HomeMy WebLinkAboutOrdinances_0909_CCv0001.pdf ORDINANCE NO. 909
STREET SAFE'1Y ORDINANCE
Ordinance No. 639
An ordinance of the City of Redlands, to be known as the Street Safety Ordinance, pre-
scribing conditions and regulations under which:
(1) An excavation, tunnel, or bore may be made in, or under the surface of any street;
(2)> Any facility or equipment may be constructed, erected, placed or repaired in, upon,
along, across, under or over any street, or removed from any street;
(3) A street betterment may be repaired, constructed, reconstructed, erected, or made,
in, upon, along, across, under or over any street; or a street betterment in, upon, along,
across, under, or over any street may be removed by or at the instance and request of the
owner of the real property abutting said street where such street betterment is to be repair-
ed constructed, reconstructed, erected, made or removed;
(4) A street improvement in, upon, along, across, under or over any street may be
destroyed or removed;
(5) An obstruction may be constr=ted, left, placed, or maintained in, upon, along,
across, under or over any street;
(6) A vehicle may be driven or operated over any curb or sidewalk located upon any
street at a point other than where a driveway has been legally constructed;
Making the violation of any of the said conditions and regulations a misdemeanor;
And repealing, at the moment, this ordinance takes affect, the followirg portions of
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�rdinance numbe-r 788, City of Redlands, State of California; Chapter III, Sections, 7, 8, 9,
10, 11, Ila, 13, 14, 15, 16, 17, 18, 19 and Section 24; subdivisions 1 , 2, 3, 4, 5, 6, 7, 8,
10, 11, 12, 13, 14, '15 and 16.
Reinstituting, revising and recodifying street safety ordinances; adding certain
ordinances or changes made necessary by new conditions .
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS
SECTION 1. It is prohibited and therefore unlawful to:
(Obstructing Streets and Sidewalks)
(1) Obstruct the free passage or use of any portion of any roadway of any street or of
any sidewalk, without first obtaining a permit to do so from the Street Superintendent; pro-
vided that nothing herein contained shall be deemed to prevent the obstruction Of one-half
(1,4) the width of any sidewalk, not exceeding two (2) hours in any one day for the receipt of
or delivery of merchandise, nor to prevent any railroad engine, or train car (s) from stopping
or remaining upon any street for a period not exceeding three (3) consecutive minutes pro-
v1ded that any emergency vehicle shall have right of free passage, unobstructed right of way,
at any time upon sounding of siren or warning device, red light flashed toward the operator
of said obstructing vehicle, or by any means utilized to signify that an emergency does
exist.
(Obstructions Across Ditches and Gutters)
(2) Construct or maintain any dam or obstruction in or across any public waste water
or storm water ditch, channel, or gutter, in said city; or to construct or maintain over or
across any such ditch, channel, or gutter any bridge, crossing or covering without permission
being first obtained from the, City Ranager.
(Irrigation and Storm Water to Be Controlled)
(3) Allow or permit any irrigation water (Except from Lawns), itorm water drained from
ouildings or water drained from swimming pools to run upon, or over the surface of any side-
walk in said city or upon or into the roadway of ary street therein, except in the gutters
thereof or properly controlled channels way be approved at the discretion of the City Manager.
(Oil on Streets)
(4) a. Place, cause or permit to be placed or diocharged, any oil, petroleum, naphtha,
liquid asphaltum, gasoline, kerosene, or any kindred substances, or water mixed with any such
substances into any sewer, public or otherwise, or in or upon any street or sidewalk in said
city, or upon any private property so that the samewill or may t-in, into or upon any such
street or sidewalk, or to drive, or permit or allow to be< driven, run; or propelled any
vehicle or machine carrying, in bulk or otherwise, any such substances, upon the streets of
said city, unless the same shall be contained within such vehicle in such a manner that said
substances cannot be spilled, dropped, leak or drip from said container, or from drip pant
attached to said vehicle or container.
1). All vehicles traversing city streets carrying more than the normal amount of
vehicular fuel for the normal operation of said vehicle and all commereial vehicles carrying
explosives, explosive liquids or gases shall, at all times, carry fire extinguishers appro-
priate to the material carried, as approved by the Fire Chief or State Fire Marshall .
(Moving of Buildings)
(5) Move any building or structure upon any street without a permit first obtained from
he City M.-aager, and others, only in accordance- with the, terms and conditions stipulated by
Aid permit, under Ordinance No. 872.
(Signs)
6. Erect or maintain any sign or sign device over or upon any street or sidewalk, or to
paint, paste, or in any way affix any sign or poster or notice or advertiseme�nt upon any
street, sidewalk, or private property, without the consent of the owner, in the ease of
public property. without the consent of the city council, provided that said sign or signs
may be erected or maintained in accordance with applicable portions of Ordinance No. 887.
(Awning)
7. Erect or maintain over any sidewalk any awning, arty part of whith "'I's less than seven
(7) feet above the sidewalk. Awnings will be constr'utted in &,�tcordante: with the provisions
of the Uniform Building Code, -adopted by said City of Redlands .
(Barbed Wire Fences) ,
(8) Construct or maintain any barbed wire fen or thorn bearing hedge along the line
of' any street in said City.
(Trimming of Trees)
(9) Permit the branches or foliage of any tree, plant, hedge or bush growing on private
-roperty to obstruct the free passage of vehicles in the roadufay of any street or of pedes-
,ians upon the sidewalk portion thereof, or to hang over such portion of sidewalk within
seven feet of the surface thereof .
(Cutting Trees)
(10) Cut or permit the cutting of any tree or the roots or branches thereof, being or
growing upon any street in said city, or to in any manner injure or impair the growth of
ife thereof, without first obtaining a permit to do so from the City Manager; as provided
under Ordinances No. 874 and 891.
(Excessive Noise)
(11) Make or cause to be made any excessive or loud noise of any source or music upon
any street within the city limits of this City, except as may be otherwise permitted by law,
or by permit from the police chief .
(14--rchandise on Sidewalks)
(12) Block or obstruct or make unsafe for travel on the sidewalk or streets of said
city with merchandise for sale, storage, display or advertiserftent� or refuse and debrAft, or
containers therefor, or to install or retain any appurtenances to buildings extending over
public property unless specifically permitted herein.
SECTION 2. Following acts are prohibited without permit:
a. No person shall do or perform, or cause the doing or performing of any, of any
number of, or all of the following, until and unless he has filed with the Engineer a written
application, and secured from the Engineer a permit therei:or, and until and unless he shall
have complied with all of the conditions and regulations of this ordinance applicable there-
to, except as hereinafter provided in subdivision (b.) of this section.
(1) Make any excavation, tunnel or bore in or under the surface of any street.
C2) Construct, erect, place, or repair any facility or equipment in, upon, along,
across, under or over any street, or remove any facility or attached equipment from any
street.
(3) Repair, construct, reconstruct, erect or make any street betterment in, upon,
along, across, under or over any street or remove any street betterment from any street
when such work ,is done or performed by or at the instance and request of the owner of the
real property abutting said street where such street betterment is to be repaired, construc-
ted, reconstructed, erected or made, or removed.
(4) Destroy or remove any street improvement in, upon, along, across, under or over
any street.
(5) Construct, leave, place or maintain arty -obstruction in, upon, along, across, or
over any street.
(6) Drive or operate a vehicle over any curb or sidewalk located upon any street at a
point other than where a driveway has been constructed or otherwise provided.
b. (1) Subdivision (a.) of this section shall not apply in case of emergency when it
is ndeessary for the preservation of life or property to do work immediately in, upon, along,
across, under 'or over any street in the City, provided that the person doing such work shall
file a statement of the necessity therefor, a drawing or plat as required by said subdivi-
sion (a.) and make- a deposit as required by Section 7 here-of with the Engineer within eight
118) hours after heginning said work, or within four (4) hours after the office.of the
ngineer is f irst open subsequent to beginning said work.
(2) A department of the City shall not be required to make, application for. or secure
A permit from the Engineer to construct, erect, place, or repair a pole, pole, line, tower,
crossarm or bracket, transformer, conduit junction box, wire, meter, meter box, valve, valve
box, in, upon, along, across, under or over a street of the City or remove the same from a
street of the City when such work does not interfere with, disturb, destroy or remove any
street improvement.
SECTION 3. Form of application for permit.-
Such written application, the form of which must have been approved by the City Manager,
shall, be on a form furnished by, the Engineer or City Street Superintendent.
SECTION 4. Requirement, for filing drawings, profiles and specifications:
a. If an applicant applies for a permit to do any work mentioned in paragraphs
numbered (1), (2) or (3) of subdivision (a.) of Section 2 hereof, at the time of filing such
application, the applicant also shall file with the Engineer a drawing or plat showing the
proposed location, size and depth of an excavation, tunnel or bore to be made, the proposed
location and elevation above or below the established grade of the center line of the street,
and if below the street, the. proposed elevation below the actual surface, of the roadway, the
character of the street improvement or street bettermento facility or equipment or work to
be done as the case may be; provided, however, that the filing of such drawing or plat shall
not be required when an application is filed requesting a permit to excawate in a street for
the purpose of making a service connection when extending a lateral to a property live from
a in duct line, or for the location of trouble in conduit or pipes, or making repairs
thereto, or for any minor work of repair, reconstruction or excavation when, the. description
of the work to be done in the application gives all the data required by this subdivision
to be shown on a drawing or plat.
b. Additional maps or drawings will be submitted and approved as in paragraph (a.)
of this section.
c. At the time any person applies for a permit for making a tunnel or bore in any
street, he shall submit to the. Engineer for approval, specifications getting forth. the
method proposed to be used in backfilling said tunnel or bore.
d. Any work done pursuant to paragraphs numbered (1), (2) or t3); of subdivision (a.)
of Section 2 hereof shall be dons and performed in accordance with the drawings, plans,
profiles or specifications designated in the permit issued therefor.
SECTION 5. When permit may be issued.-
It the proposed location of any street betterment, or facility or equipment to be
constructed, rec ons true ted., erected, installed, maintained, operated or repaired, in, upon,
along, across, under or over any street or remo�,ed from any street, and if-the proposed
location of any obstruction or temporary driveway to be tonstrueted, left, placed or main-
tained in, upon, along, across or over any street by the applicant does not interfere (1)
unreasonably with the use of the street for the purpose of travel, (2) with any proposed or
contemplated use of the street by the City of Redlands or any of its departments, either
above or below the surface of the street, for which plans have been prepared, or for, which
plans are in the course of preparation, which said plans have been authorized by the City
Manager or the legislative body of the City, (3) with personal property lawfully in, upon,
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along, across, under or over streets, and otherwise complies with the applicableprvi ions
of this ordinance or any other ordinance of the City germane thereto, in force and effect
at the time such application is made, the Engineer shall approve such application and issue
a permit or permits therefor; provided, however, that the Engineer shall not issue any
nermit when the proposed manner of doing the work would be detrimental to the public welfare.
SECTION 6. Limitatio4 '.a:nd reservation on rights granted by any permit.
a. Nothing in this ordinance contained, and no fact, circumstanne or inferenne arising
therefrom shall be deemed or considered to grant any franchise, right or privilege in, over
or under any street of the City.
b. Nothing in this ordinance contained shall be construed or Wan to exempt, or as a
jontract right exempting a permittee from complying with any ordinances nor ur in force, or
which may hereafter be adopted.
c. Every permit for work in, upon, along, across, under or over a street shall be
granted subject to the right of the City, or any other person entitled thereto, to use that
part of such street for any purpose for which said street mAy lawfully be used.
SECTION 7. Permit fee and deposit required.
Before the Engineer shall issue any permit to any person other than any department of
the City, he shall collect from the applicant therefor the following:
a. A permit fee per job Of: 6A'ZV0<W'&ce
(1) One Dollar Q-00) where all of the work to be done and performed by ,the permittee
thereunder will be completed in seven (7) calendar days from date of issuance of the permit
therefor.
(2) Two dollars ($2.00) where all of the work to be done and performed by the permittee
thereunder will be completed in not less than eight (8) calendar days, but not exceeding
thirty (30) calendar days, from date of issuance of the permit therefor.
(3) Three dollars ($3.00) where all of the work to be done and performed by the
permittee thereunder will be completed in not less than thirty-one (31) calendar days, from
Rate: of issuance of the permit therefor.
(4) Charges will be made for:
a. Making any excavation, tunnel or bore, an amount of money estimated by the Engineer
to be equal to the cost and expense of:
(1) Inspection and supervision of said work by the Engineer.
(2) Refilling such excavation, tunnel or bore as herein provided.
(3) Restoring the street surface excavated to as usable, safe, durable and good con-
dition as existed prior to the making of such excavation, Wnel or bore.
(4) Any other act or work of the Engineer indidental thereto.
b. For destroying or removing any street improvement or for repairing, constructing,
reconstructirng, erecting or making or for removing any street betterment or for constructing,
erecting, placing or .repairing any facility or equipment an amount of money estimated by the
Engineer to be equal to the cost and expense of:
(1) Inspection and supervision of said work by the Engineer.
(2) Any other act or work of the Engineer InaidWal thereto.
(3) Restoring the street surface I ikely to be injured or damaged thereby to as useful,
ife, durable and good vondition as existed prior to the construction, leaving, placing or
waintaining of such obstruttion or making sup h Umporary driveway.
c. For constructing, leAving, placing or maintaining any obstruction or making any
temporary driveway, an amount of money estimated by the Engineer to be equal to the cost and
expense of:
(1) Inspection and supervision of said work by the Engineer.,
(2) Re-moving said obstruction or temporary driveway.
(3) Restoring the street surface likely to be injured or damaged thereby to as useful,
safe, durable and good condition as existed prior to the construction, leaving, placing or
maintaining of such obstruction or making such temporary driveway.
(4) Any other act or work of the Engineer incidental thereto.
Inspection and supervision of the Engineer shall be charged for at the rate of $1.50
per hour or fraction thereof of time necessarily consumed in such inspection or supervision.
d. A charge of five dollars ($5.00) for connecting a house sewer to a public sewer >at
a point where no special 'Irl, 'IT" or, spur branch has bs-en previously installed, in addition
to other costs.
e. No charge shall be made for any private property which has been specially assessed
to pay the costs and expenses of the construction of such improvement.
SBCTION S. Fee increased if work done before securing permit.
In the event a person does or performs or causes the doing or performing of any of the
acts mentioned in paragraphs number-ed I to 6 inclusive of subdivision (a.) of Section 2 of
this ordinance without securing a permit therefor, except in case of emergency as hprein
provided, the amount of the fee herein provided for such work shall be increased an addi-
ional five dollars ($5.00) and the payment of such additional amount of fee- shall not
excuse or in any way interfere with the enforcement of any of the provisions hereof.
SECTION 9. City departments shall be liable for expenses of Engineer.
a. When the Engineer issues a permit to any' department of the City, said department
shall be liable for and shall pay the Engineer his expenses in connection with any work he
may do as the result of the issuance of said permit, in the same amount as any person is
required to pay pursuant to the provisions hereof, except that each department shall not be
required to pay any permit fee, or make a special or general deposit.
b. Monthly the City Manager shall send a bill to any or all of the, departments of the .
City securing permits from the Engineer purst-T!ant to the pr*vision herein during the preced-
ing calendar month for all work dohs;, materials furnish-ed, reason abl.e rental value of equip-
ment used, and incidental expenses, of the City in connettion with said permits.
c. After any stch bill has teen approved. audited and allowed, the general fund of the
City shall be credited with the amount thereof.
SECTION 10. General deposit way be made of bond filed.
Any person intending to do any work in, on, over or under any street, may make and
maintain with the Engineer a general, deposit which shall be used for the, same purpose or
purposes as the charges required in Section 7 of this ordioanee. A general deposit may be
made on the following basis:
(1) $30.00 for 20 square, feet: or more of street surface affected by the doing or per-
forming of work in any calendar month.
(2) $40.00 for 31 square feet and not more than 40 square feet of street surface
affected by the doing or performing of work in any calendar month.
(3) $1000.00 for 41 square feet or more of street surface affected by the doing or
..erforming of work in any calendar month.
In lieu of making said general deposit such person may file with the Engineer a bond
payable to the City of Redlands, executed by such person and by a surety company, condi-
tioned that if such person fails to pay the bill for the reasonable cost and expense of the
work done and performed by the Engineer pursuant to the provisions of this ordinance, then '
the surety will pay the same to the amount of such bond. Such bond and the surety thereon
must receive the approval of the City Manager or City Attorney of the City of Redlands
before the same shall be accepted by the Engineer, The amount of said bond shall be deter-
mined on the basis used for determining the amount of a general deposit. Immediately upon
the reduction of the obligation of such surety by payments made thereon, such bond shall
be renewed and at all times maintained in the full &=uat herein required.
SECTION 11. Action to' be taken by Engineer when deposit or bond insufficient.
In the event that the estimated amount of any charges, special or general deposit
shall prove to be insufficient, the Engineer must cause the work done pursuant to the
provisions of said permit to be stopped until such additional sum is deposited as will
equal the estimated cost and expense.
SECTION 12. Must show authority to use and occupy street.
The applicant of any permit authorized to be issued pursuant to the provisions of this
ordinance shall show to the satisfaction of the Engineer a lawful right to use and o0oupy
the streets of the City for the purpose and at the location mentioned in the application.
SECTION 13. Engineer may make changes in application for permit.
The Engineer may make such changes in said application an to the location, size and
depth of any excavation, tunnel or bore as be may deem necessary for the protection of the
streets wherein such excavation, tunnel or bore is to be mada, or as inhisjudgmont are
necessary for the proposed purposes thereof, and may make such changes as to location, size
or character of an obstructtion, street betterment or t6mporary driveway constr,utted,
erected, made, left* placed or maintainedo ire, upon, Along or across, under or over any
streets as in his Judgment are netossAry to comply with good engineering and workmanship, to
prevent undue interference with travel upon the streetaf or danger to the safety of persons
using the same, and may ma);e such changes as to location,, or elevation above or below the
surface of the street of any facility or equipment to be constructedg erected or placed as
in his judgment are necessary to prevent undue interference with travel on'the streets or
danger to the safety of persons using the same. '
SECTION 14. Lines and grades to be secured from Engineer.
Any parmLttea, before doing any work in the streets of the City pursuant to any pc it-
icaued in accordance with the provisions hereof, if required, by said permit, shall fie0mro
from the Engineer tha lines and grades approved by him for doing said work, and shall
conform thereto in doing and performing oAid work.
SECTION 15, Permit to be kept on job while work in progress.
The permittee shall koop the permit at the site of the uzrk at All times while any
,ork is in progress, by retaining the came on his person or Bali Bring it to the forerimn or
person in charge of the actual doing or performing of the work authorized by said permit.
I
SECTION 16. Work shall be diligently carried on.
After any work in connection with any excavation, obstruction, facility or equipment,
or street betterment is commenced, by the holder of any permit as herein provided, the
4ork of accomplishing the purpose thereof shall be diligently carried on and completed by
him in a manner that shall not obstruct the street or any travel thereon more than is ab-
solutely necessary.
SECTION 17. Inspection and supervision by Engineer.
a. All work done in the streets shall be done under the direction and to the reason-
able satisfaction of the Engineer. From time to time, or at such time as he deems necessary,
as the work progresses, he shall inspect all work done or performed pursuant to any permit
issued by him.
b. Any permittee of any permit issued hereunder, excepting any department of the City
of Redlands, shall notify the Engineer 24 hours in advance of starting or commencing any
work to be done or performed thereunder, and before refilling any excavation, tunnel or
bore, in order that the Engineer may procure and assign an inspector to inspect the same, or
in order that he may lay out any portion of said work. No work shall be done or any exca-
vation, tunnel or bore refilled. until such notice shall be given and authority is given
therefor by the Engineer.
SECTION 18. Requirements for making temporary driveway.
a. Before any Vehicle shall be driven or operated over any sidewalk or curb at any
point other than where a driveway has been constructed, such sidewalk and curb at the point
where said vehicle is to be driven or operated over same, shall be adequately protected by
wood planking in such a way as to fully protect said sidswalk or curb from danger or injury
!."he outside ends of all planks so used shall be evenly adjusted and beveled in such manner
as to render passage thereover as easy and safe as possible. All portions of the street and
sidewalk so protected at all times shall be kept open and clean and passable for pedestrians.
b. Such planks shall be maintained only during the life of the. permit issued therefor.
The maintenance of said planks over said curb and sidewalk after the expiration of said
permit shall be unlawful, and is hereby declared to be a public nuisance and may be abated
by the City at.any time thereafter by removing the same without notice to the permittea,
and the cost and expense of removing said planks shall be collected from the permittee in
any manner authorized by law.
SECTION 19. Warning lights or torches and signs required.
a. Every person making an excavation in any street or causing the same to be made, or
constructing, leaving, placing or maintaining an obstruction in any street, or causing the
same to be constructed, left, placed or maintained shall place and maintain torches or red
Lights from sunset of each day to sunrise of the next day, until such excavation is entirely
refilled or such obstruction is removed, or as long as poor visibility renders it dangerous
to remove or extinguish said warning devices.
(1) Along the side of such excavation or obstruction at an angle to the street line,
at distances not more than three (3) feet apart, but there shall be placed and maintained
not less than three (3) such torches or red lights on such side, and
(2) Where such excavation is within a street intersection torches or red lights shall
e placed and maintained on each side thereof at distances not more than three (3) feet
part, but there shall be placed and maintained not less than three (3) such torches or red
lights on each aide, and
(3) Along the side of such excavation of obstruction parallel, to the street line, at
distances of not more than twenty-five (25) feet apart .
(4) Where red lanterns are used as ,a warning, they shall be maintained in such ,condi-
on so as to be visible from a distance of three hundred (300) feet.-,
b. Every said person shall place and maintain barriers at each side of such excavation
or obstruction at an angle to the street line and at such other places as directed by the
Engineer at all times until such excavation is entirely refilled or such obstruction is
removed. Such barriers shall be not less than two and one-half (21g) feet high and shall
display on the front thereof in letters not less than four (4) inches high the word or words:
"Excavation," or "Obstruction," or "Danger," or "Street Closed," or "Detour," or "Dangerous - '
but Passable," or any other word or words appropriate to the particular purpose for which the
barrier, a plan of which has been approved by the Engineer, may be used. Provided, further,
that every such person shall use the type of barrier as may be specified by the Engineer.
SECTI10N 20. Regulation for use of street.
a. No person shall make any excavation in any street without maintaining safe cross-
ings for vehicular traffic at all street intersections and safe crossings for pedestrians
at intervals of not more than 200 feet.
b. If any excavation is made across any street, at least one safe crossing shall be
maintained at all times for vehicles and pedestrians.
c. Free access must be provided to all Eire hydrants and water gates.
d. All materials excavated shall be laid compactly along the side of the trench and
kept trimmed up so as to cause as little inconvenience as possible to travel. If the street
not wide snoulgh, to hold the excavated material using par 4- of
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ilk, the person by whom the excavation is made shall erect a tight board fence upon and
along such sidewalk and keep a passage-way at least five (5) feet in width open and along such
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side-walk.
e. All gutters shall be maintained free and unobstructed for the full length of the
adjacent curb, and for at least one (1) foot in length from, the face of such curb at the
gutter line. Whenever a gutter crosses a street intersection an adequate water way shall be
provided, and at all times maintained, provided when good cause is shown therefor, the
-Engineer may permit any permittee to place in the gutter next to the curb metal pipe of such
inside diameter as will permit the free passage of all storm water in lieu of maintaining
the gutter free and unobstructed as herein provided.
SECTION 21. Depth of facility or equipment in the street.
a. It shall bt
unlawful for any person to construct, erect, 'install or lay or cause
e
or permit to be constructed, erected, installed or laid any facility or equipment below
the surface of the roadway, or to dig or make any tunnel or bore or other structure except
manholes, vaults, valve boxes, culverts and catch basins, in any roadway a distance of less
than thirty (30) inches below the actual surface of the roadway measured from said surface
to. the nearest point to such property, tunnel or bore, as the case may be.
b. Where, however, such depths are impracticable due to extraordinary circumstances,
the applicant of any permit shall secure the approval of the Engineer in person as to the
suitable depth or location of said property, tunnel or bare, and the same shall be placed
4n conformity with such approved location or depth, and in a manner satisfactory to the 0
giver. ,
SECTION 22. Regulations as to certain structures in the street,
a.' All manholes, vaults, traps, catch basins or other structures, shall be so capped
and covered as to be flush with the surface of the street, and shall not interfere in
any way with the use of the streets for the purpose of travel.
b. The permittee shall not lay, construct, erect or install in the streets of the City
any vent pipe from any vault, manhole or other structure of the permittee except in the
manner and at the location or locations prescribed or approved by the Engineer.
c. A person shall not install or connect a pipe connection known as a "Y" branch in
the top of any main line sewer of the City without first securing the written approval of
the Engineer.
d. Structures constructed below the surface of the street, such as gasoline or oil
storage tanks, or basement walls, shall not be placed or constructed under any portion of
any sidewalk or street parking lying between the outer curb line and any point in succi :
sidewalk or street parking four (4) feet distant from such outer curb line, or under any
alley within five (5) feet of the center line thereof, provided, however, that the City
Council of the said City may issue a special permit to construct such sub-structures under
sidewalks and street parkings contrary to the provisions of this section when unnecessary
hardship or unreasonable property loss otherwise would result.
,SECTION 23. Requirements for refilling excavation.
a. On completion of the work provided for in said permit, the permittee shall cause
to be refilled in a workmanlike manner any ex'cavation and or cause to be removed any
obstruction in said street, and it shall be unlawful for any person to fail, refuse or
neglect to comply with this requirement.
b. The refilling of all excavations shall be made in the following manner, to-wit:
The dirt or earth removed shall be replaced and carefully tamped in layers not exceeding
four (4) inches in thickness and each layer shall be well flooded with water and allowed to
stand until the water has seeped away before the next layer is put on, and the top layer
shall he flooded with water and tamped, although the same may be, less than four inches in
thickness. The top of the dirt or earth placed in said excavation shall not exceed two
inches above the surrounding surface of the street.
c. The top surface of the dirt or earth refilled in any excavation shall conform
sufficiently to the level of the adjoining street surface and shall be compacted so that it
is hard and smooth enough to be safe for traffic to pass over at the legal rate of speed.
If the top surface of said dirt or earth cannot be maintained in such condition., the
permittee shall maintain barriers and torches or red lights around it as herein provided
until the surface of the street has been restored to such condition as would permit the
safe passage of travel thereon and the use thereof.
d. The permittee may use either a hand or mechanical tamper weighing not less than
one pound per square inch of face, and satisfactory to the Engineer. If, after any exca-
vation has been refilled as herein provided, and the dirt or earth placed in the excavation
settles so as to bring the surface of said refilled material below the surrounding surface
of the highway, the permittee shall refill the excavation with dirt or earth and keep the
same so refilled until the surface of said street has been restored by the City.
e. If , in the opinion of the Engineer, soil, climatic or other conditions are' such
that a more compact refilling of excavations may be secured by employing W.ethods other than
specified in this section, the Engineer shall so advise such permittee, and in such instance
he -permittee shall use the method of refilling excavations prescribed by the Engineer.
SEGTION 24. (Engineer will refill excavation and remove obstruction on failure of
holder of permit to do so.)
If any person making any excavation in or constructing, leaving, placing or maintaining
any obstruction on any street shall fail to refill such >excavation or remove such obstruction
or temporary driveway, in the manner and' within a period of time satisfactory to the Engineer
the Engineer may do or complete said work of refilling or removal, and the permittee for
harm said excavation was made or obstruction was placed, shall be liable to the City of
Redlands for the doing of the work so done by the Engineer, and the Engineer shall charge
the cost of such work done by him to the person obtaining the permit, or for whom the work
was done.
SECTION 25. (Hours per day work shall be prosecuted in a certain district when found
by Engineer to unreasonably interfere with travel.)
When the doing or performing of any of the things mentioned in paragraphs numbered I to
6 of subdivision (a.) of Section 2 hereof, in any of the streets of the City shall unreason-
ably interfere with travel thereon and the Engineer so finds, he shall notify the permittee
to that effect, and thereafter such work shall be prosecuted diligently for a total period
of not less than fifteen (15) hours each calendar day from midnight to midnighto except
holidays and Sunday.
SECTION 26. (City shall restore improved surface of street except a street betterment.)
a. By and through the Engineer only, the City shall restore the improved surface of
any street except a street betterment in which any excavation has been made or which has
been injured or damaged in any way by the doing or performance of work under any permit
issued hereunder to as useful, safe, durable and good condition as existed prior to the
making of such excavation or the doing of such work.
b. Such work shall be done with City labor, materials and equipment. The Engineer
shall cause such work of restoration of the improved surface of the street to be commenced
-s soon as practicable after the work of the permittee has been completed, and shall there-
After diligently carry on said work until completed.
SECTION 27. (Records to be kept by City Accountant.)
Upon information furnished by the Engineer, the City Accoun. Cant shall keep an accurate
record of the amount expended by the City for labor, materials, the reasonable rental value
of the equipment used by the City in doing or performing said work, and all incidental
expenses in connection therewith. The record or records so kept shall be in the form and
of the form and of the character designated and determined by the City Accountant and City
Manager, subject to the other provisions of this ordinance.
SECTION 28. (Bill for reasonable costs and expenses of work done and performed to be
submitted by the City Accountant.)
a. Prior to work done or performed, or to be done or performed by the permittee
pursuant to any permit issued hereunder the City Accountant shall prepare and deliver a
bill for the reasonable cost and expense of the work to be done and performed by the Engineer,
to the permittee there for as per charges herein before listed.
b. If the permittee made a special deposit at the time of the issuance of said permit,
within ten (10) days after the delivery of said bill, the City Accountant shall prepare a
demand on the City for any difference between the amount of such special deposit and said
bill, it the said bill is less than the special deposit. Said demand shall be presented to
the proper officers of the City for approval, auditing and allowance as in the case of other
demands against the City.
c. The decision of the Engineer as to the. quantity, amount or cost of any work done by
him or under his direction and supervision shall be final and conclusive on the permittee.
SECTION 29. (Street betterment removed or destroyed must be replaced.)
it shall be unlawful for any person destroying or removing, or causing to be destroyed
�r removed, any street betterment, or any portion thereof, to fail, refuse or neglect for a
period of twenty (20) days after written notice from the Engineer to construct or cause to
be constructed erected or made in place thereof such street betterment of the same quality
and appearance as the one removed or destroyed, and the same shall conform as nearly as
practicable to the specifications therefor when constructed.
SECTION 30. (When permit shall terminate.)
a. Every permit for making a house connection to a sewer, or for making repairs to
the same, shall terminate within fifteen (15) days after the date of issuance, provided
that any excavation made for the purpose of making a house connection to a sewer shall be
refilled in the manner required by this ordinance within three (3) days after the date of
commencing such work, and within one (1) day after final inspection of the pipe, if any, by
the Engineer, and nothing in this ordinance contained shall be construed to allow a longer
period of time therefor.
b. If any person shall fail, refuse or neglect to complete the making of any house
connection to a sewer, or to refill any excavation therefor within the time required by
this section, the Engineer shall complete the refilling of such excavation in the manner
required by this ordinance, and the Engineer shall charge and retain the cost of such
refilling from the deposit made at the time of securing the permit therefor.
a. If the work provided for in any permit is not completed within the time prescribed
herein, such permit shall be cancelled and the City shall retain the permit fee therefor.
SECTION 31. (Revocation of permit)
r
a. Any permit issued under the provisions of this ordinance may be revoked by the
Engineer on approval of the City Manager:
(1) At any time it may become necessary for the City to construct any sewer, water
main, pipe line or conduit, or other public work of any kind along, in, or through the,
excavation constructed or maintained under authority of such permit, and the City shall
have the right- to use any portion of any such excavation for the construction and mainte-
nance of any such sewer, water main, pipe line, conduit or other public work or improvement.
(2) _If the permittee shall fail, neglect or refuse to comply with any of the condi-
tions of the permit issued to him, or of any of the terms or conditions of any ordinance
now in force or hereafter adopted by the City in the exercise of its police power during the
term hereof, and if such failure, neglect or refusal shall continue for more than three
(3) days after demand by the Engineer, for compliance therewith, then, and in that event,
the Engineer, in addition to all rights and remedies allowed by law to the City, thereupon
way revoke said permit.
b. In the event that it becomes necessary for the Engineer, with the approval of the
City Manager, to revoke a permit in accordance with the provisions of this section, the
City, its officers and employees, shall not be held liable for any damage that may accrue
therefrom, and the permittee, by the acceptance of said permit, expressly release$ the City,
its officers and employees as in this section provided.
SECTION 32. Refunding of permit fee or special or general deposit or release of
surety on bond.
a. Where any permit fee or special deposit has been (1) paid more than once, or (2)
illegally, erroneously or wrongfully paid or collect d, ninety per cent (90%) of such
permit fee and one hundred per cent (100%) of such special deposit may be refunded by the
City where a claim therefor, made on a form furnished by the City Accountant, duly verified
by the person paying such fee or special deposit, his attorney, duly authorized agent or
guardian, or his executor or administrator, shall have been filed with the City Accountant
vithin thirty (30) days after the expiration of said permit setting forth the name and
Adress of the claimant, the amount and date of the, payment sought to be refunded, and
the. reason or ground upon which the claim for refund is based, and said claim has been
approved by the Engineer.
b. Where any permit fee or special deposit has been paid and no work has been done
under the permit issued therefor, n*o refund shall be made of such permit fee, but one
hundred per cent (100%) of such special deposit may be refunded by the said City in the
manner put forth in subsection (a.) hereof.
- c. A general deposit, or the balance of a general deposit, may be refunded to the
person making such deposit, his attorney, duly authorized agent or guardian, or his executor
or administrator, at any time after fifteen (15) days after all sums due and owing the City
have been paid or deducted from said general deposit, and after all permits issued to the
person making such deposit have expired, and all work authorized by any permit issued to
said person has been completed and accepted by the Engineer, when a claim therefor duly
verified by the person making such general deposit, his attorney, duly authorized agent
or guardian, his executor or administrator shall have been filed with the City, setting
forth the name and. address of the claimant, the amount and date of the payment of said
genaral deposit, and when said claim has been approved by the Engineer.
'd. The surety on a bond filed in lieu of a general deposit may be released from
liability thereon at any time after fifteen (1 5) days after all sums due and owing the city
have been paid, and after all permits issued to the person filing such 'bond have expired,
and all work authorized by any permit issued to said person has been completed and accepted
by the Engineer, when an application for release from such liability, duly verified by the
,rincipal and the surety, shall have been filed with the Engineer setting forth the name
and address of the surety, and the date, number, and amount of said bond. The release of
the surety from liability shall be affected by an order signed by the Engineer and approved
by the City Attorney and the City Manager, which order shall be filed by the Engineer with
the bond thereby released.
SECTION 33. (Duties of certain officers and employees of City)
a. It shall be the duty of the officers and employees of the City to report or cause
to be reported to the Engineer any defect or defects actually known to such officers or
employees in any improvement made in the streets .
b. It shall be the duty of the officers and employees of the Park Department to report
to the Engineer any damage to any grass, plant or tree in any parking in any street of the
City known to have been caused or where reasonabld grounds exist for believing that the
same was caused as the result of work done by any person holding a permit front, the Eng,ineer
pursuant to the provisions of this ordinance.
c. The City Street Superintendent shall report immediately to the City Fire Chief and
Police Chief any streets, that he has knowledge of by reason of permits issued or otherwise,
that are blocked, obstructed or made unsafe for travel. He shall report to said officers
when he has inspected said streets> and fnds< them again open or safe for travel .
SECTION 34. (Duty of owner of real property to maintain street betterment upon street
abutting his property.)
It shall be the duty of the owner of real property abutting a portion of a street
improved by a street betterment, whether said street betterment was constructed, erected
or made at the instance or request of such owner or any predecessor in interest of such
owner, or not, to maintain said street betterment on such portion of such street abutting
such owner' s real property in such condition that the same, shall not endanger persons
or property, and to maintain the same in a condition which will not interfere with the
nublic convenience or safety in the use of such street betterment, save and except as to
;hose conditions created or maintained in, upon, along, across, under or over said street
by any person other than the owner under and by virtue of any permit issued hereunder or
any right to them granted by law or by the legislative body of the City, and such persons
shall be under a like duty in relation thereto.
SECTION 35. (Requirements when facility or equipment is abandoned.)
Upon abandonment of any facility or equipment located above or below the surface of
the street, the owner thereof shall notify the Engineer in writing of such abandonment
within not less than twenty (20) days thereafter; and if, in the opinion of the Engineer,
said facility or equipment so abandoned should be removed the owner shall commence the
removal of the same at the owner's own cost and expense within twenty (20) days after
receipt of notice to that effect from the Engineer, or if, in the opinion of the Engineer,
any work should be done in the streets for the purpose of insuring the restoration of
improved surface of said street to a useful, safe, durable or good condition as the result
of such abandonment, the City shall commence such work after twenty (2 0) days written
notice to the owner to that effect from the Engineer and when the work is completed the City
shall send a bill to the owner for the total cost and experse thereof, which shall be
collected in any manner authorized by law.
SECTION 36. (Owner of facility or equipment required to change location thereof or.
notice, from Engineer.)
a. In the event that during the period of time any facility or equipment is located
in, upon, along, across, underorover any street the City shall change the grade, width or
.ovation of any street, or improve any street in any manner, including laying of any sewer,
4toren drain, conduit, water or other pipe, or construct any pedestrian tunnel or other
improvement, and, in the opinion of the Engineer such work shall render necessary any change
in the position or location of any facility or equipment in the street including the support
thereof while such work is being done or performed, or the disconnecting or reconnecting
thereof, the owner shall begin the work of doing any and all things to effect such change
in position or 'location in conformity with such written instructions at his own cost and
expense, within twenty (2 0) days after written notice from the Engineer and request to do so.
b. The City reserves the.- right for itself to lay, construct, erect, install, use,
operate or maintain any type or description of improvements, below surface or above surface,
in, upon, along, across, under or over the streets of the City. If the necessary location
for such improvements conflicts with any facilities or equipment laid, constructed, erected,
used, installed, operated or maintained or not, the owner, at his own cost and expense,
within (20) twenty days after written notice from'the City Manager and request to do so,
shall begin the work of changing the location of all facilities of equipment so conflicting
with such improvements to a location in, upon, across, under or over the street, to be
approved by the Engineer.
c. The City Engineer may grant in writing an extension of the time specified in this
section for the commencement of work if in his opinion such extension of time is necessary.
SECTION 37. (City will do certain work if owner or permittee fails to comply with
notice)
In the event any permittee, or owner of any facility or equipment shall fail to
ommence work in compliance with the written instructions of the Engineer or City Manager,
provided for in this ordinance, within twenty (20) days after service of the same upon the
permittee or owner or his local agent or manager or within a shorter time where the same
specifically provided for in this ordinance, (unless unable to comply with such instructions
by reason of strikes, riots, acts of God or acts of public enemies) the Engineer shall cause
the work required in said notice to be done and performed. When said work is completed the
City Accountant shall send a bill for the cost and expense thereof to the permittee, owner or
As local agent or manager. The cost of doing said work shall he considered the, acttial cost
plus a reasonable charge for overhead. Said bill shall be collected in any manner authorized
by I aw.
SECTION 38. (Permittee shall indemnify city and any officer or employee thereof .)
a. The permittee of any permit issued hereunder shall indemnify, save and hold harmless,
against and from all damages, judgments, decrees, costs and expenditures which the City, or
such officer or employee, may suffer, or which may be recovered from, or obtainable against
the City, or growing out of or resulting from the exercising by the permittee of any or all
of the rights or privileges authorized by said permit, or by reason of any act or acts of
the permittee or its servants or agents, in exercising said authorization; provided, however,
that such permittee shall have the right at its option to defend any suit that may be
instituted against the City, or any officer or employee thereof, by reason of or growing
out of or resulting from the exercise by the Grantee of any or all of the rights or
privileges authorized by said permit, or by reason of any act or acts of the pernittee, or
its servants or agents, in exercising said authorization.
b. In the event the City, or any officer or employee thereof, suffers any damage,
or any person makes claims against the City, or any officer or employee thereof, by reason
of or growing out of or resulting from the exercise by thp, permittee of any or all of the
rights or privileges authorized by said permit, or by reason of any act or acts of the
Grantee or its servants or agents in exercising said authorization, the City, or such
officers or employees thereof must give written notice thereof to the permittee as soon as
practicable, but not less than five (5) days thereafter. In estimating the five (5) days
ibove< mentioned the first day shall be excluded and the last day included. Failure to give
such notice shall not affect the liability of the permittee, under subdivision (a.) of this
section.
SECTION 39. At the moment this ordinance numbc.r 909, takes affect the following
portions of Chapter 111, ordinance number 788 are hereby repealed:
Ordinance No. 788, Chapter III, Section 7, 8, 9, 10, 11, lla, 13, 14, 15, 16, 17, 18,
19 and 8ection' 24; subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9-, 10, 11, 12, 13, 14, 15 and 16,
of the City of Redlands, California
SECTION 40. (Construction of this ordinance).
a. The use of the singular number herein shall include the plural, and the use of the
plural number shall include the singular.
b. It is the intention of the City Council of this city in, adopting this ordinance to
require all departments ofthe< city using or occupying the' streets of the city to comply
with the provisions hereof except that such departments shall not pay the Engineer any
deposit before securing permit and such department shall not pay any pevait fee or any
general or special deposits as herein provided.
SECTION 41. (Delegation of authority.)
Unless especially otherwise provided, deputies or assistants may perform the duties
-tnd have the authority of specified officers.
SECTION 42. (Definitions.)
h. The word "travel" shall mean vehicular, equestrian or pedestrian travel.
The word "vehicle" shall mean a device in, upon, or by which any person or
property is or may be propelled, moved or drawn on the highway or street weighing in excess
C one hundred (100) pounds .
J. The phrase "'temporary driveway" shall mu�-t-l-LLe equipmentrequired by this ordinance
at the location upon any street designated in am, permit issued hereunder authorizing a
vehicle to be driven or operated over any sidewalk or curb at a point other than where'a:
driveway has been constructed or maintained.
k. The word "person" shall mean any individual, firm, partnership, corporation,
association, organization, business trust, and every department of the City of Redlands
and every officer or employee of any of them while working in the course of his employment.
1 . The word "engineer" shall mean the City engineer and superintendent of streets of
the City of Redlands.
m. The phrase "incidental expenses" shal'• , expenses inchdental to work
authorized by any permit issued hereunder or L-: to inspection, supervision, or
completion, thereof, including a reasonable charge for overhead.
n. The word "work" shall mean any or all of the acts mentioned in paragraphs numbered
one to six (I to 6) inclusive of subdivision (a.) of SECTION 2 hereof.
o. The phrase "city equipment" shall mean any equipment owned by, rented, operated or
controlled by the City of Redlands.
SECTION 43. (Exception to the application of this ordinance.)
a. The provisions of this ordinance shall aot apply to any work done or to be done,
in, upon, along, across, under or over any street pursuant to any street improvement law
or street safety law of the State of California, law of the United States, or ordinance of
the City of Redlands, providing for the improvement thereof or pursuant to any contract in
which the City is a party and which has been authorized by the City CDuncil of the City of
Redlands, provided that the provisions of Section 23 shall apply to all such work unless
the provisions of the specifications therefor are contrary to said Section 23.
SECTION 44. (Penalty for violation of the provisions of this Ordinance.)
a. Any person as principal, agent, officer, clerk or employee, who or which shall
violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor,
and upon conviction therefor shall be punished by a fine of not more than $500.00 or im-
prisonment in the City Jail, or the County Jail of the County of San Bernardino, for a
period of not more than thirty days or by both such fine and imprisonment.
b. Each such person shall be deemed guilty of a separate offense for every calendar
day during any portion of which any violation of any provision of this ordinance is
committed, continued, or permitted by such person, and --,hall be punished therefor as
provided by this Ordinance.
SECTION 45. (Title.)
This ordinance shall be known as the "STREET SAFETY ORDINANCE."
SECTION 46. (Constitutionality.)
If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not effect the validity
of the remaining portion of this ordinance.
SECTION 47. (Publication authorized and effective date.)
The City Clerk shall certify to the passage of this ordinance and shall cause the, same
, to be published once in the Redlands Daily Facts, and thirty days after passage it shall
take effect and be in force.
MURICE CLAPP,
Mayor of said City.
ATTEST: HARRY R. WHALEY,
City Clerk
I do hereby certify that the foregoing Ordinance was duly adopted by said City Council
at a regular meeting thereof held on the 18th day of August, 1949; by the following vote:
AYES- Councilmen Dike, Pletcher and Mayor Clapp.
NOES: None
ABSENT: Councilmen Danielson and Thoraquest.
HARRY R. WHALEY
City Clerk