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SEC. 80.08.7.  CHARGES FOR PROVIDING TRAFFIC CONTROL AND FOR INSTALLATION AND RELOCATION OF PARKING AND TRAFFIC CONTROL DEVICES.
   (Amended by Ord. No. 170,880, Eff. 3/1/96.)
 
   Upon notice of City authorization to temporarily close, in whole or in part, a public street or to withdraw that public street from public use for a period of time, or upon a determination by the Department of Transportation that traffic control is required on a temporary basis due to anticipated congestion caused by a particular event (such as a commercial or ceremonial parade, street closure, athletic event, concert or festival) or upon a request to the Department of Transportation with respect to matters involving the use of streets, the Department may install, maintain, relocate, and/or remove parking and/or traffic control devices or provide traffic control, in a manner and at a level sufficient to protect the public safety, as determined by the Department.  In providing such service the City shall be reimbursed for the costs of provision as follows:
 
   (a)   In each such instance except as otherwise provided in Subsections (e) and (f), the Department of Transportation shall charge and collect the total costs of Departmental work, services, and materials provided in the case of:
 
   1.   Installation, maintenance, and removal, plus replacement for loss, or for repair of damage to any parking and/or traffic control devices, including, but not limited to, temporary signs; and
 
   2.   Placing, temporarily relocating, or removing permanent parking and/or traffic control devices.
 
   (b)   Prior to the Department proceeding pursuant to any such request, the applicant requesting the installation, use, retirement from use, maintaining, relocation, removal or replacement of a parking and/or traffic control device or devices shall deposit with the City that sum estimated by the Department to be sufficient  to reimburse the City for all City costs with respect thereto.  The deposit may vary in amount depending upon the scope of the costs and expenses reasonably anticipated as necessary to provide the work, services, and materials to be used as a part of or for the regulation of parking and/or traffic in the area involved.  The estimated sum required to be deposited shall be based upon and not be inconsistent with the actual costs of similar work done by, and materials used by, the Department in the regular course of its duties.  The Department shall estimate the amount of the deposit in conformity with a schedule adopted by the General Manager on a semi-annual or less frequent basis which sets forth and applies then current salary schedules and verifiable time and materials costs of the City with respect to those types of Departmental activities.  The schedule shall be kept on file by the Department and be available to any applicant depositor at the time an application is made or as otherwise requested.
 
   (c)   Money received as a deposit from an applicant shall be deposited into the Department of Transportation Trust Fund and shall be expended therefrom for the purpose of first reimbursing the Departmental account for costs incurred by the Department in providing services and materials referred to in Subsection (a) above for the applicant-depositor.
 
   (d)   As a condition to the Department proceedings above set forth, any deposit accepted pursuant to this section shall be adjusted at the completion of the project to conform to actual costs as follows:
 
   1.   In the event actual costs incurred by the City are less than the deposit received by the City, the applicant shall be entitled to reimbursement of the excess from the deposit; and
 
   2.   In the event the costs exceed the sum on deposit, all such additional costs shall be paid by the applicant-depositor to the City upon demand.
 
   (e)   (Amended by Ord. No. 180,881, Eff. 10/26/09.)  Department charges shall not apply upon a determination by the General Manager, Department of Transportation, that charges are less than $1,000 and that the action involved is required as a result of an emergency situation, to alleviate a dangerous condition, to provide police security, to alleviate traffic congestion, or to effect a street closure initiated by the City.  Such determination shall be in writing and affirmed by the responsible official as follows:
 
   1.   Emergency - General Manager or Assistant General Manager, Department of Transportation.
 
   2.   Dangerous Condition - District Transportation Engineer.
 
   3.   Traffic Congestion - District Transportation Engineer.
 
   4.   Police Security - Division Captain, Los Angeles Police Department.
 
   (f)   The provisions of this section shall not apply to non-commercial events whose primary purpose is the expression of public issue speech.