Pomona Municipal Code § 46-7 Abandonment of railroad crossings

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Street includes all or any part of the entire width of right-of-way of any city street, whether or not such entire area is actually used for street purposes.

(Code 1959, § 28-1; Ord. No. 910, § 45)

Cross reference— Definitions generally, § 1-2.

(a) In compliance with the provisions of Vehicle Code § 42200, there is hereby created in the city treasury a special fund to be known as the street improvement fund.

(b) All money recovered under articles I through V of this chapter shall be paid into the street improvement fund.

(Code 1959, §§ 28-9, 28-10; Ord. No. 910, §§ 112, 136)

In compliance with Streets and Highways Code § 2113, there is created in the city treasury a special fund to be known as the special gas tax street improvement fund.

(Code 1959, § 28-36; Ord. No. 910, § 135)

Cross reference— Taxation, ch. 50.

The director of public works/city engineer shall charge an appropriate fee as approved by the city council by resolution for the cost of plan check and inspection of public works improvements (streets, sewers, storm drains, etc.) and certificates of compliance.

(Code 1959, § 28-301.1; Ord. No. 2838, § 1 (part); Ord. No. 3142, § 2)

The width of the right-of-way for all local city streets shall be at least 60 feet; the width between curbs on all such streets shall be at least 36 feet.

(Code 1959, § 28-7; Ord. No. 910, § 40)

The city may maintain any city street having a lesser width of right-of-way than that required in section 46-5, but shall not expend any money thereon for major construction or improvement until the width of right-of-way is at least 60 feet.

(Code 1959, § 28-8; Ord. No. 910, § 40)

With the consent of the state public utilities commission, the city council may abandon that portion of any local street which crosses the tracks or right-of-way of any railroad or street railroad and may close such crossing.

(Code 1959, § 28-2; Ord. No. 910, § 31)

(a) The city council may restrict the use of or close any street whenever the director of public works/city engineer considers such closing or restriction of use necessary for the protection of the public or for the protection of such street from damage during storms or during construction, improvement or maintenance thereon.

(b) To notify the public that a city street is closed or its use restricted, the director of public works/city engineer may:

(1) Erect suitable barriers or obstructions upon such street.

(2) Post warnings and notices of the condition of any such street.

(3) Post signs for the direction of traffic upon it or to or upon any other street or detour open to public travel.

(4) Place warning devices on such street.

(c) Any person who willfully fails, refuses or neglects to observe any type of warning or notice placed or posted in accordance with or who otherwise willfully violates this section is guilty of a misdemeanor.

(d) The police department shall cooperate with the director of public works/city engineer in the enforcement of the closing or restricting the use of any street.

(Code 1959, § 28-3; Ord. No. 910, §§ 35—38)

(a) Any person who constructs or maintains or causes, permits or allows to be constructed or maintained any opening or stairway in any public sidewalk, street, alley or other public way shall first file a written application with the city council and be issued a permit therefor. If such permit is granted, such person shall forthwith deposit with the city clerk an insurance policy, which in form shall be acceptable to the city council, in the sum of $25,000.00, conditioned to save the city harmless and indemnify the city from any loss or damage or liability resulting from such opening, stairway or use thereof.

(b) Any person who constructs or maintains or causes, permits or allows to be constructed or maintained any vault, space or room or structure under any public sidewalk, street, alley or other public way shall first file a written application with the director of public works/city engineer and be issued a permit therefor.

(c) Any person who in fact, prior to April 19, 1946, has, whether with or without a permit, constructed or maintained any opening or stairway in or any vault, space or room or structure under any public sidewalk, street, alley or other public way and continues to so maintain such opening, stairway, vault, space or room or structure in or under any such public place shall forthwith deposit with the city clerk an insurance policy, which in form shall be acceptable to the city council, in the sum of $25,000.00, conditioned to save the city harmless from any liability or damage resulting from or caused by any accidents from such opening, stairway, vault, space or room, or structure or the cover, trapdoor or manhole or the use thereof of any or all of them.

(Code 1959, § 28-46; Ord. No. 910, §§ 130—132)

(a) Any person who moves, causes, permits, or allows to be moved any building over, along, or across any street or public place without first having filed an application with the director of public works/city engineer in the manner prescribed in this section and having been issued a permit therefor is guilty of a misdemeanor.

(b) Every person applying for a permit to move any building over, along, or across any street or public place shall file with the director of public works/city engineer an application signed and setting forth as follows:

(1) The name and address of the applicant.

(2) The number of the valid business license to move buildings held by the applicant.

(3) The present location of the building to be moved.

(4) The proposed location or destination to which it is proposed to move such building.

(5) The greatest width of the building as measured at right angles to the axis of movement.

(6) The type of construction of such building.

(7) The proposed date for moving such building.

(c) The fixed deposits for a permit to move any building over, along, or across any street or public place are as set by resolution of the city council. However, before granting a permit under this section, the director of public works/city engineer may require, in addition to such deposit, a bond as provided in section 46-186.

(d) An application for a permit to move any building over, along, or across any street or public place, accompanied by cash or a certified check in an amount equal to the fixed deposit and, when so required, the necessary bond shall be filed with the director of public works/city engineer. The director of public works/city engineer may issue a permit upon a showing that there will be compliance with all laws and ordinances and a further showing that public safety will not be endangered. A permit shall provide as follows:

(1) The permit is nontransferable.

(2) The permit shall be for one building only, as described in the application.

(3) The route over which the building shall be moved.

(4) The hours during which such moving shall take place.

(5) The moving of any building over, along, or across any street or public place shall be prosecuted in a manner approved by the director of public works/city engineer.

(e) The director of public works/city engineer shall refund to the person having made the bond provided for by this section any balance remaining in his hands after deducting the cost of any repairs made necessary by damage to any street or public place by the moving of any building.

(Code 1959, §§ 28-11—28-15; Ord. No. 910, § 90)

Cross reference— Buildings and building regulations, ch. 74.

(a) Any person who places, causes, permits, or allows to be placed any soil, gravel or other material in or on any street without first having filed an application with the director of public works/city engineer and is issued a permit therefor is guilty of a misdemeanor.

(b) All persons are prohibited from pouring, spilling or allowing to drop kerosene, gasoline, crude oil or distillate upon any asphalt street or alley in the city.

(Code 1959, §§ 28-16, 28-35; Ord. No. 190, § 91; Ord. No. 309, § 1)

State Law reference— Littering, Penal Code § 374 et seq.

(a) On property at any corner from intersecting streets, it shall be unlawful to install, set out or maintain or cause, permit, or allow to be installed, set out or maintained any sign, hedge, shrubbery, natural growth or other obstructions to the view higher than three feet above the gutter flow line of the curb immediately adjacent to the corner property within that triangular area of both public and private property bounded by either the curblines of the intersecting streets and a diagonal line determined by joining points on the curb 45 feet from the intersection of the extended curblines or, in the absence of curbs, by the continuation of a diagonal line to the roadway through points on the property line measured 25 feet from the intersection of the property lines or their extensions.

(b) No obstruction to cross visibility shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption of the ordinance from which this subsection is derived, unless expressly exempted by the terms of this subsection. Subsection (a) of this section shall not apply to permanent buildings; public utility poles; trees trimmed to the trunk and to a line at least eight feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent buildings existing on April 19, 1946; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.

(c) When notice is given by the director of public works/city engineer, in the manner provided by section 46-156(b), to any person who installs, sets out or maintains or causes, permits or allows to be installed, set out or maintained any sign, hedge, shrubbery, natural growth or other obstruction to the view, such person shall, within the time set forth in the notice and at his own expense, remove or eliminate such obstruction to cross visibility.

(d) The city may cause to be removed any obstruction to cross visibility on the failure of the owner to comply with a notice or demand of the director of public works/city engineer under section 46-156(b), and the city shall have an action at law to recover the expense of such removal, costs and expense of suit.

(e) Violations of this section are a nuisance within the meaning of article II of chapter 18.

(Code 1959, § 28-23; Ord. No. 910, §§ 105, 106, 108, 109, 111; Ord. No. 1701, § 1; Ord. No. 3387, § 1)

Any person who engages in the playing of any ball game in or upon any street, alley, sidewalk, or parkway is guilty of a misdemeanor.

(Code 1959, § 28-29; Ord. No. 908, § 222)

No person shall park any motor vehicle from which goods, wares, merchandise or food are sold, displayed, solicited or offered for sale on any portion of any street within the city for more than ten minutes at any location.

(Code 1959, § 28-31; Ord. No. 908, § 224; Ord. No. 3240, § 2; Ord. No. 3648, § 1)

Cross reference— Licenses, permits and miscellaneous provisions, ch. 30.

Editor's note— Ord. No. 4312, § 1, adopted March 21, 2022, repealed § 46-15, which pertained to placement of mailboxes and derived from Code 1959, § 28-32.5; and Ord. No. 2774, § 1.