ORDINANCE NO. 26048
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING TITLE 11 OF THE SAN JOSE MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.14 TO LIMIT THE HOURS OF CONSTRUCTION IN CITY STREETS
WHEREAS, construction activity that results in lane closures is disruptive to traffic flow and often results in delays; and
WHEREAS, construction activity that results in lane closures during peak commuting hours is especially disruptive; and
WHEREAS, the City of San Jose desires to minimize the disruption that occurs to commuters by limiting the hours of construction which result in lane closures;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSÉ:
SECTION 1. Title 11 of the San Jose Municipal Code is hereby amended by adding a new Chapter to be numbered, entitled and to read as follows:
CHAPTER 11.14
LIMITATION ON HOURS OF CONSTRUCTION IN CITY STREETS
11.14.010 Definitions
The definitions set forth in this Chapter shall govern the application and interpretation of this Chapter.
11.14.020 Arterial
"Arterial" is defined as such by the Land Use / Transportation Diagram of the General Plan for the City of San Jose as it now exists or may hereafter be amended or constituted.
11.14.030 Construction Activity
"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.
11.14.040 Emergency
"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.
11.14.050 Peak Commute Hours
"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.
11.14.060 Limitation on Hours of Construction in City Streets
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.
11.14.070 Emergency Exception
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.
11.14.080 Emergency Exception Report
-
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 (48) hours of the time construction begins in violation of the limitation provided for in this Chapter.
-
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.
11.14.090 City Permit Exception
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.
11.14.100 Authority to Enforce
The City Manager is authorized to delegate enforcement to any and all department heads at the discretion of the City Manager.
SECTION 2. This Ordinance does not apply to construction contracts entered into prior to the effective date of this Ordinance.
SECTION 3. This Ordinance shall be effective on May 15, 2000.
PASSED FOR PUBLICATION OF TITLE this 15th day of February, 2000, by the following vote:
AYES: CHAVEZ, DANDO, DIAZ, DIQUISTO, FISCALINI, LeZOTTE,
MATTHEWS, POWERS, SHIRAKAWA, WOODY; GONZALES
NOES: NONE
ABSENT: NONE
Original signed by RON GONZALES, Mayor of San Jose
PATRICIA L. O' HEARN, City Clerk
|
