HomeMy WebLinkAboutMC-1419 Adopted: December 7, 2015
Effective: January 7, 2016
ORDINANCE NO. MC-1419
1 AN ORDINANCE
ADDING CHAPTER 9.62 OF THE AN BERNARDINO MUNICIPAL CODE
BERNARDINO A
2 REGARDING MEDIAN ISLAND SAFETY
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WHEREAS, it is the intent of the Mayor and Common Council to address the safety of persons
4 loitering in median islands and the secondary effects of disruption, delay, and congested traffic; and
5 WHEREAS,the Mayor and Common Council find that such activities present safety hazards to
6 the persons on the median islands and occupants of moving vehicles;
7 WHEREAS,the Mayor and Common Council further find that such activities cause traffic
8 congestion, interference with passage on public streets, and other safety impacts which result from the
conduct occurring on or near the median islands, and not from the content or viewpoint of any such
9 speech activity in which any of them may be engaged; and
10 WHEREAS,the Mayor and Common Council find and declare that its intent in enacting this
11 Ordinance is not to interfere with the exercise of First Amendment rights of persons lingering, loitering,
or soliciting on median islands, but only to minimize the safety hazards to persons on the median islands
12 as well as occupants of motor vehicles in a particular place and manner which minimizes those safety
13 hazards; and
14 WHEREAS,the Mayor and Common Council find and declare that this Ordinance leaves open
significant and reasonable available channels of communication to persons who wish to communicate
15 their desire to obtain employment, contributions, or business, or convey a particular message, and to
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persons who wish to make contributions, purchase goods and services, hire those who are available for
employment, or receive a particular message; and
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WHEREAS,the Mayor and Common Council find and declare that this Ordinance leaves
18 significant and reasonable available alternative channels of communication that include, but are not
d distribution of flyers and
19 limited to, communication with occupants of lawfully parked vehicles, an
similar materials to pedestrians and occupants of lawfully parked vehicles, and upon sidewalks within
20 the City;
21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
22 BERNARDINO DO ORDAIN AS FOLLOWS:
23 Chapter 9.62 of the San Bernardino Municipal Code is hereby added to the San Bernardino
24 Municipal Code to read in its entirety as follows:
25 Chapter 9.62
Median Island Safety
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27 9.62.010: Declaration of Purpose of Median Islands
9.62.020: Definitions
28 9.62.030: Prohibition of Lingering, Solicitation, or Loitering on Median Islands
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MC-1419
ORDINANCE NO. MC-1419
1 9.62.040: Signs or Other Objects Prohibited
9.62.050: Distribution or Exchange of Objects Prohibited
2 9.62.060: Exceptions
3 9.62.070: Violation
9.62.080: Severability
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5 9.62.010 Declaration of Purpose of Median Islands.
The City Council hereby declares the purpose of median islands within City streets is as follows:
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A. To promote safety by separation vehicular traffic traveling in one direction from vehicular
7 traffic traveling in the opposite direction;
8 B. To promote safety by providing a place of safety and respite for pedestrians while
9 crossing City streets at intersections and other approved crossings, particularly for the
elderly and disabled who may need additional time to safely cross City streets that traffic
10 signals allow; and
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C. To improve the visual appeal of City streets.
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13 9.62.020 Definitions.
For the purpose of this Chapter,the following definitions shall apply:
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A. "Linger" means remaining in a median island longer than two traffic signal cycles, except in
15 an emergency.
16 B. "Loitering" means standing or lingering in a median island for any purpose other than to
17 safely and lawfully cross the street, except in an emergency.
18 C. "Median Island" means a paved or planted area separating a street, or highway, into two (2)
19 or more lanes or directions of travel, excluding transit stations that are situated between lanes
of travel.
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21 D. "Solicit" means any request made in person seeking an immediate request for or donation of
money, food, cigarettes or any other items of value, or for the purchase of an item for an amount
22 far exceeding its value, under circumstances where a reasonable person would understand that
the purchase is in substance a donation. "Solicit" also means any verbal request, or any non-
23 verbal request made with a sign,by a person seeking an immediate donation of money, food,
24 cigarettes, or any other items of value or the request that items be purchased for any goods,
wares, or merchandise or any article to be delivered in the future, or for services to be performed
25 in the future, or for making, manufacturing, or repairing any article whatsoever for future
delivery, or for subscriptions to periodicals or tickets of admission to entertainments or
26 memberships in any clubs.
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9.62.030 Prohibition of Lingering, Soliciting, or Loitering on Median Island.
28 It shall be unlawful for any person to linger, solicit, or loiter on a median island within the City.
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MC-1419
ORDINANCE NO. MC-1419
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9.62.040 Signs or Other Objects Prohibited.
2 No person shall bring any sign, material, or other object on the median island that will obstruct
3 any traffic signal light or extend into a traffic lane or obscure any traffic sign on a median island. No
person, sign, material, or other object on the median island shall obstruct any traffic signal light or
4 extend into a traffic lane or obstruct a traffic sign on such a median island.
5 9.62.050 Distribution or Exchange of Objects Prohibited.
6 No person, while standing on a median island or by stepping off a median island, shall exchange
any object with an occupant of a motor vehicle.
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8 9.62.060 Exceptions
9 A. This Chapter shall not apply to freeway oriented solicitation prohibited by California Vehicle
Code Section 22520.5.
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11 B. This Chapter shall not apply to those persons occupying a median while conducting activities
related to maintenance, surveying, construction, landscape maintenance, landscape
12 improvements, law enforcement,responding to an emergency, or as otherwise permitted by law.
13 9.62.070 Violation.
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A violation of this Chapter is an infraction or misdemeanor,punishable in accordance with
Chapter 1.12.010 of this Code. In addition, the City Attorney shall also have the power to see
15 injunctive relief for any violation of this Chapter.
16 9.62.080 Severability.
17 If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
18 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The
19 City Council hereby declares that it would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
20 sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
21 unconstitutional.
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MC-1419
ORDINANCE NO. MC-1419
1 AN ORDINANCE THE AP
BERNARDINO ADDING CHAPTER 9.62 OF THE AN BERNARDINO MUNICIPAL CODE
2 REGARDING MEDIAN ISLAND SAFETY
3 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7th day of
5 December, 2015,by the following vote, to wit:
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7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ X
9
BARRIOS X
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VALDIVIA X
12 SHORETT X
13 NICKEL X
14 X
JOHNSON
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MULVIHILL X
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18 Georgeann anna, CM , City Clerk
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The foregoing Ordinance is hereby approved this ll --day of D cember, 20
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22 R. Carey Davis, ayor
City of San Be ardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
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26 By:
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