San Bernardino Municipal Code Ch. 9.62 Median Island Safety

Section

Editor’s note:

This chapter is added by Ord. MC-1419, passed 12-7-2015.

The City Council declares the purpose of median islands within city streets is as follows:

(A) To promote safety by separation vehicular traffic traveling in one direction from vehicular traffic traveling in the opposite direction;

(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 that traffic signals allow; and

(C) To improve the visual appeal of city streets.

(Ord. MC-1419, passed 12-7-2015)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LINGER. Remaining in a median island longer than two traffic signal cycles, except in an emergency.

LOITERING. Standing or lingering in a median island for any purpose other than to safely and lawfully cross the street, except in an emergency.

MEDIAN ISLAND. A paved or planted area separating a street or highway, into two or more lanes or directions of travel, excluding transit stations that are situated between lanes of travel.

SOLICIT. 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. MC-1419, passed 12-7-2015)

It shall be unlawful for any person to linger, solicit or loiter on a median island within the city.

(Ord. MC-1419, passed 12-7-2015)

No person shall 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 a median island. 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 a median island.

(Ord. MC-1419, passed 12-7-2015)

No person, while standing on a median island or by stepping off a median island, shall exchange any object with an occupant of a motor vehicle.

(Ord. MC-1419, passed 12-7-2015)

(A) This chapter shall not apply to freeway oriented solicitation prohibited by Cal. Vehicle Code, § 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. MC-1419, passed 12-7-2015)

A violation of this chapter is an infraction or misdemeanor, punishable in accordance with § 1.12.010. In addition, the City Attorney shall also have the power to see injunctive relief for any violation of this chapter.

(Ord. MC-1419, passed 12-7-2015)

If any section, division, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, division, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, divisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

(Ord. MC-1419, passed 12-7-2015)