Title 16 HIGHWAYS[1]
Chapter 16.74 PIPELINES AND OTHER UTILITIES ON BRIDGES[19]
16.74.010 Definitions.
16.74.020 Permit--Required when--Terms and conditions.
16.74.030 Permit--Liability agreement prerequisite to issuance.
16.74.040 Annual rental--In addition to other payments.
16.74.050 Annual rental--Exemption conditions.
16.74.060 Lower fees authorized when.
16.74.070 Annual rental--Late payment charge.
16.74.080 Permit--Sale, transfer, lease or assignment limitations.
16.74.090 Relocation or removal of facilities--Costs.
16.74.100 Revocation of privileges--Notice required.
16.74.110 Previously granted permits--Terms and conditions.
16.74.120 Acts constituting misdemeanors designated--Penalty.
16.74.130 Permit--Revocation for violations--Penalty.
16.74.010 Definitions.
As used in this chapter:
A. “Person” means and
includes any individual, firm, copartnership, joint adventure, association,
corporation, estate, trust, business trust, this state, any county, including
this county, and all departments and bureaus thereof except the road department
of this county, city and county, municipality, district or other political
subdivision thereof, or any other group or combination acting as a
unit.
B. Unless the context otherwise requires, “pipeline” means
and includes conduit, cable and wire, except that it does not include any wire
which is a portion of a cable or which is enclosed within a conduit where such
cable or conduit are subject to the provisions of this chapter. (Ord. 6522
§ 2, 1954: Ord. 3821 § 2, 1961: Ord. 1363 §§ 0.5 and 1.1,
1925.)
16.74.020 Permit--Required when--Terms and conditions.
Before any person attaches any pipeline to, lays any pipeline on,
or uses for the support of any pipeline, replaces or repairs any pipeline on, or
removes any pipeline from any bridge, including the wing walls thereof, or
culvert, in the county of Los Angeles, he shall first make application to the
road commissioner and receive from him a permit to do so. The road commissioner
shall not grant any such permit until he finds that a permit may be granted
without detriment to the bridge or culvert. If the road commissioner so finds,
he shall issue to the applicant a permit on the same form and on the same
conditions as permits for making excavations, fills and obstructions, and upon
the following additional terms and conditions:
A.1. That payments shall be
made in advance annually to the county of Los Angeles at the following rate per
lineal foot of pipeline directly supported by the bridge or culvert including
wing walls, or per foot of length of the bridge or culvert, not including the
wing walls, whichever is greater:
a. $.30 when the pipelines do not exceed
an outside diameter of five inches;
b. $.50 when the outside diameter is in
excess of five inches and not in excess of 10 inches;
c. When the outside
diameter of any such pipe exceeds 10 inches, a sum computed at the rate of $.05
per inch for each inch or fraction of an inch of outside diameter of such
pipeline;
2. Where a pipeline does not cross, but is parallel or
approximately parallel to the stream, ravine, gulley or other depression crossed
by the bridge then, as used in this section, “length” shall be
construed as “width”;
3. Where a pipeline is supported in part
by a structure or structures other than and in addition to the bridge or
culvert, then the length of such bridge or culvert shall be deemed to be that
portion of such bridge or culvert which is between such structure and the other
end of such bridge or culvert, or between such structures;
B. That the name
of the person owning the franchise be shown on each pipeline at each end of the
bridge, in a manner which will be legible at all times;
C. That in all cases
where the pipeline is conveying either gas or oil, the person to whom the permit
is granted shall install a shutoff valve in the said pipeline at both ends of
the bridge or culvert at a distance of at least 200 feet from the ends of the
said bridge or culvert, and that the shutoff valve shall be installed in the
pipeline or pipelines in such a manner that it will not project above the
surface of the highways and not be a menace or danger to the traveling public.
The shutoff valve shall be properly identified by a metal tag attached to same,
bearing the name of the person to whom the permit has been granted;
D. That
the permittee shall paint all pipelines when installed the same color as the
bridge or culvert;
E. That each permittee furnish the road commissioner and
the forester and fire warden the address and telephone number of some designated
official or the person who will be available at all times, 24 hours per day,
holidays and Sundays included, to be called in case of emergency or other
matters pertaining to the line. (Ord. 7707 § 1, 1960; Ord. 4789 § 1,
1946; Ord. 4655 § 2, 1946; Ord. 3821 § 1, 1941: Ord. 2033 § 1,
1932; Ord. 2026 § 1, 1931: Ord. 1363 § 1, 1925.)
16.74.030 Permit--Liability agreement prerequisite to issuance.
Before any permit is granted pursuant to Section 16.74.020 of this
chapter, the person applying for the same shall first make, execute and deliver
to the road commissioner an agreement whereby such person agrees:
A. To
promptly pay to the county the cost of repairing any damage to any structure
owned by the county caused by the use of such structure for the support of any
pipeline of such person;
B. That the county of Los Angeles will not, nor
will any of its officers, agents or employees, be liable to such person or his
assigns for any injury to any part of such pipeline by reason of removal or
failure of the structure;
C. That such person will save the county, its
officers, agents and employees, harmless from any liability for damage for
bursting pipes, explosions, or any other damage which would not have happened
but for the maintenance of the pipeline. (Ord. 3821 § 4, 1941: Ord. 1363
§ 1.3, 1925.)
16.74.040 Annual rental--In addition to other payments.
The annual rentals set forth in this chapter shall be in addition
to the annual tolls required to be paid by the grantee under franchises to
occupy county highways which may be held by the grantee. (Ord. 4255 § 4,
1943: Ord. 1363 § 9, 1925.)
16.74.050 Annual rental--Exemption conditions.
If under state law the county of Los Angeles may not legally
require the payment of any permit fee or bridge rental from any particular
person, such person shall nevertheless first apply for and obtain a permit as
required in Section 16.74.020, which permit, if granted, shall be granted
without the payment of any permit fee or bridge rental. (Ord. 3821 § 3,
1941: Ord. 1363 § 1.2, 1925.)
16.74.060 Lower fees authorized when.
Where the board of supervisors finds that, because of the
disturbance of an easement, or otherwise, a consideration is due or will become
due from the county to the applicant, as a set-off, the board of supervisors, in
directing the road commissioner to issue the permit, may provide that either no
fee or a lower fee than that provided for in Section 16.74.020 be collected. The
board of supervisors, in like manner, may provide that either no inspection fee
or a lesser inspection fee than that adequate to reimburse the road commissioner
be collected. The road commissioner shall not receive greater fees than
specified in such orders. (Ord. 4986 § 1, 1947: Ord. 1363 § 1.4,
1925.)
16.74.070 Annual rental--Late payment charge.
In the event any annual advance rental payment specified herein is
not made within 60 days after the date on which the payment is due, the grantee
shall further pay interest on such payment at the rate of one percent per month
from the date the payment was due. (Ord. 4255 § 5, 1943: Ord. 1363 §
10, 1925.)
16.74.080 Permit--Sale, transfer, lease or assignment limitations.
The grantee of a permit granted pursuant to this chapter shall not
sell, transfer, assign or lease said permit, or any of the rights and privileges
granted thereby, without first obtaining the consent of the board of supervisors
to such sale, transfer, assignment or lease. This provision does not apply to a
sale, transfer, assignment or lease from a corporation to its subsidiary or
affiliated companies, nor when the assets of a corporation as a whole are sold,
transferred, assigned or leased to its parent company, if notice of any such
sale, transfer, assignment or lease is given to the county. (Ord. 4255 § 2,
1943: Ord. 1363 § 7, 1925.)
16.74.090 Relocation or removal of facilities--Costs.
In the event it becomes necessary to remove or relocate, for any
public purpose of the county of Los Angeles, any pipeline or conduit attached to
or supported by a county bridge under the authority of a permit granted subject
to this chapter, the grantee or assignee thereof shall pay the entire cost of
such removals or relocations. (Ord. 4255 § 3, 1943: Ord. 1363 § 8,
1925.)
16.74.100 Revocation of privileges--Notice required.
The privileges under any permit granted pursuant to this chapter
may be revoked, in whole or in part, at any time upon 30 days’ written
notice from the county of Los Angeles to the grantee thereof. (Ord. 4255 §
1, 1943: Ord. 1363 § 6, 1925.)
16.74.110 Previously granted permits--Terms and conditions.
All of the terms and conditions of this chapter are expressly made
applicable to all permits previously granted, and all persons, firms or
corporations holding permits are required to make the necessary changes to
conform to the terms and conditions of this chapter within a period of three
months from December 14, 1925, the date of passage of the ordinance codified in
this chapter. (Ord. 1363 § 2, 1925.)
16.74.120 Acts constituting misdemeanors designated--Penalty.
Every person who attaches any pipeline to, lays any pipeline on, or
uses for the support of any pipeline, replaces or repairs any pipeline, or
removes any pipeline from any bridge or the wing walls of any bridge or any
culvert without having first received a permit so to do, and every person who in
any way violates any provision of this chapter, is guilty of a misdemeanor
punishable by a fine not to exceed $500.00, or by imprisonment in the County
Jail for not to exceed six months, or by both such fine or imprisonment. (Ord.
3821 § 6, 1941: Ord. 1363 § 5, 1925.)
16.74.130 Permit--Revocation for violations--Penalty.
Any person having a permit granted pursuant to the provisions of
this chapter and who violates any of the provisions of this chapter shall be
subject to an immediate revocation of his permit and a fine of not to exceed
$500.00, or by imprisonment in the Los Angeles County Jail for a period of not
to exceed six months, or by both such fine or imprisonment. (Ord. 3821 § 5,
1941: Ord. 1363 § 3, 1925.)
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