Los Angeles Municipal Code § 41.40 Noise Due to Construction, Excavation Work – When Prohibited

Section

• 41.03 Lookouts for Illegal Acts.

• 41.14 Injury to Public Property.

• 41.16 Snuff – Throwing of.

• 41.17 Library Books – Retention After Notice.

41.18 Sitting, Lying, or Sleeping or Storing, Using, Maintaining, or Placing Personal Property in the Public Right-of-Way.

• 41.19 Public Assemblages – Obstructing Entrance.

• 41.20 Closure of Streets.

• 41.20.1 Special Event Application Process and Definitions.

• 41.21 Cutting into Gasoline Lines Prohibited.

• 41.22 Loitering – River Bed.

• 41.23 Trespass on Housing Authority Property.

• 41.24 Trespass on Private Property.

• 41.27 Intoxication.

• 41.29 Hand Organs on Streets.

• 41.30 Spite Fences.

• 41.31 Trees – Injury to.

• 41.32 Theatres – Sound Amplifiers.

• 41.33 Landlords – Disturbing Tenants.

• 41.34 Pesticides – Notice to Tenants.

• 41.38 Use of Certain Signs on Vehicles Prohibited.

• 41.39 Stowaways – Entry a Misdemeanor.

• 41.40 Noise Due to Construction, Excavation Work – When Prohibited.

• 41.41 Evading Payment of Admission Fee.

• 41.42 Music Reproducing Devices – Hours of Operation.

• 41.43.1 Door to Door Selling or Soliciting.

• 41.44 Miniature Golf Courses and Driving Fairways.

• 41.45 Unauthorized Removal, Use or Possession of Shopping Carts.

• 41.46 Sidewalks – Cleaning of.

• 41.47 Water Closets – Use of.

• 41.47.1 Restroom Facilities.

• 41.47.2 Urinating or Defecating in Public.

• 41.48 Restaurants – Minimum Light Intensity.

• 41.49 Hotel Registers and Room Rentals.

• 41.50 Smoking Prohibited in Designated Areas.

• 41.50.1 Use of Smokeless Tobacco Prohibited at Event Sites for Organized Sporting Events.

• 41.51 Smoking in Elevators Prohibited.

• 41.52 Smoking in Buses.

• 41.53 Public Bath Houses.

• 41.54 Fishing Within One Mile of Public Sewer Outlet.

• 41.55 Oil – Discharge in Ocean and Beaches.

• 41.56 Unlawful Activities at Sporting Events, Theatricals and Exhibitions.

• 41.57 Loud and Raucous Noise Prohibited.

• 41.58 Loud Party Second Response Fee.

• 41.58.1 Loud or Unruly Gatherings.

• 41.59 Prohibition Against Certain Forms of Aggressive Solicitation.

• 41.60 Hospitals; Patient Transport.

41.70 Nuisance Abatement of Motor Vehicles Used in the Commission or Attempted Commission of an Act That Violates California Penal Code Section 266(h), or 266(i), or 374.3, or 647(b).

• 41.70.1 Nuisance Vehicles – Controlled Substances.

• 41.70.2 Nuisance Vehicles – Speed Contests and Exhibitions of Speed.

• 41.70.3 Nuisance Vehicles – Illegal Dumping.

• 41.71 Gang-Related Nuisance Vehicle Forfeiture.

• 41.72 Counterfeit Goods Nuisance Abatement Law.

(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.

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.

No person shall throw, blow or otherwise scatter on any street, sidewalk, restaurant, café, 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.

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.

(Title and Section amended by Ord. No. 187,127, Eff. 9/3/21.)

(a) No person shall obstruct a street, sidewalk, or other public right-of-way:

(1) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

(2) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within ten feet of any operational or utilizable driveway or loading dock;

(3) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within five feet of any operational or utilizable building entrance or exit;

(4) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within two feet of any fire hydrant, fire plug, or other fire department connection;

(5) by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit.

(b) No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public right-of-way, as specified.

(c) Except as limited by Subsection (d), no person shall:

(1) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a property designated as a sensitive use. For a property to be designated as a “sensitive use”, the property must be a Public Park, or Public Library, as those terms are defined in Section 105.01 of this Code; (Amended by Ord. No. 187,586, Eff. 9/18/22.)

(2) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a designated overpass, underpass, freeway ramp, tunnel, bridge, pedestrian bridge, subway, wash, spreading ground, or active railway, where the City Council determines, in the designating resolution, that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that sleeping or lodging within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;

(3) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way, within the distance stated on the posted signage (up to a maximum of 1,000 feet) of a designated facility, opened after January 1, 2018, that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center;

(4) sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right-of-way that has been posted with signage prohibiting sitting, lying, sleeping, or storing, using, maintaining, or placing personal property. In order to designate a section of street, sidewalk, or other public right-of-way as prohibited under this subdivision, the City Council shall determine, in a designating resolution and based on specific documentation, that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety. Such circumstances may include, but are not limited to: (i) the death or serious bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or violent crimes, including human trafficking, at the location; or (iii) the occurrence of fires that resulted in a fire department response to the location. For each such location, a prohibition pursuant to this subdivision shall be effective for a period of time specified in the resolution, but not to exceed one year.

(d) No person shall be found to be in violation of any prohibition set forth in Subsection (c), unless and until: (i) the City Council has taken action, by resolution, to designate a specified area or areas for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right- of-way; (ii) the City has posted signage at the designated area or areas set forth in the resolution, with such signage including reference to any required findings adopted in the resolution, and giving notice of the date after which no sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way will be allowed; and (iii) at least 14 calendar days have passed from the date on which the signage is posted at the designated area or areas.

(e) No person shall sit, lie, sleep, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public property within 500 feet of a School or Day Care Center as those terms are defined in Section 105.01 of this Code. A violation of this subsection is governed by Section 41.18(f) of this Code. (Added by Ord. No. 187,586, Eff. 9/18/22.)

(f) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who willfully refuses to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Los Angeles Municipal Code (LAMC) Section 11.00. All other violations of this section shall be enforceable only as infractions pursuant to LAMC 11.00(m) or issuance of a citation pursuant to City’s Administrative Citation Enforcement Program pursuant to LAMC Section 11.2.01 et seq.

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.

(Amended by Ord. No. 183,135, Eff. 7/8/14.)

(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 using that portion of the street or highway during the temporary closing. The Director of the Bureau of Street Services also shall have the authority, after receiving a recommendation from the Department of Transportation to authorize that a roadway remain open without any lane closures in instances where the Special Event, as defined in Section 41.20.1(a)(9) of this code, only requires curb side parking. 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, including lost parking meter revenues. 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. The Director of the Bureau of Street Services has the authority to revoke a Special Events Permit for any violation of the terms and conditions of the permit.

(b) Application for Permit. (Amended by Ord. No. 184,020, Eff. 1/27/16.) 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, as well as those that only request reserved curb side Special Event parking when lane closures have been determined to be unnecessary, shall be filed with the One-Stop Special Events Permit Office in the Bureau of Street Services at least 45 days prior to the expected first day of the Special Event. The Sponsor shall pay a non-refundable administrative late fee of $312 for all applications submitted 21 days or less before a Special 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 all affected offices and departments 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. Special Event Permits issued for Special Events that are recurring, may be issued for all events on the days specified for up to one year. In order to be eligible to obtain a permit for a recurring Special Event, as defined in Los Angeles Municipal Code Section 41.20.1(a)(9), the recurring Special Event must occur a minimum of 12 times during which the one year permit is valid. 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 the Sponsor to make a 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 Sponsor shall be reviewed as set forth in Section 41.20.1. No fees under this subsection will be required with respect to the filming of Television Pilots as set forth in Section 41.20.1.

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. Except as expressly provided by Section 5.66.5 of the Administrative Code, 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. 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. Special Event permittees receiving a Special Event Subsidy under Section 5.66.5 of the Administrative Code shall pay in advance the unsubsidized portion of all applicable fees and charges. A “Parking Meter Usage Fee” will be charged when reserved curb side Special Event parking is requested at locations with parking meters. 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 or, in the case of a subsidized fee, a prorated amount such that the City’s subsidy will not exceed 50 percent of the total Special Event Permit cost. 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 15 calendar days of receipt of an invoice. (Amended by Ord. No. 185,637, Eff. 8/11/18.)

(d) Conditions for Granting Permits.

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, such as Special Event parking restriction signs, 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. The type(s) and capacity of sound amplification equipment and systems to be used for the event, if applicable.

M. The equal compensation and/or equal prize money required by Section 41.20(d)3. (Added by Ord. No. 186,635, Eff. 7/7/20.)

2. 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 other applicable City Departments, including but not limited to: 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 or received from 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; and

N. The estimated number of parking spaces where parking will need to be prohibited during the event, or where reserved parking for the Special Event will need to be designated, and how many of those spaces have parking meters.

O. The equal compensation and/or equal prize money required by Section 41.20(d)(3). (Added by Ord. No. 186,635, Eff. 7/7/20.)

3. It shall be unlawful for a Sponsor who obtains a Special Event Permit or who should have obtained a Special Event Permit for an Athletic Event featuring athletes of more than one sex or gender to provide unequal compensation and/or prize money to athletes based on sex or gender. A violation of this subsection is punishable as provided in Section 11.00(m) of this Code. In addition, any Athletic Event athlete who is aggrieved by a violation of this section may bring a civil action in law or equity against the Sponsor, as well as reasonable attorneys’ fees and costs. This paragraph shall not apply to event contracts pursuant to Section 41.20.1(c). (Added by Ord. No. 186,635, Eff. 7/7/20.)

4. 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. (Renumbered by Ord. No. 186,635, Eff. 7/7/20.)

5. Any unresolved issues regarding the issuance of a permit shall be resolved as set forth in Subsection (e) of this Section. (Renumbered by Ord. No. 186,635, Eff. 7/7/20.)

6. 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, and a parking meter usage fee to cover the cost of lost parking meter revenue for the event. For recurring Special Events, the Department of Transportation is authorized to determine whether temporary or permanent signs will be used. 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. The parking meter usage fee is equal to the total potential parking meter revenue for on-street parking meter spaces, on a block operated by parking meters that are taken out of operation to accommodate Special Event parking, calculated at the applicable hourly meter rate and during metered hours for which the Special Event regulations apply. 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 City shall refund to the permittee the difference or, in the case of a subsidized fee, a prorated amount such that the City’s subsidy will not exceed 50 percent of the total Special Event Permit cost. 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 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. Those filming a Television Pilot shall not be required to pay the Department of Transportation for the costs of posting and removing street signs. (Renumbered by Ord. No. 186,635, Eff. 7/7/20.)

7. Following approval of a Special Event Permit, but ten (10) 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 (5) days after receipt of the bill. The decision of the Board on such appeals shall be final. (Renumbered by Ord. No. 186,635, Eff. 7/7/20.)

(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 modify or deny the permit 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 have been met, a permit shall be issued by the Bureau of Street Services within one (1) 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 (10) 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 (5) regular meetings following the referral by the Director, consistent with applicable notice requirements for public meetings. After considering the matter and all information that the Board of Public Works 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, modify, or deny the permit. Any such action by the Board shall be subject to the provisions of Charter Section 245.

(f) Posting of Signs. Pursuant to Section 21103 of the Vehicle Code, the Board shall provide for the posting of signs at all entrances to the street or streets being temporarily closed, giving notice of the local traffic laws. Such signs shall be reviewed and approved by the Department of Transportation prior to posting.

(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.

(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’s Risk Manager, 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.

(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 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.

(j) Electronic Benefit Transfer Card Acceptance at Certified Farmers’ Markets. The Board is authorized and directed to require that each applicant for a Special Events Permit to hold a Certified Farmers’ Market on City property or on City streets, provide proof of Electronic Benefit Transfer (EBT) Cards acceptance by providing a Food and Nutrition Service (FNS) Number issued by the United States Department of Agriculture. The institution of this provision shall begin with the next renewal period of each Certified Farmers’ Market application. (Added by Ord. No. 184,719, Eff. 3/6/17.)

(k) Use of Certified Riggers. Except for non- commercial Special Events that promote a public purpose and provide a public benefit as defined in Section 5.66.7(a) of the Los Angeles Administrative Code, the Board is authorized and directed to require that each applicant for a Special Event Permit for a Special Event that will include Portable Audiovisual Rigging work will require that all such work be performed by workers with a valid Rigger’s Certification. (Added by Ord. No. 187,964, Eff. 10/2/23.)

(Added by Ord. No. 180,881, Eff. 10/26/09.)

(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 Non- commercial 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. Portable Audiovisual Rigging means the temporary installation or operation of portable mechanical rigging and static rigging for the overhead suspension of portable audiovisual equipment, including audio, video, lighting, backdrops, and scenery. (Added by Ord. No. 187,964, Eff. 10/2/23.)

10. Rigger’s Certification means a certification issued by the Entertainment Technician Certification Program operated by the Entertainment Services and Technology Association. (Added by Ord. No. 187,964, Eff. 10/2/23.)

11. 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.

12. 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.

13. A Television Pilot is a stand-alone episode of a television series that is used to sell the show to a distributor of episodic television. At the time of its creation, the pilot is meant to be the testing ground to gauge if a series will be ordered, and is therefore a test episode of an intended television series. (Added by Ord. No. 182,757, Eff. 11/30/13.)

(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.

(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.

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.

(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

(Amended by Ord. No. 175,716, Eff. 1/31/04.)

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.

(Added by Ord. No. 168,500, Eff. 2/4/93.)

(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 the person returns to the property within six months of the advisement the person 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 the person 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 the person returns to the property within 24 hours of the advisement, the person 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:

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.

(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 their 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 their 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.

No person shall operate or play any hand organ or hurdy-gurdy in, upon or along any street or sidewalk.

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.)

(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.

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.

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 tradespersons 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.

(Added by Ord. No. 161,580, Eff. 9/12/86.)

(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.

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 the officer’s or employee’s duties.

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 the person’s 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.

(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 the homeowner’s single-family 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 Stone-Hollywood 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 a payment of an application fee of $493.00. (Amended by Ord. No. 188,897, Eff. 5/4/26.)

No person, with intent gratuitously to avail themself 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 their official duties.

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.)

(Repealed by Ord. No. 185,900, Eff. 12/6/18.)

(Amended by Ord. No. 181,642, Eff. 5/31/11.)

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.

(Added by Ord. No. 111,348, Eff. 7/4/58.)

(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.

(Amended by Ord. No. 129,180, Eff. 1/30/65.)

(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 the owner’s 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 their 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 the owner’s 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.

(Added by Ord. No. 127,508, Eff. 6/29/64.)

No person shall fail, refuse or neglect to keep the sidewalk in front of their house, place of business or premises in a clean and wholesome condition.

(Added by Ord. No. 127,508, Eff. 6/29/64.)

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.

(Added by Ord. No. 163,811, Eff. 8/19/88.)

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 the individual 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.

(Added by Ord. No. 175,626, Eff. 12/16/03.)

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.

(Added by Ord. No. 127,508, Eff. 6/29/64.)

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.

(Amended by Ord. No. 179,533, Eff. 3/8/08.)

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 the guest 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. An officer of the Los Angeles Police Department may request an operator consent to inspect the record as part of the Department’s public safety responsibilities. (Amended by Ord. No. 184,711, Eff. 3/10/17.)

(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 the guest 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) No person shall give any assumed, false or fictitious name, or any other name other than the person’s true name when checking into a hotel.

(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.

(Amended by Ord. No. 187,525, Eff. 7/16/22.)

A. Definitions. As used in this section:

1. “Bar” shall mean a business that sells or offers for sale alcoholic beverages pursuant to a license from the Department of Alcoholic Beverage Control (ABC), limits entry to patrons 21 and older and where food service, if any, is only incidental to the sale of alcoholic beverages. A Bar shall not include a business with an ABC license type 41 or type 47, both of which are issued to restaurants and require substantial sales of meals for consumption on the premises.

2. “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

3. “Outdoor Dining Area” shall mean:

a. An outdoor area made available to the general public that is dedicated, designed, established or regularly used as a place for the consumption of food or drinks and all non- enclosed areas within 10 feet thereof. An Outdoor Dining Area shall not include an area that is contiguous to:

(i) a Bar; or

(ii) a restaurant, business, or non- commercial building that is completely closed to the general public for a private event.

b. An outdoor area comprised of a 40-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 area dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that business.

4. “Smoking” shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, cannabis, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an Electronic Smoking Device.

B. Prohibitions.

1. Smoking is prohibited in the following places:

a. Any portion of a building owned or leased by the City of Los Angeles;

b. City permitted farmer’s markets as defined in Section 12.24. X.6.; and

c. Outdoor Dining Areas.

(1) A violation of this section shall also be found when any person authorized to manage or control an Outdoor Dining Area knowingly permits Smoking in violation of this section

C. No-Smoking Signs.

1. Any business or person having the authority to manage and control any area designated as a no- smoking area shall post or cause to be posted “No Smoking” signs in conspicuous locations within the designated no-smoking areas. All such signs shall clearly and conspicuously recite the phrase “No Smoking” and use the international no-smoking symbol. 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 ensure that any person in the designated no-smoking area shall see at least one of the signs.

For Outdoor Dining Areas, the following provisions shall also be followed:

a. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.a. shall post no-smoking signs of sufficient number to ensure that the no-smoking prohibition is clearly visible and readable to patrons in the Outdoor Dining Area and to persons passing outdoors within 10 feet of the Outdoor Dining Area. The no-smoking signs shall state in size 14 font or larger, “No Smoking in this Outdoor Dining Area or within 10 feet of this Outdoor Dining Area.”

b. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.b., such as a food kiosk, food cart or mobile food truck, shall post a no-smoking sign located near the cashier that is clearly visible and readable to its customers. The no-smoking sign shall state in size 14 font or larger, “No smoking within 40 feet of this business.”

2. It shall be unlawful to willfully mutilate or destroy any signs required by this section.

D. Penalty. Except as otherwise expressly provided herein, violation of any provision or failure to comply with any requirement of this section is an infraction.

(Added by Ord. No. 184,053, Eff. 3/9/16.)

A. Definitions.

1. “Event Site for Organized Sporting Events” shall mean the entire physical area of a site, such as a stadium or arena, where organized sporting events occur. The entire physical area includes all open, semi-open and enclosed spaces and structures including, but not limited to, playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices and recreational areas. An event site for organized sporting events does not include City parks defined in Section 63.44 A. of this Code and regulated by Section 63.44 B. of this Code.

2. “Organized Sporting Events” shall mean games of or athletic competitions related to baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse or soccer; or any event involving a game or other athletic competition organized by a league or association of persons, including but not limited to, professional, amateur, adult recreational, youth recreational and school sponsored leagues.

3. “Smokeless tobacco” shall mean any product containing cut, ground, powdered or leaf tobacco that is intended to be placed in the oral or nasal cavity, including but not limited to snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.

B. Prohibitions.

1. The use of smokeless tobacco shall be prohibited at all times at event sites for organized sporting events.

C. Signage Requirement.

1. Persons or entities having the authority to manage and control and those managing and controlling an event site for organized sporting events shall post or cause to be posted and prominently displayed at every entrance, a conspicuous sign clearly communicating that the use of smokeless tobacco is prohibited. Such signs shall also be posted in all dugouts, bullpens, training rooms and locker rooms.

D. Penalty. Violation of any provision of this section is an infraction.

(Repealed by Ord. No. 183,819, Eff. 9/30/15.)

(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.)

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.)

(Added by Ord. No. 127,508, Eff. 6/29/64.)

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.

(Added by Ord. No. 127,508, Eff. 6/29/64.)

(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.

(Added by Ord. No. 127,508, Eff. 6/29/64.)

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.

(Added by Ord. No. 134,080, Eff. 3/14/67.)

(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 their 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 the person 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.

(Added by Ord. No. 140,731, Eff. 8/24/70.)

(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 the person’s possession or under the person’s 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.

(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.

(Added by Ord. No. 185,451, Eff. 4/15/18.)

(a) Definitions.

1. “Citation” means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code, unless otherwise specified.

2. “Enforcement Officer” shall have the same meaning as in Section 11.2.02 of this Code.

3. “Loud or Unruly Conduct”, as used in this section, includes any of the following conduct if in violation of any provision of this Code or State law:

A. Loud noise;

B. Obstruction of a street or public right- of-way, including a sidewalk;

C. Public intoxication or drinking in public;

D. The service of alcoholic beverages to minors;

E. Possession and/or consumption of alcohol by minors;

F. Assault, battery, fights, domestic violence or other disturbances of the peace;

G. The sale or service of alcoholic beverages without a required State license;

H. Vandalism or destruction of property;

I. Litter;

J. Urinating or defecating in public; or

K. Trespassing.

4. “Loud or Unruly Gathering” means a gathering of persons at any Residence where Loud or Unruly Conduct occurs at the Residence or within 500 feet of the Residence, and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.

5. “Minor” means any person under 21 years of age.

6. “Owner” means any person who owns the Residence where a Loud or Unruly Gathering occurs.

7. “Person” means an individual or any firm, association, organization, partnership, trust, business, corporation, company or entity.

8. “Residence” means any “residential building,” as that term is defined in Section 12.03 of this Code, and includes any garage, carport, walkway, yard, patio, deck, or other structure or area on the lot on which the residential building is located.

9. “Responsible Party” means:

A. Any person who rents, leases or otherwise is in charge of the Residence where a Loud or Unruly Gathering occurs; or

B. Any person who organizes or sponsors a Loud or Unruly Gathering at a Residence.

(b) Loud or Unruly Gatherings Prohibited. Loud or Unruly Gatherings are prohibited and shall constitute a public nuisance subjecting the Owner and/or Responsible Party to fines and/or penalties under this section. The City may abate a Loud or Unruly Gathering by all available means, including, but not limited to, an order of a peace officer requiring persons at the Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or the arrest of any person committing a criminal violation under this section or any other applicable State or local law.

(c) Posting of Notice Regarding a Loud or Unruly Gathering. An Enforcement Officer responding to a Loud or Unruly Gathering shall post or attach, on the front entrance of the Residence at which the Loud or Unruly Gathering occurs, a notice meeting the following requirements:

1. The notice shall state, at a minimum:

A. The name and agency of the Enforcement Officer who responded to the Loud or Unruly Gathering;

B. The address of the Residence and the date of the Loud or Unruly Gathering, along with a description of the Loud or Unruly conduct observed;

C. That Loud or Unruly Gatherings may result in the imposition of fines and/or penalties against any Responsible Party and/or Owner; and

D. It is unlawful to alter, tamper with or deface the notice, or remove it prior to 30 days from the date of the posting.

2. The notice shall be a minimum of 8 ½" x 11" in size, have black letters on contrasting background white or colored paper, and be made of durable laminated or other weather resistant material.

(d) Removal of Posted Notice Prohibited.

1. It shall be unlawful for any person to alter, tamper with or deface a posted notice described in Subdivision (c), or remove it prior to 30 days from the date of the posting.

2. If a posted notice is altered, tampered with, defaced, or removed prior to 30 days from the date of posting, the notice shall be replaced and a new 30-day posting period shall commence on the date of replacement.

(e) Notice to Owner. A copy of the notice posted pursuant to Subdivision (c) of this section shall be served on the Owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(f) Citation Issued to Owner Absent During the Loud or Unruly Gathering. An Owner not present during the Loud or Unruly Gathering may be issued a Citation for any subsequent violation of Subsection (b) after personal service of the notice in Subsection (e) or, if the notice is only mailed, ten (10) calendar days after the mailing of the notice to the Owner pursuant to Subsection (e). The Citation to the Owner not present during the Loud or Unruly Gathering may be issued by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(g) Citation. An Enforcement Officer may issue a Citation to the Owner and/or Responsible Party for a violation of Subsection (b) or (d) of this section.

(h) Fines and Penalties for Violations.

1. An Owner and/or Responsible Party issued a Citation in violation of Subsection (b) of this section shall be subject to the following fines:

A. An administrative fine of $100 for a first violation;

B. An administrative fine of $500 for a second violation;

C. An administrative fine of $1,000 for a third violation;

D. An administrative fine of $2,000 for a fourth violation;

E. An administrative fine of $4,000 for a fifth violation; and

F. An administrative fine of $8,000 for a sixth violation and $8,000 for each subsequent violation.

G. A violation occurring after a period of 12 consecutive months of no violations shall be considered a first violation.

A Responsible Party and/or Owner shall be subject to these escalating administrative fines for subsequent Loud or Unruly Gatherings even if at different Residences associated with the Responsible Party and/or owned by the Owner.

2. Fine for Removal of Posted Notice. Any person in violation of Subsection (d) of this section may be issued a Citation subject to an administrative fine of $500.

(i) Administrative Process Applicable to Citations. Unless otherwise specified herein, all Citations issued for violations of this section shall be subject to the provisions set forth in Article 1.2 of Chapter 1 of this Code, including, but not limited to, the administrative hearing and appeal process and the City’s authority to use any civil remedy available to collect any unpaid administrative fine.

(j) Criminal and Other Remedies Available. Any violation of Subsection (b) or (d) of this section may be prosecuted as a misdemeanor. In cases where the City Attorney elects to criminally prosecute a violation, the defendant shall be subject to all applicable penalties authorized by Section 11.00(m) of this Code, and not the administrative fines authorized by this section.

(k) 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 of this section which can be implemented without the invalidated provisions, and to this end, the provisions of this section are declared to be severable.

(Amended by Ord. No. 173,705, Eff. 1/27/01.)

(a) Definitions. For purposes of this section:

(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 the person 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) Definitions. For purposes of this section:

(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) Parking lots. (Amended by Ord. No. 182,813, Eff. 12/10/13.)

(A) 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.

(B) 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.

(3) 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) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.

(d) 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.

(Added by Ord. No. 179,913, Eff. 6/30/08.)

(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 the patient’s 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.

(Title and Section Amended by Ord. No. 182,459, Eff. 3/1/13.)

The City declares that a motor vehicle is a public nuisance subject to seizure and impoundment for a period of up to 30 days when the motor vehicle is used in the commission or attempted commission of an act that violates Penal Code Section 266(h), or 266(i), or 374.3(h), or 647(b), if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle only may be impounded pursuant to a valid arrest of the driver for a violation of one of the Penal Code sections listed above.

(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the California Department of Motor Vehicles, informing the owner that the vehicle has been impounded. The notice shall also include notice of the opportunity for a post storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released. The impounding agency shall be prohibited from charging for more than five days storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information:

(1) The name, address, and telephone number of the agency providing the notice.

(2) The location of the place of storage and description of the vehicle, that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage.

(3) The authority and purpose for the removal of the vehicle.

(4) A statement that, in order to receive a post storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within ten days of the date appearing on the notice.

(b) The post storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.

(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the post storage hearing requirement.

(d) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the post storage hearing that reasonable grounds for the storage are not established.

(e) Any period during which a vehicle is subjected to storage under this Section shall be included as part of the period of impoundment.

(f) The impounding agency shall release the vehicle to the registered owner or the owner’s agent prior to the end of the impoundment period under any of the following circumstances:

(1) The driver of the impounded vehicle was arrested without probable cause.

(2) The vehicle is a stolen vehicle.

(3) The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage.

(4) The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who agrees not to allow the driver to use the vehicle until after the end of the impoundment period.

(5) The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation or was unaware that the driver was using the vehicle to engage in activities subject to Section 266(h) or 266(i), or Subdivision (b) of Section 647 of the California Penal Code.

(6) A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used.

(g) Notwithstanding any provision of law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.

(h) Except as provided in Subdivision (g), the registered owner or the registered owner’s agent shall be responsible for all towing and storage charges related to the impoundment.

(i) A vehicle removed and seized under an ordinance adopted pursuant to this Section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met:

(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner and holds a security interest in the vehicle.

(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle.

(j) Towing and storage fee requirements:

(1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner as described in paragraph (1) of Subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to California Vehicle Code Section 22850.5, unless the legal owner voluntarily requested a post storage hearing.

(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this Section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this Section, “credit card” is as defined in Subdivision (a) of Section 1747.02 of the California Civil Code. Credit card does not include a credit card issued by a retail seller.

(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed five hundred dollars ($500).

(4) A person operating or in charge of the storage facility described in paragraph (2) shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.

(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the California Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.

(6) A failure by a storage facility to comply with any applicable conditions set forth in this Subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this Subdivision are satisfied.

(k) Requirements for release of a vehicle subject to assignment or repossession:

(1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in Subdivision (b) of Section 7500.1 of the California Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the California Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the California Business and Professions Code.

(2) Administrative costs authorized under Subdivision (a) of Section 22850.5 of the California Vehicle Code shall not be charged to the legal owner of the type specified in paragraph (1) of Subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. The City shall not require a legal owner or a legal owner’s agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this Paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents the legal owner or legal owner’ agent is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner’s agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims.

(l) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not be required to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent.

(m) Time period for release of the vehicle:

(1) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period.

(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.

(n) Time period for release of the vehicle to a rental car agency:

(1) A vehicle removed and seized pursuant to an ordinance adopted pursuant to this Section shall be released to a rental car agency prior to the end of the impoundment period if the agency is either the legal owner or registered owner of the vehicle and the agency pays all towing and storage fees related to the seizure and impoundment of the vehicle.

(2) The owner of a rental vehicle that was seized under an ordinance adopted pursuant to this Section may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired.

(3) The rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the seizure and impoundment.

(o) Severability. If any subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

(Added by Ord. No. 175,573, Eff. 11/24/03.)

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 their 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 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. Any person or the person’s 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 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. 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 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) 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 potential claimant 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) 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) 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 mail.

(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 the lien holder’s 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 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. 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:

(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 the lien holder’s interest in the vehicle.

2. 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) To the general fund.

3. 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.

(Amended by Ord. No. 175,848, Eff. 4/24/04.)

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 the driver. 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 their 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. Abatement of Nuisance Vehicle by Seizure and Forfeiture.

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. Any person or the person’s 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 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 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 the legal owner’s 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 the registered or legal owner’s agent, to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

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.

(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. 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) 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 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 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 their 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 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. 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 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. 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 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. 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 destroyed. The proceeds of sale shall be distributed and appropriated as follows:

(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) To the lien holder of the vehicle, if any, up to the amount of their interest in the vehicle.

2. 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) To the general fund.

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. In lieu of forfeiture, a settlement may be negotiated, in which case the proceeds of the settlement shall be distributed and appropriated 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) To the general fund.

6. 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.

(Added by Ord. No. 175,575, Eff. 11/29/03.)

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 their 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. Abatement of Nuisance Vehicle by Seizure and Forfeiture.

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. Any person or the person’s 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 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) 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 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. 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 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) 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 potential claimant 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) 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) 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 mail.

(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 their 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 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. 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:

(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 the lien holder’s interest in the vehicle.

2. 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) To the general fund.

3. 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.

(Added by Ord. No. 180,465, Eff. 2/8/09.)

(a) Definitions. As used in this section:

(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 their 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 their 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 the owner’s 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) A claim form.

(f) 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 their 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) The registered owner relies upon the vehicle for legitimate transportation purposes.

(g) 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:

(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).

(k) 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) Where forfeiture pursuant to this section is not contested, the City Attorney shall have the authority to declare the vehicle forfeited under this section.

(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 the City Attorney’s 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) Disposal of Vehicle and Distribution of Proceeds.

(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 their 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.

(Added by Ord. No. 180,724, Eff. 7/16/09.)

(A) Definitions. As used in this section:

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.

(B) 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 the sheriff’s office 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.