Ceres Municipal Code Ch. 07 Visibility Obstructions at Public Intersections

In order to provide traffic safety at public intersections, obstructions that would otherwise interfere with the view of traffic at public intersections are controlled as provided in this chapter.

(Ord. No. 2020-1057, § 2, 3-23-2020)

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Obstructions includes, but is not limited to, all structures, signs, hedges, shrubbery, trees, natural growth, fences, or other barriers to view, natural or manmade.

Street right-of-way line determines the controlled triangular area for restricting obstructions.

(Ord. No. 2020-1057, § 2, 3-23-2020)

It is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance, on property at any corner formed by intersecting streets within the City, of any obstruction to the view, higher than three feet above either the top of the curb or the top of the nearest pavement surface or the nearest traveled roadway where there is no curb within that controlled triangular area defined as follows:

For all intersecting public streets, the controlled triangular area is that area created by measuring a distance of 25 feet from the intersection of the street right-of-way lines (or in the case of rounded corners, the intersection of the projected street right-of-way lines) and the diagonal line created by connecting these two points.

(Ord. No. 2020-1057, § 2, 3-23-2020)

The foregoing provisions shall not apply to the following:

A. Existing permanent buildings;

B. Public utility poles and appurtenances;

C. Trees trimmed to the trunk so as to provide a clear open space between the top of the curb or pavement grade where no curb exists, and a plane eight feet higher ("pavement grade" being defined as either the nearest pavement surface or the nearest traveled roadway where there is no pavement);

D. Fences of a type which in no way obstruct vision;

E. Official signs, streetlights, or signals;

F. Places where the contour of the ground is such that there can be no cross-visibility at the intersection;

G. Signs mounted so as to provide a clear open space (excepting for supporting members) of eight feet or more above the ground and whose supports do not constitute an obstruction to sight visibility;

H. Necessary construction, maintenance, and emergency vehicles so long as required traffic warning signs are in place;

I. Obstructions found by the Council at a public hearing not to create a traffic hazard. Such finding may be supported by evidence provided by a traffic engineer registered in the State of California that the obstruction is not a traffic hazard;

J. Young trees as long as they do not obstruct the visibility.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Nothing in section 12.07.040, or any provision in this chapter, shall be construed to limit or restrict the right or authority of the Director of Public Works to order removal and/or have removed any obstruction to sight distance, existing or planned, which is determined by current traffic engineering technology to constitute a hazard to the traveling public as provided by law.

(Ord. No. 2020-1057, § 2, 3-23-2020)

No obstruction to cross-visibility shall be deemed to be exempt from the application of this chapter because of its being in existence at the time of the adoption hereof, unless expressly exempted by the terms of section 12.07.040.

(Ord. No. 2020-1057, § 2, 3-23-2020)

Any obstruction maintained in violation of this chapter shall be deemed a public nuisance and thus subject to the enforcement and hearing requirements found under title 19.

(Ord. No. 2020-1057, § 2, 3-23-2020)