HomeMy WebLinkAboutMC-783
10
11
12
13
14
15
16
17
18
19
20
21
.
1
ORDINANCE NO. MC-783
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
12.30 TO THE SAN BERNARDINO MUNICIPAL CODE TO PROHIBIT SIGHT
3 RESTRICTIONS WITHIN SIGHT TRIANGLE FOR SIGHT DISTANCE
REQUIREMENTS, AMENDING SECTIONS 12.40.120 AND 12.40.130(B) AND
4 REPEALING SECTION 19.62.030 OF THE SAN BERNARDINO MUNICIPAL CODE.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 12.30, "SIGHT DISTANCE REQUIREMENT," is
7
hereby added to the San Bernardino Municipal Code, as follows:
8
"12.30.010:
Definitions
9
A. 'Director of Public Works/City Engineer' as used in
this Chapter includes any authorized representative of said
director.
B. 'Traffic Engineer' as used in this Chapter includes any
authorized representative of the City's Traffic Engineer.
C. 'Sight restriction' as used in this Chapter includes
any obstruction to a driver's line of sight.
D. 'Sight triangle' as used in this Chapter means the area
in which no sight restrictions are allowed.
12.30.020:
Provision of Sight Distance
Sufficient sight distance shall be provided at all
intersections to allow approaching vehicles to stop before
Colliding with a vehicle on an intersecting street. No
22
obstructions that create a sight restriction shall be permitted
23
within the clear sight triangle, as shown on the Standard
24
Drawing(s) for Sight Distance Requirements incorporated into the
25
Traffic Policy Paper promulgated from time to time by the
26
Department of Public Works and on file with the City Clerk.
27
/
/
/
28
DAB/ses/Sight.ord
April 4, 1991
1
~
.
MC-783
1
12.30.030:
Obstructions
2
Obstructions shall include any object extending more than
3 two and one-half (2 1/2') feet above the pavement, at the
4 curblines of the intersecting streets, such as trees, shrubs,
5 fences, walls, newspaper racks, utility facilities, bus shelters,
6 etc. Trees, trimmed to a minimum height of eight (8') feet above
7 ground, traffic signal and street light poles, shall not be
8 considered as obstructions, unless a finding is made by the
9 Traffic Engineer that they constitute a sight restriction based
10 on the size, trunk diameter, number in a small area, or number in
11
a row.
Legally parked motor vehicles shall not constitute an
12 obstruction.
13
12.30.040:
Existing Obstructions
14 This chapter shall not apply to conditions existing on the
15 effective date of this Chapter, but as preexisting corner sight
16 obstructions are discovered which may affect the health and
17 safety of residents of the City of San Bernardino, the provisions
18 of this Chapter may be looked to as guidelines as to how such
19 sight obstructions may be remedied.
20
12.30.050:
Street Trees
21 Removal of Street Trees shall be in accordance with Chapter
22 12.40 of this Code.
23
12.30.060:
Violation - Penalty
24
Any person violating any provision of this Chapter is
25 guilty of an infraction, which upon conviction thereof is
26 punishable in accordance with the provisions of Section 1.12.010
27 of this Code."
28
DAB/ses/Sight.ord
April 4, 1991
2
.
MC-783
1
Section 2.
Section 12.40.120 of the San Bernardino
2 Municipal Code is amended to read as follows:
3
"12.40.120:
Height of Plants
4
It is unlawful for the owner or occupant of any corner
A.
5 lot in the City to keep, permi t, or maintain trees, hedges,
6 shrubs, or any growth within the sight triangle as shown on the
7 Standard Drawing(s) referenced in Section 12.30.020 of this Code,
8 unless the trees, shrubs, hedges or other growth are trimmed so
9 that the height of same shall not exceed two and one-half (2
10 1/2') feet above the pavement at the curblines of the
1i intersecting streets, except that trees with main stalks or
12 trunks exposed to a height of eight (8') feet above the ground
13 need not be trimmed or cut, unless directed to do so by the
14 Director of Public Works.
15
B.
It is unlawful for any owner or occupant of any
16 premises in the City to permit, keep, or maintain hedges, shrubs,
17 or any growth over two (2') feet in height within a distance of
18 six (6') feet from the property line at any point within six (6')
19 feet of a driveway, except that trees with main stalks or trunks
20 exposed to a height of eight (8') feet above the ground need not
21 be trimmed or cut unless the trees are determined to constitute a
22 sight restriction to the Director of Public Works."
23
Section 12.40.130(B) of the San Bernardino
SECTION 3.
24 Municipal Code is amended to read as follows:
25
"B.
Any tree, shrub or palm growing on any parkway or
26 sidewalk which is damaged in violation of Section 12.40.110 or
27 any growth of any tree, shrub, or hedge or other vegetation which
28
DAB/ses/Sight.ord
April 4, 1991
3
. MC-783
~
1 is in excess of the height limits set forth in Section 12.40.120,
2 unless otherwise permitted by the Traffic Engineer, is hereby
3 declared a public nuisance, the removal of which is necessary to
4
protect the health and safety of the City's inhabitants.
The
5 Director of Public Works may find and declare the same to be a
6 public nuisance, may order abatement thereof in accordance with
7 the procedure set for abatement pursuant to Chapter 8.30, and may
8 assess costs for the abatement pursuant to Chapter 3.68 of this
10
9 Code."
SECTION 4.
Section 19.62.030 of the San Bernardino
11 Municipal Code is hereby repealed.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DAB/ses/Sight.ord
April 4, 1991
4
.
MC-783
1
ORDINANCE...ADDING CHAPTER 12.30...TO PROHIBIT SIGHT
RESTRICTIONS WITHIN SIGHT TRIANGLE FOR SIGHT DISTANCE...
2
3
I HEREBY CERTIFY that the foregoing ordinance was duly
4
adopted by the Mayor and Common Council of the City of
5
San Bernardino at a regular
meeting thereof, held on the
6
6th
day of May
1991, by the following vote, to wit:
7
Council Members:
AYES
NAYS
ABSTAIN
8
ESTRADA
x
9
REILLY
x
10
FLORES
x
11
MAUDSLEY
x
12
MINOR
x
13
POPE-LUDLAM
14
MILLER
x
15
16
G(~ ~-4~
City Clerk
17
18
The foregoing ordinance is hereby approved this 7/1v day
19
of
20
May
, 1991.
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
27
28
DAB/ses/Sight.ord
April 4, 1991
5