Agenda packet — Mayor and City Council, September 3, 2025 (part 5 of 8)

In addition to the penalty set forth in § 10.48.100,
members of the City Police Department, or other
authorized personnel, may impound and retain
possession of any bicycle operated in violation of any
of the provisions of this chapter, and retain possession of the same until the license provided for in this
chapter is obtained by the owner of the bicycle.
(Ord. 1950, passed 7-22-1952; Ord. 3488, passed
3-19-1975)

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San Bernardino - Vehicles and Traffic52

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CHAPTER 10.52: SPEED LIMITS
Section

10.52.010 Thirty miles per hour

10.52.020 Thirty-five miles an hour

10.52.030 Forty miles per hour

10.52.040 Forty-five miles per hour

10.52.050 Fifty miles per hour

10.52.055 Fifty-five miles per hour

10.52.060 Erection of signs
§ 10.52.010 THIRTY MILES PER HOUR.

HILL DRIVE between Louise Street and E Street
(Ord. 2105, passed 4-3-1956; Ord. 3717, passed
4-19-1978; Ord. 3784, passed 11-22-1978; Ord.

MC-93, passed 9-2-1981; Ord. MC-282, passed
6-21-1983; Ord. MC-449, passed 4-17-1985; Ord.

MC-586, passed 3-26-1987; Ord. MC-842, passed
7-22-1992; Ord. MC-1421, passed 4-18-2016; Ord.

MC-1428, passed 9-6-2016)
§ 10.52.020 THIRTY-FIVE MILES AN HOUR.

In accordance with and pursuant to the authority
of the Cal. Vehicle Code, §§ 22357, 22358 and
22360, the Mayor and Common
City Council do
determine and declare upon the basis of an engineering
and traffic investigation that a prima facie speed limit of 35 mph shall be established upon the following
streets or portions thereof in the city:
2nd STREET between Mt. Vernon Avenue and Waterman
Avenue
21st STREET between Waterman Avenue and Perris Hill
Park Road
27th STREET between Mt. Vernon Avenue and “G” Street
48th STREET between Kendall Drive and Electric Avenue
ARROWHEAD AVENUE between 7th Street and Highland
Avenue
ARROWHEAD AVENUE between Highland Avenue and
Thompson Place
ATLANTIC AVENUE between Palm Avenue and Cienega
Court
“D” STREET between Highland Avenue and 28th Street
EUCALYPTUS AVENUE between Mill Street and Rialto
Avenue
“G” STREET between 6th Street and 140 feet north of 29th Street
“G” STREET between 150 feet south of 30th Street and
Marshall Boulevard
GILBERT STREET between Waterman Avenue and 207 feet
east of Cedar Avenue
“H” STREET between 6th Street and Marshall Boulevard
HILL DRIVE between Magnolia Drive and H Street
HOSPITALITY LANE between “E” Street and Waterman
Avenue
“K” STREET between Mill Street and Rialto Avenue
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San Bernardino - Vehicles and Traffic54
MARSHALL BOULEVARD between Ladera Road and
Waterman Avenue
MARSHALL BOULEVARD between Little Mountain Drive
and Ladera Road
MASSACHUSETTS AVENUE between Baseline Street and
Highland Avenue
MEDICAL CENTER DRIVE between 5th Street and
Baseline Street
MIRAMONTE AVENUE between 23rd Street and Marshall
Boulevard
MOUNTAIN AVENUE between 39th Street and 40th Street
MT. VERNON AVENUE between 7th Street and 21st Street
MT. VERNON AVENUE between 21st Street and 27th
Street
MT. VIEW AVENUE between Electric Avenue and Hill
Drive/Pinehurst Court
ORANGE STREET between Highland Avenue and Piedmont
Drive
ORANGE STREET between Pacific Street and Highland
Avenue
SIERRA WAY between 30th Street and 40th Street
(Ord. 2105, passed 4-3-1956; Ord. 3671, passed
9-2-1977; Ord. 3746, passed 8-25-1978; Ord. 3849,
passed 7-25-1979; Ord. 3854, passed 8-21-1979; Ord.
3959, passed 8-8-1980; Ord. 3966, passed 9-10-1980;
Ord. MC-81, passed 7-8-1981; Ord. MC-93, passed
9-2-1981; Ord. MC-199, passed 8-17-1982; Ord.

MC-282, passed 6-21-1983; Ord. MC-434, passed
2-5-1985; Ord. MC-500, passed 2-18-1986; Ord.

MC-512, passed 4-22-1986; Ord. MC-586, passed
3-26-1987; Ord. MC-714, passed 4-2-1990; Ord.

MC-774, passed 3-12-1991; Ord. MC-842, passed
7-22-1992; Ord. MC-848, passed 9-9-1992; Ord.

MC-872, passed 5-26-1993; Ord. MC-1025, passed
7-7-1998; Ord. MC-1042, passed 3-2-1999; Ord.

MC-1111, passed 12-4-2001; Ord. MC-1151, passed
10-8-2003; Ord. MC-1421, passed 4-18-2016; Ord.

MC-1428, passed 9-6-2016; Ord. MC-1491, passed
7-5-2018; Ord. MC-1502, passed 12-5-2018)
§ 10.52.030 FORTY MILES PER HOUR.

In accordance with and pursuant to the authority
of the Cal. Vehicle Code, §§ 22357, 22358 and
22360, the Mayor and Common
City Council do
determine and declare upon the basis of an engineering
and traffic investigation that a prima facie speed limit of 40 mph shall be established upon the following
streets or portions thereof in the city:
3rd STREET between Sierra Way and Waterman Street
4th STREET between Tia Juana Street and Mt. Vernon
Avenue
5th STREET between Sierra Way and Pedley Road
9th STREET between “H” Street and Sierra Way
9th STREET between Medical Center Drive and “H” Street
9th STREET between Sierra Way and Waterman Avenue
40th STREET between Electric Avenue and Waterman
Avenue
40th STREET between Harrison Canyon Road North and
Mountain Avenue
ARDEN AVENUE between Pacific Street and Highland
Avenue
ARROWHEAD AVENUE between Esparanza Street and
Rialto Avenue
BASELINE STREET between Medical Center Drive and
“H” Street
BASELINE STREET between Sierra Way and Del Rosa
Avenue
CALIFORNIA STREET between Baseline Street and Cajon
Boulevard
CENTRAL AVENUE between Arrowhead Avenue and 100
feet east of Valley View Avenue
DEL ROSA AVENUE between Del Rosa Drive and
Marshall Boulevard
“E” STREET between 30th Street and Kendall Drive
“E” STREET between Hunts Lane and Century Avenue

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Speed Limits 55
ELECTRIC AVENUE between 40th Street and Northpark
Boulevard
FOOTHILL DRIVE between Del Rosa Avenue and Arden
Avenue
GOLDEN AVENUE between Highland Avenue and
Lynwood Drive
HIGHLAND AVENUE between Sierra Way and Valencia
Avenue
HIGHLAND AVENUE between Valencia Avenue and
Arden Avenue
INLAND CENTER DRIVE between “E” Street and 1570
feet southwest of “I” Street
LYNWOOD DRIVE between Valencia Avenue and Del
Rosa Avenue
MACY STREET between Highland Avenue and North City
Limits
MEDICAL CENTER DRIVE between Baseline Street and
Highland Avenue
MERIDIAN AVENUE between Randall Avenue and Mill
Street
MERIDIAN AVENUE between Rialto Avenue and Foothill
Boulevard
MILL STREET between Bordwell Avenue and Waterman
Avenue
MT. VERNON AVENUE between Grant Avenue and Rialto
Avenue
MT. VIEW AVENUE between Highland Avenue and
Electric Avenue
MT. VIEW AVENUE between Victoria Street and Highland
Avenue
NORTHPARK BOULEVARD between Little Mountain
Drive and Electric Avenue
NORTHPARK BOULEVARD between University Parkway
and Little Mountain Drive
ORANGE SHOW ROAD between “E” Street and
Arrowhead Avenue
PEPPER AVENUE between Mill Street and North City
Limit
PERRIS HILL PARK ROAD between Pacific Street and 21st
Street
REDLANDS BOULEVARD between Hunts Lane and
Gardena Street
SIERRA WAY between 5th Street and 30th Street
SIERRA WAY between 40th Street and 48th Street
SIERRA WAY between Mill Street and Rialto Avenue
STERLING AVENUE between Highland Avenue and
Pumalo Street
VALENCIA AVENUE between 21st Street and 30th Street
WATERMAN AVENUE between Highland Avenue and
30th Street
WATERMAN AVENUE between Rialto Avenue and
Highland Avenue
(Ord. 2105, passed 4-3-1956; Ord. 3672, passed
9-16-1977; Ord. 3854, passed 8-21-1979; Ord. 3874,
passed 10-16-1979; Ord. 3959, passed 8-8-1980; Ord.

MC-93, passed 9-2-1981; Ord. MC-170, passed
6-8-1982; Ord. MC-438, passed 2-19-1985; Ord.

MC-449, passed 4-17-1985; Ord. MC-500, passed
2-18-1986; Ord. MC-586, passed 3-26-1987; Ord.

MC-842, passed 7-22-1992; Ord. MC-861, passed
2-16-1993; Ord. MC-907, passed 7-6-1994; Ord.
1013, passed 1-13-1998; Ord. MC-1025, passed
7-7-1998; Ord. MC-1066, passed 3-7-2000; Ord.

MC-1082, passed 9-6-2000; Ord. MC-1083, passed
9-6-2000; Ord. MC-1111, passed 12-4-2001; Ord.

MC-1123, passed 4-16-2002; Ord. MC-1164, passed
2-3-2004; Ord. MC-1382, passed 11-20-2012; Ord.

MC-1421, passed 4-18-2016; Ord. MC-1428, passed
9-6-2016)
§ 10.52.040 FORTY-FIVE MILES PER HOUR.

In accordance with and pursuant to the authority
of the Cal. Vehicle Code, §§ 22357, 22358 and

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San Bernardino - Vehicles and Traffic56
22360, the Mayor and Common City Council do
determine and declare upon the basis of an engineering
and traffic investigation that a prima facie speed limit of 45 mph shall be established upon the following
streets or portions thereof in the city:
5th STREET between Del Rosa Drive and 200 feet east of
Victoria Avenue
9th STREET between Waterman Avenue and 600 feet east of Preston Street
30th STREET between Little Mountain Drive and Valencia
Avenue
40th STREET between Kendall Drive and Electric Avenue
40th STREET between Waterman Avenue and Harrison
Canyon Road North
BASELINE STREET between California Street and Medical
Center Drive
“D” STREET between 6th Street and Highland Avenue
DEL ROSA AVENUE between Marshall Boulevard and 39th
Street
HUNTS LANE between Barton Road and Commercial Road
KENDALL DRIVE between “E” Street and 40th Street
LITTLE MOUNTAIN DRIVE between 27th Street and
Northpark Boulevard
MILL STREET between Waterman Avenue and Tippecanoe
Avenue
PALM AVENUE between Kendall Drive and Belmont
Avenue
PEPPER AVENUE between Randall Avenue and Mill Street
REDLANDS BOULEVARD between Gardena Street and
east city limits
RIALTO AVENUE between Eucalyptus Avenue and Mt.

Vernon Avenue
SAN BERNARDINO AVENUE between Tippecanoe
Avenue and Mt. View Avenue
TIPPECANOE AVENUE between 9th Street and Baseline
Street
TIPPECANOE AVENUE between San Bernardino Avenue
and 3rd Street
VALENCIA AVENUE between 30th Street and 40th Street
VICTORIA AVENUE between Highland Avenue and
Lynwood Drive
WATERMAN AVENUE between Central Avenue and Rialto
Avenue
(Ord. 2105, passed 4-3-1956; Ord. 3365, passed
8-9-1973; Ord. MC-93, passed 9-2-1981; Ord.

MC-114, passed 11-16-1981; Ord. MC-199, passed
8-17-1982; Ord. MC-449, passed 4-17-1985; Ord.

MC-586, passed 3-26-1987; Ord. MC-615, passed
1-8-1988; Ord. MC-698, passed 1-9-1990; Ord.

MC-842, passed 7-22-1992; Ord. MC-988, passed
12-17-1996; Ord. MC-1025, passed 7-7-1998; Ord.

MC-1033, passed 11-3-1998; Ord. MC-1042, passed
3-2-1999; Ord. MC-1043, passed 4-7-1999; Ord.

MC-1067, passed 3-7-2000; Ord. MC-1083, passed
9-6-2000; Ord. MC-1120, passed 3-19-2002; Ord.

MC-1421, passed 4-18-2016; Ord. MC-1428, passed
9-6-2016; Ord. MC-1491, passed 7-5-2018; Ord.

MC-1502, passed 12-5-2018)
§ 10.52.050 FIFTY MILES PER HOUR.

In accordance with and pursuant to the authority
of the Cal. Vehicle Code, §§ 22357, 22358 and
22360, 28
, the Mayor and Common City Council do
determine and declare upon the basis of an engineering
and traffic investigation that a prima facie speed limit of 50 mph shall be established upon the following
streets or portions thereof in the city:

HALLMARK PARKWAY between University Parkway and
Lexington Parkway
INDUSTRIAL PARKWAY between Lexington Parkway and
Palm Avenue
KENDALL DRIVE between 40th Street and Palm Avenue

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Speed Limits 57
ORANGE SHOW ROAD between Arrowhead Avenue and
Tippecanoe Avenue
PINE AVENUE between Kendall Drive and Belmont
Avenue
UNIVERSITY PARKWAY between Cajon Boulevard and
Northpark Boulevard
WATERMAN AVENUE between Barton Road and Central
Avenue
(Ord. 2105, passed 4-3-1956; Ord. 3365, passed
8-9-1973; Ord. MC-93, passed 9-2-1981; Ord.

MC-438, passed 2-19-1985; Ord. MC-586, passed
3-26-1987; Ord. MC-907, passed 7-6-1994; Ord.

MC-988, passed 12-17-1996; Ord. MC-992, passed
4-8-1997; Ord. MC-1067, passed 3-7-2000; Ord.

MC-1082, passed 9-6-2000; Ord. 1341, passed
12-1-2010; Ord. MC-1382, passed 11-20-2012; Ord.

MC-1421, passed 4-18-2016; Ord. MC-1428, passed
9-6-2016)
§ 10.52.055 FIFTY-FIVE MILES PER HOUR.

BASELINE STREET between Meridian Avenue and
California Street
(Ord. MC-988, passed 12-17-1996; Ord. MC-1421,
passed 4-18-2016; Ord. MC-1428, passed 9-6-2016)
§ 10.52.060 ERECTION OF SIGNS.

The Director of Public Services is ordered and
directed to erect and maintain, or cause to be erected
and maintained, appropriate signs giving notice of the
prima facie speed limits established in this chapter
along such streets.
(Ord. 2105, passed 4-3-1956; Ord. 2392, passed
9-26-1961; Ord. MC-344, passed 2-22-1984)

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CHAPTER 10.56: NOISE LIMITS
Section

10.56.010 Incorporation of state statutes

10.56.020 Muffler requirement
Statutory reference:

For provisions on noise limits, see Cal. Vehicle
Code, §§ 23130 and 23130.5.
27200 through
27207
§ 10.56.010 INCORPORATION OF STATE
STATUTES.
(A) It is unlawful for any person to operate on
public or private property, other than public streets or highways, a motorcycle, motor-driven cycle or any
other motor vehicle at any time or under any condition
of grade, load, acceleration or deceleration in such a
manner as to exceed the noise limits established in the Cal. Vehicle Code, § 23130
§§ 27200 through 27207
for such motorcycle, motor-driven cycle or other
vehicle based on a distance of 50 feet from the path of travel within the speed limits specified in the Cal.

Vehicle Code, § 23130.
§§ 27200 through 27207.
(B) The provisions of the Cal. Vehicle Code,
§ 23130§§ 27200 through 27207 are incorporated by
reference and made a part of this chapter wherever
such provisions may be made applicable without
contravening division (A) above; and any words and
phrases contained in this section shall have the same
meanings as are set forth in the California Vehicle
Code for such words and phrases when such meanings
are not in conflict with the intent of the Cal. Vehicle Code, § 23130.
§§ 27200 through 27207.
(Ord. 821, passed 8-9-1921; Ord. 3086, passed
6-30-1970; Ord. MC-460, passed 5-15-1985)
§ 10.56.020 MUFFLER REQUIREMENT.
(A) Every motorcycle, motor-driven cycle or
motor vehicle shall, at all times when being operated
on public or private property other than public streets or highways, be equipped with an adequate muffler in
constant operation and properly maintained to prevent
any excessive or unusual noise, and no such muffler or
exhaust system shall be equipped with a cutout, bypass
or similar device.
(B) MUFFLER or any other word or phrase of
this section, shall have the meaning ascribed to such
word or phrase in the California Vehicle Code.
(Ord. 821, passed 8-9-1921; Ord. 3086, passed
6-30-1970)
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TITLE 11: RESERVED
[Reserved]
1 Packet Page. 1142

San Bernardino - Reserved2

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TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter

12.03. RIGHT-OF-WAY PERMITS - EXCAVATIONS AND

TEMPORARY ENCROACHMENTS

12.04. RESERVED

12.05. RIGHT-OF-WAY PERMITS - WIRELESS FACILITIES

12.08. RESERVED

12.12. TELEGRAPH AND TELEPHONE POLES -

UNDERGROUND UTILITIES

12.16. DATUM PLANE

12.20. PUBLIC PROJECTS

12.21. DESIGN-BUILD

12.24. PUBLIC WORKS CONTRACTS

12.28. IMPROVEMENTS

12.30. SIGHT DISTANCE REQUIREMENT

12.32. HOUSE NUMBERS

12.36. STREET GRADES

12.40. STREET TREES

12.44. OBSTRUCTIONS

12.48. BRIDGES

12.52. FIRE HYDRANTS

12.56. PARADES

12.60. VENDING NEAR PUBLIC SCHOOLS
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San Bernardino - Streets, Sidewalks and Public Places2

12.64. MOTION PICTURE AND TELEVISION PRODUCTION

PERMITS

12.68. PARK AND SCHOOL GROUNDS

12.72. CLOCKS

12.76. SECCOMBE LAKE PARK

12.80. PUBLIC PARKS AND RECREATIONAL FACILITIES

12.84. OFF-STREET PUBLIC PARKING

12.88. HANG GLIDING

12.90. ESTABLISHMENT, FINANCING AND OPERATION OF

ASSESSMENT DISTRICTS

12.92. CONSTRUCTION AND MAINTENANCE OF

SIDEWALKS, CURBS AND DRIVEWAYS

12.93. CITY PARTICIPATION IN SIDEWALK/CURB REPAIR

AND SEWER CONNECTION COSTS

12.94. IMPROVEMENT DISTRICTS

12.95. SUBSTANDARD DRIVEWAY APPROACHES

12.96. INSTALLATION AND MAINTENANCE OF

LANDSCAPED FRONTAGES ON CITY RIGHTS-OF-WAY

AND WITHIN THE BUILDING SETBACK AREA UP TO

A MAXIMUM OF TWENTY FEET

12.98. CAMPING ON PUBLIC STREETS AND PARKS

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CHAPTER 12.03: RIGHT-OF-WAY PERMITS - EXCAVATIONS

AND TEMPORARY ENCROACHMENTS
Section

12.03.010 Findings

12.03.020 Definitions

12.03.030 Notice to disconnect or remove

12.03.040 Power to regulate

12.03.050 Non-interference with franchise
rights

12.03.055 Moratorium

12.03.060 Permit application

12.03.070 Fees

12.03.080 Reserved

12.03.090 Encroachment for lane closure

12.03.100 Inspection and plan review -
deposit

12.03.110 Bonds, insurance, deposits

12.03.120 Notifications and guidelines

12.03.130 Completion of work and
non-conforming work

12.03.140 Warranty of work - notice -
repair by city

12.03.150 Abandonment of facilities

12.03.160 Permit expiration

12.03.170 Violations - penalty
§ 12.03.010 FINDINGS.
(A) Increasing public demand for services has
prompted the expansion and installation of new above
and below ground facilities offered throughout the city street and public right-of-way system.
(B) Increased usage of the public right-of-way
has created congestion both above and below ground
and created competition for the available space.
(C) Congestion in the underground portions of
the street right-of-way has created conflicts between
the various users in that the first users take the
available space leaving little or no room for other
users. In some cases, the city is prevented from
installing needed expansions to water lines, sewers or
storm drains due to other users taking planned space
for their own facilities.
(D) Continued use of public right-of-way has
caused the degradation of existing pavements and in
some cases has been the cause of damage or
degradation to recently constructed or rehabilitated
pavements, traffic signal loops and pavement
markings.
(E) It is the intent of the city to preserve its right
to install expansions to its own systems, protect
investments in capital street improvements and prevent
overuse of the public right-of-way that would hamper
proper maintenance and operations of facilities.
(F) Continued excavations and encroachments
into the public right-of-way disrupt the traveling public as well as the business operators and pose potential
safety hazards unless controlled by permit and
properly inspected.
(G) A public utility franchise, granted by the
state or the city is a contract granting special privileges to use public rights-of-way. It is not intended that this chapter impose additional rules and regulations upon
the public utilities or confer authority to the city that conflicts with rights granted by existing franchise
agreements, the California Public Utilities Code or
jurisdiction of the California Public Utilities
Commission.
§ 12.03.020 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
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San Bernardino - Streets, Sidewalks and Public Places4
indicates or requires a different meaning.

ASPHALT STREET. Any street the surface of
which is paved with a mixture of rock, sand and
asphalt cement, including any of those which are
commonly known as asphalt pavement.

CONCRETE DRIVEWAY. Any driveway paved
with portland cement concrete.

CONCRETE GUTTER. Any gutter composed of
portland cement concrete.

CONCRETE STREET. Any street paved with
portland cement concrete.

CURB. Any curb constructed of portland cement
concrete.

ENCROACHMENT. To encroach upon, obstruct
or close any public street, alley, court, sidewalk or
any portion thereof within the city, for any purpose,
including construction, parking, sales, advertising or
any private usage of public right-of-way.

FACILITY. Physical structure of the facility, not
what is contained in the facility. Where protected by
PUC regulations, it is not required to disclose type of conductors or contents of the physical structure of the facility.

LIGHTS. Shall conform to the requirements
outlined in the current edition of the “Manual of
Traffic Controls,” published by the State of California.

MANHOLE. Any surface structure which is part
of any underground system, such as sewer, storm
drain, water, gas, ground pipes or wire system, and
shall have a surface cover with an exposed area of one
and one-half square feet or more and shall also include such structures of record that may have been overlaid
with surfacing materials.

NEW FACILITY. A new distribution line or new
service connection. Every attempt shall be made to use
existing service connections for proposed
developments or redevelopments. In the event the
distribution line or service connection is inadequate to serve a development, NEW FACILITY shall include
the necessary increase in size of distribution lines and service lines for the facility only and/or the extension of service to reach the development.

OILED STREET. Any street, the surface of
which is composed of a mixture of one or more spray
coats of road oil with sand, compressed rock or
decomposed granite, or chemical dust palliative,
having a thickness of one inch or less.

PERSON. Any person as defined in § 1.04.010,
and including any governmental agency or subdivision
of any city or county or the State of California.

PROPERTY. Any property, rail, ties, wire,
pipes, conduit or any device, fixture, appliance or
structure appurtenant thereto, installed, affixed or
located in or under any public street or public place in the city whether so affixed, installed or located under franchise, or otherwise.

PROSPECT HOLE. Any hole made in a
pavement, driveway or sidewalk by driving a metal
bar, or drill into same for the purpose of locating
existing utility pipes, or conduits, or leaks therefrom or for explorations as to soil type, depth to ground
water, monitoring of ground water or pollution or
other monitoring activities.

PUBLIC PLACE. A public place, public square,
public park, public playground, public court, public
building and grounds, public airport and all public
grounds and places owned and maintained by the city.

PUBLIC STREET. A public street, public
easements, public right-of-way, public highway,
public alley, public way or public road within the city.

ROCK AND OIL. Any street, the surface of
which is composed of macadam pavement, or a
mixture of rock, sand and either road oil or liquid
asphalt, having a total thickness of more than one
inch.

TRENCH INFLUENCE AREA. An area three
and one-half feet adjacent to the edge of any trench
where excavation occurs in the public right-of-way.

UNIMPROVED STREET. Any street, the

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Right-of-Way Permits - Excavations and Temporary Encroachments 5 surface of which is composed of dirt, soil, sand,
gravel, decomposed granite or similar materials in
their natural state or a surface of inbound or
waterbound gravel, or decomposed granite.

VALVE/VALVE BOX/PULL BOX. Any access
via surface structure which is part of any underground
system, such as sewer, storm drain, water, gas,
ground pipes, wire or cable systems, and has a surface
cover with a surface area of less than one and one-half square feet.

WARNING SIGNS. Shall conform to the
requirements of the “Manual of Traffic Controls,”
current edition, published by the State of California,
and the “Work Area Traffic Control Handbook”
(“WATCH”), current edition, as adopted by the City
of San Bernardino.
(Ord. MC-1281, passed 8-19-2008)
§ 12.03.030 NOTICE TO DISCONNECT OR
REMOVE.

Whenever the Director of Development Services
determines that it is reasonable and necessary that any property located in or under any public street, or
public place in this city, owned, maintained or
controlled by any person, be temporarily disconnected,
and reconnected, or permanently moved, relocated or
removed from any public street, or other public place,
in order that the city, or other governmental agency,
or instrumentality, may most economically, under
modern engineering and construction methods install,
construct, build or erect any public improvement, or
works in or under any public street, the Director of
Development Services shall give timely written notice
to the person owning, maintaining or controlling such
property, to move, relocate or temporarily disconnect
the same, as may be determined by the City Engineer.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.040 POWER TO REGULATE.
(A) The city shall adopt such regulations for the
location, size, depth, number of facilities to be
accommodated, installation and repair methods and
surcharges for new or recently rehabilitated public
streets that may require excavations as it may deem
necessary for public welfare. The regulations are
intended to protect the public right-of-way and
equitably allocate available space. In the event a utility cannot locate as directed by the city without violation of PUC installation guidelines, then alternate
alignments shall be selected.
(B) Whenever an excavation is made by
tunneling under the surface of the street, the city shall adopt such regulations and require such inspections, as it may deem necessary to ensure full compliance with
the other sections of this chapter.
(C) Whenever conduits are placed under city
streets or in public rights-of-way, the city will require the owner/user to ensure the conduits can be located,
with accuracy, by a reliable method. This shall mean
a horizontal location within four inches and depth
within 18 inches.
(D) Plans shall be prepared and submitted that
show the location, depth and type of proposed
facilities, as well as other existing underground
utilities. Such plans shall be to scale and no less than one inch equals 60 feet and shall show the
right-of-way line, curb lines and all known
underground utilities, conduits or buried wires.
(E) City direction to relocate or locate in other
positions to clear existing or future facilities will be considered mandatory and not merely
recommendations. Failure to follow approved plans
will result in the facility being relocated as directed at the cost of the owner.
§ 12.03.050 NON-INTERFERENCE WITH
FRANCHISE RIGHTS.

Nothing in this chapter shall be construed as
interfering with any rights granted to any persons,
firm or corporation under and by virtue of any
franchise of the state or of the city or to any rights
granted in the future.
§ 12.03.055 MORATORIUM.

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San Bernardino - Streets, Sidewalks and Public Places6
(A) It shall be unlawful for any person to
excavate, cut or open the pavement surface of any
street within five years after acceptance of the street construction work by the City Engineer, with the
exception of seal coated or micro-surfaced streets,
which shall be for a period of three years after
acceptance of the work by the City Engineer. This
moratorium on street excavations shall not apply if the Director of Development Services grants a street
excavation permit for any of the following reasons:
(1) Excavation work that is mandated by
city, county, state or federal legislation or that is
required as a condition of approval to a city issued
development permit;
(2) Utility service for development where
no other reasonable means of providing service exists,
as determined by the Director of Development
Services;
(3) For a prospect hole, as defined in this
chapter, to verify utility depth or location;
(4) Excavations which are essential
components of a regional project which will provide a
substantial public benefit;
(5) Written requests for state/federal
mandated pipeline integrity inspections; or
(6) Other situations where the Director of
Development Services finds that the excavation is
necessary for the public health, safety or welfare.
(B) In the event of an emergency which
endangers life or property, or for an emergency repair
or modification which is necessary to prevent
interruption of life essential utility services, excavation work may occur without first obtaining a permit;
however, written application for a permit shall be
provided the following business day.
(C) If a permit is granted by the Director of
Development Services or emergency excavation work
as hereinabove described is performed, the following
conditions shall apply:
(1) All restoration and repair work shall be
performed in accordance with the most current trench,
backfill and pavement replacement detail standards in
effect and as approved by the City Engineer;
(2) Provide a written pavement life
performance warranty in a form acceptable to the city,
unless one is already provided through a franchise
agreement with the city. The warranty shall provide
that in the event that subsurface material or pavement
over or within the trench influence area becomes
depressed, broken or otherwise fails at any time after
the excavation (or joint operation excavation) has been completed, that person shall repair or reconstruct the
subsurface and pavement to a condition to the
satisfaction of the City Engineer; and
(3) The person requesting the excavation
permit or responsible for emergency excavation work
shall submit an application for an excavation permit,
pay all required fees and comply with the provisions of this chapter.
(D) The moratorium on excavations shall not
apply in any area where the street pavement
construction was completed five years prior to the
effective date of the ordinance codified in this chapter. (Ord. MC-1281, passed 8-19-2008)
§ 12.03.060 PERMIT APPLICATION.
(A) Every permit for any excavation or
encroachment in or under the surface of any street
shall be granted subject to the rights of this city, or any other person entitled thereto, to make reasonable
use of that part of the street for any purpose for which the street may be lawfully used, consistent with the
excavation and/or encroachment made pursuant to
such permit.
(B) It is unlawful to remove material from or
engage in construction, repair or installation of
conduits within any street in such a manner as to
render such street impassable or dangerous to public
travel. Closure of streets must be approved in advance
with approval of traffic detour plans submitted in
accordance with the guidelines prepared by the City
Director of Development Services.

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Right-of-Way Permits - Excavations and Temporary Encroachments 7 (C) It is unlawful for any person to make
excavations or encroachments in or under the surface
of any street, sidewalk or public place, for the
installation, repair or removal of any pipe, conduit,
duct or tunnel, or for any other purpose except the
installation of poles and anchors serving overhead lines without first:
(1) Making and filing a written application
with the Director of Development Services a minimum
of 48 hours prior to starting any excavation or
encroachment, except any person or firm holding a
public utility franchise in the city may, for emergency purposes only, make and file a written application
during the next business day following the making of
such emergency excavations or encroachments;
(2) Receiving a written permit from the
Director of Development Services; and
(3) Making a deposit or other acceptable
security to cover the cost of installation including:
(a) Inspection;
(b) Restoring the street or sidewalk to
its original condition;
(c) Restoring all signs, pavement
markings, conduits, cables, pipes to a condition
acceptable to the city using similar materials and
methods to match the original improvements; and
(d) Incidental expenses in connection
therewith, as hereinafter provided for.
(D) Before issuing any permit provided for in
this section, the Director of Development Services
shall require that a written application be made and
filed with the Department of Public Works which shall
provide the following:
(1) Name and residence, or business
address of applicant;
(2) A detailed description of the work, its
location and approximate area (in square feet) and the
purpose for the excavation (installation, repair,
enhancement and the like); and
(3) A plat of the proposed work not larger
than 24 inches by 36 inches nor smaller than eight and
one-half inches by 11 inches and at a scale not smaller than one inch equals 60 feet showing the following:
(a) Right-of-way lines;
(b) Curb lines, back of sidewalk, street
lights, traffic signal and boxes;
(c) Location of proposed excavation
including the length and width of the trench;
(d) North arrow and scale;
(e) Street names and cross street (even
if shown with broken cente rline to nearest cross
street);
(f) All underground facilities with
size, location and ownership based on a search of
available records. This is required for the full
right-of-way width for lines going in the general
direction of the street and for the length of the trench for excavations generally perpendicular to the street;
and
(g) Such other information as the
Director of Development Services may require. No
plats shall be required when excavations or
encroachments are made for service connections, or
for locating or repairing existing underground
installations.
(E) Applicant must show legal authority to
occupy and use the street or sidewalk wherein the
excavation/encroachment is proposed to be made.
(F) It is unlawful for any person to make any
excavation, install or maintain any tank, pipe, conduit, duct or tunnel, in or under the surface of any street, or sidewalk or public place, at any location other than
that described in the application and shown on the
plats filed by such person. Any deviation in location
necessitated by actual field conditions shall be
corrected on the final plats and submitted to the
Director of Development Services as the as
constructed plats.

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San Bernardino - Streets, Sidewalks and Public Places8
(G) The Director of Development Services may
require site survey in order to ensure accurate location of facilities as deemed necessary to ensure compliance
with this section.
(H) Those performing the work shall have a valid
current city business registration and shall list the
number thereof on the application. The job
superintendent, as well as the owner’s authorized
representative, shall also provide 24-hour emergency
telephone numbers should problems be discovered
other than during normal working hours and shall list
the same on the application.
(I) The Director of Development Services may
issue vehicle parking permits that allow encroachment
into time limited parking areas for extended work
periods. See § 12.03.090.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.070 FEES.
(A) Before a right-of-way excavation/
encroachment permit is issued, the person making the
application shall pay the city a non-refundable
right-of-way construction permit fee as established by
resolution.
(B) (1) Public utilities approved by the Director
of Development Services may obtain a right-of-way
blanket permit for minor work and emergency work.

Applicants shall pay a non-refundable blanket permit
fee as established by resolution. A blanket permit will be valid for 12 months from the date of issuance.
(2) MINOR WORK is defined as cable
location and repair; constructing, modifying or
abandoning individual service connections;
maintaining and/or operating existing facilities;
installing protection and electrical disconnecting
equipment; and other equivalent minor work within
local residential streets and easements. Construction or replacement of new distribution and transmission
facilities, work within arterial or collector roads or
highways or any other activity not construed to be
MINOR WORK will require individual permits.
(3) EMERGENCY WORK is defined as
work necessary to repair damage to existing facilities
and/or reestablish service. Work done under a blanket
permit shall not require submittal of detailed plans as required by § 12.30.060 unless deemed necessary by
the Director of Development Services.
(C) Other public agencies may obtain a no fee
preliminary permit in order to complete the review
process and obtain any permit requirements. Prior to
any work being done under this preliminary permit,
the person or contractor that will perform the work
must obtain a right-of-way permit and pay all
associated permit fees and deposits.
(D) Applicants obtaining a permit for the purpose
of installing sewer laterals and making connection to
existing sewer lines will need to provide evidence
(receipts) to the Director of Development Services
showing that sewer capacity fees (paid to the City
Municipal Water Department) and sewer connection
fees (paid to the Development Services Department)
have been paid for the property being connected.
(Ord. MC-1027, passed 9-9-1998)
§ 12.03.080 RESERVED.
[Reserved]
§ 12.03.090 ENCROACHMENT FOR LANE
CLOSURE.
(A) Closure of traffic lanes on arterial and
collector streets as designated in the city’s general plan circulation element shall be avoided between the
morning and evening peak hours to accommodate
traffic operations. Generally, the period from 7:00
a.m. to 8:30 a.m. constitutes the morning peak and the
period from 3:30 p.m. to 5:30 p.m. constitutes the
evening peak. Peak flow need only be addressed
weekdays (Monday through Friday).
(B) Permits shall be required for
excavations/encroachments that will occur at the places and times specified in division (A) above and shall be
assessed an additional fee, as determined by
resolution, for each day of the closure or operation.

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Right-of-Way Permits - Excavations and Temporary Encroachments 9 (C) Emergency closures shall not require an
encroachment permit. The owner/contractor
completing the work shall notify the Director of
Development Services immediately by telephone or
telecopier or in person of such emergency closures. As
used in this section, EMERGENCY means an actual,
threatened or anticipated in cident or situation which
seriously threatens the public health and safety. In the event such emergency closures present a hazard or
serious impact on the traveling public, the
owner/contractor shall pay the city actual costs for
traffic control officers, personnel or equipment
dispatched to correct the traffic disruption. These
actual costs shall be over and above any blanket
permit, lane closure or after the fact permit issued.
(D) All traffic lane closures shall follow the
advance warning and safety signing as required by the
“WATCH Manual” or other approved traffic-control
manual. Failure to comply with this section shall
constitute sufficient grounds for the city to issue a stop work order.
(E) Projects involving the use of “Rule 20”
funds or being done at the request of the city in
relation to other ongoing city projects are exempt from the provisions of this section.
§ 12.03.100 INSPECTION AND PLAN REVIEW
- DEPOSIT.
(A) Before excavation/encroachment permits are
issued, a deposit to cover the estimated cost of the
inspection, plan review and repair/replacement costs
shall be paid to the city. Franchise holders who have
repair/replacement language within the franchise
agreement or who have previously undertaken all
repair/replacement obligations need only provide
inspection and plan review fees. Both inspection and
plan review will be charged as a percentage of the
estimated construction cost with a minimum basic fee
to cover administrative costs associated with the
permit and plan review/inspections. Public utilities
performing work under a blanket permit, in lieu of
providing the inspection and plan review deposit, shall be billed quarterly for costs based on construction
activities and plan reviews conducted for the public
utilities, by the city, in public rights-of-way and public places.
(B) Plan reviews shall be submitted to the
Department of Development Services for review and
comment. Two plans shall be submitted and no
permits shall be issued or construction started, until
the plan review has been completed and plans
approved.
(C) No portion of the deposit for
repair/replacement costs shall be returned until all
work has been satisfactorily completed and all
markings, signs, conduits and systems are returned to
working order or replaced in kind. This shall also
include the removal of pavement markings made to
locate underground utilities and facilities and used by the contractor for construction purposes. The street
shall be returned to a condition that reflects no
evidence of the construction activities. Depending on
the location of and direction of the excavation, the
contractor may be required to pave to limits of two
feet each side of the trench, from the curb to the first lane line, a full lane width, a full half street section or the entire street section should the trench be skewed or impact both sides of the street. Surface treatments,
such as chip seal and slurry seal, may be considered
based on the condition of the street and area of the
patch.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.110 BONDS, INSURANCE, DEPOSITS.
(A) (1) Except as provided in the Cal. Streets
and Highways Code, § 1468, before an
excavation/encroachment permit is issued, a deposit in
an amount of the estimated construction cost, as
determined by the Director of Development Services,
shall be paid to the city for damages and as indemnity
for any damages, which may be caused by the

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San Bernardino - Streets, Sidewalks and Public Places10 permitted excavation or obstruction; or in lieu of such deposit, post security in a form approved by the City
Attorney.
(2) Security shall indemnify the city for any
damages and shall be further conditioned upon the
compliance by the applicant with all provisions of this chapter. Such deposit or security shall be for 100% of
the estimated construction cost, as determined by the
Director of Development Services, to guarantee
faithful performance of all work, in a manner
satisfactory to the city, and that all materials and
workmanship will be free from original or developed
defects. The deposit or security will remain in effect
until the end of all warranty periods set forth in this chapter. Changes in the work or extensions of time
shall in no way release the applicant or surety from its obligations.
(B) (1) Applicant shall furnish to the city a
policy or certificate of liability insurance in which the city is the named insured or is named as an additional
insured with the applicant. Franchised utilities doing
work with their own forces shall not be required to
submit insurance certifications or policies.

Notwithstanding any inconsistent statement in the
policy or any subsequent endorsement, the city shall
be the insured or as an additional insured covering the work whether liability is attributable to the applicant or the city.
(2) The policy shall ensure the city, its
officers, employees and agents, while acting within the scope of their duties on the permit, against all claims arising out of or in connection with the work.

Coverage shall be in accordance with the current
edition of the “Standard Specifications for Public
Works Construction” (Green Book), § 7-3. The
applicant shall indemnify, defend and hold harmless
the city, its officers and agents from all damages, costs or expenses in law or equity that may, at any time,
arise or be set up because of damages to property, or
of personal injury received by reason or in the course
of performing work, which may be caused by any
willful or negligent act or omission by the applicant,
or any of the applicant’s employees or contractors.

The city will not be liable for any accident, loss or
damage to the work prior to its completion and
acceptance.
(3) All liability insurance policies shall bear
an endorsement or shall have attached a rider whereby
it is provided that, in the event of expiration or
proposed cancellation of such policies for any reason
whatsoever, the city shall be notified by registered
mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable
law or statute, but in no event less than 30 days before expiration or cancellation is effective.
(4) The applicant shall be required, on the
permit, to affirm that they have a certificate of consent to self-insure, or a certificate of workers’
compensation insurance, or a certified copy thereof
(Cal. Labor Code, § 3800) or sign a certificate of
exemption from workers’ compensation insurance
(work over $100 valuation). Said certification shall
certify the applicant shall not employ any person in
any manner so as to become subject to the Workers’
Compensation Laws of California in the performance
of the work. After making such certification, should
the applicant become subject to workers’ compensation
provisions of the California Labor Code, applicant
must forthwith comply with the same or the permit
shall be deemed revoked.
(C) Owner occupants or owner builders shall not
be required to provide said insurance certificates for
work with a value under $5,000. Owner occupants or
owner builders shall however be bound by the
provisions of division (B) above as it relates to
indemnification and defense of the city and liability for accident, loss or damage to property or for personal
injury. The owner occupant’s or the owner builder’s
signature on the application will attest to their
understanding and acceptance of the liability exposure
for work done by owner occupants or owner builders.

Owners or builders shall declare that they are exempt
from the Contractor’s License Law and as the owner

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Right-of-Way Permits - Excavations and Temporary Encroachments 11 of the property that they or their employees, with
wages as their sole compensation, will do the work
and it is not intended or offered for sale. Contractor’s License Law does not apply to an owner of property
who builds or improves thereon and who does such
work themselves or through their own employees;
provided that such improvements are not intended or
offered for sale. If, however, the improvement is sold
within one year of completion, the owner or builder
will have the burden of proving that they did not build or improve for the purpose of sale.
(D) Notwithstanding any provision in this chapter
to the contrary, a contractor who has been awarded a
competitive bid by the city for a public project
involving street excavation or cutting shall not be
required to file a bond or special deposit under this
section to cover the cost of repairing or replacement of street surface excavated or damaged; provided that the
contractor’s bid documents or contract require that
they perform such street repair or replacement as a
part of the awarded project and that they so perform in a manner satisfactory to the Director of Development
Services and in accordance with all provisions of this
section.
(E) An agreement between the Redevelopment
Agency and the city in a form satisfactory to the City
Attorney unconditionally providing and guaranteeing
that the agency provide and pay for those
excavations/encroachments and other costs required
pursuant to the provisions of this section may be filed with the Director of Development Services as security
in lieu of the bond, cash or certificate of deposit
whenever the excavations/encroachments are located
in a redevelopment project area and the agreement
recites that the excavations/encroachments are in
compliance with the redevelopment plan for the area
and in furtherance of the public interest in promoting
public or private development.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
Statutory reference:

Contractor’s License Law, see Cal. Business and
Professions Code, Division 3, Chapter 9
(commencing with § 7000)
Workers’ Compensation Laws of California, see
Cal. Labor Code (commencing with § 3200) and
Cal. Code of Regulations, Title 8
§ 12.03.120 NOTIFICATIONS AND
GUIDELINES.
(A) Twenty-four hours prior to commencing any
work within any public right-of-way or public place,
the applicant shall notify the Department of
Development Services, Field Engineering Section, to
arrange for inspection service. All work shall be
performed under the inspection and authority of the
Director of Development Services, or his or her
authorized representative, and shall comply with this
chapter and the policy concerning excavations/
encroachments.
(B) It is unlawful for any person to make any
excavations in any street or sidewalk without
maintaining safe crossings for vehicle traffic at all
street intersections, alleys and private driveways, and safe crossing for pedestrians at intervals of not more
than 300 feet. If any excavation is made across any
street or alley, at least one safe crossing shall be
maintained at all times for vehicles and pedestrians.

Free access must be provided and maintained to all
fire hydrants and water valves.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.130 COMPLETION OF WORK AND
NON-CONFORMING WORK.
(A) After work under the permit is commenced,
the applicant shall perform the work with due
diligence, and so as not to obstruct any street, alley, sidewalk or public place, or travel thereon more than
is actually necessary. If the work is not so performed, or if the work does not, in the judgment of the
Director of Development Services, comply with the
terms of this chapter, the Director of Development
Services shall notify the applicant, in writing, that the work is not performed with due diligence, or that the
work has not been properly done, and require the
applicant, within three days after service of such
notice, to diligently proceed with said work or
properly complete the same. If the applicant fails to
comply with such notice, the Director of Development

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San Bernardino - Streets, Sidewalks and Public Places12 Services shall do whatever work is necessary to restore the street, alley, sidewalk or public place to the same condition as existed before work began.
(B) The applicant shall be responsible for all
costs incurred by the city in the restoration and
enforcement actions pursuant to this section.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.140 WARRANTY OF WORK - NOTICE
- REPAIR BY CITY.
(A) The applicant shall warrantee the fitness of
all work for the period of one year, or as specified in franchise agreements, after completion of said work
against all defects in workmanship or materials.

Whenever, within said period of one year, any public
improvement so warranted becomes in need of repairs,
by reason of any defect in workmanship or material,
the Director of Development Services shall serve on
the applicant written notice stating what repairs are
necessary and requiring such repairs to be made within
three days after receipt of said notice. If the applicant fails to comply with such notice, the Director of
Development Services shall proceed to make such
repairs.
(B) The applicant shall be responsible for all
costs, including materials, labor and administration,
necessary to repair or replace defective work. Such
funds shall be withheld from the bonds or security
deposit submitted by the applicant until reimbursement
is made or other acceptable arrangement for payment
has been established.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.150 ABANDONMENT OF FACILITIES.
(A) When abandonment of existing facilities is
contemplated, the utility shall make every effort to
utilize the current alignment and location for the
proposed new facilities thereby preserving the
available right-of-way. In the event this is impractical or technically infeasible, the owner/user shall be
responsible for the removal of the abandoned facility.
(B) Abandoned facilities may be removed when
new facilities are installed or may be deferred until
such time as the abandoned facility conflicts with
proposed new development or the installation of any
new facilities. The owner shall coordinate the removal
and disposal of the abandoned facilities with the
contractor making the new improvements. The owner
shall be fully responsible for the disposal of the ducts, conduits, conductors, pipes, fittings and all other
portions of the abandoned work and for any hazardous
materials that may be present in any of the abandoned
facilities. Should contamination be evident in the
surrounding soils, the owner shall investigate and
mitigate the contamination.
(C) The owner shall maintain records of such
abandoned facilities and shall show such abandoned
facilities on any requests to locate facilities when there is a reasonable expectation of conflict with the
proposed construction. Such facilities shall be clearly designated as abandoned and upon request the owner
shall supply information on the material present.
§ 12.03.160 PERMIT EXPIRATION.
(A) If, after a permit has been issued pursuant to
this chapter, and construction has not commenced
within 60 days after the date thereof or other date set forth in the permit, then such permit shall become
void. Before work commences, the applicant must
obtain a new permit and pay the usual fee. The
applicant may request, in writing, that the Director of Development Services extend the permit time but such
requests shall be made prior to the 60-day expiration
date. The request shall state the reasons for the
extension, the duration of the extension request and
shall provide justification for not beginning the work
within the first 60 days. Deposits made on the value of the work may be released upon request of the applicant
after the applicant submits evidence of the proper
completion of the work or evidence that the permit
terminated prior to the commencement of the work.

Fees for plan review and inspections performed will
not be reimbursed nor applied to re-submittal for a
permit for the same area.
(B) Preliminary permits that have been issued to
a public agency under the provisions of this chapter

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Right-of-Way Permits - Excavations and Temporary Encroachments 13 but for which an excavation/encroachment permit has
not been issued or work commenced within one year
of issuance of the preliminary permit, or other date set forth on the permit, shall become void. Re-submittal
of the preliminary permit will be required to reactivate the process.
(C) Permits for encroachments into the public
right-of-way shall not be granted for any period longer than 30 days.
(Ord. MC-1004, passed 10-21-1997; Ord. MC-1027,
passed 9-9-1998)
§ 12.03.170 VIOLATIONS - PENALTY.

Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010. The enforcement of the
penal provisions in this section shall not bar the city from pursuing any other remedies permitted by law.
(Ord. MC-1004, passed 10-21-1997)

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San Bernardino - Streets, Sidewalks and Public Places14

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CHAPTER 12.04: RESERVED
(Repealed by Ord. MC-1004, passed 10-21-1997)
15 Packet Page. 1158

San Bernardino - Streets, Sidewalks and Public Places16

Packet Page. 1159

CHAPTER 12.05: RIGHT-OF-WAY PERMITS - WIRELESS FACILITIES Section

12.05.010 Purpose

12.05.020 Definitions

12.05.030 Scope

12.05.040 Administration

12.05.050 General standards for wireless
facilities in the public
rights-of-way

12.05.060 Applications

12.05.070 Findings; decisions; consultants

12.05.080 Conditions of approval

12.05.090 Breach; termination of permit

12.05.100 Infrastructure controlled by city

12.05.110 Non-discrimination
§ 12.05.010 PURPOSE.

The purpose of this chapter is to establish a
process for managing, and uniform standards for
acting upon, requests for the placement of wireless
facilities within the public rights-of-way of the city, consistent with the city’s obligation to promote the
public health, safety and welfare; to manage the public rights-of-way; and to ensure that the public is not
incommoded by the use of the public rights-of-way for
the placement of wireless facilities. The city
recognizes the importance of wireless facilities to
provide high quality communications service to the
residents and businesses within the city, and the city
also recognizes its obligation to comply with
applicable federal and state law regarding the
placement of personal wireless services facilities in its public rights-of-way. This chapter shall be interpreted consistent with those provisions.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.020 DEFINITIONS.

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

APPLICANT. A person filing an application for
placement or modification of a wireless facility in the public right-of-way.

APPLICATION. A formal request, including all
required and requested documentation and
information, submitted by an applicant to the city for
a wireless encroachment permit.

BASE STATION. Shall have the meaning as set
forth in 47 C.F.R. § 1.6100(b)(1), or any successor
provision.

ELIGIBLE FACILITIES REQUEST. Shall have
the meaning as set forth in 47 C.F.R. § 1.6100(b)(3),
or any successor provision.

FCC. The Federal Communications Commission
or its lawful successor.

MUNICIPAL INFRASTRUCTURE. City owned
or controlled property structures, objects and
equipment in the ROW, including, but not limited to,
street lights, traffic control structures, banners, street furniture, bus stops, billboards or other poles, lighting fixtures or electroliers located within the ROW.

PERMITTEE. Any person or entity granted a
wireless encroachment permit pursuant to this chapter.

PERSONAL WIRELESS SERVICES. Shall have
the same meaning as set forth in 47 U.S.C.
§ 332(c)(7)(C)(i).

PERSONAL WIRELESS SERVICES
FACILITY. A wireless facility used for the provision
of personal wireless services.
17 Packet Page. 1160

San Bernardino - Streets, Sidewalks and Public Places18 PUBLIC RIGHT-OF-WAY or ROW. Shall have
the same meaning as public street in § 12.03.020, but
shall also include any portion of any road or public
way which the city has the responsibility to maintain
or manage.

SMALL CELL FACILITY. Shall have the same
meaning as small wireless facility in 47 C.F.R.
§ 1.6002(1), or any successor provision (which is a
personal wireless services facility that meets the
following conditions that, solely for convenience, have been set forth below).
(1) The facility:
(a) Is mounted on a structure 50 feet or
less in height, including antennas, as defined in 47
C.F.R. § l.1320(d);
(b) Is mounted on a structure no more
than 10% taller than other adjacent structures; or
(c) Does not extend an existing
structure on which it are located to a height of more
than 50 feet or by more than 10%, whichever is
greater.
(2) Each antenna associated with the
deployment, excluding associated antenna equipment
(as defined in the definition of antenna in 47 C.F.R. § l.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated
with the structure, including the wireless equipment
associated with the antenna and any pre-existing
associated equipment on the structure, is no more than
28 cubic feet in volume;
(4) The facility does not require antenna
structure registration under 47 C.F.R. pt. 17;
(5) The facility is not located on Tribal
lands, as defined under 36 C.F.R. § 800.16(x); and
(6) The facility does not result in human
exposure to radio frequency radiation in excess of the
applicable safety standards specified in 47 C.F.R.
§ 1.1307(b).

SUPPORT STRUCTURE. Any structure capable
of supporting a base station.

TOWER. Any structure built for the sole or
primary purpose of supporting any FCC licensed or
authorized antennas and their associated facilities,
including structures that are constructed for personal
wireless services, including, but not limited to,
private, broadcast and public safety services, as well
as unlicensed wireless services and fixed wireless
services, such as microwave backhaul, and the
associated site. This definition does not include utility poles.

UNDERGROUND AREAS. Those areas where
there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way;
or where the wires associated with the same are or are
required to be located underground; or where the same
are scheduled to be converted from overhead to
underground. Electrical facilities are distribution
facilities owned by an electric utility and do not
include transmission facilities used or intended to be
used to transmit electricity at nominal voltages in
excess of 35,000 volts.

UTILITY POLE. A structure in the ROW
designed to support electric, telephone and similar
utility lines. A tower is not a UTILITY POLE.

WIRELESS ENCROACHMENT PERMIT. A
permit issued pursuant to this chapter authorizing the
placement or modification of a wireless f acility of a design specified in the permit at a particular location within the ROW; and the modification of any existing
support structure to which the wireless facility is
proposed to be attached.

WIRELESS FACILITY or FACILITY. The
transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s) and base
station(s).

WIRELESS INFRASTRUCTURE PROVIDER.

A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.

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Right-of-Way Permits - Wireless Facilities 19
WIRELESS REGULATIONS. Those regulations
adopted pursuant to Section 55 C.F.R. § 5 and
implementing the provisions of this chapter.

WIRELESS SERVICE PROVIDER. An entity
that provides personal wireless services to end users.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.030 SCOPE.
(A) In general. There shall be a type of
encroachment permit, entitled a “wireless
encroachment permit,” which shall be subject to all of
the same requirements as an encroachment permit
would under Chapter 12.03 in addition to all of the
requirements of this chapter. Unless exempted, every
person who desires to place a wireless facility in the
public rights-of-way or modify an existing wireless
facility in the public rights-of-way must obtain a
wireless encroachment permit authorizing the
placement or modification in accordance with this
chapter. Except for small cell facilities, facilities
qualifying as eligible facilities requests or any other type of facility expressly allowed in the public
right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this chapter. (B) Exemptions. This chapter does not apply to:
(1) The placement or modification of
facilities by the city or by any other agency of the state solely for public safety purposes; and
(2) Installation of a “cell on wheels,” “cell
on truck” or a similar structure for a temporary period in connection with an emergency or event, but no
longer than required for the emergency or event;
provided that installation does not involve excavation, movement or removal of existing facilities.
(C) Other applicable requirements. In addition to
the wireless encroachment permit required herein, the
placement of a wireless facility in the ROW requires
the persons who will own or control those facilities to obtain all permits required by applicable law, and to
comply with applicable law, including, but not limited
to, applicable law governing radio frequency (“RF”)
emissions.
(D) Pre-existing facilities in the ROW. Any
wireless facility already existing in the ROW as of the date of this chapter’s adoption shall remain subject to the standards and conditions of this code in effect prior to this chapter, unless and until a renewal of such
facility’s then existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any
request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter, rather than the portion(s) of this code that it was
previously reviewed under.
(E) Public use. Except as otherwise provided by
state law, any use of the public right-of-way
authorized pursuant to this chapter will be subordinate to the city’s use and use by the public.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.040 ADMINISTRATION.
(A) Reviewing authority. The Director of Public
Works (“the Director”), or his or her designee, is
responsible for administering this chapter. As part of
the administration of this chapter, the Director may:
(1) Interpret the provisions of this chapter;
(2) Develop and implement standards
governing the placement and modification of wireless
facilities consistent with the requirements of this
chapter, including regulations governing collocation
and resolution of conflicting applications for placement of wireless facilities;
(3) Develop and implement acceptable
designs and development standards for wireless
facilities in the public rights-of-way, taking into
account the zoning districts bounding the public
rights-of-way;
(4) Develop forms and procedures for
submission of applications for placement or
modification of wireless facilities, and proposed
changes to any support structure consistent with this
chapter;
(5) Determine the amount of and collect, as

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San Bernardino - Streets, Sidewalks and Public Places20 a condition of the completeness of any application, any fee established by this chapter;
(6) Establish deadlines for submission of
information related to an application, and extend or
shorten deadlines where appropriate and consistent
with state and federal laws and regulations;
(7) Issue any notices of incompleteness,
requests for information or conduct or commission
such studies as may be required to determine whether
a permit should be issued;
(8) Require, as part of, and as a condition
of, completeness of any application, notice to members
of the public that may be affected by the placement or
modification of the wireless facility and proposed
changes to any support structure;
(9) Subject to appeal as provided herein,
determine whether to approve, approve subject to
conditions or deny an application; and
(10) Take such other steps as may be
required to timely act upon applications for placement
of wireless facilities, including issuing written
decisions and entering into agreements to mutually
extend the time for action on an application.
(B) Appeal.
(1) Any person adversely affected by the
decision of the Director, pursuant to this chapter, may appeal the Director’s decision to the hearing officer, as the term is defined in § 9.94.010, which may decide
the issues de novo, and whose written decision will be
the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the
wireless service provider that intends to use the
personal wireless services facility.
(2) Where the Director grants an application
based on a finding that denial would result in a
prohibition or effective prohibition under applicable
federal law, the decision shall be automatically
appealed to the hearing officer, consistent with
provisions as provided in Chapter 9.94. All appeals
must be filed within two business days of the written
decision of the Director, unless the Director extends
the time therefor. An extension may not be granted
where extension would result in approval of the
application by operation of law.
(3) Any appeal shall be conducted so that a
timely written decision may be issued in accordance
with applicable law.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.050 GENERAL STANDARDS FOR

WIRELESS FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY.
(A) Generally. Wireless facilities in the ROW
shall meet the minimum requirements set forth in this
chapter and the wireless regulations, in addition to the requirements of any other applicable law.
(B) Regulations. The wireless regulations and
decisions on applications for placement of wireless
facilities in the ROW shall, at a minimum, ensure that
the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal
law, prohibit or effectively prohibit the provision of
personal wireless services, or otherwise violate
applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived,
but only to the minimum extent required to avoid the
prohibition or violation.
(C) Minimum standards. Wireless facilities shall
be installed and modified in a manner that minimizes
risks to public safety, avoids placement of
aboveground facilities in underground areas, avoids
installation of new support structures in the public
rights-of-way and otherwise maintains the integrity and character of the neighborhoods and corridors in which
the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and ensures that the city bears no
risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere
with the primary uses of the rights-of-way or hinder
the ability of the city or other government agencies to improve, modify, relocate, abandon or vacate the
public rights-of-way or any portion thereof or to cause the improvement, modification, relocation, vacation or

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Right-of-Way Permits - Wireless Facilities 21
abandonment of facilities in the rights-of-way.
(D) Design and location standards. All
applicants shall design and locate the wireless facilities in accordance with the Design and Development
Standards for wireless facilities in the public
right-of-way set forth and adopted by resolution of the Mayor and City Council and, from time to time,
amended and updated by the Director.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.060 APPLICATIONS.
(A) Submission. Unless the wireless regulations
provide otherwise, the applicant shall submit a paper
copy and an electronic copy of any application,
amendments or supplements to an application, or
responses to requests for information regarding an
application to: Director, at 201 North “E” Street,
Second Floor, San Bernardino, California 92401.
(B) Pre-application meeting. Prior to filing an
application for a wireless encroachment permit, an
applicant is encouraged to schedule a pre-application
meeting with the Director to discuss the proposed
facility, the requirements of this chapter and any
potential impacts of the proposed facility.
(C) Content. An applicant shall submit an
application on the form approved by the Director,
which may be updated, from time to time, but in any
event shall require the submission of all required
fee(s), city business license(s), documents, information and any other materials necessary to allow the Director to make required findings and ensure that the proposed
facility will comply with applicable federal and state
law, this code and will not endanger the public health, safety or welfare. If no form has been approved,
applications:
(1) Must contain all information necessary
to show that applicant is entitled to the wireless
encroachment permit requested, including, but not
limited to, the information and documents listed
below:
(a) Any information required pursuant
to the wireless regulations;
(b) The name of the applicant, his or
her telephone number and contact information and if
the applicant is a wireless infrastructure provider, the name and contact information for the wireless service
provider that will be using the personal wireless
services facility;
(c) A complete description of the
proposed wireless facility and the work that will be
required to install or modify it, including, but not
limited to, detail regarding proposed excavations, if
any; detailed site plans showing the location of the
wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after
installation or modification; and describing the
distance to the nearest residential dwelling unit and
any historical structure within 500 feet of the facility.

Before and after 360-degree photosimulations must be
provided;
(d) Documentation sufficient to show
that the proposed facility will comply with
generally-applicable health and safety provisions of
this code and the FCC’s radio frequency emissions
standards;
(e) A copy of the lease or other
agreement between the applicant and the owner of the
property to which the proposed facility will be
attached;
(f) If the application is for a small cell
facility, the application shall state as such and shall explain why the proposed facility meets the definition
of small cell facility in this chapter;
(g) If the application is for an eligible
facilities request, the application shall state as such and must contain information sufficient to show that the
application qualifies as an eligible facilities request, which information must show that there is an existing
wireless facility that was approved by the city. Before and after 360-degree photosimulations must be
provided, as well as documentation sufficient to show
that the proposed facility will comply with generally-
applicable health and safety provisions of this code and

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San Bernardino - Streets, Sidewalks and Public Places22 the FCC’s radio frequency emissions standards;
(h) Proof that notice has been mailed
to owners of all property owners, and the resident
manager for any multi-family dwelling unit that
includes ten or more units, within 500 feet of the
proposed personal wireless services facility;
(i) If applicant contends that denial of
the application would prohibit or effectively prohibit
the provision of service in violation of federal law, or otherwise violate applicable law, the application must
provide all information on which the applicant relies
on in support of that claim. Applicants are not
permitted to supplement this showing if doing so
would prevent city from complying with any deadline
for action on an application;
(j) The electronic version of an
application must be in a standard format that can be
easily uploaded on a web page for review by the
public; and
(k) Any required fees.
(2) Must specify whether the applicant
believes state or federal law requires action on the
application within a specified time period.
(D) Fees. Application fee(s) shall be required to
be submitted with any application for a wireless
encroachment permit. The Mayor and City Council are
authorized to determine, or cause to be determined,
the amount, type and other terms of such fee(s), from
time to time, by means of resolution. Notwithstanding
the foregoing, no application fee shall be refundable,
in whole or in part, to an applicant for a wireless
encroachment permit unless paid as a refundable
deposit.
(E) Waivers.
(1) Requests for waivers from any
requirement of this section shall be made, in writing,
to the Director, or his or her designee. The Director
may grant or deny a request for a waiver pursuant to
this division (E). The Director may grant a request for waiver if it is demonstrated that, notwithstanding the
issuance of a waiver, the city will be provided all
information necessary to understand the nature of the
construction or other activity to be conducted pursuant to the permit sought.
(2) All waivers approved pursuant to this
division (E) shall be:
(a) Granted only on a case-by-case
basis; and
(b) Narrowly-tailored to minimize
deviation from the requirements of this code.
(F) Incompleteness. For personal wireless
facilities and eligible facilities requests, applications will be processed, and notices of incompleteness
provided, in conformity with state, local and federal
law. If such an application is incomplete, the Director may notify the applicant in writing, and specify the
material omitted from the application.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.070 FINDINGS; DECISIONS;
CONSULTANTS.
(A) Findings required for approval.
(1) Except for eligible facilities requests,
the Director or hearing officer, as the case may be,
shall approve an application if, on the basis of the
application and other materials or evidence provided in review thereof, he or she finds the following:
(a) The facility is not detrimental to the
public health, safety and welfare;
(b) The facility complies with this
chapter and all applicable design and development
standards; and
(c) The facility meets applicable
requirements and standards of state and federal law.
(2) For eligible facilities requests, the
Director or hearing officer, as the case may be, shall
approve an application if, on the basis of the
application and other materials or evidence provided in review thereof, he or she finds the following:

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Right-of-Way Permits - Wireless Facilities 23
(a) That the application qualifies as an
eligible facilities request; and
(b) That the proposed facility will
comply with all generally-applicable laws.
(B) Decisions. Decisions on an application by the
Director or hearing officer shall be in writing and
include the reasons for the decision.
(C) Independent consultants. The Director or
hearing officer, as the case may be, is authorized, in
his or her discretion, to select and retain independent consultant(s) with expertise in telecommunications in
connection with the review of any application under
this chapter. Such independent consultant review may
be retained on any issue that involves specialized or
expert knowledge in connection with an application,
including, but not limited to, application completeness or accuracy, structural engineering analysis or
compliance with FCC radio frequency emissions
standards.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.080 CONDITIONS OF APPROVAL.
(A) Generally. In addition to any supplemental
conditions imposed by the Director or hearing officer,
as the case may be, all permits granted pursuant to this chapter shall be subject to the following conditions,
unless modified by the approving authority.
(1) Code compliance. The permittee shall,
at all times, maintain compliance with all applicable
federal, state and local laws, regulations and other
rules, including, without limitation, those applying to use of public rights-of-way.
(2) Permit duration. A wireless
encroachment permit shall be valid for a period of ten
years, unless, pursuant to another provision of this
code or these conditions, it expires sooner or is
terminated. At the end of ten years from the date of
issuance, such permit shall automatically expire,
unless an extension or renewal has been granted. A
person holding a wireless encroachment permit must
either:
(a) Remove the facility within 30 days
following the permit’s expiration (provided that
removal of support structure owned by the city, a
utility or another entity authorized to maintain a
support structure in the right-of-way need not be
removed, but must be restored to its prior condition,
except as specifically permitted by the city); or
(b) At least 90 days prior to expiration,
submit an application to renew the permit, which
application must, among all other requirements,
demonstrate that the impact of the wireless facility
cannot be reduced. The wireless facility must remain
in place until it is acted upon by the city and all
appeals from the city’s decision exhausted.
(3) Timing of installation. The installation
and construction authorized by a wireless
encroachment permit shall begin within six months
after its approval, or it will expire without further
action by the city. The installation and construction
authorized by a wireless encroachment permit shall
conclude, including any necessary post-installation
repairs and/or restoration to the ROW, within 30 days
following the day construction commenced.
(4) Commencement of operations. The
operation of the approved facility shall commence no
later than one month after the completion of
installation, or the wireless encroachment permit will
expire without further action by the city.
(5) As-built drawings. The permittee shall
submit an as-built drawing within 90 days after
installation of the facility. As-builts shall be in an
electronic format acceptable to the city.
(6) Inspections; emergencies. The city, or
its designee, may enter onto the facility area to inspect the facility upon 48 hours’ prior notice to the
permittee. The permittee shall cooperate with all
inspections and may be present for any inspection of
its facility by the city. The city reserves the right to enter, or direct its designee to enter, the facility and support, repair, disable or remove any elements of the
facility in emergencies or when the facility threatens
imminent harm to persons or property. The city shall
make an effort to contact the permittee prior to
disabling or removing any facility elements, but in any

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San Bernardino - Streets, Sidewalks and Public Places24 case shall notify permittee within 24 hours of doing so. (7) Contact. The permittee shall, at all
times, maintain accurate contact information for all
parties responsible for the facility, which shall include a 24-hour emergency phone number, street mailing
address and e-mail address for at least one natural
person.
(8) Insurance. Permittee shall obtain and
maintain throughout the term of the permit commercial
general liability insurance with a limit of $2,000,000
per occurrence for bodily injury and property damage
and $4,000,000 general aggregate, including premises
operations, contractual liability, personal injury and
products completed operations. The relevant
policy(ies) shall name the city, its elected/appointed
officials, commission members, officers,
representatives, agents and employees as additional
insureds. Permittee shall use its best efforts to provide [30 days’] prior notice to the city of to the cancellation or material modification of any applicable insurance
policy.
(9) Indemnities.
(a) The permittee and, if applicable,
the owner of the property upon which the wireless
facility is installed shall defend, indemnify and hold
harmless the city, its agents, officers, officials and
employees:

1. From any and all damages,
liabilities, injuries, losses, costs and expenses, and
from any and all claims, demands, lawsuits, writs of
mandamus and other actions or proceedings brought
against the city or its agents, officers, officials or
employees to challenge, attack, seek to modify, set
aside, void or annul the city’s approval of the permit; and

2. From any and all damages,
liabilities, injuries, losses, costs and expenses, and any and all claims, demands, lawsuits or causes of action
and other actions or proceedings of any kind or form,
whether for personal injury, death or property
damage, arising out of or in connection with the
activities or performance of the permittee or, if
applicable, the property owner or any of each one’s
agents, employees, licensees, contractors,
subcontractors or independent contractors.
(b) In the event the city becomes aware
of any such actions or claims, the city shall promptly
notify the permittee and, if applicable, the property
owner and shall reasonably cooperate in the defense.

The city shall have the right to approve, which
approval shall not be unreasonably withheld, the legal
counsel providing the city’s defense and the property
owner and/or permittee (as applicable) shall reimburse
city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.
(10) Adverse impacts on adjacent properties.

Permittee shall undertake all reasonable efforts to
avoid undue adverse impacts to adjacent properties
and/or uses that may arise from the construction,
operation, maintenance, modification and removal of
the facility.
(11) Non-interference. Permittee shall not
move, alter, temporarily relocate, change or interfere
with any existing structure, improvement or property
without the prior consent of the owner of that
structure, city improvement or property. No structure,
improvement or property owned by the city shall be
moved to accommodate a permitted activity or
encroachment, unless the city determines that such
movement will not adversely affect the city or any
surrounding businesses or residents, and the permittee
pays all costs and expenses related to the relocation of the city’s structure, improvement or property. Prior to commencement of any work pursuant to a wireless
encroachment permit, the permittee shall provide the
city with documentation establishing to the city’s
satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or
property within the public right-of-way or city utility easement to be affected by permittee’s facilities.
(12) No right, title or interest. The
permission granted by a wireless encroachment permit
shall not in any event constitute an easement on or an
encumbrance against the public right-of-way. No right,
title or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless
encroachment permit or the issuance of any other

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Right-of-Way Permits - Wireless Facilities 25
permit or exercise of any privilege given thereby.
(13) No possessory interest. No possessory
interest is created by a wireless encroachment permit.

However, to the extent that a possessory interest is
deemed created by a governmental entity with taxation
authority, the permittee acknowledges that the city has given, to the permittee, notice, pursuant to Cal.

Revenue and Taxation Code, § 107.6, that the use or
occupancy of any public property, pursuant to a
wireless encroachment permit, may create a
possessory interest which may be subject to the
payment of property taxes levied upon such interest.

Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory
interact taxes or other taxes, fees and assessments
levied against permittee’s right to possession,
occupancy or use of any public property pursuant to
any right of possession, occupancy or use created by
this permit.
(14) General maintenance. The site and the
facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be
maintained in a neat and clean manner and in
accordance with all approved plans. All graffiti on
facilities must be removed at the sole expense of the
permittee within 48 hours after notification from the
city.
(15) RF exposure compliance. All facilities
must comply with all standards and regulations of the
FCC and any other state or federal government agency
with the authority to regulate RF exposure standards.

After transmitter and antenna system optimization, but
prior to unattended operations of the facility, permittee or its representative must conduct on-site post
installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF
emissions safety rules for general
population/uncontrolled RF exposure in all sectors.

For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur
outwards to a distance where the RF emissions no
longer exceed the uncontrolled/general population
limit.
(16) Testing. Testing of any equipment shall
take place on weekdays only, and only between the
hours of 8:30 a.m. and 4:30 p.m., except that testing
is prohibited on holidays that fall on a weekday. In
addition, testing is prohibited on weekend days.
(17) Modifications. No changes shall be
made to the approved plans without review and
approval in accordance with this chapter.
(18) Agreement with city. If not already
completed, permittee shall enter into the appropriate
agreement with the city, as determined by the city,
prior to constructing, attaching or operating a facility on municipal infrastructure. This permit is not a
substitute for such agreement.
(19) Conflicts with improvements. For all
facilities located within the ROW, the permittee shall
remove or relocate, at its expense and without expense
to the city, any or all of its facilities when such
removal or relocation is deemed necessary by the city
by reason of any change of grade, alignment or width
of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines,
traffic-control devices, right-of-way improvements or
for any other construction, repair or improvement to
the right-of-way.
(20) Abandonment.
(a) If a facility is not operated for a
continuous period of six months, the wireless
encroachment permit and any other permit or approval
therefor shall be deemed abandoned and terminated
automatically, unless before the end of the six-month
period:

1. The Director has determined
that the facility has resumed operations; or

2. The city has received an
application to transfer the permit to another service
provider.
(b) No later than 90 days from the date
the facility is determined to have ceased operation or
the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all
equipment and improvements associated with the use
and shall restore the site to its original condition to the

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San Bernardino - Streets, Sidewalks and Public Places26 satisfaction of the Director. The permittee shall
provide written verification of the removal of the
facilities within 30 days of the date the removal is
completed. If the facility is not removed within 30
days after the permit has been discontinued pursuant to this division (A)(20), the site shall be deemed to be a nuisance, and the city may cause the facility to be
removed at permittee’s expense or by calling any bond
or other financial assurance to pay for removal. If
there are two or more users of a single facility or
support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
(21) Encourage co-location. Where the
facility site is capable of accommodating a co-located
facility upon the same site in a manner consistent with the permit conditions for the existing facility, the
owner and operator of the existing facility shall allow co-location of third party facilities; provided the
parties can mutually agree upon reasonable terms and
conditions.
(22) Records. The permittee must maintain
complete and accurate copies of all permits and other
regulatory approvals issued in connection with the
facility, whic h includes, without limitation, this
approval, the approved plans and photo simulations
incorporated into this approval, all conditions
associated with this approval and any ministerial
permits or approvals issued in connection with this
approval. In the event that the permittee does not
maintain such records as required in this condition or
fails to produce true and complete copies of such
records within a reasonable time after a written request from the city, any ambiguities or uncertainties that
would be resolved through an inspection of the missing
records will be construed against the permittee.
(23) Attorneys’ fees. In the event the city
determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be
required to pay any and all costs of such legal action, including reasonable attorneys’ fees, incurred by the
city, even if the matter is not prosecuted to a final
judgment or is amicably resolved, unless the city
should otherwise agree with permittee to waive said
fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement
proceeding.
(B) Eligible facilities requests. In addition to the
conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director
or hearing officer, as the case may be, all permits for an eligible facility request s granted pursuant to this chapter shall be subject to the following additional
conditions, unless modified by the approving
authority.
(1) Permit subject to conditions of
underlying permit. Any permit granted in response to
an application qualifying as an eligible facilities
request shall be subject to the terms and conditions of the underlying permit.
(2) No permit term extension. The city’s
grant or grant by operation of law of an eligible
facilities request permit constitutes a
federally-mandated modification to the underlying
permit or approval for the subject tower or base
station. Notwithstanding any permit duration
established in another permit condition, the city’s grant or grant by operation of law of a eligible facilities
request permit will not extend the permit term for the
underlying permit or any other underlying regulatory
approval, and its term shall be coterminous with the
underlying permit or other regulatory approval for the
subject tower, utility pole or base station.
(3) No waiver of standing. The city’s grant
or grant by operation of law of an eligible facilities
request does not waive, and shall not be construed to
waive, any standing by the city to challenge § 6409(a)
of the Spectrum Act, any FCC rules that interpret
§ 6409(a) of the Spectrum Act or any modification to
§ 6409(a) of the Spectrum Act.
(C) Small cell facilities requests. In addition to
the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the
Director or hearing officer, as the case may be, all
permits for a small cell facility granted pursuant to this chapter shall be subject to the following condition,
unless modified by the approving authority: the city’s
grant of a permit for a small cell facility request does

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Right-of-Way Permits - Wireless Facilities 27
not waive, and shall not be construed to waive, any
standing by the city to challenge any FCC orders or
rules related to small cell facilities, or any
modification to those FCC orders or rules.
(Ord. MC-1560, passed 6-16-2021)
Statutory reference:

Spectrum Act of 2012, § 6409(a), see 47 U.S.C.
§ 1455(a)
§ 12.05.090 BREACH; TERMINATION OF
PERMIT.
(A) For breach. A wireless encroachment permit
may be revoked for failure to comply with the
conditions of the permit or applicable law. Upon
revocation, the wireless facility must be removed;
provided that removal of a support structure owned by
city, a utility or another entity authorized to maintain a support structure in the right-of-way need not be
removed, but must be restored to its prior condition,
except as specifically permitted by the city. All costs incurred by the city in connection with the revocation
and removal shall be paid by entities who own or
control any part of the wireless facility.
(B) For installation without a permit. A wireless
facility installed without a wireless encroachment
permit (except for those exempted by this chapter)
must be removed; provided that removal of support
structure owned by the city, a utility or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to
its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection
with the revocation and removal shall be paid by
entities who own or control any part of the wireless
facility.
(C) Municipal infraction. Any violation of this
chapter will be subject to the same penalties as a
violation of Chapter 1.12.
(Ord. MC-1560, passed 6-16-2021)
§ 12.05.100 INFRASTRUCTURE
CONTROLLED BY CITY.

The city, as a matter of policy, will negotiate
agreements for use of municipal infrastructure. The
placement of wireless facilities on those structures
shall be subject to the agreement. The agreement shall
specify the compensation to the city for use of the
structures. The person seeking the agreement shall
additionally reimburse the city for all costs the city
incurs in connection with its review of, and action
upon the person’s request for, an agreement.
§ 12.05.110 NON-DISCRIMINATION.

In establishing the rights, obligations and
conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and non-discriminatory
manner, to the extent required by law, and with
considerations that may be unique to the technologies,
situation and legal status of each particular applicant or request for use of the public rights-of-way.
(Ord. MC-1560, passed 6-16-2021)

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San Bernardino - Streets, Sidewalks and Public Places28

Packet Page. 1171

CHAPTER 12.08: RESERVED
(Repealed by Ord. MC-1004, passed 10-21-1997)
29 Packet Page. 1172

San Bernardino - Streets, Sidewalks and Public Places30

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CHAPTER 12.12: TELEGRAPH AND TELEPHONE POLES - UNDERGROUND UTILITIES Section

12.12.010 Removal from streets and
placement underground required

12.12.020 Use of insulated conduits
required

12.12.030 Applicable districts

12.12.040 Erection of poles - no permits
issued

12.12.050 Violation - penalty
Cross-reference:

For provisions on underground utilities, see
Chapter 13.36
Statutory reference:

For provisions on conversion of utilities facilities
to underground locations, see Cal. Streets and
Highways Code, §§ 5896.1 et seq. and Cal.

Gov’t Code, § 38793
§ 12.12.010 REMOVAL FROM STREETS AND
PLACEMENT UNDERGROUND REQUIRED.

All poles heretofore erected for telephone,
telegraph or other wires (except electric light, power
and trolley wires), or for carrying or conducting wires for the purpose of conducting or transmitting
telephonic or telegraphic messages, sounds or signals
by electricity, within the district described in
§ 12.12.030, shall, on or before June 1, 1907, be
removed from the public streets of the city, within the district described, and the keeping or maintaining
thereafter in the public streets within said district of any pole or poles for telephone, telegraph or other
purpose (except for electric light, power or trolley
wire), or any wire or wires upon or above the surface
of the ground, for the purpose of conducting, carrying
or transmitting telephonic or telegraphic sounds,
messages or signals, shall be deemed guilty of a
misdemeanor.
(Ord. 335, passed 10-10-1906)
§ 12.12.020 USE OF INSULATED CONDUITS
REQUIRED.

All telephone, telegraph or other wires used for
the purpose of conducting, carrying or transmitting
telephonic or telegraphic messages, sounds or signals,
along or over the public streets of the city within that portion of the city described in § 1.12.030 shall, on or before June 1, 1907, be removed and placed
underground in properly insulated conduits constructed
and built under the supervision of the Director of
Development Services of the city, and to the
satisfaction of the Mayor and Common
City Council.
[Text continues on following page.]
31 Packet Page. 1174

San Bernardino - Streets, Sidewalks and Public Places32

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Telegraph and Telephone Poles - Underground Utilities 33 (Ord. 335, passed 10-10-1906; Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998)

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San Bernardino - Streets, Sidewalks and Public Places34 § 12.12.030 APPLICABLE DISTRICTS.

The portion or district of the city, which is
affected by the provisions of this chapter and referred to in §§ 12.12.010 and 12.12.020, is particularly
described as follows: commencing at the southeast
corner of Lot Seven of Block 14 of the city; thence
north along the east line of said Block 14 and along the east line of Block 19 to the northeast corner of said
Block 19; thence west along the north lines of said
Block 19, 20 and 21 to a point 50 feet west of the
northeast corner of Lot Seven of said Block 21; thence
south to a point 50 feet west of the northeast corner of Lot Two of said Block 21; thence west to the
northwest corner of said Lot Four of said Block 21;
thence south along the west line of said Lot Four to a
point midway between the north and south lines of said
Lot Four; thence west across “F” Street and along the
north lines of Lots One and Two of Block 22 to the
northwest corner of Lot Two of said Block 22; thence
south to a point in the west line of Lot Five of Block
11 midway between the north and south lines of said
Lot Five; thence east to the southwest corner of Lot
Five of Block 12; thence south to the southwest corner
of Lot Four of said Block 12; thence east to the point
of beginning, all according to the official map of said city of record in the office of the County Recorder in
Book 7 of Maps, Page 1.
(Ord. 335, passed 10-10-1906)
§ 12.12.040 ERECTION OF POLES - NO
PERMITS ISSUED.

The Director of Development Services of the city
is directed to issue no permits for the erection of poles for telephone or telegraph wires within the district
described in § 12.12.030 and to prevent the erection
within said district of any more poles to be used for
carrying or supporting of wire for the conducting or
transmitting of electric messages, sounds or signals.
(Ord. 335, passed 10-10-1906; Ord. MC-344, passed
2-22-1984; Ord. MC-1027, passed 9-9-1998)
§ 12.12.050 VIOLATION - PENALTY.

Any person, firm or corporation who violates any
provision of this chapter, or fails to comply with the
conditions of this chapter, is guilty of a misdemeanor, which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 335, passed 10-10-1906; Ord. MC-460, passed
5-15-1985)

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CHAPTER 12.16: DATUM PLANE
Section

12.16.010 Established

12.16.020 Addition to official grades
§ 12.16.010 ESTABLISHED.

The official datum for all leveling for the city is
established as the sea level datum of 1929.
(Ord. 2040, passed 8-3-1954)
§ 12.16.020 ADDITION TO OFFICIAL GRADES.

There shall be added to all official grades
established prior to August 2, 1954, by the City
Engineer and adopted by the Mayor and Common
City
Council, seventy-hundredths feet, which vertical
distance shall be considered as the adjustment between
the official datum plane established by Ord. 3832, and
the sea level datum of 1929.
(Ord. 2040, passed 8-3-1954)
Editor’s note:

Ord. 383 was repealed by Ord. 2040, passed
8-3-1954.
35 Packet Page. 1178

San Bernardino - Streets, Sidewalks and Public Places36

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CHAPTER 12.20: PUBLIC PROJECTS
Section

12.20.010 Adoption of state statutes

12.20.020 Applicable definitions

12.20.030 Bids; expenditure requiring;
notice
§ 12.20.010 ADOPTION OF STATE STATUTES.

Cal. Public Contract Code, §§ 20161, 20163,
20164, 20166 and 20168 are adopted as laws
governing the city, and such sections shall take effect and be in force within the city except as set forth in
this chapter; provided that any public project shall be exempted under this chapter if the Mayor and
Common
City Council or the Board of Water
Commissioners determine that the work on such public
project can be performed by day labor or city forces.
(Ord. 821, passed 8-9-1921; Ord. 3275, passed
7-14-1972; Ord. MC-484, passed 11-20-1985)
§ 12.20.020 APPLICABLE DEFINITIONS.
(A) As used in Cal. Public Contract Code,
§ 20161, the phrase PUBLIC PROJECT shall not
mean the repair or maintenance of public projects.
(B) The phrase REPAIR OR MAINTENANCE,
as used in this chapter, is defined to mean only those
items constituting rehabilitation to original condition, or, as applied to streets:
(1) The reworking of the existing street
surface by the application of one and one-half inch or
less overlay, except that 25% of the project may be of
a greater thickness to provide a leveling course; and
(2) The repair or replacement of existing
signs, signals, safety devices, guard rails, seal coats, culverts, curbs, gutters, sidewalks, driveways and
similar items.
(Ord. 821, passed 8-9-1921; Ord. 3224, passed
1-4-1972; Ord. MC-484, passed 11-20-1985)
§ 12.20.030 BIDS; EXPENDITURE
REQUIRING; NOTICE.

When the expenditure required for a public
project exceeds $5,000, it shall be contracted for and
let to the lowest responsible bidder after notice.
(Ord. 821, passed 8-9-1921; Ord. MC-484, passed
11-20-1985)
37 Packet Page. 1180

San Bernardino - Streets, Sidewalks and Public Places38

Packet Page. 1181

CHAPTER 12.21: DESIGN-BUILD
Section

12.21.010 Purpose and intent

12.21.020 Definitions

12.21.030 Design-build procurement
authorized

12.21.040 Procurement process

12.21.050 Bonds and insurance

12.21.060 Subcontractors

12.21.070 Other rights and remedies
§ 12.21.010 PURPOSE AND INTENT.

The purpose of this chapter is to provide
definitions and guidelines for the award, use and
evaluation of design-build contracts.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.020 DEFINITIONS.

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

BEST VALUE. A value determined by evaluation
of objective criteria that may include, but not be
limited to, price, features, functions, life-cycle costs, experience and past performance. A BEST VALUE
determination may involve the selection of the lowest
cost proposal meeting the interests of the city and
meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the
city or a tradeoff between price and other specified
factors.

CITY. The City of San Bernardino.

CONSTRUCTION SUBCONTRACT. Each
subcontract awarded by the design-build entity to a
subcontractor that will perform work or labor or
render service to the design-build entity in or about the construction of the work or improvement, or a
subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or
improvement according to detailed drawings contained
in the plans and specifications produced by the
design-build team.

DESIGN-BUILD. A project delivery process in
which both the design and construction of a project are procured from a single entity.

DESIGN-BUILD ENTITY. A corporation,
limited liability company, partnership, joint venture or other legal entity that is able to provide appropriately licensed contracting, architectural and engineering
services as needed pursuant to a design-build contract.

DESIGN-BUILD TEAM. The design-build entity
itself and the individuals and other entities identified by the design-build entity as members of its team.

Members shall include the general contractor and, if
utilized in the design of the project, all electrical,
mechanical and plumbing contractors.

PROCUREMENT AGENT. The City Manager,
the General Manager of the San Bernardino
City
Municipal Water Department or the designee of either
the City Manager or General Manager.
39 Packet Page. 1182

San Bernardino - Streets, Sidewalks and Public Places40 PUBLIC WORKS PROJECT. Any city project
requiring design and construction services.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.030 DESIGN-BUILD PROCUREMENT
AUTHORIZED.

Pursuant to § 140 of
the City Charter, and
notwithstanding any provision to the contrary in the
California Public Contracts Code or in any other
ordinance or procedure of the city, the use of
design-build procurement is authorized for any public
works project, including, but not limited to, any public works project undertaken by the San Bernardino
City
Municipal Water Department, no matter the amount.

The city, with approval of the Mayor and
Common
City Council, or for public works projects
undertaken by San Bernardino City Municipal Water
Department, the approval of the Board of Water
Commissioners may award a public works project
contract to the low bid or the best value. Any code,
ordinance or procedure in conflict with the foregoing
authorization is specifically superseded.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.040 PROCUREMENT PROCESS.
(A) The procurement agent shall prepare a set of
documents setting forth the scope and estimated price
of the public works project. The documents may
include, but need not be limited to, the size, type and desired design character of the public works project;
performance specifications covering the quality of
materials, equipment, workmanship, preliminary plans
or building layouts; or any other information deemed
necessary to describe adequately the city’s needs. The
performance specifications and any plans shall be
prepared by a design professional who is duly licensed
and registered in the state.
(B) (1) The procurement agent shall prepare
and issue a request for qualifications in order to
pre-qualify or short-list the design-build entities whose proposals shall be evaluated for final selection.
(2) The request for qualifications shall
include, but need not be limited to, the following
elements:
(a) Identification of the basic scope and
needs of the public works project or contract, the
expected cost range, the methodology that will be used
by the city to evaluate proposals, the procedure for
final selection of the design-build entity and any other information deemed necessary by the city to inform
interested parties of the contracting opportunity;
(b) Significant factors that the city
reasonably expects to consider in evaluating
qualifications, including technical design and
construction expertise, acceptable safety record and all other non-price-related factors;
(c) 1. A standard template request
for statements of qualifications prepared by the city. In preparing the standard template, the city may consult
with the construction industry, the building trades and surety industry and other cities using design-build
procurement.

2. The template shall require the
following information:
a. If the design-build entity
is a privately held corporation, limited liability
company, partnership or joint venture, a listing of all of the shareholders, partners or members known at the
time of statement of qualification submission who will
perform work on the public works project;
b. Evidence that the
members of the design-build team have completed, or
demonstrated the experience, competency, capability
and capacity to complete projects of similar size, scope or complexity, and that proposed key personnel have
sufficient experience and training to competently

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Design-Build 41
manage and complete the design and construction of
the public works project, and a financial statement that ensures that the design-build entity has the capacity to complete the public works project;
c. The licenses, registration
and credentials required to design and construct the
public works project, including, but not limited to,
information on the revocation or suspension of any
license, credential or registration;
d. Evidence that establishes
that the design-build entity has the capacity to obtain all required payment and performance bonding,
liability insurance and errors and omissions insurance; e. Information concerning
workers’ compensation experience history and a
worker safety program;
f. If the proposed
design-build entity is a corporation, limited liability company, partnership, joint venture or other legal
entity, a copy of the organizational documents or
agreement committing to form the organization; and
g. An acceptable safety
record. A proposer’s safety record shall be deemed
acceptable if its experience modification rate for the
most recent three-year period is an average of 1.00 or
less, and its average total recordable injury or illness rate and average lost work rate for the most recent
three-year period does not exceed the applicable
statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in the Cal. Labor Code,
§ 3201.5.
(d) 1. The information required
under this section shall be certified under penalty of
perjury by the design-build entity and its general
partners or joint venture members.

2. Information required under
this section that is not otherwise a public record under the California Public Records Act (Cal. Gov’t Code,
Title 1, Division 7, (Chapter 3.5
10, Part 2, Chapter 1,
commencing with § 62507921.000)) shall not be open
to public inspection.
(C) (1) Based on the documents prepared as
described in division (A) above, the procurement agent
shall prepare a request for proposals that invites pre- qualified or short-listed entities to submit competitive sealed proposals in the manner prescribed by the city.
(2) The request for proposals shall include,
but need not be limited to, the following elements:
(a) Identification of the basic scope and
needs of the public works project or contract, the
estimated cost of the public works project, the
methodology that will be used by the city to evaluate
proposals, whether the contract will be awarded on the
basis of low bid or best value and any other
information deemed necessary by the city to inform
interested parties of the contracting opportunity;
(b) Significant factors that the city
reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all non- price-related factors;
(c) The relative importance or the
weight assigned to each of the factors identified in the request for proposals; and
(d) Where a best value selection
method is used, the city may reserve the right to
request proposal revisions and hold discussions and
negotiations with responsive proposers, in which case
the city shall so specify in the request for proposals
and shall publish separately or incorporate into the
request for proposals applicable procedures to be
observed by the city to ensure that any discussions or
negotiations are conducted in good faith.
(D) For those public works projects utilizing low
bid as the final selection method, the competitive
bidding process shall result in lump-sum bids by the
pre-qualified or short-listed design-build entities, and awards shall be made by the Mayor and Common
City
Council or, for public works projects undertaken by
the San Bernardino
City Municipal Water Department,
the Board of Water Commissioners, to the design-
build entity that is the lowest responsible bidder.

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San Bernardino - Streets, Sidewalks and Public Places42 (E) For those public works projects utilizing best
value as a selection method, the design-build
competition shall progress as follows.
(1) Competitive proposals shall be evaluated
by using only the criteria and selection procedures
specifically identified in the request for proposals. The following minimum factors, however, shall be
weighted as deemed appropriate by the procurement
agent:
(a) Price, unless a stipulated sum is
specified;
(b) Technical design and construction
expertise; and
(c) Life-cycle costs over 15 or more
years.
(2) Pursuant to division (C) above, the city
may hold discussions or negotiations with responsive
proposers using the process articulated in the city’s
request for proposals.
(3) When the evaluation is complete, the
responsive proposers shall be ranked based on a
determination of value provided; provided that no
more than three proposers are required to be ranked.
(4) The award of the contract shall be made
to the responsible design-build entity whose proposal
is determined by the Mayor and Common
City
Council, or for public works projects undertaken by
the San Bernardino
City Municipal Water Department,
the Board of Water Commissioners, to have offered
the best value to the public.
(5) Notwithstanding any other provision of
this code, upon issuance of a contract award, the city
shall publicly announce its award, identifying the
design-build entity to which the award is made, along
with a statement regarding the basis of the award.
(6) The statement regarding the city’s
contract award, described in division (E)(5) above,
and the contract file shall provide sufficient
information to satisfy an external audit.
(Ord. MC-1423, passed 7-5-2016)
Editor’s note:

Financial information submitted for bids is
discloseable, except that some corporate
financial information may be protected under
Cal. Gov’t Code, §§ 7927.500, 7928.705,
7927.705, 7927.605 and 7922.000 (formerly
Cal. Gov’t Code, §§ 6254(a), (h) and (k);
6254.15; and 6255).
§ 12.21.050 BONDS AND INSURANCE.
(A) The design-build entity shall provide
payment and performance bonds for the public works
project in the form and in the amount required by the
city, and issued by a state admitted surety. The amount of the payment bond shall not be less than the amount
of the performance bond.
(B) The design-build contract shall require errors
and omissions insurance coverage for the design
elements of the public works project.
(C) The procurement agent shall develop a
standard form of payment and performance bond for
its design-build public works projects.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.060 SUBCONTRACTORS.
(A) The procurement agent, in each design-build
request for proposals, may identify specific types of
subcontractors that must be included in the
design-build entity statement of qualifications and
proposal.
(B) Following award of the design-build
contract, the design-build entity shall proceed as
follows in awarding construction subcontracts with a
value exceeding 0.5% of the contract price allocable to construction work:
(1) Provide public notice of availability of
work to be subcontracted in accordance with the
publication requirements applicable to the competitive

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Design-Build 43
bidding process of the city, including a fixed date and time on which qualifications statements, bids or
proposals will be due;
(2) Establish reasonable qualification
criteria and standards; and
(3) Award the subcontract either on a best
value basis or to the lowest responsible bidder. The
process may include pre-qualification or short-listing.

The foregoing process does not apply to construction
subcontractors listed in the original proposal.
(Ord. MC-1423, passed 7-5-2016)
§ 12.21.070 OTHER RIGHTS AND REMEDIES.

Nothing in this chapter affects, expands, alters or
limits any rights or remedies otherwise available at
law, including, but not limited to, the ability of the
Mayor and Common
City Council, or for public works
projects undertaken by the San Bernardino City
Municipal Water Department, the Board of Water
Commissioners, to reject all bids pursuant to the
authority granted by § 238 of
the City Charter.
(Ord. MC-1423, passed 7-5-2016)

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San Bernardino - Streets, Sidewalks and Public Places44

Packet Page. 1187

CHAPTER 12.24: PUBLIC WORKS CONTRACTS
Section

12.24.010 Bond required

12.24.020 Compliance with state statute

12.24.030 Prevailing wages
§ 12.24.010 BOND REQUIRED.

Each contractor shall execute and file with the
city a good and sufficient surety company bond for
labor and materials in the sum of not less than one-half of the total amount payable by the terms of the
contract for any public works; provided that the
amount exceeds $2,000 at the time of execution of the
contract.
(Ord. 2386, passed 9-5-1961)
§ 12.24.020 COMPLIANCE WITH STATE
STATUTE.

The provisions of such bond as required in
§ 12.24.010 shall be in accordance with the provisions
of the general law set forth in the Cal. Gov’t Code,
Title 1, Division 5
6, Chapter 310.5, as now in effect
and as hereafter amended unless otherwise provided by
ordinance.
(Ord. 2386, passed 9-5-1961)
§ 12.24.030 PREVAILING WAGES.

Under and pursuant to the Cal. Labor Code,
§ 1770, the Director of Industrial Relations determines the general prevailing rate of per diem wages in the
city for each craft or type of worker or mechanic.

Such rates shall be applicable to any public works
contract, as such term is defined under the Cal. Labor
Code, §§ 1720 et seq., of the city.
(Ord. MC-1425, passed 7-18-2016)
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San Bernardino - Streets, Sidewalks and Public Places46

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CHAPTER 12.28: IMPROVEMENTS
Section

12.28.010 Procedure authorized

12.28.020 Public hearing

12.28.030 Combined hearing authorized

12.28.040 Combined notices authorized

12.28.050 Hearing - decisions - effect

12.28.060 Permit required

12.28.070 Written application required

12.28.080 Fees required

12.28.090 Plan fees

12.28.100 Regulations

12.28.110 Violation of sections 12.28.060
through 12.28.100 - penalty
Statutory reference:

For the Improvement Act of 1911, see Cal.

Streets and Highways Code, §§ 5000 et seq.
§ 12.28.010 PROCEDURE AUTHORIZED.
(A) Before the Mayor and Common
City Council
adopt any resolution or ordinance ordering the
construction of any improvement or the acquisition of
any property for public use, or both, herein referred to as “improvement,” where the cost thereof is to be paid
in whole or in part by special assessment taxes upon
lands, a public hearing may be held and a finding and
determination made by the Mayor and Common
City
Council as provided herein that the public convenience
and necessity require the same.
(B) If such procedure is not so followed and if
such finding and determination is not made pursuant
thereto, the requirements otherwise prescribed by Cal.

Streets and Highways Code, Division 4, and Article
XIII, § 17
24 of the California Constitution shall be
complied with before any such resolution or ordinance
may be adopted.
(Ord. 2063, passed 5-17-1955)
§ 12.28.020 PUBLIC HEARING.

The Mayor and Common
City Council may hold
a public hearing to find and determine whether the
public convenience and necessity require any such
improvement. Reference may be made to one or more
plans, profiles, specifications, maps or plats for the
description of the improvement and all particulars
relative thereto, which plans, profiles, specifications, maps or plats shall be on file with the City Clerk or
the City Engineer and open to inspection.
(Ord. 2063, passed 5-17-1955)
§ 12.28.030 COMBINED HEARING
AUTHORIZED.

The hearing required by this chapter may be a
separate hearing or may be combined and held
concurrently with the hearing required by the
Improvement Act, pursuant to which the improvement
proceeding is proposed.
(Ord. 2063, passed 5-17-1955)
Statutory reference:

Improvement Act of 1911, see Cal. Streets and
Highways Code, §§ 5000 et seq.
§ 12.28.040 COMBINED NOTICES
AUTHORIZED.

Whether the hearing is held separate, or combined
47 Packet Page. 1190

San Bernardino - Streets, Sidewalks and Public Places48 and held concurrently with the hearing required by the
Improvement Act, pursuant to which the improvement
proceeding is proposed, notice shall be given by
posting and publication in the manner prescribed by
the Improvement Act involved, and if the hearings are
combined or held concurrently, such notice may be
combined with the notice of hearing given under the
Improvement Act under which the improvement
proceeding is proposed.
(Ord. 2063, passed 5-17-1955)
§ 12.28.050 HEARING - DECISIONS -
EFFECT.
(A) The hearing may be continued from time to
time. After the conclusion thereof and prior to
adoption of a resolution or ordinance ordering the
improvement, the Mayor and Common
City Council
shall consider and pass upon all protests filed and all matters presented, and their decision thereon shall be
final and conclusive.
(B) If, by such decision, the Mayor and
Common
City Council find and determine by no less
than a four-fifths vote of all members thereof that the public convenience and necessity require such
improvement, the Mayor and Common
City Council
may thereafter, in accordance with the Improvement
Act specified or designated for the project, adopt a
resolution or ordinance ordering the improvement
substantially as proposed, or as modified, altered or
changed by order of the Mayor and Common
City
Council as authorized by the improvement act for the
project.
(C) After such finding and determination by the
Mayor and Common
City Council, the provisions of
law for debt limitation and majority protest, as
mentioned in Article XIII, § 17
24 of the California
Constitution, shall not apply.
(Ord. 2063, passed 5-17-1955)
§ 12.28.060 PERMIT REQUIRED.

It is unlawful for any person, firm or corporation
to grade, prepare, subgrade, pave, lay sewer or drain
pipe, construct curbs, gutters, driveways, sidewalks,
manholes, catch basins, retaining walls, traffic signals, street lighting systems or similar structures in any
street, alley or way, which street, alley or way is
dedicated or proposed to be dedicated for public use,
within the city, without first obtaining a written permit from the city to do so. No such permit shall be issued
for use of quarry tile or ceramic tile for such
improvements, but permission may be granted for use
of patterned concrete in such sidewalks, street medians and parkways. The Director of Development Services
may establish a standard color for patterned concrete
to be placed in sidewalks, street medians and parkways
on public developments, but the developer shall have
the right to choose the color if the improvements are
being made by a private developer.
(Ord. 1963, passed 11-18-1952; Ord. 2519, passed
8-20-1963; Ord. 3918, passed 2-25-1980; Ord.

MC-320, passed 12-6-1983; Ord. MC-460, passed
5-15-1985; Ord. MC-1027, passed 9-9-1998)
§ 12.28.070 WRITTEN APPLICATION
REQUIRED.

Any person, firm or corporation desiring a permit
under this chapter shall present a written application
therefor to the City Engineer, setting forth the name
and address of the applicant; details concerning the
location, nature and extent of construction intended to be made; and the purpose for which the construction
is to be made and used.
(Ord. 1963, passed 11-18-1952)
§ 12.28.080 FEES REQUIRED.

For construction, repair and alteration of
sidewalks, curbs, gutters, driveways, subgrades and
pavements, manholes, catch basins, retaining walls,
traffic signals, street lighting systems and other
structures, and for excavating, laying and backfilling
sewers and drainage pipe lines, concerning which
specifications, lines and grades therefor shall be
determined by the City Engineer, charges for
inspections and construction staking shall be based

Packet Page. 1191

Improvements 49
upon a schedule of fees fixed by resolution duly
adopted by the Mayor and CommonCity Council after
the conclusion of a public hearing relating thereto.
(Ord. 1963, passed 11-18-1952; Ord. 3432, passed
6-17-1974; Ord. 3918, passed 2-25-1980)
§ 12.28.090 PLAN FEES.

Charges shall be made by the City Engineer and
paid by the applicant for checking improvement plans
relating to street projects, except as otherwise
provided in Title 18, based upon a schedule of fees
fixed by resolution duly adopted by the Mayor and
Common
City Council after the conclusion of a public
hearing relating thereto.
(Ord. 1963, passed 11-18-1952; Ord. 3432, passed
6-17-1974)
§ 12.28.100 REGULATIONS.
(A) It is unlawful for any person, firm or
corporation performing work under this chapter to fail, neglect or refuse to remove all unused materials and
debris within three days after completion of the work.
(B) The materials used in the construction work
may be stored on adjacent public property during the
course of construction; provided that the same are so
placed and safeguarded by lights, warning signs and
barricades, as not to constitute a hazard to public
peace and safety.
(C) No driveway approach shall cross over a lot
line as extended without the consent of the City
Engineer.
(D) Raw materials and workmanship for work
provided under this chapter shall conform to applicable provisions of standard specifications on file in the
office of the City Engineer.
(E) Any person, firm or corporation doing work
under this chapter shall cause all such work to be
inspected by the City Engineer’s office, and shall
notify said Department 24 hours before the time set for inspection. Work completed without such notice or
request for inspection will not be accepted, and work
done during the absence of said inspector may not be
accepted by the city. All work to be performed under
this chapter shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the City Engineer, or his or her
authorized inspector.
(Ord. 1963, passed 11-18-1952; Ord. MC-460, passed
5-15-1985)
§ 12.28.110 VIOLATION OF SECTIONS

12.28.060 THROUGH 12.28.100 - PENALTY.
(A) Civil penalties. Any person, firm or
corporation doing work for which a permit is required
under this chapter, without having first obtained such
permit, shall be required to pay fees for all such work in an amount twice the amount fixed by resolution for
such work.
(B) Criminal penalties. Any person, firm or
corporation violating any provision of §§ 12.28.060
through 12.28.100 is guilty of an infraction, which,
upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. 1963, passed 11-18-1952; Ord. 3774, passed
11-9-1978; Ord. MC-460, passed 5-15-1985)

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San Bernardino - Streets, Sidewalks and Public Places50

Packet Page. 1193

CHAPTER 12.30: SIGHT DISTANCE REQUIREMENT
Section

12.30.010 Definitions

12.30.020 Provision of sight distance

12.30.030 Obstructions

12.30.040 Existing obstructions

12.30.050 Street trees

12.30.060 Violation - penalty
§ 12.30.010 DEFINITIONS.

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

DIRECTOR OF DEVELOPMENT SERVICES.

Any authorized representative of said Director.

SIGHT RESTRICTION. Any obstruction to a
driver’s line of sight.

SIGHT TRIANGLE. The area in which no sight
restrictions are allowed.

TRAFFIC ENGINEER. Any authorized
representative of the City’s Traffic Engineer.
(Ord. MC-783, passed 5-6-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.30.020 PROVISION OF SIGHT DISTANCE.

Sufficient sight distance shall be provided at all
intersections to allow approaching vehicles to stop
before colliding with a vehicle on an intersecting
street. No obstructions that create a sight restriction shall be permitted within the clear sight triangle, as
shown on the “Standard Drawing(s) for Sight Distance
Requirements” incorporated into the Traffic Policy
Paper promulgated, from time to time, by the
Department of Development Services and on file with
the City Clerk.
(Ord. MC-783, passed 5-6-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.30.030 OBSTRUCTIONS.

Obstructions shall include any object extending
more than two and one-half feet above the pavement,
at the curb lines of the intersecting streets, such as
trees, shrubs, fences, walls, newspaper racks, utility
facilities, bus shelters and the like. Trees, trimmed to a minimum height of eight feet above ground; traffic
signals; and street light poles shall not be considered as obstructions, unless a finding is made by the Traffic Engineer that they constitute a sight restriction based on the size, trunk diameter, number in a small area or
number in a row. Legally parked motor vehicles shall
not constitute an obstruction.
(Ord. MC-783, passed 5-6-1991)
§ 12.30.040 EXISTING OBSTRUCTIONS.

This chapter shall not apply to conditions existing
on the effective date of this chapter, but as pre-existing corner sight obstructions are discovered, which may
affect the health and safety of residents of the city, the provisions of this chapter may be looked to as
guidelines as to how such sight obstructions may be
remedied.
(Ord. MC-783, passed 5-6-1991)
§ 12.30.050 STREET TREES.

Removal of street trees shall be in accordance
with Chapter 12.40.
(Ord. MC-783, passed 5-6-1991)
51 Packet Page. 1194

San Bernardino - Streets, Sidewalks and Public Places52 § 12.30.060 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. MC-783, passed 5-6-1991)

Packet Page. 1195

CHAPTER 12.32: HOUSE NUMBERS
Section

12.32.010 Adoption of numbering system

12.32.020 Assignment of address numbers

12.32.030 Requirement for number

12.32.040 Violations of sections 12.32.010
through 12.32.030 - penalty

12.32.050 Curb house number business
license required

12.32.060 Size and color of house numbers

12.32.070 Violation of sections 12.32.050
through 12.32.060
§ 12.32.010 ADOPTION OF NUMBERING
SYSTEM.

The following system for the numbering of the
buildings in the city is adopted: commencing at First,
on A, B, C, D, E, F, G, H, I and such other streets as
may exist, or may hereafter be established running in
the same direction as said A, B, C, D, E, F, G, H, I
Streets, with the number 100, and number north to the
north boundary line of said city, allowing 100 numbers
to each block of 600 feet, exclusive of street
intersections; and commencing at A Street, on 1st,
2nd, 3rd, 4th, 5th, 6th, 7t h, 8th, 9th, 10th and such
other streets as exist or may hereafter be established
running in the same direction as said last named streets with the number 100 and number west to the west
boundary line of said city, allowing 100 numbers to
each block of 600 feet, exclusive of street
intersections, and commencing at 1st Street, on A, B,
C, D, E, F, G, H, I and such other streets as may
exist, or may hereafter be established running in the
same direction as said last named streets, with the
number 100, and number south to the south boundary
line of said city, allowing 100 numbers to each block
of 600 feet, exclusive of street intersections, and
commencing at A Street on 1st, 2nd, 3rd, 4th, 5th,
6th, 7th, 8th, 9th, 10th and such other streets exist or may hereafter be established running in the same
direction as the last named streets, with the number
100 and number east to the east boundary line of said
city, allowing 100 numbers to each block of 600 feet
exclusive of street intersections; with the even
numbers placed on the north and west sides of said
streets, and the odd numbers on the south and east side of streets.
(Ord. 102, passed 11-17-1891)
§ 12.32.020 ASSIGNMENT OF ADDRESS
NUMBERS.

It shall be the responsibility of the Building
Official, or his or her designee, to assign building
address numbers. The Building Official shall give
written notice to the owner, occupant, lessee, tenant or subtenant of the assignment of an address number.

Address numbers that are already in place shall not be
required to be changed unless a conflict exists, the
street name is changed or some other condition occurs
that necessitates an address be changed. The size and
location of address numbers shall be in accordance
with the adopted Building and Fire Codes.
(Ord. 102, passed 11-17-1891; Ord. MC-1337, passed
11-15-2010; Ord. MC-1395, passed 1-6-2014)
§ 12.32.030 REQUIREMENT FOR NUMBER.

It is unlawful to keep or maintain any building or
entrance in the city without the proper number being
placed thereon.
(Ord. 102, passed 11-17-1891)
§ 12.32.040 VIOLATIONS OF SECTIONS

12.32.010 THROUGH 12.32.030 - PENALTY.

Any person, firm or corporation who violates any
53 Packet Page. 1196

San Bernardino - Streets, Sidewalks and Public Places54 provision of §§ 12.32.010 through 12.32.030, or who
refuses or neglects to comply with the notice required
to be given within five days after receiving such
notice, is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 102, passed 11-17-1891; Ord. MC-460, passed
5-15-1985)
§ 12.32.050 CURB HOUSE NUMBER
BUSINESS LICENSE REQUIRED.

It is unlawful for any person, firm, corporation,
co-partnership or association, either as owner, agent or otherwise, to paint or otherwise place house numbers
on curbs of streets in the city without first obtaining a curb house number business license from the
Department of Finance and Management Services, and
paying the fee therefor.
(Ord. 2163, passed 2-19-1957; Ord. 3346, passed
5-11-1973; Ord. MC-344, passed 2-22-1984; Ord.

MC-1484, passed 4-18-2018; Ord. MC-1625, passed
2-21-2024)
§ 12.32.060 SIZE AND COLOR OF HOUSE
NUMBERS.
[Reserved]
(Repealed by Ord. MC-1337, passed 11-15-2010 and
Ord. MC-1395, passed 1-6-2014)
§ 12.32.070 VIOLATION OF SECTIONS

12.32.050 THROUGH 12.32.060.

Any person, firm or corporation violating any
provision of §§ 12.32.050 through 12.32.060 is guilty
of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 2163, passed 2-19-1957; Ord. MC-460, passed
5-15-1985)

Packet Page. 1197

CHAPTER 12.36: STREET GRADES
Section

12.36.010 Definitions

12.36.020 Conformance of street grades

12.36.030 Construction of buildings below
street grade unlawful

12.36.040 Violation of Section 12.36.030 -
penalty
§ 12.36.010 DEFINITIONS.

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

CENTERLINE. A line in the middle of the street
along its course with an equal distance between it and
the street line on each side.

CURB. A street improvement generally
constructed of cement concrete, six inches wide at the
top, nine inches wide at the bottom and 15 inches in
height, with the top edge nearest the centerline of the street constructed to conform to the curb line of the
street, and the side nearest the street line constructed perpendicular and the top and bottom constructed
horizontal. Said word may refer to a CURB already
constructed or which might be hereafter constructed
and in places where no CURB exists, where the word
is used as designating a location, it shall be presumed to exist.

CURB LINE. The line at the top of the curb at
the edge nearest the centerline of the street. The
CURB LINE on all streets, unless otherwise provided
by ordinance, shall be the distance from the property
line as provided by § 2 of Ord. 338 of the city, entitled “An Ordinance establishing the width of sidewalks
within the City of San Bernardino and establishing the
width of cement sidewalks that may hereafter be
constructed in said City” adopted and approved
September 17, 1906.

GUTTER LINE. The line along the face of the
curb at the top of the roadway and ten inches below
the top of the curb.

PROPERTY LINE. The boundary line along the
street of any abutting land.

ROADWAY. All that portion of the street
between the curbs, and at intersections shall include
that portion of the street described between the curb
lines of the street extended along the course of the
street across the intersecting street. In extending such curb lines, the lines shall produce a straight line
between the points of intersection of the curb lines of the described street with the curb lines of the
intersecting street.

SIDEWALK. The portion of the street between
the curb line and the property line.

STREET. Any land which has been dedicated and
accepted according to law as a public street or
highway, or which has been in common and
undisputed use for general highway purposes by the
public for a period of not less than five years. Such
word shall be deemed to include avenues, highways,
lanes, alleys, crossings or intersections, courts and
places.

STREET LINE. Means, such as, for example,
“the south line of Third Street,” the boundary line of
the street along the course of the street. At
intersections, such line shall be deemed to cross the
intersecting street from one corner of the intersection to the other corner on the same side of the street.
(Ord. 756, passed 1-4-1920)
55 Packet Page. 1198

San Bernardino - Streets, Sidewalks and Public Places56 § 12.36.020 CONFORMANCE OF STREET
GRADES.
(A) Except as otherwise provided by ordinance,
or unless otherwise provided for by resolution of the
Mayor and Common
City Council, or upon plans
adopted for the improvement of any street within the
city by the Mayor and Common
City Council, the
grades of all streets in the city are established in
conformity with the grades already established along
such streets or which may be hereafter established
along such streets, as follows.
(1) Where the grade is established along the
curb line:
(a) The grade of the street along the
curb line shall be a straight line drawn between
described points;
(b) The grade at the property line at
right angles to the curb line shall be higher than the
grade at the curb line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line; and
(c) The grade of the centerline of the
street between the two curb lines shall be an average
of the grade at the curb lines taken at right angles to the centerline of the street.
(2) Where the grade of the street is
established along the property line:
(a) The grade of the street along the
property line shall be a straight line drawn between
described points; and
(b) The grade at the curb line at right
angles to the property line shall be lower than the
grade at the property line at the rate of one-quarter of an inch per foot of distance between the curb line and
the property line.
(3) The grade of the sidewalk shall be a
straight line drawn between the grade at the curb line
and the grade at the property line taken at right angles with either curb line or property line.
(B) The grade of the roadway taken at right
angles to the curb line shall conform to a curved line
which shall be a parabola intersecting gutter lines on
each side or roadway and centerline of street.
(C) The grade of the street at the gutter line shall
be ten inches below the grade at the curb line.
(D) Unless it clearly appears to the contrary, the
grade of all streets heretofore established shall be
construed to have been established in accordance with
the grades established, and all ordinances establishing the grades of any street in the city subsequently
adopted by the Mayor and Common
City Council of
the city shall be deemed to have been passed and
adopted in the light of this section, and the grades of any such street shall be deemed established along and
across any such street in accordance with the
provisions of this section unless a contrary intention
clearly appears.
(Ord. 821, passed 8-9-1921; Ord. 1301, passed
5-12-1926)
§ 12.36.030 CONSTRUCTION OF BUILDINGS
BELOW STREET GRADE UNLAWFUL.

It is unlawful to erect, build or construct any
building, structure or im provement within the city
below the official grade of the street as determined by the Mayor and Common
City Council except as
follows: that, in the event that the City Engineer
determines, by reason of m ountains, hills or other
topography, that it is impractical to conform to the
official grade, then, and, in that event, the City
Engineer shall notify the Chief Building Inspector of
such determination and an exception shall be granted
hereto permitting the erection or construction of
buildings and structures at other than the official
grade.
(Ord. 1900, passed 11-30-1950; Ord. 2265, passed
6-23-1959)
§ 12.36.040 VIOLATION OF SECTION

12.36.030 - PENALTY.

Any person, firm or corporation violating any
provisions of § 12.36.030 is guilty of a misdemeanor,

Packet Page. 1199

Street Grades 57
which, upon conviction thereof, is punishable in
accordance with § 1.12.010.
(Ord. 1900, passed 11-30-1950; Ord. MC-460, passed
5-15-1985)

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San Bernardino - Streets, Sidewalks and Public Places58

Packet Page. 1201

CHAPTER 12.40: STREET TREES
Section

12.40.010 Definitions

12.40.020 Street tree master plan

12.40.030 Conformance with street tree
master plan

12.40.040 Petition of property owners for
change in variety of trees

12.40.050 Removal of city tree - duty of
Director of Public Services

12.40.060 Authorized removal of tree -
criteria

12.40.070 Permit required for cutting,
trimming and the like

12.40.080 Application for permit

12.40.090 Compliance with permit

12.40.100 Cost of removal of trees

12.40.110 Unlawful acts

12.40.120 Height of plants

12.40.130 Duty of property owner and
abatement of nuisance

12.40.140 Violation - penalty
Statutory reference:

For provisions on the planting of trees along
public streets, see Cal. Streets and Highways
Code, §§ 22000 et seq.
§ 12.40.010 DEFINITIONS.

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

DIRECTOR OF PARKS, RECREATION, AND
COMMUNITY SERVICES. Any designated
representative of such Director.

DIRECTOR OF PUBLIC SERVICES. Any
authorized representative of such Director.
(Ord. 1655, passed 4-8- 1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.020 STREET TREE MASTER PLAN.

All streets, sidewalks, parkways, lanes, alleys,
parks and other public places in the city now open or
dedicated, or which may be hereafter opened or
dedicated to public use, may be planted with trees,
palms, shrubs, bushes, plants and flowers as
specifically provided in the street tree master plan on file in the Parks, Recreation and Community Services
Department.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983)
§ 12.40.030 CONFORMANCE WITH STREET
TREE MASTER PLAN.

It is unlawful for anyone to plant trees, shrubs or
bushes upon the streets, sidewalks, parkways, lanes,
alleys, parks and other public places to which the
master plan is applicable, except in conformity with
the master plan.
(Ord. 1655, passed 4-8- 1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983)
§ 12.40.040 PETITION OF PROPERTY

OWNERS FOR CHANGE IN VARIETY OF
TREES.

In the event a petition bearing the signatures of
not less than 75% of the property owners owning
property fronting upon any city street, sidewalk,
parkway, lane, alley, park or other public place which
is one block long or more, requests a change in the
variety of trees used for planting in the place referred to in the petition, the petition shall be granted by the 59 Packet Page. 1202

San Bernardino - Streets, Sidewalks and Public Places60 Director of Public Services, following consultation
with the Director of Parks, Recreation and Community
Services if the variety requested for replacement or
new planting is known and established as a street tree
and is not of a variety that may tend to break
sidewalks or curbs or is not objectionable as a street
tree for other reasons.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.050 REMOVAL OF CITY TREE -
DUTY OF DIRECTOR OF PUBLIC SERVICES.

Upon receipt of a request for the removal of a
city tree or for a change in the type of tree designated in the master plan, the Director of Public Services
shall investigate and respond in writing to the request, with a copy to the Council member of the ward. The
Director’s decision shall be final unless an appeal to
the Mayor and Common
City Council is filed with the
City Clerk pursuant to the provisions of Chapter 2.64.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.060 AUTHORIZED REMOVAL OF
TREE - CRITERIA.

The Director of Public Services is authorized to
remove or approve the removal of those trees which:
(A) Are diseased;
(B) Constitute a traffic hazard;
(C) Threaten to damage sidewalks, curbs or
gutters;
(D) Are not in conformity with adopted
specifications:
(E) Interfere with street widening;
(F) Are located in a business district;
(G) Obstruct the moving of houses;
(H) Block proposed driveways or entrances to
private property; or
(I) Interfere with or damage sewers or water
lines.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.070 PERMIT REQUIRED FOR
CUTTING, TRIMMING AND THE LIKE.

It is unlawful for any person, persons or
corporation to cut down, trim, take up, remove, prune
or injure any trees, shrubs, palms or flowers that are
now planted or grown on any of the public streets,
sidewalks, parkways, lanes, alleys, parks or other
public places of the city, except after procuring a
permit from the office of the Director of Public
Services. A permit fee established by resolution of the Mayor and Common
City Council shall be collected,
except that no fee shall be paid for any work required
by any city department or performed pursuant to a
contract with the city.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.080 APPLICATION FOR PERMIT.

Any person desiring to procure a permit, as
specified in § 12.40.070, shall apply, in writing, to the Director of Public Services, who may require a good
and sufficient bond in such sum as may be fixed by the
Director, conditioned that the applicant will pay the
city all costs and damages resulting from the
removing, trimming, pruning of trees, shrubs or
bushes, and the Director may, in his or her discretion, require the furnishing of a bond or policy of insurance to cover any and all claims for damages to persons or
property resulting from the removal, pruning or
trimming of trees, shrubs or bushes. The Director may
establish other conditions to the permit for protection of persons and property.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-344, passed 2-22-1984)

Packet Page. 1203

Street Trees 61
§ 12.40.090 COMPLIANCE WITH PERMIT.

Upon the issuance of any permit, the applicant
shall comply with each condition of the permit and
shall, at least 18 hours before commencing work,
notify the Director of Public Services to cause a field inspection to be made.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-344, passed 2-22-1984)
§ 12.40.100 COST OF REMOVAL OF TREES.

In the event of a request for the removal of trees
by the Director of Public Services under the provisions of § 12.40.060, 60 days’ notice shall be given on all
trees except palms, and 30 days’ notice shall be given
in the case of palm trees, except when the trees
constitute a hazard. There shall be paid to the city by the person requesting removal a sum to compensate for
the reasonable cost of the removal of the tree or trees, together with a reasonable sum to box, remove,
replant and conserve the tree or trees so removed, if
applicable. Such sums shall be fixed by the Director of Public Services and shall be paid prior to removal.
(Ord. 1655, passed 4-8-1941; Ord. 3016, passed
9-23-1969; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984)
§ 12.40.110 UNLAWFUL ACTS.

It is unlawful for any person to carve or injure the
bark of any tree, shrub, palm or bush that is planted or grown on any of the public streets, sidewalks,
parkways, lanes, alleys, parks or other public places
in the city. It is unlawful for any person to attach any rope, wire or other contrivance to the tree, shrub,
palm or plant; to cause or permit anyone to dig in or
otherwise disturb grass areas in public places, or in
any other way injure or impair the natural beauty or
usefulness of any public area; to cause or permit any
wire charged with electricity to come in contact with
the tree, shrub, palm or plant; to allow any gaseous,
liquid or solid substance which is harmful to the tree, shrub, palm or plant to come in contact therewith.
(Ord. 1655, passed 4-8-1941; Ord. MC-325, passed
12-6-1983; Ord. MC-460, passed 5-15-1985)
§ 12.40.120 HEIGHT OF PLANTS.
(A) It is unlawful for the owner or occupant of
any corner lot in the city to keep, permit or maintain
trees, hedges, shrubs or any growth within the sight
triangle, as shown on the standard drawing(s)
referenced in § 12.30.020, unless the trees, shrubs,
hedges or other growth are trimmed so that the height
of same shall not exceed two and one-half feet above
the pavement at the curb lines of the intersecting
streets, except that trees with main stalks or trunks
exposed to a height of eight feet above the ground
need not be trimmed or cut, unless directed to do so
by the Director of Development Services.
(B) It is unlawful for any owner or occupant of
any premises in the city to permit, keep or maintain
hedges, shrubs or any growth over two feet in height
within a distance of six feet from the property line at any point within six feet of a driveway, except that
trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or
cut, unless the trees are determined to constitute a
sight restriction to the Director of Development
Services.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984; Ord. MC-783, passed
5-6-1991; Ord. MC-1027, passed 9-9-1998)
§ 12.40.130 DUTY OF PROPERTY OWNER
AND ABATEMENT OF NUISANCE.
(A) The owner or occupant described in
§§ 12.40.110 and 12.40.120 and other property
owners fronting any street, sidewalk, parkway, lane,
alley, park or other public place shall water, keep,
maintain and permit trees, hedges, shrubs or any other
growth located thereon in accordance with this chapter
and other ordinances of the city or rules and
regulations of the Director of Public Services.
(B) Any tree, shrub or palm growing on any
parkway or sidewalk which is damaged in violation of
§ 12.40.110 or any growth of any tree, shrub or hedge
or other vegetation which is in excess of the height
limits set forth in § 12.40.120, unless otherwise
permitted by the Traffic Engineer, is declared a public

Packet Page. 1204

San Bernardino - Streets, Sidewalks and Public Places62 nuisance, the removal of which is necessary to protect
the health and safety of the city’s inhabitants. The
Director of Development Services may find and
declare the same to be a public nuisance, may order
abatement thereof in accordance with the procedure set
for abatement pursuant to Chapter 8.30 and may assess
costs for the abatement pursuant to Chapter 3.68.
(Ord. 1655, passed 4-8-1941; Ord. 2273, passed
9-22-1959; Ord. MC-325, passed 12-6-1983; Ord.

MC-344, passed 2-22-1984; Ord. MC-783, passed
5-6-1991; Ord. MC-1027, passed 9-9-1998)
Editor’s note:

Ord. MC-1418, passed 10-5-2015
repealed/deleted Chapter 3.68 and stated that
any remaining provisions of the municipal code
that reference it should now be deemed to
instead reference Chapter 8.30, which it also
amended.
§ 12.40.140 VIOLATION - PENALTY.

Packet Page. 1205

CHAPTER 12.44: OBSTRUCTIONS
Section

12.44.010 Prohibited deposits on street

12.44.020 Depositing salt on streets
unlawful

12.44.030 Streets, sidewalks and crosswalks
to be kept free of obstructions

12.44.040 Draining water on streets
unlawful - penalty

12.44.050 Nuisance

12.44.060 Disposal of dead animals and
rubbish, garbage or filth

12.44.070 Maintenance of premises

12.44.080 Violation of Sections 12.44.040
through 12.44.070 - penalty

12.44.090 Use of sidewalks for display of
goods, wares or merchandise
unlawful

12.44.100 Removal of goods, wares and
merchandise

12.44.110 Projection of signs

12.44.120 Violation of Sections 12.44.090
through 12.44.110 - penalty
Statutory reference:

For provisions authorizing cities to prevent
encroachment and obstruction of city streets,
see Cal. Gov’t Code, § 38775.
§ 12.44.010 PROHIBITED DEPOSITS ON
STREET.

It is unlawful for any person to deposit on any
public street any bottles, broken ware, rubbish, waste
paper, garbage, filth, refuse, dead animals or brine.
(Ord. 821, passed 8-9-1921)
§ 12.44.020 DEPOSITING SALT ON STREETS
UNLAWFUL.

It is unlawful for any person to deposit upon any
paved street within the city any brine, salt, water
containing any salts or any matter which is injurious to such pavement.
(Ord. 821, passed 8-9-1921)
§ 12.44.030 STREETS, SIDEWALKS AND

CROSSWALKS TO BE KEPT FREE OF
OBSTRUCTIONS.
(A) The public streets, sidewalks and crosswalks
of the city, and the stairways, escalators, elevators,
passageways and sidewalks in or surrounding public
malls or buildings owned, operated or maintained by
the city, and the entrances and exits to and from public halls, meeting places and public buildings within the
boundaries of the city, being intended for the
accommodation and convenience of the public, shall be
kept and reserved free from all obstructions,
including, but not limited to, obstructions by human
beings.
(B) It is unlawful for any person to willfully and
maliciously stand or sit in, obstruct or occupy any
public street, sidewalk or crosswalk, or sit, stand in, obstruct or occupy any public stairway, escalator,
elevator, passageway or sidewalk in or immediately
surrounding a public mall or building owned, operated
or maintained by the city, or stand, sit in, occupy or
obstruct the entrance or exit to and from any public
hall, meeting place and public building within the
boundaries of the city, so as in any manner to obstruct the free passage thereon or to hinder, molest or annoy
any person while passing along the same.
(C) Any person who violates any provision of
63 Packet Page. 1206

San Bernardino - Streets, Sidewalks and Public Places64 this section is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 120, passed 9-13-1892; Ord. 3711, passed
3-7-1978; Ord. 3950, passed 7-9-1980; Ord. MC-460,
passed 5-15-1985)
§ 12.44.040 DRAINING WATER ON STREETS
UNLAWFUL - PENALTY.
(A) It is unlawful for any person to drain water
or to permit water to be drained, or to cause or permit water, except rainwater, to flow or escape from his or
her lands onto any public street, alley, way, highway,
park or other public place by any means which results
in damage to the street, alley, way, highway, park or
other public place, or which causes interference with
or damage or hazard to public travel or use. It is
unlawful to place, or cause to be placed, in any street, alley, way, highway, park or other public place any
obstruction which causes interference with, or damage
or hazard to, public travel or use.
(B) Any person who violates any provision of
this section is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 151, passed 1-16-1894; Ord. 2347, passed
3-27-1961; Ord. MC-460, passed 5-15-1985)
§ 12.44.050 NUISANCE.

The existence of anything prohibited by
§ 12.44.040 is a nuisance, and it shall be the duty of
the Marshal or any police officer, or the Director of
Public Services, to immediately abate such nuisance
upon knowledge of its existence.
(Ord. 151, passed 1-16-1894; Ord. MC-344, passed
2-22-1984)
§ 12.44.060 DISPOSAL OF DEAD ANIMALS
AND RUBBISH, GARBAGE OR FILTH.

Whenever any domestic or domesticated animal
is killed or dies within this city, the owner or person having possession, charge or control thereof shall,
immediately after its death, dispose of the dead body
or carcass of such animal so that it shall not become a nuisance or in any way injurious to health, or indecent or offensive to the senses. No person shall throw into
or place or deposit upon any public park, street, alley or other highway or public place, except in such place
or places as may be designated by the proper officer,
any broken ware, rubbish, garbage or filth.
(Ord. 151, passed 1-16-1894)
§ 12.44.070 MAINTENANCE OF PREMISES.

Every owner or occupant of any house or houses,
or other premises in this city, or person having
possession, charge or control thereof, shall keep the
house or houses, or other premises, and the premises
around and about such house or houses, clean of all
filth or anything creating offensive odors or
detrimental to health.
(Ord. 151, passed 1-16-1894)
§ 12.44.080 VIOLATION OF SECTIONS

12.44.040 THROUGH 12.44.070 - PENALTY.

Any person violating any provision of
§§ 12.44.040 through 12.44.070 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 151, passed 1-16-1894; Ord. MC-460, passed
5-15-1985)
§ 12.44.090 USE OF SIDEWALKS FOR

DISPLAY OF GOODS, WARES OR
MERCHANDISE UNLAWFUL.

It is unlawful for any person, firm or corporation
to use or make use of the public sidewalks of the city
for the display of goods, wares or merchandise or to
leave or permit to remain upon any portion of the
public streets of the city any goods, wares,
merchandise, boxes, barrels, cases, packages, trucks
or such other objects or things as will obstruct or
prevent the free use and passage thereon.
(Ord. 475, passed 2-13-1912)

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Obstructions 65
§ 12.44.100 REMOVAL OF GOODS, WARES
AND MERCHANDISE.

Goods, wares and merchandise delivered or
received upon the public sidewalks of the city shall
immediately be taken or removed therefrom by the
owner or person in charge thereof; provided that
goods, wares or merchandise received in bulk or
packages of such size or weight that the same cannot
be immediately removed, as aforesaid, the owner or
person in charge thereof shall remove or cause the
same to be removed within four hours from the time of
delivery thereof; and provided, further, that pending
such removal of such goods, wares or merchandise,
the same shall occupy the outer edge or space of the
sidewalk, the inner line of such space shall be parallel with the curb line and not more than three feet distant therefrom.
(Ord. 475, passed 2-13-1912)
§ 12.44.110 PROJECTION OF SIGNS.

No provision of §§ 12.44.090 through 12.44.120
shall be construed to prohibit the projection of signs
over public property in conformity with Ords. 1991
(Title 19, Zoning) (now replaced) and 2623 (Chapter

16.04) or other ordinances and laws in effect in the
city.
(Ord. 475, passed 2-13-1912; Ord. 2997, passed
7-1-1969)
§ 12.44.120 VIOLATION OF SECTIONS

12.44.090 THROUGH 12.44.110 - PENALTY.

Any person violating any provision of
§§ 12.44.090 through 12.44.110 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with § 1.12.010.
(Ord. 475, passed 2-13-1912; Ord. MC-460, passed
5-15-1985)

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San Bernardino - Streets, Sidewalks and Public Places66

Packet Page. 1209

CHAPTER 12.48: BRIDGES
Section

12.48.010 Driving animals over bridge -
restrictions - violation and
penalty

12.48.020 Unlawful placement of bridges

12.48.030 Notice to remove bridges

12.48.040 Duty to remove bridge

12.48.050 Violation of Sections 12.48.020
through 12.48.040 - penalty
§ 12.48.010 DRIVING ANIMALS OVER

BRIDGE - RESTRICTIONS - VIOLATION AND
PENALTY.
(A) It is not lawful to drive, lead or conduct any
cattle, horses, mules, sheep, goats or hogs, or, in any manner, cause any such animals to go across or upon
any bridge in or upon any of the streets, avenues or
highways in this city, in any greater number than 25
head of cattle, horses or mules, or 50 sheep, goats or
hogs, at one time.
(B) Any person violating division (A) above is
guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 122, passed 9-27-1892; Ord. MC-460, passed
5-15-1985)
§ 12.48.020 UNLAWFUL PLACEMENT OF
BRIDGES.

It is unlawful for any person to place, or cause to
be placed, or to keep and maintain, any bridge or
crossing over and across the gutter along either side of any paved or macadamized street in the city.
(Ord. 111, passed 5-17-1892)
§ 12.48.030 NOTICE TO REMOVE BRIDGES.

It shall be the duty of the Director of Public
Services to notify any person maintaining any such
bridge or crossing to have the same removed within
ten days from the date of such notice and to cut down
the curb and slope the sidewalk so as to permit the
easy passage of vehicles, should any such passage be
required for access to private property.
(Ord. 111, passed 5-17-1892; Ord. MC-344, passed
2-22-1984)
§ 12.48.040 DUTY TO REMOVE BRIDGE.

Upon receiving such notice from the Director of
Public Services, it shall be the duty of the person
receiving the same to at once comply with the
provisions of § 12.48.030.
(Ord. 111, passed 5-17-1892; Ord. MC-344, passed
2-22-1984)
§ 12.48.050 VIOLATION OF SECTIONS

12.48.020 THROUGH 12.48.040 - PENALTY.

Any person violating any provision of
§§ 12.48.020 through 12.48.040 is guilty of an
infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. 111, passed 5-17-1892; Ord. MC-460, passed
5-15-1985)
67 Packet Page. 1210

San Bernardino - Streets, Sidewalks and Public Places68

Packet Page. 1211

CHAPTER 12.52: FIRE HYDRANTS
Section

12.52.010 Persons authorized to use
hydrants - prohibited acts

12.52.020 Parking vehicles near hydrant

12.52.030 Distance poles and wires to be
kept from hydrant

12.52.040 Violation - penalty
§ 12.52.010 PERSONS AUTHORIZED TO USE
HYDRANTS - PROHIBITED ACTS.

It is unlawful for any person, except members of
the City Fire Department, to use any fire hydrant in
the city or to interfere with, tamper with or in any way molest any fire hydrant in the city except through
special permission of the City Fire Chief and ratified
by the Superintendent of the City Municipal Water
Department.
(Ord. 821, passed 8-9-1921; Ord. 1263, passed
12-8-1925)
§ 12.52.020 PARKING VEHICLES NEAR
HYDRANT.

It is unlawful for any person to hitch or leave
standing any carriage, wagon, horse, truck,
automobile, motorcycle, bicycle or any other such
vehicle or animal within 15 feet of any fire hydrant
within the city.
(Ord. 562, passed 4-6-1914)
§ 12.52.030 DISTANCE POLES AND WIRES
TO BE KEPT FROM HYDRANT.

It is unlawful for any person, firm or corporation
to place or erect any pole to carry or support electric, telephone or telegraph wires, or other similar devices, within five feet of any fire hydrant within the city.
(Ord. 562, passed 4-6-1914)
§ 12.52.040 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 562, passed 4-6-1914; Ord. MC-460, passed
5-15-1985)
69 Packet Page. 1212

San Bernardino - Streets, Sidewalks and Public Places70

Packet Page. 1213

CHAPTER 12.56: PARADES
(Repealed by Ord. MC-1414, passed 7-6-2015)
Statutory reference:

For authority for cities to regulate or prohibit processions or assemblages on the highways, see Cal. Vehicle Code, § 21100.
71 Packet Page. 1214

San Bernardino - Streets, Sidewalks and Public Places72

Packet Page. 1215

CHAPTER 12.60: VENDING NEAR PUBLIC SCHOOLS
Section

12.60.010 Distance from public schools

12.60.020 Violation - penalty
§ 12.60.010 DISTANCE FROM PUBLIC
SCHOOLS.

It is unlawful for any person, firm or corporation
to vend, sell or give away ice cream, ices,
cornucopias, candy or soda-water from vehicles upon
the public streets of the city within 12,000 feet of any public school house, except on Saturdays and Sundays.
(Ord. 614, passed 11-1-1915)
§ 12.60.020 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 614, passed 11-1-1915; Ord. MC-460, passed
5-15-1985)
73 Packet Page. 1216

San Bernardino - Streets, Sidewalks and Public Places74

Packet Page. 1217

CHAPTER 12.64: MOTION PICTURE AND TELEVISION PRODUCTION PERMITS (Repealed by Ord. MC-1414, passed 7-6-2015)
75 Packet Page. 1218

San Bernardino - Streets, Sidewalks and Public Places76

Packet Page. 1219

CHAPTER 12.68: PARK AND SCHOOL GROUNDS
Section

12.68.010 Operation of vehicles in
designated areas only

12.68.020 Hours of use

12.68.030 Violation - penalty
Statutory reference:

For provisions on municipal regulation of parks,
see Cal. Public Resources Code,
§§ 5181 et seq.
§ 12.68.010 OPERATION OF VEHICLES IN
DESIGNATED AREAS ONLY.

It is unlawful for any person to operate, drive or
ride a bicycle, unicycle, tricycle, motorcycle, horse or any other animal in any public park or on school
grounds except in areas designated and posted
specifically for such use.
(Ord. 295, passed 12-15-1903; Ord. 3455, passed
11-5-1974; Ord. MC-460, passed 5-15-1985)
§ 12.68.020 HOURS OF USE.
(A) During the months of January, February,
March, October, November and December of each
and every year, it is unlawful for any person to be or
remain in any public park between the hours of 6:00
p.m. of any day to 6:00 a.m. of the succeeding day,
except upon written approval of the Director of Parks,
Recreation and Community Services or the Mayor and
Common
City Council. During the months of April,
May, June, July, August and September of each and
every year, it is unlawful for any person to be or
remain in any public park between the hours of 8:00
p.m. of any day to 6:00 a.m. of the succeeding day,
except upon written approval of the Director of Parks,
Recreation and Community Services or the Mayor and
Common
City Council. Notwithstanding the provisions
of the first two sentences herein, person(s) who are
utilizing the lighted activity portions of the public park for those intended lighted activities (including the time necessary to go to and from the intended lighted
activities), when no such written approval is required
for such intended lighted activities, may remain in the public park until the hour of 10:00 p.m., but thereafter it is unlawful for any such person(s) to be or remain in any public park between the hours of 10:00 p.m. of
any day to 6:00 a.m. of the succeeding day.
(B) This section shall not be applicable to any
person who is present in the park performing duties
relating to employment by the city.
(C) The Chief of Police, or his or her designee,
shall be authorized to close any city park whenever, in his or her best judgment, it is necessary for the health, safety and welfare of the community. It is unlawful for any person to be or remain in any public park after
having been informed that such park has been closed
by order of the Chief of Police, or his or her designee. (Ord. 295, passed 12-15-1903; Ord. 3455, passed
11-5-1974; Ord. 3698, passed 12-21-1977; Ord. 3868,
passed 9-18-1979; Ord. MC-460, passed 5-15-1985;
Ord. MC-1152, passed 10-8-2003)
§ 12.68.030 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 295, passed 12-15-1903; Ord. MC-460, passed
5-15-1985)
77 Packet Page. 1220

San Bernardino - Streets, Sidewalks and Public Places78

Packet Page. 1221

CHAPTER 12.72: CLOCKS
Section

12.72.010 Permit - required for clocks
overhanging public streets

12.72.020 Application for permit

12.72.030 Termination of permit for cause

12.72.040 Clocks to indicate correct time

12.72.050 Violation - penalty
§ 12.72.010 PERMIT - REQUIRED FOR
CLOCKS OVERHANGING PUBLIC STREETS.

It is unlawful for anyone to install, erect,
maintain or operate a clock or device which tells or
indicates the time upon or overhanging the public
streets of the city without first obtaining a permit from the Common
City Council.
(Ord. 1739, passed 4-12-1945)
§ 12.72.020 APPLICATION FOR PERMIT.

Any person so desiring to procure a permit to
erect, install, maintain or operate a clock or device to tell or indicate the time shall make written application to the Mayor and Common
City Council stating therein
the name or make of the clock or device; the plan or
manner in which the clock or device is to be erected,
installed, maintained or operated; the amount of
advertising matter to be displayed thereon or in
connection therewith; and such other information as
the Council may, from time to time, desire.
(Ord. 1739, passed 4-12-1945)
§ 12.72.030 TERMINATION OF PERMIT FOR
CAUSE.

The permit so issued may be terminated, at any
time, by the Mayor and Common
City Council upon
the following grounds:
(A) The clock or device has not been installed,
erected, maintained or operated in accordance with the
permit granted;
(B) The clock or device is or has been
maintained for a period of 30 days in such condition
that it does not show, indicate or tell the correct time; and
(C) It is necessary or advantageous that public or
private improvements be made upon the streets which
necessitate or render it advantageous that the clock or device be removed.
(Ord. 1739, passed 4-12-1945)
§ 12.72.040 CLOCKS TO INDICATE
CORRECT TIME.

It is unlawful for anyone to permit, maintain,
operate or own a clock or device which does not tell,
indicate or show the correct time and which has been
erected or installed upon the public streets of the city or which overhangs the public streets; provided that
the face of any clock or device may be covered during
the period necessary for repairs but not to exceed a
period of 30 days without permission of the Mayor and
Common
City Council.
(Ord. 1739, passed 4-12-1945)
§ 12.72.050 VIOLATION - PENALTY.

Any person, firm or corporation violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. 1739, passed 4-12-1945; Ord. MC-460, passed
5-15-1985)
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Packet Page. 1223

CHAPTER 12.76: SECCOMBE LAKE PARK
Section

12.76.010 Change of name

12.76.020 Swimming in lake unlawful

12.76.030 Operation of boats by permission
only

12.76.040 Ducks, geese and fowl to be left
unharmed

12.76.045 Fishing unlawful

12.76.050 Violation - penalty
§ 12.76.010 CHANGE OF NAME.

On and after August 28, 1967, Inland Lake Park
shall be known as Seccombe Lake Park and the lake
situated therein shall be known as Seccombe Lake.
(Ord. 1761, passed 5-25-1946; Ord. 2844, passed
8-29-1967)
§ 12.76.020 SWIMMING IN LAKE
UNLAWFUL.

It is unlawful for anyone to swim or bathe in the
lake situated in Seccombe Lake Park in the city.
(Ord. 1761, passed 5-25-1946)
§ 12.76.030 OPERATION OF BOATS BY
PERMISSION ONLY.

It is unlawful for anyone to paddle, row, pole or
in any way launch, operate or propel a boat, canoe,
raft or any floating conveyance upon the lake situated
in Seccombe Lake Park in the city, except with the
permission of, and subject to any regulations that may
be imposed by, the Common
City Council.
(Ord. 1761, passed 5-25-1946; Ord. 2700, passed
11-2-1965)
§ 12.76.040 DUCKS, GEESE AND FOWL TO
BE LEFT UNHARMED.

It is unlawful for anyone to kill, maim or injure,
in any way, any duck, goose or any fowl kept,
maintained or situated in Seccombe Lake Park in the
city.
(Ord. 1761, passed 5-25-1946)
§ 12.76.045 FISHING UNLAWFUL.

It is unlawful for anyone to fish on the lake
except in designated areas and subject to any
regulations imposed by the California Fish and Game
Laws and to any regulation that may be imposed by
the Common
City Council.
(Ord. MC-489, passed 1-8-1986)
Statutory reference:

California Fish and Game Laws, see Cal. Fish
and Game Code, §§ 1 et seq. and Cal. Code
of Regulations, Title 14
§ 12.76.050 VIOLATION - PENALTY.

Any person violating any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 1761, passed 5-25-1946; Ord. MC-460, passed
5-15-1985)
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Packet Page. 1225

CHAPTER 12.80: PUBLIC PARKS AND RECREATIONAL FACILITIES Section

12.80.010 Short title

12.80.020 Definitions

12.80.030 Use of parks and buildings
exclusive

12.80.040 Permit - required

12.80.050 Park and recreation sponsored
classes - permit required

12.80.055 Consumption of alcohol in a
public park - permit required

12.80.060 Application for permit

12.80.070 Issuance of permit

12.80.080 Denial of permit

12.80.090 Right of appeal of denial of
permit or conditions imposed on
issuance of permit

12.80.100 Fees and deposits

12.80.110 Liability

12.80.120 Displays and sales

12.80.130 Park regulations

12.80.140 Violation - penalty
§ 12.80.010 SHORT TITLE.

The ordinance codified in this chapter shall be
known as the “Parks and Recreation Ordinance.”
(Ord. 3326, passed 1-3-1973)
§ 12.80.020 DEFINITIONS.

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

AMPLIFIED SOUND. Speech or music,
projected or transmitted by electronic equipment,
including amplifiers, loudspeakers, microphones, bull
horns or similar devices which are intended to increase the volume, range, distance or intensity of speech or
music and are powered by electricity, battery or
combustible fuel.

BUILDING. Any building, or portion thereof,
under the supervision of the City Parks and Recreation
Department.

DIRECTOR. The Director of the Department of
Parks and Recreation.

INLINE SKATES. Skates which are attached to
a boot, shoe or other footwear to be worn by the
skater.

PARK. All grounds, roadways, avenues, park
facilities, municipal parks and playground areas, or
portions thereof, under the supervision of the Parks
and Recreation Department.

PERMIT. A permit for exclusive use of any park
or building, or portions thereof, as provided for in this chapter.

PERSON. Persons, groups, associations,
partnerships, firms or corporations unless the context
in which such word is used indicates the singular word
person was intended.
(Ord. 3326, passed 1-3-1973; Ord. MC-1185, passed
10-5-2004)
§ 12.80.030 USE OF PARKS AND BUILDINGS
EXCLUSIVE.

The city’s public parks and buildings, or portions
thereof, may be made available for the exclusive use
of persons subject to the issuance of a permit by the
Director as provided for in this chapter.
(Ord. 3326, passed 1-3-1973)
83 Packet Page. 1226

San Bernardino - Streets, Sidewalks and Public Places84 § 12.80.040 PERMIT - REQUIRED.
(A) For any private groups of persons using a
public park that have fewer than 25, no permit is
required.
(B) It is unlawful for any group of persons, firm
or corporation, society or organization which
anticipates an attendance of more than 25 to conduct
any picnic, celebration, parade, service or exercise in any public park or building or use any park facility,
without first obtaining a written permit from the
Director as provided for in this chapter.
(C) It is unlawful for any group of persons, firm
or corporation, society or organization which
anticipates an attendance of more than 100 to conduct
any picnic, celebration, parade, service or exercise in any public park or building or use any park facility,
without first obtaining a special event permit pursuant to § 19.70.036.
(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed
5-15-1985; Ord. MC-1414, passed 7-6-2015)
§ 12.80.050 PARK AND RECREATION

SPONSORED CLASSES - PERMIT
REQUIRED.

It is unlawful for any person, firm, corporation,
society or organization to hold classes, courses of
instruction or any activity where a fee or any form of
compensation is charged or anything of value is
obtained in a park or building, except in accordance
with a written permit issued by the Director for such
classes, courses of instruction or activity sponsored by or approved by the Department of Parks and
Recreation pursuant to the provisions of this chapter.
(Ord. 3326, passed 1-3-1973; Ord. 3525, passed
9-10-1975; Ord. MC-460, passed 5-15-1985)
§ 12.80.055 CONSUMPTION OF ALCOHOL IN
A PUBLIC PARK - PERMIT REQUIRED.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.060 APPLICATION FOR PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.070 ISSUANCE OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.080 DENIAL OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.090 RIGHT OF APPEAL OF DENIAL

OF PERMIT OR CONDITIONS IMPOSED ON
ISSUANCE OF PERMIT.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.100 FEES AND DEPOSITS.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.110 LIABILITY.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.120 DISPLAYS AND SALES.
[Reserved]
(Repealed by Ord. MC-1414, passed 7-6-2015)
§ 12.80.130 PARK REGULATIONS.

Within the limits of any public park or
playground in or upon any facility or building located
therein and owned or controlled by the city, it is

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Public Parks and Recreational Facilities 85
unlawful for any person to:
(A) Cause the amplification of sound exceeding
25 watts total output from all channels of equipment
used except pursuant to an exclusive use permit issued
under this chapter and subject to the following
conditions.
(1) The location of any bandstand and the
position of each loudspeaker shall be as specified by
the Director so as to allow the least amount of
amplified sound to be audible in any adjacent
residential neighborhoods.
(2) Amplified sound shall not exceed 95
decibels (“dba”) at a point 50 feet in front of the
center point of the distance between loudspeaker
installations.
(B) Play or practice golf or use golf clubs in any
area not designated for such use;
(C) Operate any motor-driven model airplane
except in areas designated for such use;
(D) Operate or park any motor vehicle, as
defined in the California Vehicle Code within a park,
except upon areas designated for such use;
(E) Operate, drive or ride upon any bicycle,
unicycle, tricycle, horse or any other animal in any
park except in areas designated and posted specifically for such use;
(F) Leave any garbage, trash, cans, bottles,
papers or other refuse elsewhere than in the receptacle provided therefor;
(G) Use or attempt to use or interfere with the
use of any table, space of facility which at the time is reserved for any other person or group which has
received a permit from the Director for the use
thereof;
(H) Discharge or shoot any firearm, air gun,
slingshot or bow and arrow except at places designated
and posted specifically for such purposes;
(I) Dig, remove, destroy, injure, mutilate or cut
any tree, plant, shrub, bloom or flower, or any portion thereof, except a duly authorized city employee in the
performance of his or her duty;
(J) Remove any wood, turf, grass, soil, rock,
sand or gravel from any park except a duly authorized
city employee in the performance of his or her duty;
(K) Cut, break, deface or disturb any rock,
building, cage, pen, monument, sign, fence, structure,
apparatus, equipment or property except a duly
authorized city employee in the performance of his or
her duty;
(L) Light or maintain any fire unless such fire is
lighted and maintained only in a stove or fire circle or place provided for such purpose;
(M) Throw rocks and waste matter in
unauthorized places;
(N) Bathe or wade in or otherwise pollute the
waters of any pond, stream, lake or pool unless
wading or bathing are allowed in designated streams or
pools or portions thereof;
(O) Frighten, chase, set snare for, catch, injure
or destroy any wild quadrupeds or birds; or destroy,
remove or disturb any of the young or eggs of the
same; or to injure or maltreat any domestic or other
animals;
(P) Camp, lodge or tarry overnight unless there
are set aside certain places for this purpose; the
provisions of § 12.68.020 regulating loitering and
tarrying in any public park is adopted by reference;
(Q) Indulge in riotous, boisterous or indecent
conduct; and no noisy, disorderly or offensive person
shall be allowed within the park; the provisions of
Chapter 9.32 prohibiting any person from drinking
alcoholic beverages in a public place is adopted by
reference;
(R) Roller skate or bicycle upon tennis courts in
any public park within the city;
(S) Enter any toilet facility designated for the use
of female persons within any public park or go into the

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San Bernardino - Streets, Sidewalks and Public Places86 vault of or be within such toilet facility, excepting
therefrom females, boys under the age of six years and
park employees while acting within the scope of their
duties of cleaning or repairing the toilets; or cut,
deface or make any writing or marking on the walls of
any toilet facility or structure within any public park; (T) (1) Skateboard or inline skate at a city
owned skateboard park without wearing a helmet,
elbow pads and knee pads;

(2) Use this facility for skateboarding or
inline skating if under the age of 14 years without
being supervised by an adult;
(3) Use any other equipment other than
skateboards or inline skates at this facility;
(4) Skateboard or inline skate during rain or
wet conditions at this facility; and/or
(5) If not an adult supervising someone
under the age of 14 years, enter (by passing through
the entrance/fence) or remain in the skateboard park
while not actively skating at all times.
(U) To smoke or engage in the act of smoking in
any public park in violation of § 8.73.050.
(Ord. 3326, passed 1-3-1973; Ord. 3643, passed
5-25-1977; Ord. MC-460, passed 5-15-1985; Ord.

MC-1170, passed 3-18-2004; Ord. MC-1171, passed
4-6-2004; Ord. MC-1180, passed 9-9-2004; Ord.

MC-1319, passed 11-16-2009)
§ 12.80.140 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of this chapter
is guilty of a misdemeanor, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 3326, passed 1-3-1973; Ord. MC-460, passed
5-15-1985)

Packet Page. 1229

CHAPTER 12.84: OFF-STREET PUBLIC PARKING
Section
Article I. General Provisions

12.84.010 Citation

12.84.020 Findings and general statement

12.84.030 Chapter not exclusive

12.84.040 Initiation of proceedings

12.84.050 Determination that public
convenience and necessity
require improvements and
acquisitions

12.84.060 Preliminary determination of
necessity

12.84.070 Notice of hearing

12.84.080 Objections

12.84.090 Final determination of necessity

12.84.100 Modification

12.84.110 Council findings and
determinations are final and
conclusive

12.84.120 Applicability of findings

12.84.130 Proceedings undertaken without
compliance with investigation -
finality of order of Mayor and
Common
City Council

12.84.140 General provisions

12.84.150 City may take action without
petition

12.84.160 Resolution setting forth majority
protest

12.84.170 Parking places not necessarily in
parking district

12.84.180 No specific time limit between
acts

12.84.190 Publication of notice

12.84.200 Use of resolution

12.84.210 Assessment upon public property

12.84.220 When bonds may be issued

12.84.230 Payment of bonds

12.84.240 Registration and redemption of
bonds

12.84.250 Issuance of bonds in different
divisions

12.84.260 Bids for bonds - sale to highest
responsible bidder - rejection of
bids - re-advertisement - private
sale - use of proceeds

12.84.270 Bonds - additional sources of
payment

12.84.280 Rental of facilities

12.84.290 Incidental use

12.84.300 Disposition of property

12.84.310 Other procedures

12.84.320 Assessment without bonds
Article II. Procedural Alternative I

12.84.330 Generally

12.84.340 Two parking districts

12.84.350 Administration

12.84.360 Additional collection provision

12.84.370 Tax levy
Article III. Procedural Alternative II

12.84.380 Generally

12.84.390 Findings of majority protest

12.84.400 Maturity of bonds

12.84.410 Annual assessments

12.84.420 Enlargement of district

12.84.430 Additional parking place pledge
87 Packet Page. 1230

San Bernardino - Streets, Sidewalks and Public Places88

12.84.440 Mayor and Common City Council
as Parking Place Commission

12.84.450 Provision for residential property
Article IV. Procedural Alternative III

12.84.460 Generally

12.84.470 Contents of resolution - intention
to form district

12.84.480 Resolution - purpose of debt -
amount - property taxable to pay
debt

12.84.490 Division of district into zones

12.84.500 Resolution - description of
improvement map of district -
availability for inspection

12.84.510 Resolution - time and place of
hearing - who may be heard

12.84.520 Notice of hearing - publication -
posting - mailing

12.84.530 Hearing - time and place - who
may appear - continuance

12.84.540 Change in purpose of bond and
amount

12.84.550 Notice of intention to make
change - publication - posting -
contents

12.84.560 Hearing on change - who may
appear - continuance

12.84.570 Protests by holders of title to
one-half of value of taxable
property - resolution of necessity
to incur debt - contents

12.84.580 Disapproval of formation
resolution for determination of no
benefit

12.84.590 Effective date of improvement
district - effect of determinations
in resolution

12.84.600 Effect of formation on bond
proceedings and tax levy

12.84.610 Issuance of bonds by resolution

12.84.620 Series of bonds - different
maturity dates - maximum term
of series

12.84.630 Form of bonds and coupons -
time of principal payments

12.84.640 Interest rate - payment dates

12.84.650 Call and redemption before
maturity - provision in bond

12.84.660 Denomination

12.84.670 Place of payment

12.84.680 Form of bonds - date - number -
signing and countersigning - seal
- mechanical reproduction of
signatures

12.84.690 Bonds of improvement districts -
statement of limitation on levy

12.84.700 Payment of proceeds into City
Treasury - special improvement
funds - expenditure for purpose
of debt - application of surplus on
accomplishment of purpose

12.84.710 Interest paid from bond proceeds
- maximum limitation

12.84.720 Bonds - payment of principal and
interest

12.84.730 Annual assessments

12.84.740 Exemption of residential property
Article V. Procedural Alternative IV

12.84.750 Generally

12.84.760 Issuance of bonds

12.84.770 Remedies for collection
Article VI. Procedural Alternative V

12.84.780 Generally

12.84.790 Issuance of bonds
ARTICLE I. GENERAL PROVISIONS
§ 12.84.010 CITATION.

The ordinance codified in this chapter may be
cited as the “San Bernardino Off-Street Public Parking

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Off-Street Public Parking 89
Improvement and Finance, Procedural Ordinance”
(sometimes referred to as “Off-Street Parking
Ordinance”).
(Ord. 3589, passed 7-6-1976)
§ 12.84.020 FINDINGS AND GENERAL
STATEMENT.
(A) The Mayor and Common
City Council find
that, in order to provide an orderly procedure for the
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places, issuance and payment of
bonds to pay the cost thereof; the making of
contributions therefor; and the making of covenants
and agreements with the bond holders for the security
and payment of such bonds, it is necessary for the city to exercise the powers it has by virtue of being a home rule city and to provide such a procedure. As used in
this chapter, PARKING PLACES includes public
parking lots, garages, buildings and other
improvements for the parking of motor vehicles. The
procedure provided for in this chapter is to be an
alternative to any others provided by, under or
pursuant to the City Charter or the general laws of the state.
(B) In addition to matters specified elsewhere in
this chapter, the city is authorized to perform the acts authorized by the procedural alternatives, including,
without limitation, the following:
(1) Acquire, by condemnation, purchase,
gift, lease or any other means, property necessary or
convenient for use as parking places, including any
property necessary or convenient for the opening,
widening, straightening or extending of streets or
alleys necessary or convenient for ingress to or egress from any parking place;
(2) Improve any property by the
construction thereon of garages, buildings or other
improvements necessary or convenient for parking
purposes;
(3) Improve parking places and any
property necessary or convenient for ingress to or
egress from parking places;
(4) Administer, maintain, operate and
repair parking places or provide therefor;
(5) Collect fees or charges to pay all or any
part of the cost of improving, repairing, maintaining
and operating parking places and of acquiring and
improving additional parking places;
(6) Levy taxes to pay all or any part of the
cost of improving, repairing, maintaining and
operating parking places and of acquiring and
improving additional parking places;
(7) Employ engineers, attorneys and other
persons necessary or convenient for the doing of any
act authorized by this chapter; and
(8) Do all acts and things necessary or
convenient for the accomplishment of the purposes of
this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.030 CHAPTER NOT EXCLUSIVE.

This chapter is not exclusive. The Mayor and
Common
City Council shall have the power to provide
other procedures or to follow parking place or district procedures now or hereafter provided by general law;
provided, however, that whenever the city is acting
pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in
conflict with any of the provisions of said laws.
(Ord. 3589, passed 7-6-1976)
§ 12.84.040 INITIATION OF PROCEEDINGS.

Whenever the Mayor and Common
City Council
deem it necessary to provide public off-street parking
places under and pursuant to this chapter, the Mayor
and Common
City Council shall, by resolution, declare

Packet Page. 1232

San Bernardino - Streets, Sidewalks and Public Places90 their intention to proceed and shall describe, in general terms, the procedural alternative they intend to follow; the proposed improvements or acquisitions involved;
the estimated costs of the improvements or acquisitions involved; and the maximum amount of bonds, if any,
to be issued to finance the improvements or
acquisitions. The requirement of a resolution as
provided for in this section may be satisfied by the
adoption of the resolution provided for in §§

12.84.050 through 12.84.130.
(Ord. 3589, passed 7-6-1976)
§ 12.84.050 DETERMINATION THAT PUBLIC

CONVENIENCE AND NECESSITY REQUIRE
IMPROVEMENTS AND ACQUISITIONS.

Before ordering any acquisitions or improvements
or both, or the creation of any district pursuant to this chapter, where the costs of the acquisitions or
improvements are to be paid in whole or in part by
special assessment or other special assessment taxes
upon property, whether the special assessment will be
specific or a special assessment tax upon property
wholly or partially according to the assessed value of
such property, the Mayor and Common
City Council
shall find that the public convenience and necessity
require such acquisitions or improvements or both, in
the manner provided in § 19, Article XVI of the
California Constitution.
(Ord. 3589, passed 7-6-1976)
§ 12.84.060 PRELIMINARY
DETERMINATION OF NECESSITY.

A resolution of preliminary determination shall be
adopted, describing, in general terms, the intention to proceed under this chapter, the procedural alternative
to be followed; the proposed improvements or
acquisitions involved; the estimated costs of such
improvements or acquisitions; whether the assessment
is to be levied on all real property or on land only; the amount, based upon the estimated costs, to be assessed
against each particular parcel; the maximum amount of
bonds, if any, to be issued to finance the proposed
improvements or acquisitions. The resolution shall also state that any person interested may file a protest in
writing with the City Clerk containing therein a
description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied by written evidence that such signers are
the owners of such property. The resolution shall also
set a time and place when and where any and all
persons interested may appear and show cause, if they
have any, why the Mayor and Common
City Council
should not find and determine that the public
convenience and necessity require the formation of the
proposed improvement district and the proposed
acquisitions or improvements without compliance with
the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, sometimes referred to in
this chapter as “Investigation Act.”
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.070 NOTICE OF HEARING.

The resolution shall contain a notice of the time
and place of hearing. Notice of the hearing shall be
given by publishing a copy of the resolution of
preliminary determination once at least 15 days prior
to the time fixed for the hearing in a newspaper of
general circulation published in the city. Such notice
shall also be given by posting a copy of the resolution of preliminary determination in three public places
within the proposed improvement district at least 15
days before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real
property or land, as the case may be, within the
proposed improvement district as such ownership is
shown on the last equalized county assessment roll.

The City Clerk shall cause all the above notices to be
given.
(Ord. 3589, passed 7-6-1976)

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Off-Street Public Parking 91
§ 12.84.080 OBJECTIONS.

At the time and place fixed for the hearing and so
noticed, any person interested may object to
undertaking the proceedings without first complying
with the provisions of the Investigation Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.090 FINAL DETERMINATION OF
NECESSITY.

If no protests are made, or if the protests have
been heard and overruled, the Mayor and
Common
City Council may adopt a resolution finding
and determining that the public convenience and
necessity require the proposed improvements and/or
acquisitions, and that the Investigation Act shall not
apply. The finding may be incorporated in the
resolution ordering the improvement and/or
acquisition.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.100 MODIFICATION.

When proceedings are had for a change and
modification, the reso lution of preliminary
determination to change and modify shall be deemed
a resolution of preliminary determination and the
resolution ordering the change and modifications shall
be deemed a resolution determining the convenience
and necessity as to the changes and modifications.
(Ord. 3589, passed 7-6-1976)
§ 12.84.110 COUNCIL FINDINGS AND

DETERMINATIONS ARE FINAL AND
CONCLUSIVE.

The resolution determining the convenience and
necessity shall be adopted by the affirmative vote of
four-fifths of the members of the Common
City
Council and its findings and determinations shall be
final and conclusive.
(Ord. 3589, passed 7-6-1976)
§ 12.84.120 APPLICABILITY OF FINDINGS.

Sections 12.84.050 through 12.84.130 shall not
apply when investigation proceedings have been
avoided or taken pursuant to the Investigation Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.130 PROCEEDINGS UNDERTAKEN

WITHOUT COMPLIANCE WITH

INVESTIGATION - FINALITY OF ORDER OF

MAYOR AND COMMON
CITY COUNCIL.

Where proceedings for any improvements and/or
acquisitions or any part thereof have been undertaken
without compliance with the Investigation Act or
without proceedings under §§ 12.84.050 through

12.84.130, proceedings may thereafter be had under
§§ 12.84.050 through 12.84.130, with reference
thereto, and the order of the Mayor and Common
City
Council determining convenience and necessity therein
shall be final and conclusive.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.84.140 GENERAL PROVISIONS.

The general provisions set forth in §§ 12.84.150
through 12.84.320 shall apply to all proceedings taken
under this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.150 CITY MAY TAKE ACTION

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San Bernardino - Streets, Sidewalks and Public Places92 WITHOUT PETITION.

The city may prepare a report, adopt a resolution
of intention, form a parking district or take any other action to provide public off-street parking places
without any petition therefor.
(Ord. 3589, passed 7-6-1976)
§ 12.84.160 RESOLUTION SETTING FORTH
MAJORITY PROTEST.

The Mayor and Common
City Council, in their
discretion, may set forth in a resolution the basis for determining the existence of a majority protest, which
may include, but shall not be limited to, land area,
assessed valuation of real property, assessed valuation of land only or the number of property owners.
(Ord. 3589, passed 7-6-1976)
§ 12.84.170 PARKING PLACES NOT
NECESSARILY IN PARKING DISTRICT.

When a parking district is formed, it shall not be
necessary for all parking places to be located within
the parking district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.180 NO SPECIFIC TIME LIMIT
BETWEEN ACTS.

It shall not be necessary for any specified time to
elapse between the performance of acts except as
otherwise required by this chapter.
(Ord. 3589, passed 7-6-1976)
§ 12.84.190 PUBLICATION OF NOTICE.

The first publication and the mailing of any
resolution or notice shall be not later than 15 days
before the day fixed therein for hearing or other act.
(Ord. 3589, passed 7-6-1976)
§ 12.84.200 USE OF RESOLUTION.

The Mayor and Common
City Council may act,
by resolution, where an ordinance is provided except
as provided in §§ 12.84.710 and 12.84.720.
(Ord. 3589, passed 7-6-1976)
§ 12.84.210 ASSESSMENT UPON PUBLIC
PROPERTY.

Whenever proceedings are to be undertaken in
accordance with Procedural Alternatives I, II or III,
the Mayor and Common
City Council may provide, in
the resolution of intention, that any real property
belonging to any county, city, public agency, school
board, educational, penal or reform institution or
institution for the feebleminded or the insane
those with
psychotic disorders or mental disorders shall be
assessed in accordance with the provisions of the Cal.

Streets and Highways Code, §§ 5300 through 5325,
inclusive, as the same now appear or are hereafter
amended.
(Ord. 3589, passed 7-6-1976)
§ 12.84.220 WHEN BONDS MAY BE ISSUED.

Bonds may be issued at such time or times as the
Mayor and Common
City Council, in their discretion,
by resolution, determine, including, but not limited to, before contracting or obtaining options for the
purchase of land, property or rights-of-way to be
acquired, or obtaining a judgment in eminent domain
for the acquisition thereof.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.230 PAYMENT OF BONDS.

Any bonds issued in accordance with Procedural
Alternatives I, II or III, the interest thereon and

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Off-Street Public Parking 93
premium, if any, shall be payable from assessments
levied, as determined by the Mayor and CommonCity
Council, upon land only or upon all real property
within the district. The resolution of intention shall
state the basis upon which the assessment is to be
levied.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.240 REGISTRATION AND
REDEMPTION OF BONDS.

The Mayor and Common
City Council shall, by
resolution, prescribe the form of the bonds and of the
coupons attached thereto, the conversion and
registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall
become due and payable. The Mayor and
Common
City Council may provide for the call and
redemption of bonds prior to maturity at such times
and prices and upon such other terms as they may
specify. A bond shall not be subject to call or
redemption prior to maturity unless it contains a recital to that effect.
(Ord. 3589, passed 7-6-1976)
§ 12.84.250 ISSUANCE OF BONDS IN
DIFFERENT DIVISIONS.

The bonds may be issued in different divisions
with different dates and dates of maturity.
(Ord. 3589, passed 7-6-1976)
§ 12.84.260 BIDS FOR BONDS - SALE TO

HIGHEST RESPONSIBLE BIDDER -

REJECTION OF BIDS - RE-ADVERTISEMENT
- PRIVATE SALE - USE OF PROCEEDS.
(A) The bonds shall be sold for such price or
prices as the Mayor and Council, in their discretion,
shall determine which may be at the par value thereof
with or without premium or discount. The bonds may
be sold at public or private sale as the Mayor and
Common
City Council shall determine. If the Mayor
and CommonCity Council determine to sell the bonds
by private sale, the same shall be awarded, by
resolution, to the buyer or buyers thereof. If the
Mayor and Common
City Council determine to sell the
bonds at public sale, before selling the bonds or any
part thereof, the City Clerk shall give notice inviting sealed bids in such manner as the Mayor and
Common
City Council shall prescribe. If satisfactory
bids are received, the bonds offered for sale shall be
awarded, by resolution, to the highest responsible
bidder. If no bids are received, or if the Mayor and
Common
City Council determine that the bids received
are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either re-advertise or sell the bonds at private sale.
(B) The purposes for which the proceeds of the
bonds may be used may also include, without
limitation, incidental expenses, such as engineering,
appraisal, legal fees, bond counsel fees, financial
consultant fees, land and rights-of-way acquisition,
reserve funds and expenses of financing the district, if any, and expenses of all proceedings for the
authorization, issuance and sale of the bonds or related thereto.
(Ord. 3589, passed 7-6-1976)
§ 12.84.270 BONDS - ADDITIONAL SOURCES
OF PAYMENT.

The Mayor and Common
City Council, in their
sole discretion, may provide, in the resolution required by §§ 12.84.040 or 12.84.050 through 12.84.130, that
bonds, both principal and interest, issued for the
purposes provided for herein may be additionally
payable from any legally available source of funds,
including, without limitation, revenues derived from
the operation of the public off-street parking places or grants from other governmental agencies to the city to
be used for any of the purposes set forth herein.
(Ord. 3589, passed 7-6-1976)

Packet Page. 1236

San Bernardino - Streets, Sidewalks and Public Places94 § 12.84.280 RENTAL OF FACILITIES.

The city may acquire, construct, rent, lease,
maintain, repair, manage and operate all or any
portion of any real and personal property for the
purpose of providing public off-street parking places
and may provide by lease or otherwise with any
person, firm, corporation or non-profit association or
corporation for the management, operation,
maintenance or repair of the public off-street parking
places.
(Ord. 3589, passed 7-6-1976)
§ 12.84.290 INCIDENTAL USE.
(A) As an incident to the operation of any
parking facility, the city may devote a portion of its
property to uses such as retail stores, bus terminal,
gasoline service station, helicopter landing area or any other commercial use, when, in its judgment, it is
convenient or necessary to conduct or permit such use
in order to utilize the property as a parking facility.

Any such incidental use shall be secondary to the
primary use as a parking facility, and the portion of
the land devoted to the incidental use shall not exceed 25% of the surface area of the property. If a building
is erected on the property for the purpose of parking
motor vehicles, the incidental use of the building shall not occupy more than 25% of the floor area.
(B) The Mayor and Common
City Council shall
use its best efforts to lease surplus space devoted to
commercial purposes other than parking vehicles to
any person, firm, corporation or non-profit association or corporation as the Mayor and Common
City Council
shall determine.
(C) As an incidental use to a parking facility,
foundations, platforms and other like structural forms
may be constructed in any feasible manner, as an
integral part thereof or otherwise, for provision or
utilization of air rights sites for buildings to be used for, without limitation, residential, commercial or
other uses; provided that the cost of such structural
forms shall be recovered from the parties utilizing
such air rights sites and used, as determined by the
Mayor and Common
City Council, to pay the costs of
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance or operation of the parking places
involved or other parking places located within the
city.
(Ord. 3589, passed 7-6-1976)
§ 12.84.300 DISPOSITION OF PROPERTY.

The Mayor and Common
City Council, subject to
the provisions of the City Charter, may determine that
any parcel of property, or any improvements,
extensions or replacements thereof or additions
thereto, either acquired from the proceeds of the bonds or leased to the city with rents therefor derived from assessments levied pursuan t to this chapter are no
longer needed for off-street parking purposes or such
facilities may be otherwise better provided. Subject to the provisions of the City Charter, and any restriction in the resolution providing for the issuance of any
outstanding bonds relating to the facilities involved,
the property may thereafter be sold, leased or
otherwise disposed of, either during or after the term
of the bonds and the proceeds placed in a fund as
designated by the Mayor and Common
City Council
and used for the purposes of this chapter.
(Ord. 3589, passed 7-6-1976; Ord. 3759, passed
9-13-1978)
§ 12.84.310 OTHER PROCEDURES.

When proceedings are had under this chapter, its
provisions may be supplemented by other proceedings
or as otherwise provided in the resolution of intention, including, without limitation, provisions for credit for parking places made available for public or private
uses pursuant to agreement with the city, credit for
taxes or assessments paid to the city and used

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Off-Street Public Parking 95
primarily for parking purposes, and the replenishment
for Reserve Funds.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976)
§ 12.84.320 ASSESSMENT WITHOUT BONDS.

In addition, or as an alternative to, the other
provisions contained in Procedural Alternatives II or
III, the Mayor and Common
City Council may provide
in the resolution of intention for the levy each year of an ad valorem assessment on all taxable real property
or all taxable land, as the case may be, within the
district to provide monies for all or any part of the
costs and expenses of providing parking places prior to the issuance of bonds or without issuing bonds. The
costs and expenses of providing parking places may
include, but shall not be limited to, lease payments,
the costs and expenses of operating, maintaining,
repairing and improving the parking places,
engineering fees, appraisal fees, legal fees, financial consultant fees, cost of land and rights-of-way
acquisition, expenses of all proceedings for the
formation of the district and all other costs and
expenses for carrying out the purposes of this chapter.

The rate of ad valorem assessment shall be fixed by
the Mayor and Common
City Council each year so as
to produce sums required to pay the estimated costs
and expenses mentioned above. The assessment shall
be levied, collected and enforced in the same manner,
at the same time and with the same penalties and
interest, as in the case of taxes levied for the city.
(Ord. 3589, passed 7-6- 1976; Ord. 3603, passed
9-20-1976)
ARTICLE II. PROCEDURAL ALTERNATIVE I
§ 12.84.330 GENERALLY.

Any part or parts of the city may be created and
operated as a district or districts for the acquisition, construction, improvement, completion, repair,
management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places; bonds to pay the cost thereof may be issued and paid; contributions may be made,
covenants and agreements with the bondholders for the
security and payment of such bonds may be made; and
the Mayor and Common
City Council shall have the
powers, jurisdiction and authority all as now or
hereafter provided in the Parking District Law of 1943
(herein called “1943 Act”), except as herein otherwise
provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1943, see Cal. Streets
and Highways Code, Division 18,
Part 1(commencing with § 31500)
§ 12.84.340 TWO PARKING DISTRICTS.

Territory included in one parking district may be
included in another parking district if the Mayor and
Common
City Council find that the territory will be
benefitted by being included in the subsequent parking
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.350 ADMINISTRATION.

The Mayor and Common
City Council, in their
discretion, may, by the adoption of a resolution,
declare themselves to be the Parking Place
Commission, with any and all powers and duties of
Parking Place Commissioners as provided in the 1943
Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1943, see Cal. Streets
and Highways Code, Division 18,
Part 1 (commencing with § 31500)
§ 12.84.360 ADDITIONAL COLLECTION
PROVISION.

The provisions of the Cal. Streets and Highways
Code, §§ 8680 to 8688, inclusive, and §§ 8830 to

Packet Page. 1238

San Bernardino - Streets, Sidewalks and Public Places96 88358837, inclusive, shall apply to assessments levied
hereunder.
(Ord. 3589, passed 7-6-1976)
§ 12.84.370 TAX LEVY.

Annually on or before June 30, the Mayor and
Common
City Council shall prepare an estimate of the
expenditures required for the maintenance, operation,
repair and improvement of the parking places under its
charge for the ensuing fiscal year, and, in their
discretion, required during that year for the acquisition of additional parking places, if any. The Mayor and
Common
City Council shall also estimate the amount,
if any, of revenues to be derived from rentals, fees or charges for the use of the parking places and the
amount, if any, to be raised by taxation. The amount
to be raised by taxation for the acquisition of
additional parking places shall be stated separately. At the time and in the manner for levying general taxes,
the Mayor and Common
City Council may levy and
collect upon and against all of the taxable real property or land only, as the case may be, within the district at the rate determined by the Mayor and Common
City
Council, a special ad valorem tax sufficient to raise the sum of money estimated as required to be raised by
taxation.
(Ord. 3589, passed 7-6-1976)
ARTICLE III. PROCEDURAL ALTERNATIVE II
§ 12.84.380 GENERALLY.

Any part or parts of the city may be created and
operated as a district or districts for the acquisition, construction, improvement, completion, repair,
management, reconstruction, administration,
maintenance, operation and disposal of public
off-street parking places; bonds to pay the cost thereof may be issued and paid; revenues from on- and
off-street parking facilities may be allocated and
pledged; annual ad valorem assessments may be levied
and collected; contributions may be made; covenants
and agreements with the bondholders for the security
and payment of such bonds may be made; and the
Mayor and Common
City Council shall have the
powers, jurisdiction and authority all as now or
hereafter provided in the Parking District Law of 1951
(herein called “1951 Act”), except as herein otherwise
provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.
§ 12.84.390 FINDINGS OF MAJORITY
PROTEST.

If the owners of taxable real property or taxable
land, as the case may be, in the district having an
assessed valuation of more than one-half of the
assessed valuation of all taxable real property or all
taxable land, as the case may be, in the district at the conclusion of the hearing have on file and have not
withdrawn their written protests objecting to the
formation of the district, the legislative body shall find that a majority protest has been filed, and no further
proceedings shall be taken for a period of one year
from the date of the decision of the Mayor and
Common
City Council on the hearing unless the
protests are overruled by an affirmative vote of
four-fifths of the members of the Common
City
Council in which event the proceedings may continue
as if no majority protest had been made. Any person
making a protest may withdraw the protest, in writing,
at any time prior to the conclusion of the protest
hearing.
(Ord. 3589, passed 7-6-1976)
§ 12.84.400 MATURITY OF BONDS.

The full amount of the bonds may be divided into
two or more series and different dates fixed for the
bonds of each series. The maximum term which the
bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.
(Ord. 3589, passed 7-6-1976)
§ 12.84.410 ANNUAL ASSESSMENTS.

The annual assessment provided for in the 1951

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Off-Street Public Parking 97
Act shall be computed on the basis of the formula set
forth in the resolution of intention to form the district as originally adopted or as modified by subsequent
change and modification or other proceedings
conducted pursuant to this chapter or any other law,
and the limitations upon the rate or period thereof
provided in the Act shall not apply. If the assessed
value of any parcel of property does not appear on the
tax roll, an estimated assessed value of such parcel
shall be made by the Director of Development
Services in consultation with the County Assessor, and
such estimate shall, for purposes of such ad valorem
assessment, be considered the assessed value of such
parcel.
(A) Supplemental advances and levies. The
provisions of the Cal. Streets and Highways Code,
§§ 8800 to 8809, inclusive, shall apply to assessments
levied hereunder if so stated in the resolution of
intention.
(B) Additional collection provisions. The
provisions of the Cal. Streets and Highways Code,
§§ 8680 to 8688, inclusive, and §§ 8830 to 8835
8837,
inclusive, shall apply to assessments levied hereunder. (C) Charges.
(1) The Mayor and Common City Council,
or the City Parking Commission, as the case may be,
may, by resolution, prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than
special assessments), including, but not necessarily
limited to, service charges and standby charges for
services or facilities furnished by the district; charges for the availability of the facilities of the district, regardless of whether the facilities are used or not; and minimum charges. Such charges shall be payable on a
uniform and equitable basis by the owner of the
property to which the facilities of the district are
available, including the owners of publicly owned
property.
(2) Any delinquent char ges and all penalties
thereon when recorded as hereinafter provided shall
constitute a lien on the real property to which the
facilities of the district are available (except that no such lien shall be created against any publicly owned
property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.
(3) All remedies provided for collection of
due and unpaid charges which are provided in the
Revenue Bond Law of 1941 of the state may be
exercised to enforce payment of any charges levied
under this article.
(4) A resolution prescribing or revising
such charges shall not be adopted until the Mayor and
Common
City Council or the Commission, as the case
may be, has given notice of and held a hearing thereon
substantially as provided in Cal. Gov’t Code,
§ 54354.5, being part of the Revenue Bond Law of
1941.
(5) Any assessment levied against any
parcel of real property pursuant to this article which is held by any court of competent jurisdiction to be
invalid or unenforceable for any reason shall be
deemed to be a charge under this article, and the
amounts of any assessments levied and collected
against other parcels in the district and not affected by said holding of invalidity shall be credited against any charges which might otherwise be payable by the
owners thereof, to the end that no parcel in the district is charged both an assessment and a charge for the
same facility. Any change and modification or other
proceeding conducted for the purpose of levying
assessments under this article shall comply with the
notice and hearing requirement of Cal. Gov’t Code,
§ 54354.5.
(Ord. 3589, passed 7-6-1976; Ord. MC-1027, passed
9-9-1998)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.

Revenue Bond Law of 1941, see Cal. Gov’t Code,
§§ 54300 et seq.
§ 12.84.420 ENLARGEMENT OF DISTRICT.

The boundaries of the district heretofore or
hereafter formed may be enlarged from time to time.

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San Bernardino - Streets, Sidewalks and Public Places98 (A) Resolution of intention. The territory to be
annexed shall be set forth in a resolution of
preliminary determination and of intention to be
adopted by the Mayor and Common
City Council
which shall give notice that the matter and all persons interested will be heard by the Mayor and
Common
City Council at a time to be stated therein.
(B) Publication. The resolution shall be
published twice in a newspaper of general circulation
published in the city and posted as provided in
§ 12.84.070.
(C) Hearing. The hearing may be adjourned,
from time to time. At the hearing, the Mayor and
Common
City Council shall have the power to
determine whether or not the entire territory, or only
a portion thereof, to be annexed and the district will be benefitted by the annexation.
(D) Order. The Mayor and Common
City Council
shall, by resolution, order the annexation of such
territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.
(E) Ad valorem assessment. Thereafter, the
property annexed shall be subject to special levies for maintenance and operation and for any bonds issued
for the acquisition for construction of improvements,
the same as are the properties already in the parking
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.430 ADDITIONAL PARKING PLACE
PLEDGE.

The Mayor and Common
City Council may, at
any time, pledge revenues from off-street parking
places heretofore or hereafter acquired in other than
the proceedings provided for herein in addition to
those acquired in the proceedings.
(Ord. 3589, passed 7-6-1976)
§ 12.84.440 MAYOR AND COMMON
CITY

COUNCIL AS PARKING PLACE
COMMISSION.

The Mayor and Common
City Council, in their
discretion, may, by the adoption of a resolution,
declare themselves to be the Parking Place
Commission with any and all powers and duties of
Parking Place Commissioners as provided for in the
1951 Act.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking District Law of 1951, see Cal. Streets
and Highways Code, §§ 35100 et seq.
§ 12.84.450 PROVISION FOR RESIDENTIAL
PROPERTY.
(A) Should there be included in the district
property used for residential purposes, including in
said term single-family and multiple-unit residential
property, regardless of the zoning applicable thereto,
the same shall be exempt from the assessments levied
hereunder, so long as such property is lawfully used
for residential purposes, upon a finding by the Mayor
and Common
City Council that:
(1) Such property is lawfully used for
residential purposes; and
(2) Such property has adequate off-street
parking for the residential uses involved.
(B) Each year, at the time of levying the
assessment as provided in this chapter, such findings
shall be reviewed, to the end that such exempt
property will no longer be exempt and will be
assessed:
(1) When the use is changed from the
exempt residential use; and/or

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Off-Street Public Parking 99
(2) When the property, although still
devoted to the same use, no longer has adequate
off-street parking.
(C) Should a particular parcel of real property
have another use, in addition to the residential use,
only the proportionate value thereof attributable to the residential use shall be exempt.
(Ord. 3589, passed 7-6-1976)
ARTICLE IV. PROCEDURAL ALTERNATIVE III
§ 12.84.460 GENERALLY.

Whenever the Mayor and Common
City Council
deem it necessary to form an improvement district
within the city and to issue bonds which shall be
special obligations of and be issued on behalf of such
improvement district, for the acquisition, construction, improvement, completion, repair, management,
reconstruction, administration, maintenance,
operation, disposal or financing of any or all works,
improvements and facilities referred to in this chapter, they shall, by resolution, so declare the intention to
form an improvement district and to issue such bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.470 CONTENTS OF RESOLUTION -
INTENTION TO FORM DISTRICT.

The resolution of intention shall state that the
Mayor and Common
City Council intend to form an
improvement district of any portion of the city, which, in the opinion of the Mayor and Common
City
Council, will be benefitted by the acquisition and
construction of certain improvements and to incur
bonded indebtedness by the issuance of bonds on
behalf of such improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.480 RESOLUTION - PURPOSE OF

DEBT - AMOUNT - PROPERTY TAXABLE TO
PAY DEBT.

The resolution of intention shall also state:
(A) The purposes for which the proposed bonds
are to be issued which may include any or all of the
purposes stated in this chapter;
(B) The estimated cost of the accomplishment of
such purposes and the amount of bonds to be issued
therefor, which may include incidental expenses,
including, without limitation, engineering, appraisal,
legal fees, bond counsel fees, financing consultant
fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district and expenses of
all proceedings for the authorization, issuance and sale of the bonds or related thereto;
(C) That the bonds shall not be general
obligations of the city, nor shall the credit of the city or the property or revenue of any public utility owned
by the city be pledged for the payment thereof; and
that the bonds shall be special obligations of and be
issued on behalf of the improvement district; and
whether ad valorem assessments for the payment of
the interest on the bonds and the principal thereof shall be levied upon the taxable real property or upon land
only in the improvement district; and
(D) The maximum interest rate which the bonds
may bear, payable semi-annually, except that interest
for the first year may be payable at the end of that
year or at such time prior to the end of that year as
may be determined in the resolution providing for the
issuance of the bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.490 DIVISION OF DISTRICT INTO
ZONES.

If, in the judgment of the Mayor and
Common
City Council, varying benefits will be derived

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San Bernardino - Streets, Sidewalks and Public Places100 by the different parcels of real property lying within
the improvement district, the district may be divided
into zones according to benefits.
(A) Number. The district may be divided into as
many zones, up to the total number of parcels of real
property in the district as may be deemed necessary,
and each zone shall be composed of and include all the
real property within the district which will be
benefitted in like manner.
(B) Percentage.
(1) The Mayor and Common
City Council
shall also determine the percentage of the sum to be
raised each year by the levy and collection of the
special assessment taxes in the district for the
payments on the principal and interest of the bonds,
which will be raised from the real property or land
only, as the case may be, in each zone.
(2) As an alternative, the Mayor and
Common
City Council may determine the percentage
of assessed valuation of taxable real property or land
only, as the case may be, within each zone which shall
be used in computing the annual rate of ad valorem
assessment within the district and to which the annual
rate shall be applied.
(C) Resolution of intention. When the district is
divided into such zones, the resolution of intention
shall so state, giving the percentages to be raised from the real property or land only, as the case may be, in
each zone.
(D) Designation. Each zone shall be designated
by a different letter or number and shall be plainly
shown on the map of the improvement district filed in
the office of the City Clerk and referred to in the
resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so
that all persons interested may with accuracy ascertain within which zone any parcel of property is located.
(E) Plat. It shall be sufficient in all cases where
the improvement district is to be divided into such
zones according to benefits if the resolution of
intention states that fact and refers to the map for the boundaries and all details concerning the zones.
(F) Changes in boundaries at hearing. At the
hearing, the Mayor and Common
City Council may
eliminate, create or alter the boundaries of proposed
zones in the manner provided for the alteration of the
boundaries of the proposed district.
(G) Subsequent changes in boundaries. If the
Mayor and Common
City Council, from time to time,
determine that the public interest will be served
thereby, they may, from time to time, add property to
a zone or transfer property from a zone of lesser
benefit to a zone of greater benefit, in the manner
provided for enlarging the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.500 RESOLUTION - DESCRIPTION

OF IMPROVEMENT MAP OF DISTRICT -
AVAILABILITY FOR INSPECTION.

The resolution of intention shall also state that
such resolution, together with a general description of the proposed improvement and a map showing the
exterior boundaries of the proposed improvement
district with relation to the territory immediately
contiguous thereto and to the proposed improvement,
is on file with the City Clerk and is available for
inspection by any person or persons interested. This
map shall govern for all details as to the extent of the proposed improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.510 RESOLUTION - TIME AND

PLACE OF HEARING - WHO MAY BE
HEARD.

The resolution of intention shall also state:
(A) The time and place for a hearing by the
Mayor and Common
City Council on the questions of
the formation and extent of the proposed improvement

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Off-Street Public Parking 101
district, the proposed improvement, the estimated cost
and the amount of bonds to be issued; and
(B) That at the time and place specified in the
resolution any person interested will be heard; and that any holder of title to taxable real property or land
only, as the case may be, within the proposed
improvement district may file with the City Clerk at
any time prior to the time set for the hearing thereon
written protest to the formation of the proposed
improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.520 NOTICE OF HEARING -
PUBLICATION - POSTING - MAILING.

Notice of the hearing shall be given by publishing
a copy of the resolution of intention once at least ten days prior to the time fixed for the hearing in a
newspaper of general circulation published in the city.

Such notice shall also be given by posting a copy of
the resolution of intention in three public places within the proposed improvement district at least 15 days
before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of
intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such
ownership is shown on the last equalized county
assessment roll. The City Clerk shall cause all the
above notices to be given.
(Ord. 3589, passed 7-6-1976)
§ 12.84.530 HEARING - TIME AND PLACE -
WHO MAY APPEAR - CONTINUANCE.

At the time and place fixed in the resolution of
intention, the Mayor and Common
City Council shall
proceed with the hearing. At the hearing, any person
interested may appear and present any matters material
to the questions set forth in the resolution of intention.

The Mayor and Common
City Council shall hear and
pass upon all written protests filed by the holders of
title to taxable real property or land, as the case may be, within the proposed improvement district. Such
protests must be in writing, must contain a description of the property in which each signer thereof is
interested, sufficient to identify the same and, if the signers are not shown on the last equalized assessment
roll as the owners of such property, must contain or be accompanied by written evidence that such signers are
the owners of such property. The hearing may be
continued, from time to time, by the Mayor and
Common
City Council.
(Ord. 3589, passed 7-6-1976)
§ 12.84.540 CHANGE IN PURPOSE OF BOND
AND AMOUNT.

The Mayor and Common City Council may
change the purposes for which the proposed bonds are
to be issued, the estimated cost or the amount of the
bonds. The Mayor and Common
City Council may also
change the boundaries of the proposed improvement
district, but not so as to include any territory which
will not, in their judgment, be benefitted by the
proposed improvement.
(Ord. 3589, passed 7-6-1976)
§ 12.84.550 NOTICE OF INTENTION TO

MAKE CHANGE - PUBLICATION - POSTING
- CONTENTS.

The purposes, estimated cost or amount of bonds
to be issued or the boundaries of the proposed
improvement district shall not be changed by the
Mayor and Common
City Council, except after
adoption by the Mayor and CommonCity Council of a
resolution declaring their intention to order changes
and fixing a time and place for a hearing on the
changes. The resolution shall be published, posted and
mailed in the same manner as set forth in § 12.84.480
for the original resolution of intention. The resolution shall state the purposes, estimated cost and debt as
originally proposed, and as changed if such is the case, and that the exterior boundaries as originally proposed, and as changed, if such is the case, are set forth on
maps on file with the City Clerk and that the map

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San Bernardino - Streets, Sidewalks and Public Places102 showing the boundaries as changed shall govern for all
details as to the extent of the proposed improvement
district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.560 HEARING ON CHANGE - WHO
MAY APPEAR - CONTINUANCE.

At the time and place fixed in the resolution of
intention to make changes, the Mayor and
Common
City Council shall proceed with the hearing.

At the hearing, any person interested may appear and
present any matters material to the matters contained
in the resolution. Written protests to the proposed
changes may be filed with the City Clerk by the holder
of title to taxable real property or land, as the case
may be, within the proposed improvement district at
any time up to the hour set for hearing on the proposed changes in the same manner as set forth in §

12.84.480 for the original resolution of intention. The hearing may be continued, from time to time, by the
Mayor and Common
City Council.
(Ord. 3589, passed 7-6-1976)
§ 12.84.570 PROTESTS BY HOLDERS OF

TITLE TO ONE-HALF OF VALUE OF

TAXABLE PROPERTY - RESOLUTION OF
NECESSITY TO INCUR DEBT - CONTENTS.
(A) If written protests are filed by the holders of
title to one-half or more of the value of the taxable real property or taxable land, as the case may be, within
the proposed improvement district, as shown by the
last equalized assessment roll of the county, prior to
the hearing on the resolution of intention or prior to
the hearing on any proposed changes with respect
thereto, and, if there remain on file protests
representing one-half or more of the value of such
taxable real property or taxable land, as the case may
be, at the time the Mayor and Common
City Council
have concluded the hearing on the resolution of
intention and any hearing on proposed changes with
respect thereto, further proceedings shall not be taken, and the Mayor and Common
City Council shall declare
the proceedings abandoned unless the protests are
overruled by an affirmative vote of four-fifths of the
members of the Common
City Council. If such protests
do not remain on file at the conclusion of the hearing
or hearings or if they are overruled by a four-fifths
vote of the members of the Common
City Council, the
Mayor and CommonCity Council shall, by resolution,
determine whether or not it is deemed necessary to
form the improvement district and issue bonds which
shall be special obligations of and be issued on behalf of the improvement district.
(B) If the Mayor and Common
City Council
determine that it is necessary to form the improvement
district and issue bonds, the resolution shall also state, in accordance with the prior proceedings:
(1) The purposes for which the proposed
bonds are to be issued;
(2) The estimated cost of the
accomplishment of such purposes and the amount of
the proposed bonds;
(3) That the exterior boundaries of the
portion of the city which will be benefitted by the
accomplishment of the purpose are set forth on a map
on file with the City Clerk, which map shall govern
for all details as to the extent of the improvement
district; and
(4) That such portion of the city set forth on
the map shall thereupon constitute and be known by
the name designated in the resolution.
(Ord. 3589, passed 7-6-1976)
§ 12.84.580 DISAPPROVAL OF FORMATION

RESOLUTION FOR DETERMINATION OF NO
BENEFIT.

If the Mayor and Common
City Council find and
determine that the area proposed to constitute the
improvement district will not be benefitted thereby,

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Off-Street Public Parking 103
the Mayor and Common City Council shall, by
resolution, disapprove the formation.
(Ord. 3589, passed 7-6-1976)
§ 12.84.590 EFFECTIVE DATE OF

IMPROVEMENT DISTRICT - EFFECT OF
DETERMINATIONS IN RESOLUTION.

From and after the date the Mayor and
Common
City Council adopt the resolution forming the
improvement district, the area named therein shall
constitute the improvement district within the city
bearing the name set forth in the resolution. The
determinations made in the resolution forming the
improvement district shall be final and conclusive.

Any action or proceeding to attack, review, set aside,
avoid the resolution or any of the proceedings, acts or determinations theretofore taken, done or made
pursuant to this chapter shall not be maintained by any person unless such action or proceeding is commenced
within 30 days of the adoption of such resolution.

Thereafter, all persons are barred from such action or
proceeding or any defense of invalidity of such
resolution or of such proceedings, acts or
determinations.
(Ord. 3589, passed 7-6-1976)
§ 12.84.600 EFFECT OF FORMATION ON
BOND PROCEEDINGS AND TAX LEVY.

After the formation of the improvement district
pursuant to this chapter, the Mayor and Common
City
Council may, by resolution, at such time or times as
they deem proper, issue bonds on behalf of the
improvement district, and thereafter all proceedings
shall be limited and shall apply only to the
improvement district, and assessments for the payment
of the bonds and the interest thereon shall be levied
upon the real property or land only, as determined in
the resolution of intention, in the improvement district. (Ord. 3589, passed 7-6-1976)
§ 12.84.610 ISSUANCE OF BONDS BY
RESOLUTION.

The Mayor and Common
City Council may, by
resolution, at such time or times as they deem proper,
issue bonds which shall be special obligations of and
be issued on behalf of the improvement district for the whole or any part of the total amount authorized, and
may, from time to time, provide for the issuance of
such amounts as the necessity thereof may appear until
the full amount of such bonds authorized has been
issued.
(Ord. 3589, passed 7-6-1976)
§ 12.84.620 SERIES OF BONDS - DIFFERENT

MATURITY DATES - MAXIMUM TERM OF
SERIES.

The full amount of the authorized bonds may be
divided into two or more series and different dates
fixed for the bonds of each series. The maximum term
which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.
(Ord. 3589, passed 7-6-1976)
§ 12.84.630 FORM OF BONDS AND COUPONS
- TIME OF PRINCIPAL PAYMENTS.

The bonds shall bear interest at a rate or rates not
to exceed the rate specified in the resolution of
intention, payable semi-annually, except that interest
for the first year may be payable at the end of that
year or at such time prior to the end of that year as
may be determined in the resolution providing for the
issuance of the bonds.

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San Bernardino - Streets, Sidewalks and Public Places104 (Ord. 3589, passed 7-6-1976)
§ 12.84.650 CALL AND REDEMPTION
BEFORE MATURITY - PROVISION IN BOND.

The Mayor and Common City Council may
provide for the call and redemption of bonds prior to
maturity at such times and prices and upon such other
terms as they may specify. A bond shall not be subject
to call or redemption prior to maturity unless it
contains a recital to that effect.
(Ord. 3589, passed 7-6-1976)
§ 12.84.660 DENOMINATION.

The denomination of the bonds shall be stated in
the resolution providing for their issuance.
(Ord. 3589, passed 7-6-1976)
§ 12.84.670 PLACE OF PAYMENT.

The principal and interest on the bonds shall be
payable in lawful money of the United States at the
office of the City Treasurer, or such other place or
places as may be designated, or at either place or
places at the option of the holder of the bond.
(Ord. 3589, passed 7-6-1976)
§ 12.84.680 FORM OF BONDS - DATE -

NUMBER - SIGNING AND

COUNTERSIGNING - SEAL - MECHANICAL
REPRODUCTION OF SIGNATURES.

The bonds shall be dated, numbered
consecutively, signed by the Mayor and City
Treasurer, countersigned by the City Clerk, and the
official seal of the city impressed, imprinted or
reproduced thereon. The interest coupons of the bonds
shall be signed by the Treasurer. All such signatures
and counter-signatures may be printed, lithographed,
or mechanically reproduced, except that one of the
signatures or counter signatures to the bonds shall be
manually affixed. Neither the Mayor, nor any
members of the Common
City Council, nor any other
officer of the city executing the bonds, are liable
personally thereon by reason of their issuance.
(Ord. 3589, passed 7-6-1976)
§ 12.84.690 BONDS OF IMPROVEMENT

DISTRICTS - STATEMENT OF LIMITATION
ON LEVY.

The bonds shall be special obligations of and be
issued on behalf of the improvement district, and shall be designated in accordance with the prior
proceedings. Each bond shall state, in substance, that
the bond is not a general obligation of the city, nor is the credit of the city or the property or revenue of any public utility owned by the city pledged for its
payment; and that the bond is a special obligation of
and is issued on behalf of the improvement district;
and that ad valorem assessments levied for the
payment of the interest thereon and principal thereof
shall be levied upon the taxable real property or land
only, as the case may be, in the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.700 PAYMENT OF PROCEEDS INTO

CITY TREASURY - SPECIAL IMPROVEMENT

FUNDS - EXPENDITURE FOR PURPOSE OF

DEBT - APPLICATION OF SURPLUS ON
ACCOMPLISHMENT OF PURPOSE.

The proceeds from the sale of bonds, except for
premium and accrued interest, if any, shall be paid
into the City Treasury, placed to the credit of a Special Improvement Fund, Debt Service Fund and any
Reserve Fund; all as provided in the resolution
providing for the issuance of the bonds and expended
only in connection with the purpose for which the
indebtedness was created. When such purpose has
been accomplished, any monies remaining in the
Special Improvement Fund may be transferred to the
Debt Service Fund to be used for the payment of
principal of and interest on the bonds or to any
Reserve Fund established therefor. Premium and
accrued interest, if any, shall be paid into the Treasury and placed to the credit of the fund to be used for the payment of the principal of and interest on the bonds.
(Ord. 3589, passed 7-6-1976)

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Off-Street Public Parking 105
§ 12.84.710 INTEREST PAID FROM BOND
PROCEEDS - MAXIMUM LIMITATION.

Interest on the bonds coming due before the
proceeds of a tax levied at the next general tax levy
after the sale of the bonds are available, and/or interest on any bonds coming due before the expiration of one
year following completion of the acquisition and
construction of the works and improvements for which
the bonds were issued, may be paid from the proceeds
of the sale of the bonds as may be provided in the
resolution providing for the issuance of the bonds.
(Ord. 3589, passed 7-6-1976)
§ 12.84.720 BONDS - PAYMENT OF
PRINCIPAL AND INTEREST.
(A) At the time of making the general tax levy
after the issuance of the bonds, as may be provided in
the resolution providing for the issuance of the bonds, and annually thereafter until the bonds are paid or until there is a sum in the Treasury set apart for that
purpose sufficient to meet all payments of principal
and interest on the bonds as they become due, the
Mayor and Common
City Council shall cause an
assessment to be levied upon all real property or land
only, as the case may be, in the improvement district
sufficient to pay the interest on the bonds and such
part of the principal as will become due before the
proceeds of such an assessment levied at the next
general tax levy will be available and to provide a
contingency reserve for delinquencies. Such
assessment shall be levied and collected at the same
time as other city taxes, and shall be used only for the payment of interest on and principal of the bonds.

Assessments for the payment of such bonds shall
constitute a lien on all of the taxable real property
within the improvement district. Such liens shall be of the same force and effect as other liens for city taxes and their collection may be enforced by the same
means as provided for the enforcement of liens for city taxes.
(B) Nothing in this article shall be deemed to
prevent the Mayor and Common
City Council from
using any lawfully available funds of the city,
including, without limitation, those which are
attributable to the improvement district, for payment
of such principal and interest, and to the extent that
such funds are in the treasury set apart for that
purpose, the assessment required by this article need
not be levied. For purposes of this article, the phrase “funds of the City which are attributable to the district includes without limitation, grants from other
governmental agencies to the City on” behalf of the
improvement district or venues raised by operation of
the facilities constructed under this chapter within the improvement district.
(Ord. 3589, passed 7-6-1976)
§ 12.84.730 ANNUAL ASSESSMENTS.

The annual assessment provided for in this article
shall be computed on the basis of the formula set forth in the resolution of intention to form the district as
originally adopted or as modified by subsequent
change and modification or other proceedings
conducted pursuant to this chapter or any other law,
and shall be, without limitation, upon the rate or
period thereof. If the assessed value of any parcel of
property does not appear on the tax roll, an estimated
assessed value of such parcel shall be made by the
Director of Development Services in consultation with
the County Assessor, and such estimate shall for
purposes of such ad valorem assessment be considered
the assessed value of such parcel.
(A) Supplemental advances and levies. The
provisions of the Cal. Streets and Highways Code,
§§ 8800 to 8809, inclusive, shall apply to assessments
levied hereunder.
(B) Additional collection provision. The
provisions of the Cal. Streets and Highways Code,
§§ 8680 to 8688, inclusive, and §§ 8830 to 8835
8837,
inclusive, of the state shall apply to assessments levied hereunder.
(C) Charges. Should the Mayor and
Common
City Council determine to prescribe, revise
and collect fees, tolls, rates, rentals and other charges (other than special assessments), including, but not
necessarily limited to, service charges and standby or
maximum charges for services or facilities furnished
by the district, charges for the availability of the
facilities of the district regardless of whether the

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San Bernardino - Streets, Sidewalks and Public Places106 facilities are used or not, the same shall be done by
resolution. Such charges shall be payable on a uniform
and equitable basis by the owner of the property to
which the facilities of the district are available,
including the owners of publicly owned property. Any
delinquent charges and all penalties thereon when
recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the
district are available (except that no such lien shall be created against any publicly owned property), and such
lien shall continue until the charge and all penalties
thereon are fully paid or the property sold therefor. All remedies provided for collection of due and unpaid
charges which are provided in the California Revenue
Bond Law of 1941 (commencing with Cal. Gov’t
Code, § 54300) may be exercised to enforce payment
of such charges shall not be adopted until the Mayor
and Common
City Council have given notice of and
held a hearing thereon substantially as provided in the Cal. Gov’t Code, § 54354.5, being part of the
Revenue Bond Law of 1941.
(Ord. 3589, passed 7-6-1976; Ord. 3603, passed
9-20-1976; Ord. MC-1027, passed 9-9-1998)
§ 12.84.740 EXEMPTION OF RESIDENTIAL
PROPERTY.
(A) Should there be included in the district
property used for residential purposes, including in
said term single-family and multiple-unit residential
property, regardless of the zoning applicable thereto,
the same shall be exempt from the assessments levied
hereunder, so long as such property is lawfully used
for residential purposes, upon a finding by the Mayor
and Common
City Council that:
(1) Such property is lawfully used for
residential purposes; and
(2) Such property has adequate off-street
parking for the residential uses involved.
(B) Each year, at the time of levying the
assessment as provided in this chapter, such findings
shall be reviewed, to the end that such exempt
property will no longer be exempt and will be
assessed:
(1) When the use is changed from its
exempt residential use; and/or
(2) When the property although still
devoted to the same use no longer has adequate
off-street parking.
(C) Should a particular parcel of real property
have another use, in addition to the residential use,
only the proportionate value thereof attributable to the residential use shall be exempt.
(Ord. 3589, passed 7-6-1976)
ARTICLE V. PROCEDURAL ALTERNATIVE IV
§ 12.84.750 GENERALLY.

Whenever the Mayor and Common
City Council
deem it necessary to form a parking authority
(hereinafter referred to as “authority”) to operate
within the city, the Mayor and Common
City Council
shall, by resolution, declare that there is a need for the authority to function in the city, and the authority shall have the powers, jurisdiction and authority all so now
or hereafter provided in the Parking Law of 1949
(hereinafter referred to as the “1949 Act”) except as
herein otherwise provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Parking Law of 1949, see Cal. Streets and
Highways Code, Part 2 (commencing
with § 32500)
§ 12.84.760 ISSUANCE OF BONDS.

The Mayor and Common
City Council may
authorize the authority to issue revenue bonds without
first submitting the question of whether the city or the

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Off-Street Public Parking 107
authority, or both, shall be authorized to adopt the
revenue bond method of financing projects provided
for in this section to the electors of the city. The
Mayor and Common
City Council shall make such
authorization by ordinance. The ordinance shall
describe, in general terms, the improvements or
acquisitions to be funded by the revenue bonds and the
maximum amount of the bonds proposed to be issued.

Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city.
(Ord. 3589, passed 7-6-1976)
§ 12.84.770 REMEDIES FOR COLLECTION.

All remedies provided for collection of due and
unpaid charges which are provided in the California
Revenue Bond Law of 1941 may be exercised to
enforce payment of any charges levied under this
section. A resolution prescribing or revising such
charges shall not be adopted until the Mayor and
Common
City Council or the commission has given
notice of and held a hearing thereon substantially as
provided in the Cal. Gov’t Code, § 54354.5, being
part of the Revenue Bond Law of 1941.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.

ARTICLE VI. PROCEDURAL ALTERNATIVE V
§ 12.84.780 GENERALLY.

Whenever the Mayor and Common
City Council
deem it necessary, in order to provide public off-street parking places or to otherwise perform the acts set
forth in § 12.84.020, the Mayor and Common
City
Council shall have and may exercise all of the powers,
jurisdiction and authority all as now or hereafter
provided for in the Revenue Bond Law of 1941,
except as herein otherwise provided.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.
§ 12.84.790 ISSUANCE OF BONDS.

The Mayor and Common
City Council may
authorize the issuance of revenue bonds without first
submitting to its qualified voters, at an election held for that purpose, the proposition of issuing bonds
pursuant to the Revenue Bond Law of 1941. The
Mayor and Common
City Council shall make such
authorization by ordinance. The ordinance shall
describe, in general terms, the improvements or
acquisitions to be funded by the revenue bonds and the
maximum amount of the bonds proposed to be issued.

Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city.
(Ord. 3589, passed 7-6-1976)
Statutory reference:

Revenue Bond Law of 1941, see Cal. Gov’t
Code, §§ 54300 et seq.

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San Bernardino - Streets, Sidewalks and Public Places108

Packet Page. 1251

CHAPTER 12.88: HANG GLIDING
Section

12.88.010 Definition - activity restricted
except in certain places

12.88.020 Violation - penalty
§ 12.88.010 DEFINITION - ACTIVITY
RESTRICTED EXCEPT IN CERTAIN PLACES.
(A) It is unlawful for any person to engage in the
activity of hang gliding in or over any place within the city limits except in those places recommended by the
Director of Parks, Recreation and Community
Services and approved by the Mayor and Common
City
Council.
(B) As used in this chapter, HANG GLIDING
means any activity whereby any person or persons
glide, float or sail through the air in or on a hang
glider. A HANG GLIDER means a glider, kite, hot
air balloon, device or contrivance so constructed that
it will carry a person on wind, air or human power.
(Ord. 3704, passed 2-9-1978; Ord. MC-460, passed
5-15-1985)
§ 12.88.020 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of this chapter
is guilty of an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(Ord. 3704, passed 2-9-1978; Ord. MC-460, passed
5-15-1985)
109

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San Bernardino - Streets, Sidewalks and Public Places110

Packet Page. 1253

CHAPTER 12.90: ESTABLISHMENT, FINANCING AND OPERATION OF

ASSESSMENT DISTRICTS
Section

12.90.010 General statement

12.90.015 Landscape maintenance
assessment district regulations

12.90.020 Provisions not exclusive

12.90.030 Definitions

12.90.040 Investigation and resolution

12.90.050 Zones

12.90.060 Changes in boundaries at hearing

12.90.070 Final determination of necessity
and ordering work

12.90.080 Assessment financing alternatives

12.90.090 Assessment according to benefit

12.90.100 Engineer’s report

12.90.110 General provisions

12.90.120 Payment of construction
assessment - discharge of lien

12.90.130 Changes

12.90.140 Violation - penalty
§ 12.90.010 GENERAL STATEMENT.
(A) The Mayor and Common
City Council find
that, in order to provide an orderly procedure for the
acquisition, construction, improvement, completion,
repair, management, reconstruction, administration,
maintenance, operation and disposition of public
property, public places and public improvements; for
the collecting of assessments to pay the cost thereof;
for the making of contributions therefor; and for the
making of covenants and agreements with the
bondholders, if any, to secure payment of such bonds,
if any, it is necessary that the city exercise the powers it has by virtue of being a home rule city and to
provide such a procedure. The procedure provided for
herein is to be an alternative to any others provided
by, under or pursuant to the Charter, ordinances and
code provisions of the city or the general laws of the
state.
(B) In addition to matters specified elsewhere in
this chapter, the city is authorized to utilize assessment financing alternatives, including, without limitation,
the following:
(1) Acquire, by condemnation, purchase,
gift, lease or any other means, property necessary or
convenient for the improvement, including any
property necessary or convenient for the opening,
widening, straightening or extending of streets or
alleys necessary or convenient for the improvement;
(2) Improve any public places or public
property within the district by the construction thereon of any improvements necessary or convenient for the
purpose of the district;
(3) Administer, maintain, operate or repair
the improvement or provide therefor;
(4) Collect fees or charges to pay all or any
part of the cost of improving, repairing, maintaining
or operating the improvement and of acquiring and
improving additional properties necessary to the
improvement;
(5) Levy taxes and/or assessments to pay all
or any part of the cost of improving, repairing,
maintaining or operating the improvement and of
acquiring and improving additional properties
necessary to the improvement;
(6) Employ engineers, attorneys, financial
consultants and other persons necessary or convenient
for the doing of any act authorized by this chapter; and (7) Do all acts and things necessary or
convenient for the accomplishment of the purposes of
this chapter.
111

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San Bernardino - Streets, Sidewalks and Public Places112 (Ord. MC-150, passed 4-7-1982)
§ 12.90.015 LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT REGULATIONS.

Within the limits of any City Landscape
Maintenance Assessment District (hereinafter
“Assessment District”) or upon any public
improvement, facility or building located therein and
owned or controlled by the city, it is unlawful for any person to:
(A) Play or practice golf or use golf clubs in any
area not designated for such use;
(B) Operate any motor driven model airplane
except in areas designated for such use;
(C) Operate or park any motor vehicle as defined
in the California Vehicle Code within any Assessment
District except upon areas designated for such use;
(D) Operate, drive or ride upon any bicycle,
unicycle, tricycle, horse or any other animal in any
Assessment District except in areas designated and
posted specifically for such use;
(E) Leave any garbage, trash, cans, bottles,
papers or other refuse elsewhere than in the receptacle provided therefor;
(F) Discharge or shoot any firearm, air gun,
slingshot or bow and arrow except at places designated
and posted specifically for such purposes;
(G) Dig, remove, destroy, injure, mutilate or cut
any tree, plant, shrub, bloom or flower, or any portion thereof except a duly authorized city employee in the
performance of his or her duty;
(H) Remove any wood, turf, grass, soil, rock,
sand, gravel or landscape sprinkler system or any part
thereof from any Assessment District except a duly
authorized city employee in the performance of his or
her duty;
(I) Cut, break, deface or disturb any rock,
building, cage, pen, monument, sign, fence, structure,
apparatus, equipment or property, or landscape
sprinkler system or any part thereof except a duly
authorized city employee in the performance of his or
her duty;
(J) Light or maintain any fire unless such fire is
lighted and maintained only in a stove or fire circle or place provided for such purpose;
(K) Throw rocks or waste matter in unauthorized
places;
(L) Camp, lodge or tarry overnight unless there
are set aside certain places for this purpose; the
provisions of § 12.68.020 prohibiting any person to be
or remain in any public park between the hours of
10:00 p.m. of any day to 6:00 a.m. of the next
succeeding day is adopted herein by reference and
made applicable to Assessment Districts; or
(M) Indulge in riotous, boisterous or indecent
conduct; and no noisy, disorderly or offensive person
shall be allowed within any Assessment District; the
provisions of Chapter 9.32 prohibiting any person
from drinking alcoholic beverages in a public place is
adopted herein by reference.
(Ord. MC-981, passed 9-18-1986)
§ 12.90.020 PROVISIONS NOT EXCLUSIVE.

The provisions of this chapter are not exclusive.

The Mayor and Common
City Council shall have the
power to provide other procedures or to follow district procedures now or hereafter provided by general law;
provided, however, that when ever the city is acting
pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in
conflict with any of the provisions of said laws.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.030 DEFINITIONS.

Unless the particular provision or the context
otherwise requires, the definitions as contained in the Cal. Streets and Highways Code, §§ 5003 through
5024, inclusive, and § 22531 shall apply.
(Ord. MC-150, passed 4-7-1982)

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Establishment, Financing and Operation of Assessment Districts 113 § 12.90.040 INVESTIGATION AND
RESOLUTION.
(A) Findings required before ordering. Before
ordering any acquisitions or improvements or both, or
the creation of any district pursuant hereto, where the costs of said acquisitions or improvements,
construction, completion, repair, management,
reconstruction, administration, maintenance and/or
operation are to be paid in whole or in part by special assessment or other special assessment taxes upon
property, the Mayor and Common
City Council shall
find that the public convenience and necessity require
such acquisitions, improvements, construction,
completion, repair, management, reconstruction,
administration, maintenance and/or operation in the
manner provided in § 19, Article XVI of the
California Constitution.
(B) Preliminary determination of necessity and
intention to proceed. A resolution of preliminary
determination of necessity and intention to proceed
(hereinafter referred to as resolution of intention) shall be adopted describing in general terms, the following:
(1) The intention to proceed under this
chapter;
(2) The proposed improvements,
acquisition, construction, completion, repair,
management, reconstruction, administration,
maintenance and/or operation involved;
(3) The assessment financing alternative to
be followed;
(4) The assessment benefit procedure to be
followed;
(5) The estimated costs of such
improvements, acquisition, construction, completion,
repair, management, reconstruction, administration,
maintenance or operation;
(6) The amount, based upon the estimated
costs, to be assessed against each particular parcel.

This requirement may be satisfied by referencing the
engineer’s report;
(7) The maximum number of years such
assessment shall be levied;
(8) The maximum amount of bonds, if any,
to be issued to finance the proposed improvements or
acquisitions;
(9) Whether any ongoing management,
administration, maintenance or operation of the
improvement will be required;
(10) That such resolution, together with a
general description of the proposed improvement and
a map showing the exterior boundaries of the proposed
improvement district with relation to the territory
immediately contiguous thereto and to the proposed
improvement, is on file with the City Clerk and is
available for inspection by any person or persons
interested. This map shall govern for all details as to the extent of the proposed improvement district;
(11) The resolution shall also state the time
and place for a hearing by the Mayor and
Common
City Council when and where any and all
persons interested may appear and show cause, if any,
why the Mayor and Common
City Council should not
find and determine that the public convenience and
necessity require the formation of the proposed
improvement district and the proposed acquisitions or
improvements without compliance with the Special
Assessment Investigation, Limitation and Majority
Protest Act of 1931 (hereinafter referred to as the
“Act”); on the question of the estimated cost; the
amount of bonds to be issued, if any; and the intention of the Mayor and Common
City Council to proceed;
and
(12) The resolution shall also state that at the
time and place specified in the resolution that any
person interested will be heard; and, for the purpose of determining a majority protest, any holder of title to
taxable real property within the proposed improvement
district, acting individually or as part of a group, may file a protest. Any such protest must be filed in writing with the City Clerk, and shall include a description of the property in which the signer thereof is interested
sufficient to identify the same. If the signers are not shown on the last equalized assessment roll as the
owners of such property, such protest must be

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San Bernardino - Streets, Sidewalks and Public Places114 accompanied by written evidence that such signers are
the owners of such property.
(C) Notice of hearing. Notice of hearing as set
forth in the resolution shall be given as follows:
(1) By publishing a copy of the resolution
of intention once at least 15 days prior to the time
fixed for the hearing in a newspaper of general
circulation published in the city;
(2) By posting a notice of the adoption of
the resolution of intention on all open streets within
the district at not more than 300 foot intervals, but not less than three in all, on each street so posted, at least 15 days before the time fixed for the hearing. No
proceeding shall be held invalid for failure to post any street if this section has been substantially complied
with. If the boundaries of the proposed assessment
district include more than one-half square mile in area, posting requirements shall be satisfied by the City
Clerk posting such notice conspicuously on or near the
main door of the Council Chambers at least five days
prior to the time fixed for the hearing. For such
districts, no street posting shall be required;
(3) By mailing a notice of the adoption of
said resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to
taxable real property within the proposed improvement
district as such ownership is shown on the last
equalized county assessment roll. The notices posted
and mailed shall conform to the Cal. Streets and
Highways Code, §§ 5193 and 5195, respectively. The
City Clerk shall cause all the above notices to be
given;
(4) At least 15 days before the time fixed
for the hearing, the engineer shall record an
Assessment District Boundary Map with the County
Recorder, said map to conform to the requirements of
Cal. Streets and Highways Code, § 3110;
(5) The Mayor and Common
City Council
may proceed without notice and hearing if, when
considering passage of the resolution of intention, it is determined by at least a four-fifths affirmative vote
thereof (as determined in division (D) below) that all
of the owners of lots or land liable to be assessed or
their bona fide agents, have signed and filled a petition requesting the formation of the district, indicate that they have no objections to the proposed work or work
and acquisition and agree as to the extent of the district to be assessed and waive notice and hearing; and
(6) If the Mayor and Common
City Council
are proceeding pursuant to division (C)(5) above, the
map required to be recorded, pursuant to division
(C)(4) above, shall be recorded within five days after
adoption of the resolution of intention.
(D) Majority protest. The Mayor and
Common
City Council shall set forth, in the resolution
of intention, the basis by which a determination shall
be made whether a majority protest exists; possible
bases may include, but shall not be limited to,
determination based on land area, assessed valuation
of real property, assessed valuation of land only or the number of property owners or any other suitable
determinant. At the time set for hearing protests, the
Mayor and Common
City Council shall proceed to hear
and pass upon all protests so made and its decision
shall be final and conclusive. The Mayor and
Common
City Council may adjourn the hearing, from
time to time. Any such protest may be withdrawn by
any owner making the same, either in writing at any
time prior to the conclusion of said protest hearing or any adjournment thereof, or orally on the record
during a hearing. If the Mayor and Common
City
Council find that the written protests are made by
persons who represent more than 50% of the property
to be assessed for the improvements, as determined on
the basis of the determining factor announced in
advance, and protests are not withdrawn so as to
reduce the same to less than a majority, no further
proceedings shall be taken for a period of one year
from the date of the decision of the Mayor and
Common
City Council on the hearing, unless the
protests are overruled by action of the Mayor and
Common
City Council. Action to overrule a majority
protest shall require not less than a four-fifths
affirmative vote of the Council members present and
voting; for this purpose, five affirmative votes of six voting, or six affirmative votes of seven voting shall
be required.
(Ord. MC-150, passed 4-7-1982; Ord. MC-349,
passed 3-7-1984)
Statutory reference:

Packet Page. 1257

Establishment, Financing and Operation of Assessment Districts 115 Special Assessment Investigation, Limitation and
Majority Protest Act of 1931, see Cal. Streets
and Highways Code, Division 4, §§ 2800 et seq.
§ 12.90.050 ZONES.
(A) Generally. If, in the judgment of the Mayor
and Common
City Council, varying benefits will be
derived by the different parcels of real property lying within the assessment district, the district may be
divided into zones according to benefits.
(B) Number. The district may be divided into as
many zones, up to the total number of parcels of real
property in the district, as may be deemed necessary,
and each zone shall be composed of and include all the
real property within the district which will be
benefitted in like manner.
(C) Resolution. When the district is to be divided
into such zones, the resolution of intention shall so
state.
(D) Designation. Each zone shall be designated
by a different letter or number and shall be plainly
shown on the map of the assessment district filed in
the office of the City Clerk and referred to in the
resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so
that all persons interested may with accuracy ascertain within which zone any parcel of property is located.
(E) Plat. It shall be sufficient, in all cases where
the improvement district is to be divided into such
zones according to benefits, if the resolution of
intention states that fact and refers to the map for the boundaries and all details concerning the zones.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.060 CHANGES IN BOUNDARIES AT
HEARING.
(A) Orders. Based on the evidence presented
during any hearing, the Mayor and Common
City
Council may order changes in any of the matters
provided in the resolution of intention, including
changes in the improvements, the boundaries of the
proposed assessment district and any zones therein and
the proposed diagram map or the proposed assessment.

The Mayor and Common
City Council may, without
further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of additional territory within the district except upon
written request by a property owner for the inclusion
of his or her property or upon the giving of mailed
notice of hearing to property owners upon the question
of the inclusion of their property in the district.
(B) Hearing. The hearing regarding majority
protest shall be conducted as announced in the
resolution of intention, and any protests shall be filed in the manner specified in § 12.90.040(B)(12).
(Ord. MC-150, passed 4-7-1982)
§ 12.90.070 FINAL DETERMINATION OF
NECESSITY AND ORDERING WORK.
(A) If no protests are made, or if any protests
shall have been heard and overruled, the Mayor and
Common
City Council may adopt a resolution finding
and determining that the public convenience and
necessity require the proposed improvements and/or
acquisitions, management, administration,
maintenance and/or operation. Such resolution shall be
referred to as “resolution ordering work.” Such
resolution shall determine that the Act shall not apply, shall order the work, shall direct the City Clerk to
advertise for bids and shall specify that the contract
will be awarded pursuant to the standard procedures
used by the city in the award of public works
contracts.
(B) The resolution ordering work shall be
adopted by the affirmative vote of not less than
four-fifths of the members of the Common
City
Council voting thereon, as in § 12.90.040, and any
findings and determination so adopted shall be final
and conclusive.
(C) (1) Whenever the total amount bid by the
lowest responsible bidder, plus the estimated amount
of incidental costs exceed, by more than 15%, the
engineer’s estimate of cost, as stated in the resolution of intention, the Mayor and Common
City Council
shall be consulted before further action is taken. The

Packet Page. 1258

San Bernardino - Streets, Sidewalks and Public Places116 Mayor and CommonCity Council may thereupon order
any one of the following:
(a) Re-advertise for proposals or bids
for the performance of the work as in the first
instance, without further proceedings;
(b) Terminate the proceedings; or
(c) 1. Notify the property owners
within the district by mail of such increase and seek
guidance from affected property owners.

2. Each affected property owner
will be asked to express a preference as to:
a. Accepting the bid as
submitted;
b. Rejecting the bid and
re-advertising; and
c . Terminating the
proceedings.
(2) If the proceedings are taken pursuant to
division (C)(1)(c)1. above, existence of a majority
protest as earlier provided for will be determined; if
such majority protest is determined to exist, the Mayor and Common
City Council shall utilize the procedures
of § 12.90.040(D) herein, and proceed in accordance
therewith.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.080 ASSESSMENT FINANCING
ALTERNATIVES.
(A) The Mayor and Common
City Council shall
determine which of various financing alternatives shall be utilized.
(B) Alternatives available include the following.
(1) The improvement and/or acquisition
may be pre-funded by the city and the assessment
levied, collected and enforced in the same manner, at
the same time, and with the same penalties and
interest, as in the case of taxes levied for the city, to secure repayment to the city of said pre-funding.
(2) Bonds may be issued to finance the
improvement and/or acquisition and the assessment
may be levied, collected and enforced in the same
manner, at the same time and with the same penalties
and interest, as in the case of taxes levied for the city, to pay the premium and interest, if any, due on said
bonds. If this assessment financing alternative is used, the city may retain bond counsel to provide the details of the issuance and repayment of said bonds.
(3) Bonds may be issued before contracting
or obtaining options for the purchase of land, property or rights-of-way to be acquired, if any, or obtaining a judgment in eminent domain for the acquisition
thereof.
(4) The financing for maintenance, repair,
management, reconstruction, administration or
operation of the district, if any, shall be included in the assessment roll for the improvement and/or
acquisition, if any, and shall be the total cost for such maintenance, repair, management, reconstruction,
administration or operation as estimated by the
engineer for each fiscal year in which the assessment
is to be levied and collected.
(5) The provisions of the Cal. Streets and
Highways Code, §§ 8800 to 8809, inclusive, shall
apply to assessments levied hereunder.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.090 ASSESSMENT ACCORDING TO
BENEFIT.
(A) Assessment. After the adoption of the
resolution ordering work, the engineer shall proceed to estimate as to all lots and parcels of land within the
assessment district, as shown by the diagram map, the
benefits arising from such work, and to be received by
each such lot or parcel of land. He or she shall
thereupon prepare an assessment roll for submission to
the Mayor and Common
City Council for confirmation,
by resolution, which assesses upon and against the
lands in the assessment district the total amount of the

Packet Page. 1259

Establishment, Financing and Operation of Assessment Districts 117 costs and expenses of such work and/or the cost of
management administration, maintenance or operation
of the improvement, if any, for the first year or for the term of the assessment. Such roll shall assess the total sum upon the several lots or parcels of land in the
assessment district benefitted thereby, in proportion to the estimated benefits to be received by each of the
several lots or parcels of land within the district or
within each zone included in the district, if any.
(B) Method of determining the assessment
benefit. The method of determining the assessment
benefit to be received by each of the said several lots or parcels of land within the district and/or zone shall be set forth in the resolution of intention, which may
include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land
only or number of lots or parcels.
(C) Assessment computation. The annual
assessment provided for in this section shall be
computed on the basis of the formula set forth in the
resolution of intention originally adopted or as
modified by subsequent change and modification or
other proceedings conducted pursuant to this chapter
or any other law, and the limitations upon the rate or
period thereof provided in the Act (as defined in
§ 12.90.040(B)(11)) shall not apply. If the assessed
value of any parcel of property does not appear on the
tax roll, an estimated assessed value of such parcel
shall be made by the Director of Development
Services in consultation with the County Assessor, and
such estimate shall, for purposes of such ad valorem
assessment, be considered the assessed value of such
parcel.
(D) Subsequent year assessments. Except as
otherwise provided by the issuance of bonds, the cost
for the improvement and/or acquisition or
management, administration, maintenance or operation
of the improvement, if any, for any subsequent fiscal
year during which an assessment is to be levied and
collected within the assessment district pursuant to this chapter, shall be accomplished by preparing an
assessment roll for submission to the Mayor and
Common
City Council for confirmation by resolution
for each fiscal year in which the assessment is to be
levied and collected, and shall constitute the levy of an assessment for the fiscal year referred to in the
assessment. When a bond issue funds the costs
involved, such assessments shall be levied and
collected as specified in the bond authorizing
resolution or ordinance.
(Ord. MC-150, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.90.100 ENGINEER’S REPORT.
(A) Prior to or at the time of the adoption of the
resolution of intention, the engineer shall file a report with the City Clerk. When the report is filed with the
City Clerk, the City Cler k shall present it to the
Mayor and Common
City Council for consideration.

The Mayor and CommonCity Council may modify it
in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent
proceedings except that it may be confirmed, modified
or corrected as provided in this chapter.
(B) The report shall be made available to the
public for inspection and shall include, but shall not be limited to, the following:
(1) A description of the type of
improvement and/or acquisition;
(2) An estimate of the cost of the
improvement, including incidental costs, and/or the
cost of the acquisition, if any, and the annual costs of management, administration, maintenance or operation
of the improvement, if any;
(3) A plat map indicating thereon the
boundaries of the proposed assessment district; and
(4) A proposed assessment roll showing the
estimated individual assessments to be assessed against each parcel within the district for each year an
assessment is to be levied and collected within the
district.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.110 GENERAL PROVISIONS.

The following general provisions shall apply to all
proceedings taken hereunder.

Packet Page. 1260

San Bernardino - Streets, Sidewalks and Public Places118 (A) City initiation. The city may prepare a
report, adopt a resolution of intention, form an
assessment district or take any other action to provide the improvement and/or acquisition, construction,
completion, repair, management, reconstruction,
administration, maintenance or operation, without any
petition therefor.
(B) Contributions. Notwithstanding any other
provision in this chapter, the Mayor and Common
City
Council may provide for a contribution or
contributions by the city of part of the costs and
expenses of the work or may accept and provide for
contribution toward the cost and expenses of any work
done under this chapter, from any funds made
available for the purpose of the district by any local, state or national agency or authority, or from any
other person or entity, and it shall not be necessary to set forth or give notice of such contribution in the
resolution of intention or in any other proceedings
under this chapter. Such notice may be given in the
discretion of the Mayor and Common
City Council.
(C) Lapse of time. It shall not be necessary for
any specified time to elapse between the performance
of acts except as otherwise required by this chapter.
(D) Resolution sufficient. The Mayor and
Common
City Council may act, by resolution, where
an ordinance is specified by general law.
(E) Assessment upon public property. Whenever
proceedings are to be undertaken in accordance with
this chapter, the Mayor and Common
City Council may
provide, in the resolution of intention, that any real
property belonging to any county, city, public agency,
school board, educational, penal or reform institution
or institution for the feebleminded or the insane shall be assessed in accordance with the provisions of the
Cal. Streets and Highways Code, §§ 5300 through
5325, inclusive.
(F) Termination upon determination of no
benefit. If the Mayor and Common
City Council find
and determine that the area proposed to constitute the
assessment district will not be benefitted thereby, the Mayor and Common
City Council shall terminate the
proceedings.
(G) Effective date; effect of determinations in
resolution; limitation on actions. From and after the
date the Mayor and Common City Council adopt the
resolution of intention, the area named therein shall
constitute the assessment district within the city
bearing the name set forth in the resolution. The
determinations made in the resolution forming the
assessment district shall be final and conclusive. No
action or proceeding to attack, review, set aside or
void the resolution, or any of the proceedings, acts or determinations theretofore taken, done or made
pursuant to this chapter, shall be maintained by any
person unless such action or proceeding is commenced
within 30 days after the adoption of such resolution.

Thereafter, all such actions or proceedings, and any
defense of invalidity of such resolution or of such
proceedings, acts or determinations, are forever
barred.
(H) Disposition of property. The Mayor and
Common
City Council, subject to the provisions of the
City Charter, may determine that any parcel of
property acquired from the proceeds of the assessment
district or any improvements, extensions or
replacements thereof or additions thereto are no longer needed for the purpose of the assessment district or
such facilities may be otherwise better provided.

Subject to the provisions of the City Charter and
restrictions in the resolution providing for the issuance of any outstanding bonds, if any, relating to the
facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the assessment or bonds and the proceeds
placed in a fund as designated by the Mayor and
Common
City Council and used for the benefit of the
assessment district.
(I) Assessment roll. Except as otherwise
provided by the issuance of bonds, the assessment roll
shall state the amount to be assessed upon each lot or
parcel of land within the district and shall refer to said lots or parcels of land by their respective County
Assessor’s parcel number as shown on the last
equalized county assessment roll, and shall refer to the fiscal year to which it applies, and shall, upon its
confirmation, be filed in the office of the Director of Development Services. When a bond issue funds the
costs involved, such assessment roll procedures as are
provided for in the bond-authorizing resolution or

Packet Page. 1261

Establishment, Financing and Operation of Assessment Districts 119 ordinance shall prevail.
(J) Assessment diagram map.
(1) Prior to the confirmation of the
assessment roll by the Mayor and Common City
Council, the Engineer shall file with the City Clerk
and the Director of Development Services an
assessment diagram map. Upon the confirmation of the
assessment roll, the City Clerk shall record a notice of assessment, as provided in Cal. Streets and Highways
Code, § 3114. Whereupon the said assessment shall
attach as a lien upon the property assessed, as
provided in Cal. Streets and Highways Code, § 3115.

A copy of the notice of assessment so recorded shall
be published pursuant to the Cal. Gov’t Code, § 6066.

Notice of the recording of said assessment shall be
given pursuant to the provisions of Cal. Streets and
Highways Code, § 10404(a), (b) and (c) only.
(2) The diagram map shall show the
following:
(a) The exterior boundaries of the
assessment district;
(b) The boundaries of any zones within
the district; and
(c) The lines and dimensions of each
lot or parcel of land within the district and the relative location of the same to the work to be done. Each lot
or parcel shall be identified by a distinctive number or letter.

1. The lines and dimensions of
each lot or parcel of land shown on the diagram map
shall conform to those shown on the County’s
Assessor’s maps for the fiscal year in which the
diagram map is prepared. The diagram map may refer
to the County Assessor’s maps for a detailed
description of the lines and dimensions of any lots or
parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of such
lots or parcels.

2. Any changes in the lines and
dimensions of any lot or parcel of land shown on the
diagram map so filed with the City Clerk due to any
lot splits or subdivisions which may occur in
subsequent years need not be changed on the diagram
map; however, such changes shall be reflected in the
assessment roll for each subsequent year.
(K) Dissolution of assessment district. Upon
completion of the term for the collection of
assessments within the district as set forth in the
resolution of intention, the confirmation and collection of the final assessment, or upon adoption of a
resolution dissolving the dist rict, the district shall automatically dissolve and shall no longer be binding
upon the property within the district.
(L) District not exclusive. The formation of an
assessment district pursuant to this chapter within any area of the city shall not be exclusive. The Mayor and
Common
City Council shall have the authority to create
any number of districts within the same area, subject
to the provisions of this chapter.
(Ord. MC-150, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.90.120 PAYMENT OF CONSTRUCTION
ASSESSMENT - DISCHARGE OF LIEN.

The owner of or any person interested in any lot
or parcel of land upon which an assessment for
construction has been levied under the terms of this
chapter may, at any time before commencement of
proceedings for sale, pay off the assessment and
discharge the land involved from the lien of the
assessment. The discharge may be had by paying to
the Treasurer the unpaid principal sum of the
assessment, with interest thereon (if any) up to the
next succeeding July 1. As used in this section,
UNPAID PRINCIPAL SUM means those installments
of principal that are due to be paid at future dates
through the term of the assessment. This provision
shall not apply to any maintenance assessment.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.130 CHANGES.

Any change of work, boundaries of assessment
district, amounts of assessments or proceedings taken
pursuant to this chapter after the hearing of protests on

Packet Page. 1262

San Bernardino - Streets, Sidewalks and Public Places120 the resolution of intention shall be conducted under the provisions of Cal. Streets and Highways Code,
§§ 10350 through 10358.
(Ord. MC-150, passed 4-7-1982)
§ 12.90.140 VIOLATION - PENALTY.

Any person, firm or corporation violating or
causing the violation of any provision of § 12.90.015
is guilty of an infraction or a misdemeanor, which,
upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(Ord. MC-981, passed 9-18-1996)

Packet Page. 1263

CHAPTER 12.92: CONSTRUCTION AND MAINTENANCE OF SIDEWALKS,

CURBS AND DRIVEWAYS
Section

12.92.010 Scope and definitions

12.92.020 Adoption of state statutes by
reference

12.92.030 Duty to remove abandoned
driveways and reconstruct
appurtenant areas

12.92.035 Removal of curbs and gutters

12.92.040 Duty to maintain and repair
sidewalks and curbs

12.92.050 Duty to construct

12.92.060 Service and contents of notice

12.92.070 Hearing and assessment of costs

12.92.080 Reserved

12.92.090 Limitation of actions
§ 12.92.010 SCOPE AND DEFINITIONS.
(A) This chapter shall apply to the maintenance,
repair, construction, reconstruction or removal of
sidewalks, gutters, pavements, driveways and curbs;
the installation of storm and sanitary drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, parkway trees and street
lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway; the
installation of storm and sanitary sewer drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, parkway trees and street
lighting facilities, or curb, or all of them.
(B) This chapter shall apply to property fronting
on, or otherwise adjacent to, or in conjunction with,
any street, arterial or collector street section.
(C) This chapter shall apply to driveway
construction, reconstruction or removal and curb infill in front of a vacant lot, unimproved property or where
an existing driveway no longer serves any
development on a lot or property.
(D) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

BLOCK. Property facing one side of any
street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. Street does not include an alley or other right-of-way, unless it is of the same width as a regular residential minimum-width street, approved
as part of a master plan of circulation or streets by the city. In the case of an alley, BLOCK means property
facing both sides of any alley between the next
intersecting streets or alleys, or between the terminus of an alley and an intersecting street. In the case of
street lighting, BLOCK means property facing the side
of any street on which the improvement is to be
constructed between the next intersecting streets on the side to be improved or between the terminus of a
dedicated right-of-way of a street and a street
intersecting the side to be improved; or property
facing the side of any street on which the improvement
is to be constructed between the next intersecting
streets on the side to be improved or between the
terminus of a dedicated right-of-way of a street and a
street intersecting the side to be improved and the
property facing the opposite side of the street. Where
a BLOCK exceeds 1,000 feet in length, a length of
frontage of 1,000 feet constitutes a BLOCK as used in
this chapter, if so designated by the Director of
Development Services. A determination by the
Director of Development Services of such a 1,000-foot
BLOCK establishes a BLOCK and cannot later be
changed to include a portion of said 1,000-foot
BLOCK in another BLOCK.
121

Packet Page. 1264

San Bernardino - Streets, Sidewalks and Public Places122 COST, CONSTRUCTION COST or variants
thereof. The actual cost of construction of the work
and any incidental or administrative expenses.

DRIVEWAY. A paved portion of a public
street providing an unobstructed passage from the
roadway to an off-street area used for driving,
servicing, parking or otherwise accommodating motor
vehicles.

FRONTING and FACING. Abutting in the
case of property adjoining an alley improvement. In
the case of street lighting, in determining how much of the front footage of a block has been improved, the
front footage of property benefitting from existing
installations may be included regardless of the side of the street on which the installation has been
constructed.

SIDEWALKS or CURBS. Includes gutters,
driveways, pavement to the center line of the street,
full pavement in alleys, storm and sanitary drainage
facilities, water mains, pipes, conduits, tunnels,
hydrants and other necessary works and appliances for
providing water service, paving to provide a parking
lane on arterial or collector street sections, parkway
trees and street lighting facilities.

SUPERINTENDENT OF STREETS. The
Director of Development Services of the City of San
Bernardino, or his or her designee.
(E) This chapter shall apply to the removal of
existing curbs and gutters, and construction of new
curbs and gutters and fill-in street paving, as required to match adjoining curb alignments, for parcels with a
frontage of less than 300 feet.
(Ord. MC-691, passed 12-19-1989; Ord. MC-796,
passed 7-2-1991; Ord. MC-1027, passed 9-9-1998)
§ 12.92.020 ADOPTION OF STATE STATUTES
BY REFERENCE.

The rules, regulations and procedures as set forth
in the Cal. Streets and Highways Code, Division 7,
Part 3, Chapters 22, 24 and 27 are adopted by
reference except as modified by this chapter.
(Ord. MC-691, passed 12-19-1989)
§ 12.92.030 DUTY TO REMOVE ABANDONED

DRIVEWAYS AND RECONSTRUCT
APPURTENANT AREAS.
(A) When the owners of lots or portions of lots
fronting on any portion of a public street have
driveways existing which no longer serve any
improvements on said lot or parcel of property, the
owners shall remove and eliminate the driveways and
construct or reconstruct sidewalks, curbs and
parkways in conformance with the remainder of the
block.
(B) When the Director of Development Services
finds any such abandoned driveways, the Director of
Development Services shall notify the owners of the
property to remove the abandoned driveways and to
reconstruct the appurtenant areas.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.035 REMOVAL OF CURBS AND
GUTTERS.
(A) (1) For any lot with a total frontage of less
than 300 feet on a public street where that lot’s
existing curbs and gutters do not match adjoining
sections, the owner of such lot shall remove the
existing curbs and gutters and other appurtenant
improvements in conflict and shall construct new curbs
and gutters and other appurtenant improvements which
are aligned with the adjoining sections. For corner
lots, the parcel on the other side of the intersecting
street shall be considered as an adjoining section.
(2) These improvements will be required
only if the existing dedicated right-of-way for street
and highway purposes will accommodate the relocation
of the curbs and gutters, except for minor amounts
required to allow construction of standard handicap
ramps at intersections.
(B) When the Director of Development Services
finds any such improvements adjoining any lots or
portions of lots that need to be widened to match
adjoining sections, the Director of Development
Services shall notify the owners of the property to

Packet Page. 1265

Construction and Maintenance of Sidewalks, Curbs and Driveways 123 remove the existing improvements and construct new
improvements, in conformance with the remainder of
the block.
(Ord. MC-796, passed 7-2-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.040 DUTY TO MAINTAIN AND
REPAIR SIDEWALKS AND CURBS.
(A) The owners of lots or portions of lots
fronting on any portion of a public street or place
when that street or place is improved or if and when
the area between the property line of the adjacent
property and the street line is maintained as a park or parking strip, shall maintain any sidewalk and curb in
such condition that the sidewalk and curb will not
endanger persons or property and maintain it in a
condition which will not interfere with the public
convenience in its use.
(B) When the Director of Public Services finds
any sidewalks or curbs out of repair or pending
reconstruction and in condition to endanger persons or
property or in condition to interfere with the public
convenience in its use, the Director of Public Services shall notify the owners of the property fronting on that portion of such sidewalk or curb so out of repair to
repair the sidewalk or curb.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1274, passed 7-22-2008)
§ 12.92.050 DUTY TO CONSTRUCT.
(A) The owners of lots or portions of lots
fronting on any public street or place when the street
or place has been improved by the construction of
sidewalks or curbs for a total frontage of more than
50% on one side of such street or place in any block,
or where a petition signed by the owners of more than
60% of the front footage of any part of an unimproved
portion or portions of a block has been filed with the
City Clerk requesting the installation of such
improvements in front of said part, or whenever the
city, upon its own motion, orders the installation of
such improvements in front of said part, shall have the duty of constructing or causing the construction of
sidewalks or curbs in front of their properties upon
notice so to do by the city.
(B) When the Director of Development Services
finds that sidewalks or curbs have been constructed in
front of properties constituting more than 50% of the
frontage in any block, or where a petition signed by
the owners of more than 60% of the front footage of
the block has been filed with the City Clerk requesting the installation of such improvements, or whenever the
city, upon its own motion, has ordered the installation of such improvements in front of said part, said
Director of Development Services shall notify the
owners of the property fronting on that portion of the
street in such block in which no sidewalks or curbs
have been constructed theretofore, to construct or
cause to be constructed sidewalks or curbs in front of
their property.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.060 SERVICE AND CONTENTS OF
NOTICE.
(A) Notice to construct, repair, maintain, remove
or reconstruct sidewalks, curbs or driveways may be
given by delivering a written notice personally to the
owner of the property or to the person in possession of the property facing upon the sidewalks, curbs or
driveways to be improved or by mailing a written
notice to the owner of the property thereof at his or
her last known address as appears on the tax
assessment rolls of mailing a written notice to the
owner of the property thereof at his or her last known
address as appears on the tax assessment rolls of the
county. Immediately upon mailing the notice, the
property shall be posted in a conspicuous place.
(B) The notice shall particularly specify what
work is required to be done, where standard
construction drawings may be obtained showing how
it is to be done and what materials shall be used in the construction and shall further specify that if a permit is not obtained and the construction is not commenced
within 60 days after notice is given and diligently and without interruption prosecuted to completion, the
Director of Development Services shall cause the
construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by

Packet Page. 1266

San Bernardino - Streets, Sidewalks and Public Places124 all of the affected property owners, the 60-day period
may be waived and the Director of Development
Services may immediately cause the construction to be
done, and the cost of the same shall be a lien upon the property.
(C) The notice shall specify the day, hour and
place when the Mayor and Common
City Council will
hear objections or protests, if any, which may be
raised by any property owner or other interested
persons, but in no case shall such hearing be sooner
than ten days after giving notice. Upon the day and
hour fixed for the hearing, the Mayor and
Common
City Council shall hear and pass upon
objections or protests and their decision shall be final and conclusive.
(D) If the required improvements are not
commenced and prosecuted to completion with due
diligence as required by the notice, the Director of
Development Services shall forthwith make the
required improvements.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.070 HEARING AND ASSESSMENT OF
COSTS.
(A) Upon the completion of the improvements,
the Director of Development Services shall cause
notice of the cost of the improvements to be given in
the manner specified in § 12.92.060, except for
posting, said notice shall specify the day, hour and
place when the Mayor and Common
City Council will
hear and pass upon a report by the Director of
Development Services of the cost of the
improvements, together with any objections or
protests, if any, which may be raised by any property
owner liable to be assessed for the cost of such
improvements and any other interested persons. In no
case shall the hearing provided for in this section be
sooner than ten days after giving of notice.
(B) The cost of the improvements may include
administrative expenses required for the proper
coordination and functioning of the improvements in
front of the parcel as determined by the Mayor and
Common
City Council.
(C) Upon the day and hour fixed for the hearing,
the Mayor and Common City Council shall hear and
pass, upon the report of the Director of Development
Services, together with any objections or protests
which may be raised by any of the property owners
liable to be assessed for such construction and any
other interested persons. Thereupon, the Mayor and
Common
City Council may make such revision,
correction or modifications in the report as it may
deem just, after which, by resolution, the report, as
submitted, or as revised, corrected or modified, shall
be confirmed. The Mayor and Common
City Council
may adjourn the hearings from time to time. The
decisions of the Mayor and Common
City Council, on
all protests and objections which may be made, shall
be final and conclusive.
(D) Upon confirmation of the above report, the
Mayor and Common
City Council may order the notice
of lien to be turned over to the accounting officer of
the city, whereupon it shall be the duty of this officer to have the amount of the assessment added to the next
regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county
officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on
the county assessment book opposite the description of
the particular property and the amount shall be
collected together with all other taxes thereon against the property. The notice of lien shall be delivered to
the County Auditor before the date fixed by law for
the delivery of the assessment book to the County
Board of Equalization.
(Ord. MC-691, passed 12-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 12.92.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-737, passed 7-16-1990)
§ 12.92.090 LIMITATION OF ACTIONS.
(A) Time. No action, suit or proceeding to set
aside, cancel, avoid, annul or correct any assessment
or reassessment, or to review any of the proceedings,
acts or determinations therein, or to question the

Packet Page. 1267

Construction and Maintenance of Sidewalks, Curbs and Driveways 125 validity of, or to enjoin the collection of the
assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by
any person unless such action is commenced within 30
days after the recording of the warrant, diagram and
assessment or reassessment, and thereafter, all persons shall be barred from any such action or any defense of
invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds
issued thereon.
(B) Property unlawfully dedicated or acquired.

No proceedings taken or had under this division (B)
shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion
thereof, upon which the work or any part thereof is or
was done has not been lawfully dedicated or acquired;
provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been
obtained.
(Ord. MC-691, passed 12-19-1989)

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San Bernardino - Streets, Sidewalks and Public Places126

Packet Page. 1269

CHAPTER 12.93: CITY PARTICIPATION IN SIDEWALK/CURB

REPAIR AND SEWER CONNECTION COSTS
Section

12.93.010 Participation by city

12.93.020 Administration
§ 12.93.010 PARTICIPATION BY CITY.
(A) Notwithstanding other provisions of this
code, the California Streets and Highways Code or any
other provision of law, the city, at its discretion, may contribute up to 100% of the costs to be paid by the
property owner for repair or installation of sidewalk,
curb, gutter, paved parkway improvements, infilling
of curb depressions or driveway approaches excluding
improvements projects constructed under Chapter

12.92. The Public Services Director shall determine
when to contribute up to 100% based on the cost of the
repair, the ability of the property owner to pay and the cooperation exhibited by the property owner; provided
that the property owner executes and delivers to the
Public Services Director a waiver and release in a
form approved by the City Attorney, or his or her
designee. Such determination shall be subject to appeal to the Mayor and Common
City Council pursuant to
Chapter 2.64.
(B) Notwithstanding other provisions of this
code, the California Streets and Highways Code or any
other provision of law, the city, at its discretion, may waive 50% of the installation costs to be paid by the
property owner for connection of the sewer line from
the lateral to the property line for an existing
owner-occupied single-family residence when installed
by the Public Services Department. The Public
Services Director shall determine when to waive the
50% based on the cost of the installation, the ability of the property owner to pay and the length of time the
owners of the property have paid a monthly sewer
service charge; provided that the property owner
executes and delivers to the Public Services Director
a waiver and release in a form approved by the City
Attorney, or his or her designee. Such determination
shall be subject to appeal to the Mayor and
Common
City Council pursuant to Chapter 2.64.
(Ord. MC-737, passed 7-16-1990; Ord. MC-778,
passed 4-16-1991; Ord. MC-1274, passed 7-22-2008)
§ 12.93.020 ADMINISTRATION.

The Director of Public Services may promulgate
written procedures, regulations, guidelines and fees
pertaining to the implementation of this chapter. Such
procedures, regulations, guidelines and fees shall not
become effective until approved by resolution by the
Mayor and Common
City Council.
(Ord. MC-737, passed 7-16-1990)
127

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San Bernardino - Streets, Sidewalks and Public Places128

Packet Page. 1271

CHAPTER 12.94: IMPROVEMENT DISTRICTS
Section

12.94.010 Definitions

12.94.020 Issuance of bonds -
administrative fee

12.94.030 Advance of estimated costs -
reimbursement of expenses of
surplus
§ 12.94.010 DEFINITIONS.

For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
1911 ACT. Refers to “the Improvement Act of
1911,” Cal. Streets and Highways Code, Division 7,
being §§ 5000 et seq.
1913 ACT. Refers to “the Municipal
Improvement Act of 1913,” Cal. Streets and Highways
Code, Division 12, §§ 10000 et seq.
1915 ACT. Refers to “the Improvement Bond Act
of 1915,” Cal. Streets and Highways Code, Division
10, being §§ 8500 et seq.

DEVELOPER-REQUESTED IMPROVEMENT
DISTRICT. Any improvement district where a
developer representing a majority in interest of the
owners of the land affected requests that the city form such district to enable such owners to develop a new
subdivision or parcel map of any type or undertake
enlargement, development, expansion or change of use
of existing commercial or industrial development.

Whether a particular developer represents a majority
in interest of the owner shall be determined by the
Director of Development Services.

IMPROVEMENT DISTRICT. Any assessment
district created by action of the Mayor and
Common
City Council for the purpose of funding
curbs, gutters, streets, storm sewers, sanitary sewers, water mains and other public improvements necessary
or convenient for the purpose of the district being
formed. Public improvements shall include, but shall
not be limited to, those itemized in Cal. Streets and
Highways Code, §§ 5101, 8570 and 10100.
(Ord. MC-149, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)
§ 12.94.020 ISSUANCE OF BONDS -
ADMINISTRATIVE FEE.

For any developer-requested improvement district
in which the improvements are to be financed by
issuance of assessment district bonds, bonds may be
authorized and issued by authority of the Mayor and
Common
City Council under the provisions of the 1911
Act, the 1913 Act, the 1915 Act or any other state law
or any ordinance or provision of the municipal code,
as the Mayor and Common
City Council may
determine. For any such issuance, an administrative
fee of 1% of the total bond issue shall be paid to the
city’s Assessment District Reserve Fund to be used
exclusively for the financing of assessment districts as authorized by the Mayor and Common
City Council.

Such fee shall be paid out of the proceeds of the sale
of the bonds, and shall be in addition to any other
applicable fees, charges or incidental expenses.
(Ord. MC-149, passed 4-7-1982; Ord. MC-467,
passed 7-16-1985)
§ 12.94.030 ADVANCE OF ESTIMATED

COSTS - REIMBURSEMENT OF EXPENSES
OF SURPLUS.

Prior to the adoption of a resolution of intention
relative to any developer requested improvement
129

Packet Page. 1272

San Bernardino - Streets, Sidewalks and Public Places130 district, the developer representing the owner or
owners of the property therein shall advance to the city the estimated costs of organizing, engineering and
developing the proposed assessment district, in such
amount and payable at such times as the Director of
Development Services shall designate. Such
advancement of funds shall be utilized solely for the
expenses of organizing, engineering and developing
the proposal for such district. In the event the district fails at the public hearing or is otherwise terminated
for any reason, or the bonds are not sold, such portion of the advancement representing actual costs to the city in preparing for such improvement district, including
administrative costs, shall be held by the city, as
reimbursement for such expense, and any surplus
remaining shall be returned to the person or persons
depositing such funds. If the improvement district is
finalized and bonds are sold, the expenses shall be
reimbursed to the city from bond proceeds; and the
entire amount deposited shall be returned to the person or persons depositing such funds.
(Ord. MC-149, passed 4-7-1982; Ord. MC-1027,
passed 9-9-1998)

Packet Page. 1273

CHAPTER 12.95: SUBSTANDARD DRIVEWAY APPROACHES
Section

12.95.010 Substandard driveway
approaches: city participation

12.95.020 Eligible projects

12.95.030 Work performed
§ 12.95.010 SUBSTANDARD DRIVEWAY
APPROACHES: CITY PARTICIPATION.

Notwithstanding other provisions of this code, the
California Streets and Highways Code or any other
provision of law, the city, at its discretion, may
contribute 50% of the cost incurred for removal and
reconstruction of substandard driveway approaches as
provided in this chapter.
(Ord. MC-854, passed 11-17-1992)
§ 12.95.020 ELIGIBLE PROJECTS.

Eligible projects for city participation of one-half
the cost shall be only those driveway approaches
which exit onto arterial or collector streets and which have been found by the Director of Development
Services to not be in accordance with the Department
of Development Services’ Standard Drawing No. 203.
(Ord. MC-854, passed 11-17-1992; Ord. MC-1027,
passed 9-9-1998)
§ 12.95.030 WORK PERFORMED.

The work hereunder may be performed by a
private contractor engaged by the property owner or,
by the city, at the discretion of the Director of
Development Services and following application to the
Development Services Department for participation in
the program.
(A) An application for work to be performed
may be initiated by either the city or the property
owner.
(B) Applications, outlining the work to be
performed, shall be completed on forms to be provided
by the Development Services Department.
(C) The Director of Development Services, upon
finding that an application is consistent with the intent of this chapter, shall have an inspection made of the
project; estimate the cost of the work; and advise the
property owner of the dollar amount of the city’s
one-half contribution.
(D) If the Director of Development Services
makes a determination that the city shall perform the
work, the property owner shall deposit the sum
determined pursuant to division (A) above with the
Development Services Department, prior to the work
being performed. The Director of Development
Services shall determine time frame for such payment
and if the property owner shall have not made such
deposit, within such time frame, then that property
shall be dropped from the project.
(E) If the Director of Development Services
makes a determination that the property owner may
perform the work, then the property owner, or his or
her private contractor, must obtain a no cost public
works construction permit. Following final inspection
and approval of the work by the city, and upon the
presentation of receipted bills or invoices, the Director of Development Services shall authorize 50% of the
actual cost of the project, or the sum determined
pursuant to division (C) above, whichever is less, to
be paid to the property owner.
(F) The Director of Development Services may
initiate the removal and reconstruction hereunder by
mailing a letter to the property owner advising of the
131

Packet Page. 1274

San Bernardino - Streets, Sidewalks and Public Places132 city’s participation program and enclosing an
application form. In the event a property owner fails
to respond or declines to participate in the program
within 15 days after the date of the notice, all
proceedings will terminate.
(G) Any unforeseen necessary extra work which
may arise during such removal and reconstruction or
caused by such removal and reconstruction shall be
shared equally by the property owner and the city.
(Ord. MC-854, passed 11-17-1992; Ord. MC-1027,
passed 9-9-1998)

Packet Page. 1275

CHAPTER 12.96: INSTALLATION AND MAINTENANCE OF LANDSCAPED

FRONTAGES ON CITY RIGHTS-OF-WAY AND WITHIN THE BUILDING

SETBACK AREA UP TO A MAXIMUM OF TWENTY FEET
Section

12.96.010 Scope and definitions

12.96.030 Participation by property owners

12.96.040 Participation by city

12.96.050 Duty to install landscaping

12.96.060 Duty to maintain and repair after
installation

12.96.070 Service and contents of notice to
maintain after installation

12.96.080 Hearing and assessment of costs

12.96.090 Limitation of actions
§ 12.96.010 SCOPE AND DEFINITIONS.
(A) This chapter shall apply to the installation
and maintenance of landscaping in front of properties
in any specified block where frontages do not have
landscaping which complies with city standards and
development codes and provides for city participation
with property owners for sharing the costs of
installation on that portion of the property fronting on the right-of-way and the building set back area up to a maximum of 20 feet.
(B) This chapter shall apply to a lot or property
fronting on, or otherwise adjacent to, or in conjunction with, specified street, arterial or collector street
section or specified commercial zones as listed in the
procedure resolution.
(C) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.

COST, INSTALLATION COST or variants
thereof. Includes the actual cost of installation and/or maintenance of the landscaping and any incidental or
administrative expenses.

DIRECTOR OF PARKS , RECREATION
AND COMMUNITY SERVICES DEPARTMENT or
DESIGNEE. Shall be responsible for review and
approval of landscape development plans and
specifications and final inspection after completion of construction phase.

FRONTAGES. All the property within the
city rights-of-way and the building setback up to a
maximum of 20 feet fronting and facing the streets and
arterials in specified locations and commercial zones
in the city.
(Ord. MC-786, passed 5-21-1991)
§ 12.96.030 PARTICIPATION BY PROPERTY
OWNERS.
(A) When the owners of lots or portions of lots
fronting on any portion of a public street have
frontages existing which do not meet city codes and
standards for landscape improvements on said lot or
parcel of property, the owners may apply for city cost
sharing assistance to install landscaping in
conformance with the remainder of the block and in
compliance with city approved plans and
specifications.
(B) After applications for assistance and the
agreement for joint city property owner participation
are approved, the Director of Development Services
shall notify the property owner to prepare landscape
plans for approval and upon approval of plans to cause
landscaping to be installed on the frontages. Landscape plans shall be reviewed and approved by the Director
of Parks, Recreation and Community Services
Department prior to commencement of landscape
installation.
133

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San Bernardino - Streets, Sidewalks and Public Places134 (Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.040 PARTICIPATION BY CITY.

Notwithstanding other provisions of this chapter
or any other provision of law, the city may pay
one-half of the cost of construction of landscaping
located on the right-of-way and within the building
setback area up to a maximum of 20 feet, at the
discretion of the Development Services Director. The
Development Services Director shall make such
determination based on the cost of the construction,
the ability of the property owner to pay and the
cooperation exhibited by the property owner. Such
determination shall be subject to appeal to the Mayor
and Common
City Council pursuant to Chapter 2.64.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.050 DUTY TO INSTALL
LANDSCAPING.

The owners of lots or portions of lots fronting on
the city rights-of-way in the specified areas whenever
the city has approved the application and signed the
agreement to pay the 50% portion of the costs of the
installation of such landscape improvements in front of said part shall have the duty of installation or causing the installation of landscaping in front of their
properties upon notice so to do by the city.
(Ord. MC-786, passed 5-21-1991)
§ 12.96.060 DUTY TO MAINTAIN AND
REPAIR AFTER INSTALLATION.
(A) The owners of lots or portions of lots
fronting on any portion of the public right-of-way on
the specified streets and arterials or in the specified commercial zones shall, after such property is
improved, maintain that property in accordance with
established city standards and in such condition that
the improved area will not endanger persons or
property and maintain it in a condition which will not
interfere with the public convenience in its use.
(B) When the Director of Development Services
finds any landscaped frontages which are not being
maintained up to city maintenance standards or which
are in condition to endanger persons or property or in
condition to interfere with the public convenience in its use, the Director of Development Services shall notify
the owners of the property fronting on that portion of
such rights-of-way to perform maintenance of the
landscaped frontages.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.070 SERVICE AND CONTENTS OF

NOTICE TO MAINTAIN AFTER
INSTALLATION.
(A) Notice to repair or maintain landscaping and
appurtenant areas may be given by delivering a written
notice personally to the owner of the property or to the person in possession of the property facing upon the
city rights-of-way to be maintained or by mailing a
written notice to the owner of the property thereof at
his or her last known address as appears on the tax
assessment rolls of the county. Immediately upon
mailing the notice, the property shall be posted in a
conspicuous place.
(B) The notice shall particularly specify what
work is required to be done, where standard landscape
maintenance requirements may be obtained showing
how it is to be done and what materials and plants
shall be used in the maintenance improvements and
shall further specify that, if the maintenance is not
commenced within 30 days after notice is given and
diligently and without interruption prosecuted to
completion, the Director of Development Services
shall cause the maintenance to be done, and the cost of the same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within 30
days shall result in a lien on the property.
(C) The notice shall specify the day, hour and
place when the Mayor and Common
City Council will
hear objections or protests, if any, which may be
raised by any property owner or other interested
persons, but in no case shall such hearing be sooner
than ten days after giving notice. Upon the day and
hour fixed for the hearing, the Mayor and

Packet Page. 1277

Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet 135
CommonCity Council shall hear and pass upon
objections or protests and their decision shall be final and conclusive.
(D) If the required maintenance improvements
are not commenced and prosecuted to completion with
due diligence as required by the notice, the Director of Development Services shall forthwith make the
required improvements.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.080 HEARING AND ASSESSMENT OF
COSTS.
(A) Upon the completion of the maintenance
improvements, the Director of Development Services
shall cause notice of the cost of the maintenance
improvements to be given in the manner specified in
§ 12.96.060, except for posting, said notice shall
specify the day, hour and place when the Mayor and
Common
City Council will hear and pass upon a report
by the Director of Development Services of the cost of
the improvements, together with any objections or
protests, if any, which may be raised by any property
owner liable to be assessed for the cost of such
maintenance improvements and any other interested
persons. In no case shall the hearing provided for in
this section be sooner than ten days after giving of
notice.
(B) The cost of the maintenance improvements
may include administrative expenses required for the
proper coordination and functioning of the
maintenance improvements in front of the parcel as
determined by the Mayor and Common
City Council.
(C) Upon the day and hour fixed for the hearing,
the Mayor and Common City Council shall hear and
pass upon the report of the Director of Development
Services, together with any objections or protests
which may be raised by any of the property owners
liable to be assessed for such maintenance
improvements and any other interested persons.

Thereupon, the Mayor and Common
City Council may
make such revision, correction or modifications in the
report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or
modified, shall be confirmed. The Mayor and
Common
City Council may adjourn the hearings from
time to time. The decisions of the Mayor and
Common
City Council, on all protests and objections
which may be made, shall be final and conclusive.
(D) Upon confirmation of the above report, the
Mayor and CommonCity Council may order the notice
of lien to be turned over to the accounting officer of
the city; whereupon, it shall be the duty of this officer to have the amount of the assessment added to the next
regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county
officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on
the county assessment book opposite the description of
the particular property and the amount shall be
collected together with all other taxes thereon against the property. The notice of lien shall be delivered to
the County Auditor before the date fixed by law for
the delivery of the assessment book to the County
Board of Equalization.
(Ord. MC-786, passed 5-21-1991; Ord. MC-1027,
passed 9-9-1998)
§ 12.96.090 LIMITATION OF ACTIONS.
(A) Time. No action, suit or proceeding to set
aside, cancel, avoid, annul or correct any assessment
or reassessment, or to review any of the proceedings,
acts or determinations therein, or to question the
validity of, or to enjoin the collection of the
assessments or reassessments or to enjoin the issuance
of bonds to represent the same, shall be maintained by
any person unless such action is commenced within 30
days after the recording of the warrant, diagram and
assessment or reassessment, and thereafter all persons
shall be barred from any such action or any defense of
invalidity of the assessment or of bonds issued
thereon.
(B) Property unlawfully dedicated or acquired.

No proceedings taken or had under this provision shall
ever be held to be invalid on the ground that the street right-of-way, public property or any portion thereof
upon which the work or any part thereof is or was

Packet Page. 1278

San Bernardino - Streets, Sidewalks and Public Places136 done has not been lawfully dedicated or acquired;
provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been
obtained.
(Ord. MC-786, passed 5-21-1991)

Packet Page. 1279

CHAPTER 12.98: CAMPING ON PUBLIC STREETS AND PARKS
Section

12.98.010 Purpose

12.98.020 Definitions

12.98.030 Unlawful camping

12.98.040 Storage of personal property in
public places
§ 12.98.010 PURPOSE.

The public streets and areas within the city should
be readily accessible and available to residents and the public at large. The use of these areas for camping
purposes or storage of personal property interferes
with the rights of others to use the areas for the
purposes for which they were intended. The purpose
of this chapter is to maintain public streets and areas within the city in a clean and accessible condition.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.020 DEFINITIONS.

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

CAMP. To pitch or occupy camp facilities; to live
temporarily in a camp f acility or outdoors; to use
camp paraphernalia.

CAMP FACILITIES. Include, but are not limited
to, tents, huts or temporary shelters.

CAMP PARAPHERNALIA. Includes, but is not
limited to, tarpaulins, cots, beds, sleeping bags,
hammocks or non-city-designated cooking facilities
and similar equipment.

PARK. Means the same as defined in
§ 12.80.020.

STORE. To put aside or accumulate for use when
needed, to put aside for safekeeping, to place or leave in a location.

STREET. A way or place of whatever nature,
publicly maintained and open to the use of the public
for purposes of vehicular and/or pedestrian travel.

STREET includes highways.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.030 UNLAWFUL CAMPING.

It shall be unlawful for any person to camp,
occupy camp facilities or use camp paraphernalia in
the following areas, except as otherwise provided:
(A) Any street;
(B) Any public parking lot or public area,
improved or unimproved; and
(C) Any park.
(Ord. MC-945, passed 6-20-1995)
§ 12.98.040 STORAGE OF PERSONAL
PROPERTY IN PUBLIC PLACES.

It shall be unlawful for any person to store
personal property, including camp facilities and camp
paraphernalia, in the following areas, except as
137

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San Bernardino - Streets, Sidewalks and Public Places138 otherwise provided:
(A) Any street;
(B) Any public parking lot or public area,
improved or unimproved; and
(C) Any park.
(Ord. MC-945, passed 6-20-1995)

Packet Page. 1281

TITLE 13: PUBLIC UTILITIES
Chapter

13.04. WELLS

13.08. CONNECTION WITH PUBLIC SEWER

13.12. CROSS-CONNECTIONS AND BACKFLOW

PREVENTION DEVICES

13.16. RESERVED

13.20. GEOTHERMAL RESOURCES

13.24. WATER SUPPLY SYSTEM

13.25. SPREADING OR EXTRACTION WITHIN THE

MANAGEMENT ZONE

13.28. COLLECTION OF DELINQUENT WATER, RUBBISH,

SEWER OR OTHER MUNICIPAL UTILITY CHARGES

13.32. WASTEWATER FACILITIES

13.36. UNDERGROUND FACILITIES
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CHAPTER 13.04: WELLS
Section

13.04.010 Measurement of water - records
required

13.04.020 Record of wells that have been
bored

13.04.030 Record-keeping requirement
§ 13.04.010 MEASUREMENT OF WATER -
RECORDS REQUIRED.

It shall be the duty of the City Board of Water
Commissioners to cause measurements to be taken of
all water naturally flowing out of the San Bernardino
artesian basin and also of all water artificially taken and transported out of the San Bernardino artesian
basin or any of its tributaries; to cause measurements
to be taken of the flow of water from artesian wells in the San Bernardino artesian basin and also the depth to water in such wells that do not naturally flow to the
surface of the ground; to cause to be taken
measurements of the pressure of water at the surface
of the ground flowing from artesian wells in the San
Bernardino artesian basin; to cause to be taken
measurements of all water used in the water system of
the city; to keep a record, in the office of such
Commissioners, of all measurements of water and
water pressure hereinbefore referred to; and also to
keep a book in which all persons employed in or
engaged in taking any of such measurements shall
record a true copy of such measurements and the
person so taking such measurements shall be required
in such book to state the time of taking such
measurement and by some proper designation the place
of such measurement and when so recorded, the
person shall sign his or her name to such record.
(Ord. 677, passed 6-1-1917)
§ 13.04.020 RECORD OF WELLS THAT HAVE
BEEN BORED.

The City Board of Water Commissioners shall
procure and cause to be recorded in a proper book a
true and correct log of all wells that have been bored
in the San Bernardino valley subsequent to the first
day of August 1916, or that may hereafter be bored
therein.
(Ord. 677, passed 6-1-1917)
§ 13.04.030 RECORD-KEEPING
REQUIREMENT.

The City Board of Water Commissioners is
authorized and directed to procure such books
necessary to preserve the records herein required of
them to be taken and kept and to do all other things
and to make such rules and regulations necessary and
proper to carry this chapter into effect in order to
preserve a true record of all the matters herein referred to and in order to be fully advised as to the condition of the water level and the flow and pressure of water
from and in wells within the San Bernardino artesian
basin, and also to preserve a true and correct record of the quantity of water being taken from said basin and
conveyed to lands not overlying the same, as well as
a true and correct record of all of the other matters
hereinbefore referred to. The measurements and other
things herein provided to be taken and done shall be
taken and done at such time and in such manner as the
Board of Water Commissioners shall, from time to
time, direct.
(Ord. 677, passed 6-1-1917)
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CHAPTER 13.08: CONNECTION WITH PUBLIC SEWER
Section

13.08.010 Regulation of wastewater
connections by the Water Board

13.08.020 Inoperative private sewer laterals

13.08.030 Reserved

13.08.040 Reserved

13.08.050 Reserved

13.08.055 Reserved

13.08.060 Reserved

13.08.070 Reserved

13.08.080 Reserved

13.08.090 Reserved

13.08.100 Reserved

13.08.105 Reserved

13.08.110 Reserved
Statutory reference:

For provisions authorizing cities to construct
sewers, see Cal. Gov’t Code, § 38900.

For provisions on sewers, see Cal. Health and
Safety Code, §§ 5400 et seq.
§ 13.08.010 REGULATION OF WASTEWATER
CONNECTIONS BY THE WATER BOARD .

In accordance with § 603 of the City Charter, the
Water Board shall be responsible for oversight and
management of the city’s wastewater collection
system, including the regulation of connections. Any
rules or regulations promulgated by the Water Board
in connection with its powers under § 603 of the City
Charter may be enforced as laws of the city in
accordance with Chapter 2.28.
(Ord. 2158, passed 2-11-1957; Ord. 3407, passed
3-6-1974; Ord. MC-1562, passed 9-15-2021)
§ 13.08.020 INOPERATIVE PRIVATE SEWER
LATERALS.

Inoperative private sewer laterals shall be
maintained in good condition (and free of defects).

Inoperative private sewer laterals constituting a
nuisance, as that term is defined in Cal. Health and
Safety Code, § 5410, shall be subject to the
regulations outlined by Cal. Health and Safety Code,
§§ 5410 through 5416 and such regulations shall be
enforced by the City Public Works Department.
(Ord. 2158, passed 2-11-1957; Ord. 3835, passed
6-19-1979; Ord. MC-1562, passed 9-15-2021)
§ 13.08.030 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.040 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.050 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.055 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.060 RESERVED.
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San Bernardino - Public Utilities6
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.070 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.080 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.090 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.100 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.105 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)
§ 13.08.110 RESERVED.
[Reserved]
(Eliminated by Ord. MC-1562, passed 9-15-2021)

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CHAPTER 13.12: CROSS-CONNECTIONS AND BACKFLOW PREVENTION DEVICES Section

13.12.010 Compliance with chapter and
other laws

13.12.020 Test and report of check valves,
pressure vacuum breakers or
backflow prevention devices

13.12.030 Administration

13.12.040 Violation - penalty
§ 13.12.010 COMPLIANCE WITH CHAPTER
AND OTHER LAWS.

It is unlawful for any person to install, maintain
or allow to exist, or to fail, neglect or refuse to
comply with a notice correction of any
cross-connection, which is not in compliance with the
provisions of this chapter; the Uniform Plumbing
Code, latest adopted edition; the California
Administrative Code; and other laws relating to
cross-connections and backflow prevention devices. A
finding by the City Municipal Water Department or
the county health officer that a cross-connection does
or may contaminate water for drinking or domestic
purposes shall be prima facie evidence of a violation
of this chapter.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.020 TEST AND REPORT OF CHECK

VALVES, PRESSURE VACUUM BREAKERS
OR BACKFLOW PREVENTION DEVICES.

No person shall fail, refuse or neglect to test and
report to the City Municipal Water Department or
health officer on the condition of all check valves,
double-check valves, pressure vacuum breakers or
backflow prevention devices installed to prevent
contamination or pollution of drinking water systems.

Such tests, maintenance and reports shall be as
required by rules adopted by the Water Commissioners
and by § 13.12.010.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.030 ADMINISTRATION.

The agency responsible for the enforcement of
this chapter shall be the City Municipal Water
Department.
(Ord. 2168, passed 5-7-1957; Ord. 3007, passed
8-19-1969)
§ 13.12.040 VIOLATION - PENALTY.

Any person, firm or corporation violating any of
the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
punishable by a fine of not to exceed $500, or by
imprisonment in the city jail for not to exceed six
months, or by both such fine and imprisonment. Each
separate day or any portion thereof during which any
violation of this chapter occurs or continues shall be
deemed to constitute a separate offense and, upon
conviction thereof, shall be punishable as herein
provided.
(Ord. 2168, passed 5-7-1957)
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CHAPTER 13.16: RESERVED
(Repealed by Ord. MC-950, passed 8-22-1995)
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CHAPTER 13.20: GEOTHERMAL RESOURCES
Section
Article I. General Administrative Provisions

13.20.010 Purpose

13.20.020 Scope

13.20.030 Definitions

13.20.035 Altering

13.20.040 Applicant

13.20.045 Artesian flow

13.20.050 Artesian well

13.20.055 Board

13.20.060 BTU

13.20.065 By-product

13.20.070 City

13.20.075 Constructing

13.20.080 Council

13.20.085 Department

13.20.090 Drilling a well

13.20.095 Drilling site

13.20.100 Franchise

13.20.105 General Manager

13.20.110 Geothermal data center

13.20.115 Geothermal facility

13.20.120 Geothermal fluid

13.20.125 Geothermal heat

13.20.130 Geothermal resources

13.20.135 Ground water

13.20.140 Heat rate

13.20.145 Heating service

13.20.150 Inhabitant

13.20.155 Injection well

13.20.160 Owner

13.20.165 Person

13.20.170 Pollution

13.20.175 Prospect well

13.20.180 Secondary use

13.20.185 Service

13.20.190 Service connection

13.20.195 Therm

13.20.200 Thermal ground water

13.20.205 Underground reservoir

13.20.210 User

13.20.215 User service pipeline

13.20.220 Water well contractor and
drilling machine operator

13.20.225 Well

13.20.230 Well drilling machine

13.20.240 Rates, fees and charges

13.20.250 Service map - adoption of
standards

13.20.260 Conformity with general plan and
other ordinances

13.20.270 Appeal of administrative
decisions
Article II. City Heating Service

13.20.280 Administrative organizations and
principal functions

13.20.290 Boundary

13.20.300 Finances

13.20.310 Authorized facilities and other
heat sources

13.20.320 Improvement procedures

13.20.330 Service connection procedures

13.20.340 User service procedures

13.20.350 Terms and conditions of heating
service
Article III. Geothermal and Ground Water
Reservoir Management

13.20.360 Reservoir management policy

13.20.370 Existing wells

13.20.380 New wells

13.20.390 Injection wells

13.20.400 Resource data collection

13.20.410 City inspection and monitoring of
wells and geothermal facilities

13.20.420 Wasteful or defective wells -
repair - violation
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San Bernardino - Public Utilities12
Article IV. Private Heating Services

13.20.430 Establishment, services and
conditions
Article V. Enforcement

13.20.440 Enforcement
ARTICLE I. GENERAL ADMINISTRATIVE

PROVISIONS
§ 13.20.010 PURPOSE.
(A) The purpose of this chapter is to provide
comprehensive management of the geothermal
resources and thermal ground waters within and
adjacent to the city.
(B) In furtherance of this overall purpose, this
chapter is specifically intended to serve the following sub-purposes:
(1) Conservation and beneficial
management of geothermal resources and thermal
ground waters in a comprehensive and coordinated
manner, so as to assure their continued availability and productivity;
(2) Continued technical assistance for
individual private geothermal resource and thermal
ground water uses, including residential, commercial
and industrial activities;
(3) Maximization of the public welfare and
economic benefit to be derived from geothermal
resources and thermal ground waters, by extending
their availability throughout the city and elsewhere as much as practical with city and private heating
services;
(4) Minimization of the potential for
damage or degradation to geothermal resources and
thermal ground waters;
(5) Protection of the surface and subsurface
environment during development and utilization of
geothermal resources and thermal ground waters;
(6) Advancement of the scientific study of
geothermal resources and thermal ground waters,
through the collection and dissemination of resource
data and the demonstration of geothermal technologies;
(7) Implementation of the city’s general
plan and its goals and policies for geothermal
development and utilization; and
(8) Implementation of the authority and
provisions of the City Charter, § 40(u),
and any
amendments thereto; and coordinated with the
provisions of the Cal. Public Resources Code,
Division 3 and Division 6, and any amendments
thereto.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.020 SCOPE.

This chapter includes general provisions for
administration of this chapter; the establishment of,
and operating measures for, a city owned and operated
geothermal district heating service in the city and
elsewhere; the establishment of geothermal and
thermal ground water reservoir management
procedures; and authorization for certain private
geothermal heating services which will operate
independently of the city’s heating service.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.030 DEFINITIONS.

For the purpose of carrying out the intent of this
chapter, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed
to them in §§ 13.20.035 through 13.20.230.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.035 ALTERING.

ALTERING. The deepening, recasing,
perforating, reperforating, installation of packers or

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Geothermal Resources 13
seals and other material changes in the design of a
well.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.040 APPLICANT.

APPLICANT. The person making application for
a geothermal heating connection or geothermal heating
service from the city under the provisions of this
chapter.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.045 ARTESIAN FLOW.

ARTESIAN FLOW. The water discharging to the
natural ground surface if the flow is unrestricted.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.050 ARTESIAN WELL.

ARTESIAN WELL. A well taking water from an
aquifer holding water under pressure greater than
atmospheric pressure, which causes the water to seek
a static level above the wells juncture with the aquifer. (Ord. MC-298, passed 8-17-1983)
§ 13.20.055 BOARD.

BOARD. The Board of Water Commissioners of
the City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.060 BTU.

BTU. British thermal unit.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.065 BY-PRODUCT.

BY-PRODUCT. Any mineral or minerals,
exclusive of oil, hydrocarbon gas, helium or other
hydrocarbon substances, which are found in solution
or in association with geothermal resources, and which
have a value of less than 75% of the value of
geothermal resources or are not, because of quantity,
quality or technical difficulties in extraction and
production, of sufficient value to warrant extraction
and production by themselves.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.070 CITY.

CITY. The City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.075 CONSTRUCTING.

CONSTRUCTING. The boring, digging, drilling
or excavating of a well, including the installation of
casing or well screens.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.080 COUNCIL.

COUNCIL. The Mayor and Common
City
Council of the City of San Bernardino, sometimes
called “Common
City Council.”
(Ord. MC-298, passed 8-17-1983)
§ 13.20.085 DEPARTMENT.

DEPARTMENT. The City Municipal Water
Department of the City of San Bernardino.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.090 DRILLING A WELL.

DRILLING A WELL. The drilling, re-drilling or
deepening of a well.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.095 DRILLING SITE.

DRILLING SITE. Any site where drilling
operations will be, are being or have been undertaken
to construct or alter a well.

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San Bernardino - Public Utilities14
(Ord. MC-298, passed 8-17-1983)
§ 13.20.100 FRANCHISE.

FRANCHISE. An agreement granting a land
developer authorization to construct, operate and
maintain a private heating service.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.105 GENERAL MANAGER.

GENERAL MANAGER. Manager of the City
Municipal Water Department, or the Manager’s
authorized representative, sometimes referred to herein as MANAGER.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.110 GEOTHERMAL DATA CENTER.

GEOTHERMAL DATA CENTER. The city
office which acts as a geothermal information clearing
house and data repository and is maintained in the City Municipal Water Department.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.115 GEOTHERMAL FACILITY.

GEOTHERMAL FACILITY. Any space or
process, heating or cooling apparatus or system used
to pump, convey or transport geothermal resources or
thermal ground water, including, but not limited to,
ground water heat pumps, fluid heat exchangers, well
and circulating pumps, pipelines, valves, fittings or
controls.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.120 GEOTHERMAL FLUID.

GEOTHERMAL FLUID. Any fluid transporting
or capable of transporting geothermal heat.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.125 GEOTHERMAL HEAT.

GEOTHERMAL HEAT. Heat derived from
geothermal resources.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.130 GEOTHERMAL RESOURCES.

GEOTHERMAL RESOURCES. The natural heat
of the earth and the energy, in whatever form, below
the surface of the earth present in, resulting from or
created by, or which may be extracted from, the
natural heat, and all minerals in solution or other
products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found
below the surface of the earth, exclusive of oil,
hydrocarbon gas, helium or other hydrocarbon
substances, but including specifically:
(A) All products of geothermal processes,
embracing indigenous steam, hot water and hot brines;
(B) Steam and gases, hot water and hot brines
resulting from water, gas or other fluids artificially
introduced into geothermal formations;
(C) Heat or other associated energy found in
geothermal formations; and
(D) Any by-product derived from them.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.135 GROUN DWATER.

GROUND WATER. Any water, except capillary
moisture, beneath the land surface or beneath the bed
of any stream, lake, reservoir or other body of surface water, whatever may be the geological formation or
structure in which such water stands, flows, percolates or otherwise moves.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.140 HEAT RATE.

HEAT RATE. The user fee schedule charged by
the city for geothermal heat according to a rate
schedule adopted by a resolution of the Board.
(Ord. MC-298, passed 8-17-1983)

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Geothermal Resources 15
§ 13.20.145 HEATING SERVICE.

HEATING SERVICE. The provision of
geothermal heat by the city to a user pursuant to the
City Charter, and any amendment thereto, and the
provisions of Article II of this chapter.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.150 INHABITANT.

INHABITANT. Businesses and persons within
the city.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.155 INJECTION WELL.

INJECTION WELL. Any well or converted well
constructed to dispose of geothermal fluids or ground
water into an underground reservoir.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.160 OWNER.

OWNER. The holder of the record title to real
property or the vendee under a recorded land sale
contract or any lessee having a long-term leasehold
interest in the property.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.165 PERSON.

PERSON. An individual person, firm,
partnership, association, social or fraternal
organization, corporation, non-profit corporation,
trust, estate, receiver, syndicate, branch of
government or simila r entitie s, any group or
combination acting as a unit or the successors or
assigns of any of the aforesaid.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.170 POLLUTION.

POLLUTION. The contamination or other
alteration of the physical, chemical or biological
properties of any surface or ground waters which will
or can reasonably be expected to render such waters
harmful, detrimental or injurious to domestic,
commercial, industrial, agricultural, recreational or
other legitimate beneficial use.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.175 PROSPECT WELL.

PROSPECT WELL. Any well constructed or
altered as a geophysical test well, seismic shot hole,
mineral exploration drilling, core drilling or
temperature gradient test well, less than 2,000 feet in depth and constructed or altered specifically in
prospecting for geothermal resources.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.180 SECONDARY USE.

SECONDARY USE. Any use which receives the
city heating service from fluids discharged by a
foregoing use, prior to the return of such fluids to a
city heating service pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.185 SERVICE.

SERVICE. See heating service (§ 13.20.145).
(Ord. MC-298, passed 8-17-1983)

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San Bernardino - Public Utilities16
§ 13.20.190 SERVICE CONNECTION.

SERVICE CONNECTION. The part of the city
heating service distribution system which connects the
city’s meter and pipeline to the user’s pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.195 THERM.

THERM. A unit of measure consisting of
100,000 BTUs. This unit is used to measure delivered
geothermal heat for billing purposes.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.200 THERMAL GROUND WATER.

THERMAL GROUND WATER. Ground water
which is less than 250EF at bottom-hole temperature,
and possessing sufficient heat to be used for a direct
thermal application or in conjunction with a ground
water heat pump for which the heat is put to beneficial use.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.205 UNDERGROUND RESERVOIR.

UNDERGROUND RESERVOIR. An aquifer or
combination of aquifers or zones containing a common
geothermal and/or ground water resource.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.210 USER.

USER. A person who receives or is capable of
receiving geothermal heat from the city.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.215 USER SERVICE PIPELINE.

USER SERVICE PIPELINE. The private
pipeline that connects the user’s private heating system to the city’s meter and distribution pipeline.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.220 WATER WELL CONTRACTOR
AND DRILLING MACHINE OPERATOR.

WATER WELL CONTRACTOR AND
DRILLING MACHINE OPERATOR. As defined by
ordinance or state law, and any amendment thereto.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.225 WELL.

WELL. Any artificial opening or artificially
altered natural opening, however made, by which
geothermal fluids or ground water is sought or through
which geothermal fluids or ground water flows under
natural pressure or is artificially withdrawn or is used to operate a heat exchanger within the well; provided
that this definition shall not include a natural spring. (Ord. MC-298, passed 8-17-1983)
§ 13.20.230 WELL DRILLING MACHINE.

WELL DRILLING MACHINE. Any
power-driven percussion, rotary, boring, digging or
augering machine used in the construction or alteration of wells.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.240 RATES, FEES AND CHARGES.

The rates, service charges, connection fees and
such other charges as provided for by this chapter shall be established by resolution of the Board and may be
amended by resolution of the Board at any time. Rates
charged may be fixed and classified according to the
type of use or the amount of geothermal heat used or
any combination thereof. Such rates, fees and charges
shall not be changed without a public hearing first
being held before the Board. Such hearing shall be

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Geothermal Resources 17
advertised by published notice in a local newspaper of
general circulation not less than ten days prior to the date of such hearing, and in the geothermal heating
bills sent to users during the period of 30 days prior to the date of the hearing. Such notices shall set forth the time and place of the hearing and a summary of said
amendment.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.250 SERVICE MAP - ADOPTION OF
STANDARDS.
(A) San Bernardino geothermal heating service
map. The locations of heating service facilities are
established on the map entitled “San Bernardino
Geothermal Heating Service Map,” as presently on file
in the Geothermal Data Center, which map is
incorporated herein by reference. The map shall
hereinafter be referred to as the “heating service
map,” and shall be maintained on file in the
Geothermal Data Center. Any revisions or
replacement of this map shall be approved by
ordinance and shall be likewise filed and incorporated
into this chapter by reference.
(B) City Municipal Water Department
geothermal heating user service pipeline connection
standards. Pipeline connection standards shall be
established by the General Manager.
(C) City Municipal Water Department standards
for maintenance related surface discharge. The
General Manager may establish standards for
maintenance related surface discharges.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.260 CONFORMITY WITH GENERAL
PLAN AND OTHER ORDINANCES.

All actions pursuant to this chapter and all uses of
land in conjunction herewith shall conform to Title 19
of this code, the city’s general plan, all other
applicable code provisions and ordinances and
applicable state statutes.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.270 APPEAL OF ADMINISTRATIVE
DECISIONS.

Any decision rendered by administrative officials
of the Department pursuant to this chapter may be
appealed to the Board. Such appeal shall be in writing, shall identify the administrative decision appealed
from, the specific grounds for appeal and shall be filed with the General Manager not more than 14 days
following the date of the notice to the affected party of the administrative decision. The Board shall consider
the appeal at its next regular meeting following the
filing of the appeal, and upon considering all pertinent testimony and evidence, may sustain, modify or
reverse the decision appealed from. The Board shall
provide a written report of its decision to the affected party by certified mail within five days of the Board’s action.
(Ord. MC-298, passed 8-17-1983)
ARTICLE II. CITY HEATING SERVICE
§ 13.20.280 ADMINISTRATIVE

ORGANIZATIONS AND PRINCIPAL
FUNCTIONS.
(A) Officials. The Board shall act as the
governing body of the heating service, and the General
Manager shall act as the chief administrative officer of the service.
(B) Assignment of organizational responsibilities.

The General Manager may delegate
or assign responsibilities for heating service functions and activities to such divisions and personnel as the
General Manager may deem appropriate or necessary.
(C) Principal functions and activities. The
principal functions and activities of the heating service shall include, but not be limited to:
(1) The exploration for and confirmation of
geothermal resources and/or ground waters;
(2) The monitoring of geothermal and/or
ground water reservoirs and the management of

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San Bernardino - Public Utilities18
reservoir activities, so as to promote stable reservoir conditions and enhance reservoir productivity;
(3) The supplying, furnishing and selling of
geothermal heat to city inhabitants;
(4) The supplying, furnishing and selling of
any surplus geothermal heat over and above the
heating needs of the city to persons outside the city,
and for purposes deemed appropriate by the Board;
(5) The establishment and maintenance of
a Geothermal Data Center, where local geothermal
information and all geothermal records authorized or
required by this chapter shall be kept and made
available for public inspection and reproduction; a
registry of local wells and geothermal facilities shall be established and maintained at the Geothermal Data
Center;
(6) The sponsoring of and participation in
the scientific study and demonstration of geothermal
resources and technologies;
(7) Geothermal disposal drainage work as
authorized by city; and
(8) All other acts and things which may be
requisite, necessary or convenient in carrying out the
purpose of this chapter and state law.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.290 BOUNDARY.
(A) Establishment. The heating service boundary
shall encompass all land within the corporate limits of the city, as now or hereafter constituted, excluding all railroad rights-of-way pursuant to state law, unless the owner of the railroad property expressly consents to its inclusion.
(B) Extension of service outside city boundary.

Service shall normally be available only to users
located within the city boundary. However, the Board
may, by contract, extend service outside the boundary
in cases where such extension is deemed in the best
interests of the city, but only after determining that
such service capability is based upon a surplus of
geothermal heat existing over and above any and all
demands of the users within the city boundary.

Contracts for service outside the city boundary shall
condition continued service upon the continuance of
the surplus over city needs.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.300 FINANCES.
(A) Operational financing. Heating service
operations and maintenance, within or without the city
boundary, may be financed by one or more, or any
combination, of the following methods:
(1) Such rates, fees and charges as may be
required by this chapter;
(2) Annual ad valorem taxation in an
amount which shall not exceed the true cash value of
all taxable property within the city;
(3) General obligation bonds, upon
authorization of the city’s voters, in an amount which
shall not exceed in the aggregate 10% of the true cash
value of all taxable property within the city; such
general obligation bonds may be additionally secured,
by resolution of the Board, by pledging all or any part of the net revenue of the city’s heating service;
(4) Refunding bonds, of the same character
and tenor as those general obligation bonds replaced
thereby, by resolution of the Board;
(5) Revenue bonds pledging the gross
revenues of the city’s heating service, if approved by
the Council;
(6) Federal and state grants-in-aid, and
private endowments; and
(7) All other legal means.
(B) Improvement financing. Heating service
improvements, within or without the city boundary,
and including, but not limited to, the purchase, lease
or acquisition of real estate or equipment, and the
planning, design, construction, reconstruction,
extension, enlargement, purchase, lease or acquisition

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Geothermal Resources 19
of geothermal facilities, may be financed by one or
more, or any combination, of the following methods:
(1) Such rates, fees and charges as may be
required by this chapter;
(2) Annual ad valorem taxation, as specified
in division (A)(2) above;
(3) General obligation bonds, as specified
in division (A)(3) above;
(4) Revenue bonds secured by all or any
part of the heating service’s gross revenues subject to approval of the Council; such revenue bonds shall not
be subject to the percentage limitations applicable to
general obligation bonds, but shall be payable solely
from such part of the revenues of the heating service;
(5) Refunding bonds, of the same character
and tenor as those revenue bonds replaced thereby, by
resolution of the Council;
(6) Special assessments, pursuant to laws of
the state, and city procedures for local improvement
districts;
(7) Federal and state grants-in-aid, and
private endowments; and
(8) All other legal means.
(C) Special bond retirement financing. The city
may, by Council resolution, annually tax all taxable
property within the city, in an amount sufficient to pay the annual interest on general obligation bonds
theretofore issued by the city and then outstanding,
together with any portion of the principal of such
bonds maturing within the year.
(D) Refund of certain heating pipeline extension
costs. If any person is required by the Board, to
advance to the Board, the cost of extending a
geothermal heating pipeline adjacent to property other
than his or her own so that geothermal heating service
is provided for such other property without further
extension of the geothermal heating pipeline, the
Board shall require the owner of the other property,
prior to providing geothermal heating service to that
property, to pay to the Department a pro rata portion
of the cost of the extension, from which the Board
may refund all or a portion of such funds so advanced.

The right to require shall not continue for more than
ten years after the date of installation of the extension of the geothermal heating pipeline. The amount to be
refunded shall be determined by Board resolution.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.310 AUTHORIZED FACILITIES AND
OTHER HEAT SOURCES.
(A) Authorized facilities. In performance of the
functions and activities specified in § 13.20.280(C),
the Board may plan, design, construct, acquire, lease,
operate, maintain and improve a system of geothermal
facilities, which may include, but need not be limited
to, wells; heat exchangers; pumps for fluid extraction, circulation and injection; pipelines for conveying
fluids; disposal facilities; tanks for storing fluids; fluid or heat metering devices; and various testing
instruments and system control devices.
(B) Other heat sources. The Board may
authorize, by contract, the Department’s purchase and
distribution of heat generated by sources other than the city’s wells, in order to supplement the city’s
geothermal heat.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.320 IMPROVEMENT PROCEDURES.
(A) Authority to initiate improvement projects.

Improvement projects for the heating service shall be
initiated by the Board, upon its own motion or upon
the written petition of the owners of one-half of the
property that benefits specifically by the proposed
improvement. A study will be initiated by the Board to
assess economic feasibility.
(B) Compliance with state siting requirements.

All contemplated improvements shall comply with
applicable statutes and regulations of the state.
(C) Procedures for special assessments.

Whenever any heating service improvement is to be
paid for in whole or in part by special assessments

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San Bernardino - Public Utilities20
according to benefits, the Board shall administer such
assessment procedure in accordance with state law and
this code, and such other Board procedures applicable
to local improvement districts. Such assessments as are approved by the Board shall be subject to confirmation
by the Council.
(D) Means of improvements. The construction
work for improvements will be done in whole, or in
part, by the Board, by a contract or by any other
governmental agency, or by any combination thereof,
as authorized by the Board.
(E) Acquisition of private wells and geothermal
facilities. As provided for in § 13.20.300(B), the
Board may purchase, lease or receive as a gift, any
privately owned wells and/or geothermal facilities
within or without the city boundary, for purposes of
improving the heating services principal functions and
activities.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.330 SERVICE CONNECTION
PROCEDURES.
(A) Application procedure. Any person desiring
to connect a user pipeline to the city’s heating
distribution pipeline, or to connect a secondary use to a user’s discharge pipeline, may apply for such service connection with the Department on forms provided for
that purpose. The Department shall approve or deny
said application, in writing, within 14 days of its
filing.
(B) Service connection fees. Upon approval of a
service connection application, the applicant shall
remit a connection fee to the Department in an amount
to be established by resolution of the Board.
(C) Voiding. Failure to remit the fee in full, or
otherwise comply with fee requirements, within 14
days of the date of application approval, shall render
said approval void. The applicant shall be given
written notice of such voiding by certified mail.
(D) Service connection standards and
inspections. All user service pipeline connections to
the heating service system, including secondary use
connections, shall be completed under procedures
promulgated by the Department. All completed and
approved user service pipeline connections shall
remain inoperable, by Department deactivation of the
city heat meter, until such time as a service account is activated by the Department. All completed and
approved service connections shall be used only for the purpose expressly cited in the connection permit;
service users shall not, in any manner, otherwise
connect or divert the heat or fluid provided by the
service connection. The city shall not be liable for the materials, workmanship, operation or maintenance,
relating to the user service pipeline or to private
heating or cooling equipment installed beyond the
city’s service connection.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.340 USER SERVICE PROCEDURES.

The Board shall establish application procedures,
required service deposits, billing procedures, service
charges and procedures for delinquent accounts.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.350 TERMS AND CONDITIONS OF
HEATING SERVICE.

All heating services provided by the city shall be
subject to the following terms and conditions.
(A) Service accounts with all users outside the
city boundary shall be subject to immediate
cancellation of service whenever there exists no
surplus supply, of heat over and above any and all
demands of users within the city boundary.
(B) The Board reserves the right to cease
operation of the heating system, or any part thereof,
and cancel such services as may be provided by the
system, for reasons of emergency maintenance or
repairs as authorized by the General Manager. The
General Manager shall diligently endeavor to provide
user and public notice prior to such emergency actions
at the earliest time and most comprehensive extent.
(C) The city may, by Board resolution, establish
regular seasonal periods of heating service operation

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Geothermal Resources 21
and non-operation.
(D) The city shall assume no liability
whatsoever, direct or implied, for any user damages or
injuries incurred as a result of heating service
interruption or cancellation, when such interruption or cancellation is due to circumstances beyond the control of the city, or due to operational actions authorized by this chapter.
(E) The city shall not warrant or guarantee the
temperature or chemical quality of the fluid delivered
to users, but shall advise of the temperature or
chemical quality of the fluid delivered to the users as they occur. The city sh all not assume any liability
whatsoever, direct or implied, for corrosion, scaling
or similar physical degradation of user pipelines or
private heating or cooling equipment utilized beyond
each service connection.
(F) Force majeure: natural catastrophe, or other
causes beyond the reasonable control of the parties,
which prevent the Board from providing, or the user
from accepting, any of the Board’s services covered by
this chapter, shall operate to suspend the obligations of the user and the Board during the period required to
remove such cause; provided it is immediately
reported in writing within 48 hours of specific cause.
(Ord. MC-298, passed 8-17-1983)
ARTICLE III. GEOTHERMAL AND GROUND

WATER RESERVOIR MANAGEMENT
§ 13.20.360 RESERVOIR MANAGEMENT
POLICY.

In furtherance of the purposes of this chapter, it
shall be the policy of the city, in exercise of its powers to provide for the public health, safety and welfare,
that all wells existing on the effective date of this
chapter, and those constructed or altered thereafter, be used in such a manner as to:
(A) Conserve and protect the geothermal fluids
and ground water within and adjacent to the city, in
order to enhance reservoir productivity and benefit;
prevent wasteful extraction and disposal of geothermal
fluids and thermal ground water; prevent geothermal
fluid and thermal ground water temperature
degradation; maintain stable static levels of geothermal fluids and thermal ground waters; prevent thermal
pollution of surface environs and waters; and prevent
harmful intermixing of geothermal fluids or thermal
ground water with non-thermal ground waters;
(B) Allow continued individual inhabitant
utilization of geothermal fluids and thermal ground
water for residential, commercial, industrial and other legitimate beneficial purposes;
(C) Increase and disseminate the scientific
knowledge of geothermal and ground water resources;
and
(D) Protect the public health, safety and welfare
from improperly constructed, operated, maintained or
abandoned wells.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.370 EXISTING WELLS.
(A) Existing wells meaning. All wells existing or
under construction within the city on the effective date of this chapter shall be known as existing wells, and
shall be subject to the requirements of this article.
(B) Registration of existing wells. Owners of
existing wells, within and without the city, may
register their wells with the Geothermal Data Center
as soon as this chapter becomes effective. Such
registration shall be voluntary and without cost to the owner, and shall be for purposes of providing
information to the Geothermal Data Center in
accordance with § 13.20.280(C)(5). Said registration
shall be on forms supplied by the Geothermal Data
Center for that purpose, and may include, but not be
limited to, the name and address of the owner, specific location of the well, date of construction, depth and
diameter of the well, specifications of casing, bottom
hole temperature, static fluid or water level, type of
geothermal utilization system, accessibility for
monitoring devices and disposal method, if any. The

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San Bernardino - Public Utilities22
General Manager shall direct reasonable public notice
to the city’s inhabitants at large, explaining the
registration program and encouraging participation.
(C) Existing surface discharge elimination. In
order to eliminate the wasteful and harmful effects of
thermal fluid or water surface discharges, any well or
geothermal facility discharging geothermal fluids or
thermal ground water onto the surface of the ground or
into any public ditch or drainage facility, on the
effective date of this chapter, shall be brought into
conformity with all applicable environmental
requirements within one year of such effective date.

The General Manager shall cause such discharging
wells or facilities to be identified by the Geothermal
Data Center, and shall cause to be offered technical
assistance to affected owners during the conversion or
abandonment of such discharging wells or facilities.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.380 NEW WELLS.
(A) New wells meaning. All wells constructed or
altered within the city subsequent to the effective date of this chapter shall be known as new wells, and shall
be subject to the requirements of this article.
(B) Application for well permit. In addition to all
applicable state and federal requirements, any person,
except the Board, desiring to construct, install or alter a well within the city shall first apply for a well permit at the Geothermal Data Center on forms provided for
that purpose by the Geothermal Data Center. Well
contractors or drilling operators shall not commence
construction or alteration of a well prior to the owner of a proposed well receiving a well permit.
(C) Application fee. All applications for a well
permit shall be accompanied by an application fee
established by Board resolution.
(D) Application review. The General Manager
shall review each application to determine any
potential impacts upon the city heating service; any
potential for adverse effects to the surrounding
reservoir and other wells; conformity with city plans
and ordinances; and to assure registration with the
Geothermal Data Center.
(E) Permit decision. No later than 21 days from
the date of filing a well permit application, using the criteria contained in division (F) below, the General
Manager shall notify the applicant, by certified mail,
of his or her decision, setting forth any conditions
imposed, and, if denied, the basis thereof. Any well
permit issued pursuant to this chapter is in addition to any permits required by state and federal regulations.
(F) Permit decision criteria. Permit decisions
pursuant to division (E) above shall contain written
findings for approval or denial which may include, but
are not limited to, the following criteria:
(1) The estimated hydrological impacts of
the proposed wells operation upon the reservoir and
surrounding wells;
(2) The adequacy of provisions for
environmental protection and public safety;
(3) The compliance of the proposed well
and its use with this chapter, the city’s general plan
and all other applicable city laws, ordinances and
regulations; and
(4) Such other reservoir management
criteria as may be deemed directly relevant to the
proposed well or its operation.
(G) Appeal of permit decision. Applicants or
other affected persons may appeal the permit decision
to the Board in accordance with § 13.20.270.
(H) Authority to attach conditions to permits.

When the General Manager determines that certain
construction or operational conditions are necessary to assure the conservation and protection of thermal
ground water and/or geothermal resources, or to
assure the conservative and efficient utilization of said water and/or resources, the General Manager may
stipulate conditions within a well permit issued
according to division (E) above; such conditions may
include, but are not limited to:
(1) Restrictions on hours of well
construction, with appropriate requirements for noise
muffling and waste disposal necessary to assure
compatibility with surrounding land uses;

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Geothermal Resources 23
(2) Well casing requirements above and
beyond state requirements, necessary for ground water
and geothermal fluid protection;
(3) Restrictions on pumping, heat
exchanging, storage and injection operations necessary
for the conservation or protection of ground waters
and geothermal fluids; and
(4) Requirements for scientific sampling,
testing or monitoring necessary to conserve or protect
ground water or geothermal fluids, or to determine the
permitted wells impacts on such water or fluids.
(I) Completion inspection. Upon completion of
any well construction or alteration, but prior to any
testing or commencement of regular use, the owner
shall promptly notify the Geothermal Data Center to
request a well completion inspection. Promptly after
receiving such request, the Board shall cause an
inspection and written report thereof to be made for
purposes of assuring compliance with this chapter and
registration with the Geothermal Data Center. Notice
of well pump testing shall be given in accordance with
§ 13.20.400(C).
(J) New surface discharges. Any well or
geothermal facilities constructed or altered after the
effective date of this chapter shall be operated or
altered in such a manner as to conform with applicable
environmental rules and regulations. Surface
discharges for maintenance purposes shall be
conducted in accordance with applicable environmental
rules and regulations.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.390 INJECTION WELLS.

Filing of application copy: all wells constructed,
operated or maintained for purposes of injecting
geothermal fluids or ground water into the ground
shall comply with applicable state statutes and rules
relating to injection.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.400 RESOURCE DATA COLLECTION.
(A) Annual well survey. The Geothermal Data
Center, in accordance with § 13.20.280(C), shall
annually mail to all registered well owners, within and without the city, a questionnaire to update original
registration information and to document, to the extent possible, well operation characteristics of the
preceding year. Scheduling of the survey shall be
determined by the General Manager and response to it
shall be voluntary. The city may issue such surveys on
a more frequent and geographically selective basis
when investigating specialized geothermal or ground
water matters.
(B) Well-drilling data. A copy of all well logs
prepared in accordance with state or city law shall be
furnished to the Geothermal Data Center within 30
days after the completion of the well construction or
alteration by the well contractor or drilling operator. (C) Well maintenance or pumping notice. No less
than 24 hours prior to performing any well
maintenance or maintenance-related well pumping
within the city, the person performing said work shall
notify, telephonically or by written or personal
message, the Geothermal Data Center. Such
notification shall include, but need not be limited to, the nature of maintenance or pumping to be
performed, well location, name of owner and the
approximate duration of the work. Notice of
maintenance necessary for emergency reasons for
which advance notice was impossible may be given to
the Geothermal Data Center as soon as such
emergency conditions will reasonably permit.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.410 CITY INSPECTION AND

MONITORING OF WELLS AND
GEOTHERMAL FACILITIES.
(A) In connection with the principal functions
and activities of the city heating service, Board
officials may enter upon any property within the city
for purposes of inspecting wells and geothermal
facilities, or monitoring the operational characteristics of such wells and facilities, when such inspection and
monitoring is reasonably necessary to the assessment
of ground water or geothermal fluid temperatures,
chemistry, static levels, quantities and movements; the

Packet Page. 1304

San Bernardino - Public Utilities24
assessment of land subsidence or erosion; or the
assessment of other indices related to geothermal or
ground water reservoir management, or protection of
the public safety and welfare.
(B) The Board shall provide affected property
owners with reasonable prior notice of any intended
inspection or monitoring, describing the nature,
purpose and duration of the necessary inspection or
monitoring; such inspections or monitoring shall be
conducted in accordance with applicable city and state
procedures for inspection warrants, if the land owner
or other person in possession objects to any such
inspection or monitoring.
(Ord. MC-298, passed 8-17-1983)
§ 13.20.420 WASTEFUL OR DEFECTIVE
WELLS - REPAIR - VIOLATION.

Whenever the General Manager determines that
any well within the city is, by nature of its
construction, installation or operation, causing
wasteful use of thermal ground water or geothermal
fluids, or is adversely interfering with other wells, or is polluting ground water or surface water, the General Manager shall promptly notify the affected owner, by
certified mail, of the wasteful or defective well, and
require said owner to repair or adjust the well within
60 days. It is unlawful to fail to repair a well or to
continue a wasteful or defective operation after
expiration of the 60 days following notification.

AndAny violation of this section is an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(Ord. MC-298, passed 8-17-1983; Ord. MC-460,
passed 5-15-1985)
ARTICLE IV. PRIVATE HEATING SERVICES
§ 13.20.430 ESTABLISHMENT, SERVICES
AND CONDITIONS.
(A) Authorization for establishment. The Board
may, by resolution, authorize the establishment and
operation of private geothermal heating services within the city boundary upon application therefor by any
person. Such application shall be in a manner and
form prescribed by and filed with the General
Manager.
(B) Authorized services. Private heating services
may provide geothermal heating, when specifically
authorized by the Board, for the following uses:
(1) Less than six structures, excepting
structures containing accessory uses, as such uses are
defined in Title 19; and
(2) Six or more structures in new land
developments whose developers have also been
granted a franchise by the Board for the construction,
operation and maintenance of a private heating service.

Such franchise shall be individually negotiated between the Board and the developer; however, any such
franchise shall contain the following minimum
provisions: the franchise shall be for no longer than 20 years; the franchise shall require that such land
developer compensate the Board annually with a
franchise fee in an amount to be negotiated; and that
such franchised geothermal heating systems shall be
subject to board acquisition at depreciated fair market value upon the expiration of the franchise.
(C) Conditions of authorization. All private
heating services authorized by the Board shall be
subject to the following conditions:
(1) All private heating service plans,
improvements, construction, facilities, operations,
maintenance and scientific research shall comply with
Title 19, this chapter and all other applicable city
ordinances;
(2) All private heating service properties
and facilities shall be subject to Board inspection in
accordance with § 13.20.410; and
(3) All private heating services shall
maintain and make available for board inspection, such
operational and maintenance records as may be
stipulated by the Board at the time of authorization.
(D) Private heating service facility standards.

Private heating service facility standards and

Packet Page. 1305

Geothermal Resources 25
improvement plans, including, but not limited to,
wells, pumps, pipelines, storage tanks, fittings and
control devices, shall be approved in writing by the
General Manager, prior to their acquisition,
construction, installation or operation.
(E) State jurisdiction. Board authorization shall
not relieve private heating services from requirements
which may be imposed upon public utility or private
heating services by state statutes or rules.
(Ord. MC-298, passed 8-17-1983)
ARTICLE V. ENFORCEMENT
§ 13.20.440 ENFORCEMENT.
(A) Responsible official. The General Manager,
or his or her authorized representative, shall be
responsible for enforcing this chapter.
(B) Violations. Any person violating any
provision of this chapter is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(C) Equity. In addition to any other remedies
provided by law, the Board, or its authorized
representative acting for and on behalf of the Council, may institute injunction, mandamus, abatement or any
other appropriate proceedings to prevent or
temporarily or permanently enjoin or abate the
violation of any provisions of this chapter.
(D) User non-compliance. In addition to other
enforcement measures provided by this chapter, the
Board may discontinue heating service to any user who
fails to comply with provisions of this chapter after 14- day written notice to comply, sent by certified mail to said user. Said notice shall include an explanation of
the Board’s intent to discontinue service, and shall
offer the user an administrative hearing before an
authorized Board representative in order to resolve the dispute. If no hearing is requested, or if the hearing
fails to resolve the dispute, the Department may
proceed to discontinue service as scheduled.
(Ord. MC-298, passed 8-17-1983; Ord. MC-460,
passed 5-15-1985)

Packet Page. 1306

San Bernardino - Public Utilities26

Packet Page. 1307

CHAPTER 13.24: WATER SUPPLY SYSTEM
Section[Reserved]
Editor’s note:

In accordance with § 603 of the City Charter, the Water Board shall be responsible for oversight and management of the city's water supply, including the regulation of water facilities. Any rules or regulations promulgated by the Water Board in connection with its powers under § 603 of the City Charter may be enforced as laws of the city in accordance with Chapter 2.28 of this municipal code.

13.24.010 Purpose

13.24.020 Definitions

13.24.030 Investigation of facilities and
distribution system

13.24.040 Reports

13.24.050 Administrative variance

13.24.060 Hearing upon suspension, denial
or revocation of permit

13.24.070 Water Hygiene Standards
Advisory Committee

13.24.080 Responsibility of enforcement

13.24.090 Design, construction, operation,
maintenance, repair and
monitoring standards

13.24.100 Permit - required

13.24.110 Permit - conditions of approval

13.24.120 Permit - temporary

13.24.130 Permit - denial

13.24.140 Permit - revocation

13.24.150 Modifications to system - notice
required

13.24.160 Monitoring

13.24.170 Water quality standards

13.24.180 Water quantity, source and storage
requirements

13.24.190 Required separation between water
mains and sanitary sewers

13.24.200 Backflow and cross-connection
control

13.24.210 Treatment facilities and operation

13.24.220 Correction of sanitary defects and
health hazards

13.24.230 Notification of failure to meet
water quality standards

13.24.240 Permits for wells - required

13.24.250 Permits for wells - application

13.24.260 Permits for wells - conditions for
approval

13.24.270 Permits for wells - denial

13.24.280 Licensing and registration of water
well drillers and contractors

13.24.290 Standards for construction of wells

13.24.300 Lateral (horizontal) well standards

13.24.310 Approval of well site

13.24.320 General location of water well

13.24.330 Log of well

13.24.340 Well surface construction features

13.24.350 Disinfection of water wells

13.24.360 Water quality standards

13.24.370 Required inspection of wells

13.24.380 Approval of wells by Director

13.24.390 Well abandonment

13.24.400 Declaration of proposed reuse of
wells

13.24.410 Duties of Director

13.24.420 Director’s right of entry

13.24.430 Violation - right of entry - penalty

13.24.440 Reserved
§ 13.24.010 PURPOSE.

The purpose of this chapter is to assure that the
water furnished or supplied by the domestic water
supply system, under the jurisdiction of the city, shall, 27 Packet Page. 1308

San Bernardino - Public Utilities28
at all times, be pure, wholesome, potable, healthful
and in adequate supply and to provide minimum
standards for construction, reconstruction,
abandonment and destruction of wells in order to:
(A) Protect underground water resources; and
(B) Provide safe water to persons within the city.
(Ord. 3475, passed 1-22-1975)
§ 13.24.020 DEFINITIONS.

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

ABANDONED WELL and ABANDONMENT.

Apply to a well which has not been declared for reuse
by the legal owner with the Director. Test holes and
exploratory holes shall be considered ABANDONED
24 hours after construction and testing work has been
completed. A well whose original or functional
purpose and use have been permanently discontinued
or which is in such a state of disrepair that it cannot be made functional for its original purpose or any other
function regulated by this chapter shall be considered
an ABANDONED WELL.

AGRICULTURAL WELL. Any water well used
to supply water for irrigation or other agricultural
purposes, including so-called “stock wells.”
CATHODIC PROTECTION WELL. Any
artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or
facilities for the protection electrically of metallic
equipment in contact with the ground, commonly
referred to as cathodic protection.

COMMUNITY WATER SUPPLY WELL. Any
well which provides water for domestic water supply
systems.

CONTAMINATION. An impairment of the
quality of water of the city by wastes or other
degrading elements to a degree which creates a hazard
to the public health through the possibility of poisoning or through the possibility of the spreading of disease.

CROSS-CONNECTION. Any unprotected
connection between any part of a water system used or
intended to supply water for domestic purposes and
any source or system containing water or other
substance that is not or cannot be approved as safe,
pure, wholesome and potable for human consumption.

CUSTOMER SYSTEM. Those parts of the
facilities beyond the termination of the distribution
system which are utilized in conveying water to points
of use beyond point of delivery.

DEPARTMENT. The County Department of
Environmental Health Services.

DIRECTOR. The County Director of
Environmental Health Services, or his or her duly
authorized representative.

DISTRIBUTION SYSTEM. Includes the
facilities, conduits or any other means used for the
delivery of water from the source facilities to the
customer’s system.

DOMESTIC WATER SUPPLY SYSTEM. Any
water system serving two or more places of human
habitation where the places are connected by an
integrated pipe system owned and operated by the
supplier, and all motels, hotels, mobile home parks,
campgrounds, resorts and any other places that provide
domestic water to their consumers, tenants, renters or
customers from a water source other than a water
utility operating under a valid permit.

INDIVIDUAL DOMESTIC WELL. Any well
used to supply water for domestic needs of an
individual residence or commercial establishment.

LATERAL (HORIZONTAL) WELL. A well
drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical
well and does not include horizontal drains or “wells”
constructed to remove subsurface water from hillsides,
cuts or fills.

OBSERVATION WELL. A well used for
monitoring or sampling the conditions of a
water-bearing aquifer, such as water pressure, depth,
movement or quality.

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PERSON. Any individual, firm, corporation or
governmental agency.

POLLUTION.
(1) Means an alteration of the quality of the
waters of the city by waste to a degree which affects:
(a) Such waters for beneficial uses; or
(b) Facilities which serve such
beneficial uses.
(2) POLLUTION may include
CONTAMINATION.

SOURCE FACILITIES. Includes wells, stream
diversion works, infiltration galleries, springs,
reservoirs, tanks and all other facilities used in the
production, treatment, disinfection, storage or delivery of water to the distribution system.

TEST HOLE or EXPLORATORY HOLE. An
excavation used for determining the nature of
underground geological or hydrological conditions,
whether by seismic investigation, direct observation or any other means.

USER. Any individual, firm, corporation or
governmental agency using water for domestic
purposes except that USER shall not be defined to
include any individual, firm, corporation or
governmental agency furnishing or supplying water to
the public in any manner.

WELL or WATER WELL. Any artificial
excavation constructed by any method for the purpose
of extracting water from, or injecting water into, the
ground. This definition shall not include:
(1) Oil and gas wells, or geothermal wells
constructed under the jurisdiction of the State
Department of Conservation, except those wells
converted to use as water wells; or
(2) WELLS used for the purpose of:
(a) Dewatering excavation during
construction; or
(b) Stabilizing hillsides or earth
embankments.
(Ord. 3475, passed 1-22-1975)
§ 13.24.030 INVESTIGATION OF FACILITIES
AND DISTRIBUTION SYSTEM.

Upon receipt of application for a permit pursuant
to this chapter, the Department shall make a thorough
investigation of the proposed or existing source
facilities and distribution system and all other
circumstances and conditions which it deems material.
(Ord. 3475, passed 1-22-1975)
§ 13.24.040 REPORTS.

The Department may require any permit holder or
applicant to file a complete report on the condition and operation of the source facilities and distribution
system. The report shall be made in such form and
cover such matters as the Department prescribes and
by a suitably qualified person acceptable to the
Department at the sole cost and expense of the permit
holder or applicant.
(Ord. 3475, passed 1-22-1975)
§ 13.24.050 ADMINISTRATIVE VARIANCE.

The Director may grant an administrative
variance to the provisions of this chapter where
evidence is submitted that a modification of the
standards, as provided herein, will not endanger the
health or safety of the public generally and strict
compliance would be unreasonable in view of all the
circumstances.
(Ord. 3475, passed 1-22-1975)
§ 13.24.060 HEARING UPON SUSPENSION,
DENIAL OR REVOCATION OF PERMIT.

Any person whose application for a permit, or
permit has been suspended, denied or revoked, may
request the Department for a hearing. The person shall
file with the Department a written petition requesting
the hearing and setting forth a brief statement of the

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grounds for the request. Notice of the hearing shall be given the applicant not less than five days prior to such hearing either by registered mail or in the manner
required for the service of summons in civil action. At the time and place set for the hearing, the Director will give the applicant and other interested persons an
adequate opportunity to present any facts pertinent to
the matter at hand. The Director may, when he or she
deems it necessary, continue any hearing by setting a
new time and place and by giving notice to the
applicant of such action. At the close of the hearing or at any time within ten days thereafter, the Director
will order such disposition of the application or permit as he or she has determined to be proper and will
make such disposition known to the applicant.
(Ord. 3475, passed 1-22-1975)
§ 13.24.070 WATER HYGIENE STANDARDS
ADVISORY COMMITTEE.

The Water Hygiene Standards Advisory
Committee, consisting of seven persons who shall be
appointed by the County Board of Supervisors,
pursuant to the provisions of Division 6, Title 3 of the San Bernardino County Code, shall function as the
City Water Hygiene Standards Advisory Committee.
(Ord. 3475, passed 1-22-1975)
§ 13.24.080 RESPONSIBILITY OF
ENFORCEMENT.

The County Department of Environmental Health
Services shall have the responsibility to monitor and
enforce all applicable laws and orders for domestic
water supply systems with less than 200 service
connections and any motels, hotels, mobile home
parks, campgrounds, resorts and any other places that
provide water to its consumers, tenants, renters or
customers from a source other than a water utility
operating under a valid permit.
(Ord. 3475, passed 1-22-1975)
§ 13.24.090 DESIGN, CONSTRUCTION,

OPERATION, MAINTENANCE, REPAIR AND
MONITORING STANDARDS.

Minimum standards for the design, construction,
operation, maintenance, repair and monitoring for
domestic water systems requiring a permit by this
chapter shall also include those standards in the Cal.

Health and Safety Code, Division 5, Part 1, Chapter
7, “Water and Water Systems”; and Cal.

Administrative Code, Title 17, Part 1, Chapter 5,
Subchapter 1:
(A) Water Quality Monitoring, §§ 7001—7025;
(B) Water Quality Standards, §§ 7001—7025;
(C) Waterworks Standards, §§ 7050—7081;
(D) Cross-Connection Control, §§ 7583—7622;
and
(E) Operator Certification, §§ 7100—7134.
(Ord. 3475, passed 1-22-1975)
§ 13.24.100 PERMIT - REQUIRED.

It is unlawful for any person to furnish or supply
water to a user for domestic purposes from any source
of water supply unless he or she first files a written
application to do so with the Department and receives
and possesses a valid permit as provided in
§§ 13.24.110 through 13.24.140.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.110 PERMIT - CONDITIONS OF
APPROVAL.

Permits shall be issued subject to compliance with
the standards provided in this chapter and with the
submission and subsequent approval by the
Department of plans demonstrating compliance with
these standards, except where such standards shall be
inapplicable or modified as expressly provided for in
this chapter. Permits may also include any other
condition or requirement found by the Department to
be necessary to accomplish the purpose of this chapter. (Ord. 3475, passed 1-22-1975)

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§ 13.24.120 PERMIT - TEMPORARY.

The Department may, for good cause, grant a
temporary permit to any person who has filed an
application for a permit, as provided in § 13.24.100,
upon such terms as it determines are in the public
interest pending completion of the investigation
required by § 13.24.030.
(Ord. 3475, passed 1-22-1975)
§ 13.24.130 PERMIT - DENIAL.

If, upon the completion of the investigation, the
Department determines, as a fact, that the water
furnished or supplied or proposed to be supplied is
such that under any circumstances and conditions it is
impure, unwholesome, unpotable or may constitute a
menace or danger to health or lives of human beings,
or the existing or proposed source facility or
distribution system is unhealthful or insanitary or not suited to the production and delivery of pure,
wholesome, potable and healthful water at all times, it shall deny the application and order the applicant to
make such changes as it deems necessary to secure a
continuous supply of pure, wholesome, potable and
healthful water.
(Ord. 3475, passed 1-22-1975)
§ 13.24.140 PERMIT - REVOCATION.

Any permit issued may be revoked or suspended
by the Department at any time if it determines that the water being supplied or furnished by the permittee is
or will become impure, unwholesome, unpotable or
endanger the lives or health of human beings.
(Ord. 3475, passed 1-22-1975)
§ 13.24.150 MODIFICATIONS TO SYSTEM -
NOTICE REQUIRED.

It is unlawful for any person to modify, add to or
change his or her source facilities or distribution
system until he or she notifies the Department, submits information required by the Department and receives
approval from the Director authorizing such
modifications, additions or changes.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.160 MONITORING.

Any person who furnishes or supplies water to a
user for domestic purposes shall provide, at such
person’s expense, analysis of such water to the
Department as per Cal. Administrative Code, Title 17,
“Domestic Water Supplies Quality and Monitoring.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.170 WATER QUALITY STANDARDS.

All water sources used for domestic water supply
shall meet the minimum standard in Cal.

Administrative Code, Title 17, “Domestic Water
Supplies Quality and Monitoring.”
(Ord. 3475, passed 1-22-1975)

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§ 13.24.180 WATER QUANTITY, SOURCE AND
STORAGE REQUIREMENTS.

The quantity of water available from all water
sources and distribution storage reservoirs shall be as per Table 1 and Table 2 below.

Table 1
Gravity Storage System
Source and Storage Capacity
Minimum Use
Recreational Dwelling with No Irrigation
Median Use
Typical or Average Residence and
Lot
High Use
Residence with Large Lot
No. of Service
Connections
Source
Capacity (gpm)
Storage
Capacity (gals)
Source
Capacity (gpm)
Storage
Capacity (gals)
Source
Capacity (gpm)
Storage
Capacity (gals)
10 11 3,500 17 4,000 28 4,900
20 19 6,900 32 7,800 53 9,600
30 26 10,100 45 11,400 75 14,100
40 33 13,100 57 14,800 95 18,400
50 40 15,900 69 18,000 115 22,500
60 46 18,500 80 21,000 134 26,400
70 52 20,900 90 23,800 151 30,200
80 58 23,100 100 25,400 167 33,900
90 64 25,100 109 27,800 181 37,500
100 69 27,000 117 30,100 195 41,000
120 74 30,500 133 34,500 220 47,700
140 79 33,600 149 38,900 245 54,000
160 84 36,400 165 43,300 270 59,900
180 89 39,200 181 47,700 295 65,400
200 94 42,000 197 52,200 320 70,500
“Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health,
Water Sanitation Section, 1967
Ord. 3475, passed 1-22-1975

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Water Supply System 33
Table 2
Pressure Tank System
Source Capacity
Minimum Use
Recreational Dwelling with No Irrigation
Median Use
Typical or Average Residence
and Lot
High Use
Residence with Large Lot
No. of Service Connections Source Capacity
(gal. per min.)
Source Capacity
(gal. per min.)
Source Capacity
(gal. per min.)
10 40 50 69
20 77 97 133
30 110 140 193
40 142 180 248
50 174 219 302
60 200 255 354
70 226 288 403
80 251 312 449
90 273 341 494
100 294 367 537
120 328 420 618
140 363 473 695
160 387 526 770
180 416 579 840
200 444 630 908
“Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health,
Water Sanitation Section, 1967
Ord. 3475, passed 1-22-1975
(Ord. 3475, passed 1-22-1975)

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San Bernardino - Public Utilities34
§ 13.24.190 REQUIRED SEPARATION

BETWEEN WATER MAINS AND SANITARY
SEWERS.

Underground street utility location for water and
sewer mains shall conform to the standards contained
in the current County Road Department publication
entitled “Standard Specifications, Drawings 310 and
311;” the State Department of Health bulletin entitled
“Required Separation Between Water Mains and
Sanitary Sewers;” and any standards established by the
city.
(Ord. 3475, passed 1-22-1975)
§ 13.24.200 BACKFLOW AND
CROSS-CONNECTION CONTROL.

Every person furnishing or supplying water to
users shall, by approved methods, prevent water from
unapproved sources or any other substances from
entering the domestic water system and shall conform
to the standards of Cal. Administrative Code, Title 17, “Cross-Connection Control.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.210 TREATMENT FACILITIES AND
OPERATION.

Treatment facilities and operation shall be
provided as required by the Department on a
case-by-case basis. Treatment of all surface waters
shall be provided and shall include, but not be limited to, reliable disinfection.
(Ord. 3475, passed 1-22-1975)
§ 13.24.220 CORRECTION OF SANITARY
DEFECTS AND HEALTH HAZARDS.

The Department may order such repairs,
alterations or additions to the proposed or existing
source facilities and distribution system as will ensure that the water furnished or supplied shall, at all times, be pure, wholesome, potable and healthful without
danger to the health of human beings.
(Ord. 3475, passed 1-22-1975)
§ 13.24.230 NOTIFICATION OF FAILURE TO
MEET WATER QUALITY STANDARDS.
(A) When it is determined by the Department
that it is in the public interest, the Department shall notify a person who has not met the standards of the
Department for water quality of such non-compliance,
and shall require such person to notify each of his or
her customers in writing of the Department’s
determination that the quality of the water fails to
comply with the standards, requirements or conditions
established by the Department and to include any
comments of the Department regarding the possible
dangers because of such non-compliance. The content
of such statement shall be approved by the Department
prior to distribution. Notification by such person shall be repeated at intervals as required by the Department
or until the Department determines that the quality of
the water complies with the standards or requirements
of the Department.
(B) Any person who fails to comply with the
provisions of this section is guilty of an infraction,
which, upon conviction thereof, is punishable in
accordance with the provisions of § 1.12.010.
(C) After 90 days from the date of notification
that the quality of domestic water fails to comply with the standards or requirements established by the
Department, the Department may bring an action in
the Superior Court where such person shall be
required to establish that he or she is not in violation of these requirements or that he or she has a
reasonable plan for bringing the source facilities,
distribution system and the domestic water into
compliance. If this is not established, a cease and
desist order shall be issued to prevent any new service connection by such person until such time that the
standards or requirements are met.

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Water Supply System 35
(D) If a reasonable plan is established, but is not
being complied with, the Department shall request that
the court review the person’s actions. If the court
determines that the plan is not being complied with, a
cease and desist order shall be issued as described in
division (C) above.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.240 PERMITS FOR WELLS -
REQUIRED.

It is unlawful for any person, as principal, agent
or employee, to dig, drill, bore, reconstruct or
destroy:
(A) A well that is or has been used to produce or
inject water;
(B) A cathodic protection well;
(C) An observation well; or
(D) An exploration well unless he or she first
files a written application to do so with the Department and receives and possesses a valid permit as provided
in this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.250 PERMITS FOR WELLS -
APPLICATION.

Applications for permits shall be submitted to the
Department and shall include the following:
(A) A plot plan showing the location for the well
with respect to the following items within a radius of
500 feet from the well:
(1) Property lines, including ownership;
(2) Sewage or waste disposal systems or
works for carrying or containing sewage or waste;
(3) All intermittent or perennial, natural or
artificial bodies of water or watercourses;
(4) The approximate drainage pattern of the
property;
(5) Other wells, including abandoned wells;
and
(6) Access road(s) to well site.
(B) Location of the property (legal description);
(C) The name and contractor’s license
classification, including number, of the person
constructing the well;
(D) The proposed or probable depth of the well;
(E) The proposed minimum depths and types of
casing and probable minimum depth of perforations to
be used if such data can be reasonably projected;
(F) The proposed use of the well;
(G) Where proposed work is reconstruction or
destruction of a well, provide the following, if
available:
(1) Total depth;
(2) Depth and type of casing used;
(3) Depth of perforations;
(4) Well log; and
(5) Any other pertinent information.
(H) Description of method of reconstruction or
destruction of well;

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San Bernardino - Public Utilities36
(I) Location and classification of any solid waste
disposal sites within two miles of the proposed well;
and
(J) Other information as may be necessary to
determine if the underground waters will be adequately
protected.
(Ord. 3475, passed 1-22-1975)
§ 13.24.260 PERMITS FOR WELLS -
CONDITIONS FOR APPROVAL.

Permits shall be issued subject to compliance with
the standards provided in §§ 13.24.240 through

13.24.270 and with the submission and subsequent
approval by the Department of plans demonstrating
compliance with these standards, except that such
standards shall be inapplicable or modified as
expressly provided for in §§ 13.24.240 through

13.24.270. Permits may also include any other
condition or requirement found by the Department to
be necessary to accomplish the purposes of
§§ 13.24.240 through 13.24.270.
(Ord. 3475, passed 1-22-1975)
§ 13.24.270 PERMITS FOR WELLS - DENIAL.

If, upon the completion of the investigation, the
Department determines, as a fact, that the standards of this chapter have not been met, it shall deny the
application.
(Ord. 3475, passed 1-22-1975)
§ 13.24.280 LICENSING AND REGISTRATION

OF WATER WELL DRILLERS AND
CONTRACTORS.

It is unlawful for any person to engage in an
activity listed in this chapter unless he or she is in
compliance with the provisions of this chapter and has
a valid license in accordance with the California
Contractor’s State License Law (Cal. Business and
Professions Code, Division 3, Chapter 9), as
appropriate to the activity to be engaged in. Such a
person shall register with the Department prior to
commencing any activity regulated by this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.290 STANDARDS FOR CONSTRUCTION
OF WELLS.

Standards for the construction, reconstruction,
destruction or abandonment of wells shall be the
standards recommended in the State Department of
Water Resources Bulletin No. 74, Chapter II. For
cathodic protection wells, the standard shall be those
recommended in Chapter II of the State Department of
Water Resources Bulletin No. 74-1.
(Ord. 3475, passed 1-22-1975)
§ 13.24.300 LATERAL (HORIZONTAL) WELL
STANDARDS.

Location, design and monitoring of lateral wells
will be in accordance with the standards recommended
in the State Department of Health, Water Sanitation
Section, handout titled “Requirements for Use of
Lateral Wells in Domestic Water Systems.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.310 APPROVAL OF WELL SITE.

Before construction begins on a well that is
intended to be part of a system that purveys domestic
water, the drilling site shall first be approved by the Director, or his or her representative. In the event that the well is to serve a system under the direct
jurisdiction of the State Department of Health, then
that agency may make site approval and notify the
Director of its approval or disapproval.
(Ord. 3475, passed 1-22-1975)

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Water Supply System 37
§ 13.24.320 GENERAL LOCATION OF WATER
WELL.
(A) (1) It is unlawful for any person to drill,
dig, excavate or bore any water well in any location in which sources of pollution or contamination are known
to exist or at such location whereby such water may
become contaminated or polluted even though the
wells were properly constructed and maintained.
(2) All wells shall be located an adequate
horizontal distance from potential sources of
contamination and pollution:
(a) Sewers, watertight septic tank or
pit privy, 50 feet minimum;
(b) Subsurface sewage leaching field,
100 feet minimum;
(c) Cesspool or seepage pit, 150 feet
minimum;
(d) Animals or fowl kept, 100 feet
minimum; and
(e) Any subsurface sewage disposal
system discharging 5,000 gallons per day or more, 200
feet minimum.
(B) Minimum distances from other sources of
pollution or contamination shall be as established by
the State Department of Health’s “Standards
Regarding Location of Public Water Supply Wells
With Respect to Sources of Contamination of
Pollution.”
(C) Where adverse or special hazards are
involved, the above distances shall be increased or
special means of protection, particularly in the
construction of the well, shall be provided as
determined by the Department.
(Ord. 3475, passed 1-22-1975)
§ 13.24.330 LOG OF WELL.
(A) Any person who has drilled, dug, excavated
or bored a well, subject to this chapter, shall, within 30 days after completion of the drilling, digging,
excavation or boring of such well, furnish the
Department with a complete log of such well. This log
shall include depths of formation, character, size
distribution, color for all lithological units penetrated, as well as the type of casing, the depth of the well, the number and location of the perforations in the casing
and any other data required by the Department. In any
areas where insufficient subsurface information is
available, the Department may require inspection of
the well log during any phase of the wells construction where required to achieve the purposes of this chapter
may require modification of the remaining planned
work.
(B) A copy of the log providing such information
submitted to concerned state agencies shall satisfy this requirement.
(Ord. 3475, passed 1-22-1975)
§ 13.24.340 WELL SURFACE CONSTRUCTION
FEATURES.
(A) Water well surface sealing. All water wells
drilled, dug, excavated or bored shall be provided
with: a watertight reinforced concrete slab of
minimum thickness of six inches, top of slab to be a
minimum four inches above ground level or floor level
at well site and slab shall extend horizontally at least three feet from the center of the well casing in all
directions, and the concrete slab shall adequately slope so as to drain water away from the well casing.
(B) Sample spigot. A sample spigot shall be
provided on the pump discharge line of any water well
used as a domestic water supply, as close to the pump
as practical and on the distribution side of the check
valve.

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San Bernardino - Public Utilities38
(C) Check valve. A check valve shall be provided
on the pump discharge line as near the pump as
possible for all community water supply wells.
(D) Water well disinfection pipe. All community
water supply wells and individual domestic wells shall
be provided with a pipe or other effective means
through which chlorine or other disinfecting agents
may be introduced directly into the well. The pipe
shall be extended to a height equal to the pump slab or at least four inches above the finished grade, shall be kept sealed and shall be provided with a threaded or
equivalently secured cap.
(E) Water well master meter. A master meter or
other suitable measuring device shall be provided for
each source facility to register accurately the quantity of water delivered to the distribution system for all
community water supply wells.
(F) Air-relief vent. An air-relief vent, if used,
shall terminate downward and be screened and
protected against the possibility of contaminating
material entering the vent.
(Ord. 3475, passed 1-22-1975)
§ 13.24.350 DISINFECTION OF WATER
WELLS.

Every new, repaired or reconstructed community
water supply well or individual domestic well, after
completion of construction, repair or reconstruction,
and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including
the gravel used in the gravel-packed wells, the pump,
pump column and all portions of equipment coming in
contact with well water shall be disinfected with a
solution containing at least 50 parts per million
available chlorine, which shall remain in the well for
a period of at least 24 hours or by an equivalent
method of disinfection satisfactory to the Department,
and such procedure shall be repeated, as necessary, to
produce water which is bacteriologically satisfactory
as set forth by Cal. Administrative Code, Title 17,
“Water Quality Standards.”
(Ord. 3475, passed 1-22-1975)
§ 13.24.360 WATER QUALITY STANDARDS.

Water from all new and reconstructed wells shall
be tested for chemical and physical quality in
accordance with Cal. Administrative Code, Title 17,
“Water Quality Standards,” by a laboratory approved
by the State Department of Health.
(Ord. 3475, passed 1-22-1975)
§ 13.24.370 REQUIRED INSPECTION OF
WELLS.

The Department shall be notified at least 24 hours
in advance to make an inspection of the following
operations:
(A) Prior to the sealing of the annular space or
filing of the conductor casing;
(B) After installation of the surface protective
slab and pumping equipment;
(C) During destruction of all wells, after the well
has been sealed as per the approved plans; and
(D) Any other operation which might be
stipulated on the permit by the Director to cope with
special or unusual conditions.
(Ord. 3475, passed 1-22-1975)
§ 13.24.380 APPROVAL OF WELLS BY
DIRECTOR.

No water from a new or reconstructed well shall
be used for domestic purposes until the well is given
final approval by the Director.
(Ord. 3475, passed 1-22-1975)

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Water Supply System 39
§ 13.24.390 WELL ABANDONMENT.

At the time of removal of a pump, the casing
shall be provided with an adequate cap at the surface
and shall be maintained so that it will not be a hazard to health or safety until such time that the abandoned
well is properly sealed from the bottom to the top. It
is unlawful to use an abandoned well for the disposal
of any waste material. If, after 30 days, the owner of
the well has not declared the well for proposed reuse
pursuant to § 13.24.400, then the well shall be
destroyed (sealed) pursuant to § 13.24.290. If an
abandoned well is found by the Director to be a
hazard, that by its continued existence causes
significant damage to the ground water or to the
health, safety or welfare of the people of this city, the Director shall direct the owner to destroy (seal) the
well within a stated period of time.
(Ord. 3475, passed 1-22-1975)
§ 13.24.400 DECLARATION OF PROPOSED
REUSE OF WELLS.

The owner of a well, the use of which has been or
is soon to be discontinued, may apply to the
Department, in writing, his or her intention to use the well again for its original or other approved purpose.

The Department shall review such a declaration and
grant an exemption from certain of the provisions of §

13.24.390; provided no undue hazard to health or
safety is created by the continued existence of the
well. Such an exemption must be applied for and
granted annually and may be terminated for cause by
the Director at any time.
(Ord. 3475, passed 1-22-1975)
§ 13.24.410 DUTIES OF DIRECTOR.

It shall be the duty of the Director of
Environmental Health Services of the County
Department of Environmental Health Services to
enforce the terms and provisions of this chapter. In the event it is determined that any fees or charges are to
be established and collected by the Director, then the
city shall make and establish such fees and charges
pursuant to this chapter, and the city and the county
shall enter into a contract concerning same.
(Ord. 3475, passed 1-22-1975)
§ 13.24.420 DIRECTOR’S RIGHT OF ENTRY.

It is unlawful for any person to resist, or attempt
to resist, the entrance of the Director, or his or her
deputy, onto any premises for the purposes of the
performance of his or her duty or to refuse to obey any lawful order of the Director made in the performance
of his or her duties within the power conferred upon
him or her by law or by this chapter.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.430 VIOLATION - RIGHT OF ENTRY -
PENALTY.
(A) The Director may, at any and all reasonable
times, enter any and all places, property, enclosures
and structures for the purpose of making examinations
and investigations to determine whether any provision
of this chapter is being violated.
(B) It is unlawful for any person to furnish or
supply to a user water used, or intended to be used,
for human consumption or for domestic purposes
which is impure, unwholesome, unpotable, polluted or
dangerous to health.
(C) Every person, firm, association, society or
corporation violating any provision of this chapter or
failing to comply with any order the Department
issued pursuant to this chapter, or who procures, aids
or abets in any such violation or failure, is guilty of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.

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San Bernardino - Public Utilities40
(D) The continued existence of any violation of
this chapter, or of any order of the Department issued
pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate
and distinct offense.
(E) Anything done, maintained or suffered in
violation of any of the provisions of this chapter is a public nuisance dangerous to health, and may be
enjoined or summarily abated in the manner provided
by law. Every public officer or body lawfully
empowered so to do shall abate the nuisance
immediately.
(F) Any person who furnishes or supplies to a
user water used or intended to be used for human
consumption or for domestic purposes, without having
a valid permit so to do, may be enjoined from so doing
by any court of competent jurisdiction at the suit of the Director.
(Ord. 3475, passed 1-22-1975; Ord. MC-460, passed
5-15-1985)
§ 13.24.440 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)

Packet Page. 1321

CHAPTER 13.25: SPREADING OR EXTRACTION WITH THE MANAGEMENT ZONE Section

13.25.010 Purpose

13.25.015 Background pertaining to
Newmark ground water
contamination superfund site

13.25.020 Definitions

13.25.025 Permits

13.25.035 Approval of permits

13.25.040 Reporting

13.25.045 Revocation and emergency powers

13.25.047 Interference by existing wells with
consent decree or SOW

13.25.050 Consent orders

13.25.055 Cease and desist orders

13.25.060 Hearing procedures and appeals

13.25.070 Violations, remedies and penalties
Appendix A: Exhibits
§ 13.25.010 PURPOSE.
(A) The purpose of this chapter is to assure that
activities occurring in the management zone,
including, but not limited to, development, digging,
drilling, boring or reconstruction of wells; extraction of ground water from wells; and spreading of water do
not interfere with or cause pass through of
contaminants from the Newmark and Muscoy
Operable Units. Activities, such as well construction
or reconstruction or artificial recharge undertaken in
the management zone, shall not cause or contribute to
the migration of ground water contaminants from the
Newmark and Muscoy Operable Units to
uncontaminated areas, nor shall such activities, even
at their maximum operation, interfere with or
adversely affect the integrity of the Newmark or
Muscoy extraction and treatment systems, nor shall
they otherwise interfere with the performance of these
interim remedial actions at the Newmark and Muscoy
Operable Units.
(B) It is the further purpose of this chapter to
assure the protection of human health and the
environment, and compliance with relevant federal and
state requirements directly associated with the
performance of the remedy. It is the further purpose of this chapter to manage the spreading of water within
the management zone and manage the development,
digging, drilling, boring, reconstruction of wells and
extraction of ground water from wells; to assure
compliance with the remedial program set forth in the
RODs, consent decree and statement of work, as
defined below; and aid in the eventual restoration of
the aquifer to beneficial use.
(C) It is the further intent of this chapter to
regulate activities within the management zone only to
the extent necessary to achieve the purposes set forth
and to minimize the regulatory impacts to those
intending to spread water or develop ground water
resources in the management zone. In addition to any
other requirements of this chapter, the following
requirements shall apply to the management zone.

Nothing contained herein shall exclude compliance
with the other provisions of this chapter. In the event of any conflict between the provisions of this chapter
and any other chapter, the terms and provisions of this chapter shall apply.
§ 13.25.015 BACKGROUND PERTAINING TO

NEWMARK GROUND WATER
CONTAMINATION SUPERFUND SITE.

Background:
(A) In 1980, the state performed sampling of
certain wells belonging to the City Municipal Water
Department (“SBMWD”). These samples disclosed the
presence of various contaminants, including
trichloroethylene (“TCE”) and perchloroethylene
41 Packet Page. 1322

San Bernardino - Public Utilities42
(“PCE”).
(B) Pursuant to § 105 of the Comprehensive
Environmental Response, Compensation and Liability
Act (“CERCLA”), 42 U.S.C. § 9605, the United
States Environmental Protection Agency (“EPA”)
placed the Newmark Ground Water Contamination
Superfund Site (“site”) on the National Priorities List (“NPL”), as set forth in 40 C.F.R. pt. 300, Appendix
B, by publication in the Federal Register on March 31,
1989, 54 Fed. Reg. 13296, 13301.
(C) In late 1990, EPA commenced a remedial
investigation (“RI”) focusing on the Newmark
Operable Unit (“OU”). In September 1992, EPA
expanded the RI to include the Muscoy OU.
(D) In March 1993, EPA published notice of the
completion of the feasib ility st udy (“FS”) and the
proposed plan for interim remedial action pertaining to the Newmark OU. In December 1994, EPA published
notice of the completion of the FS and proposed plan
for interim remedial action pertaining to the Muscoy
OU.
(E) EPA’s determinations concerning the interim
remedial actions to be implemented at the site are set
forth in the Newmark OU record of decision
(“ROD”), signed August 4, 1993, and Muscoy ROD
signed March 24, 1995 and the explanation of
significant differences (“ESD”) signed on August 18,
2004.
(F) On September 18, 1995, EPA, the state and
SBMWD entered into a cooperative agreement
providing, in part, for SBMWD to perform the
operation and maintenance (“O&M”) of the remedial
action set forth in the RODs, and for EPA to fund the
O&M.
(G) In September 1996, the SBMWD
commenced an action against the United States Army,
pursuant to §§ 107 and 113 of CERCLA, seeking to
obtain its costs for response and the operation and
maintenance of the Newmark and Muscoy OUs (City
of San Bernardino v. United States of America, Dept.
of the Army, et al. USDC Case No. CV 96-5205 MRP
(JGx) consolidated with USDC Case No. CV 96-8867
MRP (JGx)).
(H) Commencing in June 2000, SBMWD, State
Department of Toxic Substance Control (“DTSC”) and
EPA commenced negotiations to resolve various issues
relating to the site OU, Newmark OU and Muscoy
OU. On March 23, 2005, the consent decree
memorializing the settlement was entered by the court.
(I) The consent decree requires, in part, for the
city to implement an ordinance providing for
protection and management of the interim remedy set
forth in the RODs and ESD and specifically for the
city to regulate the spreading and extraction of water
from the Bunker Hill Basin within the city in order to
prevent or correct spreadi ng practices or extraction
operations that could interfere with or interrupt or
degrade the performance of the interim remedy.
(J) The protection of ground water resources
within the city is of utmost importance to the city and SBMWD. The public health, safety and general
welfare of the people of the state and of the more than 600,000 residents of the Counties of San Bernardino
and Riverside, who depend upon the continued
availability of potable ground water from the Bunker
Hill Basin, is paramount. The public health, safety and general welfare of the people of the state and the
residents of the city require assurance that spreading of water and extraction of ground water do not interrupt
or interfere with the construction, operation and
maintenance of the interim remedy or degrade the
performance of the interim remedy.
(K) The interim remedy requires, in part, the
extraction of contaminated ground water from the
Bunker Hill Water Basin, and within the Newmark and
Muscoy OUs, and treatment of the ground water to
meet all state and federal permits and requirements for drinking water and delivery of treated water to
SBMWD for distribution to the public through its
potable water system, or in the alternative, for
recharge to the aquifer.
(L) The inhibitor wells are located at the
downgradient end of the management zone. The
inhibitor wells currently in place were designed to
function based upon hydrological factors relating to the flow of water through the basin. The rate of flow
through the basin may increase when additional
spreading occurs at spreading basins located

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Spreading or Extraction with the Management Zone 43
upgradient from the inhibitor wells. Another factor
affecting flow rate is the amount of water flowing
through the basin and either extracted or flowing out
of the basin. When extraction of ground water occurs
downgradient or to the side of management zone, or
the capacity of existing downgradient or adjacent wells are increased, the rate of flow may increase. Should an increase in the flow of water occur beyond the
capacity of the inhibitor wells, the inhibitor wells may not be able to contain and extract the additional
contaminated water before it enters the aquifer
downgradient from the inhibitor wells.
(M) As required by the consent decree, the city
must exercise its police power to protect the public
welfare of the city by adopting reasonable regulatory
measures.
§ 13.25.020 DEFINITIONS.

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

ADVERSE EFFECT and ADVERSELY
EFFECT. Any proposed new or reconstructed well, or
any water spreading (artificial recharge) activity,
forecast to reduce particle capture (as measured using
predictive particle tracking) below 95% at any time in
the proposed future permit term, shall be presumed to
have an adverse effect under this chapter. This
presumption may be rebutted by project re-design or
mitigation measures to restore particle capture
percentages, over a hydrologic cycle representative of
long-term hydrology and extending for a term at least
as long as a proposed permit term, to at least 95% at
all times, with the proposed project operating at the
full permitted capacity for the life of the proposed
project.

APPLICANT. The person or entity submitting the
application addressed in this chapter. The term
APPLICANT shall also include the person or entity
granted any permit or permission pursuant to the terms
of this chapter, and shall also include all licensees,
lessees, agents, contractors, operators, employees,
officers, directors, representatives, attorneys,
successors, assigns, heirs and other persons or entities exercising the rights of the permit through applicant.

The term APPLICANT shall not include a party to the
ICGMP that is exempt from the provisions of this
chapter as provided in § 13.25.025(G).

AQUIFER. A geologic formation that stores,
transmits and yields significant quantities of water to wells and springs.

BARRIER WELL. See INHIBITOR WELL
below.

BASIN. The Bunker Hill Basin.

CITY. The City of San Bernardino.

CODE. The San Bernardino Municipal Code.

CONTAMINATION. Any impairment in the
quality of water of the city by wastes or other
degrading elements in amounts or concentrations
violating any federal or state drinking water standard
or applicable permit limit for the water produced by
the interim remedy, or otherwise.

DAY. A calendar day.

DEPARTMENT. The San Bernardino
City
Municipal Water Department.

DOHS. State of California Department of Health
Services.

DTSC. State of California Department of Toxic
Substance Control.

EPA. The United States Environmental Protection
Agency.

EXTRACTION. The process of taking water
from the ground water aquifer by way of wells and
other appurtenances.

FS. The feasibility studies performed by EPA for
the site and completed in March 1993 and December
1994.

GENERAL MANAGER. The San Bernardino
City Municipal Water Department General Manager,

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San Bernardino - Public Utilities44
or designee.

GROUND WATER. All water beneath the
surface of the earth within the zone below the water
table in which the soil is saturated with water.

GROUND WATER MODEL or MODEL. The
mathematical calculations required to be produced
pursuant to the consent decree and SOW addressing
the physical characteristics of the ground water in the Bunker Hill Basin under various conditions. The
ground water model is a three-dimensional numerical
model that will account for changes in water levels
over time, and will account for spatial variations in
underground hydrologic parameters. The GROUND
WATER MODEL can be used to perform predictive
particle tracking by simulating future ground water
levels in three dimensions over time.

INHIBITOR WELL. The wells designed by EPA
for the extraction of water from specific areas of the
basin and identified in the RODs.

MANAGEMENT ZONE. The geographic area
depicted and defined on Exhibit A and Exhibit B, on
file in the office of the General Manager of SBMWD.

The “management zone” is referred to in the consent
decree as the “permit zone.”
MITIGATION MEASURES. Readily enforceable
and verifiable steps taken to reduce or eliminate
adverse effects forecast for a proposed new or
reconstructed well or water spreading (artificial
recharge) project by predictive particle tracking.

MITIGATION MEASURES can include, but are not
limited to:
(1) Locating an additional well or wells in
the contaminant plume to counteract migration of
contaminants past the inhibitor wells;
(2) Readily enforceable and verifiable
pumping restrictions; and
(3) Physical reductions in the size of well
equipment to limit the well capacity.

NPL. National Priorities List.

OU. Operable Unit.

PERSON. Any state or local government agency,
private corporation, firm , partnership, individual,
group of individuals, organization, association or, to
the extent authorized by law, any federal agency.

PREDICTIVE PARTICLE TRACKING. The use
of the ground water model, with the inhibitor wells
operating at a design rate under the SOW, over a
representative hydrologic cycle, including
representative wet and dry periods for the Bunker Hill
Basin, to determine the percentage of particle capture
achieved at all times over the life of the proposed
project, including any applicable mitigation measures
or project re-design, with the proposed project
operating at full permitted capacity for the entire
permit term.

PROJECT RE-DESIGN. Verifiable and
enforceable changes in the physical design, equipment
or location or volume of a proposed water spreading
(artificial recharge) or new or reconstructed well
project intended to reduce or eliminate adverse effects forecast for a project evaluated with predictive particle tracking.

RI. The remedial investigations performed at the
site for the Newmark Operable Unit and the Muscoy
Operable Unit.

RECORD OF DECISION or ROD. The record
of decision for the Newmark Operable Unit signed
August 4, 1993 and the record of decision for the
Muscoy Operable Unit signed March 24, 1995 setting
forth the provisions of the interim remedy to be
implemented in addressing the contamination identified
in RI/FS.

REMEDY or INTERIM REMEDY. The course
of action set forth in the RODs, statement of work
(“SOW”) and consent decree (“CD”) relating to the
operation and maintenance of the remedial action
specified in said documents.

SBMWD. The San Bernardino
City Municipal
Water Department.

SITE. The Newmark Ground water

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Spreading or Extraction with the Management Zone 45
Contamination site identified in 40 C.F.R. pt. 3rd
Appendix B, published in the Federal Register on
March 31, 1989, 54 Fed. Reg. 13296, 13301.

SPREADING BASIN. Areas, facilities and
portions of land set aside for the deposit of water with the intent to allow the water to percolate into the
ground water basin, as depicted on Exhibit C in
Appendix A, attached hereto and incorporated by this
reference and on file in the office of the General
Manager of SBMWD.

STATEMENT OF WORK (“SOW”). The
document incorporated into the consent decree,
referenced in § 13.25.015(H), setting forth the
implementation of the remedial action to be performed
by SBMWD, EPA and DTSC relating to the Newmark
OU and Muscoy OU.

WELL or WATER WELL. Any artificial
excavation constructed by any method for the purpose
of extracting water from, or injecting water into the
ground. This definition shall not include:
(1) Oil or gas wells, or geothermal wells
constructed under the jurisdiction of the State
Department of Conservation, except those wells
converted to use as water wells; or
(2) Wells used for the purpose of:
(a) Dewatering excavation during
construction; or
(b) Stabilizing hillsides or earth
embankments.
§ 13.25.025 PERMITS.
(A) Spreading. Unless a permit issued by
SBMWD pursuant to this chapter is first obtained, it
shall be unlawful for any person, as principal, agent or employee, to spread water (artificial recharge) within
the management zone.
(B) Ground water extraction. Unless a permit
issued by SBMWD pursuant to this chapter is first
obtained, it shall be unlawful for any person to
develop, dig or drill a new well, or to reconstruct an
existing well in a manner to increase its maximum
capacity over its maximum capacity on March 23,
2005, or the most recent operation if the well was
inoperable on March 23, 2005, or to allow the
development, digging, drilling or reconstruction of any well on land located within the management zone.
(C) Application for permit. An application for a
permit shall be filed by the landowner or the applicant with the SBMWD on a form provided by SBMWD.

The applicant has an affirmative duty to provide
accurate representations of all material facts in the
application.
(D) Contents of application for permit for
extraction. The contents of the application for permit
for extraction shall include, as a minimum, all of the
items set forth in § 13.24.250 and the elevations of
proposed screening intervals, and such other
information as SBMWD determines necessary and
appropriate to evaluate the application and assure that the proposed extraction will not interfere with,
compromise, endanger or detrimentally or adversely
affect the interim remedy or otherwise cause or
contribute to the movement of contaminants to areas
downgradient of the inhibitor wells, or increase the
likelihood that contaminants will migrate past or
around these wells, or interfere with or adversely
affect the interim remedy.
(E) Contents of application for permit for
spreading. The contents of the application for permit
for spreading shall include, as a minimum, the name
of the person proposing to conduct the spreading; the
time period over which the spreading is proposed to
occur; the volume, location and such other information
as SBMWD may determine necessary and appropriate
to evaluate the application and assure the proposed
spreading will not interfere with, compromise,
endanger or detrimentally affect the interim remedy or
otherwise cause or contribute to the movement of
contaminants to areas downgradient of the inhibitor
wells.
(F) Fees. SBMWD may levy a fee for review of
the application for permit and monitoring of
compliance with the permit. The fee shall be
established by resolution of the SBMWD Board of

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San Bernardino - Public Utilities46
Water Commissioners.
(G) Exemption from permit and related
requirements for institutional controls ground water
management program (“ICGMP”) members. By
agreement effective January 1, 2005, a number of
local water agencies have entered into the agreement
entitled “Agreement to Develop and Adopt an
Institutional Controls Ground Water Management
Program.” That program currently provides for
short-term restrictions on production and spreading to
protect the interim remedy while a long-term
agreement is negotiated. The long-term agreement will
be as protective of the interim remedy as this chapter, and projects which are subject to the ICGMP or
successors to that agreement will be reviewed and
approved by the ICGMP parties pursuant to those
agreements. As long as a party proposing to construct
or reconstruct a well or to spread water for artificial recharge is a member in good standing of the ICGMP
under the agreement effective January 1, 2005, or
successors to that agreement, that party’s project(s)
will be exempt from the provisions of this chapter and
will be reviewed and approved pursuant to the ICGMP
or successors to that agreement rather than this
chapter. Compliance with ICGMP requirements shall
be deemed to be full compliance with this chapter.

Non-compliance with ICGMP requirements shall be
addressed pursuant to remedies provided for in the
ICGMP agreement or successors to it. In the event the
ICGMP expires or lapses while this chapter is in
force, or a party with an approved spreading or well
project withdraws from the ICGMP, any mitigation
measures, project re-design measures, access and
monitoring requirements and parallel undertakings
imposed or agreed to by the party under the ICGMP
shall become fully enforceable by the city under this
chapter.
(H) Review of application.
(1) The review process of the application
will commence when SBMWD determines it has
received from the applicant all documents and
necessary information to commence its review.
(2) Subject to timely participation by EPA
and DTSC, SBMWD shall endeavor to complete the
review within 120 days from notice by SBMWD to
applicant that the application is deemed complete.
(3) The completed application shall be
subject to review and comment by the EPA and
DTSC. SBMWD shall provide to EPA and DTSC a
copy of its proposed decision, after which EPA and
DTSC, pursuant to the consent decree, shall have a
minimum of 30 days to comment on the proposed
decision. If either EPA or DTSC object, in writing, to
the permit application, proposed decision or modeling
work on which a proposed permit decision is based,
the SBMWD, EPA and DTSC shall consult for up to
60 days in order to resolve any material differences
among them over such matters. Consistent with the
consent decree, the SBMWD shall not issue a permit
over the unresolved objections of either EPA or
DTSC.
(4) Except as provided below, applications
shall be evaluated using the predictive particle tracking in order to determine if there is an adverse effect.

Once approved by EPA, the ground water model will
be used for predictive particle tracking, to forecast
particle capture through a hydrologic cycle reasonably
representative of long-term hydrology lasting for at
least the proposed permit term, which hydrologic cycle
shall include a wet cycle and a dry cycle, based on
historic hydrologic data for similar periods, and which shall assume that the inhibitor wells are operated at
design rates. Mitigation measures and any project
re-design are to be evaluated using the same method.

No proposed well construction or reconstruction, or
future spreading operation, shall be approved if the
project is forecast to have an adverse effect unless
such adverse effect is eliminated through readily
enforceable mitigation measures or project re-design.
(I) Permit applications for extraction wells in
plume areas and for irrigation use on overlying land.
(1) Applications to drill in the areas shown
on the attached map, Exhibit C in Appendix A to this
chapter, are strongly encouraged. The boundaries of
these areas correspond to the city’s estimates of areas

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Spreading or Extraction with the Management Zone 47
within the Newmark and Muscoy contaminant plumes
where extraction and treatment of water from these
areas will slow the spread of contaminants.
(2) (a) For wells proposed in the
designated areas shown in the map, the applicant and
the city may use a streamlined modeling process, to be
developed by the city, to model the projected hydraulic impacts of the proposed extraction well in the
proposed location upon the operations of the inhibitor
wells.
(b) Such application shall clearly
demonstrate that:

1. The well will conform to
standards for structural integrity;

2. The water it produces will be
properly treated; and

3. The well is screened at a depth
and in such a manner that its construction and
operation will not cause the migration of contaminants
between different confined intervals of the aquifer.
(3) The city shall set the permit term for
such wells in the designated areas for not less than 15 years, with the option, in the city’s discretion, to set the permit term for up to 30 years.
(4) Wells used by overlying landowners
solely for non-potable irrigation or solely for sand and gravel operations on such land may be replaced on the
same parcel without a permit under this chapter
provided that no such overlying landowner shall
extract more than 250 acre feet per year from the same
or contiguous parcels without a permit issued pursuant
to this chapter.
(5) (a) The city recognizes that the wells
listed in Exhibit D in Appendix A by assessor parcel
number (“APN”) have been used by the overlying
landowners solely for non-potable irrigation on such
land.
(b) These landowners may replace
these wells on these properties without making the
modeling demonstration required by this chapter
provided that such applications clearly demonstrate
that:

1. The water it produces will
continue to be used only for non-potable irrigation or
sand and gravel operations on the land, or contiguous
parcels of the same landowner, where the well is
located;

2. The well is constructed and
screened in such a manner that it will not cause
migration of contaminants between different confined
intervals of the aquifer; provided, however, that if the replacement well is screened in substantially the same
interval as the well it replaces, the replacement well
shall be entitled to a rebuttable presumption of
compliance with this condition; and

3. That extractions shall not
increase by more than 25% over the maximum annual
production and extraction rates for the last ten years, as shown by contemporaneous documentary evidence
or by an edison pump test and review of electrical
consumption.
§ 13.25.035 APPROVAL OF PERMITS.
(A) Standard of review. Except as provided
above, a permit may be granted for a period of up to
15 years with or without conditions under the
provisions of this chapter only if the applicant
demonstrates that the proposed extraction or spreading
and method of operation is not forecast to cause an
adverse effect when evaluated using the predictive
particle tracking, and will not interfere with,
compromise, endanger or detrimentally affect the
interim remedy, or cause the city to be in potential
violation or non-conformance with the SOW, consent
decree or RODs, or EPA or DTSC approved plans
adopted thereunder.

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San Bernardino - Public Utilities48
(1) Prior to the completion of an updated
ground water model, the applicant shall bear the
burden of demonstrating, through the use of
engineering and other satisfactory scientific data, that the proposed extraction or spreading will not cause an
adverse effect and will not interfere with, compromise, endanger or detrimentally affect the interim remedy.
(2) After an updated model has been
completed, the applicant shall bear the burden of
demonstrating through the use of the predictive
particle tracking and other satisfactory scientific
evidence that the proposed extraction or spreading is
not forecast to cause an adverse effect, and will not
interfere with, compromise, endanger or detrimentally
affect the interim remedy.
(B) Conditions of approval.
(1) In the event the application is approved,
EPA, DTSC and SBMWD shall have the right to
condition approval upon mitigation measures, project
re-design or other remedial activities to be performed
by applicant. EPA, DTSC or SBMWD may require
the applicant to prepare a mitigation or remedial plan, subject to approval by EPA, DTSC and SBMWD,
prior to issuance of the permit.
(2) If mitigation measures, project re-design
or remedial activities are required as a condition of the issuance of a permit, SBMWD may require applicant
to post a bond of sufficient value to assure compliance with the mitigation or remedial activities.
(3) Upon approval of the application, with
or without mitigation meas ures, project re-design or
remedial activities, and after the posting of a bond, if required, SBMWD shall issue a permit.
(4) The approval and issuance of a permit
shall be subject, at all times, to the monitoring of
applicant’s activities and suspension or revocation of
the permit if it is determined by SBMWD, EPA or
DTSC that applicant’s activities interfere with,
compromise, endanger or detrimentally affect the
interim remedy.
(5) The issuance of a permit shall be
conditioned on the grant to EPA, DTSC and the city,
including SBMWD, thei r contractors and
representatives, of access to the wells or spreading
basins or related areas for the purpose of verifying
compliance with the permit, and upon reasonable
notice to inspect and copy documents and records of
applicant’s operations of the permitted facilities.
(6) Misrepresentation or failure to disclose
material facts in the application shall be grounds for
denial of the application.
(7) The approval and issuance of a permit
shall be conditioned upon applicant indemnifying,
defending and holding city and SBMWD harmless
from any and all claims, causes of action, injury to
person or property and enforcement proceedings
arising from or related to the application for permit,
property subject to the permit, work to be undertaken
relating to the permitted property, including work not
the subject of the permit or any other matter related to the permit or granting of the permit, including, but not limited to, any costs incurred by SBMWD or the city
from any contest to the issuance of the permit.
(C) Denial of application. SBMWD shall deny
the application if it determines that the standards of
this chapter have not been attained or if either
SBMWD, EPA or DTSC determines that the proposed
project is forecast to cause an adverse effect which is not eliminated by mitigation measures or project
re-design or will interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and
treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier
walls that are part of those systems or will otherwise
interfere with the performance of the interim remedial
actions, or cause the city to be in potential violation or non-conformance with the SOW, consent decree or
RODs, or any plan approved by EPA or DTSC in
order to implement those documents. SBMWD shall
provide to applicant a copy of the written objections
made together with any additional written statement of
reasons by EPA, DTSC and/or SBMWD for
disapproval of the permit. An applicant denied a
permit may appeal the decision pursuant to
§ 13.25.060.
§ 13.25.040 REPORTING.

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Spreading or Extraction with the Management Zone 49
(A) Reporting by applicants. A condition of each
and every permit shall be the requirement that the
applicant provide, at least quarterly, regular written
reports to SBMWD of water levels, chemistry and
other information affecting water quality deemed
appropriate by SBMWD. The SBMWD may specify
forms for such reports and such forms shall be used by
applicant to comply with the provisions of this section.

Such reports shall require applicant to perform
monitoring, sampling and record-keeping of any wells
that are the subject of the permit, including the
amount, rate and timing of extraction or spreading and
the quality of water being extracted or spread,
including, but not limited to, concentrations of
perchloroethylene (“PCE”), trichloroethylene
(“TCE”), freon and other water quality related
concentrations, specified by SBMWD. Upon receipt of
any report requested or required by this chapter,
SBMWD may require a follow-up report of additional
data and/or information. Applicant shall keep records
of all activities relating to the operation of wells and/or spreading activities, including all sampling results and flow data. Such records shall be available for
inspection and copying by SBMWD, EPA and DTSC
upon 48 hours’ notice. These records shall be
maintained for a period of not less than five years. The period for retention of records shall automatically be
extended for any period of litigation between
SBMWD, the city, EPA and/or DTSC and the
applicant.
(B) Reporting by non-applicants. Every person,
except parties to the ICGMP described in
§ 13.25.025(G), spreading or extracting more than 250
acre-feet in any month, shall report the amount of such spreading or extraction to the city within 90 days of
the close of the calendar year quarter in which such
spreading or extraction occurred. Said report shall be
submitted under penalty of perjury. The SBMWD may
specify forms for such reports and such reports shall
be used to comply with the provisions of this section.
§ 13.25.045 REVOCATION AND EMERGENCY
POWERS.
(A) If there is an immediate and serious threat to
the interim remedy, and its performance in accordance
with the SOW, consent decree or RODs, and if
SBMWD believes it may be due in whole or in part to
applicant’s operations, SBMWD may order the
applicant to cease or reduce its operations and show
cause why the permit should not be revoked, modified
or restricted.
(B) In addition to the provisions set forth above,
the permit may be revoked upon the determination of
the SBMWD General Manager of any of the
following:
(1) Misrepresentation or failure to disclose
material facts in the application;
(2) Falsifying or making misrepresentations
on any reports submitted to SBMWD, whether as part
of the application, as a condition of the permit or as
submitted voluntarily by the applicant;
(3) Tampering with monitoring equipment
subject to the permit;
(4) Refusing or obstructing SBMWD, or its
designee, or EPA or DTSC, or their designees’,
timely access to the permitted sites and operations, and records of those operations;
(5) Failure to pay fines;
(6) Failure to meet compliance schedules;
(7) Failure to comply with conditions of
approval; and
(8) Failure to file timely reports or to
respond to requests for reports, sampling data,
monitoring activities or cooperation with the interim
remedy for the Newmark Superfund Site.
(C) In the event the activities of the applicant, or
applicant’s agents, contractors, licensees, lessees or
employees are deemed by SBMWD to interfere with
or adversely affect the integrity of the Newmark and
Muscoy extraction and treatment systems, or will
increase the likelihood that contaminants will migrate
past or around the barrier wells that are part of those systems or will otherwise interfere with the
performance of the interim remedy, SBMWD may
revoke or suspend the permit and compel applicant to

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San Bernardino - Public Utilities50
cease all activities covered by the permit until either a hearing is held before the Board of Water
Commissioners, pursuant to § 13.025.060, for
applicant to demonstrate why the permit should not be
modified or revoked, or the applicant and the General
Manager reach a mutually acceptable resolution. In all
other circumstances, the applicant shall be advised in
writing of any non-compliance with the permit or other
condition that may warrant a modification of permit
conditions or revocation of the permit, and the
applicant shall be afforded the opportunity for a
hearing before the Board of Water Commissioners,
pursuant to the provisions of § 13.25.060, to present
any evidence as to why the permit should not be
modified or revoked.
§ 13.25.047 INTERFERENCE BY EXISTING
WELLS WITH CONSENT DECREE OR SOW.

In the event an existing well, not subject to the
permit requirements of this chapter, is operated in a
manner which materially interferes with the city’s
compliance with the provisions of the consent decree
or SOW, or requires an increase in operating rates
above design rate in order to maintain compliance with
the requirements of the consent decree or SOW, the
city may halt, abate or reduce such activities by
injunction from the County Superior Court, or by the
United States District Court for the Central District of California, acting pursuant to the United States District Court’s retention of jurisdiction over institutional
controls in paragraph 1.b, page 11, lines 6 through 19
of the consent decree. This provision is in addition to, and not in derogation of, the city’s other statutory,
equitable and common law remedies.
§ 13.25.050 CONSENT ORDERS.

The SBMWD may enter into consent orders,
assurances of voluntary compliance or similar
arrangements establishing an agreement with any
person responsible for non-compliance with the
provisions of this chapter. Such arrangements will
include specific action to be taken by the person to
correct any non-compliance and shall be enforceable in
a court of competent jurisdiction.
§ 13.25.055 CEASE AND DESIST ORDERS.

If SBMWD finds that a person has violated any
provision of this chapter, or a permit, or the person’s activities pose an immediate and serious threat to the
interim remedy, and that it is likely the person will
continue with such violation or detrimental activities, SBMWD may issue an administrative order directing
such person immediately to cease and desist from such
conduct and to take all actions necessary to comply
fully with the order. If the person fails immediately to comply with such an administrative order, that person
shall be subject to criminal and civil liability in
addition to whatever civil liability the person may have been subject to as a result of the conduct that prompted the issuance of the cease and desist order.
§ 13.25.060 HEARING PROCEDURES AND
APPEALS.
(A) In the event SBMWD denies an application,
imposes or materially modifies a condition of approval
that is/are unacceptable to the applicant or suspends or revokes a permit, an appeal may be commenced by the
applicant.
(B) All appeals must be filed in the office of the
SBMWD General Manager within 15 days of any
denial, approval with conditions, suspension or
revocation. The appeal filed with SBMWD shall
include the name of the applicant; name, address and
telephone number of the person representing applicant;
assessor’s parcel number (“APN”) or other description
of property involved; any identifying case number or
application number issued by SBMWD; the basis for
the appeal; the date and signature of the applicant.
(C) All appeals shall be heard by the SBMWD
Board of Water Commissioners during its regular
meetings. The burden of proof at such hearing shall be
upon the applicant. Following the hearing, the Board
of Water Commissioners shall issue its decision. Said
decision shall be deemed a final administrative
decision. Upon rendition of any adjudicatory
administrative decision by the SBMWD Board of
Water Commissioners, notice shall be given to the
parties that the time within which judicial review must be sought is governed by the provisions of the Cal.

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Spreading or Extraction with the Management Zone 51
Code of Civil Procedure, § 1094.6.
(D) Any issue relating to the consent decree or
SOW may, at the discretion of the SBMWD, be
adjudicated in the United States District Court for the Central District of California, including the right of
the SBMWD to remove any action initially brought in
a state trial court.
§ 13.25.070 VIOLATIONS, REMEDIES AND
PENALTIES.
(A) Any person violating any provision of this
chapter or any condition of a permit shall be guilty of a misdemeanor, punishable by a fine not exceeding
$1,000 per violation, and/or by imprisonment not
exceeding six months for each violation. Each day a
violation occurs may be deemed a separate violation.
(B) Notwithstanding anything to the contrary
contained herein, and in addition to any other
penalties, fines or other action, the SBMWD Board of
Water Commissioners may order the payment of
damages and civil penalties not to exceed $10,000 per
day and actual damages for any violation of any
provision of this chapter. Said penalties shall be
deemed to be civil penalties and may be imposed in
addition to any criminal penalties.
(C) In the event of any violation of any provision
of this chapter, and in addition to any other remedies, at the sole and exclusive discretion of SBMWD, the
permit may be revoked.
(D) A violation of any provision of this chapter
or any permit provision or condition shall deemed to
be a public nuisance.
(Ord. MC-1221, passed 3-20-2006)

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San Bernardino - Public Utilities52

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Spreading or Extraction with the Management Zone 53
APPENDIX A: EXHIBITS
Exhibit A

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San Bernardino - Public Utilities54
Exhibit B

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Spreading or Extraction with the Management Zone 55
Exhibit C

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San Bernardino - Public Utilities56
ORDINANCE MC-1221, 3-20-06

AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 13.25 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED SPREADING OR EXTRACTION WITHIN THE MANAGEMENT ZONE.

EXHIBIT D
County Well Recordation Numbers APNs
3601925 0153351170000
0153351171001
3600119, 3600742, 3600743 0150161120000
0150154140000
0272161120000
0272161070000

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CHAPTER 13.28: COLLECTION OF DELINQUENT WATER, RUBBISH,

SEWER OR OTHER MUNICIPAL UTILITY CHARGES
Section

13.28.010 Collection of water, sanitation,
sewer or other utility charges
pursuant to state statute

13.28.020 Definitions

13.28.025 Notice of delinquent utility
accounts

13.28.030 Description of parcel receiving
services to be filed with City
Clerk

13.28.040 Notice of filing of reports -
hearing

13.28.050 Hearing for objections and
protests

13.28.060 Revision of charges or overrule
of objections - notice of pendency
of administrative action

13.28.070 Filing of report with County
Auditor

13.28.080 Charges constitute lien against lot
or parcel of land

13.28.090 Inclusion of amount of charges
on bills for taxes

13.28.100 Collection of charges

13.28.110 Application of laws to levy,
collection and enforcement of
general taxes

13.28.120 Issuance of separate bills
§ 13.28.010 COLLECTION OF WATER,

SANITATION, SEWER OR OTHER UTILITY
CHARGES PURSUANT TO STATE STATUTE.
(A) The city elects to avail itself of the
provisions of the Cal. Health and Safety Code,
Division 5, Part 3, Chapter 6, Article 4, §§ 5470 et
seq., which set forth an alternative method of
collecting charges for services and facilities furnished in connection with sanitation, sewerage or any other
utility, whereby the same are collected by the County
Tax Collector.
(B) This chapter shall be effective from the date
of its adoption for a period of 50 years, including
amendments thereto during that time.
(C) With respect to any individual account, and
without prior notice thereof, the city may elect to
forego the provisions of this chapter and to pursue
collection of delinquent charges in any other manner
permitted by law. The Integrated Waste Management
Division of the Public Works Department shall
develop policies and procedures regarding the
collection of delinquent charges.
(D) In addition to any remedy contained herein,
the city and the San Bernardino
City Municipal Water
Department are authorized to discontinue all utility
services and provide notice to the property owners’s
41 days after the payment was due.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.020 DEFINITIONS.

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

DELINQUENT CHARGES. Those charges for
services, equipment or facilities which remain unpaid
after the date due.

SANITATION. Refuse services, including, but
not limited to, residential, commercial, recycling or
roll-off services, for the removal or recycling of
rubbish, garbage, by-products and like matter.
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San Bernardino - Public Utilities58
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.025 NOTICE OF DELINQUENT
UTILITY ACCOUNTS.
(A) Any person or entity who receives water,
sanitation, storm drainage or sewerage services whose
account has delinquent charges for services shall be
mailed a notice of the delinquent charges.
(B) The City Manager, or his or her designee,
shall notify the assessed owner shown on the latest
equalized tax assessor’s roll whenever delinquent and
unpaid charges for services, which may become a lien
on real property in the manner set forth in the is
chapter, remain delinquent and unpaid for 60 days.

The notice so provided shall notify the assessed owner
of the delinquent charges and the lien provided by this chapter.
(Ord. MC-1335, passed 10-4-2010)
§ 13.28.030 DESCRIPTION OF PARCEL

RECEIVING SERVICES TO BE FILED WITH
CITY CLERK.

The City Manager, or his or her designee, shall
cause to be prepared a written report which shall be
filed with the City Clerk. Said report shall contain a
description of each parcel of real property receiving
such water, sanitation, sewer or other utility services and the amount of the delinquent charges for each
parcel computed in conformity with charges prescribed
by resolution of the Mayor and Common
City Council
or pursuant to the rules and regulations of the board of water Commissioners. The real property may be
described by reference to maps prepared in accordance
with Cal. Revenue and Taxation Code, § 327, and on
file in the office of the County Assessor or by
reference to plats or maps on file in the office of the City Clerk.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982; Ord. MC-1335, passed 10-4-2010)
§ 13.28.040 NOTICE OF FILING OF REPORTS
- HEARING.
(A) The City Clerk shall cause notice of the
filing of said report, and of a time and place of hearing thereon, to be published pursuant to Cal. Gov’t Code,
§ 6066, prior to the date set for hearing in a
newspaper of general circulation printed and published
within the city.
(B) The City Clerk shall cause a notice, in
writing, of the filing of the report proposing to have
such charges collected on the tax roll and of the time
and place of hearing thereon, to be mailed to each
person to whom any parcel or parcels of real property
described in the report is assessed in the last equalized assessment roll available on the date the report is
prepared, at the address shown on the assessment roll
or as known to the Clerk. If the Mayor and
Common
City Council adopt the report, then the
requirements for notice, in writing, to the persons to
whom parcels of real property are assessed shall not
apply to hearings on reports prepared in subsequent
fiscal years but notice by publication as herein
provided shall be adequate.
(Ord. 3533, passed 10-28-1975)
§ 13.28.050 HEARING FOR OBJECTIONS
AND PROTESTS.

At the time stated in the notice, the Mayor and
Common
City Council shall hear and consider all
objections or protests, if any, to the report referred to in the notice and may continue the hearing from time
to time. If the Mayor and Common
City Council find
that protest is made by the owners of a majority of
separate parcels of property described in the report,
then the report shall not be adopted and the charges
shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of
land.
(Ord. 3533, passed 10-28-1975)
§ 13.28.060 REVISION OF CHARGES OR

OVERRULE OF OBJECTIONS - NOTICE OF
PENDENCY OF ADMINISTRATIVE ACTION.
(A) Upon the conclusion of the hearing, the
Mayor and Common
City Council may adopt, revise,

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Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges 59 change, reduce or modify any charge or overrule any
or all objections and shall make its determination upon each charge as described in the report, which
determination shall be final.
(B) The City Administrator may file a notice of
pendency of administrative action with the County
Recorder for any parcel or parcels of real property
against which any water, sanitation, sewer or other
utility charge is found to be delinquent hereunder by
the Mayor and Common
City Council.
(Ord. 3533, passed 10-28-1975; Ord. MC-229, passed
12-21-1982)
§ 13.28.070 FILING OF REPORT WITH
COUNTY AUDITOR.

On or before August 10 of each year following
such final determination, the Clerk shall file, with the County Auditor, a copy of the report with a statement
endorsed thereon over his or her signature that it has
been finally adopted by the Mayor and Common
City
Council, and the County Auditor shall enter the
amounts of the charges against the respective lots or
parcels of land as they appear on the current
assessment roll. Where any such parcels are outside
the boundaries of the city, they shall be added to the
assessment roll of the city for the purpose of collecting such charges. If the property is not described on the
roll, the County Auditor may enter the description
thereon together with the amounts of the charges, as
shown on the report.
(Ord. 3533, passed 10-28-1975)
§ 13.28.080 CHARGES CONSTITUTE LIEN
AGAINST LOT OR PARCEL OF LAND.

The amount of the charges shall constitute a lien
against the lot or parcel of land against which the
charge has been imposed as of 12:00 p.m. the first
Monday in March immediately preceding the date of
levy, except as hereinafter provided.
(Ord. 3533, passed 10-28-1975)
§ 13.28.090 INCLUSION OF AMOUNT OF
CHARGES ON BILLS FOR TAXES.

The County Tax Collector shall include the
amount of the charges on bills for taxes against the
respective lot and parcels of land.
(Ord. 3533, passed 10-28-1975)
§ 13.28.100 COLLECTION OF CHARGES.

Thereafter, the amount of the charges shall be
collected at the same time and in the same manner and
by the same persons as, together with and not
separately from, the general taxes of the city, and shall be delinquent at the same time and thereafter be
subject to the same delinquency penalties.
(Ord. 3533, passed 10-28-1975)
§ 13.28.110 APPLICATION OF LAWS TO

LEVY, COLLECTION AND ENFORCEMENT
OF GENERAL TAXES.

All laws applicable to the levy, collection and
enforcement of general taxes of the entity, including,
but not limited to, those pertaining to the matters of
delinquency, correction, cancellation, refund and
redemptions are applicable to such charges, except that if any real property to which such charges relate has
been transferred or conveyed to a bona fide purchaser
for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon prior to
the date on which the first installment of such taxes
would become delinquent, then the lien which would
otherwise be imposed by § 13.28.080 shall not attach
to such real property, and the charges relating to such property shall be transferred to the unsecured roll of
collection.
(Ord. 3533, passed 10-28-1975)
§ 13.28.120 ISSUANCE OF SEPARATE BILLS.

The Tax Collector may, in his or her discretion,
issue separate bills for such charges and separate
receipts for collection on account of such charges. The county shall be compensated for services rendered in
connection with the levy, collection and enforcement
of such charges in an amount to be fixed by agreement
between the County Board of Supervisors and the

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San Bernardino - Public Utilities60
Mayor and CommonCity Council of the city . In any
event, the compensation shall not exceed $5 for each
account handled, or 1% of all money collected,
whichever is greater. The compensation shall be paid
into the County Salary Fund.
(Ord. 3533, passed 10-28-1975)

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CHAPTER 13.32: WASTEWATER FACILITIES
Section

13.32.010 Powers and duties of the Water
Board
§ 13.32.010 POWERS AND DUTIES OF THE
WATER BOARD.

In accordance with the City Charter, § 603, the
Water Board shall be responsible for oversight and
management of the city’s wastewater collection and
treatment systems, including the regulation of
wastewater facilities. Any rules or regulations
promulgated by the Water Board in connection with its
powers under the City Charter, § 603 may be enforced
as laws of the city in accordance with Chapter 2.28.
(Ord. MC-273, passed 5-23-1983; Ord. MC-460,
passed 5-15-1985; Ord. MC-571, passed 12-24-1986;
Ord. MC-835, passed 6-3-1992; Ord. MC-853, passed
11-3-1992; Ord. MC-1010, passed 11-18-1997; Ord.

MC-1012, passed 1-13-1998; Ord. MC-1216, passed
2-22-2006; Ord. MC-1562, passed 9-15-2021)
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San Bernardino - Public Utilities62

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CHAPTER 13.36: UNDERGROUND UTILITIES
Section

13.36.010 Definitions

13.36.020 Public hearing by Council

13.36.030 Council may designate
underground utility districts by
resolution

13.36.040 Unlawful acts

13.36.050 Exception, emergency or unusual
circumstances

13.36.060 Other exceptions

13.36.070 Notice to property owners and
utility companies

13.36.080 Responsibility of utility
companies

13.36.090 Responsibility of property owners

13.36.100 Responsibility of city

13.36.110 Extension of time

13.36.120 Violation - penalty
Cross-reference:

For provisions on telegraph and telephone poles,
see Chapter 12.12.

Statutory reference:

For provisions on conversion of utilities’ facilities
to underground locations, see Cal. Streets and
Highways Code, §§ 5896.1 et seq. and Cal.

Gov’t Code, § 38793.
§ 13.36.010 DEFINITIONS.

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

COMMISSION. The State Public Utilities
Commission.

PERSON. Individuals, firms, corporations,
partnerships and their agents and employees.

POLES , OVERHEAD WIRES and
ASSOCIATED OVERHEAD STRUCTURES. Poles,
towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances,
attachments and appurtenances located above ground
within a district and used or useful in supplying
electric, communication or similar or associated
service.

UNDERGROUND UTILITY DISTRICT or
DISTRICTS. The area in the city within which poles,
overhead wires and associated overhead structures are
prohibited as such area is described in a resolution
adopted pursuant to the provisions of § 13.36.030.

UTILITY. All persons or entities supplying
electric, communication or similar or associated
service by means of electrical materials or devices.
(Ord. 2919, passed 7-2-1968)
§ 13.36.020 PUBLIC HEARING BY COUNCIL.

The Mayor and Common
City Council, hereinafter
called Council, may, from time to time, call public
hearings to ascertain whether the public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures
within designated areas of the city and the
underground installation of wires and facilities for
supplying electric, communication or similar or
associated service. The City Clerk shall notify all
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San Bernardino - Public Utilities64
affected property owners as shown on the last
equalized assessment roll and utilities concerned by
mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time
to time. At each such hearing all persons interested
shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
(Ord. 2919, passed 7-2-1968)
§ 13.36.030 COUNCIL MAY DESIGNATE

UNDERGROUND UTILITY DISTRICTS BY
RESOLUTION.

If, after any such public hearing, the Council
finds that the public necessity, health, safety or
welfare requires such removal and such underground
installation within a designated area, the Council shall, by resolution, declare such designated area an
underground utility district and order such removal
and underground installation. Such resolution shall
include a description of the area comprising such
district and shall fix the time within which such
removal and underground installation shall be
accomplished and within which affected property
owners must be ready to receive underground service.

A reasonable time shall be allowed for such removal
and underground installation, having due regard for
the availability of labor, materials and equipment
necessary for such removal and for the installation of
such underground facilities as may be occasioned
thereby.
(Ord. 2919, passed 7-2-1968)
§ 13.36.040 UNLAWFUL ACTS.

Whenever the Council creates an underground
utility district and orders the removal of poles,
overhead wires and associated overhead structures
therein as provided in § 13.36.030, it is unlawful for
any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead
wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the
overhead facilities may be required to furnish service
to an owner or occupant of property prior to the
performance by such owner or occupant of the
underground work necessary for such owner or
occupant to continue to receive utility service as
provided in § 13.36.090, and for such reasonable time
required to remove the facilities after the work has
been performed, and except as otherwise provided in
this chapter.
(Ord. 2919, passed 7-2-1968)
§ 13.36.050 EXCEPTION, EMERGENCY OR
UNUSUAL CIRCUMSTANCES.

Notwithstanding the provisions of this chapter,
overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of
the Council in order to provide emergency service.

The Council may grant special permission on such
terms as the Council may deem appropriate in cases of
unusual circumstances, without discrimination as to
any person or utility, to erect, construct, install,
maintain, use or operate poles, overhead wires and
associated overhead structures.
(Ord. 2919, passed 7-2-1968)
§ 13.36.060 OTHER EXCEPTIONS.

In any resolution adopted pursuant to
§ 13.36.030, the city may authorize any or all of the
following exceptions:
(A) Any municipal facilities or equipment
installed under the supervision and to the satisfaction of the City Engineer;
(B) Poles or electroliers used exclusively for
street lighting;
(C) Overhead wires (exclusive of supporting
structures) crossing any portion of a district within

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Underground Utilities 65
which overhead wires have been prohibited, or
connecting to buildings on the perimeter of a district, when such wires originate in an area from which
poles, overhead wires and associated overhead
structures are not prohibited;
(D) Poles, overhead wires and associated
overhead structures used for the transmission of
electric energy at nominal voltages in excess of 34,500 volts;
(E) Overhead wires attached to the exterior
surface of a building by means of a bracket or other
fixture and extending from one location on the
building to another location on the same building or to an adjacent building without crossing any public street; (F) Antennas, associated equipment and
supporting structures used by a utility for furnishing
communication services;
(G) Equipment appurtenant to underground
facilities, such as surface mounted transformers,
pedestal mounted terminal boxes and meter cabinets
and concealed ducts; and
(H) Temporary poles, overhead wires and
associated overhead structures used or to be used in
conjunction with construction projects.
(Ord. 2919, passed 7-2-1968)
§ 13.36.070 NOTICE TO PROPERTY
OWNERS AND UTILITY COMPANIES.
(A) Within ten days after the effective date of a
resolution adopted pursuant to § 13.36.030, the City
Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk
shall further notify such affected property owners of
the necessity that, if they or any person occupying
such property desire to continue to receive electric,
communication or similar or associated service, they
or such occupant shall provide all necessary facility
changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.
(B) Notification by the City Clerk shall be made
by mailing a copy of the resolution adopted pursuant
to § 13.36.030, together with a copy of this chapter,
to affected property owners as such are shown on the
last equalized assessment roll and to the affected
utilities.
(Ord. 2919, passed 7-2-1968)
§ 13.36.080 RESPONSIBILITY OF UTILITY
COMPANIES.

If underground construction is necessary to
provide utility service within a district created by any resolution adopted pursuant to § 13.36.030, the
supplying utility shall furnish that portion of the
conduits, conductors and associated equipment
required to be furnished by it under its applicable
rules, regulations and tariffs on file with the
commission.
(Ord. 2919, passed 7-2-1968)
§ 13.36.090 RESPONSIBILITY OF PROPERTY
OWNERS.
(A) Every person owning, operating, leasing,
occupying or renting a building or structure within a
district shall construct and provide that portion of the service connection on his or her property between the
facilities referred to in § 13.36.080 and the termination facility on or within the building or structure being
served. If the above is not accomplished by any person
within the time provided for in the resolution enacted
pursuant to § 13.36.030, the City Engineer shall give
notice in writing to the owner thereof as shown on the
last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

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San Bernardino - Public Utilities66
(B) The notice to provide the required
underground facilities may be given either by personal
service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the
United States mail in a sealed envelope with postage
prepaid, addressed to the person in possession of such
premises at such premises, and the notice must be
addressed to the owner thereof as such owner’s name
appears, and must be addressed to such owner’s last
known address as the same appears on the last
equalized assessment roll, and when no address
appears, to General Delivery, City of San Bernardino.

If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has
been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48
hours after the mailing thereof, cause a copy thereof,
printed on a card not less than eight inches by ten
inches in size, to be posted in a conspicuous place on
the premises.
(C) The notice given by the City Engineer to
provide the required underground facilities shall
particularly specify what work is required to be done,
and shall state that, if the work is not completed within 30 days after receipt of such notice, the City Engineer will provide such required underground facilities, in
which case the cost and expense thereof will be
assessed against the property benefitted and become a
lien upon such property.
(D) If upon the expiration of the 30-day period,
the required underground f acilities have not been
provided, the city, by order of the Mayor and upon
issuance of a work order, shall forthwith proceed to
cause the work to be done; provided, however, if such
premises are unoccupied and no electric or
communications services are being furnished thereto,
the city shall, in lieu of providing the required
underground facilities, have the authority to order the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service to the property. Upon completion of the work,
the City Engineer shall file a written report with the
City Council setting forth the fact that the required
underground facilities have been provided and the cost
thereof, together with a legal description of the
property against which such cost is to be assessed. The Council shall thereupon fix a time and place for
hearing protests against the assessment of the cost of
such work upon such premises, which time shall not
be less than ten days thereafter.
(E) The City Engineer shall forthwith, upon the
time for hearing such protests having been fixed, give
a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner
thereof, in the manner hereinabove provided for the
giving of the notice to provide the required
underground facilities, of the time and place that the
Council will pass upon such report and will hear
protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(F) Upon the date and hour set for the hearing of
protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
(G) If any assessment is not paid within five days
after its confirmation by the Council, the amount of
the assessment shall become a lien upon the property
against which the assessment is made by the City
Engineer, and the City Engineer is directed to turn
over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has
not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular
bill for taxes levied against the premises upon which
the assessment was not paid. The assessment shall be
due and payable at the same time as the property taxes
are due and payable, and if not paid when due and
payable, shall bear interest at the rate of 6% per year. (Ord. 2919, passed 7-2-1968)
§ 13.36.100 RESPONSIBILITY OF CITY.
(A) The city shall remove, at its own expense, all
city owned equipment from all poles required to be

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Underground Utilities 67
removed hereunder in ample time to enable the owner
or user of such poles to remove the same within the
time specified in the resolution enacted pursuant to
§ 13.36.030.
(B) Notwithstanding the provisions of any other
ordinance to the contrary, any fee required to be paid
for a wiring permit is waived when the work is to be
provided upon and in the private property of any
property owner pursuant to the wiring permit by such
property owner or his or her contractor in an approved
underground utility district.
(Ord. 2919, passed 7-2-1968; Ord. 3217, passed
12-21-1971)
§ 13.36.110 EXTENSION OF TIME.

In the event that any act required by this chapter
or by a resolution adopted pursuant to § 13.36.030
cannot be performed within the time provided on
account of shortage of materials, war, restraint by
public authorities, strikes, labor disturbances, civil
disobedience or any other circumstances beyond the
control of the actor, then the period within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 2919, passed 7-2-1968)
§ 13.36.120 VIOLATION - PENALTY.

It is unlawful for any person to violate any
provision or to fail to comply with any requirement of
this chapter. Any person violating any provision of
this chapter or failing to comply with any of its
requirements is guilty of an infraction, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(Ord. 2919, passed 7-2-1968; Ord. MC-460, passed
5-15-1985)

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San Bernardino - Public Utilities68

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TITLE 14: FRANCHISES
Chapter

14.04. GENERAL REGULATIONS

14.08. CABLE, VIDEO AND TELECOMMUNICATIONS

SERVICE PROVIDERS
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San Bernardino - Franchises2

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CHAPTER 14.04: GENERAL REGULATIONS
Section

14.04.010 Franchise required when

14.04.020 Application

14.04.030 Granting of franchise - conditions

14.04.040 Violation - penalty application

14.04.050 Operation after franchise
expiration - revocable license
§ 14.04.010 FRANCHISE REQUIRED WHEN.

It is unlawful for any person, firm or corporation
to exercise any privilege or franchise; to lay or
maintain any pipes or conduits in or under any public
street or alley in the city for the transmission of gas, water, heat, steam or other substance; or to exercise
any franchise or privilege for the erection or
maintenance, in or upon any public street or alley in
the city, of any telephone, telegraph, electric light or power poles, wires or system, or for the erection of
any pole or wire for the purpose of transmitting
electrical energy or curren t, without first having
procured a franchise to do so, unless such person, firm or corporation is entitled to do so by direct and
unlimited authority of the California Constitution or
the laws of the U.S. Constitution.
(Ord. 541, passed 11-10-1913)
§ 14.04.020 APPLICATION.

Any person desiring to procure a franchise for
any of the purposes mentioned in § 14.04.010 shall
make application therefor in accordance with the
procedural requirements set forth in the Franchise Act
of 1937 (Cal. Public Utilities Code, §§ 6201 et seq.)
and as amended.
(Ord. 541, passed 11-10-1913; Ord. 2162, passed
2-19-1957; Ord. MC-1135, passed 12-18-2002)
§ 14.04.030 GRANTING OF FRANCHISE -
CONDITIONS.

The Mayor and Common
City Council may grant
a franchise, subject to any restrictions, terms and
conditions (including compensation), without
limitation, that they deem to be in the best interests of the city. The Mayor and Common
City Council may
refuse to grant a franchise, when, in their opinion, the granting of any such franchise will not be in the best
interests of the city.
(Ord. 541, passed 11-10-1913; Ord. MC-1135, passed
12-18-2002)
§ 14.04.040 VIOLATION - PENALTY
APPLICATION.

Any person, firm or corporation exercising or
attempting to exercise any franchise for any of the
purposes mentioned in § 14.04.010, or laying or
maintaining any pipes or conduits in or upon any street in the city, for the transmission of gas, water, heat,
steam or other substance, or erecting any telephone,
telegraph or electric light or power poles, wires or
system, within the city, in violation of any provision
of this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with
the provisions of § 1.12.010. In addition, any person,
firm or corporation exercising or attempting to
exercise any franchise for any of such purposes after
a franchise or license (issued pursuant to this chapter) has expired shall be subject to a civil penalty of three 3 Packet Page. 1352

San Bernardino - Franchises4
times the compensation required under the expired
franchise or license prorated on a “per day” basis.

Such civil penalty shall be in addition to any other
terms and conditions set out in the franchise or license, and shall not, in any way, limit or otherwise restrict
any other legal or equitable remedy available to city.
(Ord. 541, passed 11-10-1913; Ord. MC-460, passed
5-15-1985; Ord. MC-1135, passed 12-18-2002)
§ 14.04.050 OPERATION AFTER FRANCHISE
EXPIRATION - REVOCABLE LICENSE.

If a franchise is to expire within 60 days
according to the franchise terms, and a new franchise
has been requested, but has not yet been granted, the
franchisee may request the Mayor and Common
City
Council to issue the fran chisee a written revocable
license, for a renewable term not to exceed 120 days
from the expiration of the franchise, permitting the
franchisee to continue to locate its existing facilities in or upon public property in the city during the term of
the license. The Mayor and Common
City Council may
issue such a revocable license, subject to any
restrictions, terms and conditions (including
compensation), without limitation, that they deem to
be in the best interests of the city. Nothing herein
requires the Mayor and Common
City Council to grant
such a revocable license, nor does the issuance of such a revocable license require that the Mayor and
Common
City Council grant the franchisee a new
franchise. Upon request of the franchisee, the City
Clerk shall provide a revocable license application
form.
(Ord. MC-1135, passed 12-18-2002)

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CHAPTER 14.08: CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS Section
Article I. General Provisions

14.08.01 Short title

14.08.02 Authority

14.08.03 Defined terms and phrases
Article II. Procedures for Granting, Renewing and
Transferring Franchises for Cable Systems

14.08.04 Franchise required

14.08.05 City grants of cable franchises

14.08.06 Franchise duration and renewal

14.08.07 Limitations of franchise

14.08.08 Rights reserved to the city

14.08.09 Transfers and assignments

14.08.10 Franchise service area;
annexations

14.08.11 Application for new franchise;
contents

14.08.12 Franchise approval

14.08.13 Franchise renewal

14.08.14 Multiple franchises

14.08.15 Franchise application processing
costs

14.08.16 Franchise fee for cable services

14.08.17 Contents of cable television
franchise agreement
Article III. Open Video Systems

14.08.18 Applicability

14.08.19 Application required

14.08.20 Review of application

14.08.21 Agreement required
Article IV. Other Video and Telecommunications
Services and Systems

14.08.22 Other multi-channel video
programming distributors

14.08.23 Video providers - registration;
customer service standards

14.08.24 Telecommunications service
provided by telephone
corporations

14.08.25 Public, educational and
governmental support fee (“PEG
fee”) and requirement to provide
PEG channels
Article V. Definitions

14.08.26 Defined terms and phrases
Article VI. Violations; Enforcement

14.08.27 Violations; enforcement
ARTICLE I. GENERAL PROVISIONS
§ 14.08.01 SHORT TITLE.

This chapter is known and may be cited as the
“Cable, Video and Telecommunications Service
Providers Ordinance” of the city.
§ 14.08.02 AUTHORITY.

This chapter is enacted by the city pursuant to the
Communications Act, the city’s police powers under
its Charter, its authority to control the use of the
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San Bernardino - Franchises6
public rights-of-way within the city and all other
applicable laws.

Cross-reference:

Communications Act defined, see § 14.08.26
§ 14.08.03 DEFINED TERMS AND PHRASES.

Various terms and phrases used in this chapter are
defined in § 14.08.26.

ARTICLE II. PROCEDURES FOR GRANTING,

RENEWING AND TRANSFERRING

FRANCHISES FOR CABLE SYSTEMS
§ 14.08.04 FRANCHISE REQUIRED.

It is unlawful for any person to construct, install,
maintain or operate a cable television system within
any street or public way in the city without first
obtaining a franchise under the provisions of this
article or, if applicable, under the provisions of the
Digital Infrastructure and Video Competition Act of
2006; provided, however, that any cable operator
authorized to provide cable service under a franchise
granted by the city prior to the effective date of this chapter may continue to exercise that authority until
the expiration or termination of that franchise.

Statutory reference:

Digital Infrastructure and Video Competition Act
of 2006, see Cal. Stats 2006, Assembly Bill
No. 2987, Ch. 700 codified at Cal. Public
Utilities Code, §§ 5800 et seq.
§ 14.08.05 CITY GRANTS OF CABLE
FRANCHISES.

Subject to applicable law, the city may, by
ordinance or resolution, grant a franchise to any
person, whether or not operating under an existing
franchise, or who elects to provide cable service
pursuant to the provisions of this chapter. The
franchise shall be subject to all ordinances and
regulations of general application now in effect or
subsequently enacted, including, without limitation,
those related to encroachment permits, business
licenses, zoning and building.
§ 14.08.06 FRANCHISE DURATION AND
RENEWAL.
(A) The term of the franchise or of any franchise
renewal shall be established in the franchise
agreement.
(B) A franchise may be renewed by the city upon
application of the grantee pursuant to procedures
established by the city, subject to applicable federal
and state law. In the event the city does not establish such renewal procedures, the franchise renewal
procedures set forth in federal law shall apply.
§ 14.08.07 LIMITATIONS OF FRANCHISE.
(A) A franchise granted under this chapter shall
be non-exclusive.
(B) The grant of a franchise, right or license to
use public rights-of-way for purposes of providing
cable service shall not be construed as a right or
license to use such public rights-of-way for any other
purpose.
(C) Any right or privilege claimed by a grantee
under a franchise in public rights-of-way or other
public property shall be subordinate to any prior or
subsequent lawful occupancy or use thereof, or
easement therein, by the city or other governmental
entity.
(D) A franchise granted under this chapter shall
not relieve a grantee of any obligation to obtain pole
space from any city department, utility company or
others maintaining poles in the public rights-of-way.

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Cable, Video and Telecommunications Service Providers 7 § 14.08.08 RIGHTS RESERVED TO THE
CITY.
(A) Subject to any restrictions that are mandated
by state or federal law, neither the granting of any
franchise nor any provisions of this chapter shall be
construed to preclude the city from granting additional franchises.
(B) By its acceptance of a franchise, a grantee
agrees to comply with all lawful ordinances and
regulations of general application now in effect or
subsequently enacted; provided, however, that such
ordinances and regulations shall not materially affect
grantee’s rights or obligations under the franchise.
(C) Neither the granting of a franchise, nor any
provisions of this chapter, shall constitute a waiver or bar to the city’s lawful exercise of any governmental
right or power.
(D) This chapter shall not be construed to impair
or affect, in any way, the right of the city to acquire the grantee’s property through the exercise of the
power of eminent domain, in accordance with
applicable law.
(E) The Mayor and City Council may do all
things necessary in the exercise of its jurisdiction
under this chapter and may determine any question of
fact that may arise during the term of any franchise
granted under this chapter.
(F) Any right or power in, or duty imposed
upon, any officer, employee, department or board of
the city shall be subject to transfer by the city to any other officer, employee, department or board of the
city.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.09 TRANSFERS AND ASSIGNMENTS.
(A) Grantee may not sell, transfer, lease, assign,
sublet or dispose of, in whole or in part, either by
forced or involuntary sale, or by ordinary sale,
contract, consolidation or otherwise, the franchise or
any of the rights or privileges therein granted, without the prior written consent of the Mayor and City
Council. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the written
consent of the Mayor and City Council is null and
void. The granting of a security interest in any assets of the grantee, or any mortgage or other
hypothecation, will not be deemed a transfer for the
purposes of this section.
(B) The requirements of division (A) above
apply to any change in control of the grantee. The
word “control,” as used herein, is not limited to the
ownership of major stockholder or partnership
interests, but includes actual working control in
whatever manner exercised. If the grantee is a
partnership or a corporation, prior authorization of the city is required where ownership or control of 25% or
more of the partnership interests or of the voting stock of the corporation, or any company in the tier of
companies controlling the grantee, whether directly or
indirectly, is acquired by a person or a group of
persons acting in concert, none of whom, individually
or collectively, owns or controls those partnership
interests or that voting stock of the grantee, or the
grantee’s upper tier of controlling companies, as of the effective date of the franchise.
(C) Unless precluded by federal law, the grantee
must give prior written notice to the city of any
proposed foreclosure or judicial sale of all or a
substantial part of the grantee’s franchise property.

That notification will be considered by the city as
notice that a change in control of ownership of the
franchise will take place, and the provisions of this
section that require the prior written consent of the
Mayor and City Council to that change in control of
ownership will apply.
(D) For the purpose of determining whether it
will consent to an acquisition, transfer or change in
control, the city may inquire about the qualifications of the prospective transferee or controlling party, and the

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San Bernardino - Franchises8
grantee must assist the city in that inquiry. In seeking the city’s consent to any change of ownership or
control, the grantee or the proposed transferee, or
both, must complete Federal Communications
Commission Form 394 or its equivalent. This
application must be submitted to the city not less than 120 days prior to the proposed date of transfer. The
transferee must establish that it possesses the legal,
financial and technical capability to remedy all
then-existing defaults and deficiencies, and during the remaining term of the franchise, to operate and
maintain the cable system and to comply with all
franchise requirements. If the legal, financial and
technical qualifications of the proposed transferee are determined to be satisfactory, then the city will
consent to the transfer of the franchise.
(E) Any financial institution holding a pledge of
the grantee’s assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon the grantee’s default
in its financial obligations. Further, that financial
institution must also submit a plan for such operation
within 90 days after assuming control. The plan must
ensure continued service and compliance with all
franchise requirements during the period that the
financial institution will exercise control over the
system. The financial institution may not exercise
control over the system for a period exceeding one
year, unless authorized by the city, in its sole
discretion, and during that period, it will have the
right to petition the city to transfer the franchise to another grantee.
(F) Unless prohibited by applicable law, the
grantee must reimburse the city for the city’s
reasonable review and processing expenses incurred in
connection with any transfer or change in control of
the franchise, as provided for in § 14.08.15.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.10 FRANCHISE SERVICE AREA;
ANNEXATIONS.
(A) The franchise service area shall be
established in the franchise agreement.
(B) Territory annexed to the city that is not
within the service area of a franchised or licensed
cable operator at the time of annexation may be
included within the franchise service area of an
incumbent cable operator, as determined by Mayor
and City Council resolution.
(C) Territory annexed to the city that is included
within the service area of a franchise or license issued by a local franchising authority other than the city is subject to the following provisions.
(1) If the franchisee or licensee has not
commenced construction or installation of a cable
system before the annexation becomes effective, then
all rights acquired by a cable operator under that
franchise or license will terminate by operation of law. (2) If the franchisee or licensee has
commenced construction or installation of a cable
system before the annexation becomes effective, then
that franchisee or licensee may continue to provide
cable service to the annexed territory in accordance
with the terms and conditions of the existing franchise or license; provided that all obligations thereunder,
including the timely payment of franchise fees and
PEG support fees, if any, shall be due and owing to
the city by operation of law.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.11 APPLICATION FOR NEW
FRANCHISE; CONTENTS.
(A) An application for the grant of a new
franchise may be submitted by any person pursuant to

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Cable, Video and Telecommunications Service Providers 9 the requirements of this chapter and subject to the
terms of the city’s schedule of fees, as such schedule
may, from time to time, be amended. The city may,
by advertisement or any other means, solicit
applications for a new franchise by issuing a request
for proposals.
(B) An application for a new franchise to
construct, install, operate or maintain a cable system
in the city shall be filed with the Department of
Finance and Management Services and shall be on
forms prescribed by the city. The city reserves the
right to waive all application formalities where the city determines that the best interests of the city would be served by such waiver.
(C) Unless waived in writing by the city, all
applications for a franchise shall contain the following:
(1) The name, address and telephone
number of the applicant;
(2) A detailed statement concerning the
applicant’s business entity, including, but not limited to, the following:
(a) The names and business addresses
of all officers and directors;
(b) The names and business addresses
of all persons having an ownership interest of 5% or
more in the applicant and the respective ownership
interest of each such person; and
(c) The names and addresses of any
parent or subsidiary of the applicant, namely, any
other business entity owning or controlling applicant
in whole or in part, or owned or controlled in whole or in part by the applicant, and a statement describing the business of any such parent or subsidiary, including,
but not limited to, cable systems owned or controlled
by the parent or subsidiary, and the geographic areas
served.
(3) A description of the applicant’s previous
experience in providing cable service or similar
communications services;
(4) A detailed financial statement of the
applicant, certified by an independent certified public accountant, for the fiscal year preceding the date of the application. The city may require a statement from an
independent certified public accountant, or a
recognized lending institution, certifying that the
applicant has sufficient financial resources available to construct and operate the proposed cable system in the
city;
(5) A detailed pro forma financial plan for
the operation of the cable system during the term of
the proposed franchise, in a format prescribed by the
city;
(6) A description of any cable system
franchises awarded to the applicant, its parent or
subsidiary, including the location and term of these
franchises, the status of their completion, the total cost of completion of each cable system and the amount of
applicant’s and its parent’s or subsidiary’s resources
committed to the completion of these cable systems;
(7) A detailed description of the applicant’s
proposed plan of operation which shall include, but not be limited to, the following:
(a) A detailed map that describes all
areas of the city proposed to be served, and a proposed schedule for the construction of the cable system and
the installation of all equipment necessary to become
operational throughout the area to be served;
(b) A schedule setting forth all
proposed classifications of rates and charges to be paid by subscribers, including installation and other service charges;
(c) A description of the equipment and
operational standards proposed by the applicant;
(d) A description of the applicant’s
plan to provide public, educational and governmental
access channel capacity, services, facilities and
equipment, including a description of the method to be

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San Bernardino - Franchises10
used by the applicant in reserving and inserting PEG
programming; and
(e) A description of the applicant’s
plans to address the city’s institutional network needs. (8) A copy of any existing agreement
covering the proposed franchise service area between
the applicant and local telephone or electric utilities that provides for applicant’s use of any facilities of
that utility, including, but not limited to, poles, lines or conduits; and
(9) Any additional information that the city
deems to be reasonably necessary to evaluate the
applicant’s qualifications.
(D) The applicant’s failure to comply with the
requirements of this section may be grounds for
rejection of an application at the city’s sole discretion. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625,
passed 2-21-2024)
§ 14.08.12 FRANCHISE APPROVAL.
(A) The city may make such investigation as it
deems necessary to determine the ability of an
applicant to satisfactorily perform its obligations under a franchise. The applicant shall timely furnish to the
city such additional information as the city may
request.
(B) Upon receipt of a complete application, and
following the city’s investigation and review of that
application, the City Manager shall prepare a report
and make recommendations to the Mayor and City
Council concerning the application.
(C) The Mayor and City Council shall hold a
noticed public hearing on the application. Written
notice shall be given to the applicant at least ten days prior to the hearing by United States mail, postage
prepaid, and by publication once in a newspaper of
general circulation within the city. Within 60 days
after the close of the hearing, unless an extension of
time is mutually agreed upon by the city and the
applicant, the Mayor and City Council shall make a
written decision on whether the franchise should be
granted, and if granted, subject to what conditions.
(D) In determining whether to grant an
application for a new franchise, the city may consider
all factors that affect the interests of the community, including, but not limited to, the quality of the
proposed cable service; the areas to be served; the
rates to be charged; the amount of franchise fees to be generated; the experience, character, background,
performance history and financial responsibility of an
applicant (and its management and owners); the
technical performance and quality of equipment; the
applicant’s willingness and ability to meet construction requirements; and all other matters deemed relevant by
the city to protect the interests of the city and the
public.
(E) The decision of the Mayor and City Council
concerning the granting or denial of a franchise
pursuant to this chapter shall be final.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.13 FRANCHISE RENEWAL.

Franchise renewals shall be processed in
accordance with then-applicable law and with the
renewal terms, if any, of the franchise agreement. The
city and the grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise.
§ 14.08.14 MULTIPLE FRANCHISES.
(A) In its sole discretion, the city may limit the
number of franchises granted at any one time based
upon its consideration of all appropriate criteria, which shall include, but not be limited to, the following:
(1) The capability of the public
rights-of-way to accommodate the facilities of any
proposed additional cable systems; and
(2) The advantages and disadvantages that
may result from additional cable system competition.
(B) The city may require that a grantee be
responsible for its own underground trenching and any

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Cable, Video and Telecommunications Service Providers 11 associated costs if, in the city’s opinion, the public
rights-of-way in any area cannot reasonably
accommodate the additional cables, machinery,
equipment or other facilities contemplated in
connection with the construction, maintenance and
operation of a proposed new cable system.
§ 14.08.15 FRANCHISE APPLICATION
PROCESSING COSTS.
(A) In connection with any application for a new
franchise, a franchise modification requesting entry
into a new area of the city, a franchise renewal or a
franchise transfer, the applicant shall pay an
application fee deposit equal to the city’s estimated
costs in processing and reviewing the application, as
such costs may be established, from time to time, by
resolution of the Mayor and City Council. Such costs
shall include all estimated administrative, consultant, noticing and document preparation expenses. No
application shall be considered without payment of the
application fee deposit. If the application fee deposit is less than the city’s actual costs, the applicant shall pay such additional costs to the city within 30 days after
written notice from the city that such additional
payment is required. If payment of such amount is not
made within such time, the city shall cease all further proceedings related to the application. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
(B) Application fee deposits are exclusive of an
applicant’s or grantee’s obligation to pay other costs
and fees required by this chapter or the franchise
agreement, including, without limitation, construction
inspection fees, permit fees and franchise fees.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.16 FRANCHISE FEE FOR CABLE
SERVICES.
(A) In consideration for the privilege to use the
city’s public rights-of-way in the operation of its cable system, and because the city will incur costs and
expenses in regulating and administering the franchise, the grantee shall pay to the city a franchise fee in an amount equal to 5% of the grantee’s gross revenues,
unless a greater amount is authorized by applicable
law.
(B) The franchise fee shall be paid quarterly and
must be received by the city not later than 45 days
after the close of each calendar quarter.
(C) Concurrently with the payment of franchise
fees, the grantee shall provide to the city a statement verified by a financial officer of grantee that sets forth gross revenues for the previous calendar quarter,
listing every revenue source and describing gross
revenue computations.
(D) (1) On an annual basis, the grantee shall file
a statement certified by a financial officer that sets
forth all gross revenues for the previous calendar year, listing every revenue source and describing gross
revenue computations.
(2) If the city has any objections relating to
that report, the city shall have 30 days to notify the
grantee and to request additional information. The
grantee shall have 30 days to provide additional
information to resolve any objections to the city’s
satisfaction.
(E) (1) At any time during the term of a
franchise, the city has the right to conduct, or require the grantee to obtain, an independent audit by certified public accountants approved by the city of all records
of the grantee related to gross revenue reports or
computations. The grantee shall pay all costs of that
audit. The grantee shall cooperate with any such audit
and shall make readily available all information
requested by the city without regard as to whether
information is contained in documents (as defined in
the Public Records Act) or other media in the
possession or under the control of the grantee.
(2) The certified public accountants shall be
required to certify in the audit that the grantee is in compliance with this chapter and the franchise
agreement. The grantee shall maintain, in a readily
accessible place, all relevant financial records for a
minimum of four years after any payment period that
such records pertain to.
(F) If any franchise fee payment is not made by

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San Bernardino - Franchises12
the due date, interest shall be charged monthly at a
rate of 1%. In addition, if any franchise fee is not paid in full within 15 days after the grantee’s receipt of
notice from the city concerning the delinquency of that payment, a late fee in the amount of 5% of the
delinquent amount shall be assessed.

Editor’s note:

Utility usage data is not subject to PRA
requests, with certain exceptions under
Cal. Gov’t Code, § 7927.410 (formerly
Cal. Gov’t Code, § 6254.4).

Statutory reference:

Public Records Act, see Cal. Gov’t Code,
§§ 7920.000 et seq.
§ 14.08.17 CONTENTS OF CABLE
TELEVISION FRANCHISE AGREEMENT.
(A) The provisions of a franchise agreement for
the operation of a cable television system may relate to or include, without limitation, the following subject
matters:
(1) The geographical area, duration and
non-exclusive nature of the franchise;
(2) The applicable franchise fee to be paid
to the city, including the percentage amount, the
method of computation and the time for payment;
(3) Requirements relating to compliance
with and implementation of state and federal laws and
regulations pertaining to the operation of the cable
television system;
(4) Requirements relating to the
construction, upgrade or rebuild of the cable television system, as well as the provision of special services,
such as outlets for public buildings, emergency alert
capability and parental control devices;
(5) Requirements relating to the
maintenance of a performance bond, a security fund,
a letter of credit or similar assurances as determined
by the city to secure the performance of the grantee’s
obligations under the franchise agreement;
(6) Requirements relating to liability
insurance, workers’ compensation insurance and
indemnification;
(7) Requirements relating to consumer
protection and customer service standards, including
the resolution of subscriber complaints and disputes
and the protection of subscribers’ privacy rights,
which requirements may include, without limitation,
compliance with the statutes, rules and regulations set forth below in § 14.08.23;
(8) Requirements relating to the grantee’s
support of local cable usage, including the provision of public, educational or governmental access channels;
the coverage of public meetings and special events;
interconnection requirements; and financial support for the required access channel facilities and activities that is consistent with this title;
(9) Requirements relating to construction,
operation and maintenance of the cable system within
the public rights-of-way, including compliance with all applicable building codes and permit requirements; the
abandonment, removal or relocation of facilities; and
compliance with FCC technical standards;
( 1 0 ) Requirements relating to
record-keeping, accounting procedures, reporting,
periodic audits, performance reviews and the
inspection of grantee’s books and records;
(11) Acts or omissions constituting material
breaches of or defaults under the franchise agreement,
and the applicable penalties or remedies for those
breaches or defaults, including fines, penalties,
liquidated damages, suspension, revocation and
termination;
(12) Requirements relating to the sale,
assignment or other transfer or change in control of
the franchise;
(13) The grantee’s obligation to maintain
continuity of service and to authorize, under certain
specified circumstances, the city’s operation and
management of the cable system; and
(14) Such additional requirements,
conditions, policies and procedures as may be

Packet Page. 1361

Cable, Video and Telecommunications Service Providers 13 mutually agreed upon by the parties to the franchise
agreement and that will, in the judgment of the city,
best serve the public interest and protect the public
health, welfare and safety.
(B) If there is any conflict or inconsistency
between the provisions of a franchise agreement
authorized by the Mayor and City Council and
provisions of this section, the provisions of the
franchise agreement will control.
(Ord. MC-1484, passed 4-18-2018)
ARTICLE III. OPEN VIDEO SYSTEMS
§ 14.08.18 APPLICABILITY.

The provisions of this article apply to an open
video system operator that intends to deliver video
programming to consumers in the city over an open
video system.
§ 14.08.19 APPLICATION REQUIRED.
(A) Before commencing the delivery of video
programming services to consumers in the city over an
open video system, the open video system operator
must file an application with the city. That application must include or be accompanied by the following, as
applicable:
(1) The identity of the applicant, including
all affiliates of the applicant;
(2) Copies of FCC Form 1275, all “notices
of intent” filed under 47 C.F.R. § 76.1503(b)(1) and
the order of the FCC, all of which relate to
certification of the applicant to operate an open video system in accordance with § 653(a)(1) of the
Communications Act, being 47 U.S.C. § 573(a)(1),
and the FCC’s rules;
(3) The area or areas of the city that the
applicant desires to serve;
(4) A description of the open video system
services that will be offered by the applicant over its existing or proposed facilities;
(5) A description of the transmission
medium that will be used by the applicant to deliver
the open video system services;
(6) Information in sufficient detail to
establish the applicant’s technical qualifications,
experience and expertise regarding the ownership and
operation of the open video system described in the
application;
(7) Financial statements prepared in
accordance with generally accepted accounting
principles that demonstrate the applicant’s financial
ability to:
(a) Construct, operate, maintain and
remove any new physical plant that is proposed to be
constructed in the city;
(b) Comply with the city’s PEG access
channel requirements as specified below in
§ 14.08.21(B)(4); and
(c) Comply with the city’s requirement
that gross revenue fees be paid in the sum of 5%, as
specified below in § 14.08.21(B)(2).
(8) An accurate map showing the location
of any existing telecommunications facilities in the city that the applicant intends to use, to purchase or to
lease;
(9) If the applicant’s operation of the open
video system will require the construction of a new
physical plant in the city, the following additional
information must be provided:
(a) A preliminary construction
schedule and completion dates;
(b) Preliminary engineering plans,
specifications and a network map of any new facilities
to be constructed in the city, in sufficient detail to
identify:

1. The location and route

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San Bernardino - Franchises14
requested for the applicant’s proposed facilities;

2. The locations, if any, for
interconnection with the facilities of other
telecommunications service providers; and

3. The specific structures,
improvements, facilities relocate on a temporary or
permanent basis.
(c) The applicant’s statement that, in
constructing any new physical plant, the applicant will comply with all applicable ordinances, rules and
regulations of the city, including the payment of all
required permit and processing fees.
(10) The information and documentation that
is required to be submitted to the city by a video
provider, as specified below in § 14.08.23(B);
(11) Such additional information as may be
required by the City Manager; and
(12) A non-refundable filing fee in an
amount established by resolution of the Mayor and
City Council.
(B) If any item of information specified in
division (A) above is determined under paramount
federal or state law to be unlawful, the City Manager
is authorized to waive the requirement that such
information be included in the application.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.20 REVIEW OF APPLICATION.

Within 30 days after receipt of an application
filed under § 14.08.19 that is deemed to be complete,
the City Manager will give written notice to the
applicant of the city’s intent to negotiate an agreement setting forth the terms and conditions under which the
operation of the proposed open video system will be
authorized by the city. The commencement of those
negotiations will be on a date that is mutually
acceptable to the city and to the applicant.
§ 14.08.21 AGREEMENT REQUIRED.
(A) No video programming services may be
provided in the city by an open video system operator
unless the operator and the city have executed a
written agreement, which may be designated as a
franchise, setting forth the terms and conditions under which the operation of the proposed open video system
will be authorized by the city.
(B) The agreement between the city and the open
video system operator may contain terms and
conditions that relate to the following subject matters, to the extent that such terms, conditions and subject
matters are not preempted by federal statute or
regulations:
(1) The nature, scope and duration of the
agreement, including provisions for its renewal or
extension;
(2) The obligation of the open video system
operator to pay to the city, at specified times, fees on the gross revenue received by the operator, as
authorized by 47 C.F.R. § 76.1511, in accordance
with the following standards and procedures.
(a) The amount of the fees on the gross
revenue will be 5%, and will be paid in lieu of the
franchise fees authorized under § 622 of the
Communications Act, being 47 U.S.C. § 542.
(b) The term GROSS REVENUE
means:

1. All gross revenue received by
an open video system operator or its affiliates,
including all revenues received from subscribers and
all carriage revenues received from unaffiliated video
programming providers; and

2. All advertising revenues
received by the operator or its affiliates in connection with the provision of video programming, where such
revenues are included in the calculation of the cable
franchise fee paid to the city by the franchised cable
operator. The term GROSS REVENUE does not
include revenue, such as subscriber or advertising
revenue, collected by unaffiliated video programming
providers.

Packet Page. 1363

Cable, Video and Telecommunications Service Providers 15 (3) The obligation of the open video system
operator to comply with requirements relating to
information collection and record-keeping, accounting
procedures, reporting, periodic audits and inspection
of records in order to ensure the accuracy of the fees
on the OVS gross revenue that are required to be paid
as specified above in division (B)(2) above;
(4) The obligation of the open video system
operator to meet the city’s requirements with respect
to PEG access facilities, as provided for in 47 C.F.R.
§ 76.1505. In this regard, the following standards and
procedures are applicable.
(a) The open video system operator is
subject to the same PEG access channel requirements
that apply within the cable television franchise service area with which its system overlaps.
(b) The open video system operator
must ensure that all subscribers receive all PEG access channels within the franchise service area in which the city’s subscribers are located.
(c) The open video system operator
may negotiate with the city to establish the operator’s obligations with respect to PEG access facilities. These negotiations may include the city’s franchised cable
operator if the city, the open video system operator
and the franchised cable operator so desire.
(d) If the open video system operator
and the city are unable to reach an agreement
regarding the operator’s obligations with respect to
public, educational and government access channel
capacity, services, facilities and equipment within the city’s jurisdiction, then the following obligations will be imposed.

1. The open video system
operator must satisfy the same PEG access channel
obligations as the city’s franchised cable operator by
providing the same amount of channel capacity for
PEG access and by matching the city’s franchised
cable operator’s annual financial contributions in
support of public, educational and government access
services, facilities and equipment that are actually used by the city. For in-kind contributions, such as cameras or production studios, the open video system operator
may satisfy its statutory obligation by negotiating
mutually agreeable terms w ith the city’s franchised
cable operator, so that PEG access services to the city are improved or increased. If such terms cannot be
agreed upon, the open video system operator must pay
to the city the monetary equivalent of the franchised
cable operator’s depreciated in-kind contribution, or,
in the case of facilities, the annual amortization value.

Any matching contributions provided by the open
video system operator must be used to fund activities
arising under § 611 of the Communications Act, being
47 U.S.C. § 531.

2. The city will impose upon the
open video system operator the same rules and
procedures that it imposes upon the franchised cable
operator with regard to the open video system
operator’s use of channel capacity designated for PEG
access channel use when that capacity is not being
used for such purposes.
(e) The city’s franchised cable operator
is required under federal law to permit the open video
system operator to connect with its PEG access
channel feeds. The open video system operator and the
franchised cable operator may decide how to
accomplish this connection, taking into consideration
the physical and technical characteristics of the cable and the open video systems involved. If the franchised
cable operator and the open video system operator
cannot agree on how to accomplish the connection, the
city has the right to decide. The city may require that the connection occur on city owned property or on
public rights-of-way.
(f) All costs of connection to the
franchised cable operator’s PEG access channel feed
must be borne by the open video system operator.

These costs will be counted towards the open video
system operator’s matching financial contributions set
forth above in division (B)(4)(d)1. above.

Packet Page. 1364

San Bernardino - Franchises16
(g) The city will not impose upon the
open video system operator any public, educational or
government access channel obligations that are more
favorable or less burdensome than those imposed upon
the franchised cable operator.
(h) If there is no existing franchised
cable operator, the provisions of 47 C.F.R.
§ 76.1505(d)(6) will be applicable in determining the
obligations of the open video system operator.
(i) The open video system operator
must adjust its system to comply with new public,
educational, governmental and access channel
obligations imposed on the city’s franchised cable
operator following a renewal of the cable television
franchise; provided, however, that the open video
system operator will not be required to displace other
programmers using its open video system to
accommodate PEG access channels. The open video
system operator must comply with such new PEG
access channel obligations whenever additional
capacity is or becomes available, whether it is due to
increased channel capacity or to decreased demand for
channel capacity.
(5) If the city and the open video system
operator cannot agree on the application of the FCC’s
rules regarding the open video system operator’s
obligations to provide PEG access under the provisions
of division (B)(4) above, then either party may file a
complaint with the FCC in accordance with the dispute
resolution procedures set forth in 47 C.F.R.
§ 76.1514. No agreement will be executed by the city
until the dispute has been finally resolved;
(6) If the open video system operator
intends to maintain an institutional network, as defined in § 611(f) of the Communications Act , being 47
U.S.C. § 531(f), the city will require that educational and government access channels be designated on that
institutional network to the same extent that those
channels are designated on the institutional network of the city’s franchised cable operator. In addition, to the extent authorized by federal law, the open video
system operator may be required by the city to satisfy
the same financial obligations and other requirements
that are imposed upon the franchised cable operator to
support data-transmission and related services that are provided by the institutional network;
(7) The authority of an open video system
provider to exercise editorial control over any public, educational or government use of channel capacity will
be restricted in accordance with the provisions of 47
C.F.R. § 76.1505(f);
(8) The obligation of the open video system
operator to comply with all applicable federal, state
and local statutes, ordinances and regulations, relating to customer service standards, including the Cable
Television and Video Provider Customer Service and
Information Act (Cal. Gov’t Code, §§ 53054 et seq.);
the Video Customer Service Act (Cal. Gov’t Code,
§§ 53088 et seq.); and the consumer protection and
service standards of this chapter, commencing with
§ 14.08.22;
(9) If new physical plant is proposed to be
constructed within the city, the obligation of the open video system operator to comply with the following
rights-of-way use and management responsibilities that
are also imposed by the city upon other
telecommunications service providers in a
non-discriminatory and competitively neutral manner:
(a) Compliance with all applicable city
laws, including applications for excavation,
encroachment and construction permits and the
payment of all required permit and inspection fees;
(b) The coordination of construction
activities;
(c) Compliance with established
standards and procedures for constructing lines across
private property;
(d) Compliance with all applicable
insurance and indemnification requirements;
(e) The repair and resurfacing of
construction-damaged streets; and

Packet Page. 1365

Cable, Video and Telecommunications Service Providers 17 (f) Compliance with all public safety
requirements that are applicable to telecommunications
service providers using public property or public
rights-of-way.
(10) Acts or omissions constituting breaches
or defaults of the agreement, and the applicable
penalties, liquidated damages and other remedies,
including fines or the suspension, revocation or
termination of the agreement;
(11) Requirements relating to the sale,
assignment or transfer of the open video system;
(12) Requirements relating to the open video
system operator’s compliance with and implementation
of state and federal laws, rules and regulations
pertaining to the operation of the open video system;
and
(13) Such additional requirements,
conditions, terms, policies and procedures as may be
mutually agreed upon by the city and the open video
system operator and that will, in the judgment of the
Mayor and Common
City Council, best serve the
public interest and protect the public health, welfare
and safety.

ARTICLE IV. OTHER VIDEO AND

TELECOMMUNICATIONS SERVICES AND

SYSTEMS
§ 14.08.22 OTHER MULTI-CHANNEL VIDEO
PROGRAMMING DISTRIBUTORS.

The term CABLE SYSTEM does not include a
facility that serves subscribers without using any
public rights-of-way. Consequently, the categories of
multi-channel video programming distributors
identified below are not deemed to be CABLE
SYSTEMS and are, therefore, exempt from the city’s
franchise requirements and from certain other local
regulatory provisions authorized by federal law;
provided that their distribution or transmission
facilities do not involve the use of the city’s public
rights-of-way.
(A) MULTI-CHANNEL MULTI-POINT
DISTRIBUTION SERVICE (“MMDS”), also known
as WIRELESS CABLE, which typically involves the
transmission by an FCC-licensed operator of numerous
broadcast stations from a central location using
line-of-sight technology.
(B) LOCAL MULTI-POINT DISTRIBUTION
SERVICE (“LMDS”), another form of over-the-air,
wireless video service for which licenses are auctioned by the FCC and that offers video programming,
telephone and data networking services.
(C) DIRECT BROADCAST SATELLITE
(“DBS”), also referred to as DIRECT-TO-HOME
SATELLITE SERVICES , which involves the
distribution or broadcasting of programming or
services by satellite directly to the subscriber’s
premises without the use of ground receiving or
distribution equipment, except at the subscriber’s
premises or in the up-link process to the satellite.

Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory
provisions.
(1) 47 U.S.C. § 303(v) confers upon the
FCC exclusive jurisdiction to regulate the provisions
of direct-to-home satellite services.
(2) Section 602 of the Communications Act,
being 47 U.S.C. § 522, states that a provider of
direct-to-home satellite service is exempt from the
collection or remittance, or both, of any tax or fee
imposed by any local taxing jurisdiction on
direct-to-home satellite service. The terms TAX and
FEE are defined by federal statute to mean any local
sales tax, local use tax, local intangible tax, local
income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax or any other tax, license or fee that is imposed for the privilege of doing business,
regulating or raising revenue for a local taxing
jurisdiction.
§ 14.08.23 VIDEO PROVIDERS -
REGISTRATION; CUSTOMER SERVICE
STANDARDS.

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San Bernardino - Franchises18
(A) Unless the customer protection and customer
service obligations of a video provider are specified in a franchise with the city, a video provider must
comply with all applicable provisions of the following
state statutes:
(1) The Cable Television and Video
Provider Customer Service and Information Act (Cal.

Gov’t Code, §§ 53054 et seq.); and
(2) The Video Customer Service Act (Cal.

Gov’t Code, §§ 53088 et seq.).
(B) (1) All video providers that are operating in
the city on the effective date of this chapter, or that intend to operate in the city after the effective date of this chapter, and are not required under applicable law to operate under a franchise, license, lease or similar written agreement with the city, must register with the city.
(2) The registration form must include or be
accompanied by the following:
(a) The video provider’s name, address
and local telephone numbers;
(b) The names of the officers of the
video provider;
(c) A copy of the video provider’s
written policies and procedures relating to customer
service standards and the handling of customer
complaints, as required by Cal. Gov’t Code, §§ 53054
et seq. These customer service standards must include,
without limitation, standards regarding the following:

1. Installation, disconnection,
service and repair obligations, employee identification and service call response time and scheduling;

2. Customer telephone and office
hours;

3. Procedures for billing,
charges, refunds and credits;

4. Procedures for termination of
service;

5. Notice of the deletion of a
programming service, the changing of channel
assignments or an increase in rates;

6. Complaint procedures and
procedures for bill dispute resolution;

7. The video provider’s written
acknowledgment of its obligation under Cal. Gov’t
Code, § 53055.1 to provide to new customers a notice
describing the customer service standards specified in
divisions (B)(2)(c)1. through (B)(2)(c)6. above at the
time of installation or when service is initiated. The
notice must also include, in addition to all of the
information described above in divisions (B)(2)(c)1.
through (B)(2)(c)6. above, all of the following:
a. A listing of the services
offered by the video provider that clearly describes all levels of service and the rates for each level of service; b. The telephone number or
numbers through which customers may subscribe to,
change or terminate service; request customer service;
or seek general or billing information; and
c. A description of the rights
and remedies that the video provider may make
available to its customers if the video provider does
not materially meet its customer service standards.

8. The video provider’s written
commitment to distribute annually to its employees and
customers, and to the city, a notice describing the
customer service standards specified above in divisions (B)(2)(c)1. through (B)(2)(c)6. above. This annual
notice must include the report of the video provider on its performance in meeting its customer service
standards, as required by Cal. Gov’t Code, § 53055.2.
(d) Unless a video provider is exempt
under federal law from its payment, a registration fee
in an amount established by resolution of the Mayor
and Common
City Council to cover the reasonable
costs incurred by the city in reviewing and processing
the registration form; and
(e) In addition to the registration fee
specified above in division (B)(2)(d) above, the written

Packet Page. 1367

Cable, Video and Telecommunications Service Providers 19 commitment of the video provider to pay to the city,
when due, all costs and expenses reasonably incurred
by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution
is mandated by Cal. Gov’t Code, § 53088.2(p).
(C) The customer service obligations imposed
upon video providers by the Video Customer Service
Act, Cal. Gov’t Code, §§ 53088 et seq. consist of the
following.
(1) Every video provider must render
reasonably efficient service, make repairs promptly
and interrupt service only as necessary.
(2) All video provider personnel contacting
subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider.
(3) At the time of installation, and annually
thereafter, all video providers must provide to all
customers a written notice of the programming
offered, the prices for that programming, the
provider’s installation and customer service policies
and the name, address and telephone number of the
city’s office that is designated for receiving
complaints.
(4) All video providers must have
knowledgeable, qualified company representatives
available to respond to customer telephone inquiries
Monday through Friday, excluding holidays, during
normal business hours.
(5) All video providers must provide to
customers a toll-free or local telephone number for
installation, service and complaint calls. These calls
must be answered promptly by the video providers.
(6) All video providers must render bills
that are accurate and understandable.
(7) All video providers must respond
promptly to a complete outage in a customer’s service.

The response must occur within 24 hours of the
reporting of such outage to the provider, except in
those situations beyond the reasonable control of the
video provider. A video provider will be deemed to
respond to a complete outage when a company
representative arrives at the outage location within 24 hours and begins to resolve the problem.
(8) All video providers must provide a
minimum of 30 days’ written notice before increasing
rates or deleting channels. All video providers must
make every reasonable effort to submit the notice to
the city in advance of the distribution to customers.

The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the
video provider. In those cases, the video provider must make reasonable efforts to provide customers with as
much notice as possible.
(9) Every video provider must allow every
residential customer who pays his or her bill directly
to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to
a residential rental agreement establishing tenancy.

Customer payments must be posted promptly. No
video provider may terminate residential service for
non-payment of a delinquent account unless the video
provider furnishes notice of the delinquency and
impending termination at least 15 days prior to the
proposed termination. The notice must be mailed,
postage prepaid, to the customer to whom the service
is billed. Notice must not be mailed until the sixteenth day after the date the bill for services was mailed to
the customer. The notice of delinquency and
impending termination may be part of a billing
statement. Additionally, no video provider may assess
a late fee any earlier than the twenty-second day after the bill for service has been mailed.
(10) Every notice of termination of service,
pursuant to the preceding division (C)(9) above, must
include all of the following information:
(a) The name and address of the
customer whose account is delinquent;
(b) The amount of the delinquency;
(c) The date by which payment is
required in order to avoid termination of service; and
(d) The telephone number of a

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San Bernardino - Franchises20
representative of the video provider who can provide
additional information and handle complaints or
initiate an investigation concerning the service and
charges in question.
(11) Service may only be terminated on days
in which the customer can reach a representative of the video provider either in person or by telephone.
(12) Any service terminated without good
cause must be restored without charge for the service
restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are
insufficient funds, theft of service, abuse of equipment or system personnel or other similar subscriber
actions.
(13) All video providers must issue requested
refund checks promptly, but no later than 45 days
following the resolution of any dispute, and following
the return of the equipment supplied by the video
provider, if service is terminated.
(14) All video providers must issue security
or customer deposit refund checks promptly, but no
later than 45 days following the termination of service, less any deductions permitted by law.
(15) Video providers must not disclose the
name and address of a subscriber for commercial gain
to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the
businesses of the video providers or their affiliates,
unless the video providers have provided to the
subscriber a notice, separate or included in any other
customer notice, that clearly and conspicuously
describes the subscriber’s ability to prohibit the
disclosure. Video providers must provide an address
and telephone number for a local subscriber to use
without toll charge to prevent disclosure of the
subscriber’s name and address.
(D) As authorized by Cal. Gov’t Code,
§ 53088.2(r), the following schedule of penalties is
adopted. These penalties may be imposed for the
material breach by a video provider of the consumer
protection and service standards that are set forth in
division (C) above; provided that the breach is within
the reasonable control of the video provider. These
penalties are in addition to any other remedies
authorized by this chapter or by any other law, and the city has discretion to elect the remedy that it will
apply. The imposition of penalties authorized by this
division (D) will not prevent the city or any other
affected party from exercising any other remedy to the
extent permitted by law, including, but not limited to, any judicial remedy as provided in division (D)(2)
below.
(1) Schedule of penalties.
(a) For a first material breach: the
maximum penalty is $200 for each day of material
breach, but not to exceed a cumulative total of $600
for each occurrence of material breach, irrespective of the number of customers affected;
(b) For a second material breach of the
same nature for which a monetary penalty was
previously assessed within the preceding 12-month
period: the maximum penalty is $400 per day, not to
exceed a cumulative total of $1,200 for each
occurrence of the material breach, irrespective of the
number of customers affected;
(c) For a third or further material
breach of the same nature for which a monetary
penalty was previously assessed within the preceding
12-month period: the maximum penalty is $1,000 per
day, not to exceed a cumulative total of $3,000 for
each occurrence of the material breach, irrespective of the number of customers affected; and
(d) The maximum penalties referenced
above may be increased by any add itional amount
authorized by state law.
(2) Judicial remedies not affected. The
imposition of penalties in accordance with the
provisions of division (D)(1) above do not preclude
any affected party from pursuing any judicial remedy
that is available to that party.
(3) Administration, notice and appeal.
(a) The City Manager is authorized to
administer this division (D). Decisions by the City
Manager to assess penalties against a video provider

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Cable, Video and Telecommunications Service Providers 21 must be in writing and must contain findings
supporting the decisions. Decisions by the City
Manager are final, unless appealed to the Mayor and
City Council.
(b) If the video provider or any
interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within ten days of
the written decision, appeal that decision in writing to the Mayor and City Council. The appeal letter must be
addressed to the City Clerk and must be accompanied
by any applicable fee established by the Mayor and
City Council for processing the appeal. The Mayor
and City Council may affirm, modify or reverse the
decision of the City Manager.
(c) The imposition of monetary
penalties under division (D)(1) above is subject to the following requirements and limitations.

1. The city must give the video
provider written notice of any alleged material breach
of the consumer service standards and must allow the
video provider at least 30 days from receipt of that
notice to remedy the breach.

2. For the purpose of assessing
monetary penalties, a material breach will be deemed
to have occurred for each day following the expiration
of the period for cure specified in division (D)(3)(c)1. above that the material breach has not been remedied
by the video provider, irrespective of the number of
customers affected.

3. In assessing monetary
penalties under this division (D), the City Manager,
any designated hearing officer or the Mayor and City
Council, as applicable, may take into account the
nature, circumstances, extent and gravity of the
violation and, with respect to the video provider, the
degree of culpability, any history of prior violations
and such other matters as may be relevant. If
warranted under the circumstances, the monetary
penalty to be assessed may be less than the maximum
penalty authorized in division (D)(1) above.
(Ord. MC-1484, passed 4-18-2018)
§ 14.08.24 TELECOMMUNICATIONS

SERVICE PROVIDED BY TELEPHONE
CORPORATIONS.

Any video programming provided by a telephone
corporation that uses public rights-of-way in the
delivery of that video programming, regardless of the
technology used, will be considered a cable service
under this chapter unless such programming is
otherwise expressly authorized by state or federal law. (A) In recognition of and in compliance with
statutory requirements that are set forth in state law, the following regulatory provisions are applicable to a telephone corporation that desires to provide
telecommunications service by means of facilities that
are proposed to be constructed within the city’s public rights-of-way.
(1) The telephone corporation must apply
for and obtain, as may be applicable, an excavation
permit, an encroachment permit or a building permit
(“ministerial permit”).
(2) In addition to the information required
by this chapter, in connection with an application for
a ministerial permit, a telephone corporation must
submit to the city the following supplemental
information:
(a) A copy of the certificate of public
convenience and necessity issued by the State Public
Utilities Commission (“CPUC”) to the applicant, and
a copy of the CPUC decision that authorizes the
applicant to provide the telecommunications service
for which the facilities are proposed to be constructed in the city’s public rights-of-way; and
(b) If the applicant has obtained from
the CPUC a certificate of public convenience to
operate as a “competitive local carrier,” the following additional requirements are applicable.

Packet Page. 1370

San Bernardino - Franchises22

1. As required by the CPUC, the
applicant must establish that it has filed with the city, in a timely manner, a quarterly report that describes
the type of construction and the location of each
construction project proposed to be undertaken in the
city during the calendar quarter in which the
application is filed, which information is sufficient to enable the city to coordinate multiple projects, as may be necessary.

2. If the applicant’s proposed
construction project will extend beyond the utility
rights-of-way into undisturbed areas or other
rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the
proposed construction project has been subjected to a
full-scale environmental analysis by the CPUC, as
required by Decision No. 95-12-057 of the CPUC.

3. The applicant must inform the
city whether its proposed construction project will be
subject to any of the mitigation measures specified in
the negative declaration (“Competitive Local Carriers
(“CLCs”) Projects for Local Exchange
Communication Service throughout California”) or to
the mitigation monitoring plan adopted in connection
with Decision No. 95-12-057 of the CPUC. The city’s
issuance of a ministerial permit will be conditioned
upon the applicant’s compliance with all applicable
mitigation measures and monitoring requirements
imposed by the CPUC upon telephone corporations
that are designated as “competitive local carriers.”
(B) In recognition of the fact that numerous
excavations in the public rights-of-way diminish the
useful life of the surface pavement, and for the
purpose of mitigating the adverse impacts of numerous
excavations on the quality and longevity of public
street maintenance within the city, the following
policies and procedures are adopted.
(1) The City Manager is directed to ensure
that all public utilities, including telephone
corporations, comply with all local design,
construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way.
(2) The City Manager is directed to
coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the
public rights-of-way. In this regard, based upon
projected plans for street construction or renovation
projects, the City Manager is authorized to establish,
on a quarterly basis, one or more construction time
periods or “windows” for the installation of facilities within the public rights-of-way. Telephone
corporations and other public utilities that submit
applications for ministerial permits to construct
facilities after a predetermined date may be required to delay such construction until the next quarterly
“window” that is established by the city.
(C) Subject to applicable provisions of state and
federal law, any video programming provided by a
telephone corporation that uses public rights-of-way in the transmission or delivery of that video
programming, regardless of the technology used, will
be deemed to be a video service subject to the
franchise requirements set forth in § 14.08.04.
(D) Telephone corporations that apply for and
receive a state franchise to provide video service
within all or any part of the city must comply with the provisions of this title, and all applicable provisions of the Digital Infrastructure and Video Competition Act
of 2006 (Division 2.4

2.5 of the Cal. Public Utilities
Code, commencing with § 5800).
§ 14.08.25 PUBLIC, EDUCATIONAL AND
GOVERNMENTAL SUPPORT FEE (“PEG
FEE”) AND REQUIREMENT TO PROVIDE
PEG CHANNELS.
(A) PEG fee. A fee of 1% of gross revenues
shall be assessed on all video service providers that

Packet Page. 1371

Cable, Video and Telecommunications Service Providers 23 use the public rights-of-way, including all local
franchisees and all holders of state franchises as
consistent with state or federal law. The PEG fee shall be paid quarterly, to be received by the city not later than 45 days after the close of each quarter of
grantee’s fiscal year.
(1) On a quarterly basis, the grantee shall
provide the city a complete and accurate statement
verified by a financial officer of the grantee indicating gross revenues for the past quarter, listing every
revenue source and depicting gross revenue
computations.
(2) A video service provider subject to this
section may recover the amount of any fee by billing
a recovery fee as a separate line item on the regular
bill of each subscriber.
(B) Channel designation. All video service
providers that use the public rights-of-way shall
designate sufficient amount of capacity on its network
to allow the carriage of at least three public,
educational or governmental access (“PEG”) channels.

Mayor and City CouncilSeptember 3, 2025

Mayor and City Council
September 3, 2025