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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