Fresno Municipal Code Art. 25 Median Island Safety

It shall be unlawful for any person to loiter on a median island without a City issued permit.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

The permit shall be obtained by filling out a City application. Said application shall be obtained at the City of Fresno Public Works Department. The fee for the permit shall be as established by Council resolution and contained in the City Master Fee Schedule. A permittee shall have the opportunity to request a waiver of fees for the permit. The Public Works Department, in its sole discretion shall determine whether to grant or deny the waiver request based upon the criteria listed on the Fee Waiver Request document.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

The Traffic Division of the City of Fresno shall create and provide a document listing the location of median islands in the City on which a permittee may conduct its permitted activities. The list shall be made available to the public at the City Public Works Department.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

There shall be two types of permits:

(a) Specific Median Island Permit - A permit that would allow an permittee to occupy a specific, City approved median island.

(b) Multiple Median Island Permit - A permit that would allow a permittee to occupy any City approved median island.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

(a) No permit shall be issued under this section unless the permittee obtains and maintains, at no cost to the City, a personal injury and property damage liability insurance policy, with coverage not less than as required by the City Risk Manager.

(b) A permittee shall have the opportunity to request a waiver of the requirements in this section. The City, in its sole discretion, shall determine whether to grant or deny the waiver request based upon undue hardship as set forth in the criteria listed on the Liability Insurance Waiver Request Form.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

A permittee under this article shall, and by acceptance of his permit does, to the furthest extent allowed by law, hereby agree to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers, as provided in a written statement set forth in the permit form, as approved by the City Risk Manager.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

All permittees shall wear orange colored safety clothing. Such clothing shall include, but not be limited to, orange colored or reflective vests and/or shirts.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

(a) All permit applicants shall be no younger than 18 years of age. The City shall require proof of age by the permit applicant providing a valid birth certificate, valid California Drivers License or other California State Issued Identification Card containing the permit applicant's birth date.

(b) In the case of a Multiple Median Island permittee, persons no younger than 16 years of age may request and be permitted to act in the approved median islands if they have been given instruction in safety procedures by the permittee and are directly monitored by the adult permittee or authorized representative. For organizational permittees, all persons to be covered under the permit shall be listed in the application, with proof of age provided by the organization for each person.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

All specific median island permittees shall be required to carry and display the permit while on the median island. Any such person must show the permit to any City employee upon request.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

No permittee shall be allowed to bring any signs, materials or other objects on the median island that will obstruct any signal light or extend into a traffic lane or obscure any traffic sign on the median. No animal shall be allowed on the median island, other than a service animal. No person, sign, material, animal or other object on the median island shall obstruct any signal light or extend into a traffic lane or other traffic sign.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

No person shall step off the median island to exchange any object with a vehicle occupant.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

No person shall exchange any object with an occupant of a moving vehicle.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

All permittees shall be required to clean up and remove all litter, junk or any other material before they leave the median island. Any person or organization violating this section shall be required to reimburse the City for any costs related to the clean up and removal of any items left on the median.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

All permittees shall be required to follow all applicable Federal, State and Local laws while on the median.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

All permittees shall be required at the time of application, to sign an acknowledgement and agreement to abide by all the rules and regulations listed in this Chapter.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

A Specific Median Island Permit or Multiple Median Island Permit shall not be issued to an individual or organization more than once every six (6) months.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

A permit issued under this section shall only be valid from sunrise to sunset of the date listed on the Permit. The Permit is revocable due to unsafe conditions, such as poor visibility, including weather, fog or as determined by a Fresno Police Officer.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

Permits issued under this section shall be non-transferable.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

(a) This Article shall not apply to freeway oriented solicitation prohibited by California Vehicle Code section 22520.5.

(b) The permit procedure for charitable solicitations by public safety personnel shall be as set forth in California Business and Professions Code section 17510.25.

(c) This Article shall not apply to those persons occupying a median while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, responding to an emergency, or as otherwise permitted by law.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

For the purposes of this section, the following definitions shall apply:

(a) "Median" shall mean a paved or planted area separating a street, or highway, into two (2) or more lanes or directions of travel. City-Approved median islands as provided in SEC. 14-2503, shall be not less than four (4) feet wide.

(b) "Permittee" means any person or organization applying for, or issued a median island solicitation permit under this section, or any employee, agent, representative or other person who shall be occupying a median island for that person or organization.

(c) In this Chapter, "Loitering" means standing or lingering in a median island without a permit, or exception as provided in SEC. 14-2519, other than to safely and lawfully cross the street.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

An applicant that has been denied the issuance of a permit may appeal that decision. The procedure for all appeals regarding denial of a permit shall be as established under Chapter 1, Article 4 of the Fresno Municipal Code.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

(a) A violation of this chapter is a misdemeanor, punishable upon conviction by imprisonment in the county jail for a term not to exceed six (6) months, or by a fine not to exceed two hundred fifty dollars ($250) for the first offense, five hundred dollars ($500) for the second offense within six months of the first offense, and one thousand dollars ($1,000) for the third or subsequent offense within six months of the first offense, or by both fine and imprisonment.

(b) In addition, the City Attorney shall also have the power to seek injunctive relief for any violation of this Article.

(c) In addition to any administrative penalty assessed for a violation of this article, any person or organization found in violation of this article will be charged abatement, actual, administrative and enforcement costs as defined in Section 1-503, calculated to recover the total costs incurred by the City in enforcing this Article.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).

This Ordinance shall be reviewed by the Council within one (1) year of the effective date of the Ordinance.

(Added Ord. No. 2010-5, § 1, eff. 4-17-10).