Chapter 11.14 — LIMITATION ON HOURS OF CONSTRUCTION IN CITY STREETS

The definitions set forth in this chapter shall govern the application and interpretation of this chapter.

(Ord. 26048.)

"Arterial" is defined as such by the land use/transportation diagram of the general plan for the City of San José as it now exists or may hereafter be amended or constituted.

(Ord. 26048.)

"Construction activity" means the construction, rehabilitation, repair, reconstruction and maintenance of pavement, landscaping, sidewalk, curb, gutter, storm and sanitary sewer infrastructure, utilities, or any of its appurtenances to the foregoing facilities within the public street right-of-way.

(Ord. 26048.)

"Emergency" means an unforeseen circumstance or circumstances or the resulting situation that calls for immediate action to protect life, property, or public welfare from imminent harm. The term includes, but is not limited to a fire, a natural disaster, an automobile accident; a utility break, and a utility service interruption.

(Ord. 26048.)

"Peak commute hours" means the hours between 6:00 a.m. to 8:30 a.m., and between 3:30 p.m. to 7:00 p.m., on Monday through Friday excluding holidays as defined in Section 11.04.040 of this Code.

(Ord. 26048.)

No construction activity that results in a lane closure shall be conducted on any arterial during peak commute hours, except as permitted under this chapter.

(Ord. 26048.)

The limitations on hours of construction activity that results in a lane closure shall not apply when there is an emergency as defined in this chapter.

(Ord. 26048.)

A.

Any person conducting operations under the emergency exception in Section 11.14.070 must file an emergency exception report with the director of public works within forty-eight hours of the time

construction begins in violation of the limitation provided for in this chapter.

B.

The report shall contain the following information:

The location of the lane closure,

The nature of the emergency,

The cause of the emergency,

The work that was performed, and

The days and amount of time that the lane was closed during peak commute hours.

(Ord. 26048.)

The limitations on hours of construction activity shall not apply when the construction activity is performed under a valid city permit issued by the director of public works, the director of streets and traffic, or the director of environmental services which expressly grants an exception to the prohibition provided for in this chapter.

(Ord. 26048.)

The city manager is authorized to delegate enforcement to any and all department heads at the discretion of the city manager.

(Ord. 26048.)