Merced Municipal Code Ch. 10.25 Median Island Safety

The city council hereby declares the purpose of medians within city streets is as follows:

A. To promote safety by separating vehicular traffic traveling in one direction from vehicular traffic traveling in the opposite direction; and,

B. To promote safety by providing a place of safety and respite for pedestrians while 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 than traffic signals allow; and,

C. To improve the visual appeal of city streets.

(Ord. No. 2417, § 1, 12-2-2013)

For the purpose of this chapter, the following definitions shall apply:

A. "Linger" means remaining in a median longer than two (2) traffic signal cycles, except in an emergency.

B. "Loitering" means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency.

C. "Median" means a paved or planted area separating a street, or highway, into two (2) or more lanes or directions of travel.

D. "Motor vehicle" means any propelled vehicle or vehicle drawn by a power other than muscular power, other than a motorized wheelchair.

E. "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 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-verbal request made with a sign, by a person seeking an immediate donation of money, food, 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 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 memberships in any clubs.

(Ord. No. 2417, § 1, 12-2-2013)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any person to linger, solicit, or loiter on a median within the city.

(Ord. No. 2417, § 1, 12-2-2013)

The provisions of this chapter apply to medians on the following city streets: Auto Center Drive; G Street; M Street; Martin Luther King, Jr. Way; Boulevard; Olive Avenue; R Street; V Street; and Yosemite Avenue.

(Ord. No. 2417, § 1, 12-2-2013)

No person shall be allowed to bring any sign, material, or other object on the median island that will obstruct any traffic signal light or extend into a traffic lane or obscure any traffic sign on the median. No person, sign, material, or other object on the median island shall obstruct any traffic signal light or extend into a traffic lane or obstruct a traffic sign on such median.

(Ord. No. 2417, § 1, 12-2-2013)

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

(Ord. No. 2417, § 1, 12-2-2013)

No person, while standing on a median, shall exchange any object with an occupant of a motor vehicle.

(Ord. No. 2417, § 1, 12-2-2013)

All persons shall be required to follow all applicable federal, state, and local laws while on the median.

(Ord. No. 2417, § 1, 12-2-2013)

A. This chapter shall not apply to freeway oriented solicitation prohibited by California Vehicle Code Section 22520.5.

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

(Ord. No. 2417, § 1, 12-2-2013)

A. A violation of this chapter is a misdemeanor, punishable in accordance with Chapter 1.12 of this code.

B. In addition, the city attorney shall also have the power to seek injunctive relief for any violation of this chapter.

C. In addition to any administrative penalty assessed for a violation of this chapter, any person or organization found in violation of this chapter will be charged abatement, actual, administrative and enforcement costs calculated to recover the total costs incurred by the city in enforcing the chapter.

(Ord. No. 2417, § 1, 12-2-2013)