(Amended by Ord. No. 186,854, Eff. 1/14/21.)
(a) Definitions.
1. "Activity Permissible within a Public Street" is defined as any activity permitted by this Code, or authorized by the Board of Public Works.
2. "Peak Hour Construction and Right-of-Way Obstruction Regulations" is defined as regulations contained in this section that control and limit construction and obstruction activity in the public right of way during "Peak Traffic Hours."
3. "Peak Traffic Hours" is defined as Monday through Friday, 6:00 am to 9:00 am and 3:30 pm to 7:00 pm.
4. "Street Classifications Subject to Work Hour Restrictions" is defined as boulevards and avenues, or collector streets, as designated in the Mobility Plan 2035.
5. "Temporary Street Closure" is defined as the temporary restriction of vehicular traffic for construction purposes authorized by a valid permit, and an approved "Traffic Management Plan."
6. "Traffic Lane Closure" is defined as any activity within the public street (from curb-line to curb-line), or in an alley, which reduces the usable width to the point where one or more lanes of traffic cannot move safely and efficiently.
7. "Traffic Management Plan" is defined as a plan that addresses traffic control requirements in a construction area, and along detour routes.
(b) Permit Required. Unless otherwise exempt, no person shall effect a Traffic Lane Closure, perform work within or on any Public Street or public right-of-way, or obstruct any Public Street or public right-of-way for any reason without first applying for and obtaining the applicable permit from the Bureau of Engineering or the Bureau of Street Services, and following all applicable conditions and requirements of the permit.
(c) Permit Required to be Kept On-Site. (Amended by Ord. No. 187,666, Eff. 12/19/22.) No person shall fail to keep such permit at all times at the place where the work is being done nor fail, upon demand, to show such permit to any City employee upon request. A violation of this subsection is subject to an administrative fine specified in Subsection 62.61(f).
(d) Work During Peak Traffic Hours. (Amended by Ord. No. 187,666, Eff. 12/19/22.) In addition to all other applicable fees the Bureau of Engineering shall charge and collect a Bureau of Street Services Peak Hour Compliance Fee of $257 for each Excavation Utility ("U") permit for work within Street Classifications Subject to Work Hour Restrictions.
1. Prohibition on Work or Obstructions During Peak Traffic Hours. Notwithstanding any other provision of this Code, no person or entity shall effect a "Traffic Lane Closure", perform work within or on any public street or right-of-way, or in any manner obstruct a public street or right-of-way on those "Street Classifications Subject to Work Hour Restrictions" during "Peak Traffic Hours".
2. Exemption from Work or Obstruction Prohibition During Peak Traffic Hours.
A. "Emergency Work" as defined in LAMC 62.00 is exempt from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours" if the party performing the emergency work contacts the designated City agency as determined by the Board of Public Works prior to the work being initiated in the right-of-way and applies for a permit within one business day of the emergency work.
B. If a party desires to have a non-emergency public right-of-way construction project or other "Traffic Lane Closure" exempted from the prohibition on work or obstruction of public streets or rights-of-way during "Peak Traffic Hours", the party shall submit the request with its permit application to the appropriate City permitting agency along with a "Traffic Management Plan". If the "Traffic Management Plan" is approved by the City for work during "Peak Traffic Hours", the project will be deemed exempt.
3. Fee for Processing Applications for Exemption from Work or Obstruction Prohibition During Peak Hours. The Bureau of Engineering shall charge and collect a fee of $258 for processing each request submitted pursuant to this subsection.
(e) Application for Permit. (Amended by Ord. No. 187,666, Eff. 12/19/22.) Any application for a permit under this section shall include the following information:
1. The name, address, and telephone number of the applicant and the person responsible for the work or obstruction of the public street or right-of-way. If the work will be done by one or more subcontractor(s), the subcontractor(s) and the contact information must be included in the application.
2. The name, location, and area of the street for which the permit is desired.
3. A description of the work to be done within the public street or right-of-way and an explanation of why the proposed obstruction of the public street or right-of-way is necessary.
(f) Penalties for Non-Compliance. (Added by Ord. No. 187,666, Eff. 12/19/22.)
1. Administrative Citations. The violation of any provision of this article, including any special condition or requirement of a valid construction permit issued pursuant to the Los Angeles Municipal Code, shall subject the violator to administrative penalties as follows:
Violation | Administrative Fine per Occurrence |
Work without permit (LAMC 62.61(b)) | $4,000 |
Violating conditions and requirements of a permit (LAMC 62.61(b)) | $1,000 |
Work without requesting inspection (LAMC 62.04(n)) | $4,000 |
No permit on site (LAMC 62.61(c)) | $500 |
Failure to complete requested warranty repair within the time period specified (LAMC 62.04(o)) | $4,000 |
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 I of this Code, including, but not limited to, the administrative hearing and appeal process, and shall be subject to the City's authority to use any civil remedy available to collect any unpaid administrative fine.
The responsibility of compliance with permit requirements and work completion lies with the permittee. Any penalty of permit violation shall be assessed to the permittee. Work by any party who is not listed on the permit shall be considered as work without a permit.
2. Criminal Prosecution for Violations. Any violation 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.