensed nursery, or trees planted or grown as a part of a tree planting program.
SEC. 46.02. REQUIREMENTS FOR PUBLIC WORKS PERMITS TO RELOCATE OR REMOVE PROTECTED TREES.
No person shall relocate or remove any protected tree, as that term is defined in Section 46.01, where the protected tree is not regulated pursuant to Article 7 of
Chapter I of this Code, without first having applied for and obtained a permit from the Board of Public Works or its designated officer or employee, except as
otherwise provided in this section.
An application for a permit shall indicate, in a manner acceptable to the Board of Public Works, by number on a plot plan, the location of each protected tree,
and shall identify each protected tree proposed to be retained, relocated or removed. If any grading is proposed that may affect the protected tree, a copy of the
grading permit plan in compliance with Division 70 of Article 1 of Chapter IX of this Code shall be submitted with the application.
(a)
Exemptions. The Board of Public Works shall exempt from and not require issuance of a permit for the relocation or removal of a protected
tree where the Board is satisfied that:
1.
The proposed relocation or removal of the protected tree has been approved by the Advisory Agency pursuant to Article 7 of Chapter I of
this Code; or
2.
The land upon which the protected tree is located has been the subject of a determination by the City Planning Commission, the City
Council, a Zoning Administrator or an Area Planning Commission, the appeal period established by this Code with respect to the determination has
expired, the determination is still in effect, and pursuant to the determination the protected tree's removal would be permissible; or
3.
A building permit has been issued for any property and is still in effect with respect to the property under consideration and its
implementation would necessitate the removal or relocation.
(b)
Board Authority. The Board of Public Works may grant a permit for the relocation or removal of a protected tree, unless otherwise provided
in this section or unless the tree is officially designated as an Historical Monument or as part of an Historic Preservation Overlay Zone, if the Board
determines that the removal of the protected tree will not result in an undesirable, irreversible soil erosion through diversion or increased flow of surface
waters, which cannot be mitigated to the satisfaction of the City; and
1.
It is necessary to remove the protected tree because its continued existence at the location prevents the reasonable development of the
subject property; or
2.
The protected tree shows a substantial decline from a condition of normal health and vigor, and restoration, through appropriate and
economically reasonable preservation procedures and practices, is not advisable; or
3.
Because of an existing and irreversible adverse condition of the protected tree, the tree is in danger of falling, notwithstanding the tree
having been designated an Historical Monument or as part of an Historic Preservation Overlay Zone.
(c)
Additional Authority. The Board of Public Works or its authorized officer or employee may:
1.
Require as a condition of a grant of permit for the relocation or removal of a protected tree, that the permittee replace the tree within the
same property boundaries by at least two trees of a protected variety included within the definition set forth in Section 46.01 of this Code, in a
manner acceptable to the Board. In size, each replacement tree shall be at least a 15-gallon, or larger, specimen, measuring one inch or more in
diameter one foot above the base, and be not less than seven feet in height measured from the base. The size and number of replacement trees shall
approximate the value of the tree to be replaced.
2.
Permit protected trees of a lesser size or trees of a different species to be planted as replacement trees, if replacement trees of the size and
species otherwise required pursuant to this Code are not available. In that event, a greater number of replacement trees may be required.
3.
Permit a protected tree to be moved to another location on the property, provided that the environmental conditions of the new location
are favorable to the survival of the tree and there is a reasonable probability that the tree will survive.
SEC. 46.03. PERMIT CONDITIONS.
(a)
A permit issued pursuant to this article shall (1) specify and approve the location or locations to which said tree may be relocated, (2) designate the
species, number, and size of any replacement tree or trees, and (3) set forth any other conditions or requirements deemed necessary by the Board of Public Works,
or its authorized officer or employee, to implement the provisions of this article.
(b)
It shall be a misdemeanor for any person to fail or refuse to comply with, or to wilfully violate, any condition or requirement imposed in a permit
issued pursuant to this article.
SEC. 46.04. FEES.
A fee shall be charged for issuance of any permit pursuant to this article, which permits the removal of one or more protected trees. The fee shall be
determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
SEC. 46.05. APPEAL.
In the event an application for a permit under this article is denied, the applicant shall be notified of such denial in writing, said applicant’s right to file an
appeal with the Board of Public Works, the time limits, and other requirements for the filing of said appeal.
No appeal shall be considered by the Board unless said appeal has been filed with the Board no greater than 10 days after the date said notice of denial is
mailed.
The Board shall conduct a hearing within 30 days after receiving an appeal, and shall render a written decision approving, conditionally approving, or
disapproving the issuance of the permit applied for.
SEC. 46.06. WITHHOLDING OR REVOCATION OF BUILDING PERMITS FOR ILLEGAL REMOVAL OR RELOCATION OF PROTECTED
TREES.
(a)
The Bureau of Street Services, after notice and hearing pursuant to Subsections (b) and (c) of this section, shall have the authority to request the
Superintendent of Building to withhold issuance of building permits, except for permits that are necessary to comply with a Department of Building and Safety
order, for a period of time up to a maximum of ten years as requested by the Bureau and to revoke any building permit issued for which construction has not
commenced with respect to any property on which any protected tree has been removed or relocated in violation of Section 46.00 of this Code.
The request shall be made in writing by the Director of the Bureau of Street Services or his/her designee and shall specifically state the start date and end date
of the period of time the Bureau, or the Board of Public Works on appeal, have deemed necessary pursuant to Subsection (c) of this section. The period shall
commence on the date the Bureau first becomes aware of the removal of the tree. Provided, however, the authority of the Bureau to act shall not apply to a
purchaser, or to his or her agent, who in good faith and for valuable consideration has acquired title to the property subsequent to the illegal removal or relocation of
any protected trees and prior to the recordation of the notice of intent as provided for in Subsection (b) of this section.
(b)
The Bureau shall notify the applicant or permittee in writing of its intent to act pursuant to this section. The notice shall state that the applicant or
permittee may submit any evidence it deems relevant on this matter, the hearing to be held on a date specified in the notice. A copy of the notice shall also be
mailed to the owner of the property, if different from the applicant or permittee, as shown on the last equalized assessment roll, and to any person holding a deed of
trust, mortgage or other security interest in the property as revealed by a title search with respect to the property. A copy of the notice shall also be recorded by the
Bureau with the County Recorder.
(c)
The Bureau hearing shall be set on a date no earlier than 20 days after the date of the mailing of the notice provided for in Subsection (b) above. At the
hearing, if the facts indicate, the Bureau shall make a finding that the applicant or permittee is not a purchaser in good faith and for valuable consideration who
acquired title to the property subsequent to the illegal removal or relocation of the protected tree and prior to the recordation of the notice of intent as provided for
in Subsection (b) above. In the event the Bureau finds that a protected tree was removed or relocated in violation of Section 46.00 of this Code, it shall specify to
the Superintendent of Building the length of time the issuance of building permits shall be withheld and whether building permits for which construction has not
commenced shall be revoked. In making its determination, the Bureau shall consider the following factors: the number of trees removed or relocated, the size and
age of the trees removed or relocated, the knowledge and intent of the owners of the property with respect to the removal or relocation and prior violations of law
with respect to removal or relocation of protected trees. The applicant or permittee shall be notified in writing of the Bureau's determination within 30 days of the
hearing.
(d)
The applicant or permittee may appeal to the Board of Public Works any determination by the Bureau to request the Superintendent of Building to
revoke or withhold issuance of building permits, including the length of time imposed. The appeal must be filed with the Board of Public Works within 30 days of
the date of mailing of the notice of determination as provided for in Subsection (c) above. Further, any action by the Department of Building and Safety resulting
from any of the provisions of this section, including building permit revocation, shall not be appealable to the Board of Building and Safety Commissioners.
(e)
Any final determination of the Bureau or the Board of Public Works on appeal, to request the Superintendent of Building to withhold issuance of
building permits or to revoke a building permit, shall be forwarded to the Superintendent within ten days of the Bureau or Board's determination and shall also be
set forth in an affidavit, which shall be recorded by the Bureau with the County Recorder within ten days of the Bureau or Board's determination.
ARTICLE 6.5
REGULATION OF OVER-THE-COUNTER DRUGS
(Article and Sections, Added by Ord. No. 157,089, Eff. 10/18/82.)
Section
46.10
46.11
46.12
46.13
Definitions.
Over-the-counter Drugs Resembling Dangerous Drugs – Sale Prohibited.
Misrepresentation as a Dangerous Drug.
Disclosure of Hazards.
46.14
46.15
Disclosure of Contents.
Exception.
(a)
For the purposes of this article the term “over-the-counter drug” shall mean any drug, as the term “drug” is defined in Section 4031 of the Business
and Professions Code of the State of California, other than a dangerous drug.
(b)
For the purposes of this article, the term “dangerous drug” shall mean any substance defined as such by the provisions of Section 4211 of the Business
and Professions Code.
SEC. 46.11. OVER-THE-COUNTER DRUGS RESEMBLING DANGEROUS DRUGS – SALE PROHIBITED.
No person shall offer for display or sale, or sell, any over-the- counter drug or other substance which, because of its resemblance in appearance, may be
confused with one or more of the following dangerous drugs, or an isomer, ester, ether, salt or salt of an isomer whenever the existence of such an isomer, ester,
ether or salt is possible within the specific chemical designation of the drug, or a compound, mixture or preparation containing such drug:
1.
An amphetamine.
2.
A barbiturate.
3.
Benzodiazepine.
4.
Chloral hydrate.
5.
Codeine.
6.
Glutethimide.
7.
Methaqualone.
8.
Pentozocine.
9.
Phendimetrazine.
10.
Phenmetrazine.
11.
Phentermine.
SEC. 46.12. MISREPRESENTATION AS A DANGEROUS DRUG.
No person shall represent, either orally or in writing, or by nonverbal communication, that an over-the-counter drug is a dangerous drug. This section shall be
inapplicable to any misrepresentation prohibited by either Section 11355, 11382 or 26460 of the Health and Safety Code of the State of California.
SEC. 46.13. DISCLOSURE OF HAZARDS.
No over-the-counter drug containing caffeine, ephedrine or phenylpropanolamine shall be displayed or offered for sale, or sold unless there appears on the
package or container in which said drug is displayed or offered for sale, or sold, a label stating “WARNING, DO NOT EXCEED THE RECOMMENDED
DOSAGE FOR THIS DRUG AS STATED ON THE LABEL”. Such warning shall be in red lettering.
SEC. 46.14. DISCLOSURE OF CONTENTS.
No over-the-counter drug containing caffeine, ephedrine or phenylpropanolamine shall be displayed or offered for sale, or sold, unless the name and quantity of
each active ingredient is stated on the label of the container in which such drug is displayed or offered for sale or sold.
SEC. 46.15. EXCEPTION.
The provisions of this section shall not apply to the distribution of an over-the-counter drug when dispensed as a placebo by a practitioner, as the term
“practitioner” is defined in Section 11026 of the Health and Safety Code, in the course of lawful professional practice.
ARTICLE 6.6
BATH SALTS – SALE AND USE PROHIBITED
(Article and Section Added by Ord. No. 181,908, Eff. 10/20/11.)
Section
46.20
Products Containing Mephedrone, Methylenedioxypyrovalerone (MDPV) or Any Other Chemical Derivative of Methcathinone – Sale and Use Prohibited.
SEC. 46.20. PRODUCTS CONTAINING MEPHEDRONE, METHYLENEDIOXYPYROVALERONE (MDPV) OR ANY OTHER CHEMICAL
DERIVATIVE OF METHCATHINONE – SALE AND USE PROHIBITED.
(a)
It is unlawful for any person to display for sale, sell, give, exchange, or otherwise distribute to any person products containing Mephedrone,
Methylendioxypyrovalerone (MDPV) or any other chemical derivative of Methcathinone except as authorized by law.
(b)
It is unlawful for any person to use, or to possess with intent to use, ingest, inhale, or otherwise introduce into the human body products containing
Mephedrone, MDPV or any other chemical derivative of Methcathinone except as authorized by law.
(c)
Penalty. Violation of this Section shall constitute a misdemeanor.
(d)
Severability. If any provision of this Section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity
shall not affect the remaining provisions which can be implemented without the invalid provisions, and to this end, the provisions of this Section are declared to be
severable.
ARTICLE 6.8
ALCOHOLIC BEVERAGES – WARNING SIGNS
(Sec. 46.80, Art. 6.8, Ch. IV, Added by Ord. No. 161,361, Eff. 7/19/86.)
Section
46.80
Signs – Dangers of Consuming Alcoholic Beverages During Pregnancy.
SEC. 46.80. SIGNS – DANGERS OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY.
(a)
Duty to Post. Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the
public, alcoholic beverages including beer and wine shall cause a sign or notice to be posted or displayed on the premises as provided in this Section. The sign or
notice shall comply with the readability requirements specified herein and shall read substantially as follows: WARNING. DRINKING WINE, BEER AND
OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. In no event shall a sign as required herein be smaller than 8
inches wide and 8 inches long, nor shall any lettering thereon be less than 1 inch in height.
(b)
Placement. A sign or notice required by Subsection (a) above shall be placed as follows:
(1)
Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the
premises, at least one sign shall be so placed as to assure that it is readable from all locations at which said sale or dispensing occur.
(2)
Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided through over-the-counter
service, at least one sign shall be placed to assure that is readable from all counter locations available to the public.
(3)
Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption on the
premises by the public at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the
premises; provided however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible
and readable as materials provided to the public which list food and beverage prices.
(c)
Language. In the event a substantial number of the public patronizing a premises offering for sale or dispensing for consideration, alcoholic beverages,
including beer and wine, uses a language other than English as a primary language, any sign or notice required by Subsection (a) above shall be worded in both
English and the primary language or languages involved.
ARTICLE 6.9
TOBACCO RETAILER’S PERMIT
(Article Added by Ord. No. 173,260, Eff. 6/25/00; Title Added by Ord. No. 179,436, Eff. 1/28/08.)
Section
46.90
46.91
46.92
46.93
46.94
46.95
46.96
46.97
46.98
46.99
46.100
46.101
Definitions.
Tobacco Retailer’s Permit Required.
Application Procedure.
Issuance of Permit.
Display of Permit.
Fees for Permit.
Renewal of Permit; Delinquency.
Permits Not Transferable.
Administrative Violations.
Administrative Penalties
Right to Administrative Review and Procedures.
Severability.
(a)
“Proprietor” shall mean a person with ownership or managerial interest in the business. An ownership interest shall be deemed to exist when a person
has ten percent or greater interest in the stock, assets, or income of a business. A managerial interest shall be deemed to exist when a person can or does, have or
share, ultimate control over the day-to-day operations of the business.
(b)
“Tobacco paraphernalia” shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and
any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
(c)
“Tobacco product” shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco, dipping tobacco, bidis or beedies, hookah tobacco or any other preparation of tobacco.
(d)
“Tobacco retailer” shall mean any person or proprietor who sells, offers for sale, or exchanges or offers to exchange for any form of consideration,
tobacco, tobacco products or tobacco paraphernalia; “tobacco retailing” shall mean engaging in any of the above.
(e)
“Arm’s length transaction” shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market
between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or
partners, or a sale for which a significant purpose is to avoid the effect of the violations of this article is not an arm’s length transaction.
SEC. 46.91. TOBACCO RETAILER’S PERMIT REQUIRED.
(Title and Section Amended by Ord. 179,436, Eff. 1/28/08.)
(a)
It shall be a misdemeanor for any person or proprietor, within the City of Los Angeles, to act as a tobacco retailer at a location for which a valid
Tobacco Retailer’s Permit has not been issued pursuant to this article. A separate Tobacco Retailer’s Permit is required for each location at which tobacco retailing
is to occur. No permit shall be issued to authorize tobacco retailing at any place other than a fixed location. Tobacco retailing from any non- permanent location,
including from vehicles, is prohibited. No permit shall be issued for residences, newsstands, or locations where engaging in tobacco retailing is prohibited by
federal, state or local law.
(b)
A person or proprietor without a valid Tobacco Retailer’s Permit, including a person or proprietor whose permit has been suspended, shall keep all
tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall
constitute tobacco retailing without a permit.
(c)
Each day that a person or proprietor sells or offers for sale tobacco, tobacco products or tobacco paraphernalia without a valid Tobacco Retailer’s
Permit shall constitute a separate violation.
SEC. 46.92. APPLICATION PROCEDURE.
(a)
Application for a Tobacco Retailer’s Permit shall be submitted to the Office of Finance by any proprietor of a business seeking the permit, with at least
one proprietor personally identifying himself or herself with valid government-issued identification at the time the application is submitted. An authorized agent of
a business or corporation may submit an application for a Tobacco Retailer’s Permit if the application has been completed, signed and notarized by at least one
proprietor or corporate officer. Each applicant shall be responsible for reviewing the conditions of conducting retail tobacco sales within the City of Los Angeles
and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on a form supplied by the City
and shall contain the following information:
(1)
The business name, address and telephone number of the location for which the Tobacco Retailer’s Permit is sought;
(2)
The name, mailing address and telephone number of the proprietor or person authorized to receive communications and notices required by or
authorized by this article. If this information is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address
of the location for which the Tobacco Retailer’s Permit is sought;
(3)
The type and identifying number of the government-issued identification presented with the application; and
(4)
Other information the City Attorney deems necessary for enforcement of this ordinance.
(b)
A Tobacco Retailer’s Permit must be obtained prior to the sale of any tobacco product or tobacco paraphernalia. A new Tobacco Retailer’s Permit
must be obtained upon change of ownership or upon change of form of ownership prior to the sale of any tobacco product, including but not limited to a sole
proprietor becoming a corporation.
SEC. 46.93. ISSUANCE OF PERMIT.
(a)
The permit shall state the following on its face:
(1)
Legal owner,
(2)
Doing Business As (D.B.A.),
(3)
Los Angeles Municipal Code section regulating Tobacco Retailer’s Permits,
(4)
Business and mailing addresses,
(5)
Date permit was issued and permit expiration date,
(6)
Account number.
(b)
Upon the receipt of an application for a Tobacco Retailer’s Permit and fee payment, the Office of Finance shall issue a permit, unless the City Attorney
demonstrates one of the following bases for denial:
(1)
The application is incomplete or inaccurate; or
(2)
The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to Section 46.98; or
(3)
The application seeks authorization for tobacco retailing that is unlawful pursuant to any section of this article or any federal, state or local law.
(c)
City Attorney’s Responsibilities. It shall be the responsibility of the City Attorney or his/her designee to enforce all provisions set forth in this
article, which includes but is not limited to the following:
(1)
Investigate and prosecute tobacco retailers who fail to obtain and/or maintain a Tobacco Retailer’s Permit.
(2)
Conduct any and all audits that may be necessary in the investigation of tobacco retailers.
(d)
Office of Finance Responsibilities. It shall be the duty of the Office of Finance to administer and process the Tobacco Retailer’s Permit application;
mail renewal notices to permittees by November 1st of each year; and deposit funds collected for each Tobacco Retailer’s Permit into the General Fund.
SEC. 46.94. DISPLAY OF PERMIT.
Any Tobacco Retailer’s Permit issued pursuant to this article shall be prominently displayed in public view at the location for which it is issued.
SEC. 46.95. FEES FOR PERMIT.
(a)
A fee shall be charged for a Tobacco Retailer's Permit. The permit fee will be recalculated annually and approved by the City Council. The permit fee
shall be calculated so as not to exceed the amount necessary to recover the cost of both the administration and enforcement of the Tobacco Retailer's Permit
Program, including the costs of issuing the permits, renewing the permits, administering the retailer permit program, retailer education, retailer inspection and
compliance checks, documentation of violations, prosecution of violators, adjudications, and convictions. The permit fee for calendar year 2008 shall be $208. The
permit fee for calendar year 2009 and thereafter shall be $300 until such fee is recalculated and the revised fee is approved by the City Council. All fees are nonrefundable, except as required by law, and shall be used exclusively to reimburse the costs incurred for the program. Fees shall not be prorated. All fees collected
shall be deposited into the General Fund.
(b)
A $5.00 charge shall be imposed for the issuance of a duplicate permit upon the permittee or an authorized representative stating, in a properly
executed affidavit of loss, that the original permit has been lost or destroyed. This charge shall be deposited into the General Fund.
SEC. 46.96. RENEWAL OF PERMIT; DELINQUENCY.
A Tobacco Retailer’s Permit is invalid unless the required fee has been paid in full and the term of the permit has not yet expired. The term of the permit shall
be one year, and the permit shall be deemed expired on December 31st of the year for which the permit was issued. Renewal statements shall be due and payable
November 1st of each year and shall be delinquent by January 1st of the next year. Delinquent renewals shall be charged an additional sum equal to 25 percent of
the required permit fee. This additional sum shall become a part of the fee required by the Office of Finance.
SEC. 46.97. PERMITS NOT TRANSFERABLE.
A Tobacco Retailer’s Permit is non-transferable. If a new person or proprietor acquires a business engaged in tobacco retailing, that person or proprietor must
apply for a new permit before engaging in the sale of tobacco products or tobacco paraphernalia.
SEC. 46.98. ADMINISTRATIVE VIOLATIONS.
(a)
Cumulative to Other Violations. The violations set forth in this section are cumulative to, and in addition to, any other violations of federal, state or
local law and shall be punished as specified in Section 46.99.
(b)
Failure to Comply With Federal, State or Local Law. Any tobacco retailer for whom a duly certified abstract of the record of any court or
administrative adjudicative proceeding has been received by the City Attorney showing that the tobacco retailer has violated any federal, state or local law regarding
the sale, advertisement or display of tobacco products shall be guilty of an administrative violation. An administrative penalty will be imposed under Section 46.99
when the person or proprietor has either been:
(1)
determined to be in violation of any federal, state or local law by an appropriate governmental administrative agency, or
(2)
determined to be in violation of any federal, state or local law by a court of competent jurisdiction including but not limited to the entry of a
plea of guilty or “no contest” in a criminal case.
SEC. 46.99. ADMINISTRATIVE PENALTIES
(a)
Any tobacco retailer determined by the City Attorney or his/her designee to have violated Section 46.98 shall be subject to the penalties of this section. The City Attorney or his/her designee shall notify the tobacco retailer that there has been an initial determination of violation under the provisions of this ordinance,
and shall specify the violation and the penalty imposed, including the effective date of the suspension, if any. The notice shall further state that the tobacco retailer
may, within 15 calendar days of receipt of the notice, submit to the City Attorney any written or documentary evidence to contest the initial determination of
violation. After receiving and considering the evidence that is provided, the City Attorney or his/her designee shall prepare a final written decision with findings,
and shall serve this final determination upon the tobacco retailer. Upon written request, the tobacco retailer shall have the right to receive copies of any records
upon which the final determination is based. This final determination shall be served within 30 calendar days of the initial determination.
(b)
Administrative penalties shall be imposed as follows:
(1)
for the first violation in any five-year period, the tobacco retailer shall receive a letter of reprimand from the City Attorney;
(2)
for the second violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 30 calendar days;
(3)
for a third violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 90 calendar days;
(4)
for a fourth or subsequent violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 12 months.
(c)
Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and permit suspension
periods shall continue to apply to a location unless:
(1)
the location has been fully transferred to a new proprietor or proprietors; and
(2)
the new proprietor(s) provide the City Attorney with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the
location in an arm's length transaction.
SEC. 46.100. RIGHT TO ADMINISTRATIVE REVIEW AND PROCEDURES.
(a)
The tobacco retailer shall have the right to an administrative review of the final determination of the City Attorney. The administrative review shall be
conducted by the Police Permit Review Panel as authorized by Los Angeles Municipal Code Section 102.13.01. To obtain an administrative review of the City
Attorney’s final determination, the tobacco retailer must notify the City Attorney, in writing, within 15 calendar days of its receipt of the City Attorney’s final
determination. The timely filing of a request for an administrative review shall hold in abeyance any permit suspension until the administrative review is heard and
decided.
(b)
Notice of Review. If a review is requested pursuant to Section 46.100(a) the City Attorney shall provide written notice, within 45 calendar days of its
receipt of the request, to the tobacco retailer of the date, time and place of the review.
(c)
Review Procedure. The administrative review hearing shall be recorded by a certified court reporter. During the hearing, no evidence or testimony
shall be presented to the Panel. The purpose of the Panel’s review is to ascertain whether the final determination of the City Attorney was supported by the
administrative record. A decision shall be rendered by the Police Permit Review Panel at the conclusion of the hearing. Notice of the decision shall be mailed to the
tobacco retailer who requested the review.
(d)
Finality of The Police Permit Review Panel’s Decision. The decision of the Police Permit Review Panel shall be the final decision of the City.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases of this Ordinance or the rules adopted hereby. The City Council of the City of Los Angeles hereby declares that it would have adopted independently each
section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
ARTICLE 7
MISCELLANEOUS
Section
47.00
47.02
47.04
47.05
47.06
47.07
Posting of Telephone Number of the Fire Department Emergency Ambulance Service in Eating Establishments.
Marathons – Endurance Contests and Exhibitions.
Sale of Used or Secondhand Hats.
New Locks in Apartments – Installation Required.
Tenant Relocation Assistance Where Apartments Are to Be Converted.
Tenant Relocation Assistance Where Apartments Are to Be Demolished.
47.08
47.09
47.10
47.11
47.12
47.13
47.14
47.15
47.16
47.17
47.50
Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use.
Mobilehome Park Closure Impact Report.
Landlords – Nonpayment of Utility Bills.
Display of Aerosol Spray Paint Containers and Marker Pens.
Excessive Price Increases During State of Emergency.
Insertion of Writings into Containers.
Self Service Display of Tobacco Products.
Spectators Prohibited at Speed Contests and Exhibitions of Speed.
Display and Sale of Glass Etching Products.
Sale of Motor-driven Cycles and Motorized Bicycles.
Narcotics, Violent Crime, Unlawful Weapon or Ammunition Crime, and Gang-Related Crime Eviction Program.
SEC. 47.00. POSTING OF TELEPHONE NUMBER OF THE FIRE DEPARTMENT EMERGENCY AMBULANCE SERVICE IN EATING
ESTABLISHMENTS.
(Added by No. 148,123, Eff. 4/11/76.)
Every person conducting, operating or managing any restaurant, cafeteria, coffee shop, food stand or other eating establishment where food is sold to be
consumed on the premises thereof shall display near each telephone located upon said premises the local telephone number to summon the Fire Department
Emergency Ambulance Service for the area involved. Said telephone number shall be set forth as follows:
“EMERGENCY CALLS
AMBULANCE (telephone number)”
SEC. 47.01. HOTELS, MOTELS, LODGING AND ROOMING HOUSES – REGISTER REQUIRED.
SEC. 47.02. MARATHONS – ENDURANCE CONTESTS AND EXHIBITIONS.
No person shall conduct carry on or participate in any marathon dance contest or exhibition or any walkathon or walking contest or exhibition, or any tree
sitting, pole sitting, or platform endurance contest or exhibition, or any contest or exhibition in which any human being is buried or concealed underground, or any
other endurance contest or exhibition of a nature similar to any contest or exhibition enumerated herein.
See CR A 1303.
SEC. 47.03. POLITICAL SOLICITATIONS FROM CITY OFFICERS AND EMPLOYEES.
SEC. 47.04. SALE OF USED OR SECONDHAND HATS.
No person shall sell, expose for sale, offer for sale, or trade any used or secondhand hat unless:
(a)
Such hat has securely and conspicuously affixed therein a label upon which there is printed in the English language the name and address of the
manufacturer of the hat, and also either the words “Used Hat”, or the words “Secondhand Hat”; and
(b)
A sign bearing either the words, “Used Hats”, or the words, “Secondhand Hats”, and legible at a distance of thirty (30) feet, is kept posted in
a conspicuous place on the premises where such hats are sold, exposed for sale, offered for sale or trade, or a sign bearing either the words, “Used Hats”, or
the words, “Secondhand Hats”, is kept posted at or adjacent to the counter, or other place, where such hats are sold, exposed for sale, offered for sale or
trade.
SEC. 47.05. NEW LOCKS IN APARTMENTS – INSTALLATION REQUIRED.
As used herein the terms “dwelling unit” and “apartment hotel” shall be defined as those terms are defined in Section 12.03 of this Code.
Any person managing controlling, leasing or renting any previously occupied dwelling unit, other than a dwelling unit in an apartment hotel which is
customarily occupied for a period of 15 days or less, shall, at the time any lease or rental of such dwelling unit is entered into, notify the lessee that any lock on the
leased or rented premises will be changed upon written request therefor. If requested, such lock change shall be accomplished within 15 days after the date of such
request by either installing a new lock, installing another key cylinder or by altering the pins of the existing lock so that such lock can be opened only with a new
key. A violation of any of the provisions of this section shall be punishable as an infraction.
SEC. 47.06. TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARE TO BE CONVERTED.
A.
Statement of Purposes. At the present time, there is a critically short supply of rental housing in the City of Los Angeles. Many rental housing units
have been removed from the rental market through conversion to condominiums, stock cooperatives, community apartment projects, hotels and commercial uses.
Tenants who are evicted due to conversion are experiencing serious difficulties in locating comparable replacement rental housing. These difficulties are particularly
acute for elderly tenants and those with physical limitations, particularly the handicapped and disabled. In addition, families with minor dependent children face
greater relocation difficulties than families without such children.
The City’s condominium conversion ordinance addresses these grave public health and welfare problems in the context of new conversions of existing rental
units to various forms of divided ownership. However, that ordinance does not provide assistance to tenants displaced due to the conversion of their rental units to
condominiums, stock cooperatives or community apartment projects exempted from the new conversion ordinance, or to hotels. Additionally, in some instances
tenants displaced due to conversions already approved by the City (under the previous conversion ordinance) are not receiving relocation assistance, yet often face
similar relocation difficulties.
Since the conversion of rental units to condominiums, stock cooperatives, community apartment projects, hotels and commercial uses is a substantial cause of
the rental housing shortage, the City Council finds and declares that it would be just and proper for the subdividers who may enjoy the benefits of such conversions
to assist tenants who are displaced by the conversion activity and who otherwise would be forced to bear the burdens of displacement without any assistance. The
Council also finds that the necessity for relocation assistance is significantly less for the tenants of luxury apartment units.
B.
Definitions. For purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:
Landlord: An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive
rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
Notice of Termination: The notice of intention to terminate tenancy, whether given by a landlord or by a tenant, provided for by California Civil Code
Section 1946. (Amended by Ord. No. 155,397, Eff. 8/2/81.)
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant gives or receives a Notice of Termination: has
attained age 62; is handicapped as defined in Section 50072 of the California Health and Safety Code; is disabled as defined Title 42 United States Code
423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children. (Amended
by Ord. No. 162,743, Eff. 9/24/87.)
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of those
services. (Added by Ord. No. 178,632, Eff. 5/26/07.)
Rental Unit: Each dwelling unit, efficiency dwelling unit, guest room, and suite in the City of Los Angeles, as defined in Section 12.03 of this Code,
together with the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or
occupancy thereof, including garage and parking facilities. The term shall not include:
1.
A one-family dwelling, except where three or more dwelling units are located on the same lot;
2.
Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that at such time as an
accommodation has been occupied by one or more of the same tenants for sixty 60 days or more such accommodation shall become a rental unit
subject to the provisions of this section.
3.
Housing accommodations in any hospital, convent, monastery, extended medical care facility, asylum, nonprofit home for the aged,
fraternity or sorority house, or housing accommodations owned, operated or managed by an institution of higher education, a high school or an
elementary school for occupancy by its students.
4.
from municipal rent regulation by state or federal law or administrative regulation.
5.
Luxury housing accommodations wherein as of May 31,1978 the rent charged per month was at least $302 for a unit with no bedrooms,
$420 for a unit with one bedroom; $588 for a unit with two bedrooms; $756 for a unit with three bedrooms; and $823 for a unit with four bedrooms
or more.
6.
Mobile home.
Tenant: A tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a rental unit. Tenant does not include any person
who:
(1) is residing in a conversion project and intends to purchase a unit in such project after conversion has been accomplished, or who intends to
reside with such a purchaser, or
(2)
received actual written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the
building to a condominium, stock cooperative or community apartment project was on file with the City or had already been approved, whichever the
case may be.
C.
Relocation Assistance Required. (Amended by Ord. No. 178,632, Eff. 5/26/07.) In connection with the conversion of a building into a
condominium, community apartment or stock cooperative, as those terms are defined in the California Government Code and Business and Professions Code, or
into a hotel or apartment hotel or to a use permitted in any commercial zone, the landlord shall pay the City a fee for the purpose of providing relocation assistance
by the City's Relocation Assistance Service Provider to each tenant in accordance with Subsection D. of this section. The fee shall be $640 for each unit occupied
by a qualified tenant and $400 for each unit occupied by other tenants, and an additional $55 per unit administrative fee to pay for the administrative costs
associated with this service. The fees, set forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the
first 12-month period ending September 30, of each year, as determined and published by the Housing Department on or before May 30, of each year, pursuant to
Section 151.07 A.6. of this Code.
This subsection shall not apply where a subdivision map application for condominiums, stock cooperative or community apartment purposes was filed for
approval with the City prior to the issuance of the original certificate of occupancy for the building. A landlord's obligation to comply with Subsection D. of this
section does not exist prior to the time the landlord gives the notice of intention to convert required by Government Code Section 66427.1.
D.
Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with the following
provisions.
1.
Landlord’s Responsibility.
a.
(Amended by Ord. No. 178,632, Eff. 5/26/07.) The landlord shall pay a fee to the City so that a Relocation Assistance Service Provider
will:
(1)
Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units which are
comparable as to size and amenities to the unit occupied by the tenant, and
(2)
Make a reasonable and good faith effort to assure that tenants without cars are driven, at no cost, and tenants with cars are
assisted, in order to inspect replacement rental units, and
(3)
Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or
handicapped tenant with relocation-related activities.
b.
(Amended by Ord. No. 178,632, Eff. 5/26/07.) In order to assist the tenants in meeting costs of relocation, higher rents for replacement
housing, and any related expenses, pay a relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the
applicable fees:
(1)
$14,850 to qualified tenants and a $6,810 fee to all other tenants who have lived in their rental unit for fewer than three years, or
(2)
$17,080 to qualified tenants and a $9,040 fee to all other tenants who have lived in their rental unit for three years or longer, or
(3)
$18,300 to qualified tenants and $9,650 to all other tenants whose household income is 80 percent or below Area Median
Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of
tenancy. Tenants who claim eligibility pursuant to this Subparagraph shall file a statement with the Housing Department verifying their
income on a form prescribed by the Housing Department. Requests for a hearing to appeal a decision regarding a tenant's relocation
assistance, including disputes about eligibility for higher relocation assistance based on a tenant's income, age, length of tenancy, family status
and disability status, must be filed in writing on the form prescribed by the Housing Department. The Housing Department shall charge the
appellant a fee of $193 per rental unit to cover the administrative costs of the hearing. (Amended by Ord. No. 181,744, Eff. 7/15/11.)
(4)
The above listed relocation assistance fees will sunset on July 1, 2008, unless the City Council acts by resolution to extend these
provisions. If these provisions are not extended, the following provision will become effective on July 1, 2008:
$17,080 to qualified tenants and a $9,040 fee to all other tenants.
For the year beginning July 1, 2008, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set
forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment.
c.
(Added by Ord. No. 178,632, Eff. 5/26/07.) The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1)
The entire fee shall be paid to a tenant who is the only tenant in a rental unit;
(2)
If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee.
In no event shall the landlord be liable to pay more than the maximum relocation amounts set forth above to all tenants residing in a rental unit. If a tenant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then
those benefits shall operate as a credit against any fee required to be paid to the tenant under this section.
2.
When Assistance Shall Be Provided. (Amended by Ord. No. 178,632, Eff. 5/26/07.)
a.
Payment for Relocation Assistance Service Provider. The landlord shall perform the acts described in Paragraph a. of Subdivision 1.
above on or before the service of the 180-day notice of intention to convert.
b.
Monetary Assistance. The landlord shall perform the acts described in Paragraph b. of Subdivision 1. above within 15 days of service of
the Notice of Termination or within 15 days of receiving notice from the tenant of his/her intention to terminate the tenancy subsequent to approval
of a tentative parcel or tract map and prior to receiving a Notice of Termination of Tenancy.
E.
Civil Remedies. In an action by a landlord to recover possession of a rental unit, a tenant may raise as an affirmative defense the failure of the
landlord to comply with Subsection D of this section. In addition, any landlord who fails to provide monetary relocation assistance to a tenant as required by this
section shall be liable in a civil action to the tenant to whom such assistance is due for damages in the amount the landlord has failed to pay, together with
reasonable attorney fees and costs as determined by the court. (Amended by Ord. No. 155,397, Eff. 8/2/81.)
F.
(Deleted by Ord. No. 178,632, Eff. 5/26/07.)
SEC. 47.07. TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARE TO BE DEMOLISHED.
A.
Statement of Purpose. The provisions of this section are intended to provide relocation assistance to tenants facing eviction due to demolition or
removal of their building to another site. Such assistance is required for the reasons stated in Section 47.06.
B.
Definitions. For purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:
Landlord: An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive
rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
Notice of Termination: The notice of intention to terminate tenancy, whether given by a landlord or by a tenant, provided for by California Civil Code
Section 1946. (Amended by Ord. No. 155,397, Eff. 8/2/81.)
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant gives or receives a Notice of Termination: has
attained age 62; is handicapped as defined in Section 50072 of the California Health and Safely Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children. (Amended
by Ord. No. 162,743, Eff. 9/24/87.)
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of such
Rental Unit: Each dwelling unit, efficiency dwelling unit, guest room, and suite in the City of Los Angeles, as defined in Section 12.03 of this Code,
together with the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or
occupancy thereof, including garage and parking facilities. The term shall not include:
1.
A one-family dwelling, except where three or more dwelling units are located on the same lot.
2.
A two family dwelling, provided that one dwelling unit therein is occupied by a record owner of the property.
3.
An apartment house or apartment hotel, provided that such house or hotel contains at most three dwelling units and one such dwelling unit
is occupied by a record owner of the property.
4.
Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that at such time as an
accommodation has been occupied by one or more of the same tenants for sixty 60 days or more such accommodation shall become a rental unit
subject to the provisions of this section.
5.
Housing accommodations in any hospital, convent, monastery, extended medical care facility, asylum, nonprofit home for the aged,
fraternity or sorority house, or housing accommodations owned, operated or managed by an institution of higher education, a high school or an
elementary school for occupancy by its students.
6.
from municipal rent regulation by state or federal law or administrative regulation.
7.
Luxury housing accommodations wherein as of May 31, 1978 the rent charged per month was at least $302 for a unit with no bedrooms,
$420 for a unit with one bedroom; $588 for a unit with two bedrooms; $756 for a unit with three bedrooms; and $823 for a unit with four bedrooms
or more.
8.
Mobile home.
Tenant: A tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a rental unit. Tenant does not include any person
who received actual written notice, prior to entering into a written or oral tenancy agreement, that an application to subdivide the property for condominium,
stock cooperative or community apartment purposes was on file with the city or had already been approved, whichever the case may be, and that the existing
building would be demolished or relocated in connection with the proposed new subdivision.
C.
Relocation Assistance Required. The landlord shall pay the City a fee for the purpose of providing relocation assistance by the City's Relocation
Assistance Service Provider to each tenant in accordance with Subsection D. of this section in connection with the demolition of a building or its relocation to
another site for either of the following purposes: (1) to construct a new condominium, community apartment or stock cooperative, as those terms are defined in the
California Government Code and Business and Professions Code; or (2) to use the property for any commercial purpose. Where a landlord is required, pursuant to
a condition of approval of a subdivision map, to give a tenant a notice of intention to demolish, the landlord's obligation to comply with this section does not exist
prior to the giving of that notice. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit occupied by other tenants, and an
additional $55 per unit to pay for the administrative costs associated with this service. The fees, set forth above, may be increased in an amount based on the
Consumer Price Index - All Urban Consumers averaged for the first 12 month-period ending September 30, of each year, as determined and published by the
Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of this Code. (Amended by Ord. No. 178,632, Eff. 5/26/07.)
D.
Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with the following
provisions.
1.
Landlord’s Responsibility.
a.
(Amended by Ord. No. 178,632, Eff. 5/26/07.) The landlord shall pay a fee to the City so that a Relocation Assistance Service Provider
will:
(1)
Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental which are
(2)
(3)
b.
(Amended by Ord. No. 178,632, Eff. 5/26/07.) In order to assist the tenants in meeting costs of relocation, higher rents for replacement
housing, and any related expenses, pay a relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the
applicable fees:
(1)
$14,850 to qualified tenants and a $6,810 fee to all other tenants who have lived in their rental unit for fewer than three years, or
(2)
$17,080 to qualified tenants and a $9,040 fee to all other tenants who have lived in their rental unit for three years or longer, or
(3)
$18,300 to qualified tenants and $9,650 to all other tenants whose household income is 80 percent or below Area Median
Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of
tenancy. Tenants who claim eligibility pursuant to this Subparagraph shall file a statement with the Housing Department verifying their
income on a form prescribed by the Housing Department. Requests for a hearing to appeal a decision regarding a tenant's relocation
assistance, including disputes about eligibility for higher relocation assistance based on a tenant's income, age, length of tenancy, family status
and/or disability status, must be filed in writing on the form prescribed by the Housing Department. The Housing Department shall charge the
appellant a fee of $193 per rental unit to cover the administrative costs of the hearing. (Amended by Ord. No. 181,744, Eff. 7/15/11.)
(4)
The above listed relocation assistance fees will sunset on July 1, 2008, unless the City Council acts by resolution to extend these
provisions. If these provisions are not extended, the following provision will become effective on July 1, 2008:
$17,080 to qualified tenants and a $9,040 fee to all other tenants.
c.
(Added by Ord. No. 178,632, Eff. 5/26/07.) The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1)
The entire fee shall be paid to a tenant who is the only tenant in a rental unit;
(2)
If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee;
2.
a.
Payment for Relocation Assistance Service Provider. The landlord shall perform the acts described in Paragraph a. of Subdivision 1.
above on or before the service of either the notice described in California Government Code Section 7060.2 (b), or the Notice of Termination,
whichever occurs first.
b.
Monetary Assistance. The landlord shall provide the assistance described in Paragraph b. of Subdivision 1. above within 15 days of
service of the Notice of Termination.
E.
Monitoring Program. A demolition permit shall not be issued unless the Housing Department provides a written clearance to the Department of
Building and Safety stating that the landlord has complied with the relocation assistance requirements of this section. The landlord shall provide proof of
compliance with the relocation assistance requirements of this section to the Housing Department on a form provided by the Housing Department. The form shall
be accompanied by a fee of $45 per unit. (Added by Ord. No. 178,632, Eff. 5/26/07.)
F.
Civil Remedies. In an action by a landlord to recover possession of a rental unit, a tenant may raise as an affirmative defense the failure of the landlord
to comply with Subsection D of this section. In addition, any landlord who fails to provide monetary relocation assistance to a tenant as required by this section
shall be liable in a civil action to the tenant to whom such assistance is due for damages in the amount the landlord has failed to pay, together with reasonable
attorney’s fees and costs as determined by the court. (Amended by Ord. No. 155,397, Eff. 8/2/81; Relettered by Ord. No. 178,632, Eff. 5/26/07.)
G.
Applicability. (Relettered and Amended by Ord. No. 178,632, Eff. 5/26/07.) This section shall not apply in any of the following circumstances:
1.
The building is constructed of unreinforced masonry construction and was built pursuant to a building permit issued prior to October 1, 1933.
2.
The building is to be demolished pursuant to a demolition order issued by the Department of Building and Safety under the authority set forth in
Division 89 of Chapter IX of this Code.
3.
The building is to be demolished or relocated pursuant to a plan to construct on that property housing for low to moderate income households,
which housing is to be developed, constructed, or acquired with federal, state or local government financial assistance.
SEC. 47.08. TENANT RELOCATION ASSISTANCE WHERE MOBILEHOME PARKS ARE CHANGED TO A DIFFERENT USE.
A.
Statement of Purposes. The provisions of this section are intended to provide relocation assistance to tenants of mobilehome parks facing eviction due
to the owner’s intent to convert the mobilehome park to another use.
B.
Definitions. (Amended by Ord. No. 162,743, Eff. 9/24/87.) For the purposes of this section, the definitions in Section 12.03 of this Code, in Article 1
of the California Mobilehome Residency Law (California Civil Code, Section 798, et seq.), and the following definitions shall apply:
Notice to Quit: In the case of a tenant, the Notice required by Section 798.55(b) of the California Civil Code. In the case of non-tenant resident, the
notice required by an applicable provision of law.
Qualified Resident: Any resident, as that term is used in California Civil Code Section 798.11, who satisfies any of the following criteria on the date
said resident receives a Notice to Quit as defined above: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safety
Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal
income tax purposes) one or more minor children.
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of those
Rental Unit: All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code; all housing
accommodations as defined in Government Code Section 12927; duplexes and condominiums in the City of Los Angeles, rented or offered for rent for living
or dwelling purposes; the land and buildings appurtenant to these; and all housing services, privileges, furnishings and facilities supplied in connection with
their use or occupancy, including garage and parking facilities. This term shall also include mobilehomes, whether rent is paid for the mobilehome and the
land upon which the mobilehome is located, or rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil
Code Section 799.24 if located in a mobilehome park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which
it is located, or rent is paid for the land alone. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Tenant: A homeowner, as defined in California Civil Code Section 798.9.
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant receives a Notice to Quit as defined above: has
attained age 62; is handicapped as defined in Section 50072 of the California Health and Safely Code; is disabled as defined in Title 42 United States Code
423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children.
C.
Relocation Assistance Required. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
1.
The management of a mobilehome park shall provide relocation assistance in connection with the change of use, as defined in Civil Code Section
798.10, of the mobilehome park, or any portion of the park.
2.
Exception. This section shall not apply where: (1) the change of use results from the City's refusal to extend a conditional use permit, or similar
permit, upon good faith request of the management for the extension; (2) the California Department of Housing suspends or revokes a permit pursuant to
Health and Safety Code Section 18510; or (3) the tenant or resident, as the case may be, received actual written notice from management, prior to entering
into an oral or written agreement to become a resident or tenant, that an application to convert the mobilehome park to another use was on file with the City
or had already been approved, whichever the case may be.
3.
Management shall pay the City a fee for the purpose of providing relocation assistance by the City's Relocation Assistance Service Provider to
each tenant in accordance with Subsection D. of this section. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit
occupied by other tenants, and an additional $55 per unit administrative fee to pay for the administrative costs associated with this service. The fees, set
forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the first 12-month period ending
September 30, of each year, as determined and published by the Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of
this Code.
D.
Manner of Providing Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with
the following provisions.
1.
Management's Responsibility. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
a.
Management shall pay a fee to the City so that a Relocation Assistance Service Provider will:
(1)
Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units, which are
(2)
(3)
b.
In order to assist the tenants in meeting costs of relocation, higher rents for replacement housing, and any related expenses, pay a
relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the applicable fees:
(1)
$15,300 to qualified tenants and a $7,000 fee to all other tenants who have lived in their rental unit for fewer than three years; or
(2)
$17,600 to qualified tenants and a $9,300 fee to all other tenants who have lived in their rental unit for three years or longer; or
(3)
$17,600 to qualified tenants and $9,300 to all other tenants whose household income is 80 percent or below Area Median Income
(AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of
tenancy. Tenants who claim eligibility pursuant to this subparagraph shall file a statement with the Housing Department verifying their
income on a form prescribed by the Housing Department. The Housing Department shall charge a fee of $186 per rental unit to resolve any
disputes regarding tenant income eligibility.
c.
The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1)
The entire fee shall be paid to a tenant who is the only tenant in a rental unit; and
(2)
If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee.
2.
a.
Payment for Relocation Assistance Service Provider. Management shall perform the acts described in Paragraph a. of Subdivision 1.
above on or before the service of the Notice to Quit.
b.
Monetary Assistance. Management shall perform the acts described in Paragraph b. of Subdivision 1. above within 15 days of service of
the Notice to Quit.
E.
Affirmative Defense. In an action by management to recover possession of a space occupied by a mobilehome or to recover possession of a
mobilehome, as the case may be, the defendant may raise as an affirmative defense the failure of management to provide relocation assistance as required by this
section.
F.
G.
Notification to City. (Added by Ord. No. 154,073, Eff. 7/28/80.)
1.
The management shall serve, by personal service or by United States Mail, written notice on the Superintendent of Building of the proposed
termination of mobilehome park use, accompanied by such information and in a form designated for such purpose by the Superintendent. Upon publication
of this subsection in the newspaper, the Superintendent shall forthwith notify the management of all mobilehome parks within the City limits of the
requirements of this subsection.
a.
Where the Notice to Quit is served on or after the effective date of this subsection, the notice to the Superintendent shall be served on or
before the 30th day prior to the expiration of one period stated in the Notice to Quit. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
b.
Where the Notice to Quit is served prior to the effective date of this subsection, the notice to the Superintendent shall be served on or
before the 10th day prior to the expiration of the period stated in the Notice to Quit.
2.
The notice referred to in Subdivision 1 above shall be accompanied by a statement that the management has provided all relocation assistance
required by law, accompanied with proof of such assistance in the form of notarized signed acknowledgments from the recipients thereof or a notarized sign
waiver of assistance. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
3.
If management fails to substantially comply with this Subsection G, as determined by the Superintendent of Building, the Superintendent shall
forthwith notify the Director of Planning and all other appropriate City departments and officials of such noncompliance. These departments and officials
shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including but not limited to a building permit,
conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. (Amended by Ord. No. 157,153, Eff.
10/15/82.)
4.
This Subsection G shall apply only to those mobilehome parks at which resides a tenant or a resident who is subject to a Notice to Quit which
specifies a period which terminates on or after July 1, 1980. The requirement of notarized signed acknowledgments set forth in Subdivision 2 above shall not
apply as to any recipient of relocation assistance who vacated the mobilehome park prior to July 27, 1980. (Amended by Ord. No. 162,743, Eff. 9/24/87.)
* The amendments to Section 47.08 of this Code set forth in this ordinance shall apply to any action to recover possession of a rental unit which has not become final as of the effective
date of this ordinance.
SEC. 47.09. MOBILEHOME PARK CLOSURE IMPACT REPORT.
A.
Statement of Purpose. The purpose of this section is to require persons who propose to convert, close or cease the use of a mobilehome park to
address the impact on the residents to be displaced, and to take steps to mitigate the adverse impacts on the residents.
B.
Definitions. For purposes of this section, the following definitions shall apply:
1.
Management. The owner of a mobilehome park or an agent or representative authorized to act on the owner’s behalf in connection with matters
relating to a tenancy in the park, including any person who proposes to convert, close or cease the use of a park, or the successor in interest of such person.
2.
Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of
the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in
Section 18008 of the Health and Safety Code. Mobilehome includes a recreational vehicle, as defined in Section 799.24 of the Civil Code and Section 18010
of the Health and Safety Code, if located in a mobilehome park and continuously occupied by a resident, for nine or more months. Mobilehome does not
include a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
3.
Mobilehome Park. An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for
human habitation.
4.
C.
Resident. A homeowner or other person who lawfully occupies a mobilehome.
General Requirements.
1.
Prior to the conversion of a mobilehome park to another use or closure of a mobilehome park or cessation of use of the land as a mobilehome
park, management shall file with the Advisory Agency of the City of Los Angeles, a report on the impact of the conversion, closure, or cessation of use
(hereinafter “closure”) upon the residents of the mobilehome park who will be displaced.
EXCEPTION:
This section of the Los Angeles Municipal Code shall not apply to a conversion of a mobilehome park pursuant to the Subdivision Map Act
(Division 2 [commencing with Section 66410] of Title 7 of the California Government Code).
2.
No person shall cause or permit the closure of a mobilehome park until the impact report has been approved by the Advisory Agency, or the City
Council upon request for hearing.
D.
Procedures.
1.
Time for Filing Impact Report.
(a)
(Amended by Ord. No. 173,492, Eff. 10/10/00.) If the proposed closure of the park requires a discretionary local governmental permit
or approval for which a hearing is required by law, including but not limited to a change of zone, height district change, exception from a specific
plan, conditional use, variance, or coastal development permit, then the impact report shall not be filed until the discretionary approval has been
obtained.
The impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the
six months’ notice described in Section 798.56(f)(2) of the California Civil Code.
(b)
If the proposed closure of the mobilehome park does not require any of the discretionary approvals described in Paragraph (a) above,
then the impact report shall be filed with the Advisory Agency and served on each resident of the mobilehome park concurrently with service of the
twelve months’ notice described in Section 798.56(f)(2) of the California Civil Code.
EXCEPTION:
If either the six months’ notice or the twelve months’ notice has been served on the residents of the mobilehome park prior to the
effective date of this section, then, within ninety (90) days of the effective date of this section, the impact report shall be served on all current
residents and on all residents who have left the mobilehome park since those notices were given, and filed with the Advisory Agency.
(c)
Proof of service of the impact report on the residents of the mobilehome park must be provided to the Advisory Agency at the time of
filing the impact report.
2.
Impact Report Contents. The impact report shall address the availability of adequate replacement housing in other mobilehome parks and
relocation costs for each resident of the mobilehome park. It shall specify the steps to be taken by management to mitigate any adverse impact of the
proposed closure on the residents who will be displaced.
The impact report shall provide that any dispute regarding the rights of management or a resident under the impact report shall be heard and resolved by
the Advisory Agency, under such rules as it shall adopt, when application for such review is made by management or any resident.
In addition, the impact report shall contain such information as the Advisory Agency shall deem necessary, as set forth in regulations promulgated by
the Advisory Agency pursuant to this section.
3.
Hearing and Notice. Upon the receipt of an impact report, the Advisory Agency shall examine the same and advise management whether it is
complete, within fifteen (15) days after receipt thereof. When a complete impact report has been filed, it shall be accepted by the Advisory Agency, and the
Advisory Agency shall set a time, date and place for a hearing, not less than fifteen (15) days and no later than forty-five (45) days after the date of
acceptance. At least fifteen days prior to the hearing, the Advisory Agency shall mail notice to management and the residents of the date, time and place of
the hearing. The notice of hearing shall contain a general explanation of the matters to be considered by the Advisory Agency. The Advisory Agency may
give such additional notice as it deems necessary or desirable.
4.
Findings and Decision. After conclusion of the hearing, the Advisory Agency shall render its decision. The Advisory Agency shall approve,
conditionally approve or disapprove the impact report. The Advisory Agency shall approve the impact report if it finds: (a) that the impact report contains
the information required; and (b) that reasonable steps have been or will be taken to mitigate the adverse impacts of the closure on each of the residents. In
approving the impact report, the Advisory Agency may impose such conditions as it finds necessary to mitigate the adverse impacts on the residents;
however, any steps required to be taken by management pursuant to this section shall not exceed the reasonable costs of relocation. At a minimum, the
Advisory Agency shall require management to comply with Section 47.08 of this Code. Notice of the Advisory Agency action shall be mailed to
management, to all residents and to all persons who have filed written request therefor.
Nothing in this section shall prevent any other governmental agency or decision making body of the City of Los Angeles from imposing a condition
relating to relocation assistance on any discretionary approval involving the mobilehome park.
5.
Request for Council Hearing. Management, any resident, or any officer, board, department or bureau of the City may request, and shall have
the right to, a hearing before the City Council on the sufficiency of the impact report. The request shall be filed in duplicate, in a public office of the
Department of City Planning on forms provided for that purpose within ten days after the action of the Advisory Agency. Such requests shall not be
considered as having been filed unless and until the form has been properly completed and all information required by it has been submitted. The completed
request form and file shall then immediately be transmitted to the City Clerk for hearing before the City Council.
The City Clerk shall set a time and date for a hearing, not less than fifteen (15) days and not later than forty-five (45) days after the filing date and shall
mail written notice of such hearing to the management, all residents, the person requesting the hearing, the Advisory Agency, and all persons who have filed
written request therefor, at least fifteen days prior to the hearing.
The City Council, shall, upon conclusion of the hearing, within seven days, declare its findings based upon the testimony and documents produced
before it or before the Advisory Agency.
For all requests for hearing, the City Council may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may
make such findings as are not inconsistent with the provisions of this section.
6.
Extensions. Any of the time limits specified in this section may be extended by mutual consent of management and the Advisory Agency, or
the City Council, on requests for hearing.
E.
Expiration and Extension of Impact Report. The approval of an impact report shall become null and void after 36 months from the date of the
mailing of the final approval of the impact report. Thereafter, management shall not convert, close or cease the use of the park until such time as a new impact report
is approved. However, upon application of the management, filed with the Advisory Agency on or before the date of expiration, the impact report may be extended
by the Advisory Agency up to an additional 36 months. An application for an extension shall be subject to the notice and hearing procedures described in
Subdivision 3 of Subsection D of this section.
F.
Revocation and Amendment. Any time prior to the closure of the mobilehome park, the Advisory Agency may, in its discretion, and upon good
cause shown, initiate proceedings for the revocation or amendment of an impact report. Good cause may include, but is not limited to, change of circumstances
which render the conditions or requirements of the impact report no longer necessary or appropriate, negligent or fraudulent misrepresentation of fact relating to the
impact report, or noncompliance with the conditions of the impact report. Prior to revoking or amending an impact report, the Advisory Agency shall conduct a
hearing in accordance with the procedures set forth in Subdivision 3 of Subsection D of this section. Upon revocation, management shall not convert, close or cease
the use of the park until such time as a new impact report is approved. Such revocation or amendment is subject to the same request for hearing as is provided in
Subdivision 5 of Subsection D of this section.
G.
Evictions Pending Compliance with Impact Report. Termination of a tenancy of any resident pursuant to California Civil Code Section 798.56 or
any other provision of law shall not relieve management of its obligation to comply with the conditions or requirements of the impact report applicable to that
resident. However, if the termination of tenancy is based on Subdivisions (a), (b), (c), (d) or (e) of Section 798.56 of the California Civil Code, the Advisory
Agency, upon request by management, may grant to management extensions of time within which to comply with the conditions of the impact report.
H.
Additional Authority of the Advisory Agency. If, notwithstanding the fact that management has not served a six months’ or twelve months’ notice
on the residents, the Advisory Agency finds that management is attempting to close or convert a park, then the Advisory Agency shall require the filing of an
impact report.
I.
EXCEPTIONS. If the U.S. Bankruptcy Court issues an order requiring closure of the mobilehome park, as part of a valid bankruptcy proceeding, then
the provisions of this section shall not be applicable.
J.
Remedies.
1.
The failure of management to comply with this section or with any condition of the impact report shall be a defense in any action to terminate
tenancy under Subdivision (f) of Section 798.56 of the California Civil Code.
2.
Violation of this section shall constitute a misdemeanor. In addition, the violation of any valid condition of an impact report imposed by the
Advisory Agency pursuant to this section shall constitute a misdemeanor.
K.
Effective Date. The provisions of this section shall apply to any eviction proceeding that has not yet been reduced to final judgment. Accordingly, any
affirmative defenses to an unlawful detainer proceeding created or modified by this section shall apply to any such proceeding not reduced to final judgment as of
the effective date of this section.
SEC. 47.10. LANDLORDS – NONPAYMENT OF UTILITY BILLS.
(a)
Declaration of Purpose. The City Council of the City of Los Angeles hereby finds that the providing of essential public utilities to residential real
property is necessary to the health and welfare of the occupants of residential rental property and that the nonpayment of utility bills by landlords constitutes a threat
to the health and safety of occupants of master-metered multiple-family dwellings. The City Council of the City of Los Angeles also finds that the policy of the
Department of Water and Power provides that if a customer is receiving service at more than one location, service at any or all locations may be discontinued if
bills for service at any one or more locations are not paid, and the City Council of the City of Los Angeles declares that this policy is reasonable to assure that water
and electrical utilities can be provided to all residents of the City of Los Angeles at a reasonable cost. The City Council of the City of Los Angeles further finds that
the failure to provide either water or electricity, or both, to the occupants of residential units is a breach of the implied warranty of habitability and constitutes a
fraud upon the tenants of said dwellings. Therefore, it is necessary and reasonable to safeguard tenants from threats to their health and safety by the termination of
essential public utilities due to the nonpayment of utility bills by the owners of master-metered multiple-family dwellings.
(b)
Definitions. For the purpose of this section, the following words and phrases are defined and shall be construed as hereinafter set forth:
1.
“LANDLORD” means an owner, lessor or sublessor (including any person, firm, corporation, partnership or other entity) of a multiple-family
dwelling or the applicant on record with the Department of Water and Power for water or electric service.
2.
“UTILITY BILLS” mean bills issued by the Department of Water and Power for the furnishing of water or electricity.
3.
“THE DEPARTMENT” means the Department of Water and Power of the City of Los Angeles.
4.
“MASTER-METERED DWELLING” means any residential building in which for billing purposes one water or one electric meter services a
group of otherwise unmetered dwelling units or a group of subordinate meters.
5.
“MULTIPLE-FAMILY DWELLING” means any residential building which contains two (2) or more dwelling units, efficiency dwelling
units, guest rooms or suites as defined in Section 12.03 of the Los Angeles Municipal Code.
(c)
Scope. This section shall apply to all existing master-metered multiple-family dwellings when the nonpayment of utility bills had resulted in the
service upon the landlord of a notice of termination for a master-metered multiple-family dwelling pursuant to this section.
(d)
Notice. The Department, prior to initiation of criminal proceedings, shall serve personally or by mail in a final notice to the landlord a demand for
payment of the outstanding bill and 2 fifteen-day (15) notice of utility termination. Said notice shall include the address at which service is to be terminated in the
event of nonpayment and shall also, in bold-face type, notify the landlord that failure to pay said utility bill by the date so stated in said notice constitutes a
misdemeanor.
(e)
Violation. Any landlord who, having the ability to pay, willfully refuses to pay utility bills due and payable after demand has been made and written
notice of utility termination has been served, is guilty of a misdemeanor.
SEC. 47.11. DISPLAY OF AEROSOL SPRAY PAINT CONTAINERS AND MARKER PENS.
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four
millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker
pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or
disposition of such marker pens or paint containers.
SEC. 47.12. EXCESSIVE PRICE INCREASES DURING STATE OF EMERGENCY.
(Added by Ord. No. 168, 230, Eff. 10/11/92.)
(a)
Findings. As a result of the civil disturbance that commenced on April 29, 1992, consumers have sought to purchase emergency supplies, food and
other consumer goods necessary for their health and safety. Though no general shortage of consumer goods is evident, numerous residents have reported cases of
excessive price increases for consumer items such as gasoline and food items many times above the prices in effect on or before April 29, 1992. Though price
increases may be necessary where a merchant has incurred higher expenses, the reported price increases clearly exceed those that would be reasonable and just to
recapture any increased operational expenses.
(b)
Legislative Intent. It is the intention of the City Council in adopting this ordinance to protect citizens from excessive and unjustified increases in the
prices charged during any abnormal disruption of the marketplace for consumer goods and services vital and necessary for the health, safety and welfare of
consumers resulting from emergency or major disaster for which a state of emergency for the City of Los Angeles is proclaimed by the Mayor pursuant to Section
8.27 of the Los Angeles Administrative Code or for which a local disaster or emergency is declared by the President of the United Sates or the Governor of
California.
(c)
Excessive Price Increases Prohibited. Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens,
pursuant to Section 8.27 of the Los Angeles Administrative Code or for which a local disaster or emergency is declared by the President of the United States or
Governor of California and for a period of thirty days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other
entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which exceeds ten
percent of the price charged by such person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency,
unless said person, business, contractor or other entity can prove that an increase in price was directly attributable to additional costs imposed on it by the supplier of
the goods or for labor and materials used to provide the service.
(d)
Definitions. For purposes of this section, the following definitions shall apply:
1.
A consumer food item is any article which is used or intended for use for food, drink, confection or condiment by man or other animal.
2.
Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type which are damaged
as a result of a disaster. Contractor services are services as defined by sections 7025, 7026, 7026.1 and 7026.3 of the California Business and Professions
Code.
3.
Emergency supplies shall include but are not limited to water, flashlights, radios, batteries, candles, blankets, soaps, and diapers.
4.
Medical supplies shall include but are not limited to prescription and non-prescription drugs, bandages, gauzes, and isopropyl alcohol.
(e)
Hearing. If there is reasonable cause to believe that a person has violated the provisions of this section, the City Attorney shall, prior to the filing of a
criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the conclusion of such hearing, the City Attorney may, in his discretion,
file a criminal complaint. The City Attorney may, for good cause, disperse with the requirement of conducting a hearing prior to the filing of a criminal complaint.
(f)
Penalty.
1.
Any person who shall be convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than $1,000 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Any person believing that a violation of said section has been committed may file a complaint with the City Attorney.
2.
The City Attorney or any citizen may prosecute a civil action under applicable state law to enforce this section and in any action a civil penalty
may be imposed as provided by law and where appropriate, restitution to aggrieved consumers ordered.
SEC. 47.13. INSERTION OF WRITINGS INTO CONTAINERS.
No person shall place or insert any writing in or on any box, package or other container containing a consumer product offered for sale unless permitted to do
so by the owner, manager or person in charge or control of the premises where the product is stored or offered for sale. The term “writing” shall mean any form of
representation or communication, including letters, words or pictorial representations, and shall include handbills, notices or any form of advertising.
SEC. 47.14. SELF SERVICE DISPLAY OF TOBACCO PRODUCTS.
(a)
Definitions. For the purposes of this section, the following definitions shall apply:
1.
“Person” shall mean any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any
other legal entity.
2.
“Tobacco product” shall mean any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, or any other preparation of tobacco.
3.
“Tobacco retailer” shall mean any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco,
tobacco products or tobacco paraphernalia; “tobacco retailing” shall mean engaging in any of these things.
4.
“Vendor-assisted sale” shall mean a sale requiring a direct, face-to-face exchange between the tobacco retailer and the customer, in which the
tobacco retailer or the tobacco retailer’s employee has access to the tobacco product, and assists the customer by supplying the product. The customer does
not take possession of the product until it is purchased.
5.
“Self-service display” shall mean the open display of tobacco products to which the public has access without the intervention or assistance of a
store employee, including but not limited to a rack, shelf, or counter-top display.
6.
“Cigar lounge” shall mean a private smokers’ lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products.
7.
“Tobacco shop” shall mean a business establishment whose main or principal purpose is the sale of tobacco products, including but not limited
to, cigars, pipe tobacco, and smoking accessories.
(b)
Prohibition. No person or tobacco retailer shall sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, or by
any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops or cigar lounges.
SEC. 47.15. SPECTATORS PROHIBITED AT SPEED CONTESTS AND EXHIBITIONS OF SPEED.
A.
It shall be unlawful for any person to:
1.
Be knowingly present as a spectator at any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or
2.
Be knowingly present as a spectator where preparations are being made for any illegal motor vehicle speed contest or exhibition of speed
conducted on a public street or highway.
B.
For purposes of this section, the following definitions shall apply:
1.
“Illegal motor vehicle speed contest or exhibition of speed” shall mean any speed contest or exhibition of speed referred to in California Vehicle
Code Sections 23109(a) and 23109(c)).
2.
“Spectator” shall mean any person who is present at an illegal motor vehicle speed contest or exhibition of speed for the purpose of viewing,
observing, watching, or witnessing the event as it progresses. A “spectator” includes any person at the location of the event without regard to the means by
which the person arrived.
3.
A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if that person is within 150 feet of the location of the event,
or within 150 feet where preparations are being made for the event.
4.
“Preparations” means any of the following acts done for the purpose of a motor vehicle speed contest or exhibition of speed:
(a)
A group of motor vehicles and persons has arrived at a predetermined location;
(b)
A group of individuals has lined one or both sides of a public street or highway;
(c)
One or more persons have impeded the free public use of a public street or highway by actions, words or physical barrier for the purpose
of conducting the event;
(d)
Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;
(e)
One or more drivers is racing his engine or spinning his tires in preparation for the event;
(f)
An individual is stationed near one or more motor vehicles as a race starter.
C.
Notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may include, but is not limited to, any of the
following:
1.
That the person charged has previously participated in an illegal speed contest or speed exhibition;
2.
That the person charged has previously aided and abetted an illegal speed contest or speed exhibition;
3.
That the person charged has previously attended an illegal speed contest or speed exhibition;
4.
That the person charged was previously present at a location where preparations were being made for an illegal speed contest or exhibition of
speed or where a speed exhibition or speed contest was in progress;
5.
Evidence of these prior acts may be admissible to show the propensity of the defendant to be present or attend a speed contest or speed
exhibition if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show
knowledge on the part of the defendant that a speed contest was taking place. D.
A violation of this ordinance shall constitute a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment not to exceed six
months, or both.
SEC. 47.16. DISPLAY AND SALE OF GLASS ETCHING PRODUCTS.
(a)
Every person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream, or any commercially available
glass etching product, whether sold separately or in a kit, shall store or cause to be stored such glass etching cream or glass etching product under lock and key in
an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such glass
etching cream or glass etching product.
(b)
No person who owns, conducts, operates or manages a retail commercial establishment selling glass etching cream or any commercially available glass
etching product, whether sold separately or in a kit, shall sell or caused to be sold any such glass etching cream or glass etching product to any person who has not
yet attained the age of 18 years.
SEC. 47.17. SALE OF MOTOR-DRIVEN CYCLES AND MOTORIZED BICYCLES.
(a)
As used in this section, the term "motor-driven cycle" shall mean any motor-driven cycle, as that term is defined in the California Vehicle Code, that is
sold without the seventeen digit vehicle identification number required for registration by the State of California.
(b)
As used in this section, the term "motorized bicycle" shall mean any motorized bicycle, as that term is defined in the California Vehicle Code, that is
sold without all of the equipment required by the State of California for operation on a highway in California.
(c)
As used in this section, the term "person" shall mean any business or any individual acting on behalf of any business, as that term is defined in Section
21.00(h) of this Code.
(d)
No person shall sell or transfer ownership of any motor-driven cycle or motorized bicycle without providing to the prospective purchaser or transferee,
prior to the sale or transfer of ownership, written notice, as provided by this section, indicating in substance that the vehicle may not be appropriate for operation on
a public street or highway in California and that operation of any vehicle on a public street or highway in California must be in accordance with California law. A
notice shall be sufficient if it indicates in substance that the vehicle is not intended for operation on a public street or highway.
(e)
The notice required by this section shall be provided by a sign, printed in boldface type at least one inch in height, posted in a conspicuous location on
the seller's or transferor's property and containing no information other than the notice; and by at least one of the following:
(1)
A decal affixed to a conspicuous location on the frame of the vehicle, printed in at least 14-point boldface type;
(2)
A decal affixed to a conspicuous location on the frame of the vehicle, which decal was in use by the seller or transferor for the same make
and model of vehicle prior to the enactment of this section.
(f)
Any violation of this section shall constitute a misdemeanor.
SEC. 47.50. NARCOTICS, VIOLENT CRIME, UNLAWFUL WEAPON OR AMMUNITION CRIME, AND GANG-RELATED CRIME EVICTION
PROGRAM.
A.
For the purposes of this section, the definitions in Section 12.03 of this Code and the following definitions shall apply:
CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety
Code Section 11000, et. seq.
DRUG-RELATED NUISANCE. Any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an
unreasonable interference with the comfortable enjoyment of life, property or safety of other residents of the premises or within a 1000 foot radius from the
boundary line of the premises. These activities include, but are not limited to, any activity commonly associated with illegal drug dealing, such as noise,
steady traffic day and night to a particular unit, barricaded units, possession of weapons, or drug loitering as defined in Health and Safety Code Section
11532, or other drug-related activities.
GANG-RELATED CRIME. Any crime motivated by gang membership in which the perpetrator, victim or intended victim is a known member of a
gang.
VIOLENT CRIME. Any crime involving use of a gun, a deadly weapon or serious bodily injury and for which a police report has been completed. A
violent crime under this section shall not include a crime that is committed against a person residing in the same rental unit as the person committing the
crime.
THREAT OF VIOLENT CRIME. Any statement made by a tenant, or at his or her request, by his or her agent to any person who is on the premises
or to the owner of the premises, or his or her agent, threatening commission of a crime which will result in death or great bodily injury to another person,
with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the
circumstances in which it is made, it is so unequivocal, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate
prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate
family's safety. Such a threat includes any statement made verbally, in writing, or by means of an electronic communication device and regarding which a
police report has been completed. A threat of violent crime under this subdivision shall not include a crime that is committed against a person who is
residing in the same rental unit as the person making the threat. "Immediate family" means any spouse, whether by marriage or not, parent, child, any
person related by consanguinity of affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six
months, regularly resided in the household. "Electronic communication device" includes but is not limited to, telephones, cellular telephones, video
recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term is defined in subsection 12 of Section 2510 of Title 18 of
the United States Code, except that "electronic communication" for purposes of this definition shall not be limited to electronic communication that affects
interstate or foreign commerce.
UNLAWFUL WEAPON OR AMMUNITION CRIME. The illegal use, manufacture, causing to be manufactured, importation, possession,
possession for sale, sale, furnishing, or giving away of ammunition or any weapon listed in subdivision (c)(1)-(5) of Section 3485 of the Civil Code.
ILLEGAL DRUG ACTIVITY. A violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with
Section 11400) of the Health and Safety Code.
LANDLORD. An owner, lessor, or sublessor, or the agent, representative or successor of any of the foregoing (including any person, firm, corporation,
partnership, or other entity) who leases the rental unit for a specified term, or permits a periodic tenancy, a tenancy at will or a tenancy at sufferance.
PREMISES. The rental unit and the land on which it and other buildings of the complex are located and common areas, including but not limited to,
garage facilities, streets, alleyways, stairwells and elevators.
RENTAL UNIT. All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code, including one-family
dwellings, two-family dwellings and condominiums which are leased for a specific term or occupied pursuant to a periodic tenancy, a tenancy at will or a
tenancy at sufferance in the City of Los Angeles. This term shall also include hotel and motel rooms subject to tenancy or transient occupancy, mobile
homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or the rent is paid for the land alone. Further, it shall
include recreational vehicles, as defined in California Civil Code Section 799.24, if located in a mobile home park or recreational vehicle park, whether rent
is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.
TENANT. A tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person residing in the rental
unit.
B.
[DUTIES] OF THE LANDLORD. A landlord shall not cause or permit:
(i)
the premises to be used or maintained for any illegal drug activity, drug-related nuisance, violent crime, threat of violent crime, unlawful
weapon or ammunition crime, or gang-related crime; or
(ii)
tenant to use or occupy the premises if the tenant commits, permits, maintains or is involved in any illegal drug activity, violent crime or threat
of violent crime, gang-related crime, unlawful weapon or ammunition crime, or drug-related nuisance on the premises or within a 1000 foot radius from the
boundary line of the premises.
C.
ADMINISTRATIVE PROCEDURES. The City Attorney, or his or her designee, shall promulgate administrative procedures necessary to implement
the provisions of this section.
D.
REMEDIES.
1.
Grounds for Eviction. Notwithstanding any provision of the Los Angeles Municipal Code to the contrary, a landlord may bring an action to
recover possession of a rental unit upon one of the following grounds:
(i)
the tenant is committing or permitting to exist any illegal drug activity, violent crime or threat of violent crime, gang-related crime,
unlawful weapon or ammunition crime, or drug- related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises,
or
(ii)
the tenant has been convicted of a crime and the underlying offense involves illegal drug activity, violent crime or threat of violent
crime, drug-related nuisance activity, unlawful weapon or ammunition crime, or a gang-related crime on the premises.
2.
Enforcement. If the City Attorney determines that the landlord has failed to comply with the provisions of Subsection B. of this section after
receiving notice, then the City Attorney may file an action for injunctive relief or take any other appropriate action to require the landlord to comply with the
provisions of this section.
A court rendering a judgment pursuant to this subsection may, in addition to any other order provided by law, impose a fine not to exceed $5,000 payable to
the City of Los Angeles, require the payment of reasonable attorneys fees, and costs of investigation, discovery and court costs.
E.
PAYMENTS. If multiple defendants exist, they shall be jointly and severally liable for any monetary judgment. In addition to any other remedy
provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the
provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
ARTICLE 7.1
RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
(Article Amended In Entirety by Ord. No. 180,175, Eff. 9/29/08.)
Section
47.70
47.71
47.72
47.73
47.74
47.75
47.76
47.77
47.78
47.79
47.80
47.81
47.82
47.83
47.84
47.85
47.86
47.87
47.88
47.89
Title.
Purpose.
Findings.
Definitions.
Applicability of this Article.
Residential Hotel Unit Status Determination.
Residential Unit Status Determination.
Claim of Exemption.
Application for Clearance.
Conditions for Approval of an Application for Clearance.
Rights of Tenants.
Destroyed Buildings or Buildings Demolished Pursuant to an Abatement Proceeding.
Unlawful Conversion; Remedies; Fines.
Post or Posting.
Appeals to LAHD General Manager's Hearing Officer.
Records of Use.
Investigations.
Promulgation of Rules and Regulations.
Annual Review of Residential Hotel Status.
Construction.
SEC. 47.70. TITLE.
This article shall be known as the Residential Hotel Unit Conversion and Demolition Ordinance.
It is the purpose of this ordinance to benefit the general public by minimizing the adverse impact on the housing supply and on displaced low-income, elderly,
and disabled persons, which results from the loss of residential hotel units through conversion and demolition. This is to be accomplished by establishing the status
of residential hotel units, by regulating the demolition and conversion of these units to other uses, and by establishing appropriate administrative and judicial
remedies.
SEC. 47.72. FINDINGS.
The Los Angeles City Council finds that:
A.
There is a severe shortage of decent, safe and sanitary rental housing in the City of Los Angeles and this shortage most severely affects elderly,
disabled and low-income persons.
B.
Many elderly, disabled and low-income persons reside in residential hotel units.
C.
The Los Angeles Housing Department (LAHD) currently designates 336 hotels as residential hotels, which contain 18,739 units in the City of
Los Angeles. An additional survey of residential hotels billed for annual fees by LAHD in 2006, revealed that 87% of residential hotels did not request
exemptions for tourist units.
D.
As a result of the removal of residential hotel units from the rental housing market, a housing emergency exists within the City of Los Angeles,
acutely impacting elderly, disabled and low-income persons.
E.
Residential hotel units are endangered housing resources and must be protected.
F.
The Los Angeles City Council recognized the housing emergency caused by the loss of residential hotel units and enacted an ordinance that
established a moratorium on the demolition or conversion of residential hotel units to any other use. This Interim Control Ordinance became effective on
May 24, 2006.
G.
The conversion and demolition of residential hotel units affect those persons who are least able to cope with displacement in the City of Los
Angeles' housing market.
H.
It is in the public interest that the conversion and demolition of residential hotel units be regulated. Furthermore, in order to protect the resident
tenants and to conserve limited housing resources, remedies must be provided where unlawful conversion or demolition has occurred.
Singular references also include plural and derivative uses of defined terms where capitalized.
A.
Affordable Housing Project. Affordable Housing Project is a housing development project with a government-imposed regulatory agreement that has
been recorded with the Los Angeles County Recorder, or which shall be recorded within six months of the Claim of Exemption filed pursuant to Section 47.77,
guaranteeing that all of the residential units will be affordable to either lower income or very low income households for a period of at least 55 years, with at least
ten percent of the units affordable to households with income no greater than 30 percent of Area Median Income, and no more than 25 percent of the units
affordable only to households with income at 60 percent of Area Median Income. None of the units shall be affordable only to households with income greater
than 60 percent of Area Median Income, as these terms are defined by the United States Department of Housing. "Lower income or very low income households" is
defined in accordance with California Health and Safety Code Sections 50079.5 and 50105.
B.
Affordable Housing Trust Fund. Affordable Housing Trust Fund is a fund established by Los Angeles Administrative Code Section 5.522.
C.
CRA/LA. CRA/LA is the Community Redevelopment Agency of the City of Los Angeles.
D.
Comparable Unit. Comparable Unit is a unit which is similar in size, services, rental amount and facilities to the Residential Unit proposed to be
converted or demolished.
E.
Conversion. Conversion is any action that converts any Residential Unit in a Residential Hotel through either: (1) a change of use to a commercial,
industrial, or other non-residential use; (2) a change to a different residential use; (3) a change from a residential use to a transient or tourist guest use or occupancy;
or (4) a conversion to a condominium, cooperative, or similar form of ownership.
F.
Demolition. Demolition is any action that reduces the number of existing guest rooms, light housekeeping rooms, or efficiency units in a Residential
Hotel, either by a complete tearing down of a building or structure so that it no longer exists or by combining two or more units into a single unit.
G.
Destroyed. Destroyed is an action defined by Section 12.03 of the Los Angeles Municipal Code.
H.
Disaster. Disaster is an event defined by Section 12.03 of the Los Angeles Municipal Code.
I.
Efficiency Dwelling Unit. Efficiency Dwelling Unit is defined in Section 12.03 of the Los Angeles Municipal Code.
J.
GSD. GSD is the Department of General Services.
K.
Guest Room. A Guest Room is defined in Section 12.03 of the Los Angeles Municipal Code.
L.
Interested Party. An Interested Party is a resident or Tenant of a Residential Hotel, or his or her authorized representative. Interested Party shall also
mean any nonprofit organization exempted from federal taxation pursuant to Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal
Revenue Code of 1986, and organized for the purpose of maintaining or creating affordable housing.
M.
LADBS. LADBS is the Los Angeles Department of Building and Safety.
N.
LAHD. LAHD is the Los Angeles Housing Department.
O.
Light Housekeeping Rooms. Light Housekeeping Rooms are those designed and used as a bedroom and for the cooking and preparing of food, in
conformance with the provisions of Los Angeles Municipal Code Section 91.8116.
P.
Member of Appraisal Institute. Member of Appraisal Institute is a trade organization that certifies appraisers who meet the requirements for the MAI
designation.
Q.
Owner. Owner includes any person or legal entity holding any ownership interest in a Residential Hotel or a building under consideration for
Residential Hotel status.
R.
Person. A Person is defined in Section 11.01 (a) of the Los Angeles Municipal Code.
S.
Residential Hotel. A Residential Hotel, as defined in accordance with California Health and Safety Code Section 50519, is any building containing six
or more guest rooms or efficiency units, intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping
purposes by guests, and which is also the primary residence of those guests. The term Residential Hotel excludes any building containing six or more guest rooms
or efficiency units, which is primarily used by transient guests who do not occupy units in that building as their primary residence.
T.
Residential Unit. A Residential Unit is any guest room, light housekeeping room, efficiency unit, or dwelling unit in a Residential Hotel that was
occupied as a primary residence on October 11, 2005. If a unit was vacant on October 11, 2005, a Residential Unit shall mean any guest room, light housekeeping
room, efficiency unit, or dwelling unit in a Residential Hotel that, on the first day that the unit was subsequently occupied, was occupied as a primary residence.
U.
Tenant. A Tenant is a Person who is entitled to occupy and occupies a Residential Unit for at least 31 consecutive days.
V.
Tourist Unit. A Tourist Unit is a unit in a Residential Hotel that does not meet the criteria of a Residential Unit.
SEC. 47.74. APPLICABILITY OF THIS ARTICLE.
A.
This article shall not apply to any Residential Hotel that is an Affordable Housing Project. An Affordable Housing Project that is exempt from the
provisions of this article shall lose its exempt status and become subject to the provisions of this article when it ceases to be an Affordable Housing Project.
B.
This article shall also not apply to any Residential Hotel that:
1.
was completely and continuously unoccupied by any Person from October 11, 2005, through and including the date that the Owner applies for a
building permit for a Residential Hotel that constitutes a proposed Conversion or Demolition of the Residential Hotel, or is a new development on the site of
a Destroyed or Demolished Residential Hotel; or
2.
pursuant to California Government Code Section 7060, et seq., was first approved for residential occupancy on or after January 1, 1990, as
evidenced by a certificate of occupancy issued by LADBS on or after that date; or
3.
pursuant to California Government Code Section 7060, et seq., sent or delivered to LAHD before October 11, 2005, a notice of intent to
withdraw all of the building's accommodations from rent or lease; or
4.
consisted entirely of Residential Units that were rented or offered for rent for periods of no less than 30 days from October 11, 1995, to the
effective date of this article. This exemption applies only to Residential Hotels containing 55 or fewer units.
SEC. 47.75. RESIDENTIAL HOTEL STATUS DETERMINATION.
A.
LAHD will determine whether a building is a Residential Hotel.
B.
LAHD shall notify the Owner of any building that it classifies as a Residential Hotel that such building is subject to the provisions of this article. LAHD shall include in the notification a copy of this article, the appeal form referenced in Subsection C. of this section, and an Application for Exemption. LAHD
shall mail the notice to the Owner at the address that appears in the last equalized assessment roll or at the address provided to LAHD through any registration in
accordance with Section 151.05. The Owner shall immediately post the notice until the time for appealing such designation expires.
C.
An Owner of a Residential Hotel or Interested Party who alleges that the building is not a Residential Hotel may file an appeal with LAHD within 60
days of the date that LAHD deposited its notification in the mail pursuant to Subsection B. of this section.
1.
An appellant who files an appeal shall do so on a form prescribed by LAHD and shall pay an administrative fee in the amount of $605. The fee
shall pay for the cost of investigating and processing the appeal.
2.
The appellant shall submit evidence with the appeal to support the appeal.
3.
The appellant has the burden of proving by a preponderance of the evidence that the property is not a Residential Hotel. Tenants, other
Interested Parties and the Owner if the Owner is not the appellant, may submit evidence to LAHD.
4.
Within 15 days of the filing of the appeal, LAHD shall provide the appellant and any Interested Party requesting such information all information
LAHD relied upon in the determination from which the appeal is made, except that the Owner's confidential financial or proprietary information shall not be
disclosed to any Person other than the Owner. Within 20 days from receipt of such information, the appellant may submit additional information to LAHD.
5.
On the date that the Owner files the appeal, or as soon as LAHD notifies an Owner that an Interested Party has filed an appeal, the Owner shall
post a notice on a form prescribed by LAHD. The notice shall state that the appellant has appealed the City's Residential Hotel Status Determination. The
notice shall identify the grounds for the appeal. The notice shall provide the name and contact number of LAHD staff an Owner or Interested Party can
contact to provide additional evidence and information regarding the appeal. LAHD shall also mail a copy of the notice to the occupants of the building
subject to the appeal. The notice shall remain posted until after LAHD issues a written determination regarding the appeal.
6.
LAHD shall issue a determination of the appeal based on the evidence submitted within 90 days of the filing of the appeal. The basis for the
determination shall be described therein. LAHD shall mail a copy of the determination to the Owner, and any Interested Party who filed an appeal or
submitted evidence pursuant to this section.
D.
An Owner or any Interested Party who presented evidence pursuant to this section may appeal LAHD's determination to a General Manager's Hearing
Officer pursuant to the provisions of Section 47.84. The Owner shall post LAHD's determination until the time for filing any appeal expires. The appeal shall be
filed at LAHD within 15 calendar days after LAHD mails its determination. LAHD's determination shall be final if a timely appeal is not filed.
E.
Any appeal of a Notice regarding a Residential Hotel determination that was sent to an Owner of a building prior to the effective date of this Ordinance
shall be governed by the procedures set forth in Section 47.75 of this Ordinance unless the appellant elects to utilize the appeal procedures set forth in Section 47.75
as they existed prior to the effective date of this Ordinance.
SEC. 47.76. RESIDENTIAL UNIT STATUS DETERMINATION.
A.
After, or concurrently with, LAHD's determination of whether a building is a Residential Hotel, LAHD shall determine whether the Residential Hotel
contains only Residential Units or some Tourist Units.
B.
LAHD shall notify the Owner of any building that it classifies as a Residential Hotel whether any units in the Residential Hotel have been determined
to be Tourist Units. LAHD shall include in the notification a copy of this article and the appeal form referenced in Subsection C. of this section. LAHD shall mail
the notice to the Owner at the address that appears in the last equalized assessment roll or at the address provided to LAHD through any registration in accordance
with Section 151.05. The Owner shall immediately post the notice until the time for appealing such determination expires.
C.
An Owner of a Residential Hotel or Interested Party who alleges that a Tourist Unit or Residential Unit determination is incorrect may file an appeal
with LAHD within 60 days of the date that LAHD deposited its notification in the mail pursuant to Subsection B. of this section. Any such appeal shall be limited
to the issue of the alleged improper determination of units as Residential or Tourist.
1.
An appellant who files an appeal shall do so on a form prescribed by LAHD and shall pay an administrative fee in the amount of $988. (First
Sentence Amended by Ord. No. 180,867, Eff. 10/18/09.) The fee shall pay for the cost of investigating and processing the appeal.
2.
The appellant shall submit evidence with the appeal. An appellant who claims that the designation of the number of units as Residential or
Tourist Units was incorrect shall identify the specific units it claims are incorrectly designated.
3.
The Appellant has the burden of proving by a preponderance of the evidence that the units were misdesignated. Tenants, Interested Parties and
the Owner if the Owner is not the appellant, may submit evidence to LAHD.
4.
Within 15 days of the filing of the appeal, LAHD shall provide the appellant, and any Interested Party requesting such information, all
information LAHD relied upon in the determination from which the appeal is made, except that the Owner's confidential financial or proprietary information
shall not be disclosed to any Person other than the Owner. Within 20 days from receipt of such information, additional information may be submitted to
LAHD.
5.
On the date that the Owner files the appeal, or as soon as LAHD notifies an Owner that an Interested Party has filed an appeal, the Owner shall
post a notice on a form prescribed by LAHD. The notice shall state that the appellant has appealed the City's Residential Unit Status Determination. The
notice shall identify the grounds for the appeal and shall identify any rooms that the appellant contends were misdesignated and what the alleged correct
designation should have been. The notice shall provide the name and contact number of LAHD staff an Owner or Interested Party can contact to provide
additional evidence and information regarding the appeal. LAHD shall also mail a copy of the notice to the occupants of the building subject to the appeal. The notice shall remain posted until after LAHD issues a written determination regarding the appeal.
6.
LAHD shall issue a determination of the appeal based on the evidence submitted within 90 days of the filing of the appeal. The basis for the
determination shall be described therein. LAHD shall mail a copy of the determination to the Owner, the occupants of the units claimed as Tourist Units by
the Owner, and any Interested Party who filed an appeal or submitted evidence pursuant to this section.
D.
An Owner or any Interested Party who presented evidence pursuant to this section may appeal LAHD's determination to a General Manager's Hearing
Officer pursuant to the provisions of Section 47.84. The Owner shall post LAHD's determination until the time for filing any appeal expires. The appeal shall be
filed at LAHD within 15 calendar days after LAHD mails its determination. LAHD's determination shall be final if a timely appeal is not filed.
SEC. 47.77. CLAIM OF EXEMPTION.
A.
Applications for Exemption based on Subsection A. of Section 47.74, Affordable Housing Projects. Applications for exemption based on Subsection A.
of Section 47.74 shall be subject to the provisions below of this subsection:
1.
Filing of Application for Exemption. An application for exemption based on Subsection A. of Section 47.74 may be filed at any time by the
Owner. The Owner shall pay an administrative fee in the amount of $205 when filing the application. The fee shall pay for the cost of investigating and
processing the application.
2.
Owner's Submission of Evidence. The Owner shall submit evidence with the application to support the claim of exemption. The Owner has
the burden of proving by a preponderance of the evidence that the Residential Hotel is exempt from the provisions of this article.
3.
Determination of Exempt Status. LAHD shall issue a determination of the claim for exemption based on the evidence submitted, and shall
mail a copy of the determination to the Owner within 90 days of filing the application.
4.
Appeal of Denial of Application for Exemption. An Owner may appeal the denial of an application for exemption pursuant to the provisions
of Subsection C. of this section.
B.
Applications for Exemption based on Subsection B. of Section 47.74. Applications for exemptions based on Subsection B. of Section 47.74 shall be
subject to the provisions below of this subsection:
1.
Timing of filing of Application for Exemption. An application for exemption based on Subsection B. of Section 47.74 must be filed within 60
days after LAHD mails notification pursuant to Subsection B. of Section 47.75. Failure to timely file an application for exemption will result in denial of the
application, unless LAHD finds that good cause exists for the untimely filing. The Owner shall also pay an administrative fee in the amount of $205 when
filing the application. The fee shall pay for the cost of investigating and processing the application.
2.
Posting Notice of Application for Exemption. On the date that the Owner files the application for exemption with LAHD, the Owner shall
post a notice. The notice shall be on a form prescribed by LAHD. The notice shall provide the name and contact number of LAHD staff whom Tenants and
an Interested Party can contact to provide additional evidence and information. LAHD shall also mail a copy of the Owner's application for exemption to
each of the units of the Residential Hotel. The notice shall remain posted until after LAHD issues a written determination regarding the application for
exemption.
3.
Submission of Evidence. The Owner shall submit evidence with the application to support the claim of exemption. The Owner has the burden
of proving by a preponderance of the evidence that the Residential Hotel is exempt from the provisions of this article. Any Interested Party may submit
evidence to LAHD.
4.
Determination of Exempt Status. LAHD shall review the application for exemption and evidence submitted. LAHD shall issue a
determination of the application for exemption within 90 days of the filing of the application. LAHD shall mail a copy of the determination to the Owner
and to any Interested Party who submitted evidence pursuant to the provisions of Subdivision 3. of this subsection. The Owner shall post LAHD's
determination until the time for filing any appeal expires.
5.
Appeal from Determination of Exempt Status. An Owner or any Interested Party who submitted evidence pursuant to Subdivision 3. of this
subsection may appeal LAHD's determination of an application for exemption pursuant to the provisions of Subsection C, of this section.
C.
Appeal of Determination of Application for Exemption. An appeal pursuant to the provisions of Subdivision 4. of Subsection A. of this section or
Subdivision 5. of Subsection B. of this section may be made to the General Manager's Hearing Officer pursuant to the provisions of Section 47.84 of this article. The appeal shall be filed at LAHD within 15 calendar days after LAHD mails the determination of the application for exemption. LAHD's determination of an
application for exemption shall be final if a timely appeal is not filed. The appellant shall have the burden of proving by a preponderance of the evidence that the
decision on exemption was erroneous.
SEC. 47.78. APPLICATION FOR CLEARANCE.
The City shall not approve a Conversion or Demolition of a Residential Hotel, or any new development on the site of a Destroyed or Demolished Residential
Hotel, until LAHD has approved an Application for Clearance filed by the Owner pursuant to this section.
A.
If an Owner applies for a building permit for a Residential Hotel that constitutes a proposed Conversion or Demolition of the Residential Hotel, or is a
new development on the site of a Destroyed or Demolished Residential Hotel, then the following procedures shall apply:
1.
LADBS shall inform LAHD of the application for a building permit.
2.
The Owner shall file an Application for Clearance with LAHD. Within 90 days after LAHD has deemed the application complete, LAHD shall
either deny the application or determine the conditions for approval of the application.
3.
LAHD shall make one of the following determinations when an Owner files a complete Application for Clearance:
(a)
Deny an Application for Clearance if the applicant has violated the provisions of Subsection A. of Section 47.82;
(b)
Exempt the property from the provisions of this article if the Application for Clearance is for an Affordable Housing Project pursuant to
the provisions of Section 47.74; or
(c)
Determine the conditions for approval of an Application for Clearance pursuant to Section 47.79.
4.
LAHD shall mail a copy of LAHD's letter of determination of an Application for Clearance to the Owner, the occupants of the Residential
Hotel's units, and the applicable Council office.
5.
The Owner and any Interested Party may appeal the conditions for approval of an Application for Clearance to the General Manager's Hearing
Officer pursuant to the provisions of Section 47.84.
6.
LAHD shall only approve the Application for Clearance if the Owner complies with the conditions determined by LAHD pursuant to this section
or, if the conditions for approval are appealed, as determined pursuant to Section 47.84.
B.
An Owner who files an Application for Clearance with LAHD and wants the option to pay a fee pursuant to the provisions of Subdivision 2. of
Subsection A. of Section 47.79 shall pay an application fee in the amount of $2000 for each application. An Owner who files an Application for Clearance with
LAHD and does not want the option to pay a fee pursuant to the provisions of Subdivision 2. of Subsection A. of Section 47.79 shall pay an application fee in the
amount of $1108 for each application. The application fee shall pay for the City's cost of administering the application process.
C.
The Application for Clearance shall contain the following information:
1.
The legal and mailing address of the Residential Hotel;
2.
The names and addresses of all Owners or operators of the Residential Hotel;
3.
The names of all Tenants in the Residential Hotel;
4.
The total number of units in the Residential Hotel and the current uses;
5.
The current rental rates for the Residential Units; and
6.
The length of each Tenant's tenancy in Residential Units affected by the Application for Clearance.
SEC. 47.79. CONDITIONS FOR APPROVAL OF AN APPLICATION FOR CLEARANCE.
A.
LAHD shall require an Owner to satisfy one of the following conditions for approval of an Application for Clearance:
1.
Construct, for each Residential Unit to be Converted or Demolished, a Comparable Unit in the City of Los Angeles within a two-mile radius of
the units to be Converted or Demolished.
(a)
LAHD may authorize the construction of fewer units to replace the Residential Units to be Converted or Demolished if LAHD
determines that the following three conditions are met:
(i)
The replacement units provide amenities, such as bathrooms and kitchens, not present in the units to be withdrawn;
(ii)
The needs of the current residents of the Residential Hotel would be served by the better amenities and larger units; and
(iii)
The reduction in the number of units would not significantly decrease the number of available Residential Units in the City.
(b)
Where the Owner chooses to comply with the conditions for approval of an Application for Clearance pursuant to this subdivision,
LAHD shall not approve the Application for Clearance until LADBS issues a certificate of occupancy for units constructed pursuant to this
subdivision, except where CRA/LA has approved replacement units within four years of the date of Demolition of the Residential Hotel units
pursuant to CRA/LA Development Guidelines and Controls for Residential Hotels in the City Center and Central Industrial Redevelopment Project
Areas, so long as the guidelines are in full force and effect.
2.
Pay to the City of Los Angeles a fee in an amount equal to 80 percent of the cost of construction of an equal number of comparable Residential
Units plus 100 percent of site acquisition costs. GSD shall determine the fee amount based on an independent MAI certified appraisal reviewed by GSD. The applicant shall pay for the appraisal. The fee payments shall be placed in the Affordable Housing Trust Fund and be used for the Permanent Supportive
Housing Program pursuant to Subsection B. of this section. The funds deposited in the Affordable Housing Trust Fund for the Permanent Supportive
Housing Program pursuant to the provisions of this subdivision may be used to create replacement units. If the units to be Converted or Demolished are in
the City Center or Central Industrial Redevelopment Project Area, the fee will be paid into the Affordable Housing Trust Fund to be used for the Permanent
Supportive Housing Program in accordance with the CRA/LA's Guidelines and Controls for Residential Hotels in the City Center and Central Industrial
Redevelopment Project Areas, for so long as the guidelines are in full force and effect.
3.
Convert Residential Units to units that are either Light Housekeeping Rooms, Efficiency Dwelling Units or dwelling units, and which shall be
subject to a regulatory agreement filed with the Los Angeles County Recorder guaranteeing for a period of at least 55 years that at least 10 percent of the
units shall be affordable to households with income no greater than 30 percent of Area Median Income, at least an additional 40 percent of the units shall be
affordable to households with income no greater than 40 percent of Area Median Income, and at least an additional 30 percent of the units shall be
affordable to households with income no greater than 50 percent of Area Median Income, as these terms are defined by the United States Department of
Housing. The initial rent for the remaining units may be set at any amount.
(a)
The option provided by this subdivision applies only to Residential Hotels containing more than 250 units.
(b)
LAHD may authorize the construction of fewer units to replace the Residential Units to be Converted pursuant to this subdivision if
LAHD determines that the following three conditions are met:
(i)
The replacement units provide amenities, such as bathrooms and kitchens, not present in the units to be withdrawn;
(ii)
The needs of the current residents of the Residential Hotel would be served by the better amenities and larger units; and
(iii)
The reduction in the number of units would not significantly decrease the number of available Residential Units in the City.
B.
The funds deposited in the Affordable Housing Trust Fund pursuant to the provisions of this article shall be used to provide capital funding for the
development of permanent supportive housing projects pursuant to the City's Permanent Supportive Housing Program. At the end of the calendar year after the year
in which funds are deposited in the Affordable Housing Trust Fund, any remaining funds that have not been committed through the Permanent Supportive Housing
Program shall be available for the development of affordable housing projects funded through the Affordable Housing Trust Fund. Units developed with funds
committed under the Affordable Housing Trust Fund pursuant to this subsection shall be restricted to households with incomes no greater than 35% of Area Median
Income, as defined by the United States Department of Housing and Urban Development.
SEC. 47.80. RIGHTS OF TENANTS.
A.
Relocation Assistance. Tenants evicted from Residential Units pursuant to Section 151.09 A.13. of this code shall be entitled to relocation assistance
pursuant to the provisions of Section 151.09 G.
B.
Right of First Refusal. Within 60 days of the issuance of a certificate of occupancy for units constructed pursuant to Section 47.79 A.1., the Owner
shall first offer to rent the units to Tenants who were evicted, pursuant to Section 151.09 A.13. of this Code, from the Residential Units that were the subject of the
Application for Clearance.
C.
Tenancy. If a Tenant takes possession of a unit pursuant to the provisions of Subsection B. of this section, that unit shall be subject to the provisions
of Chapter XV of this Code.
SEC. 47.81. DESTROYED BUILDINGS OR BUILDINGS DEMOLISHED PURSUANT TO AN ABATEMENT PROCEEDING.
A.
This section shall apply to Residential Hotel buildings that are Destroyed by a Disaster or Demolished by LADBS pursuant to Section 91.8905 or
91.8907 of this Code, unless the proposed development will be an Affordable Housing Project.
B.
The City shall not approve building permits for a Destroyed Residential Hotel building, or for any new development on the site of a Destroyed or
Demolished Residential Hotel, unless the owner files an Application for Clearance with LAHD and complies with the provisions of Section 47.79.
C.
LAHD shall have the authority to record an affidavit with the County Recorder stating that no permits for any new development on the site of a
Destroyed or Demolished Residential Hotel shall be issued unless the Owner has complied with the provisions of this article.
SEC. 47.82. UNLAWFUL CONVERSION; REMEDIES; FINES.
A.
article.
It shall be unlawful for any person to Convert or Demolish any Residential Hotel building or Residential Unit in violation of the provisions of this
1.
Changing the use of a Residential Unit for non-commercial purposes that serves only the needs of the permanent residents, such as a residents'
lounge, storeroom or common area, does not constitute a violation of this article.
2.
Demolition of an existing Residential Unit to combine units for a non-commercial purpose that serves only the needs of the permanent residents
does not constitute a violation of this article.
3.
An Owner is prohibited from Converting or Demolishing less than all of the original number of Residential Units in a Residential Hotel, except
where an Owner satisfies the conditions for approval of an Application for Clearance pursuant to the provisions of Subdivision 3. of Subsection A. of Section
47.79.
B.
LAHD Order Regarding Violations and Fines. Whenever LAHD determines that any Residential Hotel is in violation of this article, LAHD shall
order the violation corrected, and shall impose a fine pursuant to the provisions of this section.
C.
Appeal of Order to General Manager's Hearing. Where an Owner believes that an order issued pursuant to the provisions of Subsection B. of this
section was in error regarding the violations identified or the fine assessed, the Owner may appeal the order by filing a request for a General Manager's hearing
pursuant to the provisions of Section 47.84. The Owner must file the appeal in writing on a form provided by the Department within 15 calendar days of when
LAHD mailed the order. If the appeal is not received within this period, the order shall be final. If the Owner timely appeals the order to a General Manager's
hearing, the order shall be stayed pending the appeal.
D.
Fines, Penalties and Interest.
1.
Imposition of Fine. A Person violating any provision of this article shall pay a fine up to the amount of $250 per day for each violation that is
the subject of an order issued pursuant to Subsection B. of this section. Fines imposed pursuant to orders that are not appealed to a General Manager's
hearing must be paid within 30 days after issuance of the order. Fines not paid within 30 days shall be deemed delinquent. Fines imposed by orders that are
appealed to a General Manager's hearing must be paid within 30 days after the Hearing Officer issues a written decision pursuant to the provisions of
Subsection F. of Section 47.84 if the Hearing Officer affirms imposition of the fine. Fines not paid within 30 days of issuance of a decision shall be deemed
delinquent.
2.
Imposition of Late Penalty. A Person whose fine is delinquent shall be assessed a penalty in the amount of 100 percent of the fine. The
penalty shall be owed in addition to the amount of the fine.
3.
Interest. In addition to the fine and penalties imposed, any Person with a delinquent fine shall pay interest on the amount of the fine and any
penalty owed at the rate of one and one-half percent per full month of delinquency.
4.
Personal Obligation of Owner. In addition to all other remedies provided by law, all penalties and interest owed for violations of this article
shall be a personal obligation of the Owner, recoverable by the City in an action before any court of competent jurisdiction.
5.
Criminal Penalties for Violations. Any Person willfully violating the requirements of this article shall be guilty of a misdemeanor. The
penalty upon conviction shall be not more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and
imprisonment. Violations of this article are deemed continuing violations, and each day that a violation continues is deemed to be a new and separate
offense.
6.
False Information Misdemeanor. It shall be unlawful for any Person to willfully provide false information to LAHD or its designees. Any
Person who provides false information to the City, when required to provide information pursuant to this article, shall be guilty of a misdemeanor. Conviction of this misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the County Jail for a period not to exceed six
months, or both fine and imprisonment.
E.
Civil Action. An Interested Party or the City may institute a civil proceeding for injunctive relief and damages for violations of this article. The
Interested Party instituting a civil proceeding, or the City suing to enforce the provisions of this article, if prevailing parties, shall be entitled to the costs of
enforcing this article, including reasonable attorneys' fees, pursuant to an order of the Court.
SEC. 47.83. POST OR POSTING.
Where posting is required by this article, material shall be posted in a conspicuous location at the front desk in the lobby of the Residential Hotel subject to the
posting requirement, or if there is no lobby, in the public entranceway. No material posted may be removed by any Person except as otherwise provided in this
article.
SEC. 47.84. APPEALS TO LAHD GENERAL MANAGER'S HEARING OFFICER.
A.
Filing of the Appeal. Appeals to the General Manager's Hearing Officer shall be on a form prescribed by LAHD. The appellant must pay a fee in the
amount of $600 to fund the administrative cost of the hearing process. Appellants must state the basis of the appeal and provide supporting evidence.
B.
Powers of the Hearing Officer. The General Manager's Hearing Officer shall exercise all powers related to the conduct of a hearing. The Hearing
Officer shall have the discretion to grant a continuance of the hearing upon a showing of good cause. The Hearing Officer has the power to administer oaths and
affirmations during the hearing. The Hearing Officer shall require the maintenance of order in the hearing room, may order the exclusion of witnesses, may expel
anyone who disturbs the hearing, and may secure the aid of the Los Angeles Police Department for these purposes.
C.
Notice of General Manager's Hearing. The General Manager's hearing shall be held within 60 days of the filing of the appeal. Notice of the General
Manager's hearing shall be mailed to the Owner, via certified United States mail, postage prepaid, or delivered in person, at least seven calendar days prior to the
hearing. Upon receipt of the notice, the Owner shall post the notice and shall keep the notice posted until after completion of the hearing. LAHD shall also provide
notice to the occupants of the Residential Hotel by mail, or in person, at least seven calendar days prior to the hearing.
D.
Presentation of Evidence. LAHD staff, the Owner, and any other Interested Party may present oral, photographic or documentary evidence that is
relevant to the case for consideration by the Hearing Officer. Appellants shall have the burden of proof, and shall present substantial evidence and specific facts to
support their appeal.
E.
Recording of Hearing. The proceedings shall be audio-recorded by LAHD.
F.
Hearing Officer's Decision. After considering all relevant evidence and arguments, the Hearing Officer shall issue a written decision within 30
calendar days of the hearing. The Hearing Officer shall decide, based on the record, whether LAHD erred or abused its discretion. The decision shall be supported
by written findings. LAHD will mail a copy of the decision to the Owner and any Interested Party who presented evidence at the hearing, and the occupants of the
Residential Hotel. The Owner shall post the Hearing Officer's determination for 20 days. The decision of the Hearing Officer shall be the final administrative
decision except in the following circumstance: If the Hearing Officer authorizes construction of fewer units pursuant to Section 47.79 A.1.(a) or Section 47.79
A.3.(b) and this results in a reduction of more than 25 percent of the number of Residential Units being converted or demolished, the Owner or any Interested Party
may appeal the Hearing Officer's decision to the City Council pursuant to the provisions of Subsection G. of this section.
G.
Appeals to the City Council. Appeals to the City Council shall be filed with LAHD on the forms prescribed by LAHD within fifteen days of the date
of mailing of the Hearing Officer's decision. LAHD shall transmit the appeal form to the City Clerk for a public hearing before the City Council. The City Council
shall hear the appeal within 30 days after it is filed, unless LAHD and the Owner consent to an extension of time. The Council shall give notice of the hearing to
the Appellant and any Interested Party who presented evidence at the hearing. The Owner shall post notice of the hearing until the hearing is concluded. At the time
established for the hearing, the Council or its Committee shall hear the testimony of LAHD staff, the Owner and any Interested Party, and any witnesses on their
behalf. Appellants shall have the burden of proof, and shall present substantial evidence and specific facts to support their appeal. Upon conclusion of the hearing,
the City Council shall within ten days render its decision on the appeal based upon the testimony and documents produced before it. The City Council may by
resolution sustain, modify, or reject LAHD authorization of the construction of fewer units pursuant to Section 47.79 A.1.(a) or Section 47.79 A.3.(b), and shall
make findings consistent with the provisions of this article. Notice of the City Council's decision shall be mailed to LAHD, the Owner, and any Interested Party
who presented evidence at the hearing. The Owner shall post the decision for 20 days after receipt of the decision. If at the end of the time limit specified in this
subsection, or time extension consented to by LAHD and Appellants, the City Council fails to act, the appeal shall be deemed denied and the Hearing Officer's
decision from which the appeal was taken shall be deemed affirmed. It shall be the duty of the City Clerk to issue the decision.
H.
Mayoral Review of City Council Decision. When the City Council renders a decision pursuant to Subsection G. of this section, the matter together
with the files and reports shall forthwith be transmitted to the Mayor. The Mayor may approve or disapprove the City Council decision within ten working days of
its presentation to the Mayor. This action shall be based solely upon the administrative record and whether the Mayor believes the City Council decision is
consistent with the provisions of this article. If the Mayor disapproves the decision, the Mayor shall return the matter to the City Clerk for presentation to the City
Council, along with objections in writing. If the Mayor does not disapprove the decision within ten working days after its presentation, the City Council decision
shall become final and effective.
If the Mayor disapproves the City Council decision, the Mayor shall return the matter to the Clerk for presentation to the City Council, together with objections
in writing. The City Council may override the disapproval by a two-thirds vote within ten working days of the first City Council meeting at which the Clerk
presented the matter with the objections of the Mayor. If the City Council fails to override the Mayor's disapproval within the ten working days, the following shall
be the effect of the disapproval:
(1)
If the City Council had sustained LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute a rejection of
LAHD's authorization of the construction of fewer units;
(2)
If the City Council had modified LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute approval of
LAHD's authorization of the construction of fewer units; and
(3)
If the City Council had rejected LAHD authorization of the construction of fewer units, the Mayor's disapproval shall constitute approval of
LAHD's authorization of the construction of fewer units.
SEC. 47.85. RECORDS OF USE.
All Residential Hotels shall maintain a daily log documenting the status of each room, whether it is occupied or vacant, whether it is used as a Residential or
Tourist Unit, the name under which each adult occupant is registered, the type of identification used to verify the identity of the occupants, and the amount of rent
charged. Each Residential Hotel shall provide receipts to each adult occupant and maintain copies of the receipts showing the following: the room number, the
name of each adult occupant, the rental amount and period paid for and any associated charges imposed and paid for the unit, including, but not limited to, security
deposits and any taxes. The daily log and copies of receipts shall be made available for inspection and investigation by the LAHD upon request.
SEC. 47.86. INVESTIGATIONS.
LAHD may request information from an Owner or Interested Party and conduct investigations as reasonably necessary to implement the provisions of this
Article and to determine the status of a building as a Residential Hotel. If LAHD has requested information from an Owner in order to make a determination
pursuant to Sections 47.75 or 47.76, and the requested information is not provided, LAHD may deem the building a Residential Hotel and all of the units therein
Residential Units.
SEC. 47.87. PROMULGATION OF RULES AND REGULATIONS.
LAHD and LADBS shall have the authority to adopt policies, rules and regulations to effectuate the purposes of this article, and to implement and administer
their duties imposed pursuant to the provisions of this article.
SEC. 47.88. ANNUAL REVIEW OF RESIDENTIAL HOTEL STATUS.
The General Manager of LAHD, with assistance from LADBS, shall prepare and report to the Mayor and the City Council annually with respect to the
administration of this article and shall provide the following information:
A.
Angeles;
Current data on the number of Residential Hotels and the number of Residential Units in each of the Residential Hotels in the City of Los
B.
Current data on the number of Residential Units Converted or Demolished pursuant to an approved application for clearance;
C.
Current data on the number of Residential Units eliminated due to Demolition as a result of major fires, natural causes or accidents;
D.
Current data on the number of Residential Units illegally converted;
E.
Current data on the number of replacement housing units rehabilitated or constructed;
F.
A summary of the enforcement efforts by all City agencies responsible for the administration of this article; and
G.
A report on expenditures of monies in the Affordable Housing Trust Fund received pursuant to the provisions of this article.
SEC. 47.89. CONSTRUCTION.
Nothing in this article may be construed to supersede any other lawfully enacted ordinance of the City of Los Angeles, except that definitions provided in this
article shall govern the enforcement of this article. An Owner of a Residential Hotel subject to the provisions of this article must comply with all applicable federal,
state and local laws, including, without limitation, the CRA/LA Development Guidelines and Controls for Residential Hotels in the City Center and Central
Industrial Redevelopment Project Areas, so long as the guidelines are in full force and effect.
ARTICLE 7.2
MORTGAGE MODIFICATION CONSULTANTS
Section
47.100
47.101
47.102
47.103
47.104
47.105
Title.
Purpose.
Findings.
Definitions.
Right of Cancellation.
Contract Requirements.
47.106
47.107
47.108
47.109
Violations.
Waiver.
Owner's Right of Action.
Liability of Mortgage Foreclosure Consultant for Damages Resulting from Statements Made, or Acts by, a Representative.
SEC. 47.100. TITLE.
This Article shall be known as the Mortgage Modification Consultant Regulations.
It is the purpose of this Article to benefit the general public by preventing homeowners who are threatened with the potential foreclosure of their properties
from being victimized by persons who obtain payment by falsely promising that they are able to assist homeowners in modifying the terms of loans secured by
deeds of trust in order to make the loans more affordable.
This purpose is to be accomplished by requiring that persons and entities seeking to obtain payment for such services enter into a written contract with the
homeowner describing the services to be performed and that the contract notify homeowners of their rights to cancel the contract, that no fees be charged or
collected in advance of performance, and that any aggrieved homeowner will have a private cause of action for treble damages, costs and attorneys' fees.
SEC. 47.102. FINDINGS.
The Los Angeles City Council finds that:
A.
There is an unprecedented number of homeowners in the City of Los Angeles threatened with foreclosure;
B.
At the same time, there is an unprecedented effort on the part of various governmental entities and lenders to encourage lenders and borrowers
to attempt to modify mortgages in order to make such loans more affordable and to lessen, if not prevent, the possibility of foreclosure;
C.
On March 4, 2009, the Obama Administration announced new U.S. Department of the Treasury guidelines to enable loan servicers to begin
modifications of eligible mortgages under the Administration's Homeowner Affordability and Stability Plan;
D.
There has arisen a class of people who, preying on homeowners threatened with foreclosure, falsely promise to attempt to modify mortgages in
exchange for advance payment and who provide no written contract for their services, thus thwarting homeowners' attempts to sue for breach of contract
when fraud becomes apparent;
E.
California state law currently regulates the activities of people who offer to arrange for services purporting, among other things, to cure
mortgage defaults after a property is in foreclosure as evidenced by the recording of a Notice of Default pursuant to California Civil Code Section 2924, but
there exists no state regulation of such people who offer or provide such services prior to the recording of a Notice of Default; and
F.
It is in the public interest that the activities of people who promise to attempt to prevent foreclosure prior to the recording of a Notice of Default
be regulated. Furthermore, in order to protect homeowners from the actions of unscrupulous people who falsely promise to attempt to prevent foreclosure,
remedies must be provided where unlawful activity has occurred.
G.
This crisis is only expected to worsen in the upcoming months as many adjustable rate mortgages are scheduled to be reset to higher interest
rates prompting a series of new foreclosures in the City of Los Angeles while, at the same time, there are unprecedented and well-publicized efforts to
encourage homeowners to attempt to modify their mortgages to affordable levels.
H.
The City Council enacts this Article as an urgency ordinance pursuant to Charter Section 253 to prevent the victimization of people who want to
modify the terms of their existing mortgages in order to make their homes more affordable and reduce the likelihood of going into default and, thus, preserve
public peace, health and safety.
For purposes of this Article, the following terms and phrases shall have the meanings set forth herein, unless the context clearly indicates a different meaning. Singular references also include plural and derivative uses of defined terms where capitalized.
A.
Contract. Contract means any written agreement, or any term thereof, between a Mortgage Modification Consultant and an Owner for the
rendition of any Service as defined in this Section.
B.
Mortgage Modification Consultant.
(1)
Mortgage Modification Consultant means any Person who makes any solicitation, representation, or offer to any Owner to perform for
compensation or who, for compensation, performs any service which the Mortgage Modification Consultant in any manner represents will do any of
the following:
(a)
Contact or negotiate with any beneficiary or mortgagee for the purposes of modifying the interest rate, principal balance, or terms
of any loan prior to the recording of a Notice of Default.
(b)
Prevent the recording of a Notice of Default.
(c)
Obtain any forbearance from any beneficiary or mortgagee prior to the recording of a Notice of Default.
(d)
Obtain any waiver of an acceleration clause contained in any promissory notice or contract secured by a deed of trust or
mortgage on a Residence or contained in that deed of trust or mortgage prior to the recording of a Notice of Default.
(e)
Assist an Owner to obtain a loan or advance of funds to cure a mortgage default where the property is not the subject of a
recorded Notice of Default.
(f)
Avoid or ameliorate the impairment of an Owner's credit resulting from the threatened recording of a Notice of Default.
(g)
Save an Owner's residence from a threatened foreclosure.
(2)
Mortgage Modification Consultant does not include any Person identified as exempt from the definition of "Foreclosure consultant" by
Subsection (b) of Section 2945.1 of the California Civil Code.
C.
Notice of Default. Notice of Default means a notice that is recorded pursuant to the provisions of California Civil Code Section 2924.
D.
Owner. Owner means the record title owner of residential real property located in the City of Los Angeles.
E.
Person. Person means any individual, partnership, corporation, limited liability company, association, or other entity, however organized.
F.
Residence. Residence means residential real property, consisting of one or more dwelling units, one of which the Owner occupies as his or her
principal place of residence, encumbered by a loan secured by a deed of trust the terms of which the Owner wishes to modify in order to reduce or fix the payments
thereon, but is not the subject of a recorded Notice of Default.
G.
Service. Service means and includes, but is not limited to, any of the following:
(1)
Debt, budget, or financial counseling of any type.
(2)
Receiving money for the purpose of distributing it to creditors in payment or partial payment of any obligation secured by a lien on a
Residence but prior to the recording of a Notice of Default on the Residence.
(3)
Contacting creditors on behalf of an Owner of a Residence but prior to the recording of a Notice of Default on the Residence.
(4)
Arranging or attempting to arrange for an extension of the period within which the Owner of a Residence may cure his or her default
prior to the recording of a Notice of Default.
(5)
Advising the filing of any document or assisting in any manner in the preparation of any document for filing with any bankruptcy court
on behalf of an Owner of a Residence.
(6)
Giving any advice, explanation or instruction to an Owner of a Residence which in any manner relates to the cure of an existing or
threatened default in, or in an obligation secured by a lien on, the Owner's Residence, or the postponement or avoidance of the recording of a Notice
of Default for the Owner's Residence.
SEC. 47.104. RIGHT OF CANCELLATION.
A.
In addition to any other right under law to rescind a contract, an owner has the right to cancel a Contract until midnight of the seventh calendar day
after the day on which the Owner signs a Contract.
B.
Cancellation occurs when the Owner gives written notice of cancellation to the Mortgage Modification Consultant by mail at the address specified in
the Contract, or by facsimile or electronic mail at the number or address identified in the Contract.
C.
Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with the postage prepaid. If given by facsimile or
electronic mail, notice of cancellation is effective when successfully transmitted.
D.
Notice of cancellation given by the Owner need not take the particular form as provided with the Contract and, however expressed, is effective if it
indicates the intention of the Owner not to be bound by the Contract.
SEC. 47.105. CONTRACT REQUIREMENTS.
A.
Every Contract shall be in writing and shall fully disclose the exact nature of the Mortgage Modification Consultant's services and the total amount and
terms of compensation.
B.
The Contract shall be written in the same language as principally used by the Mortgage Modification Consultant to describe his or her services or to
negotiate the Contract. In addition, the Mortgage Modification Consultant shall provide the Owner, before the Owner signs the Contract, with a copy of a
completed Contract written in any other language used in any communication between the Mortgage Modification Consultant and the Owner, and in any language
described in Subdivision (b) of California Civil Code Section 1632 if requested by the Owner. If English is the language principally used by the Mortgage
Modification Consultant to describe the Mortgage Modification Consultant's services or to negotiate the Contract, the Mortgage Modification Consultant shall notify
the Owner orally and in writing before the Owner signs the Contract that the Owner has the right to ask for a completed copy of the Contract in a language
described in California Civil Code Section 1632.
C.
The Contract shall be dated and signed by the Owner, and shall contain next to the space reserved for the Owner's signature a conspicuous statement in
a size equal to at least 14-point boldface type the following language:
NOTICE REQUIRED BY THE
CITY OF LOS ANGELES
You, the owner, may cancel this transaction at any time prior to midnight of the seventh calendar day after you sign this contract. Cancellation occurs
when you give written notice of cancellation to the other party to this contract at the party's address identified in this contract, or by facsimile or electronic
mail at the number or address identified in this contract.
It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may
call your lender directly to ask for a change in your loan terms. HUD approved nonprofit housing counseling agencies also offer these and other forms of
borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban
Development is available from your local HUD office.
You may also reach HUD approved counselors through the Home Ownership Preservation Foundation.
D.
The Contract shall contain on the first page, in a type size no smaller than that generally used in the body of the document, each of the following:
(1)
The name, mailing address, electronic mail address, and facsimile number of the Mortgage Modification Consultant to which the notice of
cancellation is to be mailed.
(2)
The date the Owner signed the Contract.
E.
The Contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation", which shall be attached to the Contract, shall
be easily detachable, and shall contain in type at least 14-point type the following statement written in the same language that was used in the Contract:
"NOTICE OF CANCELLATION."
F.
The Mortgage Modification Consultant shall provide the Owner with a copy of the Contract and the attached notice of cancellation. An Owner's use of
the notice of cancellation is optional. This section is in no way intended to limit the application of Subsection D. of Section 47.104.
G.
Until the Mortgage Modification Consultant has complied with this Section, the Owner may cancel the Contract.
SEC. 47.106. VIOLATIONS.
It shall be a violation of this Article for a Mortgage Modification Consultant to do any of the following: A.
Perform any Service without a written Contract.
B.
Claim, demand, charge, collect, or receive any compensation until after the Mortgage Modification Consultant has fully performed each and
every Service the Mortgage Modification Consultant Contracted to perform or represented that he or she would perform.
C.
Take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. That
security shall be void and unenforceable.
D.
Receive any consideration from any third party in connection with Services rendered to an Owner unless that consideration is fully disclosed to
the Owner at the time the Contract is entered into.
E.
Acquire any interest in the Residence from an Owner with whom the Mortgage Modification Consultant has Contracted. Any interest acquired
in violation of this Subsection shall be void, provided that nothing herein shall affect or defeat the title of a bona fide purchaser or encumbrancer for value
and without notice of a violation of this Article. Knowledge that the property was a Residence does not constitute notice of a violation of this Article. This
Subsection may not be deemed to abrogate any duty of inquiry that exists as to rights or interests of persons in possession of a Residence.
F.
Take any power of attorney from an Owner for any purpose.
G.
Induce or attempt to induce any Owner to enter into a Contract that does not comply in all respects with Sections 47.104 and 47.105.
SEC. 47.107. WAIVER.
Any waiver by an Owner of any or all of the provisions of this Article shall be deemed void and unenforceable as contrary to public policy. Any attempt by a
Mortgage Modification Consultant to induce an Owner to waive any or all of the rights provided by this Article shall be deemed a violation of this Article.
SEC. 47.108. OWNER'S RIGHT OF ACTION.
In addition to all remedies allowed by law, an Owner may bring an action against a Mortgage Modification Consultant for any violation of this Article, and a
Mortgage Modification Consultant may be liable in a civil action for damages up to three times the amount of actual damages, attorneys' fees and costs of
litigation.
SEC. 47.109. LIABILITY OF MORTGAGE FORECLOSURE CONSULTANT FOR DAMAGES RESULTING FROM STATEMENTS MADE, OR
ACTS BY, A REPRESENTATIVE.
A.
A Mortgage Modification Consultant is liable for all damages resulting from any statement made or act committed by the Mortgage Modification
Consultant's representative in any manner connected with any of the following:
B.
(1)
the Mortgage Modification Consultant's performance, offer to perform, or Contract to perform any Service.
(2)
the Mortgage Modification Consultant's receipt of any consideration or property from or on behalf of an Owner.
(3)
performance of any act prohibited by this Article.
"Representative" for the purposes of this Section means a Person who in any manner solicits, induces, or causes any of the following:
(1)
(2)
any Owner to Contract with a Mortgage Modification Consultant.
any Owner to pay any consideration or transfer title to the Residence threatened with foreclosure to the Mortgage Modification Consultant.
(3)
any member of the Owner's family or household to induce or cause any Owner to pay any consideration or transfer title to the Residence to the
Mortgage Modification Consultant.
ARTICLE 8
MUNICIPAL LOBBYING
(Repealed and Re-added by Ord. No. 169,916, Eff. 8/10/94.)
Section
48.01
48.02
48.03
48.04
48.05
48.06
Title and Findings.
Definitions.
Exemptions.
Prohibitions.
Record-keeping Responsibilities.
Filing Methods.
48.07
48.08
48.08.5
48.08.6
48.08.7
48.08.8
48.09
48.10
48.11
Registration.
Disclosure Reports.
Copies of Solicitations.
Lobbying Disclosure – Political Contributions.
Lobbying Disclosure – Fundraising Activity.
Lobbying Disclosure – Written Communications to Neighborhood Councils.
Compliance Measures and Enforcement.
Ethics Commission Reports.
Severability.
SEC. 48.01. TITLE AND FINDINGS.
A.
Title. This article shall be known and may be cited as the Los Angeles Municipal Lobbying Ordinance.
B.
Findings. The following findings are adopted in conjunction with the enactment of this article:
1.
City government functions to serve the needs of all citizens.
2.
The citizens of the City of Los Angeles have a right to know the identity of interests which attempt to influence decisions of City government, as
well as the means employed by those interests.
3.
All persons engaged in compensated lobbying activities aimed at influencing decisions by City government must, when so engaged, be subject to
the same regulations, restrictions and requirements, regardless of their background, training or other professional qualifications or license.
4.
Complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the
maintenance of citizen confidence in the integrity of local government.
5.
It is in the public interest to ensure that lobbyists do not misrepresent facts, their positions, or attempt to deceive officials through false
communications, do not place City officials under personal obligation to themselves or their clients, and do not represent that they can control the actions of
City officials.
6.
It is in the public interest to adopt these amendments to the City’s regulations of lobbyists to ensure adequate and effective disclosure of
information about efforts to lobby City government.
The following terms used in this article shall have the meanings set forth below. Other terms used in this article shall have the meanings set forth in the
California Political Reform Act of 1974, as amended, and in the regulations of the California Fair Political Practices Commission, as amended, if defined therein.
“Activity expense” means any payment, including any gift, made to or directly benefiting any City official or member of his or her immediate family,
made by a lobbyist, lobbying firm, or lobbyist employer.
“Administrative proceeding” (Deleted by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Agency” means the City of Los Angeles or any department, bureau, office, board, commission, other agency of the City, or any other government
agency, required to adopt a conflict of interest code subject to City Council approval, and includes the City’s Community Redevelopment Agency and the
Los Angeles City Housing Authority.
“At the behest” means under the control of, at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion
of, or with the express prior consent of any elective City officer or candidate for elective City office. A donation to a religious, charitable, or other nonprofit
organization is not made at the behest of an elective City officer or candidate if the donation is solicited through a newspaper publication, through radio,
television, or other mass media, or through a suggestion made to the entire audience at a public gathering. A donation to a religious, charitable, or other
nonprofit organization is not made at the behest of an elective City officer or candidate solely because the name of the officer or candidate is listed with other
names on written materials used to request donations or the officer or candidate makes a speech to the entire audience or is honored and given an award at
an event sponsored by the organization. (Amended by Ord. No. 178,356, Eff. 3/12/07.)
“Attempting to influence” means promoting, supporting, opposing or seeking to modify or delay any action on municipal legislation by any means,
including but not limited to providing or using persuasion, information, statistics, analyses or studies. A person attempts to influence municipal legislation
when he or she engages in lobbying activities for the purpose of influencing a decision. (Amended by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“City official” means any elective or appointed City officer, member, employee or consultant (who qualifies as a public official within the meaning of
the Political Reform Act) of any agency, who, as part of his or her official duties, participates in the consideration of any municipal legislation other than in
a purely clerical, secretarial or ministerial capacity. (Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Client” means both (1) the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence municipal legislation and (2) the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal legislation, even if the lobbyist or lobbying firm is
compensated by another person for such representation. However, if a lobbyist or lobbying firm represents a membership organization and individual
members of that organization, an individual member is not a client solely because the member is individually represented by the lobbyist or lobbying firm
unless the member makes a payment for such representation in addition to usual membership fees.
“Client, Administrative” (Deleted by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Compensated Services” means services for which compensation was paid during a reporting period or for which the lobbyist or lobbying firm
became entitled to compensation during that period.
“Controlled committee” means any committee controlled by an elective City officer or candidate for any elective City office, including any campaign,
officeholder, legal defense fund, or ballot measure committee. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Direct communication” means appearing as a witness before, talking to (either by telephone or in person), corresponding with, or answering
questions or inquiries from, any City official or employee, either personally or through an agent who acts under one’s direct supervision, control or
direction. (Added by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Donation” means a payment for which full and adequate consideration is not received. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Elective City officer” means the Mayor, City Attorney, Controller and Member of the City Council. (Amended by Ord. No. 175,432, Eff. 9/28/03,
Oper. 1/1/04.)
“Elective Officer” means any person who is a City Council Member, City Attorney, Controller or Mayor, whether appointed or elected. (Added by
Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Fundraiser” means an individual who receives compensation to engage in fundraising activity as defined in this section. (Added by Ord. No.
175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Fundraising activity” means soliciting a contribution or hosting or sponsoring a fundraising event or hiring a fundraiser or contractor to conduct any
event designed primarily for political fundraising at which contributions for an elective City officer, candidate for elective City office, or any of his or her
controlled committees are solicited, delivered or made. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Host or sponsor” means to provide the use of a home or business to hold a political fundraising event without charging market value for the use of
that location; to ask more than 25 persons to attend the event; to pay for at least a majority of the costs of the event; or to provide the candidate, campaign,
committee and/or fundraiser more than 25 names to be used for invitations to the event. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Lobbying activities” includes the following and similar compensated conduct when that conduct is related to a direct communication to influence any
municipal legislation:
(1)
engaging in, either personally or through an agent, written or oral direct communication with a City official;
(2)
drafting ordinances, resolutions or regulations;
(3)
providing advice or recommending strategy to a client or others;
(4)
research, investigation and information gathering;
(5)
seeking to influence the position of a third party on municipal legislation or an issue related to municipal legislation by any means,
including but not limited to engaging in community, public or press relations activities; and
(6)
attending or monitoring City meetings, hearings or other events.
“Lobbying entity” means a lobbyist, lobbying firm or lobbyist employer, as defined in this article. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper.
1/1/04.)
“Lobbying firm” means any entity, including an individual lobbyist, which receives or becomes entitled to receive $1,000 or more in monetary or inkind compensation for engaging in lobbying activities (either personally or through its agents) during any consecutive three-month period, for the purpose of
attempting to influence municipal legislation on behalf of any other person, provided any partner, owner, shareholder, officer or employee of the entity
qualifies as a lobbyist. Compensation does not include reimbursement of or payment for reasonable travel expenses. An entity receives compensation
within the meaning of this definition whether or not the compensation is received solely for activities regulated by this article or is received for other
activities as well; however, only that portion of compensation received for the lobbying activities shall count toward the qualification threshold. An entity
"becomes entitled to receive compensation" when the entity agrees to provide services regulated by this article, or performs those services, whether or not
payment is contingent on the accomplishment of the client's purposes. (Amended by Ord. No. 178,064, Eff. 1/15/07.)
“Lobbyist” (Amended by Ord. No. 178,064, Eff. 1/15/07.) means any individual who is compensated to spend 30 or more hours in any consecutive
three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either
personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.
Compensation does not include reimbursement of or payment for reasonable travel expenses. A person receives compensation within the meaning of
this definition whether or not the compensation is received solely for activities regulated by this article or is received for both lobbying activities and other
activities as well. However, only the compensation for the lobbying activities shall be calculated to determine whether an individual qualifies as a lobbyist. An individual "becomes entitled to receive compensation" when the individual or the entity in which the individual is an employee, partner, owner,
shareholder or officer, agrees to provide services regulated by this article, or performs those services, regardless of whether payment is contingent on the
accomplishment of the client's purposes.
A lobbyist includes a person who owns an investment in a business entity if that person attempts to influence municipal legislation on behalf of the
business entity and if the person acquires the investment as compensation for his or her lobbying services or in contemplation of performing those services.
“Lobbyist employer” means an entity, other than a lobbying firm, that employs a lobbyist in-house to lobby on its behalf.
“Major filer” means any person who makes payments or incurs expenditures totaling $5,000 or more during any calendar quarter for public relations,
media relations, advertising, public outreach, research, investigation, reports, analyses, studies, or similar activities, for the purpose of attempting to
influence action on any proposed or pending matter of municipal legislation, if these payments or expenditures are not required to be reported on a lobbyist
or lobbying firm quarterly report. A “major filer” does not include a lobbyist, lobbyist employer, or lobbying firm. Expenditures and payments for
regularly published newsletters or other routine communications between an organization and its members shall not be counted for the purpose of this
definition. (Amended by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Municipal legislation” means any legislative or administrative matter proposed or pending before any agency (as defined in this article), including but
not limited to those involving the granting, denial, revocation, restriction or modification of a license, permit or entitlement for use (including all land use
permits) if the Mayor, the City Council, any of its committees, any agency board, commission, committee, or general manager, or any agency officer or
employee charged by law with holding a hearing and making a decision, is charged by law with making a final decision on the matter. However,
“municipal legislation” does not include any of the following:
(1)
A request for advice or for an interpretation of laws, regulations, City approvals or policies, or a direct response to an enforcement
proceeding with the City Ethics Commission.
(2)
Any ministerial action. An action is ministerial if it does not require the City official or employees involved to exercise discretion
concerning any outcome or course of action.
(3)
Any action relating to the establishment, amendment, administration, implementation or interpretation of a collective bargaining
agreement or memorandum of understanding between an agency and a recognized employee organization, or a proceeding before the Civil Service
Commission or the Employee Relations Board. Further, it does not include management decisions as to the working conditions of represented
employees that clearly relate to the terms of such collective bargaining agreement or memorandum of understanding. Nevertheless, “municipal
legislation” does include any action relating to collective bargaining taken by the City Council, any of its committees or members (including the
staffs of such members), or by the Mayor or his or her office.
(4)
Preparation or compilation of any radius map, vicinity map, plot plan, site plan, property owners or tenants list, abutting property owners
list, photographs of property, proof of ownership or copy of lease, or neighbor signatures required to be submitted to the City Planning Department.
“Person” means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in
concert.
“Solicit” means to ask, personally or through an agent, that another person make a contribution to an elective City officer or candidate for City office, or
to his or her controlled committee, including allowing one's signature to be used on a written request for funds. For purposes of this article, a lobbying
entity solicits a contribution only when the lobbying entity does so (i) at the behest of the elective City officer or candidate for elective City office, or his or
her campaign treasurer, campaign manager, or member of his or her fundraising committee, or (ii) if the lobbying entity has informed the candidate or officer
that the person is soliciting the contributions. A person does not solicit, however, by making a request for funds publicly to at least a majority of persons
who attend any public gathering, or by making a request that appears published in a newspaper, on radio or television. (Added by Ord. No. 175,432, Eff.
9/28/03, Oper. 1/1/04.)
The following persons are exempt from the requirements of this article:
A.
Any public official acting in his or her official capacity, and any government employee acting within the scope of his or her employment.
B.
A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is
employed by such newspaper, periodical or station or network, when, in the ordinary course of its business, it publishes or broadcasts news, editorials or
other comments, or paid advertising, which directly or indirectly attempts to influence action on municipal legislation. This exemption does not apply to any
other action by any such newspaper, periodical, station or network, or by any such person, to attempt to influence municipal legislation, if such activity is
otherwise regulated by this article.
C.
A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses.
D.
Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral
interview for a request for proposals or qualifications, or negotiating the terms of a written agreement with any City agency if selected pursuant to that bid or
request for proposals or qualifications. Except with regard to persons covered by Subsections E and F, this exemption shall not apply to any person who
attempts to influence the action of the Mayor or Mayor’s staff, any member of the City Council or their staffs, or any board or commission member with
regard to any such contract.
E.
Any organization exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, which receives funding from any
federal, state or local government agency for the purpose of representing the interests of indigent persons and whose primary purpose is to provide direct
services to those persons, if the individual or individuals represented by the organization before any City agency provide no payment to the organization for
that representation. This exemption shall not apply to direct contacts with a City official in other than a publicly noticed meeting, for the purpose of
attempting to influence a City decision with regard to any City funding which the organization is seeking.
F.
Any person employed by an organization described in Subsection E with respect to his or her activities as an employee of the organization.
No lobbyist or lobbying firm subject to the requirements of this article shall:
A.
Do any act with the purpose and intent of placing any City official under personal obligation to the lobbyist, the lobbying firm, or to the
lobbyist’s or firm’s employer or client.
B.
Fraudulently deceive or attempt to deceive any City official with regard to any material fact pertinent to any pending or proposed municipal
legislation.
C.
defeat.
Cause or influence the introduction of any municipal legislation for the purpose of thereafter being employed or retained to secure its passage or
D.
Cause any communication to be sent to any City official in the name of any non-existent person or in the name of any existing person without
the consent of such person.
E.
Make or arrange for any payment to a City official, or act as an agent or intermediary in making any such payment by any other person, if the
arrangement or the payment would violate any provision of the City’s Governmental Ethics Ordinance (Los Angeles Municipal Code Section 49.5.1, et seq.).
SEC. 48.05. RECORD-KEEPING RESPONSIBILITIES.
A.
Lobbying entities and major filers shall prepare and retain detailed records (including all books, papers and other documents) needed to comply with the
requirements of this article. Treasurers and fundraisers for elective City officeholders and City candidates, or for any elective City officer’s or City candidate’s
controlled committees shall prepare and retain detailed contribution activity records for any contributions received as a result of fundraising activity engaged in by a
lobbyist, lobbying firm or lobbyist employer, as defined by this article. These records shall be retained for not less than four years.
B.
If a lobbying entity engages in fundraising activities as defined in Section 48.02 of this Code at the behest of a candidate or officeholder running for
elective City office, the lobbying entity shall maintain records detailing any contributions that they know or have reason to know resulted from the fundraising
activities.
C.
If an officeholder or a candidate running for elective City office contracts with a lobbying entity to engage in fundraising activity as described in
Section 48.02 of this Code, the committee treasurer and fundraiser shall maintain records detailing any contributions that they know or have reason to know resulted
from the fundraising activities. The treasurer and fundraiser shall make the records available to the lobbying entity upon request of the lobbying entity.
D.
If a lobbying entity delivers or sends written communications to a certified neighborhood council in an attempt to influence municipal legislation as
described in Section 48.08.8 of this Article, the lobbying entity shall prepare and maintain detailed records of these written communications for not less than four
years. (Added by Ord. No. 176,034, Eff. 7/26/04.)
SEC. 48.06. FILING METHODS.
A.
All registrations, reports, and other filings required by this Article must be submitted under penalty of perjury by the person who is required to file and
must be filed in a format prescribed by the Ethics Commission. The Ethics Commission must provide public access to all filings.
B.
Lobbying entities and persons who qualify as lobbying entities must file registrations, quarterly reports, terminations and amendments to those filings
electronically.
C.
If an electronic filing is required, the Ethics Commission must provide a unique identifier to the person who is required to file, to be used in place of a
physical signature for submitting and verifying data under penalty of perjury. All electronic filings are presumed to be filed under penalty of perjury by the person
required to file.
D.
If a paper filing is required, it must contain the physical signature of the person who is required to file. A document is considered filed on the earlier of
the date of receipt by the Ethics Commission or the date of the postmark if it is mailed and bears the correct address and postage.
SEC. 48.06.1. ONLINE FILING OF LOBBYING REGISTRATION AND DISCLOSURE STATEMENTS.
SEC. 48.07. REGISTRATION.
A.
Requirement. An individual who qualifies as a lobbyist shall register with the City Ethics Commission within 10 days after the end of the calendar
month in which the individual qualifies as a lobbyist. A person, including an individual lobbyist, shall register with the City Ethics Commission as a lobbying firm
within 10 days after the end of the calendar month in which a partner, owner, shareholder, officer or employee qualifies as a lobbyist. If a person is not registered as
a lobbyist or lobbying firm, but is performing acts which would require that person to so register, that person may continue to act as a lobbyist or lobbying firm so
long as the person registers with the City Ethics Commission within 10 days after the person knew or should have known of the obligation to register. A lobbyist or
lobbying firm shall register each client on whose behalf or from which the lobbyist or lobbying firm receives or becomes entitled to receive $250 or more in a
calendar quarter for engaging in lobbying activities related to attempting to influence municipal legislation.
B.
Duration of Status. A person who registers as a lobbyist or lobbying firm shall retain that status through December 31 of that year unless and until
that person terminates the status as set forth below.
C.
Registration Fees. Every lobbyist shall pay an annual registration fee of $450 plus $75 for each client on whose behalf or from which the lobbyist
receives or becomes entitled to receive $250 or more in a calendar quarter. Persons who initially register during the last quarter of a calendar year (October through
December) shall pay prorated registration fees of $337 for each lobbyist plus $56 for each client. (Amended by Ord. No. 175,028, Eff. 2/5/03.)
D.
Contents of Registration Statements - Lobbyists. Registration statements of lobbyists shall contain the following:
1.
The lobbyist's name, business address, business email, and business telephone number. (Amended by Ord. No. 182,360, Eff. 1/30/13.)
2.
The lobbying firm, if any, of which the lobbyist is an employee, partner, officer or owner.
3.
If the lobbyist is not an employee, partner, officer or owner of a lobbying firm, the name, address and telephone number of the lobbyist's
employer. (Amended by Ord. No. 182,360, Eff. 1/30/13.)
4.
Each City agency that the lobbyist has the authority to attempt to influence on behalf of any client or employer.
5.
A statement that the lobbyist has reviewed and understands the requirements of this article.
6.
Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this article.
E.
Contents of Registration Statements - Lobbying Firms. Registration statements of lobbying firms (including individual contract lobbyists) shall
contain the following:
1.
The name, address, email, and telephone number of the firm. (Amended by Ord. No. 182,360, Eff. 1/30/13.)
2.
The name of each lobbyist who is a partner, owner, shareholder, officer or employee of the firm.
3.
For each client on whose behalf or from which the firm received or became entitled to receive $250 in compensation during the calendar quarter
for engaging in lobbying activities related to attempting to influence municipal legislation within the meaning of this Article: (Renumbered and Amended
by Ord. No. 182,360, Eff. 1/30/13.)
(a)
The client's name, business or residence address, and business or residence telephone number.
(b)
The period during which the representation will occur.
(c)
The item or items of municipal legislation for which the firm was retained to represent the client, or, if no specific items of municipal
legislation for which the firm was retained to represent the client can be identified, a description of the types of municipal legislation for which the
firm was retained to represent the client.
(d)
Each City agency that the lobbying firm has the authority to attempt to influence on behalf of the client.
(e)
In the case of a lobbyist who is an individual contract lobbyist, a statement that he or she has reviewed and understands the
requirements of this Article.
(f)
The name, address, email, and telephone number of the person responsible for preparing the statement.
(g)
Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this Article.
F.
Amendments to Registrations. Lobbyists and lobbying firms shall file amendments to their registration statements within 10 days of any change in
information required to be set forth on the registration statement. (Renumbered and Former Subsection F. deleted by Ord. No. 182,360, Eff. 1/30/13.)
G.
Termination. Any person registered under this Article shall file a termination statement with the City Ethics Commission within 20 days after ceasing
all activity governed by this Article. (Renumbered and Amended by Ord. No. 182,360, Eff. 1/30/13.)
H.
Education Requirement. Every individual who is required to register as a lobbyist shall attend a City lobbying information session conducted by the
City Ethics Commission no less than once every two calendar years, according to the following schedule: (Renumbered by Ord. No. 182,360, Eff. 1/30/13.)
(1)
An individual who has not registered as a lobbyist in the immediately preceding two calendar years shall attend a City lobbying information
session within six months of his or her registration date as a lobbyist.
(2)
A registered lobbyist who did not attend a City lobbying information session during the previous calendar year shall attend a City lobbying
session by the end of the current calendar year.
(3)
A registered lobbyist who attends a City lobbying information session during the current calendar year is not required to attend a City lobbying
information session during the following calendar year.
SEC. 48.08. DISCLOSURE REPORTS.
(Title Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
A.
Reporting Requirement. Every lobbyist, lobbying firm, lobbyist employer and major filer shall file the quarterly disclosure reports required by this
Section on or before the last day of the month following each calendar quarter. (Amended by Ord. No. 182,360, Eff. 1/30/13.)
1.
All lobbyists and lobbying firms shall file quarterly reports for every calendar quarter during which they retain that status. An individual who
qualifies both as a lobbyist and lobbying firm shall file only a lobbying firm quarterly report. Lobbyist employers shall file quarterly reports for every
calendar quarter during which any individual employed by that employer retains the status as lobbyist. Information required to be disclosed concerning
compensation received or expenditures made for lobbying shall be disclosed either by the lobbyist or by his or her lobbying firm or employer.
2.
Major filers shall file quarterly reports for every calendar quarter during which they made qualifying payments or incurred qualifying
expenditures totaling $5,000 or more.
3.
Quarterly reports shall disclose all required information for the calendar quarter immediately prior to the month in which the report is required to
be filed. (Amended by Ord. No. 182,360, Eff. 1/30/13.)
B.
Quarterly Reports by Lobbyists - Contents. Quarterly reports by lobbyists shall contain the following information:
1.
The lobbyist’s name, business address and business telephone number.
2.
The lobbying firm, if any, of which the lobbyist is a partner, owner, shareholder, officer or employee.
3.
If the lobbyist is not a partner, officer or owner of a lobbying firm, the name, address and telephone number of the lobbyist’s employer.
4.
The date, amount and description of each activity expense of $25 or more made by the lobbyist during the reporting period, the name and title of
the City official benefiting from the expense, the name and address of the payee, and the client, if any, on whose behalf the expense was made. An activity
expense shall be considered to be made on behalf of a client if the client requested or authorized the expense or if the expense was made in connection with
an event at which the lobbyist attempted to influence the official on behalf of the client.
5.
The total amount of activity expenses made by the lobbyist during the reporting period, whether or not itemized.
6.
The name of any elective City officer, candidate for elective City office, or any controlled committee of the officer or candidate to which the
lobbyist made contributions of $100 or more, or which were delivered by the lobbyist, or in connection with which the lobbyist acted as an intermediary
during the reporting period, and the date and amount of the contribution. (Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
7.
The name of any elective City officer, candidate for elective City office, or any City controlled committee of the officer or candidate for which
the lobbyist engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbyist knows or has
reason to know were raised as a result of the activity. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
8.
The date and amount of one or more contributions aggregating more than $1,000 made by the lobbyist at the behest of an elective City officer or
candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or candidate for elective
City office, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of
the behest. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
9.
The date, amount and description of one or more donations aggregating $1,000 or more made by the lobbyist at the behest of an elective City
officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit organization, the name and address of
the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. (Added by Ord. No.
175,432, Eff. 9/28/03, Oper. 1/1/04.)
10.
If, during the quarterly reporting period, the lobbyist provided compensated services, including consulting services, to the campaign of any
candidate for elective City office, or to a campaign for or against any City ballot measure, the name of the candidate, the elective City office sought by the
candidate, the ballot number or letter of the ballot measure, the date of the election, the amount of compensation earned for the compensated services, and a
description of the nature of the services provided. Such information shall be reported if the lobbyist personally provided the services, or if the services were
provided by a business entity in which the lobbyist owns at least a 10% investment, whether the compensation was provided directly to the lobbyist or to
such business entity. (Former Subdivision B.7. redesignated by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
11.
If, during the quarterly reporting period, the lobbyist provided compensated services under contract with the City or with any City agency,
including consulting services, the amount of compensation received, the agency for which the services were provided, a description or other identification of
the contract and the nature of the services provided. Such information shall be reported if the lobbyist personally provided the services, or if the services
were provided by a business entity in which the lobbyist owns at least a 10% investment, whether the compensation was provided directly to the lobbyist or
to such business entity. (Former Subdivision B.8. redesignated by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
12.
1/1/04.)
Each City agency that the lobbyist attempted to influence. (Former Subdivision B.9. redesignated by Ord. No. 175,432, Eff. 9/28/03, Oper.
13.
Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provisions of this article. (Former Subdivision B.10. redesignated by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
C.
Quarterly Reports by Lobbying Firms - Contents. Quarterly reports by lobbying firms, including individual contract lobbyists, shall contain the
following information: (Amended by Ord. No. 182,360, Eff. 1/30/13.)
1.
The name, address, email, and telephone number of the firm.
2.
The name of each lobbyist who is a partner, owner, shareholder, officer or employee of the firm.
3.
The name, address and telephone number of each client that is required to be registered and was represented by the firm during the reporting
period; a description of each item of municipal legislation for which the firm or its lobbyists represented the client during the reporting period; the total
amount of payments received by the firm from each client (including all fees, reimbursements for expenses and other payments) during the reporting period
for such representation.
4.
The total payments received from clients required to be registered by the firm during the reporting period in connection with the firm’s
representation of clients on municipal legislation.
5.
The date, amount and description of each activity expense of $25 or more made by the lobbying firm during the reporting period, the name and
title of the City official benefiting from the expense, the name and address of the payee, and the client, if any, on whose behalf the expense was made. An
activity expense shall be considered to be made on behalf of a client if the client requested or authorized the expense or if the expense was made in
connection with an event at which the lobbying firm attempted to influence the official on behalf of the client.
6.
The total amount of activity expenses made by the lobbying firm during the reporting period, whether or not itemized.
7.
The total amount of expenses incurred in connection with attempts by the firm to influence municipal legislation. These expenses shall include:
(a)
total payments to lobbyists employed by the firm;
(b)
total payments to employees of the firm, other than lobbyists, who engaged in attempts to influence municipal legislation during the
reporting period; and
(c)
all expenses attributable to attempts to influence municipal legislation, other than overhead, and other expenses that would not be
incurred but for the attempts to influence. Each such expense of $5,000 or more shall be itemized and described.
8.
lobbying firm made contributions of $100 or more, or which were delivered by the lobbying firm, or in connection with which the lobbying firm acted as an
intermediary during the reporting period, and the date and amount of the contribution. (Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
9.
the lobbying firm engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbying firm knows
or has reason to know were raised as a result of the activity. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
10.
The date and amount of one or more contributions aggregating more than $1,000 made by the lobbying firm at the behest of an elective City
officer or candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or candidate for
elective City office, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and
the date of the behest. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
11.
The date, amount and description of one or more donations aggregating $1,000 or more made by the lobbying firm at the behest of an elective
City officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit organization, the name and address
of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. (Added by Ord. No.
175,432, Eff. 9/28/03, Oper. 1/1/04.)
12.
If, during the quarterly reporting period, the lobbying firm provided compensated services, including consulting services, to the campaign of
any candidate for elective City office, or to a campaign for or against any City ballot measure, the name of the candidate, the elective City office sought by
the candidate, the ballot number or letter of the ballot measure, the date of the election, the amount of compensation earned for the compensated services and
a description of the services provided.
13.
If, during the quarterly reporting period, the lobbying firm provided compensated services under contract with the City or with any agency,
including consulting services, the amount of compensation received, the agency for which the services were provided, a description or other identification of
the contract and the nature of the services provided. For an individual contract lobbyist who qualifies as a lobbying firm, such information shall be reported
if the lobbyist personally provided the services, or if the services were provided by a business entity in which the lobbyist owns at least a 10% investment,
regardless of whether the compensation was provided directly to the lobbyist or to such business entity.
14.
For an individual contract lobbyist who qualifies as a lobbying firm, each City agency that the lobbyist attempted to influence.
15.
The name, address, email, and telephone number of the person responsible for preparing the report.
16.
D.
Quarterly Reports by Lobbyist Employers - Contents. Quarterly reports by lobbyist employers shall contain the following information. (Amended
by Ord. No. 182,360, Eff. 1/30/13.)
1.
The name, address, email, and telephone number of the entity filing the report.
2.
The name of each lobbyist who is employed by the entity.
3.
Total payments during the reporting period to lobbyists employed by the entity. Such payments shall include solely payments for compensation
and reimbursement of expenses relating to the lobbyists’ attempts to influence municipal legislation.
4.
Total payments to employees of the entity, other than lobbyists, who engaged in attempts to influence municipal legislation during the reporting
period. Such payments shall include payments for compensation and reimbursement of expenses relating to such persons’ attempts to influence municipal
legislation.
5.
Total payments for expenses incurred in connection with attempts by the entity during the reporting period to influence municipal legislation. These expenses shall include all expenses attributable to attempts to influence municipal legislation, other than overhead, and other expenses that would not
be incurred but for the attempts to influence. Each such expense of $5,000 or more shall be itemized and described.
6.
A description of each item of municipal legislation which the entity attempted to influence during the reporting period.
7.
The date, amount and description of each activity expense of $25 or more made by the lobbyist employer during the reporting period, the name
and title of the City official benefiting from the expense, and the name and address of the payee.
8.
The total amount of activity expenses made by the lobbyist employer during the reporting period, whether or not itemized.
9.
lobbyist employer made contributions of $100 or more, or which were delivered by the lobbyist employer, or in connection with which the lobbyist
employer acted as an intermediary during the reporting period, and the date and amount of the contribution. (Amended by Ord. No. 175,432, Eff. 9/28/03,
Oper. 1/1/04.)
10.
the lobbyist employer engaged in any fundraising activity during the reporting period, the date(s) of the activity and the amount of funds the lobbyist
employer knows or has reason to know were raised as a result of the activity. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
11.
The date and amount of one or more contributions aggregating more than $1,000 made by the lobbyist employer at the behest of an elective
City officer or candidate for elective City office during the reporting period to any and all controlled committees of any other elective City officer or
candidate for elective City office, the name and address of the payee, the name of the elective City officer or candidate for elective City office who made the
behest and the date of the behest. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
12.
The date, amount and description of one or more donations aggregating $1,000 or more made by the lobbyist employer at the behest of an
elective City officer or candidate for elective City office during the reporting period to any religious, charitable or other nonprofit organization, the name and
address of the payee, the name of the elective City officer or candidate for elective City office who made the behest and the date of the behest. (Added by
Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
E.
13.
The name, address, email, and telephone number of the person responsible for preparing the report.
14.
Quarterly Reports by Major Filers - Contents. Quarterly reports by major filers shall contain the following information:
1.
The name, address and telephone number of the person filing the report.
2.
A description of each item of municipal legislation which the entity attempted to influence during the reporting period.
3.
The total payments made during the reporting period for the purpose of attempting to influence action on each proposed or pending matter of
municipal legislation.
4.
The name, address and telephone number of the person responsible for preparing the report.
5.
Any other information required by regulation of the City Ethics Commission, consistent with the purposes and provision of this article.
SEC. 48.08.5. COPIES OF SOLICITATIONS.
Each lobbying entity that produces, pays for, mails or distributes more than 50 substantially similar copies of a written political fundraising solicitation for any
controlled committee of an elective City officer or candidate relating to seeking or holding City elective office or supporting or opposing a City ballot measure shall
send a copy of the solicitation to the City Ethics Commission for public access, at the time the solicitation is sent or otherwise distributed, and shall report on its
next quarterly report the date(s) on which it is mailed or distributed and a general description of the content of the solicitation, the number of pieces mailed or
distributed, and name of the elective City officer, or candidate or City ballot measure committee for which the funds were solicited.
SEC. 48.08.6. LOBBYING DISCLOSURE – POLITICAL CONTRIBUTIONS.
A.
Each lobbying entity, which makes one or more contributions to an elective City officer and/or to any or all of his or her controlled committees, shall
file a notice with the City Ethics Commission each time the making of a contribution results in the lobbying entity having made contributions aggregating more than
$7,000 to the officer and/or his or her controlled committees within the past 12 months. The notice shall be filed on a form prescribed by the Commission within
one business day after making a contribution that triggers the filing requirement. The notice shall contain the following information:
1.
The name, address and telephone number of the filer, the name of the elective City officer, and/or any or all of his or her controlled committees,
to which the lobbying entity made contributions aggregating more than $7,000 during the past twelve months, and the date and amount of each contribution.
2.
For purposes of this section, a “controlled committee” does not include any committee controlled by an elective City officer that is (a) formed to
support or oppose a ballot measure or (b) formed to support the election of that officer to other than elective City office.
B.
The original notice shall be filed with the City Ethics Commission, and copies shall be filed with the City Clerk and the elective City officer involved. Each notice may only include information relative to one elective officer.
C.
The form shall be considered filed on the date of the postmark or on the date of delivery to the City Ethics Commission, whichever is earlier.
D.
The form shall be verified under penalty of perjury by the individual filing it or by an officer of the entity authorized to file it.
E.
The City Ethics Commission shall post the information in the notice on its website within one business day of its receipt of the notice. The City Clerk
shall make the notice available for inspection within one business day of its receipt.
SEC. 48.08.7. LOBBYING DISCLOSURE – FUNDRAISING ACTIVITY.
A.
Every lobbying entity who within any 12 month period (i) engaged in fundraising activities on behalf of an elective City officer and/or any and all of
his or her controlled committees, and which knows or has reason to know that the fundraising activities resulted in contributions, and/or (ii) delivered or acted as an
intermediary for one or more contributions to the elective City officer and/or any and all of his or her controlled committees, shall file a notice with the City Ethics
Commission any time the activities identified in (i) and/or (ii) aggregate more than $15,000 in the case of a member of the City Council, or more than $35,000 in
the case of the Mayor, City Attorney, or Controller. The notice shall be filed on a form prescribed by the City Ethics Commission within one business day after any
of these thresholds is exceeded. The notice shall contain the following information:
1.
The name, address and telephone number of the filer, the name of the elective City officer, and/or any or all of his or her controlled committees,
on whose behalf the lobbying entity engaged in fundraising activities, or delivered or acted as intermediary for one or more contributions to the elective City
officer and/or any and all of his or her controlled committees, the date of the fundraising activity, and the amount of contributions raised, delivered or in
connection with which the lobbying entity acted as an intermediary.
2.
For purposes of this section, a “controlled committee” does not include any committee controlled by an elective City officer that is (a) formed to
support or oppose a ballot measure or (b) formed to support the election of that officer to other than elective City office.
3.
For purposes of this notification, if a fundraising event is sponsored or hosted by more than one person, the amount of contributions received at
or as a result of the event shall be attributed to each lobbying entity who hosted or sponsored the event according to the amount of the contributions that
resulted from that lobbying entity’s fundraising activities. If a contribution results from the fundraising of more than one person and/or lobbying entity, that
contribution shall be apportioned equally to each of the persons and/or lobbying entity that engaged in the fundraising activity. B.
The original notice shall be filed with the City Ethics Commission, and copies shall be filed with the City Clerk and the elective City officer involved. Each notice may only include information relative to one elective officer.
C.
The form shall be considered filed on the date of the postmark or on the date of delivery to the City Ethics Commission, whichever is earlier.
D.
The form shall be verified under penalty of perjury by the individual filing it or by an officer of the entity authorized to file it.
E.
The City Ethics Commission shall post the information in the notice on its website within one business day of its receipt of the notice. The City Clerk
shall make the notice available for inspection within one business day of its receipt.
SEC. 48.08.8. LOBBYING DISCLOSURE – WRITTEN COMMUNICATIONS TO NEIGHBORHOOD COUNCILS.
(a)
No lobbying entity registered with the City of Los Angeles shall deliver or send to a certified neighborhood council a written communication on behalf
of a client, including, but not limited to, letters, faxes, electronic messages, and flyers, without a disclosure indicating that the communication was delivered or sent
by that lobbying entity. (b)
For purposes of subsection (a), the required disclosure shall be printed clearly and legibly in no less than 8-point type in a color or print that contrasts
with the background so as to be legible and shall be presented in a clear and conspicuous manner in the written communication. The disclosure shall include all of
the following information applicable to the written communication:
(1)
The name of the lobbyist(s) that prepares, delivers or sends the written communication;
(2)
The name of the registered lobbying firm(s) or lobbyist employer(s) who employs the lobbyist(s) that prepares, delivers or sends the written
communication; and, (3)
The name of the client or clients on whose behalf the lobbying entity prepares, delivers, or sends the written communication in an attempt to
influence municipal legislation.
SEC. 48.09. COMPLIANCE MEASURES AND ENFORCEMENT.
A.
Audits. The City Ethics Commission shall have the authority to conduct audits of reports and statements filed pursuant to this article. Such audits may
be conducted on a random basis or when the City Ethics Commission staff has reason to believe that a report or statement may be inaccurate or has not been filed.
B.
Criminal Penalties.
1.
Any person who knowingly or willfully violates any provision of this article is guilty of a misdemeanor. Any person who knowingly or willfully
causes any other person to violate any provision of this article, or who knowingly or willfully aids and abets any other person in the violation of any
provision of this article, is guilty of a misdemeanor.
2.
Prosecution for violation of any provision of this article must be commenced within one year after the date on which the violation occurred.
3.
No person convicted of a violation of this article may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation
for one year after such conviction.
C.
Civil Enforcement.
1.
Any person who knowingly violates any provision of Section 48.04 shall be liable in a civil action brought by the City Attorney. Any person
who intentionally or negligently violates any other provisions of this article shall be liable in a civil action brought by the City Attorney. Failure to properly
report any receipt or expenditure may result in civil penalties not to exceed the amount not properly reported, or $2,000, whichever is greater. Any other
violation may result in civil penalties no greater than $2,000. If the court determines that a violation was intentional, the court may order that the defendant
be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one year.
2.
In determining the amount of liability pursuant to this subsection, the court shall take into account the seriousness of the violation and the degree
of culpability of the defendant.
3.
If two or more persons are responsible for any violation, they shall be jointly and severally liable.
4.
No civil action alleging a violation of this article shall be filed more than four years after the date the violation occurred.
D.
Injunction. The City Attorney on behalf of the people of the City of Los Angeles may seek injunctive relief to enjoin violations of or to compel
compliance with the provisions of this article.
E.
Administrative Penalties. The City Ethics Commission may impose penalties and issue orders for violation of this article pursuant to its authority
under Charter Section 706(c). (Charter Section No. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
F.
Late Filing Penalties. In addition to any other penalty or remedy available, if any person fails to file any report or statement required by this article,
after any deadline imposed by this article, such person shall be liable to the City Ethics Commission in the amount of twenty-five dollars ($25) per day after the
deadline until the statement or report is filed, up to a maximum amount of $500. Liability need not be enforced by the Commission if its Executive Officer
determines that the late filing was not willful and that enforcement of the penalty would not further the purposes of this article. No liability shall be waived if a
statement or report is not filed within 10 days after the Commission has sent specific written notice to the filer of the filing requirement.
G.
Restriction on Person Who Violates Certain Laws. (Added by Ord. No. 171,142, Eff. 8/3/96.)
1.
No person shall act or continue to act as a registered lobbyist or lobbying firm if, within the prior four years, that person has been found by the
City Ethics Commission, in a proceeding pursuant to Charter Section 706, to have violated Charter Section 470(k) on any occasion. That determination shall
be based either on a finding of the City Ethics Commission made after an administrative hearing or on a stipulation by the lobbyist or lobbying firm entered
into with the City Ethics Commission within the previous four years. (Charter Section Nos. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
2.
If the City Ethics Commission makes a finding that the person has either (1) accepted responsibility for the violation in the form of having
entered into a stipulation with the City Ethics Commission in which the party admits the violation, or otherwise exhibits evidence of having accepted such
responsibility, or (2) mitigated the wrongdoing by taking prompt remedial or corrective action, then the City Ethics Commission may reduce the time period
during which the above prohibition would apply to a period of not less than one year.
H.
Contract Bidder Certification of Compliance With Lobbying Laws. (Amended by Ord. No. 179,934, Eff. 7/21/08.)
1.
Any bidder for a contract, as those terms are defined in Los Angeles Administrative Code Section 10.40.1, shall submit with its bid a
certification, on a form prescribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and
prohibitions established in the Los Angeles Municipal Lobbying Ordinance if the bidder qualifies as a lobbying entity under Section 48.02 of this article. The exemptions contained in Section 48.03 of this article and Los Angeles Administrative Code Section 10.40.4 do not apply to this subsection.
2.
Each agency shall include the Municipal Lobbying Ordinance in each invitation for bids, request for proposals, request for qualifications, or other
solicitation related to entering into a contract with the City. The ordinance must be provided in at least 10-point font and may be provided on paper, in an
electronic format, or through a link to an online version of the ordinance. The ordinance is not required to be printed in a newspaper notice of the
solicitation.
3.
This subsection does not apply to the renewal, extension, or amendment of an existing contract, as long as the solicitation for the original contract
met the requirements in Paragraphs 1. and 2. above and the renewal, extension, or amendment does not involve a new solicitation.
4.
For purposes of this subsection, “agency” does not include a state agency operating solely within the City such as the Community
Redevelopment Agency or Los Angeles City Housing Authority.
SEC. 48.10. ETHICS COMMISSION REPORTS.
As soon as practicable after the close of each quarterly reporting period, the City Ethics Commission shall prepare a report to the Mayor and City Council of
lobbying activity which occurred during the reporting period. Such report shall be in a form which, in the opinion of the Commission, best describes the activities,
receipts and expenditures of persons subject to the requirements of this article.
If any provision of this article, or its application to any person or circumstance, is held invalid by any court, the remainder of this article and its application to
other persons and circumstances, other than that which has been held invalid, shall not be affected by such invalidity, and to that extent the provisions of this article
are declared to be severable.
ARTICLE 9
STATEMENTS OF CITY RELATED BUSINESS
ARTICLE 9.5
MUNICIPAL ETHICS AND CONFLICTS OF INTEREST
(Repealed and New Article 9.5 added by Ord. No. 165,618, Eff. 4/21/90, Oper. 1/1/91.)
Section
49.5.1
49.5.2
49.5.3
49.5.4
49.5.5
Title, Findings and Purposes.
Definitions.
Confidential Information.
Protection of Employees Against Retaliation for Reporting Fraud, Waste or Misuse of Office.
Misuse of City Position or Resource.
49.5.6
49.5.7
49.5.8
49.5.9
49.5.10
49.5.11
49.5.12
49.5.13
49.5.14
49.5.17
49.5.18
49.5.19
49.5.20
49.5.21
49.5.22
49.5.23
49.5.24
Disclosure Regarding Economic Interests and Other Outside Interests.
Disclosure by Nominees.
Divestiture of Assets.
Restrictions on Honoraria and Outside Earned Income.
Restrictions on Gifts and Travel Expenses.
Lobbying Activities of Current and Former City Officials.
Future Employment of City Officials.
Participation of Elective City Officers and Employees in Governmental Decisions.
Application of Requirements.
Commissioner Participation in Contracting Process.
Ethics Training.
Enforcement.
Late Filing Penalties.
Effect of Campaign Money Laundering Violation on Contracts and Fee Waivers.
Authority of Enact.
Applicability of Other Laws.
Severability.
SEC. 49.5.1. TITLE, FINDINGS AND PURPOSES.
A.
Title. This article shall be known as the City of Los Angeles Governmental Ethics Ordinance.
B.
Findings. The following findings are adopted in conjunction with the enactment of this article:
1.
As one of the great international cities of the world, Los Angeles will continue to confront great and complex opportunities and problems of both
local and global significance.
2.
One of the best ways to attract talented people to public service is to assure that the government is respected for its honesty and integrity; that its
decisions are made on the merits, untainted by any consideration of private gain; and that the rules governing their conduct during and after leaving
government service are as clear and complete as possible.
3.
C.
A governmental ethics ordinance that is as clear, tough, fair, comprehensive and effective as any in the nation is therefore needed.
Purposes. This article is adopted to accomplish the following purposes.
1.
To assure that individuals and interest groups in our society have a fair and equal opportunity to participate in the governmental process.
2.
To assure that the governmental process itself promotes fairness and equity for all residents of the City regardless of race, color, creed, religion,
national origin, age, sex, marital status, sexual orientation or disability.
3.
To require elected City officers and key City officials to disclose all investments, interests in real property and income in order to prevent
conflicts of interest.
4.
To prevent elected City officers and key City officials from receiving outside earned income that creates a potential conflict of interest.
5.
To prevent certain City officials from lobbying the City for at least one year after they leave City service.
6.
To increase understanding of the City Charter, ordinances and the roles of elected City officers and other public officials, City agencies and the
City election process.
7.
To help restore public trust in governmental and electoral institutions.
8.
To assure that this article is vigorously enforced.
The following terms used in this article shall have the meanings set forth below. Except as otherwise provided herein, the terms and provisions of this article
shall have the meanings and shall be interpreted in accordance with the applicable definitions and provisions of the Political Reform Act of 1974, as amended
(Government Code Section 81000, et seq.) and the regulations of the California Fair Political Practices Commission, as amended.
“Administrative action” means the proposal, drafting, development, consideration, amendment, enactment or defeat by any City agency of any matter,
including any rule, regulation or other action in any regulatory proceeding or any proceeding involving a contract, license, permit, franchise, or entitlement
for use, whether quasi-legislative or quasi-judicial. Administrative action does not include any action which is solely ministerial.
“Agency” means the City of Los Angeles or any department, bureau, office, board, commission, other agency of the City, or any other government
agency, required to adopt a conflict of interest code subject to City Council approval. With respect to employees of a Councilmember’s staff and employees
of the Chief Legislative Analyst’s office, “agency” means the City Council. (Amended by Ord. No. 167,949, Eff. 7/5/92.)
“Attempting to influence” means promoting, supporting, opposing or seeking to modify or delay any action on municipal legislation (as defined in
Section 48.02 of this Code) by any means, including but not limited to providing or using persuasion, information, statistics, analyses or studies. (Added by
Ord No. 172,891, Eff. 12/11/99.)
“City official” means any elective City officer, member, officer, employee, commissioner or consultant of any agency required to adopt a conflict of
interest code subject to City Council approval, and who is required to file statements of economic interests pursuant to the conflict of interest code of his or
her agency. (Amended by Ord. No. 167,949, Eff. 7/5/92.)
“Compensation” means the receipt of any monetary or non-monetary payment and includes, but is not limited to, salary, wages, fees, partnership or
other similar financial interest, or any other payment or reimbursement for the services or time of the person. (Added by Ord No. 172,891, Eff. 12/11/99.)
“Confidential information” means information to which all of the following apply:
(1)
At the time of the use or disclosure of the information, the information is not a public record subject to disclosure under the California
Public Records Act.
(2)
At the time of the use or disclosure of the information, the disclosure is prohibited by (i) a statute, regulation, or rule which applies to
the agency in which the officer or employee serves; or (ii) any limitation placed on outside employment pursuant to Section 49.5.11 of this Code.
(3)
The use of disclosure of the information will have, or could reasonably be expected to have, a material financial effect on any investment
or interest in real property which the officer or employee, or any person who provides pecuniary gain to the officer or employee in return for the
information, has at the time of the use or disclosure of the information or acquires within 90 days following the use or disclosure of the information.
"Contract" means without limitation any agreement, lease, right of entry, franchise, or concession, including but not limited to agreements for the
performance of any work or the rendition of any service or the provision of any materials, equipment or supplies to the City of Los Angeles or to the public,
which is let, awarded or entered into with, or on behalf of, the City of Los Angeles by the City Council, any board or commission, office or department and
shall include departments which have control of their own funds. (Added by Ord. No. 176,824, Eff. 8/27/05.)
“Co-owner” (Added by Ord. No. 167,949, Eff. 7/5/92.) means a person who resides in, does business in, plans to do business in or owns an interest
in real property located within the City of Los Angeles, and either:
(1)
possesses a 10 percent or greater ownership, security, or leasehold interest in real property in which a filer also possesses an interest, or
(2)
possesses a 10 percent or greater investment in a business entity in which a filer also owns an investment.
A “co-owner” does not include:
(1)
any member of the official’s immediate family or
(2)
any commercial lending institution which made a loan in the lender’s regular course of business on terms available to members of the
public without regard to official status.
“Dependent child” (Added by Ord. No. 167,949, Eff. 7/5/92.) means a child who is either:
(1)
unmarried, under the age of 21 and living in the same household as the filer or
(2)
otherwise listed as a dependent of the filer for federal income tax purposes.
“Direct Communication” means appearing as a witness before, talking to (either by telephone or in person), corresponding with (including sending
electronic mail to), or answering questions or inquiries from, any City official or employee, either personally or through an agent. (Added by Ord No.
172,891, Eff. 12/11/99.)
“Disclosable” means an investment, interest in real property, source of income, gift, loan, honorarium or travel expenses, or business position, which
the filer is required to disclose pursuant to Article 2 of Chapter 7 of the Political Reform Act of 1974, as amended, or pursuant to the conflict of interest code
of the filer’s agency. (Added by Ord. No. 167,949, Eff. 7/5/92.)
“Doing Business with the City” means entering into or performing pursuant to a contract with the City of Los Angeles, an agency of the City or
another local government agency required to adopt a conflict of interest code subject to City Council approval. Doing business with the City includes
entering into or performing contracts for goods, equipment, services or financial assistance but does not include the receipt of or payment for services
normally rendered by the City to residents and businesses such as sewer service, water and power, street maintenance and the like. (Amended by Ord. No.
168,056, Eff. 8/8/92.)
“Elective City officer” means any person who is a City Council Member, City Attorney, Controller or Mayor, whether appointed or elected.
“Foreign Gift” means a gift from an individual domiciled in a foreign country, a foreign government, or a business entity or other entity having its
principal place of business located in a foreign country, which gift is accepted by a City official either while that official is traveling abroad or from the
donor while that donor is visiting the United States. A foreign gift includes
(1)
an otherwise qualifying gift of food, beverages or customary business entertainment cumulatively valued at no more than $250 during
any calendar year accepted by an official during the course and scope of official business and
(2)
an otherwise qualifying gift which is accepted by the official on behalf of the City of Los Angeles and which gift is transmitted to and
becomes the property of the City. A foreign gift does not include a gift from any corporation organized under the laws of the United States, or under
the laws of any state or territory of the United States. (Added by Ord. No. 168,056, Eff. 8/8/92.)
“Gift” means, except as otherwise provided in this definition, any payment to the extent that consideration of equal or greater value is not received and
includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public
without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of
consideration has the burden of proving that the consideration received is of equal or greater value. The term “gift” does not include:
(1)
Informational material such as books, reports, pamphlets, calendars, periodicals, seminars, or informational conferences, exclusively for
official or office use and valued at less than $250 (except that such dollar limit does not apply to informational material received from a government
agency). No payment for travel or reimbursement of any expenses shall be deemed “informational material.” (Amended by Ord. No. 168,056,
Eff. 8/8/92.)
(2)
Gifts which are not used and which, within 30 days after receipt, are returned to the donor or delivered to a charitable organization
without being claimed as a charitable contribution for tax purposes.
(3)
Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,
partner in a bona fide dating relationship, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person; provided that a gift from any
such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph.
(4)
Campaign contributions required to be reported under Chapter 4 of the Political Reform Act of 1974, as amended.
(5)
Any devise or inheritance.
(6)
Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).
(7)
Gifts of food, beverages or occasional lodging provided in an individual’s home. (Added by Ord. No. 168,056, Eff. 8/8/92.)
(8)
Gifts valued at no more than $100 from an individual to a City official or to a member of the official’s immediate family in connection
with a non-recurring ceremonial occasion. (Added by Ord. No. 168,056, Eff. 8/8/92.)
“High Level Filer” means the Mayor, City Attorney, Controller, member of the City Council, member of the City Ethics Commission and Executive
Officer of the City Ethics Commission. (Added by Ord. No. 167,949, Eff. 7/5/92.)
“High Level Official” means the Mayor, the City Attorney, the Controller, the members of the City Council, the Chief of Staff to the Mayor, the
Assistant Chief of Staff to the Mayor, each Deputy Mayor, the Special Assistant to the Mayor for Legal Affairs, the Executive Assistant City Attorney, each
Chief Assistant City Attorney, each Senior Counsel, the Chief Deputy Controller, the Administrative Coordinator to the Controller, two members of the staff
of each City Council Office possessing the most decision-making responsibilities relative to governmental policy as designated by each member of the
Council, the members of the City Ethics Commission, the Executive Officer of the City Ethics Commission, the members of the City Planning Commission,
the Director of Planning, the members of the Board of Public Works, the Director of the Office of Administrative and Research Services, each Assistant
Director of the Office of Administrative and Research Services, the Chief Legislative Analyst, each Assistant Chief Legislative Analyst, the Treasurer, and
the City Clerk. In addition, “high level official” means any other member of the staff of an elected City officer possessing significant decision-making
responsibilities relative to governmental policy as may be designated in writing to the City Ethics Commission by the elected City officer. (Amended by
Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.)
“Honorarium” means a payment for speaking at any event, participating in a panel or seminar or engaging in any similar activity. An “honorarium”
does not include free admission, food, beverages and similar nominal benefits provided to an officer or employee of the City at an event at which he or she
speaks, participates in a panel or seminar or performed a similar service, nor does it include reimbursement or advances for actual intrastate travel or for
necessary accommodations provided directly in connection with the event.
“Legislative action” means the drafting, introduction, consideration, modification, enactment, or defeat of any ordinance, charter amendment,
resolution, amendment, report, nomination or other matter by the City Council or by any committee, subcommittee thereof, or by a member or employee of
the City Council acting in his or her official capacity. “Legislative action” also means the action of the Mayor in approving or vetoing any ordinance or
resolution.
“License, permit or other entitlement for use” means any business, professional, trade or land use license or permit, any other entitlement for use,
(including all entitlement for land use), any contract (other than labor, personal employment, or competitively bid contracts), and any franchise.
“Lobbying Firm” means any business entity, including an individual contract lobbyist, which meets either of the following criteria:
(a)
the business entity received or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses,
for the purpose of influencing legislative or administrative action on behalf of any other person; and any partner, owner, officer, or employee of the
business entity is a lobbyist; or
(b)
the business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses,
to communicate directly with any elective city officer, agency official, or legislative official for the purpose of influencing legislative or
administrative action on behalf of any other person.
“Lobbyist” means any individual who is required to register as a lobbyist or municipal legislative advocate pursuant to any City ordinance requiring
such registration.
“Lobbyist employer” means any person, other than a lobbying firm, who:
(a)
Employs one or more lobbyists for economic consideration, other than reimbursement for reasonable travel expenses, for the purpose of
influencing legislative or administrative action, or
(b)
Contracts for the services of a lobbying firm for economic consideration, other than reimbursement for reasonable travel expense, for the
purpose of influencing legislative or administrative action.
“Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license,
permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7
of the Political Reform Act of 1974, as amended. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person
the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
“Pecuniary Gain” means any monetary benefit to a person or to a member of the person’s immediate family.
“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee,
or any other organization or group of persons acting in concert.
“Proceeding involving a license, permit or other entitlement for use” includes any proceeding to grant, deny, revoke, restrict, or modify a license,
permit or other entitlement for use.
“Restricted source” (Amended by Ord. No. 168,056, Eff. 8/8/92.) means the following with regard to each of the following classes of City officials:
(1)
With regard to “high level filers” and “high level officials,” “restricted source” means:
(a)
a lobbyist, lobbying firm, or lobbyist employer;
(b)
a person doing or seeking to do business with the City;
(c)
a person who, during the reporting period, knowingly attempt to influence the official in any legislative or administrative action
which would have a direct material financial effect on such person; or
(d)
a person who is a party to a proceeding involving a license, permit or other entitlement for use while a proceeding involving
such matter is, or within the prior nine months was, pending before the official or before the City Council or a board, commission, committee,
or other similar body of which the official is a voting member, and for nine months following the date a final decision is rendered in the
proceeding.
(2)
means:
With regard to filers other than “high level filers” and with regard to officials other than “high level officials,” “restricted source”
(a)
a lobbyist, lobbying firm, or lobbyist employer, seeking to influence decisions of the filer’s agency;
(b)
a person doing or seeking to do business with the filer’s agency;
(c)
a person who, during the reporting period, knowingly attempted to influence the official in any legislative or administrative
action which would have a direct material financial effect on such person;
(d)
or a person who is a party to a proceeding involving a license, permit or other entitlement for use while a proceeding involving
such matter is, or within the prior nine months was, pending before the official or before a board, commission, committee or other similar
body of which the official is a voting member, and for nine months following the date a final decision is rendered in the proceeding.
(3)
With regard to all filers and all City officials, a “restricted source” does not include an individual (other than a lobbyist) who is
employed by a restricted source, provided that the gift or income is neither paid for by the employer nor provided at the direction of the employer.
SEC. 49.5.3. CONFIDENTIAL INFORMATION.
No current or former officer or employee of the City shall use or disclose to any other person for pecuniary gain or personal advantage or privilege, confidential
information acquired by him or her in the course of his or her official duties.
SEC. 49.5.4. PROTECTION OF EMPLOYEES AGAINST RETALIATION FOR REPORTING FRAUD, WASTE OR MISUSE OF OFFICE.
A.
No officer or employee of the City shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any other
person for the purpose of preventing such person from acting in good faith to report or otherwise bring to the attention of the City Ethics Commission or other
appropriate agency, office or department any information which, if true, would constitute: a work-related violation by a City officer or employee of any law or
regulation, gross waste of City funds, gross abuse of authority, a specified and substantial danger to public health or safety due to an act or omission of a City
official or employee, use of a City office or position or of City resources for personal gain, or a conflict of interest of a City officer or employee.
B.
No officer or employee of the City shall use or threaten to use any official authority or influence to effect any action as a reprisal against a City officer
or employee who reports or otherwise brings to the attention of the Commission or other appropriate agency, office or department any information regarding the
subjects described in Subsection A.
C.
Any person who believes that he or she has been subjected to any action prohibited by this section may file a confidential complaint with the City
Ethics Commission. The City Ethics Commission shall thereupon investigate the complaint. Upon the conclusion of its investigation, the Commission shall take
appropriate action as otherwise provided by law. (Amended by Ord. No. 168,708, Eff. 5/13/93.)
D.
In the event the Executive Officer of the City Ethics Commission determines the Commission has a conflict of interest in an investigation of a
retaliation complaint, City Ethics Commission staff shall refer the investigation of the retaliation complaint to the Equal Employment Opportunities Section of the
Human Resources and Benefits Division of the City Personnel Department. That agency shall report its findings to the City Attorney who shall take appropriate
action as otherwise provided by law. (Added by Ord. No. 168,708, Eff. 5/13/93.)
SEC. 49.5.5. MISUSE OF CITY POSITION OR RESOURCE.
(Title and Section Amended by Ord No. 172,891, Eff. 12/11/99.)
A.
No City official, employee of an agency, appointee awaiting confirmation by the Council, or candidate for elective City office shall use his or her
position or prospective position, or the power or authority of his or her office or position, in any manner intended to induce or coerce any person to provide, directly
or indirectly, anything of value which shall accrue to the private advantage, benefit, or economic gain of the City official or employee, or of any other person. As
used in this section, the term “private advantage, benefit, or economic gain” means any advantage, benefit or economic gain, distinct from that enjoyed by
members of the public without regard to official status or not resulting naturally from lawful and proper performance of duties. A City official or employee engages
in a prohibited use of his or her official position or prospective position when he or she engages in activities other than in the lawful and proper performance of the
person’s City duties.
B.
No City official or employee of an agency shall engage in campaign-related activities, such as fundraising, the development of electronic or written
materials, or research, for a campaign for any elective office or ballot measure:
1.
during the hours for which he or she is receiving pay to engage in City business; or
2.
using City facilities, equipment, supplies or other City resources.
C.
No City official or employee of an agency shall engage in outside employment during any hours he or she is receiving pay to engage in City business.
D.
No person shall induce or coerce, or attempt to induce or coerce any other person to engage in any activity prohibited by Subsections B or C.
E.
Nothing in this section shall prohibit the use of City resources to provide information to the public about the possible effects of any bond issue or other
ballot measure relating to City activities, operations or policies, provided that (i) the use of public resources is otherwise legally authorized, and (ii) the information
provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot
measure.
SEC. 49.5.6. DISCLOSURE REGARDING ECONOMIC INTERESTS AND OTHER OUTSIDE INTERESTS.
(Amended by Ord. No. 167,949, Eff. 7/5/92; Title Amended by Ord. No. 177,853, Eff. 10/7/06.)
A.
Persons Required to File. (Amended by Ord. No. 173,101, Eff. 3/27/00.)* The Mayor, City Attorney, Controller, members of the City Council, each
chief administrative officer of a City department or office, and each member of a board or commission who is a designated employee pursuant to the conflict of
interest Code of his or her agency shall file a statement of economic interests pursuant to the Political Reform Act of 1974, as amended, and shall additionally file a
financial disclosure statement pursuant to the provisions of this section. There shall be two classes of filers,
(1)
“high-level filers” and
(2)
“other filers”, who shall include all filers other than “high-level filers”.
B.
Disclosure Periods and Filing Deadlines. (Amended by Ord. No. 173,101, Eff. 3/27/00.)* On or before April 1 of each calendar year, all filers
referred to in Subsection A shall file a statement of economic interests and a financial disclosure statement pursuant to this section, covering a disclosure period of
January 1 through December 31 of the previous calendar year. On or before October 1 of each calendar year, all filers referred to in Subsection A shall either
certify that there have been no changes in their reportable financial interests during the period of January 1 through June 30 or shall file a semi-annual financial
disclosure statement disclosing any changes in their reportable financial interests which occurred during that period.
C.
Disclosure Requirement for High-Level Filers.
1.
In addition to statements of economic interests filed pursuant to the Political Reform Act of 1974, as amended, high-level filers shall file
financial disclosure statements disclosing the following financial interests:
(a)
Any investment, regardless of whether the business entity is located in; owns an interest in real property within; or does, within the prior
two years did, or plans to do business in the City of Los Angeles, and the name and address of any co-owner of the business entity.
(b)
Any interest in real property (other than a personal residence), regardless of whether the real property is located within the jurisdiction,
and the name and address of any co-owner of such real property.
(c)
Any income (including loans, honoraria, travel expenses, gifts, and the filer’s community property interest in income of a spouse)
regardless of whether the source of income resides in; owns an interest in real property located within; or does, within the prior two years did, or
plans to do business in the City of Los Angeles.
(d)
Separate property income (including loans, honoraria, travel expenses and gifts) of a filer’s spouse from a restricted source and income
of a dependent child from a restricted source.
(e)
(Repealed by Ord. No. 173,101, Eff. 3/27/00.)*
(e)
The name and address of each general partner of a partnership in which the filer has an investment valued at $2,000 or more, together
with the name of the partnership. (Amended by Ord. No. 173,870, Eff. 5/14/01.)
(f)
(Para. (g) Relettered (f) by Ord. No. 173,101, Eff. 3/27/00.)* For any investment required to be disclosed by this subsection or any
interest in real property (including both an interest required to be disclosed by this subsection and the filer’s personal residence) that was purchased
during the reporting period:
(i)
the name of the business entity, or the location of the real property by street address, city and state, provided, however, that the
address of the filer’s personal residence need not be disclosed;
(ii)
the purchase price of the investment or interest in real property (rounded to the nearest $1,000);
(iii)
the name and address of the seller.
The filer’s initial financial disclosure statement shall disclose any such transaction which occurred within one year prior to the filing of such
statement.
This Paragraph (f) shall not require any disclosure relating to a transaction which occurred on a regulated trading market or stock exchange in
connection with which the identities of the purchaser and seller are unknown to one another. (Para. Amended by Ord. No. 173,101, Eff. 3/27/00.)*
(g)
(Para. (h) Relettered (g) by Ord. No. 173,101, Eff. 3/27/00.)* For any investment required to be disclosed by this section or any
interest in real property (including both an interest required to be disclosed by this subsection and the filer’s personal residence) that was sold during
the reporting period:
(i)
the name and address of the business entity, or the location of the real property by street address, city and state, provided,
however, that the address of the filer’s personal residence need not be disclosed;
(ii)
the selling price of the investment or interest in real property (rounded to the nearest $1,000);
(iii)
the name and address of the purchaser.
This Paragraph (g) shall not require any disclosure relating to a transaction which occurred on a regulated trading market or stock exchange in
2.
Except as otherwise provided in this subsection, the information required to be disclosed with respect to each financial interest, and the manner
of disclosing that information, shall be the same as required by Article 2 of Chapter 7 of the Political Reform Act of 1974, as amended, or by the conflict of
interest code of the filer’s agency.
3.
The value of investments, interests in real property and income (including loans, honoraria, travel expenses, spousal income and income of a
dependent child) shall be disclosed in the following amounts:
(a)
(b)
4.
Investment and interests in real property:
(i)
between $2,000 and $9,999, the value rounded to the nearest thousand; (Amended by Ord. No. 173,870, Eff. 5/14/01.)
(ii)
Between $10,000 and $99,999, the value rounded to the nearest $10,000;
(iii)
Between $100,00 and $250,000, the value rounded to the nearest $25,000, and
(iv)
Over $250,000, the value rounded to the nearest $50,000.
Income (including loans, honoraria, travel expenses, spousal income and income of a dependent child):
(i)
between $500 and $1,000; (Amended by Ord. No. 173,870, Eff. 5/14/01.)
(ii)
Between $1,001 and $99,999, the value rounded to the nearest $1,000.
(iii)
At and above $100,000, the value rounded to the nearest $10,000.
The value of real property shall be disclosed pursuant to Subdivision 3 based on the County Assessor’s assessed valuation of the property.
5.
If an investment is listed on a securities exchange within the United States, the filer may, instead of disclosing the dollar value, disclose the
largest number of shares of stock owned, or the highest par value of bonds or debentures owned, during the reporting period.
6.
If the actual value of an asset is not known by the filer, a good faith estimate based on a reasonable inquiry shall satisfy the requirement of this
subsection. In no event shall a filer be required to retain the services of an appraiser in order to comply with this subsection.
D.
Disclosure Requirements For Other Filers.
1.
In addition to statements of economic interests filed pursuant to the Political Reform Act of 1974, as amended, other filers shall file financial
disclosure statements disclosing the following financial interests:
(a)
Any disclosable investment.
(b)
Any other investment, whether or not located within or doing business in the City of Los Angeles, and whether or not owning an interest
in real property located within the jurisdiction, if any co-owner of the business entity engages in any activity within the City of Los Angeles
described in or covered by the filer’s disclosure category of his or her agency’s conflict of interest code. The name and address of any disclosable
co-owner of any such business entity shall also be disclosed.
(c)
Any disclosable interest in real property.
(d)
Any other interest in real property, not located within the jurisdiction, if any co-owner of the real property, engages in any activity
within the City of Los Angeles described in or covered by the filer’s disclosure category of his or her agency’s conflict of interest code. The name
and address of any disclosable co-owner of any such real property shall also be disclosed.
(e)
spouse).
(f)
Any disclosable income (including loans, honoraria, travel expenses, gifts and the filer’s community property interest in income to a
(Repealed by Ord. No. 173,101, Eff. 3/27/00.)*
(f)
(Para. (g) Relettered (f) by Ord. No. 173,138, Eff. 4/24/00.)* Separate property income (including loans, honoraria, travel expenses,
and gifts) of the filer’s spouse from a restricted source and income of a dependent child from a restricted source, if the source of income would be a
disclosable source if received directly by the filer. Income to a spouse or dependent child does not include travel or reasonable subsistence expenses,
paid by a spouse’s or dependent child’s employer for employment-related travel.
(g)
The name and address of each general partner of a partnership in which the filer has an investment (required to be disclosed by this
subsection) valued at $2,000 or more, together with the name of the partnership. The identity of a partner is required to be disclosed by this
subsection only if the partner engages in any activity within the City of Los Angeles described in or covered by the filer’s disclosure category of his
or her agency’s conflict of interest code. (Amended by Ord. No. 173,870, Eff. 5/14/01.)
(h)
(Para. (i) Relettered (h) by Ord. No. 173,138, Eff. 4/24/00.)* For any investment required to be disclosed by this subsection or any
interest in real property (including both an interest required to be disclosed by this subsection and the filer’s personal residence) that was purchased
during the reporting period from a person engaged in the City of Los Angeles in an activity described in or covered by the disclosure category of the
filer’s conflict of interest code:
(i)
(ii)
the purchase price of the investment or interest in real property (rounded to the nearest $1,000);
(iii)
the name and address of the seller.
The filer’s initial financial disclosure statement shall disclose any such transaction which occurred within one year prior to the filing of such
statement.
This Paragraph (h) shall not require any disclosure relating to a transaction which occurred on a regulated trading market or stock exchange in
(i)
(Para. (j) Relettered (i) by Ord. No. 173,138, Eff. 4/24/00.)* For any investment required to be disclosed by this subsection or any
interest in real property (including both an interest required to be disclosed by this subsection and the filer’s personal residence) that was sold during
the reporting period to a person engaged in the City of Los Angeles in an activity described in or covered by the disclosure category of the filer’s
conflict of interest code:
(i)
(ii)
the selling price of the investment or interest in real property (rounded to the nearest $1,000);
(iii)
the name and address of the purchaser.
This Paragraph (i) shall not require any disclosure relating to a transaction which occurred on a regulated trading market or stock exchange in
2.
Except as otherwise provided in this subsection, the information and amounts required to be disclosed with respect to each financial interest, and
the manner of disclosing that information, shall be the same as required by Article 2 of Chapter 7 of the Political Reform Act of 1974, as amended, or by the
conflict of interest code of the filer’s agency.
3.
The value of real property shall be disclosed pursuant to Subdivision 3 based on the County Assessor’s assessed valuation of the property.
4.
If an investment is listed on a securities exchange within the United States, the filer may, instead of disclosing the value, disclose the largest
number of shares of stock owned, or the highest par value of bonds or debentures owned, during the reporting period.
5.
If the actual value of an asset is not known by the filer, a good faith estimate based on a reasonable inquiry, shall satisfy the requirement of this
subsection. In no event shall a filer be required to retain the services of an appraiser in order to comply with this subsection.
E.
Additional Disclosure Requirement Pursuant To Regulations of the City Ethics Commission. The City Ethics Commission may, by regulation,
require disclosure by filers of specific types of financial interests, in addition to those interests required to be disclosed pursuant to Subsection D of this section, if
the interest could with reasonable foreseeability be affected materially by the filer’s exercise of his or her official duties.
F.
Exception If Disclosure Would Violate Legally Recognized Privilege. A filer need not disclose the name of a person who paid fees or made
payments to the filer or to a business entity in which the filer or the filer’s spouse owns an investment if disclosure of the person’s name would violate a legally
recognized privilege under California law, such as but not limited to the attorney-client and the physician-patient privileges. Such person’s name may be withheld
in accordance with the rules relating to privilege applicable to disclosure under the California Political Reform Act of 1974, as amended, and pursuant to the
procedure established by 2 California Code of Regulations Section 18740, as amended, or by a successor regulation.
G.
Disclosure By Consultants.
1.
The City Ethics Commission shall adopt by regulation a definition of “consultants” who are required to file statements of economic interests. In
addition to the disclosure requirements of the Political Reform Act, such consultants shall identify their other clients who paid them more than $10,000
during the previous year and shall disclose such other information that the Commission determines, by regulation, is necessary to identify potential conflicts
of interest.
2.
Each consultant who is required to file a statement of economic interest shall be required to attend a training program conducted or sponsored by
the Commission.
H.
On a semi-annual basis, the City Ethics Commission shall publish a list identifying for each agency any person who, during the prior six months, was a
party to a contract with the City, was a bidder on any City contract, or responded to a request for proposals for a contract with the City.
I.
Statements of City Related Business. (Added by Ord. No. 177,190, Eff. 1/23/06.)
1.
Each person holding an elective City office, each general manager of a department of City government, each member of a board of
commissioners or any other board of City government, whether created by ordinance or by Charter, and each appointive officer named in the Charter, shall
file Statements of City-Related Business with the City Ethics Commission in accordance with the provisions of this subsection. Such person shall file a
Statement of City-Related Business within ten (10) calendar days after each occurrence of one or more of the transactions or proceedings described in this
subsection.
2.
For the purposes of this subsection, a Statement of City-Related Business shall disclose a transaction, or a proceeding, whether or not specifically
provided for by law, wherein action was required or requested to be taken or withheld by the City or any of its officers or employees in their official
capacity, if:
(a)
It took place during the tenure of office of the person required to file the statement; and
(b)
It was participated in by that person, the spouse of that person, or a business entity in which either that person or that person's spouse or
both in any manner held a five percent (5%) or more ownership interest; and
(c)
It involved:
(i)
the sale of real or personal property by or to the City, or
(ii)
the performance of services to the City pursuant to any contract, or
(iii)
a grant, loan, or forgiveness or payment of indebtedness by or to the City, or
(iv)
an application made to, or a grant made by, the City of any license, certificate, permit, franchise, change of zone, variance,
credential, or any other form of benefit or relief.
3.
A Statement of City-Related Business need not include a listing of any application where applicable law requires the granting of the application
without the exercise of judgment or discretion by an official or employee of the City.
4.
The Statement of City-Related Business shall be in sufficient detail as to dates, amounts, identifying numbers or symbols, if any, locations, and
subject matter to make the transactions or proceedings listed identifiable by reference to records of the City. It shall be filed on a form provided by the City
Ethics Commission.
5.
Each Statement shall be supported by a written certification or declaration signed under penalty of perjury by the person required to file, and
shall become a public record when filed.
J.
6.
Nothing in this subsection shall be construed to require a member of the Board of Education to file Statements of City-Related Business.
7.
A Statement of City-Related Business filed pursuant to this subsection shall satisfy the requirements of Section 323.1 of the City Election Code.
Recusal Notification. (Added by Ord. No. 177,853, Eff. 10/7/06.)
1.
Each member of a City board or commission required to file statements of economic interests pursuant to the Political Reform Act of 1974, as
amended, shall complete a "Recusal Notification Form" each time the member recuses himself or herself in relation to an actual conflict of interests or the
appearance of a conflict of interests under any applicable law.
(a)
The commission or board member shall submit a copy of the completed Recusal Notification Form to the Executive Secretary for the
Commission or Board (or the person acting in that capacity) as soon as possible after the posting of the agenda containing the item, including
continued items, involving the member's conflict of interests.
(b)
In addition, the commission or board member shall submit the original, completed Recusal Notification Form, along with a copy of the
meeting agenda containing the item involving the commission or board member's conflict of interests to the Ethics Commission no later than 15
calendar days after the date of the meeting at which the commission or board member recused himself or herself.
(c)
The commission or board member shall also submit the Recusal Notification Form as described in (a) and (b) above to the Executive
Secretary and the Ethics Commission even if the commission or board member will not be or was not present at the meeting, but would have been
required to recuse himself or herself on a matter appearing on the commission or board agenda if the member had been present.
2.
The Recusal Notification Form shall be prescribed by the City Ethics Commission, but shall include at a minimum the following:
(a)
Name of commission/board member recusing himself or herself;
(b)
Name of the board or commission of which he or she is a member;
(c)
The date of the meeting at which the recusal occurred or would have occurred;
(d)
The agenda item number and brief description of the matter;
(e)
The specific economic or other outside interest causing recusal (for example, personal residence, client of firm, source of income, board
member of organization); and
(f)
Whether the matter concerns the making of a contract.
* Amendments enacted by Ord. No. 173,101 and Ord. No. 173,138 shall be applicable to the financial disclosure statements required to be filed on April 1, 2000 and thereafter.
SEC. 49.5.7. DISCLOSURE BY NOMINEES.
A.
Each person nominated to a position in any government agency subject to a conflict of interest code, where appointment is subject to confirmation by
the Council, shall file a financial disclosure statement with the City Ethics Commission in the form required by Section 49.5.6. The financial disclosure statement
shall be filed within 21 days of the Mayor’s transmission of the nominee’s appointment to the Council. (Amended by Ord. No. 174,613, Eff. 7/7/02.)
B.
Prior to consideration of the confirmation of the nominee by the Council, the Commission shall review the statements filed pursuant to this section and
shall report to the Council, or to its committee confirming the appointment, those investment, interests in real property or sources of income which the Commission
determines would constitute a potential conflict of interest.
SEC. 49.5.8. DIVESTITURE OF ASSETS.
Every City agency shall make every effort to avoid hiring or appointing City officials who hold, and are unwilling or unable to sell, assets that would present
significant and continuing conflicts of interest.
SEC. 49.5.9. RESTRICTIONS ON HONORARIA AND OUTSIDE EARNED INCOME.
A.
Prohibition of Outside Earned Income - Elected City Officers. Pursuant to Charter Section 218, the Mayor, City Attorney, Controller, and members
of the City Council shall not receive any compensation, including honoraria, for their services other than that provided for by Charter Section 218, except that which
may be provided for their serving on governmental entities where payment is authorized for other governmental officers or employees serving in such capacity. (Charter Section No. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
B.
Restrictions on Honoraria and Other Outside Earned Income - Other Full Time City Officials and Employees.
1.
Except as provided in Subsection A of this section, no full time City official shall accept any honoraria or other outside earned income without
the prior written approval of the general manager or other chief administrative officer of his or her department, and, in the case of a source of income which
the general manager or other chief administrative officer determines is a restricted source for that official, without the prior written approval of the City
Ethics Commission.
2.
The approval required by Subdivision 1 of this subsection shall be denied if the general manager, other chief administrative officer or City Ethics
Commission determines that the receipt of the income would be inconsistent, incompatible, in conflict with or inimical to the City official’s official duties,
functions or responsibilities. In so determining, the general manager, other chief administrative officer and City Ethics Commission shall consider whether
one or more of the following factors is applicable:
(a)
Whether the payment or the services for which the payment would be received creates the appearance of or involves actual use of public
office or employment or the time, facilities, equipment or supplies of the official’s agency, for private gain;
(b)
Whether the payment or services for which the payment would be received involves the acceptance by the official of any money or other
consideration from anyone other than his or her agency for the performance of an act which the official, if not performing such act for the outside
source of income, would be required or expected to render in the regular course or hours of his or her duties as a City official;
(c)
Whether the City official is in a position to make, to participate in making, or to influence a potential governmental decision that could
foreseeably have a material financial effect on the source of income;
(d)
Whether the payment or services for which the payment would be received involves the performance of any act in other than an official
capacity which may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement of any other official of his or her
agency;
(e)
3.
Whether the services involve such time demands that would render the official’s performance or his or her official duties less efficient.
A request to the City Ethics Commission for approval pursuant to this subsection shall be treated as a request for written advice.
4.
In the case of a request for approval by a member of the Board of Public Works or by any general manager or other chief administrative officer
of any agency, the request shall be made to his or her appointing authority and, if required by Subdivision 1, to the City Ethics Commission. In the case of a
request for approval by an employee of the office of a member of the City Council, the request shall be made to that member of the City Council and, if
required by Subdivision 1, to the City Ethics Commission.
SEC. 49.5.10. RESTRICTIONS ON GIFTS AND TRAVEL EXPENSES.
A.
Restriction on Gifts.
1.
No person shall offer or make, and no City official shall solicit or accept, any gift with the intent that the City official will be influenced thereby
in the performance of any official act.
2.
No City official shall knowingly solicit any gift from a restricted source.
3.
Except in the case of a lobbyist or lobbying firm, no person who is a restricted source shall offer or make, and no City official shall accept, any
gift from a restricted source which would cause the cumulative amount of gifts from such source to the City official to exceed $100 during any calendar
year.
4.
No lobbyist or lobbying firm shall make, and no City official shall accept, any gift from a lobbyist or lobbying firm which is a restricted source
as to that official. (Amended by Ord. No. 178,064, Eff. 1/15/07.)
5.
No lobbyist or lobbying firm shall act as an agent or intermediary in the making of any gifts or arrange for the making of any gift by another
person to any City official.
6.
The provisions of Subdivision 3 of this subsection do not apply to foreign gifts made to an officer or employee of the City when representing the
Department of Airports or the Harbor Department, which gift is disclosed by that official to the City Ethics Commission within 30 days after receipt on a
form prescribed by the Commission.
7.
For the purpose of this subsection, the term “gift” does not include:
(a)
Items received by a City official which are not kept but which are turned over to the City within 30 days after their receipt.
(b)
Meals provided to a City official at an event at which the official speaks, participates in a seminar or similar activity or provides a
similar service.
(c)
Travel expenses and meals paid for by a local, state, federal or foreign government agency.
(d)
(e)
officials.
Items received by a bargaining unit member from a union representing that City official.
Food and beverages received from any union by a City official who is a member of a union representing a bargaining unit of City
(f)
Payment for travel expenses from a campaign committee; a nonprofit organization of which the City official is a member; or an
organization of which the City, an agency, or the official is a member acting in an official City capacity.
(g)
Gifts to non-elected City official for legal expenses related to an enforcement action brought under City or state ethics laws.
8.
A City official may request the City Ethics Commission to provide that official with written advice concerning the legality of accepting any
specific gift. Such request shall contain sufficient information to allow the Commission or its staff to properly consider the matter. The Commission or its
staff shall provide written advice in response to such a request within 10 working days after the Commission’s receipt of the request.
B.
Restrictions on Travel Advances and Reimbursements.
1.
No person shall offer or make, and no City official shall solicit or accept, any advance or reimbursement for travel expenses (including related
lodging and reasonable subsistence expenses) with the intent that the City official will be influenced thereby in the performance of any official act.
2.
No person who is a restricted source shall offer or make, and no City official shall accept from a restricted source as to that official, any advance
or reimbursement for travel expenses (including related lodging and reasonable subsistence expenses).
3.
No lobbyist or lobbying firm shall act as an agent or intermediary in the making of, or arrange for the making of, any advance or reimbursement
for travel expenses (including related lodging and reasonable subsistence expenses) by another person, to any City official.
4.
The payment for travel expenses of a City official traveling on government business shall not be prohibited by this section in any case where the
payment is a gift or other payment to the City of Los Angeles or to any government agency for which the City Council is the code reviewing body with
respect to that agency’s conflict of interest code, rather than a gift or income to the official, within the meaning of the Political Reform Act of 1974, as
amended, and the regulations of the Fair Political Practices Commission.
5.
Travel expenses subject to the prohibitions of this subsection include expenses for intrastate travel and lodging related to a City official’s
speaking at an event, participating in a seminar or providing similar services, notwithstanding the provisions of Title 2, California Code of Regulations,
Section 18728, or any successor section.
6.
Travel expenses subject to the prohibitions of this subsection do not include any payment for travel expenses from a campaign committee; a
nonprofit organization of which the City official is a member; or an organization of which the City, an agency, or the official is a member acting in an
official City capacity.
7.
This subsection does not limit travel expenses and meals paid for by a local, state, federal or foreign government agency.
SEC. 49.5.11. LOBBYING ACTIVITIES OF CURRENT AND FORMER CITY OFFICIALS.
(Title and Section Amended by Ord No. 172,891, Eff. 12/11/99; Title Amended by Ord. No. 176,823, Eff. 8/27/05.)
A.
No former City official or employee of any agency (as defined in Section 49.5.2) who personally and substantially participated in a decision,
proceeding, claim, contract, legislation or other specific matter during his or her City service, shall, for compensation, attempt to influence any action on that
specific matter on behalf of any person other than an agency. This prohibition applies only if the specific matter is still pending before an agency or if an agency is
a party to or has a direct or substantial interest in the specific matter. For purposes of this section, “personal and substantial” participation includes, but is not
limited to, making or voting on a decision or making a recommendation, rendering advice, investigation or conducting research.
B.
No former City official or agency employee shall, for compensation, knowingly counsel or assist any other person other than an agency (as defined in
Section 49.5.2) in connection with an appearance or communication in which the former official or employee is prohibited from engaging pursuant to Subsection A.
C.
The prohibitions contained in Subsections A and B shall not apply:
1.
To prevent a former City official or agency employee from making or providing a statement, based on the former official’s or employee’s own
special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly
provided for by law or regulation for witnesses.
2.
To communications made solely for the purpose of furnishing information by a former City official or agency employee if the court or agency to
which the communication is directed makes written findings that:
(a)
The former official or employee has outstanding and otherwise unavailable qualifications;
(b)
The former official or employee is acting with respect to a particular matter which requires such qualifications; and
(c)
The public interest would be served by the participation of the former official or employee.
3.
With respect to appearances or communications in a proceeding in which a court or agency has issued a final order, decree, decision or judgment
but has retained jurisdiction, if the agency of former employment gives its consent by determining that:
(a)
At least five years has elapsed since the termination of the former official’s or employee’s employment or term of office; and
(b)
the public interest would not be harmed.
D.
For two years after leaving City service, no former elected City officer who left City service on or after January 1, 2007 shall, for compensation, engage
in direct communication with any agency for the purpose of attempting to influence any action or decision on any matter pending before an agency on behalf of any
person other than an agency. For one year after leaving City service, no other former elected City officer, member of the City Ethics Commission or other former
high level official shall, for compensation, engage in direct communication with any agency for the purpose of attempting to influence any action or decision on any
matter pending before an agency on behalf of any person other than an agency. (Amended by Ord. No. 178,064, Eff. 1/15/07.)
E.
For one year after leaving City service, no former City official shall for compensation, engage in direct communication with any agency in which he or
she served during the twelve month period preceding his or her departure from City service, for the purpose of attempting to influence any action or decision on any
matter pending before that agency on behalf of any person other than an agency. For purposes of this subsection, the agency of a City Council office employee
means his or her former Council office and the Council member of that district.
F.
For purposes of this section, a decision does not include any ministerial action. A ministerial action is one that does not require a City official or
employee to exercise discretion concerning any outcome or course of action.
G.
Upon the petition of any interested person or party, a court or the presiding or other officer, including but not limited to any hearing officer, in any
judicial, quasi-judicial or other proceeding, may, after notice and an opportunity for a hearing, exclude any person found to be in violation of this section from
further participation, or from assisting or counseling any other participant, in the proceeding then pending before such court or presiding or other officer.
H.
No provision contained in this section shall prevent any former City official from representing solely himself or herself, or any member of his or her
immediate family, in their individual capacities, in connection with any matter pending before an agency.
I.
This section shall not apply to the activities of any former City official or employee who is an elected or appointed officer or employee of any city,
county, district, multi-jurisdictional, state or federal government agency, when that former City official or employee is solely representing that agency in his or her
official capacity as an officer or employee of the agency.
J.
No member of a board or commission of the City shall, for compensation, communicate directly, either personally or through his or her agent(s) at the
member's behest, with any City official for the purpose of attempting to influence action on municipal legislation on behalf of any other person. For the purposes of
the subsection, "municipal legislation" shall have the meaning set forth in Section 48.02 of this Code. This subsection is applicable only to members of those
boards and commission of the City who are required to file statements of economic interests pursuant to the Political Reform Act of 1974, as amended. Nothing in
this subsection shall prohibit a member of a City board or commission from appearing before any City agency in the same manner as any other member of the
general public solely to represent himself or herself on a matter related to his or her personal interests. (Added by Ord. No. 176,823, Eff. 8/27/05.)
SEC. 49.5.12. FUTURE EMPLOYMENT OF CITY OFFICIALS.
A.
No member of the City Council or member of any board, commission, committee or other such voting body of any agency who is required to file
statements of economic interest pursuant to the California Political Reform Act, shall directly or indirectly, knowingly or willfully negotiate the possibility of future
employment with any person (other than a government agency) who has a matter within the regulatory, proprietary, or contractual jurisdiction of his or her agency
currently pending before that officer or employee or before any body of which he or she is a voting member.
B.
No other City official shall, directly or indirectly, knowingly or willfully negotiate the possibility of future employment with any person (other than a
government agency) who has a matter within the regulatory, proprietary, or contractual jurisdiction of his or her agency currently pending before that officer or
employee.
C.
No person who has a matter pending before a City official, or before any body of which the official is a voting member shall, directly or indirectly,
knowingly or willfully negotiate the possibility of future employment of that City official.
D.
No City official shall make, participate in making or use his or her official position to influence a decision involving the interests of a person with
whom he or she has an agreement concerning future employment.
SEC. 49.5.13. PARTICIPATION OF ELECTIVE CITY OFFICERS AND EMPLOYEES IN GOVERNMENTAL DECISIONS.
(Amended by Ord. No. 175,344, Eff. 8/16/03.*)
A.
In addition to the requirements of Government Code Section 87100, et seq., no officer or employee of the City shall knowingly make, participate in
making, or attempt to use his or her official position to influence any governmental decision directly relating to any contract where the City official knows or has
reason to know that any party to the contract is a person by whom the City official was employed immediately prior to entering government service within 12
months prior to the time the official acts on the matter.
B.
Any person that meets either of the criteria set forth in Subdivisions 1. and 2. below and that makes one or more payments in the aggregate amounts set
forth in Subsection C. for independent expenditures or non-behested member communications to support the candidacy of an individual who is thereafter elected or
reelected to an elective City office shall file a report with the City Ethics Commission, disclosing the information set forth after each of the criteria:
1.
The person is directly involved in a decision before an elected City officer, and within 12 months prior to the decision, the person made one or
more independent expenditures or one or more payments for member communications in support of that officer at the time the officer was campaigning for
election or reelection to any office.
(a)
The person shall disclose the filer’s name, address and telephone number; the elected City official in support of whom the payment was
made; the date(s) and amount(s) of the payment(s); the identity of the matter on which the decision is made; and the date on which the person
became directly involved in the decision.
(b)
The provisions of 2 Cal. Code Regs. § 18704.1(a)(1) and (2) shall govern when a person is “directly involved” in a decision before an
elected City official within the meaning of this section.
(c)
Disclosure shall be made within 48 hours after the person making the expenditure (i) becomes directly involved in a decision that will or
may come before the elected City officer in whose support the payment was made and (ii) makes the expenditure.
2.
The person, or any other person acting on behalf of the person, attempts to influence an elected City officer with respect to any matter of
municipal legislation as defined by Section 48.02 of this Code, and within 12 months prior to the decision, the person made one or more independent
expenditures or one or more payments for member communications in support of that officer at the time the officer was campaigning for election or
reelection to any office.
(a)
The person shall disclose the filer’s name, address and telephone number; the elected City official in support of whom the payment(s)
was (were) made; the date(s) and amount(s) of the payment(s); the identity of the municipal legislation; whether the person attempted to influence the
officer directly or through another person, and, if the latter, the name and address of the other person; and the date(s) of the attempt(s) to influence.
(b)
C.
Disclosure shall be made within 48 hours after each attempt to influence.
The following are the aggregate amounts triggering the disclosure required by Subsection B.:
1.
$100,000 or more in the case of a Mayoral candidate in a primary or general election;
2.
$50,000 or more in the case of a City Attorney or Controller candidate in a primary or general election; and
3.
$25,000 or more in the case of a City Council candidate in a primary or general election.
D.
For purposes of this section, a payment is deemed to be made for an expenditure supporting an elected City officer if the person making the payment is
required to disclose that fact pursuant to Section 49.7.31 of this Code. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
E.
The disclosures required by this section shall be made on a form provided by the Commission, shall be verified under penalty of perjury and shall be
filed by fax, certified mail, or hand delivery to the Commission.
SEC. 49.5.14. APPLICATION OF REQUIREMENTS.
The requirements imposed by this article on officers and employees shall not apply to any officer or employee who terminated his or her City service prior to
the effective date of this article; provided, however, that a person who returns to City service on or after the effective date of this article shall be subject to the
requirements of this article.
SEC. 49.5.15. CONTRACT BIDDER AND PROPOSER DISCLOSURE – POLITICAL CONTRIBUTIONS AND FUNDRAISING ACTIVITY.
SEC. 49.5.16. DISCLOSURE BY ELECTIVE OFFICERS IN CONNECTION WITH LOBBYING INTERESTS AND CITY CONTRACTORS.
SEC. 49.5.17. COMMISSIONER PARTICIPATION IN CONTRACTING PROCESS.*
A.
Except as provided below, no member of a Board or Commission shall participate in or otherwise be involved in the development, review, evaluation,
negotiation and recommendation process of bids, proposals or any other submittals or requests for the award of a contract, contract amendment, or change order
involving that Board, Commission, Office or Department.
B.
This Section does not preclude a Board or Commission, acting as a body, from reviewing staff recommendations when considering award of a contract,
contract amendment or change order; providing direction to the general manager on contract requirements and negotiations; or considering proposals or other
requests submitted for the award of a contract, contract amendment or change order. Nor does this Section preclude the efforts of individual members in reviewing
documents and other information provided by or available from staff when preparing for the meetings of the full Board or Commission or committee at which the
matter will be considered.
Additionally, if the Board or Commission so approves, a committee of at least two members of the body may participate in the review of staff
recommendations regarding the award of a contract, contract amendment, or change order; consider proposals or other requests submitted for the award of a
contract, contract amendment or change order; and/or conduct subsequent negotiations on terms or conditions of a contract within the criteria established by that
Commission or Board. All participation by committees shall take place only in publicly-noticed meetings pursuant to the Ralph M. Brown Act.
SEC. 49.5.18. ETHICS TRAINING.
All City officials are required to participate in an ethics training no less than once every two years conducted by the City Ethics Commission, in partnership
with the Office of the City Attorney. These training sessions shall be structured to assure that each participant has the knowledge to comply fully with all of the
relevant ethics laws governing their service to the City of Los Angeles.
SEC. 49.5.19. ENFORCEMENT.
(First Para. Repealed by Ord. No. 170,538, Eff. 7/13/95.)
A.
Criminal Enforcement.
1.
Any person who knowingly or willfully violates any provision of this article is guilty of a misdemeanor. Any person who knowingly or willfully
causes any other person to violate any provision of this article, or who aids and abets any other person in the violation of any provision of this article, shall
be liable under the provisions of this section.
2.
Prosecution of violation of any provision of the article shall be commenced within four years after the date of the violation.
3.
No person convicted of a misdemeanor under this article shall act as a lobbyist or as a City contractor for a period of four years following the
date of the conviction unless the court at the time of sentencing specifically determines that this provision shall not be applicable.
4.
B.
For the purposes of this section, a plea of nolo contendere shall be deemed a conviction.
Civil Actions.
1.
Any person who intentionally or negligently violates any provision of this article shall be liable in a civil action brought by the City Attorney,
the City Ethics Commission or by any person residing within the City for an amount not more $5,000 per violation, or for more than three times the amount
the person failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater.
2.
If two or more persons are responsible for any violation, they shall be jointly and severally liable.
3.
Any person, other than the City Attorney, before filing a civil action pursuant to this subsection, shall first file with the City Ethics Commission
a written request for the Commission to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The
Commission shall respond within 40 days after receipt of the request indicating whether it intends to file a civil action. If the Commission indicates in the
affirmative and files an action within forty days thereafter, no other action may be brought unless the action brought by the Commission is dismissed
without prejudice.
4.
In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the
defendant. If a judgment is entered against the defendant or defendants in an action, a private plaintiff shall receive fifty percent (50%) of the amount
recovered. The remaining fifty percent shall be deposited into the City’s General Fund. In an action brought by the City Attorney or the Commission, the
entire amount shall be paid to the General Fund.
5.
No action alleging a violation of this article may be filed more than four years after the date the violation occurred.
C.
Injunctive Relief. Any person residing within the City of Los Angeles including the City Attorney, may sue for injunctive relief to enjoin violations or
to compel compliance with the provisions of this article.
D.
Costs of Litigation. The court may award to a party, other than an agency, who prevails in any civil action authorized by this article, his or her costs
of litigation, including reasonable attorneys’ fees. If the costs or fees are awarded against the City, the payment of such award shall be the responsibility of the City.
E.
Limitation of Actions. No civil action alleging a violation of this article shall be filed more than four years after the date of the violation. (Amended
by Ord. No. 170,538, Eff. 7/13/95.) F.
Discipline. Any appointed officer or employee who violates any provision of this article shall be subject to administrative discipline by his or her
appointing authority. Such discipline shall be administered in accordance with procedures, prescribed by law or established by City policy, applicable to the officer
or employee. (Former Subsec. F. Repealed, Former Subsec. G. Redesignated as new Subsec. F. by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.) G.
Enforcement of Community Redevelopment Agency and Housing Authority Ethics Regulations. (Added by Ord. No. 175, 877, Eff. 5/5/04.)
1.
In the event that the Community Redevelopment Agency of the City of Los Angeles and/or the Housing Authority of the City of Los Angeles
adopt governmental ethics regulations governing the conduct of their officers and employees and former officers and employees, violations of those
regulations shall be subject to the civil enforcement proceedings set forth in Subsections B through E of this section and to the administrative enforcement
provisions of Charter Section 706.
2.
The City Ethics Commission is authorized to conduct administrative enforcement investigations and proceedings and to impose administrative
penalties and orders for violations of governmental ethics regulations adopted by the Community Redevelopment Agency of the City of Los Angeles and/or
the Housing Authority of the City of Los Angeles. Those proceedings shall be governed by the City Ethics Commission's enforcement regulations contained
in Section 24.21 of the Los Angeles Administrative Code, as amended. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
3.
Any officer or employee of the Community Redevelopment Agency or the Housing Authority who violates any provision of the governmental
ethics regulations adopted by those agencies shall be subject to administrative discipline by his or her appointing authority. That discipline shall be
administered in accordance with procedures, prescribed by law or established by agency policy, applicable to the officers or employees.
SEC. 49.5.20. LATE FILING PENALTIES.
If any person files an original statement or report after any deadline imposed by this article, he or she shall, in addition to any other penalties or remedies
established by the article, be liable to the City in the amount of twenty five dollars ($25) per day after the deadline until the statement or report is filed. Liability
need not be enforced by the City if the Commission on an impartial basis determines that the late filing was not willful and that enforcement of the liability will not
further the purposes of the article, except that no liability shall be waived if a statement or report is not filed within 30 days. SEC. 49.5.21. EFFECT OF CAMPAIGN MONEY LAUNDERING VIOLATION ON CONTRACTS AND FEE WAIVERS.
(New Sec. 49.5.21 Added by Ord. No. 171,142, Eff. 8/3/96.)
A.
Applicability.
1.
This section is applicable if the City Ethics Commission makes a finding that a person has laundered campaign funds in violation of Charter
Section 470(k), and that finding is made after an administrative enforcement hearing pursuant to Charter Section 706 or as a result of a stipulation between
the person committing the violation and the City Ethics Commission. (Charter Section Nos. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
2.
This section is applicable to the following contracts awarded or fees waived by the City Council or by any City agency, excluding the following
proprietary City departments: Airports, City Employees Retirement System, Harbor, Library, Pensions, Recreation and Parks, and Water and Power:
3.
B.
(a)
all contracts for personal services, and to all other contracts involving a contract price in an amount of $1,000 or more;
(b)
all discretionary fee waivers of $1,000 or more.
This section is applicable only to violations committed after the effective date of the ordinance adding this section.
Competitively Bid Contracts.
l.
Prior to awarding any contract which is required to be awarded to the lowest responsible bidder, the City Council or other City board,
commission or officer charged with the duty to award the contract (the awarding authority) shall determine whether, the lowest monetary bidder has been
found to have committed the violation as specified in Subsection A.1. above within the previous four years.
2.
The awarding authority shall not award the contract to the lowest monetary bidder, if, following a hearing as described in Subdivision 3. below,
it finds that, as a result of the violation, the awarding authority believes that the bidder lacks integrity such that it is unfit to perform the work specified in the
contract. The awarding authority shall make that finding unless there are specific facts brought to its attention, in writing, which indicate otherwise. On that
basis, the awarding authority shall deem the bidder to be not responsible.
3.
Prior to making a finding that a bidder is not responsible as set forth in Subdivision 2., the awarding authority shall notify the bidder of its
intention to consider making such a finding. The awarding authority shall offer the bidder an opportunity to present evidence and argument that, despite the
bidder having been found to have violated the City law prohibiting the laundering of campaign funds, the awarding authority should not have reason to
question the bidder’s integrity and fitness to perform the contract. If the bidder desires to present such evidence and/or argument to the awarding authority,
the awarding authority shall hold an informal hearing. At that hearing the bidder shall be allowed to make a presentation. After having considered the
bidder’s presentation, and the presentations of any other interested parties, the awarding authority may make the finding set forth in Subdivision 2. if it is
satisfied that such a finding is merited.
C.
Contracts Awarded on a Basis Other Than Competitive Bidding. The City Council or other City board, commission or officer charged with the
duty to award a contract shall not approve any contract on behalf of the City, other than a contract required to be awarded to the lowest responsible bidder, with any
party, if the party has been found to have committed the violation as specified in Subsection A.1. above within the previous four years.
D.
Fee Waivers. The City Council or other City board, commission or officer shall not grant any discretionary waiver of more than $1,000 of any City fee
for any person, if the person has been found to have committed the violation as specified in Subsection A.1. above within the previous four years.
E.
Notice of Violations.
1.
The City Ethics Commission shall provide a copy of every Commission enforcement decision relating to a violation as specified in Subsection
A.1., together with a copy of any stipulation filed in the case, to the general manager or other head of each City agency to which this section applies.
2.
A person who submits a bid or proposal in connection with any contract or a request for fee waiver with a City agency to which this section
applies shall include with the bid, contract proposal or fee waiver documents a copy of the Commission’s decision of violation as specified in Subsection
A.1. made within the previous four years, together with a copy of any stipulation filed in connection therewith.
3.
With respect to a decision on a contract or fee waiver considered by the City Council, the City Clerk shall submit a report which contains
sufficient information to allow the body to comply with the requirements of those provisions.
4.
With respect to a decision on a contract or fee waiver considered by a City board or commission, the agency staff shall submit a report which
contains sufficient information to allow the body to comply with the requirements of those provisions.
F.
Time Period of Prohibitions and Notification. If the City Ethics Commission makes a finding that the contracting party has either
(1)
accepted responsibility for the violation in the form of having entered into a stipulation with the City Ethics Commission in which the party
admits the violation, or otherwise exhibits evidence of having accepted such responsibility, or
(2)
mitigated the wrongdoing by taking prompt remedial or corrective action, then the City Ethics Commission may reduce the time period during
which the above prohibitions and notification requirements would apply to a period of not less than one year. Any person who has been found by the City
Ethics Commission to have violated Charter Section 470(k) may request such a finding from the Commission. (Charter Section No. Amended by Ord.
No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
G.
Waiver of Provisions. The City Council by a two- thirds vote of its entire membership may waive any or all of the prohibitions contained in this
section if the Council makes a written finding that an overriding public policy consideration justifies entering into the contract or waiving the fee despite the
prohibition contained in this section. The finding shall set forth the nature of the overriding public policy consideration and the reason why that consideration
justifies the waiver of the prohibition and shall be made only when the waiver is justified by a significant community or financial benefit to the City or if it is
necessary to preserve the health, safety or welfare of the public.
SEC. 49.5.22. AUTHORITY OF ENACT.
(Sec. 49.5.21 Renumbered by Ord. No. 171,142, Eff. 8/3/96.)
This article is enacted pursuant to and under the authority of the Charter of this City, California Government Code Sections 1125, et seq., California
Government Code Section 81013 and California Constitution, Article XI, Section 5.
SEC. 49.5.23. APPLICABILITY OF OTHER LAWS.
Nothing in this article shall exempt any person from complying with applicable provisions of any other laws.
SEC. 49.5.24. SEVERABILITY.
If any provision of this article, or its application to any person or circumstances, is held invalid by any court, the remainder of this article or the application of
such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, to the extent such can be given effect, and to
this extent the provisions of this article are declared to be severable.
ARTICLE 9.7
CAMPAIGN FINANCING
(Article Amended in Entirety by Ord. No. 182,264, Eff. 10/29/12.)
Section
49.7.1
49.7.2
49.7.3
49.7.4
49.7.5
49.7.6
49.7.7
49.7.8
49.7.9
49.7.10
49.7.11
49.7.12
49.7.13
49.7.14
49.7.15
49.7.16
49.7.17
49.7.18
49.7.19
49.7.20
49.7.21
49.7.22
49.7.23
49.7.24
49.7.25
49.7.26
49.7.27
49.7.28
49.7.29
49.7.30
49.7.31
49.7.32
49.7.33
49.7.34
49.7.35
49.7.36
49.7.37
49.7.38
49.7.39
49.7.40
Relation to the City Charter.
Definitions.
Charter-Based Adjustments.
Aggregation of Contributions and Expenditures.
Family Contributions.
Text Message Contributions.
Receipt of Contributions.
Treatment of Payments.
Loans and Credit.
Fundraising Windows.
Solicitation and Delivery of Campaign Contributions.
Training for Candidates and Treasurers.
Committees to Oppose Recall Petitions.
Campaign Statement Filing Deadlines.
Campaign Information.
Contributor Information.
Filing and Recordkeeping Requirements.
Reproduction of Materials.
Officeholder Expense Fund.
Legal Defense Fund.
Disclosure by Officeholder Expense Funds and Legal Defense Funds.
Acceptance or Rejection of Matching Funds.
Participation and Qualification Requirements.
Expenditure Ceilings.
Expenditure Ceilings Lifted.
Notice Regarding Expenditure Ceilings.
Matching Funds Formula.
Requests for Matching Funds Payments.
Maximum Matching Funds.
Matching Funds Payments to Candidates.
Disclosure of Independent Expenditure Communications.
Disclosure of Campaign, Officeholder, and Legal Defense Communications.
Disclaimers on Political Communications.
Social Media Accounts.
Bidder Contribution and Fundraising Restrictions.
Underwriter Contribution and Fundraising Restrictions.
Recordkeeping.
Enforcement.
Late Filing Penalties.
Severability.
SEC. 49.7.1. RELATION TO THE CITY CHARTER.
The provisions of this Article relating to contribution limitations are in addition to and supplement the regulations contained in Charter Sections 470 and
609(e). The provisions of this Article relating to public financing and expenditure limitations are adopted pursuant to the authorization contained in Charter Section
471.
The following terms have the meanings identified below. Other terms used in this Article have the meanings identified in the Political Reform Act. All terms
used in this Article shall be interpreted in accordance with the Political Reform Act.
A.
“Behested” means made at the request of, at the suggestion of, with the cooperation of, in concert with, in consultation with, in coordination with,
under the direction of, or under any arrangement with a candidate or candidate’s City controlled committee.
1.
There is a rebuttable presumption that a communication is behested in any of the following circumstances:
a.
The spender and the candidate retain the same individual or entity to provide non-ministerial, campaign-related professional services,
including but not limited to polling, campaign research, media consultation or production, direct mail consultation, and fundraising, in the same
election cycle.
b.
The communication reproduces or redistributes, in whole or substantial part, a campaign, officeholder, or legal defense communication.
c.
The communication includes information about a candidate’s campaign plans, projects, or needs that is not generally available to the
public or is provided directly or indirectly by the candidate.
d.
The spender discusses or negotiates the communication with the candidate.
e.
The spender is serving or has served in a formal advisory or policy-making position with the candidate or has participated in strategic or
policy-making discussions with the candidate regarding the pursuit of nomination or election to office and, in the same election cycle, the candidate is
pursuing the office that the campaign communication is intended to influence.
f.
The communication is made in connection with fundraising events or campaign activities co-sponsored by the candidate and the spender.
2.
None of the following circumstances is sufficient in and of itself to constitute a behested campaign, officeholder, or legal defense
communication:
a.
The spender interviews the candidate regarding legislative or policy issues that affect the spender or discusses campaign-related issues
with the candidate but does not communicate with the candidate regarding the communication.
b.
The spender solicits or obtains a photograph, biography, position paper, press release, or similar material from the candidate and, without
the candidate’s prior knowledge, uses that material in the communication.
c.
The spender made contributions to the candidate.
d.
The spender communicates to the candidate the intent to make a communication but does not discuss or negotiate the communication
with the candidate.
e.
A member of a spender organization provides volunteer services to or works for the affected candidate’s campaign. This exception does
not apply if the member was also involved in the activities of the spender’s political action committee, makes payments on behalf of the spender, is
serving or has served the candidate in a formal advisory or policy-making position, or is making or has engaged in strategic or policy-making
discussions with the candidate.
3.
f.
The communication was made in response to an unsolicited request from a political party leader or an agent of the leader.
g.
The spender employs or is under contract with a political consultant or pollster who previously rendered services to the candidate.
Reference to a spender includes the spender’s agent. Reference to a candidate includes the candidate’s agent and City controlled committees.
B.
"Campaign communication" means a communication that expressly advocates the election or defeat of a clearly identified City candidate or ballot
measure or, taken as a whole and in context, unambiguously urges a particular result in a City election and is authorized, distributed, paid for, or behested by a
candidate for elected City office, or by a City controlled committee, a City recall committee, or a City ballot measure committee. (Amended by Ord. No. 182,362,
Eff. 1/30/13.)
C.
“City controlled committee” means a committee created for City purposes and controlled by an elected City officer or a candidate for elected City
office. The term includes City campaign committees, officeholder expense funds, legal defense funds relating to City office, and recall and ballot measure
committees involving City issues. The term does not include a committee created for election to or the holding of a non-City office.
D.
“Citywide office” means the offices of City Attorney, Controller, or Mayor.
E.
“Communication” means a message that conveys information or views in a scripted or reproduceable format, including but not limited to paper, audio,
video, telephone, electronic, Internet, web logs, and social media.
F.
“Elected City Office” means the office of City Council member, City Attorney, Controller, or Mayor.
G.
“Elected City officer” means a person who holds elected City office, whether appointed or elected.
H.
“Fundraising event” means an event designed for political fundraising, at which contributions for an elected City officer, a candidate for elected City
office, or a City controlled committee are solicited or received.
I.
“General election” means a regular or special general municipal election for elected City office.
J.
“Independent expenditure communication” means a communication that expressly advocates the election or defeat of a clearly identified City
candidate or ballot measure or, taken as a whole and in context, unambiguously urges a particular result in a City election and is not authorized, distributed, paid
for, or behested by the affected candidate or committee. The term includes member communications, as defined in the Political Reform Act, if any of the following
applies: (Amended by Ord. No. 182,362, Eff. 1/30/13.)
1.
The communication is not a type that is routinely distributed by the member organization;
2.
The communication is not directed solely to and intended only for the member organization’s own members; or
3.
The cost of the communication exceeds the amount that the member organization routinely spends for that type of communication.
K.
“Legal defense communication” means a communication permitted for legal defense committees and authorized, distributed, paid for, or behested by a
legal defense fund committee or the person who controls the committee.
L.
“Non-participating candidate” means a candidate for elected City office who has declined to participate in the public matching funds program.
M.
“Officeholder communication” means a communication permitted for City officeholders and authorized, distributed, paid for, or behested by a City
officeholder or an officeholder committee.
N.
“Participating candidate” means a candidate for elected City office who has agreed to participate in the public matching funds program.
O.
“Political communication” means a campaign communication, an independent expenditure communication, a legal defense communication, or an
officeholder communication.
P.
“Political Reform Act” means the California Political Reform Act of 1974 (California Government Code Sections 81000 et seq.) and the related
regulations of the California Fair Political Practices Commission.
Q.
“Primary election” means a regular or special primary nominating election for elected City office.
R.
“Qualified contribution” means a contribution that may be matched with public funds because it meets all of the following criteria:
1.
The contribution is lawful under State and City law.
2.
The contribution was received by a participating candidate.
3.
The contribution was not received from the participating candidate or the participating candidate’s immediate family.
4.
The contribution was received from an individual. Beginning with the 2015 regular City elections, the contribution was received from an
individual residing within the City.
5.
The contribution is monetary and is not a loan or pledge.
6.
The contribution was received no later than three months after the date of the election and no earlier than the following dates:
a.
For regular primary elections, 12 months prior to the date of the election.
b.
For special primary elections, the later of 12 months prior to the date of the election or the date the candidate filed a Declaration of Intent
to Solicit and Receive Contributions.
c.
For general elections, the date on which the candidate was permitted to begin soliciting and accepting contributions.
SEC. 49.7.3. CHARTER-BASED ADJUSTMENTS.
The Ethics Commission has a duty under Charter Section 702(h) to annually adjust limitations and disclosure thresholds in City law to reflect changes in the
Consumer Price Index (CPI).
A.
B.
The duty applies to the following provisions in the City’s campaign finance laws:
1.
The per-person limits on campaign contributions in Charter Sections 470(c)(3) and 470(c)(4).
2.
The per-person limits on loans in Charter Section 470(c)(8).
3.
The aggregate limits on campaign contributions in Charter Section 470(c)(6).
4.
The aggregate limits on campaign contributions from non-individuals in Charter Section 470(c)(7).
5.
The per-person limit on cash contributions in Charter Section 470(d).
6.
The aggregate limit on anonymous contributions in Charter Section 470(e).
7.
The limits on the expenditure of personal funds in a campaign in Section 49.7.23 C.4.
8.
The limits on expenditures by participating candidates in Section 49.7.24.
9.
The independent expenditure threshold that lifts the expenditure ceilings for participating candidates in Section 49.7.25.
Pursuant to Charter Sections 240, 470(f), and 702(h), the following apply to CPI adjustments.
1.
The adjustments shall be automatically calculated and published by the Ethics Commission staff no later than March 1 of each year.
2.
Adjustments shall reflect the percent change in CPI for All Urban Consumers that is published by the United States Bureau of Labor Statistics for
the region that includes the Los Angeles metropolitan area from December 2011 to the December immediately prior to the adjustment using the following
formula: divide the CPI for the December immediately prior to the adjustment by 231.567 (the CPI for December 2011); multiply the resulting number by
each value below; and round as specified in paragraph 3.
a.
$700 for the per-person limits on contributions and loans to City Council candidates.
b.
$1,300 for the per-person limits on contributions and loans to Citywide candidates.
c.
($700 times the number of City Council offices on a ballot) plus ($1,300 times the number of Citywide offices on a ballot), but not less
than (two times the limit on contributions to City Council candidates), for a person’s aggregate limit on contributions in a single election.
d.
The following aggregate limits on non-individual contributions:
i.
$202,300 to City Council candidates.
ii.
$539,400 to City Attorney and Controller candidates.
iii.
$1,213,800 to Mayoral candidates.
e.
$25 for the per-person limit on cash contributions.
f.
$200 for the aggregate limit on anonymous contributions.
g.
The following limits on the expenditure of personal funds by participating candidates:
h.
i.
$31,100 for City Council candidates.
ii.
$124,500 for Citywide candidates.
The following expenditure limits for participating candidates in primary elections:
i.
j.
i.
ii.
$1,119,000 for Controller candidates.
iii.
$1,259,000 for City Attorney candidates.
iv.
$2,798,000 for Mayoral candidates.
The following expenditure limits for participating candidates in general elections:
i.
ii.
$840,000 for Controller candidates.
iii.
$979,000 for City Attorney candidates.
iv.
$2,237,000 for Mayoral candidates.
The following independent expenditure thresholds that lift the expenditure limits for participating candidates:
i.
$77,000 in City Council races.
ii.
$155,000 in Controller and City Attorney races.
iii.
3.
$309,000 in Mayoral races.
Adjustments shall be rounded as follows:
a.
To the nearest $10 for the value in subsection B.2.e.
b.
To the nearest $100 for the values in subsections B.2.a. through B.2.d. and B.2.f.
c.
To the nearest $1,000 for the values in subsections B.2.g. through B.2.j.
4.
Adjustments that apply to limits and thresholds related to elections apply as of the next primary election for which no City fundraising window
has opened. All other adjustments apply beginning the July 1 of the same calendar year.
5.
Adjustments may not exceed an applicable limit or threshold in State law.
SEC. 49.7.4. AGGREGATION OF CONTRIBUTIONS AND EXPENDITURES.
For purposes of the limitations, prohibitions, and requirements contained in Charter Section 470 and this Article, contributions and expenditures from the
following sets of persons will be aggregated and considered to be made by a single person. An aggregated contribution may not exceed the lowest permissible
contribution from either person:
A.
Two persons, one of whom controls the other’s contribution activity.
B.
A sponsored committee, as defined in Government Code Section 82048.7, and its sponsoring organization.
C.
Two entities when the same individuals constitute a majority of each entity’s board of directors.
D.
Two entities that share the same officers or a majority of officers. For the purposes of this Subsection, an officer does not include an individual
who serves only as a member of the entity’s board of directors.
E.
A corporation or limited liability company that shares the same majority shareholders or members as or holds a majority of the voting rights in
another corporation or limited liability company.
F.
Two corporations in a parent-subsidiary relationship, provided that at least one of the corporations is not publicly traded.
G.
An individual and a corporation, limited liability company, firm, joint venture, syndicate, business trust, company, or other business entity other
than a sole proprietorship or a general or limited partnership, in which the individual owns an investment of 50 percent or more, or holds a majority of the
voting rights.
H.
An individual and a sole proprietorship owned by the individual.
I.
A general partner and a general or limited partnership in which the general partner owns an investment of 50 percent or more, or holds a majority
of the voting rights.
SEC. 49.7.5. FAMILY CONTRIBUTIONS.
A.
Contributions by two spouses are separate contributions.
B.
There is a rebuttable presumption that contributions by children under 18 years of age are contributions by their parents. Unless sufficiently rebutted,
the contributions will be attributed proportionately to each custodial parent or entirely to a single custodial parent.
SEC. 49.7.6. TEXT MESSAGE CONTRIBUTIONS.
A.
A contribution may be made via short message service (SMS), multimedia messaging service (MMS), or other similar text messaging technology.
B.
The following apply to a contribution made via SMS, MMS, or text messaging:
1.
The contribution shall be subject to the same disclosure and recordkeeping requirements and, for participating candidates, the same matching
funds requirements, that apply to contributions made by other means.
2.
The contribution may not exceed the applicable limitation on cash contributions.
3.
The contribution is treated as a pledge and is deemed received when a candidate for elected City office or the candidate’s controlled committee
obtains control of the contribution.
C.
City equipment may not be used to make a contribution via SMS, MMS, or text messaging.
SEC. 49.7.7. RECEIPT OF CONTRIBUTIONS.
A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized, and is returned to the donor within 14 days of the date the
candidate or committee takes possession or control or receives the benefit of the contribution.
SEC. 49.7.8. TREATMENT OF PAYMENTS.
Any payment received by an elective City officer, candidate for elective City office or any committee controlled by the officer or candidate shall be considered
either a campaign contribution, income, a gift, or a payment for legislative or governmental purposes within the meaning of Government Code Section
82015(b)(2)(B)(iii). All campaign contributions received by those persons shall be subject to the provisions of Charter Sections 470 and 471 and this Article unless
the contributions are used exclusively for an election in some other jurisdiction. All income and gifts shall be subject to the relevant provisions of the Charter, this
Article, the Political Reform Act, and other relevant statutes and ordinances. All payments for legislative or governmental purposes within the meaning of
Government Code Section 82015(b)(2)(B)(iii), other than payments exempted by Section 49.7.19 D., shall be subject to the Officeholder Expense Fund provisions
of Section 49.7.19.
SEC. 49.7.9. LOANS AND CREDIT.
A.
A loan is a contribution from the maker and the guarantor of the loan and is subject to any applicable contribution limitations of Charter Section 470
and this Article.
B.
A loan to a candidate or a City controlled committee shall be by written agreement and shall be filed with the campaign statement on which the loan is
first reported.
C.
The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to
members of the public and which is secured or guaranteed is not a contribution within the meaning of the contribution limitations of Charter Section 470 and this
Article.
D.
Credit (other than a loan referred to in Subsection C.) that is extended for a period of more than 90 days is subject to the contribution limitations of
Charter Section 470 and this Article. A creditor who demonstrates a commercially reasonable attempt to collect the debt is not subject to the contribution limits for
that debt.
E.
Following an election, candidates who are elected to the offices they sought during that election may not repay personal loans to themselves from their
controlled committees for elected City office in excess of the limitations on personal funds in Section 49.7.23 (C)(4). (Amended by Ord. No. 182,362, Eff.
1/30/13.)
F.
Elected City officers who were participating candidates may not repay personal loans to themselves from their controlled committees for elected City
office if they exceeded an applicable spending limit before the limit was lifted.
SEC. 49.7.10. FUNDRAISING WINDOWS.
A.
Candidates for City Council and their controlled committees for election to City office may not solicit or accept contributions or cause contributions to
be solicited or accepted more than 18 months before the date of the election at which they seek office. Citywide candidates and their controlled committees for
election to City office may not solicit or accept contributions or cause contributions to be solicited or accepted more than 24 months before the date of the election
at which they seek office.
B.
Candidates for elected City office and their controlled committees for election to City office may not solicit or receive contributions or cause
contributions to be solicited or received more than 12 months after the date of the election at which they seek office.
1.
Candidates and their controlled committees for election to City office may request one three-month extension. The request shall be submitted in
writing and shall state the reasons for the request. The request may be granted by the Executive Officer if the Executive Officer determines that
extraordinary circumstances outside the candidate’s or committee’s control have substantially affected the candidate’s or committee’s ability to engage in
fundraising following the election.
2.
Contributions solicited or received or caused to be solicited or received following an election shall be used to retire debt, except to the extent
prohibited by Section 49.7.9.
SEC. 49.7.11. SOLICITATION AND DELIVERY OF CAMPAIGN CONTRIBUTIONS.
A.
The following definitions apply to this Section.
1.
“Personally deliver” means to deliver a contribution in person or to cause a contribution to be delivered in person by an agent or intermediary.
2.
“Prohibited fundraising” means any of the following:
a.
Requesting that another person make a contribution;
b.
Inviting a person to a fundraising event;
c.
Supplying names to be used for invitations to a fundraising event;
d.
Permitting one’s name or signature to appear on a solicitation for contributions or an invitation to a fundraising event;
e.
Permitting one’s official title to be used on a solicitation for contributions or an invitation to a fundraising event;
f.
Providing the use of one’s home or business for a fundraising event;
g.
Paying for at least 20 percent of the costs of a fundraising event;
h.
Hiring another person to conduct a fundraising event;
i.
Delivering a contribution, other than one’s own, either by mail or in person to an elected City officer, a candidate for elected City office,
or a City controlled committee; or
j.
B.
Acting as an agent or intermediary in connection with the making of a contribution.
A person shall not do either of the following:
1.
Solicit contributions from a City official or employee to support or oppose the candidacy of a person for elected City office, support or oppose
the recall of an elected City officer, or to contribute to an officeholder or legal defense fund. This prohibition does not apply when a person makes a
solicitation to multiple persons if the person unknowingly includes City officers or employees and City officers or employees do not make up more than five
percent of the total number of persons included in that solicitation.
2.
Receive, personally deliver, or attempt to personally deliver a contribution in City Hall, another City office building, or an office for which the
City pays the majority of the rent. This prohibition does not apply to the following:
a.
City property that is rented by a member of the public, unless the lease or rental agreement expressly incorporates this prohibition.
b.
A contribution that is received by mail, if it is forwarded to the candidate, the candidate’s campaign treasurer, or the candidate’s
controlled committee within seven working days of its receipt.
C.
A member of a City board or commission who is required to file a statement of economic interests or a general manager of a City department shall not
do either of the following:
1.
Solicit, direct, or receive a contribution from a person who has or, in the preceding 12 months had, a matter involving City action pending before
the board or commission member or general manager.
2.
Engage in prohibited fundraising on behalf of an elected City officer, a candidate for elected City office, or a City controlled committee. This
prohibition does not apply to members of City boards or commissions or general managers who are engaging in fundraising on behalf of their own
candidacies for elected office.
SEC. 49.7.12. TRAINING FOR CANDIDATES AND TREASURERS.
Every candidate for elected City office and every treasurer of a candidate’s City controlled committee shall attend a training program conducted or sponsored
by the Ethics Commission prior to the election at which the candidate’s name will appear on the ballot.
SEC. 49.7.13. COMMITTEES TO OPPOSE RECALL PETITIONS.
An elected City officer who is the subject of a recall petition may create a City ballot measure committee to oppose the recall petition. That committee is
subject to the same contribution limitations and other requirements as the committee to support the recall petition.
SEC. 49.7.14. CAMPAIGN STATEMENT FILING DEADLINES.
In addition to the campaign statements that must be filed pursuant to the Political Reform Act, candidates for elected City office, their City controlled
committees, City recall committees, City ballot measure committees, or committees primarily formed to support or oppose City candidates or City ballot measures
shall file campaign statements by the following dates prior to an election in which the candidate or measure appears on the ballot:
A.
The Friday before an election, covering activity through the Wednesday before the election.
B.
October 10, covering activity from July 1 through September 30 in years prior to a City primary election that is held in March of an oddnumbered year.
C.
January 10, covering activity from October 1 through December 31 in years prior to a City primary election that is held in March of an oddnumbered year.
SEC. 49.7.15. CAMPAIGN INFORMATION.
A.
In addition to the information required by State law, candidates for elected City office and their City controlled committees shall file the following
information with the Ethics Commission:
1.
A non-government email address for the candidate or committee;
2.
The campaign’s web sites, if any; and
3.
The campaign’s social media accounts, if any.
B.
If any of the information that has been filed regarding a campaign changes, the candidate or committee shall file amended information within ten days
after the change occurs.
SEC. 49.7.16. CONTRIBUTOR INFORMATION.
A.
A contribution may not be deposited into the checking account of a City controlled committee unless the following is on file in the committee's records:
1.
For individuals, the contributor's name, address, occupation, and employer.
2.
For non-individuals, the contributor's name and address.
B.
All fundraising and contribution forms with a signature line or electronic equivalent shall allow contributors the option to certify the following
information:
1.
The contribution has not been and will not be reimbursed;
2.
The contribution is not being made under another person's name unless the contributor is acting as an intermediary and has identified the
information in Subsection A. or B. for the source of the contribution;
3.
The contribution is not being made under a name other than the name by which the contributor is identified for legal purposes;
4.
The contribution does not exceed the contributor's aggregate contribution limit in Charter Section 470(c)(6);
5.
The contribution is not from a lobbyist or lobbying firm that is prohibited from contributing under Charter Section 470(c)(11); and
6.
The contribution is not from a bidder, sub-contractor, principal, or underwriting firm that is prohibited from contributing under Charter Section
470(c)(12) or Charter Section 609(e).
SEC. 49.7.17. FILING AND RECORDKEEPING REQUIREMENTS.
A.
A person required by the Charter or this Article to file a document or other item with the Ethics Commission shall do so in a method prescribed and
published by the Ethics Commission.
1.
If an electronic filing is required, the Ethics Commission shall provide a unique identifier to the person who is required to file, to be used in
place of a physical signature for submitting and verifying data under penalty of perjury. An electronic filing shall be presumed to be filed under penalty of
perjury by the filer. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
2.
If a paper filing is required, it shall contain the physical signature of the person who is required to file. It is considered filed on the earlier of the
date of receipt by the Ethics Commission or the date of the postmark if it is mailed and bears the correct address and postage.
B.
A City campaign, officeholder, legal defense, recall, ballot measure, primarily formed, or general purpose committee shall file campaign statements
electronically once the committee has received contributions or made expenditures of $10,000 or more. This requirement continues until the committee is no longer
required to file campaign statements with the Ethics Commission. A person who is not required to file electronically, may do so voluntarily.
C.
A person required by the Charter or this Article to file a document or other item with the Ethics Commission, shall prepare and retain detailed records
(including bills, receipts, and other documents) needed to comply with the filing requirement. The records shall be retained for at least four years following the
filing deadline.
SEC. 49.7.18. REPRODUCTION OF MATERIALS.
A person who reproduces, broadcasts, or distributes any material that is drafted, printed, prepared, or previously broadcast by a candidate or a City controlled
committee shall report the expenditure as a non-monetary contribution to the candidate or committee.
SEC. 49.7.19. OFFICEHOLDER EXPENSE FUND.
A.
To effectively serve and fulfill their responsibilities to residents of the City, elected City officers communicate with constituents, undertake efforts to
assure efficient City services, and engage in professional development activities. To accomplish these duties and responsibilities, an elected City officer may
establish and maintain one officeholder expense fund to pay for expenses enumerated in this Section that relate to carrying out the duties associated with holding
elected City office.
1.
A single controlled committee shall be established for the officeholder expense fund, and all expenditures made for the purposes of assisting,
serving, or communicating with constituents shall be made by that committee.
2.
The committee shall establish one checking account at an office of a financial institution located in the City for the officeholder expense fund. All contributions received in connection with the officeholder expense fund shall be deposited into that account.
B.
An expenditure from the officeholder expense fund shall be related to assisting, or serving, or communicating with constituents, or otherwise made in
connection with the official duties of the elected City officer. No expenditure may be made from an officeholder expense fund regulated by this Section unless the
expenditure falls into one or more of the following categories:
1.
Expenditures for fundraising (including solicitations by mail) for the officeholder expense fund.
2.
Expenditures for office equipment, office furnishings, and office supplies.
3.
Expenditures for office rent.
4.
Expenditures for salaries of part-time or full-time staff employed by the officeholder expense fund committee.
5.
Expenditures for consulting, research, polling, photograph, videotaping and similar services.
6.
Expenditures for conferences, meetings, receptions, and events attended in the performance of governmental duties by the officeholder or a
member of the officeholder’s staff. These expenditures may include fees for materials, registration, or admission.
7.
Expenditures for travel, including lodging, meals, and other related disbursements, incurred in the performance of governmental duties by the
officeholder, a member of the officeholder’s staff, or a member of such person’s household accompanying the person on such travel.
8.
Expenditures for meals during which the attendees conduct official City business.
9.
Expenditures for donations to organizations that have received a federal tax exemption under Internal Revenue Code Section 501(c)(3). For
purposes of this paragraph, a donation is a payment of which a majority of the expenditure could be deducted as a charitable deduction for federal income
tax purposes. A donation may be the purchase of tickets to a charitable event, provided that the majority of the ticket price would be tax deductible and that
no substantial part of the proceeds from the event will personally benefit the officeholder, any member of the officeholder’s immediate family, the
officeholder expense committee, or the committee’s treasurer.
10.
Expenditures for memberships to civic or professional organizations, if such membership serves a governmental or legislative purpose.
11.
Expenditures for an educational course or educational seminar if the course or seminar maintains or improves skills which are employed by the
officeholder or a member of the officeholder’s staff in the performance of his or her governmental responsibilities.
12.
Expenditures for advertisements in program books, testimonials, souvenir books, or other publications if the advertisement does not support or
oppose the nomination or election of a candidate for City office.
13.
Expenditures for mailings to persons within the City which provide information related to City-sponsored events, government services, the
requirements of the law or an official’s position on a particular matter on which the Council, Mayor, or a City agency is acting or has recently acted.
14.
Expenditures for the purchase of tickets to political events, where no substantial part of the proceeds will personally benefit the officeholder,
any member of the officeholder’s immediate family, or the officeholder’s committee treasurer.
15.
Expenditures for expressions of congratulations, appreciation, or condolence sent to constituents, employees, governmental officials, or other
individuals with whom the officeholder communicates in an official capacity. No more than $100 per fiscal year may be expended per individual recipient.
16.
Expenditures for conferences, meetings, receptions, and events concerning City business or issues which are officially sponsored and hosted by
the officeholder. These expenditures may include site fees, advertising brochures, invitations, materials distributed to attendees, refreshments, equipment,
services, and other incidental expenses.
17.
business.
Expenditures for events such as meetings, luncheons, and retreats attended primarily by the officeholder’s staff in the conduct of official City
18.
Expenditures for social events held by the officeholder to honor or thank members of the officeholder’s staff or in connection with a holiday
celebration attended primarily by the officeholder’s staff.
19.
Expenditures for payment of tax liabilities incurred as a result of authorized officeholder expense fund transactions.
20.
Expenditures for accounting, professional, and administrative services provided to the officeholder expense fund.
21.
Expenditures to pay for expenses that are associated with the officeholder’s campaign committee and were either unforeseen or could not
reasonably have been paid by the campaign committee.
22.
An expenditure similar to the specified expenditures if, prior to making the expenditure, the officeholder or the officeholder expense fund has
received written advice from the Ethics Commission that the expenditure is permissible pursuant to this Subsection. The Ethics Commission shall respond
to requests for such approval no more than five working days from the date a request for formal advice has been received.
C.
Officeholder expense funds may not be used for the following:
1.
Expenditures in connection with a future election for elective City office.
2.
Membership in any athletic, social, fraternal, veteran, or religious organization.
3.
Supplemental compensation for employees for performance of an act which would be required or expected of the person in the regular course of
duties as a City official or employee.
4.
Expenditures that would violate the provisions of Government Code Section 89506 or 89512 through 89519.
D.
A person may not make, and an officeholder or officeholder expense fund may not solicit or accept or cause to be solicited or accepted from a single
person, contributions or payments for legislative or governmental purposes within the meaning of Government Code Section 82015(b)(2)(B)(iii), all of which
cumulatively exceed the following during any fiscal year:
1.
$1,000 to the officeholder expense fund of a Citywide officeholder; or
2.
$500 to the officeholder expense fund of a City Council officeholder.
For purposes of this Article, a payment made for legislative or governmental purposes does not include any payments by Internal Revenue Code Section
501(c)(3) non-profit organizations and bona fide educational institutions for a salary or other remuneration to a student or other worker who serves as an intern in
the office of an elected City officer.
E.
An elected City officer or officeholder expense fund may not solicit or accept or cause to be solicited or accepted any contribution that would cause the
total of either the amount of contributions from all persons to an officeholder expense fund or the total outstanding balance of the fund during any fiscal year to
exceed $75,000.
F.
Campaign funds remaining in the campaign checking account of a candidate elected to City office shall be transferred into the officeholder expense fund
within six months after election to office. The amount of funds transferred from an officeholder’s campaign committee and from any other officeholder expense
fund account controlled by the same elective City officer shall reduce by an equal amount the contributions that may be solicited or accepted for the officeholder
expense fund during that fiscal year. A maximum of $75,000 may be transferred into the account. If the transfer equals $75,000, no contributions may be solicited
or accepted for the officeholder expense fund for the fiscal year during which the transfer is made.
G.
Expenditures from the officeholder expense fund may not exceed $75,000 in a fiscal year.
H.
From the date the elected City officer files a Declaration of Intention to Become a Candidate through the date of the election for which the declaration
was filed, officeholder expense funds may not be expended for the following:
1.
Consulting, research, polling, photography, videotaping, and similar services.
2.
Conferences, meetings, receptions, and events attended by the officeholder.
3.
Travel, including lodging, meals, and other related disbursements, incurred in the performance of governmental duties by the officeholder, a
member of the officeholder’s staff, or a member of such person’s household accompanying the person on such travel, except to the extent that the travel is in
conjunction with an organization that has received tax-exempt status under Internal Revenue Code Section 501(c)(3).
4.
Advertisements in program books, testimonials, souvenir books, or other publications.
5.
Mailings that provide information about City business when either of the following applies:
a.
The mailing consists of more than 200 substantially similar pieces; or
b.
The mailing contains the officeholder’s name (other than as part of an electronic mail or Internet address or once on a letterhead or
envelope) or photograph.
I.
An officeholder expense fund committee may not incur an expenditure for personal services unless the committee first enters into a written contract for
such services. The contract shall set forth the services to be performed and the amount that will be paid for such services (or a basis for calculating the amount).
SEC. 49.7.20. LEGAL DEFENSE FUND.
A.
Every elected City officer or candidate for elected City office may establish and maintain a legal defense fund for a civil or criminal court case or
administrative proceeding arising directly out of the conduct of an election campaign, the electoral process, or the performance of the officeholder’s governmental
activities and duties.
1.
In addition to contributions received in connection with an election to an elected City office or to defray officeholder expenses, an elected City
officer or candidate for elected City office who receives contributions for a legal defense fund may use those funds solely to defray attorney’s fees and other
legal costs incurred in the officeholder’s or candidate’s legal defense to the civil or criminal court case or administrative proceeding.
2.
The officeholder or candidate shall file with the Ethics Commission a Statement of Purpose identifying the specific civil or criminal court case or
administrative proceedings for which the legal defense fund is established. The Statement of Purpose shall be filed before any contributions are solicited or
accepted.
3.
The legal defense fund shall be named “The [name of candidate or officeholder] Legal Defense Fund for [case or proceeding number or, if a
number does not exist, a brief description of the case or proceeding]”.
4.
A single controlled committee shall be established for the legal defense fund and all expenditures shall be made by that committee.
5.
The committee shall establish one checking account at an office of a financial institution located in the City for the legal defense fund. All
contributions received in connection with the legal defense fund shall be deposited into that account.
B.
A person may not make, and an elected City officer or candidate for elected City office may not solicit or accept from a single person, contributions
totaling more than $1,000 during a fiscal year to a legal defense fund in connection with a single court case or administrative proceeding identified in the Statement
of Purpose.
C.
Within six months after the final conclusion of the case or proceeding and the payment of all debts incurred in connection with that case or proceeding,
any surplus legal defense funds may be used in connection with another legal defense fund, returned to donors on a pro rata basis, or given to the City’s General
Fund.
D.
This Section is the sole authority for soliciting or accepting contributions for the defense of an action relating to an election campaign, electoral process,
or an officeholder’s conduct in office.
SEC. 49.7.21. DISCLOSURE BY OFFICEHOLDER EXPENSE FUNDS AND LEGAL DEFENSE FUNDS.
In addition to the campaign statements required by the Political Reform Act and Section 49.7.14, elected City officers and candidates shall file campaign
statements for their officeholder expense funds and legal defense funds as follows:
A.
Except as specified in Subsection B., quarterly statements shall be filed no later than the following dates:
1.
April 30 for the quarter ending March 31;
2.
July 31 for the quarter ending June 30;
3.
October 31 for the quarter ending September 30; and
4.
January 31 for the quarter ending December 31.
B.
When the officeholder or candidate has filed a Declaration of Intent to Solicit and Receive Contributions, quarterly statements shall be filed no
later than the following dates:
1.
2.
During the year prior to the election:
a.
April 30 for the quarter ending March 31;
b.
July 31 for the quarter ending June 30;
c.
d.
During the year of the election:
a.
July 31 for the quarter ending June 30, including any activity not covered by the previous campaign statement;
b.
c.
SEC. 49.7.22. ACCEPTANCE OR REJECTION OF MATCHING FUNDS.
A.
At the time of filing the Declaration of Intention to Become a Candidate pursuant to City Election Code Section 301, each candidate shall file a
statement of acceptance or rejection of matching funds. A candidate who agrees to accept matching funds shall comply with the requirements of the program,
including but not limited to the expenditure ceilings.
B.
A candidate who has filed a statement of acceptance of matching funds may subsequently reject matching funds up to five business days after the final
filing date for the Declaration of Intention to Become a Candidate if another candidate in the same race has rejected matching funds. The candidate shall return to
the City any matching funds payments received for that election.
SEC. 49.7.23. PARTICIPATION AND QUALIFICATION REQUIREMENTS.
A.
Agreeing to participate in the matching funds program is binding on the candidate for both the primary election and the general election.
B.
A participating candidate who qualifies to receive matching funds in the primary election automatically qualifies to receive matching funds in the
general election. A participating candidate who does not qualify to receive matching funds in the primary election, may qualify to receive matching funds through
the candidate’s controlled committee for the general election.
C.
Qualification means that a participating candidate has met all of the following requirements:
1.
The candidate and the candidate’s controlled committee received qualified contributions that meet the following criteria:
a.
The contributions meet or exceed the following aggregate amounts:
i.
$25,000 for City Council candidates;
ii.
$75,000 for City Attorney and Controller candidates;
iii.
$150,000 for Mayoral candidates.
The first $500 of each contribution counts toward the threshold for Citywide candidates, and the first $250 of each contribution counts toward
the threshold for City Council candidates. Loans, pledges, and non-monetary contributions do not count toward the thresholds.
b.
The contributions are not from the candidate or the candidate’s immediate family.
c.
For regular elections, the contributions were received prior to the date of the election and after the opening of the applicable fundraising
window, as specified in Section 49.7.10 A. For special elections, the contributions were received prior to the date of the election, after the election
has been called, and after the Declaration of Intent to Solicit and Receive Contributions has been filed.
d.
Beginning with the 2015 regular City elections, the contributions were received from individuals residing within the City.
e.
Beginning with the 2015 regular City elections, the contributions include 200 contributions of at least five dollars each from individuals
residing within the City or, for City Council candidates, within the council district for which election is sought.
2.
The candidate is certified to appear on the ballot for the election and is not a write-in candidate.
3.
The candidate is opposed by a candidate running for the same office who has qualified to appear on the ballot for that election and is not a writein candidate.
4.
The candidate contributes no more than the following amounts in personal funds to the campaign:
a.
b.
$124,500 for Citywide candidates.
These amounts are subject to adjustment under Section 49.7.3.
5.
The candidate agrees in writing to participate in at least one debate with opponents in the primary election and in at least two debates with the
opponent in the general election.
6.
The candidate agrees in writing not to exceed the applicable expenditure ceilings.
7.
The candidate or the candidate’s controlled committee has filed all previously due campaign statements required by the Political Reform Act, the
Charter, this Code, or the Administrative Code.
D.
A participating candidate who violates the terms of the Matching Funds Program is disqualified from receiving matching funds for the remainder of the
election cycle.
SEC. 49.7.24. EXPENDITURE CEILINGS.
A.
Participating candidates and their controlled committees for election to City office may not make campaign expenditures above the following amounts: (Amended by Ord. No. 182,362, Eff. 1/30/13.)
B.
1.
City Council candidates: $480,000 per primary election and $400,000 per general election.
2.
Controller candidates: $1,119,000 per primary election and $840,000 per general election.
3.
City Attorney candidates: $1,259,000 per primary election and $979,000 per general election.
4.
Mayoral candidates: $2,798,000 per primary election and $2,237,000 per general election.
The expenditure ceilings are subject to adjustment under Section 49.7.3.
SEC. 49.7.25. EXPENDITURE CEILINGS LIFTED.
The applicable expenditure ceiling is no longer binding on a participating candidate in either of the following scenarios:
A.
A non-participating candidate in the same race makes campaign expenditures in excess of the expenditure ceiling; or (Amended by Ord. No.
182,362, Eff. 1/30/13.)
B.
Independent expenditure communications under Section 49.7.31 A.1. in support of or opposition to any candidate in the same race exceed, in the
aggregate, the following amounts:
1.
$77,000 in a City Council race;
2.
$155,000 in a City Attorney or Controller race;
3.
$309,000 in a Mayoral race.
These amounts are subject to adjustment under Section 49.7.3.
SEC. 49.7.26. NOTICE REGARDING EXPENDITURE CEILINGS.
A candidate shall notify the Ethics Commission on the day the candidate raises more than 100 percent of the applicable expenditure ceiling and again on the
day the candidate spends more than 100 percent of the applicable expenditure limit. The Ethics Commission shall notify all other candidates for the same office
within one business day of receiving the candidate's notice.
SEC. 49.7.27. MATCHING FUNDS FORMULA.
A.
A qualified contribution will be matched with public funds up to the following amounts:
1.
$250 per qualified contribution for City Council candidates;
2.
$500 per qualified contribution for Citywide candidates.
B.
Beginning with the 2015 regular elections, a qualified contribution will be matched with public funds at the following rates: (Amended by Ord. No.
182,362, Eff. 1/30/13.)
1.
For participating candidates who have qualified to receive matching funds but have not met the criteria in Subsection C., one dollar in matching
funds will be paid for each dollar in qualified contributions in both the primary election and the general election.
2.
For participating candidates who have qualified to receive matching funds and have met the criteria in Subsection C., two dollars in matching
funds will be paid for each dollar in qualified contributions for the primary election and four dollars in matching funds will be paid for each dollar in
qualified contributions for the general election.
3.
In a general election, each participating candidate will receive a grant of one-fifth of the amount specified in Section 49.7.29 B. upon the later of
being certified to appear on the general election ballot or qualifying to receive matching funds. The remaining four-fifths will be paid at the rate that applies
under either paragraph 1 or paragraph 2.
C.
Beginning with the 2015 regular elections, participating candidates who have qualified to receive matching funds are eligible for the rate of match in
Subsection B.2. if they submit to the City Clerk either of the following by the last date to submit nominating petitions for the primary election: (Amended by Ord.
No. 182,362, Eff. 1/30/13.)
1.
For candidates choosing not to pay a filing fee pursuant to Section 310 of the City Elections Code, a nominating petition that includes the
signatures of at least 1,000 qualified registered voters; or
2.
For candidates choosing to pay a filing fee pursuant to Section 310 of the City Elections Code, a nominating petition that includes the signatures
of at least 500 qualified registered voters and a Matching Funds Additional Signatures Form, prescribed by the Ethics Commission, that includes the
signatures of at least 500 and no more than 1,000 additional qualified registered voters of the City for Citywide candidates, or of the district for Council
candidates.
a.
The City Clerk shall review and verify the signatures on the Matching Funds Additional Signatures Form using the same process that is
used for reviewing and verifying the signatures on nominating petitions, and the City Clerk’s process for nominating petitions shall not be altered by
this requirement. The City Clerk shall only review the signatures on a candidate’s Matching Funds Additional Signatures Form after the City Clerk
has determined that the candidate has qualified for the ballot.
b.
Extra signatures that are submitted on a nominating petition but are not required for qualification for the ballot shall not be counted for
purposes of determining a candidate’s qualification for the rate of match in Subsection B.2.
c.
The signatures on the Matching Funds Additional Signatures Form that are used to qualify for the rate of match in Subsection B.2. must
be distinct from the signatures on the nominating petition that are used to qualify for the ballot, so that the candidate obtains signatures from at least
1,000 qualified registered voters of the City for Citywide candidates, or of the district for Council candidates.
d.
The City Clerk’s review of the Matching Funds Additional Signatures Form shall be completed by the last day of the City Clerk’s review
period for nominating petitions.
Within one business day after the close of the review period for nominating petitions, the City Clerk shall notify the Ethics Commission of all
candidates who have been verified as having submitted the signatures of at least 1,000 qualified registered voters.
D.
For elections occurring prior to the 2015 regular City elections, a qualified contribution will be matched with public funds at the following rates:
1.
In the primary election, two dollars in matching funds will be paid to qualified participating candidates for each dollar in qualified contributions.
2.
In the general election, each participating candidate who has qualified to receive matching funds will, upon certification for the ballot, receive a
grant of one-fifth of the amount specified in Section 49.7.29 B. upon the latter of being certified to appear on the general election ballot or qualifying to
receive matching funds. The remaining four-fifths will be paid at the rate of four dollars in matching funds for each dollar in qualified contributions.
SEC. 49.7.28. REQUESTS FOR MATCHING FUNDS PAYMENTS.
A.
A participating candidate may not request a matching funds payment for less than $10,000 in qualified contributions at any one time up to 14 days
preceding an election. Beginning 14 days before an election and ending on the last day to submit requests for payment, as identified in Administrative Code Section
24.34 (c)(3), a participating candidate may request a matching funds payment for $1,000 or more in qualified contributions at any one time.
B.
Requests for matching funds payments shall contain the information required by the Ethics Commission.
C.
A candidate who makes a request for matching funds payment and knows or should know that the request is false or that a contribution that forms the
basis of the request is misrepresented is guilty of a misdemeanor and shall return all matching funds received as a result of the request. If the candidate holds or is
elected to office, the false request constitutes a violation of official duties and, if it is deemed appropriate by a court under Charter Section 207(c), shall be removed
from office.
SEC. 49.7.29. MAXIMUM MATCHING FUNDS.
A.
The following maximum amounts may be paid to qualified participating candidates in a primary election:
1.
2.
$267,000 for Controller candidates;
3.
$300,000 for City Attorney candidates; and
4.
B. The following maximum amounts may be paid to qualified participating candidates in a general election:
1.
2.
$300,000 for Controller candidates;
3.
$350,000 for City Attorney candidates; and
4.
SEC. 49.7.30. MATCHING FUNDS PAYMENTS TO CANDIDATES.
A.
The Ethics Commission shall certify each request for matching funds payment within three business days after receiving the request.
B.
The Controller shall make matching funds payments in the amount certified by the Ethics Commission within two business days after receiving the
certification from the Ethics Commission.
C.
Except for the general election grant, a matching funds payment may not be made before the Ethics Commission determines the sufficiency of the
Public Matching Funds Trust Fund under Administrative Code Section 24.33. If the Ethics Commission determines that the balance of the Public Matching Funds
Trust Fund is not or may not be sufficient to pay the maximum matching funds to all qualified participating candidates, the Commission shall notify the Controller
to withhold amounts sufficient to ensure that each qualified participating candidate will receive a pro rata share of the applicable maximum. The amounts withheld
will be paid if the Ethics Commission subsequently determines that there is sufficient money to pay the maximum matching funds.
SEC. 49.7.31. DISCLOSURE OF INDEPENDENT EXPENDITURE COMMUNICATIONS.
A.
A person shall notify the Ethics Commission of an independent expenditure communication when either of the following occurs:
1.
2.
persons:
The person makes or incurs expenditures of $1,000 or more for the communication; or
The person makes or incurs expenditures of $100 or more for the communication and distributes the communication to the following number of
a.
200 or more persons, if the distributor is a person who qualifies as a committee under the Political Reform Act.
b.
1,000 or more persons, if the distributor is not a person who qualifies as a committee under the Political Reform Act.
Once a notification threshold is met, every subsequent expenditure made or incurred regarding that measure or candidate shall also be disclosed.
B.
The notification shall be submitted to the Ethics Commission within the following time frames:
1.
From the first date an individual may file a Declaration of Intention to Become a Candidate with the City Clerk through the date of the
associated general election, or during the 90 days prior to an election if no City candidates will be on the ballot, within 24 hours after making or incurring the
expenditures. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
2.
At all other times, within five business days after making or incurring the expenditures provided, however, in no event later than the first date an
individual may file a Declaration of Intention to Become a Candidate.
C.
The notification shall include the following:
1.
A declaration under penalty of perjury signed by the person and, if applicable, the committee treasurer, specifying the following:
a.
Each candidate or measure supported or opposed by the communication;
b.
The amount of the expenditure and the amount spent to support or oppose each candidate or measure;
c.
Whether each candidate or measure was supported or opposed;
d.
That the communication was not behested by any of the candidates who benefited from it;
e.
The dates the communication was made or distributed and any expenditure was incurred;
f.
A description of the type of communication;
g.
The name and address of the person making, distributing, or incurring the expenditures or distributing the communication;
h.
The name and address of the payee, if applicable, and any vendor that provided service for the communication;
i.
For committees, contributions of $100 or more received by the committee since the latter of the day after the closing date of the campaign
statement filed by the committee or the first day of the current calendar year. This disclosure requirement does not apply to contributions that are
earmarked for a non-City candidate or ballot measure; and
j.
Contributions of $100 or more that the person made in the current calendar year to City candidates, City controlled committees, City
ballot measure committees, City recall committees, committees primarily formed to support or oppose City candidates or measures, and City general
purpose recipient committees.
2.
A copy of the communication.
a.
If the communication is a telephone call or similar audio communication, a copy of the script and, if the communication is recorded, the
recording shall be provided.
b.
If the communication is audio or video, a copy of the script and an audio or video file shall be provided.
D.
If an independent expenditure communication supports or opposes a City candidate, the Ethics Commission staff will notify all candidates in the
affected race within one business day after receiving the required notice. The notification will indicate the candidates supported or opposed by the independent
expenditure communication, as indicated on the signed declaration, and will include a copy of the independent expenditure communication.
E.
The Ethics Commission shall post on its website, without alteration, all copies of independent expenditure communications filed with the Ethics
Commission. The Ethics Commission may not judge, comment upon, or edit the contents of an independent expenditure communication.
F.
This Section shall not apply to a news story, commentary, or editorial by a newspaper, radio station, television station, or other recognized news
medium, unless the disclaimer is required for a paid communication under Section 49.7.34. (Added by Ord. No. 182,362, Eff. 1/30/13.)
SEC. 49.7.32 DISCLOSURE OF CAMPAIGN, OFFICEHOLDER, AND LEGAL DEFENSE COMMUNICATIONS.
A.
A person who makes or distributes a campaign, officeholder, or legal defense communication to 200 or more persons shall file a copy of the
communication with the Ethics Commission within the following time frames:
1.
From the first date an individual may file a Declaration of Intention to Become a Candidate with the City Clerk through the date of the
associated general election, or during the 90 days prior to an election if no City candidate will be on the ballot, within 24 hours after making or incurring the
expenditures. (Amended by Ord. No. 182,362, Eff. 1/30/13.)
2.
At all other times, within five business days after first distributing the communication.
B.
If the campaign, officeholder, or legal defense communication is a telephone call or similar audio communication, a copy of the script and, if the
communication is recorded, the recording shall be provided.
C.
If the campaign, officeholder, or legal defense communication is audio or video, a copy of the script and an audio or video file shall be provided.
D.
All copies of campaign, officeholder, and legal defense communications that are filed with the Ethics Commission shall be posted on the Ethics
Commission’s website without alteration. The Ethics Commission may not judge, comment upon, or edit the contents of a communication.
E.
This Section shall not apply to the following: (Amended by Ord. No. 182,362, Eff. 1/30/13.)
1.
A news story, commentary, or editorial by a newspaper, radio station, television station, or other recognized news medium, unless the disclaimer
is required for a paid communication under Section 49.7.34; or
2.
Officeholder communications paid for by and distributed by a person other than a City agency or official to advertise a City sponsored
community or similar event.
SEC. 49.7.33. DISCLAIMERS ON POLITICAL COMMUNICATIONS.
A.
A person shall incorporate the following statements in a campaign, officeholder, or legal defense communication: (Amended by Ord. No. 182,362,
Eff. 1/30/13.)
1.
"Paid for by" immediately followed by the name, address, and city of that candidate or committee. The address and city are not required in an
audio communication.
a.
If the communication is made by a controlled committee, the name of the person controlling the committee shall also be included.
b.
If an acronym is used to specify a committee name, the full name of any sponsoring organization of the committee shall also be included.
2.
"Additional information is available at ethics.lacity.org." A substantially similar statement that specifies the web site may be used as an
alternative in audio communications.
B.
A committee making an independent expenditure communication under Section 49.7.31 (A) shall incorporate the following statements: (Amended by
Ord. No. 182,362, Eff. 1/30/13.)
1.
"Paid for by" immediately followed by the person's name, address, and city. If an acronym is used to specify a committee name, the full name of
the sponsoring committee shall also be included. The address and city are not required in an audio communication.
2.
"Not authorized by or coordinated with a City candidate."
3.
"Major funding provided by [names of the two contributors who gave the most to the committee in the six months prior to the date of the
payment for the independent expenditure], in the amount of [the total amount of contributions made by those contributors in the same six-month period]." However, the amount of the contributions is not required in an audio communication.
4.
"Additional information is available at ethics.lacity.org." A substantially similar statement that specifies the web site may be used as an
alternative in audio communications.
C.
A person making an independent expenditure communication under Section 49.7.31 A.2. shall incorporate the following statements:
1.
“Not authorized by or coordinated with a City candidate.”
2.
“Additional information is available at ethics.lacity.org.”
D.
All disclaimers shall be presented in a clear and conspicuous manner to give the reader, observer, or listener adequate notice. Minimum requirements
are specified below:
1.
For written communications up to 24 inches by 36 inches, disclaimers shall be printed using a typeface that is easily legible to an average reader
and is not less than 12-point type in a color that contrasts with the background on which it appears.
2.
For written communications larger than 24 inches by 36 inches, the total height of the disclaimer shall constitute at least five percent of the total
height of the communication, be printed using a typeface that is easily legible to an average reader, and be printed in a color that contrasts with the
background on which it appears.
3.
For video communications, the disclaimer shall be written in a typeface that is easily legible to an average reader, in a color that contrasts with
the background on which it appears, and shall appear for at least four seconds at either the beginning or the end of the communication. A spoken disclaimer
is also required if the written disclaimer does not appear for at least five seconds of a communication that is 30 seconds or less or for at least ten seconds of a
communication that is longer than 30 seconds. A spoken disclaimer shall be clearly audible and spoken at the same speed and volume as the rest of the
communication.
4.
For audio communications, disclaimers shall be spoken in a clearly audible manner at either the beginning or end of the communication. The
disclaimers shall be spoken at the same speed and volume as the rest of the communication and shall last at least five seconds.
E.
Disclaimers are required for all political communications that shall be disclosed under Section 49.7.31 or 49.7.32 except for small promotional items,
such as pens, pencils, mugs, potholders, and other items on which a disclaimer cannot be reasonably displayed in an easily legible typeface. (Amended by Ord.
No. 182,362, Eff. 1/30/13.)
F.
A person shall amend political communications within five business days after any information in the disclaimer changes. A committee shall be deemed
to have complied with this requirement if, within five business days, the amended communication is sent to all affected recipients with a request that the previous
communication immediately be replaced. For written communications, disclaimers shall be amended to reflect accurate disclosure information every time the
communication is reproduced.
SEC. 49.7.34. SOCIAL MEDIA ACCOUNTS.
A.
A candidate or City controlled committee that elects to use social media accounts to communicate regarding the candidate’s campaign shall include the
following statement on each account’s home page: “This account is being used for campaign purposes for [name of candidate or committee].”
1.
The statement shall be prominent, in a typeface that is easily legible to an average reader and in a color that contrasts with the background on
which it appears.
2.
The statement shall be displayed from the time the candidate or committee first begins to use the account for campaign purposes until the
election for which it is used is over.
B.
An elected City officer may not use a social media account for campaign purposes if the account is used or has been used for City purposes.
SEC. 49.7.35. BIDDER CONTRIBUTION AND FUNDRAISING RESTRICTIONS.
A.
Definitions. The following definitions apply for purposes of Charter Section 470(c)(12):
1.
“Awarding Authority” means the City Council, a City board, commission, authorized employee, or authorized officer, including those who
have control of their own special funds but excluding the City Purchasing Agent when acting pursuant to Section 9.1 of the Los Angeles Administrative
Code, who makes or enters into a contract for the provision of goods or services of any kind or nature whatsoever to, for, or on behalf of the City. References to the awarding authority shall include references to staff when working on a matter subject to this Section.
2.
“Approval by an elected City office” means approval of a contract or selection of a pre-qualified list of persons to contract with the City in any
of the following circumstances:
a.
The elected City officer or the elected City officer’s office is the awarding authority;
b.
The contract involves services provided directly to or under the supervision of the elected City officer; or
c.
The contract requires approval of the elected City officer or the elected City officer’s office pursuant to City law, executive directive, or
City Council action.
The term does not include approval by an elected City officer that is required pursuant to Charter Section 262, 271(d), or 370 for non-proprietary
departments, provided that City Council approval is not otherwise required and the elected City offices identified in those Sections are neither the awarding
authority nor supervising the services under the contract. The term does include approval by an elected City officer that is required pursuant to Charter
Section 262, 271(d), or 370 for contracts with the Harbor, Water and Power, and Airport Departments.
3.
“Bidder” means a person who bids on or submits a proposal or other response to a City contract solicitation.
4.
“Contract solicitation” means a request for proposals, request for bids, request for qualifications, or any other request, whether written or verbal,
for purposes of entering into a contract. However, a solicitation does not include a request to enter into a contract that relies on other City agency’s
competitive process if the prior City contract was subject to the Charter Section 470(c)(12) restrictions and restrictions of this Section.
5.
“Contract” means any agreement, franchise, lease, non-regulatory permit, land use license or easement, or concession, including any agreement
for occasional professional or technical personal services, for the performance of any work or service or construction, the provision of any materials, goods,
equipment, or supplies, the sale or purchase of property, the making of grants, or the rendering of any service to the City, including any proprietary
department, or to the public where all of the following apply:
a.
The contract is let, awarded, or entered into, with, or on behalf of the City or an awarding authority;
b.
The contract has an anticipated value of at least $100,000, including exercising all anticipated options; and
c.
The contract requires approval by an elected City office.
The term includes any subsequent amendment that, by itself or in combination with the original contract and any other amendments, has an anticipated
value of at least $100,000 and requires approval by an elected City office. The term also includes the selection of a pre-qualified list of persons to contract
with the City where the request for qualifications includes a not-to-exceed amount of at least $100,000 and the list selection requires approval by an elected
City office. The term does not include any contract with another government agency or a contract with an underwriting firm pursuant to Charter Section
609(e) for proprietary noncompetitive sales of revenue bonds.
6.
“Principal” means the following with regard to persons who are bidders and sub-contractors:
a.
The person’s board chair, president, chief executive officer, chief operating officer, and an individual who serves in the functional
equivalent of one or more of those positions;
7.
b.
An individual who holds an ownership interest in the person of 20 percent or more; and
c.
An individual employee of the bidder or sub-contractor authorized by the bid or proposal to represent the person before the City.
“Prohibited fundraising” means the following activities:
a.
Asking the bidder, sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor to make a contribution;
b.
Inviting the bidder, sub-contractor, or an employee, officer or principal of the bidder or sub-contractor to a fundraising event;
c.
Supplying the name of the bidder, sub-contractor, or an employee, officer or principal of the bidder or sub-contractor to be used for an
invitation to a fundraising event;
d.
Permitting one’s name to appear on a solicitation for contributions or an invitation to a fundraising event sent to the bidder, subcontractor, or an employee, officer, or principal of the bidder or sub-contractor;
e.
Providing the use of one’s home or business to hold a fundraising event if the bidder, sub-contractor or an employee, officer, or principal
of the bidder or sub-contractor attends the event;
f.
Paying for at least 20 percent of the costs of a fundraising event if the bidder, sub-contractor, or an employee, officer, or principal of the
bidder or sub-contractor attends the event;
g.
Hiring another person to conduct a fundraising event if the bidder, a sub-contractor, or an employee, officer, or principal of the bidder or
sub-contractor attends the event;
h.
Delivering a contribution, either in person or by mail, of the bidder, a sub-contractor, or an employee, officer, or principal of the bidder or
sub-contractor to the elected City officer, candidate for elected City office, or an agent of the officer or candidate; or
i.
Acting as an agent or intermediary in connection with the making of a contribution of the bidder, a sub-contractor, or an employee,
officer, or principal of the bidder or sub-contractor to an elected City officer, a candidate for elected City office, or a City controlled committee.
8.
“Sub-contractor” means a person who is expected to receive at least $100,000 as a result of performing some or all of a bidder’s contract
obligations and includes a subtenant where the subtenant is expected to receive at least $100,000 as a result of performing a portion of the contract
obligations of the contractor and is required to pay the contractor at least $100,000.
B.
For purposes of Charter Section 470(c)(12), the following apply:
1.
Timing of Fundraising and Contribution Restrictions. In addition to the restrictions provided in Charter Section 470(c)(12), except as
otherwise provided in Subsection B.5., bidders, sub-contractors, and principals may not make contributions to or engage in prohibited fundraising for elected
City officers, candidates for elected City office, or City controlled committees from the date a bid is submitted until one of the following dates:
a.
For unsuccessful bidders, the date the contract is signed or the solicitation is withdrawn or canceled.
b.
For successful bidders, 12 months after the contract is signed.
2.
Contract Solicitations and Notifications. Each awarding authority shall include in each contract solicitation the form identified in Subsection
B.3. and a description of the prohibitions and requirements of Charter Section 470(c)(12). The awarding authority shall determine whether the form is
complete for responsiveness purposes and electronically submit the form to the City Ethics Commission, in a Portable Document Format (PDF) or other
electronic format pre-approved by the Commission, within ten business days of the bid due date. The awarding authority shall either notify bidders who are
not awarded a contract of the date that the contract was signed or the contract solicitation was terminated or withdrawn or notify the bidders how they may
obtain or request the date that the contract was signed or the contract solicitation was terminated or withdrawn, unless that information is available on a City
website.
3.
Disclosure Form. As provided in Subsection B.2., every bidder shall file with the awarding authority, at the time the bid or other response is
submitted, the following information under oath in a form and format approved by the City Ethics Commission:
a.
A description of the contract, including any City reference number associated with it, or if selection is of a pre-qualified list, a short
description of the services to be provided, including any City reference number associated with it;
b.
The name of the awarding authority;
c.
The date the bid or other response was submitted to the awarding authority;
d.
The name of the bidder;
e.
The address of the bidder;
f.
The phone number of the bidder;
g.
The names and titles of the bidder’s principals;
h.
The names of the bidder’s sub-contractors;
i.
The names and titles of each sub-contractor’s principals; and
j.
A certification that the bidder understands, will comply with, and will notify its principals and sub-contractors of the prohibitions and
restrictions in this Section and Charter Section 470(c)(12).
4.
Requirement to Amend Form. If the information submitted pursuant to Subsection B.3. changes after the bid is submitted, the bidder shall
amend the form and submit it to the awarding authority within ten business days of the change. The requirement to amend the form applies whenever the
prohibitions and restrictions in Charter Section 470(c)(12) apply to the bidder, including after the contract approval for successful bidders. The awarding
authority shall electronically submit the form to the City Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved
by the Commission, within ten business days of receipt.
5.
Contract Amendments. If a contract amendment requires approval by an elected City officer and makes the total value of the contract
$100,000, or more for the first time, the prohibitions and restrictions in Charter Section 470(c)(12) apply from the date the awarding authority first discusses
the amendment and terminates 12 months after the date the amendment is approved, disapproved, or withdrawn. However, the restrictions in Charter Section
470(c)(12) do not apply to any subsequent amendments if the contract was previously subject to the restrictions and the contractor fulfilled its obligations
under the Charter and this Section.
a.
The awarding authority shall notify bidders who were not previously required to submit the form identified in Subsection B.3. of the
requirements in this Section and Charter Section 470(c)(12) at the time the awarding authority first discusses the amendment with the bidder.
b.
Bidders who were not previously required to submit the form identified in Subsection B.3. shall submit the form within ten business days
of the date the awarding authority first discusses the amendment with the bidder. The awarding authority shall electronically submit the form to the
City Ethics Commission in a Portable Document Format (PDF) or other electronic format pre-approved by the Commission within ten business days
of receipt.
c.
This provision does not apply to the exercise of an option that has been previously approved in a written contract.
6.
Business Assistance Virtual Network. In the event that the City’s Business Assistance Virtual Network or similar electronic system is used by
a bidder to submit the forms required by this Section to the awarding authority and the Business Assistance Virtual Network or similar electronic system
sends the submitted data to the City Ethics Commission, the awarding authority shall not be required to submit the form(s) to the City Ethics Commission.
C.
Violations and Debarment.
1.
In addition to any other penalties or remedies established by this Article, a person who is found to have violated this Section or Charter Section
470(c)(12) shall not be eligible to bid on or be considered for a contract, extension, or amendment unless the Ethics Commission, as a body, determines that
mitigating circumstances exist concerning such violation.
2.
The Ethics Commission, as a body, shall determine whether mitigating circumstances apply whenever a violation of this Section or Charter
Section 470(c)(12) is determined to have occurred. If the Ethics Commission determines that mitigating circumstances do not exist, the person found to be
in violation shall be debarred for the following periods of time after the Ethics Commission’s determination:
a.
One year for the first violation;
b.
Two years for the second violation;
c.
Three years for the third violation; and
d.
Four years for the fourth and subsequent violations.
3.
The Ethics Commission may adopt regulations regarding mitigating circumstances, including what constitutes mitigating circumstances and any
other information determined to be necessary.
4.
The Ethics Commission staff shall notify all agencies, departments, board and offices of a determination of debarment within ten business days
of the determination. The Ethics Commission’s determination regarding debarment is final as to all offices, departments, boards, and agencies and may not
be waived.
5.
If an awarding authority has an existing contract with a person who is identified in a debarment notice from the Ethics Commission staff, the
awarding authority shall determine in writing and, if the awarding authority is a City board, commission, or City Council, at a public meeting whether it is
the best interests of the City to terminate the contract.
6.
An awarding authority shall not determine whether a violation of this Article or any other City law regarding campaign financing, lobbying, or
governmental ethics has occurred.
7.
A person who fails to submit a complete disclosure form as required by this Section shall be deemed nonresponsive. However, an awarding
authority may award the contract to a bidder who did not submit a complete disclosure form under the following circumstances:
a.
The contract is a sole source contract for work (as defined in U.S. copyright law) that is protected under an exclusive copyright interest
or a subject matter (as defined in U.S. patent law) that is protected by a U.S. patent or a foreign patent that is enforceable in the United States; and
b.
Before awarding the contract, the awarding authority does the following:
i.
Makes a written finding that entering into the contract is in the best interests of the City; and
ii.
Notifies the contractor that the contractor, sub-contractor, and principals that, notwithstanding the failure to complete the
disclosure form, they are not relieved of their obligations to comply with the requirements of the Charter and this Section or the penalties that
may result from failing to comply with those requirements.
SEC. 49.7.36. UNDERWRITER CONTRIBUTION AND FUNDRAISING RESTRICTIONS.
A.
apply:
Definitions. For purposes of Charter Section 609(e), the definition of awarding authority in Section 49.7.35 A. applies. The following definitions also
1.
“Prohibited Fundraising” means the following activities:
a.
Asking the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor to make a
contribution;
b.
Inviting the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor to a
fundraising event;
c.
Supplying the name of the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or subcontractor to be used for an invitation to a fundraising event;
d.
Permitting one’s name to appear on a solicitation for contributions or an invitation to a fundraising event sent to the underwriting firm,
sub-contractor, or an employee or officer of one of those persons;
e.
Providing the use of one’s home or business to hold a fundraising event if the underwriting firm, sub-contractor, or an employee, officer,
or principal of the underwriting firm or sub-contractor attends the event;
f.
Paying for at least 20 percent of the costs of a fundraising event if the underwriting firm, sub-contractor, or an employee, officer, or
principal of the underwriting firm or sub-contractor attends the event;
g.
Hiring another person to conduct a fundraising event if the underwriting firm, sub-contractor, or an employee, officer, or principal of the
underwriting firm or sub-contractor attends the event;
h.
Delivering a contribution, either in person or by mail, of the underwriting firm, sub-contractor, or to an employee, officer, or principal of
the underwriting firm or sub-contractor to an elected City officer, a candidate for elected City office, or an agent of the officer or candidate; or
i.
Acting as an agent or intermediary in connection with the making of a contribution by the underwriting firm, sub-contractor, or to an or
employee, officer, or principal of the underwriting firm or sub-contractor to an elected City officer, a candidate for elected City office, or a City
controlled committee.
2.
“Sub-contractor” means a person who is expected to receive at least $100,000 as a result of performing some or all of the underwriting firm’s
contract obligations but does not include an underwriting firm member of the syndicate in the applicable revenue bond sale.
3.
“Underwriting firm” means any firm that seeks to provide underwriting services for noncompetitive sales of revenue bonds for the Airport,
Harbor, or Water and Power Departments as provided in Charter Section 609 in response to a solicitation from an awarding authority.
B.
For purposes of Charter Section 609(e), the following apply:
1.
Timing of Fundraising and Contribution Restrictions. In addition to the restrictions provided in Charter Section 609(e), underwriting firms,
sub-contractors, and principals may not make any contributions to or engage in prohibited fundraising for elected City officers, candidates for elected City
office, or City controlled committees from the date a response is submitted to a solicitation to be included on a pre-qualified list of underwriters or any
subsequent solicitation for selection of an underwriter until one of the following dates:
a.
For underwriting firms that are not selected to be on the pre-qualified list, the date the list selection is made.
b.
For underwriting firms that are on the pre-qualified list, but not selected to contract after a subsequent solicitation, and are not members
of the syndicate providing underwriting services on the sale of the revenue bonds, 12 months following the date of the list selection, and following the
solicitation, on the date of the selection of the underwriting firm for a noncompetitive bond sale, or the date the solicitation is withdrawn or canceled.
c.
For underwriting firms that are on the pre-qualified list, and are selected to contract after a subsequent solicitation, or are members of the
syndicate providing underwriting services on the sale of the revenue bonds, 12 months following the date of the list selection, and 12 months after the
underwriter selection is made.
2.
Contract Solicitations and Notifications. Each awarding authority shall include in each contract solicitation for underwriting firm services
regarding a noncompetitive sale for revenue bonds, including selection of a pre-qualified list of underwriters, the form identified in Subsection B.3. and a
description of the prohibitions and requirements in the City Charter Section 609(e) and this Section. The awarding authority shall determine whether the
form is complete for responsiveness purposes and shall electronically submit the form to the City Ethics Commission, in a Portable Document Format (PDF)
or other electronic format pre-approved by the Commission, within 10 business days of the due date of the proposals. The awarding authority shall notify
each underwriting firm that is not selected as pre-qualified underwriter or not selected as the underwriter on a particular noncompetitive sale of revenue
bonds, the date the selection was made, terminated, or withdrawn, unless that information is available on a City website.
3.
Disclosure Form. Every underwriting firm seeking to provide services regarding noncompetitive sales of revenue bonds under Charter Section
609(e) shall file with the awarding authority, at the time the response is submitted, the following information under oath in a form and format approved by
the City Ethics Commission:
a.
A description of the contract, including any City reference number associated with it, or if selection is of a pre-qualified list, a short
description of the services to be provided, including any City reference number associated with it;
b.
The name of the awarding authority;
c.
The date the bid or other response was submitted to the awarding authority;
d.
The name of the underwriting firm;
e.
The address of the underwriting firm;
f.
The phone number of the underwriting firm;
g.
The names and titles of the underwriting firm’s principals;
h.
The names of the underwriting firm’s sub-contractors;
i.
The names and titles of each sub-contractor's principals; (Amended by Ord. No. 182,362, Eff. 1/30/13.)
j.
A certification that the underwriting firm understands, will comply with, and will notify its principals and sub-contractors of the
prohibitions and restrictions in this Section and Charter Section 609(e); and (Amended by Ord. No. 182,362, Eff. 1/30/13.)
k.
A certification that the underwriting firm and its principals have not made prohibited gifts or contributions during the 12 months prior to
selection for a contract, unless the matter is only a selection of a pre-qualified list of underwriters.
4.
Requirement to Amend Form. If the information submitted pursuant to Subsection B.3. changes after the response is submitted, the
underwriting firm shall amend the form and submit it to the awarding authority within ten business days of the change. The requirement to amend the form
applies whenever the prohibitions and restrictions in Charter Section 609(e) apply to the underwriting firm, including after the contract approval for
underwriting firms that are selected or are performing underwriting service as a member of a syndicate on the revenue bond sale. The awarding authority
shall electronically submit the form to the City Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the
Commission, within 10 business days of receipt.
5.
Business Assistance Virtual Network. In the event that the City’s Business Assistance Virtual Network or similar electronic system is used by
a bidder to submit the forms required by this Section to the awarding authority and the Business Assistance Virtual Network or similar electronic system
sends the submitted data to the City Ethics Commission, the awarding authority shall not be required to submit the form(s) to the City Ethics Commission.
6.
Violations and Debarment. The provisions of Section 49.7.35 C. shall also apply to violations of this Section and Charter Section 609(e).
SEC. 49.7.37. RECORDKEEPING.
Persons subject to this Article shall keep records that demonstrate compliance with this Article and the related Charter provisions for four years.
SEC. 49.7.38. ENFORCEMENT.
A.
Criminal Enforcement.
1.
A person who knowingly or willfully violates a provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully
causes another person to violate a provision of this Article, or who aids and abets another person in the violation of a provision of this Article, is liable
under the provisions of this Section.
2.
Prosecution of a violation of this Article shall be commenced within four years after the date of the violation.
3.
A person convicted of a misdemeanor under this Article may not act as a City lobbyist or as a City contractor for four years following the date of
the conviction, unless the court specifically determines at the time of sentencing that this provision should not be applied. For purposes of this Subsection, a
plea of nolo contendere is a conviction.
B.
Civil Actions.
1.
A person who intentionally or negligently violates a provision of this Article is liable in a civil action brought by the City Attorney, the Ethics
Commission, or a person residing within the City. The amount of liability may not exceed the greater of $5,000 per violation or three times the amount the
person failed to properly report or unlawfully contributed, expended, gave, or received.
2.
If two or more persons are responsible for a violation, they are jointly and severally liable.
3.
Before filing a civil action pursuant to this Subsection, a person other than the City Attorney shall first file with the Ethics Commission a written
request for the Ethics Commission to commence an action. The request shall contain a statement of the grounds for believing a cause of action exists. The
Ethics Commission shall respond within 40 days after receiving the request and indicate whether it intends to file a civil action. If the Commission indicates
in the affirmative and files an action within 40 days after the response, no other action may be brought unless the action brought by the Ethics Commission
is dismissed without prejudice.
4.
In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the
defendant. If a judgment is entered against the defendant or defendants in an action, a private plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited into the City’s General Fund. In an action brought by the City Attorney or the Ethics Commission, the entire
amount shall be paid to the City’s General Fund.
5.
An action alleging a violation of this Article may not be filed more than four years after the date the violation occurred.
C.
Injunctive Relief. A person residing within the City, including the City Attorney, may sue for injunctive relief to enjoin violations or to compel
compliance with the provisions of this Article.
D.
Costs of Litigation. In a civil action, the court may award to a prevailing party, other than an agency, the party’s costs of litigation, including
reasonable attorneys’ fees. If the costs or fees are awarded against the City, the payment of the award is the responsibility of the City, subject to City Council
approval.
E.
Administrative Penalties. The Ethics Commission may impose penalties and issue orders for violations of this Article pursuant to its authority under
Charter Section 706(c).
F.
Liability.
1.
In addition to a committee itself, persons who qualify under the Political Reform Act as principle officers of the committee are jointly and
severally liable for violations by the committee. For City committees controlled by a candidate for elected City office, the candidate and the committee
treasurer are deemed to be principle officer.
2.
In addition to a person whose conduct is required or prohibited under this Article, an agent acting on behalf of that person is jointly and severally
liable for a violation that arises out of the agent’s actions. There is a rebuttable presumption that the following persons are agents of a committee:
a.
A current or former officer of the committee;
b.
An employee of the committee;
c.
A person who has received compensation or reimbursement from the committee; and
d.
A person who holds or has held a position within the committee organization that reasonably appears to be able to authorize expenditures
for committee activities.
3. This Subsection does not limit potential liability for persons who cause another person to violate this Article or who aids and abets another person in
a violation as described in Charter Section 706.
SEC. 49.7.39. LATE FILING PENALTIES.
In addition to any other penalties, a person who files an original statement or report after a deadline imposed by this Article is liable to the Ethics Commission
in the amount of $25 per day after the deadline until the statement or report is filed, up to a maximum of $500. Liability need not be enforced by the Ethics
Commission if its Executive Officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the Article. Liability may not be waived if a statement or report is not filed within 30 days after receiving notice from the Ethics Commission staff that the statement or report is
due.
The provisions of this Article are severable. If any provision of this Article or its application to any person or circumstance is held invalid by a court, the
remainder of this Article and the application of the provision to other persons or circumstances is not affected by that determination, to the extent that the provision
or its application can be given effect.
ARTICLE 11
MUNICIPAL MASS MAILINGS
Section
49.60
49.61
49.62
49.63
49.64
Definition.
Content.
Prohibitions.
Declaration of Candidacy.
It is the policy of the City of Los Angeles that the privilege of printing and sending newsletters or mass mailings at City expense by City officials shall be
limited according to the provisions of this article and of other applicable law in order to assist and expedite the conduct of the official business, activities, and
duties of the elected officials and employees of the City of Los Angeles.
SEC. 49.61. DEFINITION.
For the purpose of this Article 11 the term “newsletter or mass mailing” shall mean identical or nearly identical pieces of mail in an amount which exceeds
200 pieces, but does not include a form letter or other mail which is sent in response to a letter or inquiry or an official mailing required by law.
SEC. 49.62. CONTENT.
Newsletters and mass mailings printed or transmitted by or on behalf of any elected or other official of the City of Los Angeles at City expense shall relate only
to the official business of the City of Los Angeles.
A.
No card, letter, or other mail matter expressing holiday greetings from any City official unless incidental to the official business which is the subject
thereof, or soliciting a vote, or a contribution or other political support for any person or any political party, whether separate or as part of a newsletter or mass
mailing, shall be printed or mailed at City expense at any time. (Labeled A. by Ord No. 165,618, Eff. 4/21/90.)
B.
No mass mailing may be produced or sent at City expense by or on behalf of any officer or employee of the City between the time that officer or
employee files a declaration of intent to become a candidate for any elective office and the date of the election at which such person appears on the ballot. (Added
by Ord. No. 165,618, Eff. 4/21/90.)
SEC. 49.64. DECLARATION OF CANDIDACY.
No newsletter or mass mailing shall be printed or sent at City expense by or on behalf of any non-elected candidate for elective office after such person has filed
a declaration of candidacy for such office, and before the final declaration of the results of the election.
ARTICLE 12
DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION
Section
49.70
49.71
49.72
49.73
49.74
49.75
49.75[.1]
49.76
49.77
49.78
49.79
49.80
Definitions.
Employment.
Housing and Other Real Estate Transactions.
Business Establishments.
City Facilities and Services.
Educational Institutions.
Liability.
Enforcement.
Limitation on Action.
Severability.
Exceptions.
Discrimination based on sexual orientation exists in the City of Los Angeles. Such discrimination foments strife, unrest and discord and deprives the City of
the fullest utilization of its resources and capacity for development and advancement. Such discrimination poses a substantial threat to the health, safety and welfare
of the community and existing state and federal restraints on arbitrary discrimination are inadequate to meet the particular problems of this City.
1.
Business Establishment. As used in this ordinance, the term “business establishment” shall mean any entity, however organized, which furnishes
goods or services to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general
public if its membership requirements: (a) consist only of payment of fees; (b) consist of requirements under which a substantial portion of the residents of this City
could qualify.
2.
Individual. As used in this ordinance, the term “individual” shall mean the same as the term “person”. Wherever this ordinance refers to the sexual
orientation of any individual, and the individual is a group, the phrase shall mean the sexual orientation of any member of the group.
3.
Person. As used in this ordinance, the term “person” shall mean any natural person, firm, corporation, partnership or other organization, association or
group of persons however organized.
4.
Sexual Orientation. As used in this ordinance, the term “sexual orientation” shall mean an individual having or manifesting an emotional or physical
attachment to another consenting adult person or persons, or having or manifesting a preference for such attachment, or having or projecting a self-image not
associated with one’s biological maleness or one’s biological femaleness.
SEC. 49.72. EMPLOYMENT.
a.
Unlawful Employment Practices.
1.
Employers – Discrimination. It shall be an unlawful employment practice for an employer to fail or refuse to hire, or to discharge any
individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment on the basis (in
whole or in part) of such individual’s sexual orientation.
2.
Employers – Segregation. It shall be an unlawful employment practice for an employer to limit, segregate or classify employees or applicants
for employment in any manner which would deprive or tend to deprive any individual of employment opportunities, or adversely affect his or her
employment status on the basis (in whole or in part) of such individual’s sexual orientation.
3.
Employment Agencies. It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment any
individual, or otherwise to discriminate against any individual on the basis (in whole or in part) of such individual’s sexual orientation.
4.
Labor Organizations. It shall be an unlawful employment practice for a labor organization to fail or refuse to include in its membership or to
otherwise discriminate against any individual; or to limit, segregate or classify its membership; or to classify or fail or refuse to refer for employment any
individual in any way which would deprive or tend to deprive such individual of employment opportunities, or otherwise adversely affect her or his status as
an employee or as an applicant for employment on the basis (in whole or in part) of such individual’s sexual orientation.
5.
Job Training. It shall be an unlawful employment practice for an employer, an employment agency or a labor organization to discriminate
against any individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any
on-the-job training program on the basis (in whole or in part) of such individual’s sexual orientation.
6.
Advertising. It shall be an unlawful employment practice for an employer, employment agency or a labor organization to print, publish,
advertise or disseminate in anyway, any notice or advertisement with respect to employment, membership in, or any classification or referral for
employment or training by any such organization, which indicates an unlawful discriminatory practice.
b.
Subterfuge. It shall be unlawful to do any of the acts mentioned in this section for any reason that would not have been asserted wholly or partially, but
for the sexual orientation of any individual.
c.
Bona Fide Occupational Qualification Not Prohibited; Burden of Proof.
1.
Bona Fide Occupational Qualification. Nothing contained in this section shall be deemed to prohibit selection or rejection based upon a bona
fide occupational qualification.
2.
Burden of Proof. In any action brought under Sec. 49.77 of this article, if a party asserts that an otherwise unlawful discriminatory practice is
justified as a bona fide occupational qualification, that party shall have the burden of proving: (1) that the discrimination is in fact a necessary result of a
bona fide occupational qualification; and (2) that there exists no less discriminatory means of satisfying the occupational qualification.
d.
Exceptions. It shall not be unlawful discriminatory practice for an employer to observe the conditions of a bona fide employee benefit system,
provided, such systems or plans are not a subterfuge to evade the purposes of this Article; provided further that no such system shall provide an excuse for failure to
hire any individual.
SEC. 49.73. HOUSING AND OTHER REAL ESTATE TRANSACTIONS.
a.
Unlawful Real Estate Practices.
1.
Transactions Generally. It shall be an unlawful real estate practice for any person to interrupt, terminate, or fail or refuse to initiate or conduct
any transaction in real property, including but not limited to the rental thereof; to require different terms for such transaction; to include in the terms or
conditions of a transaction in real property any clause, condition or restriction; or falsely to represent that an interest in real property is not available for
transaction; on the basis (in whole or in part) of any individual’s sexual orientation.
2.
Credit and Insurance. It shall be an unlawful real estate practice for any person to refuse to lend money, guarantee the loan, accept a deed of
trust or mortgage, or otherwise refuse to make available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair or maintenance of
real property; or impose different conditions on such financing; or refuse to provide title or other insurance relating to the ownership or use of any interest in
real property; on the basis (in whole or in part) of any individual’s sexual orientation.
3.
Tenants’ Services. It shall be an unlawful real estate practice for any person to refuse or restrict facilities, services, repairs or improvements for
any tenant or lessee; on the basis (in whole or in part) of any individual’s sexual orientation.
4.
Advertising. It shall be an unlawful real estate practice for any person to make, print, publish, advertise or disseminate in anyway, any notice,
statement or advertisement with respect to a transaction or proposed transaction in real property, or with respect to financing related to any such transaction,
which unlawfully indicates or attempts to indicate any unlawful preference, limitation or discrimination.
b.
Subterfuge. It shall be unlawful to do any of the actions mentioned in this section for any reason that would not have been asserted, wholly or partially,
but for the sexual orientation of any individual.
c.
Exceptions.
1.
Owner Occupied and Small Dwellings. Nothing in this article shall be construed to apply to the rental or leasing of any housing unit in which
the owner or lessor or any member of his or her family occupies one of the living units and either (1) it is necessary for the owner or lessor to use either a
bathroom or kitchen facility in common with the prospective tenant; or (2) the structure contains less than three dwelling units.
2.
Effect on Other Laws. Nothing in this article shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space
otherwise prohibited by law.
SEC. 49.74. BUSINESS ESTABLISHMENTS.
a.
Unlawful Business Practice.
1.
Business Practices Generally. It shall be an unlawful business practice for any person to deny any individual the full and equal enjoyment of
the goods, services, facilities, privileges, advantages and accommodations of any business establishment on the basis (in whole and in part) of such
individual’s sexual orientation.
2.
Credit. It shall be an unlawful business practice for any person to deny credit to any individual on the basis (in whole or in part) of such
3.
Advertising. It shall be an unlawful business practice for any person to make, print, publish, advertise or disseminate in any way any notice,
statement or advertisement with respect to any business establishment which indicates that such establishment engages or will engage in any unlawful
business practice.
b.
Subterfuge. It shall be unlawful to do any of the acts mentioned in this section for any reason that would not have been asserted, wholly or partially,
but for the sexual orientation of any individual.
SEC. 49.75. CITY FACILITIES AND SERVICES.
a.
Unlawful Service Practices.
1.
City Facilities. It shall be an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to place
different terms and conditions on the availability of the use of any City facility on the basis (in whole or in part) of such individual’s sexual orientation.
2.
City Services. It shall be an unlawful service practice for any person to deny any individual the full and equal enjoyment of, or to impose
different terms or conditions on the availability of, any city service on the basis (in whole or in part) of such individual’s sexual orientation.
3.
Supported Facilities and Services. It shall be an unlawful service practice for any person to deny any individual the full and equal enjoyment
of, or to impose different terms and conditions upon the availability of, any service, program or facility wholly or partially funded or otherwise supported by
the City of Los Angeles, on the basis (in whole or in part) of such individual’s sexual orientation. This subsection shall not apply to any facility, service or
program which does not receive any assistance from the City of Los Angeles which is not provided to the public generally.
4.
Advertising. It shall be an unlawful service practice for any person to make, print, publish, advertise or disseminate in any way any notice,
statement or advertisement with respect to any service or facility provided by either the City of Los Angeles or an organization described in subsection 3
which indicates that the City of Los Angeles or an organization described in Subsection 3 engages in or will engage in unlawful service practices.
b.
Subterfuge. It shall be an unlawful discriminatory practice to do any of the acts mentioned in this section for any reason which would not have been
asserted, wholly or partially, but for the sexual orientation of any individual.
SEC. 49.75[.1]. EDUCATIONAL INSTITUTIONS.*
a.
Unlawful Educational Practices.
1.
Admission. It shall be an unlawful educational practice for any person to deny admission, or to impose different terms or conditions on
admission, on the basis (in whole or in part) of such individual’s sexual orientation.
2.
Services. It shall be an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose
different terms or conditions upon the availability of, any service or program offered by an educational institution on the basis (in whole or in part) of such
3.
Facilities. It shall be an unlawful educational practice for any person to deny any individual the full and equal enjoyment of, or to impose
different terms or conditions upon the availability of, any facility owned or operated by an educational institution.
4.
Advertising. It shall be an unlawful educational practice for any person to make, print, publish, advertise or disseminate in any way any notice,
statement or advertisement with respect to an educational institution which indicates that such institution engages in, or will engage in, unlawful educational
practices.
b.
Subterfuge. It shall be an unlawful discriminatory practice to do any of the acts mentioned in this section for any reason which would not have been
asserted, wholly or partially, but for the sexual orientation of any individual.
c.
Exception. It shall not be an unlawful discriminatory practice for a religious or denominational institution to limit admission, or give other preference
to applicants of the same religion.
* Editor’s note: the previous edition of this code included two sections numbered 49.75. For convenience and to allow the two sections to be distinguished, in this edition of the code this
second § 49.75 is designated “49.75[.1].”
SEC. 49.76. LIABILITY.
Any person who violates any of the provisions of this article or who aids in the violation of any provisions of this Article shall be liable for, and the court shall
award to the individual whose rights are violated, actual damages, costs, attorneys’ fees, and not less than Two Hundred Dollars ($200) but not more than Four
Hundred Dollars ($400) in addition thereto. In addition, the court may award punitive damages in a proper case.
a.
Civil Action. Any aggrieved person may enforce the provisions of this article by means of a civil action.
b.
Injunction.
1.
Any person who commits, or proposes to commit, an act in violation of this article may be enjoined therefrom by any court of competent
jurisdiction.
2.
Action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity which will
fairly and adequately represent the interests of the protected class.
SEC. 49.78. LIMITATION ON ACTION.
Actions under this article must be filed within one year of the alleged discriminatory acts.
If any part or provision of this article, or the application thereof to any person or circumstance, is held invalid, the remainder of the article, including the
application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end,
provisions of this article are severable.
a.
No part of this article shall apply to any bona fide religious organization.
b.
Notwithstanding any provision of this code to the contrary, no criminal penalties shall attach for any violation of the provisions of this article.
ARTICLE 13
PROHIBITION ON THE MANUFACTURE, SALE, ANDDISTRIBUTION OF POLYSTYRENE
PLASTICS PRODUCTS
Section
49.81
49.82
49.83
Definitions.
Prohibitions as to Certain Polystyrene Products.
Penalty.
In this article the following definitions shall apply:
“Polystyrene Plastic” means a thermoplastic petrochemical material utilizing a styrene monomoner and a blowing agent compound which is used to
produce molded expanded or extruded expanded polystyrene plastic foam.
“Polystyrene Food Packaging” means a thermoplastic petrochemical material utilizing styrene monomoner and blowing agents used for packaging
and containing food and drink materials, including, but not limited to, cups, bowls, plates, hinge carryout and sandwich containers, egg cartons, and stock
food crates.
SEC. 49.82. PROHIBITIONS AS TO CERTAIN POLYSTYRENE PRODUCTS.
On and after July 1, 1989, it is unlawful to manufacture, sell or distribute to any person in this City any product made of, or with, polystyrene plastic unless the
product is made using a blowing agent compound and meets all the following criteria:
(a)
The blowing agent compound will reduce the potential for ozone depletion by more than 95 percent compared to the ozone depletion potential
of CFC-12 (dychlorodifluorothane).
(b)
The blowing agent compound will not contribute to the formation of ozone in the lower atmosphere. The compound does not contribute to that
formation of ozone if both of the following conditions are met:
1.
The compound is not prohibited by any federal, state, regional or local regulation.
2.
The manufacture of the blowing agent compound and polystyrene plastic utilized the best available technology, as certified by an
appropriate governmental agency which has the jurisdiction to make such determinations, to control the emissions. For the purpose of this
subdivision, the phrase “best available technology” shall mean as follows:
(i)
As to an existing facility the best available retrofit control technology as defined in Section 40406 of the Health and Safety Code;
and
(ii)
As to a new facility or the expansion of an existing facility the best available control technology as defined in Section 40405 of
the Health and Safety Code.
(c)
The use of the compound has been approved by the Federal Food and Drug Administration for use in food containers.
(d)
The use of the compound does not present an significant risk to workers or public health due to its toxicity, corrosivity, flammability or other
hazardous properties.
SEC. 49.83. PENALTY.
In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this article is guilty of an infraction, which is punishable by
a fine not to exceed $50.00 for the first violation, $100 for the second violation within one year, and $250 for each additional violation within one year. Each
incident in violation of Section 49.82 shall constitute a separate violation.
ARTICLE 14
GRAFFITI REMOVAL AND RECOVERY
(Title and Article Amended by Ord. No. 180,708, Eff. 7/6/09.)
Section
49.84.1
49.84.2
49.84.3
49.84.4
49.84.5
49.84.6
49.84.7
49.84.8
49.84.9
49.84.10
49.84.11
49.84.12
49.84.13
Purpose and Intent.
Definitions.
Graffiti Prohibited.
Display of Aerosol Paint Containers and Marker Pens.
Possession of Specified Graffiti Implements Prohibited in Designated Areas.
Graffiti Declared a Public Nuisance.
Graffiti Removal at City Expense.
Remedies When Owner Refuses to Consent.
City Funds to Be Recovered.
Administrative Hearing.
Nuisance Abatement Lien.
Penalties.
Severability.
SEC. 49.84.1. PURPOSE AND INTENT.
(A)
The City Council of the City of Los Angeles finds graffiti on public or private property a blighting element that leads to depreciation of the value of
property and depreciates the value of the adjacent and surrounding properties to the extent that graffiti creates a negative impact on the entire city.
(B)
The City Council finds and determines that the power of graffiti to create fear and insecurity within the community detracts from the sense of
community enjoyed by residents making graffiti both a property crime and a social crime impacting the quality of life and freedom from intimidation that citizens
desire within their neighborhoods.
(C)
The City Council finds and determines that the spread of graffiti often leads to violence, genuine threats to life, and the perpetuation of gangs, gang
violence, and gang territories.
(D)
The City Council finds and determines that graffiti is obnoxious and a public nuisance, and must be eliminated by means of prevention, education, and
abatement to avoid the detrimental impact of such graffiti on the City and its residents, and to prevent the further spread of graffiti.
(E)
The purpose and intent of the City Council, through the adoption of this Article, is to protect public and private property from acts of vandalism and
defacement.
(A)
"Act of graffiti" means an act which causes any form of unauthorized inscription, word, figure or design to be marked, etched, scratched, drawn,
sprayed, painted or otherwise affixed on any structural component of any building, structure or other facility or upon any other property, regardless of its content or
nature and regardless of the nature of the material of that structural component or property.
(B)
"Aerosol paint container" means any aerosol container, which is adapted or made for the purpose of applying spray painting, or other substance
capable of defacing property.
(C)
"City" means the city of Los Angeles.
(D)
"Etching cream" means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard
surfaces in a manner similar to acid.
(E)
"Graffiti" means any form of unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn, sprayed, painted or
otherwise affixed to or on any surface of public or private property, including but not limited to, buildings, walls, signs, structures or places, or other surfaces,
regardless of the nature of the material of that structural component.
(F)
"Graffiti implement" means any implement capable of marking a surface to create graffiti, including but not limited to aerosol paint containers,
markers, etching devices, and gum labels.
(G)
"Gum label" means any material such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as adhesive
or glue, which cannot be removed from the surface in an intact condition and with minimal effort.
(H)
"Marker" means any indelible or permanent marker with tips exceeding four millimeters in width or similar implement containing ink that is not
water-soluble.
(I)
"Owner" means any person, firm, corporation, partnership or other entity, owning property either public or private, whose name or title appears on the
last equalized assessment role with the Los Angeles County Recorder's Office, or the lessee, tenant or other person having control or possession of the property.
SEC. 49.84.3. GRAFFITI PROHIBITED.
(A)
It is unlawful for any person to write, paint, spray, chalk, etch, or otherwise apply graffiti on public or privately owned buildings, signs, walls,
permanent or temporary structures, places, or other surfaces located on public or privately owned property within the City.
(1)
A violation of this subsection shall be subject to enforcement only through civil action, administrative fine, or nuisance abatement lien.
(B)
It is unlawful for any person owning or otherwise in control of any real property within the City to permit or allow any graffiti to be placed upon or
remain on any walls, temporary or permanent structure, places, or other surfaces located on such property when the graffiti is visible from a public street or other
public or private property.
SEC. 49.84.4. DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS.
(A)
It shall be unlawful for any person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker
pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, to store or display, or
cause to be stored or displayed, such aerosol containers or marker pens in an area accessible to the public without employee assistance in the regular course of
business pending legal sale or other disposition.
(B)
Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items
are not accessible to the public without employee assistance.
(C)
Sign Posting Requirement. (Added by Ord. No. 182,285, Eff. 11/26/12.) Every retail establishment that is subject to the provisions of Subsection
(A) shall post and display in a conspicuous location where such aerosol paint or marker pens are displayed for retail sale, the following sign:
GRAFFITI VANDALISM IS PUNISHABLE BY UP TO 3 YEARS IN COUNTY JAIL AND/OR A $50,000 FINE. THE CITY OF LOS ANGELES MAY PAY
A REWARD OF $1,000 FOR INFORMATION RESULTING IN THE IDENTIFICATION, APPREHENSION, AND CONVICTION OF PERSONS
RESPONSIBLE FOR GRAFFITI.
The sign must be clearly visible and legible to customers. The letters and numbers on said sign shall be in black lettering at least one inch in height on a white
background.
SEC. 49.84.5. POSSESSION OF SPECIFIED GRAFFITI IMPLEMENTS PROHIBITED IN DESIGNATED AREAS.
(A)
It is unlawful for any person to have in his or her possession any aerosol paint container or etching cream while in or upon any public facility, park,
playground, swimming pool, recreational facility, or other public building owned or operated by the City unless otherwise authorized by the City, where signs
forbidding such possession are displayed as provided in Subsection (B).
(B)
Posting of No Possession of Graffiti Implements Signs. At least two signs shall be conspicuously painted or posted on the outside of every public
facility, park, playground, swimming pool, recreational facility, or other public building owned or operated by the City that is subject to this regulation. The letters
and numbers on said signs shall be in black lettering at least six inches high on a white background stating:
NO POSSESSION OF AEROSAL SPRAY PAINT OR ETCHING CREAM
L.A.M.C. SEC. 49.84.5
SEC. 49.84.6. GRAFFITI DECLARED A PUBLIC NUISANCE.
Declaration of Nuisance. The City Council hereby declares and finds graffiti, which is visible from a street or other public or private property to be a nuisance
subject to abatement according to the provisions and procedures contained herein.
SEC. 49.84.7. GRAFFITI REMOVAL AT CITY EXPENSE.
(A)
Authorization to Use City Funds. Whenever the Board of Public Works or its designated representative determines that graffiti is so located on
public or private property within the City so as to be capable of being viewed by persons utilizing any public right-of-way in the City, the Board of Public Works or
its designated representative is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner
upon whose property the graffiti has been applied.
(B)
Limitations to Use of City Funds. The use of City funds as authorized in this section is limited to the following cases.
(1)
The Board of Public Works or its designated representative must approve each proposed use of City funds for the removal of graffiti. (2)
In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area.
(3)
Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent
of the public entity having jurisdiction over the structure as set forth in subsection (C), below.
(4)
Where a structure is privately owned, the removal of the graffiti by City personnel or by a private contractor under the direction of the City may
be authorized only after securing the consent of the owner as set forth in subsection (C), below.
(5)
The City reserves the right to recover City costs and expenses pursuant to this chapter, Penal Code Section 594, et seq., Code of Civil
Procedure Section 731, Civil Code Section 1714.1, Government Code Section 38771, et seq., Welfare and Institutions Code Section 742.10, et seq., and any
other remedies provided by law.
(C)
Securing Consent. The City shall obtain the written consent of the owner of the affected public or private structures prior to removal of graffiti. Owners may consent in advance to City entry onto private property for graffiti removal purposes. The City will make forms for such consent available. The
consent form shall be approved by the City and shall:
(1)
Authorize entry of City employees or contractors on the affected property to accomplish the removal of the material;
(2)
Assign to the City any cause or causes of action which the owner may have against any person or persons who deface said property with
graffiti; and
(3)
Hold the City, its officers, employees and contractors harmless from all liability arising out of the entry on the property or the work of removing
the material.
(D)
In any instance where the owner of the affected property or structure caused, materially contributed, or voluntarily consented to the placement of the
graffiti, the owner may be held financially responsible pursuant to Section 49.84.8 of this Article.
SEC. 49.84.8. REMEDIES WHEN OWNER REFUSES TO CONSENT.
(A)
Vacant Property. If the City requested consent from an owner to remove or abate graffiti and that owner refused or failed to consent, the City may
commence abatement and cost recovery proceedings for the removal of the graffiti pursuant to the provisions of Section 91.8904 et seq. of this Code, and any other
remedies provided by law.
(B)
Occupied Buildings and Premises. If the City requested consent from an owner to remove or abate graffiti and that owner refused or failed to
consent, the City may pursue other remedies provided by this Article, Section 91.8903 et seq. of this Code, and any other remedies provided by law.
SEC. 49.84.9. CITY FUNDS TO BE RECOVERED.
(A)
Recovery of Costs. The City shall recover all costs incurred to remove graffiti and repair or replace graffiti damaged real or personal property within
the City. These costs may be recovered as follows:
(1)
Criminal Prosecution. A person who suffers a conviction for committing an act of graffiti who is granted probation, or any minor who is
found to be a person described in California Welfare and Institutions Code Section 602 as a result of committing an act of graffiti shall make restitution to
the victim, in addition to any other penalties prescribed by law.
(2)
Civil Action.
(a)
Adult Defendants. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the Superior
Court to obtain a money judgment against the defendant for any amount not ordered or collected by the criminal court, including, but not limited to,
all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement.
(b)
Juvenile Offender. The City Attorney may bring and maintain a civil action in the name of the City of Los Angeles in the Superior
Court to obtain a money judgment against the juvenile offender and/or his or her parent(s) or guardian(s) having custody and control of the minor for
any amount not ordered or collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in
connection with the civil prosecution of any claim for damages or reimbursement.
(c)
Parental Liability. Any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or
business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all attorney's fees, court costs, and civil
penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement up to twenty-five thousand dollars ($25,000).
(3)
Administrative Hearing. An administrative order may be sought for violations relating to graffiti offenses against the responsible person(s)
and/or, if the responsible person is a minor, against the parent(s) or guardian(s) having custody and control of the minor.
(4)
Lien and Personal Obligation. The expense of abating the graffiti nuisance shall constitute a lien against, and be a personal obligation of, the
minor or other person creating, causing, or committing the nuisance. The parent(s) or guardian(s) having custody and control of the minor shall be jointly
and severally liable with the minor for the expense of abatement.
(B)
Selecting the Remedy. Selecting the appropriate remedy to be sought lies within the sole discretion of the Los Angeles City Attorney's office and
shall be consistent with the purpose and intent of this Article. This includes, but is not limited to, alternative sentencing options, such as parenting classes,
counseling, and other forms of remedial education.
(C)
Disposition of Funds Collected. All funds collected pursuant to this section shall be deposited into the Graffiti Technology and Recovery Fund
established pursuant to the Los Angeles Administrative Code Sections 5.552, 5.553 and 5.554. These monies shall be utilized for the purposes authorized for
expenditure from that Fund.
(D)
Remedies Not Exclusive. Remedies provided for the enforcement of this Article are in addition to and do not supersede or limit any and all other
remedies provided by law. The remedies provided herein are cumulative and not exclusive.
SEC. 49.84.10. ADMINISTRATIVE HEARING.
(A)
Administrative Fines.
(1)
Whenever an enforcement officer determines that a violation of a provision of this Article has occurred, the enforcement officer is authorized to
issue a notice of violation to the responsible person(s). If the responsible person is a minor, the enforcement officer is authorized to issue a notice of
violation to the parent(s) or guardian(s) having custody and control of the minor.
(2)
Each violation of any provision of this Article and each separate offense designated by this Article shall be subject to an administrative fine, as
provided for in this Section.
(3)
The amount of the administrative fine shall be determined by the enforcement officer, based upon the penalty schedule set forth in Subdivision
(4) of this Section, subject to the following limitations:
(a)
Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty
amounts for infractions set forth in subdivision (b) of Section 36900 of the California Government Code.
(b)
(4)
For all other violations of this Article, the amount of the administrative fine shall not exceed one-thousand dollars ($1,000).
The administrative fine levied for a violation of this Article shall be in the following amounts:
(a)
For the first offense by a fine of two hundred fifty dollars ($250); or
(b)
For a second offense by a fine of five hundred dollars ($500); or
(c)
For a third or any subsequent offense by a fine of one thousand dollars ($1,000).
(B)
Service Procedures for Issuing Administrative Citations. An administrative citation in a form approved by the City may be issued to the
responsible party by an enforcement officer for violations of those sections set forth in this Article in the following manner:
(1)
Personal Service. In any case where an administrative citation is issued to an individual the enforcement officer shall attempt to:
(a)
Locate the individual and serve the administrative citation to the responsible person or party. If the responsible person is a minor, the
enforcement officer shall also attempt to serve the administrative citation on the parent(s) or guardian(s) having custody and control of the minor.
(b)
Obtain on the administrative citation the signature of the person in violation of this Code.
(c)
If the responsible person or party served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect
the validity of the citation or of subsequent proceedings.
(2)
Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person for the violation, the administrative citation
shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. If the responsible person is a minor, the administrative
citation shall be mailed to the parent(s) or guardian(s) having custody and control of the minor by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective
pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(C)
Contents of Administrative Citations. Administrative citations shall contain all of the following information:
(1)
The date and location of the violation and the approximate time the violation was observed;
(2)
The Code Section violated and a description of how the Section was violated;
(3)
The action required to correct the violation;
(4)
The consequences of failing to correct the violation;
(5)
The amount of penalty imposed for the violation;
(6)
Information regarding the procedure to contest the citation;
(7)
The signature of the enforcement officer and the signature of the responsible person if that person can be located and will sign the citation, as set
forth in this section.
(D)
Satisfaction of Administrative Citation.
(1)
Upon receipt of a citation, the responsible party shall either:
(a)
Pay the Penalty. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant
to Paragraph (d), below; or
(b)
Perform Community Service or Parenting Classes. Any responsible person(s) served with an administrative citation pursuant to this
Section may request to perform community service or attend parenting classes in lieu of payment of the administrative penalty pursuant to
subdivision (F) of this Section; or
(c)
Remedy the Violation. If the violation is of a nature that it can be remedied, and the responsible party remedies it within the time
indicated on the citation, upon providing proof of correction to the enforcement officer the responsible party shall pay only the administrative
reimbursement portion of the penalty; or
(d)
Request an Administrative Hearing. If the responsible party chooses to contest the citation, the party shall submit a request to do so
no later than 15 calendar days, excluding weekends and holidays, after service of the citation. The request shall be submitted in writing as directed
on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full
amount of the penalty, inclusive of the administrative reimbursement portion, or written proof of financial hardship, which at a minimum must
include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible party is
unable to deposit the penalty. A hearing will not be scheduled unless the full amount of the penalty is deposited, or the City finds the responsible
party financially unable to do so and waives the deposit requirement.
(2)
In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in Paragraphs (a), (b) (c) or (d) above,
then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt.
(E)
Administrative Hearings and Appeal Process.
(1)
Appointment of Administrative Hearing Officer. Within 180 days of the effective date of this Section, the City Attorney's Office, with the
City Council's approval, shall create an administrative hearing and appeals process that is consistent with this Article and with due process principles,
including the selection and appointment of one or more independent Administrative Hearing Officers, who shall be responsible for conducting administrative
hearings authorized under this Article. Until such time, no enforcement officer may issue an administrative citation under this Section.
(2)
error.
Pre-hearing Dismissal of Citation. The City may dismiss an administrative citation at any time if it is determined to have been issued in
(3)
Time for Administrative Hearing. The administrative hearing shall be scheduled no later than 90 days after receipt of the request for a hearing
to contest the citation. The responsible party will be notified in writing at least ten days prior to the date of the hearing by first class mail of the date and
time of the hearing.
(4)
Request for Continuance of Hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing
begin later than 90 days after receipt of the request for hearing from the responsible person.
(5)
Failure to Attend Administrative Hearing. The individual to whom an administrative citation is issued, or that person's representative, may
attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose.
(a)
If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an Appearance by Written
Declaration on the form provided by the City for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Administrative Hearing Officer shall dismiss the challenge to the administrative citation, and shall issue a written
notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed
himself or herself of the right to an administrative hearing as provided in this Article.
(b)
An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as
provided in this Article may request in writing that his or her challenge to the citation be dismissed and the hearing canceled. Upon receipt of a
request to dismiss a challenge to the administrative citation, the City shall cancel the pending hearing, and issue a written notice to that effect. Any
individual who requests the dismissal of a challenge to an administrative citation under this Section shall be deemed never to have availed himself or
herself of the right to an administrative hearing as provided in this Article.
(6)
Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each
party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an
administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not
required to participate in the hearing. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of evidence in deciding
the issues. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must
be authenticated to the satisfaction of the Administrative Hearing Officer.
(7)
Decision of Administrative Hearing Officer. At the conclusion of the hearing or within 15 days thereafter, the Administrative Hearing Officer
shall render a decision as follows:
(a)
Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the citation,
inclusive of the administrative reimbursement portion, and if the violation has not been corrected as of the date of the hearing, order correction of the
violation; or
(b)
Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of
mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the citation, or no penalty at all, and impose a lesser fine, if
any, and if the violation has not been corrected as of the date of the hearing, order that the violation be corrected; or
(c)
Code.
Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the
(8)
Issuance of Administrative Order. The Administrative Hearing Officer shall issue a written decision entitled "Administrative Order" no later
than 15 days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible person by first
class mail, or if that method fails, by any one of the other methods set forth in this Section. The Administrative Order shall become final on the date of
mailing or other service, and shall notify the responsible person of his or her right to appeal as provided below in this Section. The Administrative Order
shall also (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than 20 days
from the date of mailing or other service, or (ii) if the hearing officer determines as described in Subdivisions (7)(b) or (7)(c) immediately above, and the
responsible party has deposited the penalty with the City, order a partial or full refund of the deposit.
(9)
Appeal of Administrative Order. Within 20 days after mailing or other service of the Administrative Order to the responsible person, he or
she may seek review of the Administrative Order by filing a notice of appeal with the Superior Court, pursuant to California Government Code Section
53069.4. The responsible person shall serve upon the City Clerk either in person or by first-class mail a copy of the notice of appeal. If the responsible
person fails to timely file a notice of appeal, the Administrative Order shall be deemed final.
(F)
Request to Perform Community Service or Parenting Classes. Any responsible person(s) served with an administrative citation and/or issued an
Administrative Order pursuant to this Section may request to perform community service or attend parenting classes in lieu of payment of the administrative
penalty. Community service and parenting classes must be in a program approved by the issuing department.
(1)
Written Request. Any eligible responsible person(s) served with an administrative citation who requests permission to perform community
service or attend parenting classes in lieu of payment of the administrative penalty, as provided in Subsection (F), must make the request in writing and file
it with the issuing department no later than fifteen (15) calendar days, excluding weekends and holidays, after service of the citation. Any eligible
responsible person(s) issued an Administrative Order who requests permission to perform community service or attend parenting classes in lieu of payment
of the administrative penalty, as provided in Subsection (F), must make the request in writing and file it with the issuing department no later than twenty
(20) days after mailing or other service of the administrative Order. All requests made pursuant to Subsection (F) must include the address of the
responsible person(s) for the purpose of correspondence by the issuing department.
(2)
Notification. The issuing department shall notify the responsible person(s) by first class mail, postage prepaid, whether the request to perform
community service or attend parenting classes has been approved, and if approved, shall identify the program(s) that the responsible person must complete,
and the date by which such program shall be completed. The decision to grant or deny the request shall be in the sole discretion of the issuing department. In the event the issuing department denies the request to perform community service or attend parenting classes, the administrative penalty otherwise
payable as set forth in the administrative citation and/or Administrative Order previously served on the responsible person(s) shall be made by the date
specified in the notice denying the request to perform community service or attend parenting classes.
(3)
Suspension of Administrative Penalty. The obligation to pay the administrative penalty otherwise required shall be suspended during the time
period provided for completion of the approved program as set forth in the written notification approving the request sent by the issuing department under
Paragraph (2), above.
(4)
Proof of Completion. The responsible person(s) shall provide proof of completion of the approved program by submitting, to the issuing
department within five (5) calendar days following the date by which the program was to be completed, a certificate of completion issued by the program
provider. Failure to present such proof within the required time period shall result in the reinstatement of the administrative penalty otherwise due as stated
in the administrative citation or Administrative Order without further notification by the issuing department. Payment of the amount due shall be made
within seven (7) calendar days of the date by which the program was to be completed as specified in the notice provided under Paragraph (2), above.
(G)
Failure to Comply with Administrative Order. In addition to any other remedy provided by law, if the responsible person fails to comply with the
Administrative Order, the City may use any other legal remedy available to gain compliance with the Administrative Order.
(H)
Disposition of Collected Administrative Fines. The fines recovered pursuant to this section shall be deposited into the Graffiti Technology and
Recovery Fund established pursuant to Los Angeles Administrative Code Sections 5.552, 5.553 and 5.554.
(I)
Definitions. For purposes of this Section, the following definitions apply:
(1)
"Enforcement Officer" means any peace officer or probation officer delegated with the power to enforce any provision of this Code.
(2)
"Issuing Department" means the City department that has authority and responsibility for enforcing and prosecuting the Code section that is
the subject of the administrative citation.
(3)
"Responsible Person" means any person who is responsible for, or alleged to be responsible for, a violation and/or any parent or guardian
having custody and control of a minor committing such violation, on a joint and several basis with such minor, provided such minor and parent or guardian
are each served with notice of violation.
SEC. 49.84.11. NUISANCE ABATEMENT LIEN.
(A)
Summary Abatement. The City may summarily abate any nuisance resulting from the defacement of the property of another by graffiti or any other
inscribed material at the expense of the minor or other person creating, causing, or committing the nuisance and make the expense of abatement of the nuisance a
lien against the property of the person and a personal obligation against that person.
(1)
The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of
Section 594, 594.3, 640.5, 640.6, or 640.7 of the California Penal Code.
(2)
In the case of a minor, responsibility shall be presumed by any confession, admission, or by the minor being declared a ward of the juvenile
court pursuant to Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or
640.7 of the Penal Code
(B)
Joint and Several Liability of Parent(s) or Guardian(s). The parent or guardian having custody and control of a minor committing a nuisance
described in Subsection (A), shall be jointly and severally liable with the minor for the expense of abatement. The unpaid expense of abatement of any nuisance
resulting from the defacement of the property of another by graffiti or any other inscribed material shall become a lien against the property of a parent or guardian
having custody and control of the minor, and a personal obligation against the parent or guardian having custody and control of the minor.
(C)
Definitions. For purposes of this Section, the following definitions apply:
(1)
"Expense of abatement" includes, but is not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material,
costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in identifying and apprehending the minor or other
person.
(2)
"Minor" or "other person" means a minor or other person who has confessed to, admitted to, or pled guilty or nolo contendere to a violation
of Section 594, 594.3, 640.5, 640.6, or 640.7 of the California Penal Code; or a minor convicted by final judgment of a violation of Section 594, 594.3,
640.5, 640.6, or 640.7 of the California Penal Code; or a minor declared a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions
Code by reason of the commission of an act prohibited by Section 594, 594.3, 640.5, 640.6 or 640.7 of the Penal Code.
(D)
Procedures.
(1)
Collection of Expenses of Abatement. Upon the determination of the expense of abatement, the City, Board of Public Works or its designated
representative, shall send an abatement expense statement to the responsible person(s) pursuant to Subsection (A), and if applicable, Subsection (B), above. Payment shall be due fifteen (15) calendar days from the service of the abatement expense statement.
(2)
Notice and Hearing.
(a)
Within ten (10) calendar days of the mailing of the abatement expense statement, any person served with an abatement expense
statement may file with the City representative who issued the statement, a written request for a hearing on the correctness, reasonableness, or both of
such claim of abatement costs.
(b)
Upon receipt of the written request for a hearing, the City representative who issued the statement shall send notice describing the time
and place of such hearing by the United States mail, postage prepaid, addressed to the requesting party's last-known address at least five days in
advance of the hearing. (c)
At the hearing, upon request, the city representative shall receive all evidence presented by the responsible person and by the City. Thereupon, the City representative shall make such revision, correction, and modification to the statement as deemed warranted, after which the
statement as submitted, or as revised, corrected, or modified, shall be confirmed. The decision of the City representative shall be final.
(d)
Suspension of Abatement Costs. The obligation to pay the expenses of abatement otherwise required under subsection (D)(1) of this
section shall be suspended during the pendency of any hearing provided for under this Subsection. Upon the City representative rendering his or her
decision following a hearing, payment of the confirmed or otherwise revised, corrected, or modified abatement expense statement shall be made
within ten (10) calendar days following service of the City representative's decision upon the responsible person.
(3)
Lien Against Property for Unpaid Expenses.
(a)
The City may make the unpaid expenses of abatement a lien against the property of the person committing a nuisance described in
Subsection (A), above, and, where such person is a minor, against the property of the parent or guardian having custody and control of such minor.
(b)
Notice of Intent to Lien. Notice of Intent to record a lien shall be given to the minor or other person and to the parent or guardian
having custody and control of the minor prior to the recordation of any lien. Said notice shall be served in the same manner as a civil action in
accordance with the Code of Civil Procedure Section 415.10. If the minor or other person, and/or the parent or guardian having custody and control
of the minor, after diligent search, cannot be found, the notice may be served by posting a copy of the Notice in a conspicuous place upon the
property for a period ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is
located pursuant to Government Code Section 6062.
(c)
Recordation. A graffiti nuisance abatement lien shall be recorded in the County Recorder's Office in the county in which the parcel of
land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.
(d)
Specific Data. A graffiti nuisance abatement lien authorized by this section shall specify the amount of the lien; the name of the agency
on whose behalf the lien is imposed; the date of the abatement order; the street address, legal description, and assessor's parcel number of the parcel
on which the lien is imposed; and the name and address of the recorded owner of the parcel.
(e)
Discharge. If the lien is discharged, released, or satisfied through payment or foreclosure, notice of the discharge containing the
information specified in Subsection (d), above, shall be recorded by the governmental agency. A graffiti nuisance abatement lien and the release of
the lien shall be indexed in the grantor-grantee index.
(f)
A graffiti nuisance abatement lien may be satisfied through foreclosure in an action brought by the City.
(g)
The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing
notice to the property owner as part of its foreclosure action to enforce the lien.
(E)
Alternative Procedure for Assessment.
(1)
As an alternative to the nuisance lien described in subsection (A) and (B), above, the City may make the costs associated with the expense of
abatement, as defined in Subsection (C), above, a special assessment against the parcel of land owned by the person committing a nuisance described in
Subsection (A), above, and, where such person is a minor, against the property of the parent or guardian having custody and control of such minor.
(2)
The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the
same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes pursuant to Government Code Section
38773.7.
(F)
Second or Subsequent Civil or Criminal Judgment.
(1)
Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property or a minor or
other person as defined in this Section is responsible for a condition that may be abated in accordance with this provision, except of conditions abated
pursuant to Section 17980 of the Health and Safety Code, the court may order that person to pay treble the costs of the abatement.
SEC. 49.84.12. PENALTIES.
(A)
Criminal Penalties.
(1)
The civil and administrative penalties set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this
Code or by other law.
(B)
Civil Penalties.
(1)
Irrespective of and cumulative to any criminal conviction for an act of graffiti or any final adjudication by the Juvenile Court or placement on a
supervised program by the probation officer under the provisions of the Welfare and Institutions Code of the State of California for such act, any person who
violates any provision or fails to comply with any requirement or provision of this Article, shall be liable for a civil penalty in a civil action brought by the
City Attorney in an amount not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct and each separate and distinct
property victimized by an act of graffiti shall be considered a separate and distinct violation. The civil penalty prescribed by this Subsection may be sought
in addition to, and not in lieu of, any other remedy, including, but not limited to, criminal remedies, injunctive relief, specific performance, or any other
remedy.
(2)
Determining the Amount. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including but not
limited to: costs to the City relating to cleanup of graffiti caused by such person, costs to law enforcement incurred in identifying and apprehending such
person, special costs to the City in the form of the payment of any reward in connection with any criminal action against such person, the degree of offense
to the public as determined by the magnitude, form and visual prominence of the graffiti, the history of previous violations by the person committing graffiti,
the assets, liabilities and net worth of the person, and any corrective action taken by the person committing the graffiti.
(3)
Disposition of Penalties Collected. All civil penalties collected shall be deposited into the Graffiti Technology and Recovery Fund established
pursuant to Los Angeles Administrative Code Sections 5.552, 5.553 and 5.554.
(C)
Administrative Penalties.
(1)
Any person who violates any provision or fails to comply with any requirement or provision of this Article shall be subject to an administrative
fine as specified in Section 49.93.
(a)
The administrative fine prescribed by this Subsection may be sought in addition to, and not in lieu of, any other remedy, including, but
not limited to, criminal remedies, injunctive relief, specific performance, or any other remedy.
(2)
Disposition of Penalties Collected. All administrative penalties collected shall be deposited into the Graffiti Technology and Recovery Fund
established pursuant to Los Angeles Administrative Code Sections 5.552, 5.553 and 5.554.
If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would have
passed this Article and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may
be declared invalid or unconstitutional.
ARTICLE 14.1
EVICTION OF TENANTS FROM FORECLOSED RESIDENTIAL RENTAL PROPERTIES
Section
49.90
49.91
49.92
49.93
49.94
49.95
Purpose.
Definitions.
Evictions.
Remedies.
Promulgation of Rules and Regulations.
Sunset Provision.
The purpose of this Article is to prevent the displacement of tenants and the loss of rental units in the City of Los Angeles due to the foreclosure of the
property, and to prevent homelessness and nuisances and blight caused by vacant foreclosed properties.
The following words and phrases, whenever used in this Article, shall be construed as defined in this Section. Words and phrases not defined in this Section
shall be construed as defined in Section 151.02 of this Code.
Foreclosure: The reversion or transfer of title to a property to a lender, mortgagee, or beneficiary of a deed of trust, or an agent thereof, in full or
partial satisfaction of a defaulted obligation.
Rental Unit: All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code, and all housing
accommodations as defined in Government Code Section 12927, and duplexes and condominiums in the City of Los Angeles, rented or offered for rent for
living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection
with the use or occupancy thereof, including garage and parking facilities. This term shall also include mobile homes, whether rent is paid for the mobile
home and the land upon which the mobile home is located, or rent is paid for the land alone. Further, it shall include recreational vehicles, as defined in
California Civil Code Section 799.29 if located in a mobilehome park or recreational vehicle park, whether rent is paid for the recreational vehicle and the
land upon which it is located, or rent is paid for the land alone. The term "Rental Unit" shall not include accommodations that are exempt from the Rent
Stabilization Ordinance of the City of Los Angeles by any of the following provisions:
Paragraph 2., 3., 4., 5., 9., 10., or 11. of the definition of "Rental Units" in Section 151.02 of this Code.
SEC. 49.92. EVICTIONS.
A landlord who obtains title through Foreclosure to property containing Rental Units may bring an action to recover possession of a Rental Unit on the
property from a tenant whose tenancy commenced on or before the date that the landlord obtained title, only upon the grounds set forth in Subdivision A. of Section
151.09 of this Code. To recover possession of a Rental Unit from a tenant, the landlord must comply with all of the requirements and provisions of Section 151.09,
including, without limitation, the payment of relocation fees required pursuant to the provisions of Subsection G. of Section 151.09.
In addition to all remedies and penalties provided by law, any person who violates the provisions of this Article shall be subject to the provisions of
Subsections B. and C. of Section 151.10 of this Code.
SEC. 49.94. PROMULGATION OF RULES AND REGULATIONS.
The Rent Adjustment Commission of the City of Los Angeles and the Los Angeles Housing Department shall have the authority to adopt policies, rules and
regulations to effectuate the purposes of this Article, and to implement, administer, and enforce the provisions of this Article.
SEC. 49.95. SUNSET PROVISION.
The provisions of this Article shall be in effect through December 31, 2013, unless the City Council acts by ordinance to amend this Section to extend its
effective period.
ARTICLE 15
URGENT REPAIR PROGRAM
Section
50.00
Urgent Repair Program.
SEC. 50.00. URGENT REPAIR PROGRAM.
A.
Statement of Purpose. The Urgent Repair Program (“URP”) will give the City a powerful new tool in the City’s effort to alleviate substandard
conditions in the City’s worst slum properties.
The purpose of this new program is to immediately address critical habitability problems in multi-family buildings where the la

CHAPTER IV PUBLIC WELFARE

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