(Added by Ord. No. 88,703, Eff. 10/14/44.)
(a) Definitions. For the purpose of this section, certain terms are defined as follows:
1. Canopy. The term “canopy” shall mean any fixed structure, framework, appendage, appurtenance, shelter or shade, without enclosing walls, covered with canvas, cloth, galvanized iron, aluminum, approved slow-burning plastic or similar material erected, constructed or maintained at or over the entrance way to a building or place of business within a building, and extending over any public street or sidewalk supported by an individual framework from the ground except such projections from buildings as are enumerated in Sec. 91.4501 of this Code.
2. Approved Slow-Burning Plastic. The term “approved slow-burning plastic” shall mean an approved plastic which burns no faster than two and one-half inches per minute when tested in accordance with A.S.T.M. D635-44 or A.S.T.M. D568-43. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(b) Permit Required. No person shall erect or maintain any canopy without a permit from the Board of Public Works. Any permit granted under the provisions of this section shall be valid only as to the location specified therein, and where application is made to erect and maintain two or more canopies, a separate permit shall be required for each canopy. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(c) Expiration – Renewal. Permits issued under the provisions of this section shall expire on the 30th day of June next following the date upon which each such permit is granted. Such permits may thereafter be renewed annually upon the payment of the fee hereinafter prescribed. Applications for renewal shall be made at least 30 days prior to the expiration of any permit issued. In the event a permit is issued for the erection or construction of a new canopy and said canopy is not erected or constructed within 90 days from the date of issuance of the permit therefor, said permit shall become null and void. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(d) Applications. Applications for such permit shall be in writing upon forms provided by the Board. Each application for a permit to erect or construct a new canopy shall be accompanied by evidence showing whether the owners or persons in lawful possession of abutting properties on the same side of the public street (or streets where the canopy is to be erected or constructed on a corner) for a distance of 100 feet on each side of the proposed canopy, and within the same city block, object to or are agreeable to the erection, construction and maintenance thereof. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(e) Issuance of Permits. (Amended by Ord. No. 96,851, Eff. 9/10/50.) The Board may issue a permit to erect or construct a new canopy if, in its judgment, the grant of the requested permit would not be contrary to the public interest and would not result in serious inconvenience to persons using the public street or sidewalk, or residing in the vicinity, and if the proposed location of the canopy is an appropriate one.
No permit shall be issued to erect a canopy over the sidewalk at any location where the construction of such a canopy between the property line and the entrance to the building on the property is prohibited by the zoning regulations, as contained in Chapter I of this Code, or is prohibited by a building line or setback line established by ordinance.
(f) Fees. Permit, annual inspection and renewal fees shall be charged for the erection, construction and maintenance of such canopy. Such fees shall be determined and adopted in the same manner as provided in Section 12.37I1 of the Los Angeles Municipal Code for establishing fees. In addition, an annual reimbursement of insurance costs fee of $5.00 shall be charged. (Amended by Ord. No. 165,675, Eff. 5/11/90.)
(g) Insurance. No permit shall be issued hereunder unless the applicant post or has on file a satisfactory policy of insurance so conditioned as to insure the City, its officers and employees against any loss, cost, expense, injury, damage or liability incurred by any reason of any personal injury or property damage sustained by any person, caused by or resulting from or which may be claimed or have been caused by or have resulted from the issuance of any permit under this section, with the erection, construction or maintenance of any structure or work under such permit, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. (Amended by Ord. No. 165,630, Eff. 4/23/90.)
(h) Construction. All framework and supports including metal covering, if any, shall have corrosion-resistant surfaces. All sheet metal screws shall be stainless steel or equivalent. All bolts, nuts, and washers shall have cadmium plate, galvanized or equivalent corrosion-resistant surfaces. All metal surfaces shall be properly prepared before the protective coating is applied. If paint is used, the first coat must be a suitable, top quality metal primer like that used in current structural practice. The second and third coats must be a top quality outside synthetic enamel, the second coat to have a different shade from the third or final coat. All work shall meet current standard commercial practice. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Each canopy shall be supported by vertical metal posts set into the sidewalk or parkway on a line not less than one foot and not more than two feet from the face of the curb; provided, however, that when the width of the sidewalk or parkway is such that in the opinion of the Board, two posts will not safely and satisfactorily support such canopy, additional vertical posts shall be installed, pursuant to instructions from the Board. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Each canopy shall be constructed in such a manner that no portion thereof shall extend closer than one foot to the face of the curb. No canopy shall exceed a height of 12 feet or a width of 10 feet; except, however, where the entrance to any building or place of business exceeds the width of 10 feet, the Board may authorize a canopy of greater width. The horizontal framework shall not be less than eight feet above the sidewalk or parkway at every point. (Amended by Ord. No. 104,682, Eff. 1/29 /55.)
A valance or border, if made of canvas, cloth or similar fabric, shall be at least seven feet above the sidewalk or parkway at every point; however, if the canopy is covered with metal, or an approved slow-burning plastic no portion of the valance or border shall be less than seven feet, six inches above the sidewalk or parkway at every point. A valance or border shall be of the same type of material as the covered portion. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Wherever canvas, cloth or cloth-like plastic material is used as covering for such canopy, it shall be treated with a flame-retardant treatment to the satisfaction of the Fire Department. (Amended by Ord. No. 104,682, Eff. 1/29/55.)
Canopies of metal or an approved slow-burning plastic shall be designed for a 15-lb. wind and a 15-lb. live load by an architect or engineer. Plans shall be submitted in triplicate with calculations to the City Engineer for his approval prior to the issuing of a permit. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(i) Design of Coverings. Each canopy shall be covered with durable and substantial quality of canvas, cloth, galvanized iron, aluminum, an approved slow-burning plastic or similar material, and the aesthetic design of each canopy shall require approval of the Board of Cultural Affairs Commissioners. (Amended by Ord. No. 173,297, Eff. 6/30/00, Oper. 7/1/00.)
No sign, poster, placard, banner, printing, lettering, name, wording, number, figure, electric illumination or advertising shall be on or attached to any canopy except printed or painted lettering and numbers on the lower half of the front, and on the valance or lower border of the sides of the canopy, not to exceed six inches in height and containing only the name of the building or place of business, and the legal street number thereof. (Amended by Ord. No. 108,894, Eff. 3/22/57.)
(j) Inspection. Prior to the issuance of a permit for the erection or construction of a new canopy, an inspection shall be made of the place where the canopy is to be so erected or constructed. Prior to the renewal of any canopy permit an inspection of the existing canopy shall first be made. Each permittee shall at all times maintain his canopy in good condition and repair. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(k) Power to Suspend or Revoke. The Board may revoke or suspend any permit for the erection and maintenance of any canopy for failure to comply with the provisions of this section, and it shall be unlawful for any person whose permit has been suspended or revoked to erect or maintain such canopy. In event of revocation of a permit, such canopy, including all framework and supports, shall be entirely removed, and the sidewalk or street restored to its original condition. Thereafter no permit shall be issued except in the manner provided for the granting of a new permit. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(l) Regulations. The Board is authorized to prescribe such other uniform regulations as to structure, design, specifications for frame work and construction as it may deem necessary, to which regulations such canopies shall conform. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
(m) Plastics - Approval by Board.
1. All plastic materials of which canopies are to be constructed must be approved by the Board. (Amended by Ord. No. 91,257, Eff. 2/7/47.)
2. The Board may require that all plastic materials to be used in the construction of a canopy be submitted for test by a testing agency approved by the Board. No plastic material required by the Board to be submitted to a testing agency for analysis shall be approved by the Board unless the person requesting said approval submits a written report of the analysis by such testing agency. (Added by Ord. No. 108,894, Eff. 3/22/57.)