San Diego County Municipal Code Ch. 2 Use of Off-Highway Motor Vehicles in the Area of Borrego Springs

No person shall operate any off-highway motor vehicle on the streets and highways of the area of Borrego Springs described in Section 74.202 except as permitted by Section 38025 of the Vehicle Code nor operate any off-highway motor vehicle on privately owned property within said area except by written or oral permission of the owner, or lessee, or other person in charge of said property in each instance, unless the operator of such vehicle has visible or lawful business with the owner, lessee, or other person in charge of said property.

(Added by Ord. No. 6261 (N.S.), effective 4-22-82)

The area of Borrego Springs to which the provisions of Section 74.201 apply is within the following boundaries:

Beginning at the intersection of Ocotillo Circle and Verbena Drive, east to Borrego Springs Road, North to Circle J Drive, East to DiGiorgio Road, South to Diamond Bar Road, West to Borrego Springs Road, South to T Anchor Drive, North along Country Club Drive and Ocotillo Circle to the point of beginning.

(Added by Ord. No. 6261 (N.S.), effective 4-22-82)

As used in this Chapter, "off-highway motor vehicle" means a motor vehicle as defined in Section 38012 of the Vehicle Code.

(Added by Ord. No. 6261 (N.S.), effective 4-22-82)

[CHAPTER 3. EMPLOYMENT STANDARDS]

(a) As used in this Section, the following terms shall have the following meaning:

(i) Highway: Means the entire width of a street dedicated to public use and accepted into the system of streets maintained by the County of San Diego in accordance with Streets & Highways Code section 941 whether or not the street area has been improved for use as a street.

(ii) Prevailing Wage: Means the wage required by Labor Code section 1720 et seq. to be paid to a worker on a public works or maintenance project in the location where the work is performed.

(iii) Small Project: Means any work within a Highway in support of the construction, renovation, or repair of a single-family home, an event sponsored by a non-profit organization that makes use of a Highway for no more than one day, or any project costing less than $1,000 per Labor Code section 1771 or any subsequent dollar threshold applicable to the payment of Prevailing Wages established by State law.

(iv) Traffic Control Worker: Means any person engaged in stopping, slowing or directing traffic through a construction site or other portion of a Highway subject to a disruption in travel; except, the term does not include any public agency employee engaged in traffic control for the public agency.

(b) All Traffic Control Workers providing traffic control work to stop, slow, or direct traffic on a Highway, except if engaged on a Small Project, shall be paid a wage equivalent to the Prevailing Wage otherwise owed to persons engaged on a public works or maintenance project for the same or substantially similar work.

(c) Any permit or approval issued by the County of San Diego after the effective date of this Ordinance to perform work within a Highway that requires the use of a Traffic Control Worker shall be deemed to include the requirement to pay the wage specified by Subsection (b). Any failure to pay the required wage may, without limitation, be enforced by the Director of the Office of Labor Standards and Enforcement or any other County official with enforcement authority as a violation of the terms of the permit or approval.

(d) This Section shall not apply to the extent prohibited by law or by State or federal funding source requirements applicable to the work, or where the Board of Supervisors has waived all or a portion of the requirement with regard to a particular project or activity.

(Added by Ord. No. 10828 (N.S.), effective 3-10-23)