(Added by Ord. No. 186,561, Eff. 4/15/20.)
(a) Tour Buses Restricted on City Streets. It shall be unlawful for a Tour Bus to operate or travel on a City street, segment of a street, or route, which the Department of Transportation has determined is unsafe for a Tour Bus to operate or travel on, either at any time, or for certain hours of the day. The Department shall establish rules, policies, and procedures to identify streets, street segments, or routes which for safety reasons shall be restricted or limited from use by a Tour Bus. No prohibition shall be effective on a street, street segment, or route until the City Council, by resolution, has approved the prohibition, and until the Department has installed signs providing notice of such Tour Bus restrictions. (Amended by Ord. No. 187,078, Eff. 7/25/21.)
(b) For the purpose of this section, the following definitions shall apply:
(1) Operator means any person or corporation who conducts a business or enterprise that operates one or more Tour Buses, including through Operator's use of a lessee, agent, independent contractor, or other person engaged by the Operator to conduct Operator's business or enterprise on Operator's behalf.
(2) Tour Bus means a privately-owned bus or passenger vehicle for hire, which is operated by or for a charter-party carrier of passengers or a passenger state corporation, as set forth in California Vehicle Code Section 612, Subsection (a), and as defined in California Public Utilities Code Sections 226 and 5359(b); and, as set forth in California Vehicle Code Section 612(b), includes a bus that has had its roof substantially structurally modified or removed. A Tour Bus includes any for-hire vehicle that is used primarily for the conveyance of passengers over the public streets for the purpose of visiting or viewing places of interest.
(c) Criminal Penalties.
(1) It shall be unlawful for an Operator to conduct its Tour Bus operations by travel of one or more of its Tour Buses on a street, segment of a street, or route within the City of Los Angeles which the Department has determined is unsafe for use by a Tour Bus and where the Department has posted signs providing notice of the restriction.
First violation. A first violation of this section by an Operator shall constitute an infraction pursuant to California Vehicle Code Sections 40000.1, and 42001, and punishable upon conviction by a fine of $100.
Second violation. For a second infraction occurring within one year of a prior infraction that resulted in a conviction, a fine not exceeding $200.
Third violation. For a third infraction occurring within one year of two prior infractions that resulted in a conviction, a fine not exceeding $250.
Fourth and subsequent violations within a one-year period. A penalty for a fourth and subsequent violation by an Operator shall be a misdemeanor if the Operator has been convicted of three or more violations within the 12-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the Operator or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.
(d) Civil Penalties.
(1) It shall be unlawful for any Operator to stop, stand, or park a Tour Bus on a street, segment of a street, or route within the City of Los Angeles which the Department has determined is unsafe for use by a Tour Bus and where the Department has posted signs providing notice of this restriction.
First Violation. A first violation of this subsection by an Operator shall constitute a civil penalty in the amount of $300.
Second Violation. A second violation of this subsection occurring within 12 months of the first violation by an Operator shall constitute a civil penalty in the amount of $600.
Third and Subsequent Penalty. A third and any subsequent violation of this subsection occurring within 12 months of the first violation by an Operator shall constitute a civil penalty in the amount of $900.
(e) The Operator shall be guilty of a separate offense for each and every day during which any violation of this section is committed, continued, or permitted by the Operator.
(f) Severability. If any subsection, subdivision, clause, sentence, phrase or portion of this section is held unconstitutional or invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining subsections, subdivisions, clauses, sentences, phrases or portions of this section shall remain in full force and effect, and to this end the provisions of this section are severable.