Merced County Municipal Code Ch. 13.24 Sight Distance at Public Intersections and Private Driveways

The purpose of this chapter is to reduce potential vehicle conflicts at public intersections and private driveways. This chapter is established to reduce such conflicts through the regulation of obstructions that may interfere with the view of approaching traffic.

(Ord. 1434, 1992)

Board:

The Board of Supervisors of Merced County.

County:

All of the unincorporated areas within the County of Merced, State of California.

Obstructions:

Any object, natural or man-made, that may be considered a barrier to visibility. Some common obstructions are structures, fences, signs, vegetation, and vehicles (Vehicle Code § 22507).

Roadway surface:

The elevation of the nearest pavement surface or the nearest traveled way when there is no pavement.

Traveled way:

The lanes used by traffic excluding shoulder area. (Typically 121 from centerline of roadway.)

Sight triangle:

An area of land, triangular in shape, through which a motorist's line of sight passes in order to safely see approaching traffic. [Figures 13.24-1 and 13.24-2 can be viewed in hard copy of Merced County Code Book]

Public intersection:

The crossing of two or more county maintained roads.

(Ord. 1434, 1992)

It is unlawful to install or maintain any obstruction higher than two feet, six inches (2', 6") above the nearest roadway surface within the required sight triangle. This required sight triangle shall be determined as follows:

A. The required sight triangle for public roadway intersections with stop control on the minor road shall be as shown in Figure 13.24-1. If it can be shown that the cost to obtain the required sight distance is excessive, the stopping sight distance, shown in Figure 13.24-1, may be used with the approval of the Director of Public Works.

B. The required sight triangle for public roadway intersections with no control shall be as shown in Figure 13.24-2.

C. The sight triangle for private driveways that have access to a public roadway shall be maintained by the individual property owner. As a minimum, the sight triangle shown in Figure 13.24-1 should be maintained.

(Ord. 1434, 1992)

If any of the following is determined, by the Department of Public Works, through current traffic engineering technology not to constitute a potential vehicle conflict or if the potential vehicle conflict can be eliminated through use of an approved traffic control method, the foregoing regulation shall not apply.

A. Existing permanent buildings.

B. Existing Public Utility Poles and appurtenances.

C. Trees trimmed to the trunk so as to provide a clear open space between the roadway surface and a plane six feet higher.

D. Fences in conformance with setback requirements and of a type which in no way obstructs sight distance.

E. Official signs, street lights, or signals.

F. Places where the natural contour of the ground itself limits the sight distance at the intersection.

G. Signs mounted so as to provide a clear open space of seven feet or more above the ground and whose supports do not constitute an obstruction to sight distance.

H. Necessary construction, maintenance, and emergency vehicles (provided that required traffic warning signs are in place).

I. Obstructions at private driveways that existed before the enactment of this ordinance or were existing prior to the driveway construction.

(Ord. 1434, 1992)

Nothing in any provision of this code shall be construed to limit or restrict the right/authority of the Merced County Road Commissioner to require the removal of any encroachment within the Merced County right-of-way as specified in Chapter 6, Division 2, of the Streets and Highways Code.

(Ord. 1434, 1992)

Any obstruction maintained in violation of this chapter shall be deemed a public nuisance. Each violation of this chapter is an infraction punishable as prescribed in Chapter 1.28 of this Code.

(Ord. 1434, 1992)

A. The Director of Public Works, or his authorized representative, is authorized to investigate violations of this chapter, to serve written notices of infractions hereof, and perform such other duties in connection with the enforcement of this chapter as may be required, including removing or ordering the removal of the obstruction if deemed an emergency, and charge the responsible party.

B. Every person who either owns, occupies, or leases a property or premises who maintains or allows a public nuisance in violation of this chapter to exist 10 days after receiving written notice, is guilty of an infraction with penalties as prescribed in Chapter 1.28 of this Code. The existence of a nuisance for each and every day after service of written notice shall be deemed a separate and distinct offense. The Merced County District Attorney is responsible for prosecuting all persons guilty of violation of this chapter.

(Ord. 1434, 1992)

Any person affected or aggravated with the action of the Director of Public Works in connection with the enforcement of this ordinance may appeal to the Board of Supervisors. The appeal must be received by the Board of Supervisors within 10 days after notice of infraction, as described in § 13.24.070 "Enforcement" of this chapter, has been received. Obstructions found by the Board at a public hearing not to create a potential vehicle conflict may be exempted from the regulations contained in this ordinance. Such finding should be supported by evidence provided by a Civil Engineer registered in the State of California.

(Ord. 1434, 1992)