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HomeMy WebLinkAbout1989-06-27 - ORDINANCES - VEHICLE TRAFFIC (2)ORDINANCE NO. 89-12 A SUMMARY OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO ADD TITLE 12, RELATING TO VEHICLES AND TRAFFIC, PURSUANT TO GOVERNMENT CODE SECTION 36933 (c) (1) SECTION 1. The Municipal Code for the City of Santa Clarita. is amended to add the following Title, consisting of the following Chapters: TITLE 12. VEHICLES AND TRAFFIC Chapter 12.04. General Provisions Chapter 12.08. Definitions Chapter 12.12. Enforcement Chapter 12.20. Traffic Signs and Signals Chapter 12.28. Traffic on Private Streets Chapter 12.32. Speed Limits Chapter 12.36. Boulevard Stops Chapter 12.40. Turning Movements Chapter 12.48. Weight Limits Chapter 12.52. Crosswalks and Bicycle Lanes Chapter 12.54. Skateboards and Roller Skates Chapter 12.56. Railroad Crossings Chapter 12.62. Intoxication Control Roadblocks Chapter 12.64. Stopping, Standing and Parking Chapter 12.68. Trespass by Motor Vehicles Chapter 12.72. Repossession of Motor Vehicles Chapter 12.76. Miscellaneous Regulations Chapter 12.78. Cruising Chapter 12.80. Abandoned or Inoperative Vehicles Chapter 12.88. Parades Chapter 12.92. Roads Under Construction SECTION 2. That the provisions of Section l of this ordinance specifically supersede the applicability of Title 15, Vehicles and Traffic, of the Los Angeles: County:_ Code, previously incorporated by reference. ,The provisions of :Section 1 of this ordinance supersede no other applicable .`Section;" chapter. or title of the Los Angeles County Code, except for Los Angeles County Title 15, Vehicles and Traffic. SECTION 3. The .City Clerk shall certify to the passage of. this ordinance and -shall cause it to -be published or posted in the manner prescribed by law. PASSED AND APPROVED this 27th day of June 1989. Mayor '/.'Ld — ATTES /,�(Al ^" C -e rk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF SANTA CLARITA ) I, George Caravalho. City Clerk of the City of Santa Clarita do hereby certify that the foregoing Ordinance No. 89-12 was regularly introduced and placed upon its first reading at a regular meeting of the City Council. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of June , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boyer, Darcy, Koontz, McKeon, Heidt NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i Cler 12.04.010. Title. The 'or finance"codified in this Title " °^"s shall be known as, and may be cited, -as,' "the traffic ordinance." 12.04.020. Continuation of. provisions. The provisions Y of the ordinance codified in this Title, insofar as they are sub= tantially the same as ordinance provisions existing prior—to the effective date of this ordinance and' -relating to the same subject"t, exiny,. atter, shall be construed as restatements and continuations of ink =the law, and not as new enactments.'' ": .. 12.04.030. Scope -- Exceptions to applicability.''' .., Except as explicitly otherwise stated, this Title does not -apply,: to traffic or to vehicles on either state highways or private :4 streets. w 12.04.040. Powers of deputies,Whenever,"`by the"" �`.,°,n",_ provisions of this Title, a power is:grante&._to a:.goliee:o€€icer or a duty imposed upon such officer, ,the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly `' otherwise provided. 12.04.050. Exemptions for"emergency and other p vehicles. The provisions of this Title regulating the moving, parking and standing of vehicles shall not apply to- vehicles being used b the "- g y police department... or any authorized fire department or the California Department of Transportation while the operator of any such vehicle isengaged in the necessary performance of public emergency duties. CHAPTER 12.08 DEFINITIONS 12.08.010. Definitions generally. Whenever in this Title the words or phrases hereinafter in this chapter defined are used, they shall have the meanings respectively ascribed to them in this chapter unless the context indicates to the �.— contrary. DIY s. A eA^' _ TITLE 17�' i VEHICLES AND TRAFFIC fi CHAPTER 12,04 12.04.010. Title. The 'or finance"codified in this Title " °^"s shall be known as, and may be cited, -as,' "the traffic ordinance." 12.04.020. Continuation of. provisions. The provisions Y of the ordinance codified in this Title, insofar as they are sub= tantially the same as ordinance provisions existing prior—to the effective date of this ordinance and' -relating to the same subject"t, exiny,. atter, shall be construed as restatements and continuations of ink =the law, and not as new enactments.'' ": .. 12.04.030. Scope -- Exceptions to applicability.''' .., Except as explicitly otherwise stated, this Title does not -apply,: to traffic or to vehicles on either state highways or private :4 streets. w 12.04.040. Powers of deputies,Whenever,"`by the"" �`.,°,n",_ provisions of this Title, a power is:grante&._to a:.goliee:o€€icer or a duty imposed upon such officer, ,the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly `' otherwise provided. 12.04.050. Exemptions for"emergency and other p vehicles. The provisions of this Title regulating the moving, parking and standing of vehicles shall not apply to- vehicles being used b the "- g y police department... or any authorized fire department or the California Department of Transportation while the operator of any such vehicle isengaged in the necessary performance of public emergency duties. CHAPTER 12.08 DEFINITIONS 12.08.010. Definitions generally. Whenever in this Title the words or phrases hereinafter in this chapter defined are used, they shall have the meanings respectively ascribed to them in this chapter unless the context indicates to the �.— contrary. wo 04 12.08.020. Words defined in Vehicle Co rds or phrasesusedin this Title are not defi apter, but are'defined:in the Vehicle Code of finitions are incorporated herein and shall be such words and phrases as used in.`this Title rth in full. f "Y ned in this this state, such deemed to, apply as though "set 12.08.030. 'Alley. "Alley" means any highway, as ined in th chapter, unnamed, and having a width of .less tha feet, and,. not provided with a sidewalk or`sidew alk s.';. 12.08.040. Bus loading 'zone. "Bus loading zone" means space adjacent to the curb or ed9e.,of a roadway reserved for exclusive use of -buses during the loading or unloading of TBM/CODE1004 �� LW6Y9,r i. .., 12.08.115. Paseo. "Paseo'_' means an improved walkway:_` over private property over which an easement'for pedestrian traffic has been reserved. �� 1<` 12.08.120..E Passenger 3oading zone. "Passenger loading zone means that space adjacent to a curb reserved for the " . exclusive use of vehicles during loading and unloading of �( Ir passengers, marked and designated �� 1 12.08.130.( Pedestrian. "Pedestrian" means any person afoot. ( A 12.08.140. Person. "Person" means and includes every,^'`., r�r person, firm, corporation or other entity.;., x`f 12.08.143. Police Department. "Police Department"�'; _ means the authorized agency charged by the City with law enforce- ment responsibility, whether that agency is the City Police 1W,;(;' Department or the County Sheriff Department. 12.08.145.`Private Street. "Private Street" mea ns a street over which private Persons have an easement to'travel,-and does not _include driveways, paths, or other ways which no one has mac- -^ a right to travel except by license. „an � az 12.08.150. 'Roadway. "Roadway" means that portion of a highway between the regularly established curb lines or, when no curbs exist, that portion improved, designated, and ordinarily used for vehicular travel and parking. 12.08.160. Roller Skates. "Roller Skates" means any footwear or device which may be attached to feet or footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving. 12.08.170. `Section. "Section" means a section of the ordinance codi in this Title unless some other ordinance or statute is, specifically mentioned. _.' 12.08.180. Sidewalk. "Sidewalk" means that improved portion of a highway between the curb lines or traversable roadway and the adjacentproperty lines. �p 12.08.185. 'Skateboard. "Skateboard" means any board or any other object or device which has wheels attached to it by any means whatsoever and which is propelled by pushing, pulling, or, gravitational forces, and to which there is not affixed any device or mechanism for steering. -3- TBM/CODE1004 12.08.200. Vehicle. "Vehicle" means every device or animal by whi�`ch any person or property is or may be transported or drawn upon a street or highway, excepting device s moved by humanower or used exclusively upon rails. P Y P ; zr µ r; : CHAPTER 12.12, ENFORCEMENT r \ 12.12.010. Violation -- Penalty. "�°; A. Unless otherwise provided, any person violating or` ,� ,,;failing to comply_ with any of the provisions of this_Title, shall .' be deemed guilty of an infraction, which shall be punishable upon a first conviction by a fine not exceeding $50.00, and for a second conviction within a period of one year by ,a fine not `• _ exceeding $100.00, and for third or any subsequent conviction within a period of a year by a fine not exceeding $250.00.° " B. Notwithstanding the provisions of subsection A, any pedestrian violating or failing to comply with any of the rovisions of this Title, be P guilty of an infraction., punishable by a fine not exceeding $50.00. CHAPTER 12.20 TRAFFIC SIGNS AND SIGNALS 12.20.010. 'Official signs designated -- Determination authority. A. The Council shall determine and designate the character of all official warning, regulatory and direction signs ' other than those signs for which specifications are established-, by the Vehicle Code. B. The Council hereby determines that insofar as they are applicable to cityhighways, all warning, regulatory and direction signs appearing on the Uniform Sign Chart as approved by the California Sign Committee are official signs.' 12.20.020. Location of signals. The Council shall determine the character of all official traffic control signals. 12.20.030.' Character of signals. The Council shall designate at which intersections and other locations traffic shall be controlled by official traffic -control signals. 12.20.040. Placement, maintenncaoperation. The Director shall place, maintain and operaatee ond r cause to be placed, -4- TBM/CODE1004 maintained and operated,_all official traffic -control signals authorized by the Council. ; 'determine 12.20.050. Houra of operation..„The Director shall the hoursand days during which any traffic -control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this Title, or established by order of the Council. ,. 12.20.060. Obedience to traffic signals. Every ' operator and every pedestrian shall comply with and obey any indication, as set forth in the California Vehicle Code, presented by any traffic signal upon any highway placed under the authority of the Council. 12.20.070. 'Obedience to traffic signs. Every operator and every pedestrian shall comply with and obey every instruction ”. `appearing on any traffic sign or other marking, which sign or ' marking has been erected or placed by authority of the Council or Director. 12.20.090. Warning and di - recti g oral signs. The Director may place and maintain all official warning and directional signs !-* necessary to properly warn and guide traffic.- 12.20.100. Regulatory signs. The.Director shall place all regulatory signs and other markings required or authorized either by this Title or by finding of the Council. , 12.20.110. "Distinctive roadway markings. Whenever the State Department of Transportation determines and designates a distinctive roadway marking which shall indicate no driving over,f the Director is authorized to designate by such markings 'those streets or parts of streets where the volume of 'traffic, or the vertical or other curvature oftheroadway,'renders it hazardous to drive on the left side of such markings, or signs and markings. Such markings, or signs and markings,shall have the. same effect as similar markings and signs placed by the Department of Transportation pursuant to provisions of the State Vehicle Code. 12.20.120. Lane guide lines and other pavement markings. ,The Director may place appropriate traffic guide lines dividing highways into the number of traffic lanes that is proper and necessary and to place such other pavement markings as are -necessary to direct vehicular movements in accordance with requirements of this Title and the California Vehicle Code.. 12.20.130. Parking space markings. The Director may install and maintain parking space markings to indicate parking -5- TBM/CODE1004 space adjacent to curb where authorized parking is permitted. When such parking space markings.are placed in the highway, subject to other- and more restrictive limitations, no 'vehicle shall be stopped or left standin other than `within a single pp _ _g space,..unless the size or shape of such vehicle makes compliance. impossible.y�, - 12.20.160. Temporary removal of signs during"4 construction, repair or emergency. Whenever because of the•'. construction, alteration, repair or improvement of anyhighway, �. or temporary detour, or because of other. emergency situation, a traffic complication will be created by compliance with provisions of this Title and that the Director so finds,.`the ;. Director may either.remove or cover up any sign or other traffic marking which requires such compliance. While such sign or other „. marking is removed or covered up, the effect of such, provision of ' this -Title is suspended. At the end of such emergency, unless .: otherwise determined by the Council, the Director may replace or uncover such sign or marking. tir 12.20.170.Weight limit signs -- Emergency procedures. If a weight limit st suspended pursuant to this - Title and a different weight limit is necessary, the Director ' !� erect and maintain during the emergency appropriate signs. "At the end of the emergency, the Director may remove such temporary signs and uncover and restore the original signs unless the Council otherwise determines. 12.20.180. Removal of signs and other facilities -- Director's authority. The Director may remove traffic signals and necessary appurtenances and other traffic devices, such as _ flashers, when such 'removal becomes necessary because of new construction, intersection reconstruction, modernization of traffic signal system, or because of driveway construction or . relocation. When such construction, intersection reconstruction, ; modernization of traffic signal system or relocation has been completed, the Director need not replace such traffic flashers or other appurtenances which have been rendered unnecessary by the new construction, intersection reconstruction, modernization of ' traffic signal system, or because of driveway construction or relocation. 12.20.220. Interference with signs deemed � misdemeanor. Every person who, without permission of the bireTr to do so, removes, defaces, damages or causes the removal, defacement or damage of any sign erected pursuant to r- this Title is guilty of a misdemeanor. -6- TBM/CODE1004 _ -.:; .... _CHAPTER 12.28 -. TRAFFIC ON PRIVATE STREETS 12.28.010. ' Reckless driving deemed misdemeanor. Any Person who drives an y vehicle on an y private street in willful or wanton disregard for the safety of persons or property, is guilty of a misdemeanor. 12.28.020. `Basic speed limit. A person shall not drive a vehicle upon any private street at a speed.greater,than 55 miles per hour,nor at a.speed greater than is reasonable or - prudent, having due regard for the traffic on and the surface and width of such private street, and in no event at a speed which endangers the safety of persons or property. 12.28.030. Reduced speed required in designated areas. A. The speed of any vehicle upon a private street not . in excess of the limits specified in this section shall be deemed lawful unless clearly proved to be in violation of the basic speed declared in Section 12.28.020. �- B. The speed of any vehicle upon a private street in excess of the limits specified in this section shall be deemed unlawful unless not greater than 55 miles per,.hour.and the defendant establishes by competent evidence that any said speed in excess of said limits did not constitute a violation of the basic rule declared in Section 12.28.020 at the time, place and under the -conditions so existing. _ C. - 15 miles per hour: 1. When traversing a grade crossing of a railway,' if during the last 100 feet of the approach to such crossing the., driver does not have a clear and unobstructed view of such i.;' crossing and of any traffic on such railway for a distance of 400 feet in both directions along such railway; 2. When traversing any intersection of the private street with one or more highways or other private streets, or both, if during the last 100 feet of his approach to such intersection the driver does not have a clear and unobstructed view of such intersection and of any traffic upon all the highways and private streets entering such intersection for a distance of 100 feet along all such highways and private streets except at a traffic -controlled intersection; -7- TBM/CODE1004 3. This paragraph shall not be deemed to attempt' to modify, in anyway, the provisions of Section 21804 of the State Vehicle Code. D. 25 miles .per hour: _,- r .; - 1. When passing a school building or the grounds` P thereof contiguous to the private street while children are going to or leaving such school during opening or closing hours or during the noon recess period.'- This limit also applies when passing any school grounds which are not separated from the private street by a fence, °gate or other physical barrier while such grounds are in use by children; . 2. In any business or residential district as defined in -: the State Vehicle Code. CHAPTER 12.32 -SPEED LIMITS 12.32.010. Higher speeds authorized when. Whenever"the Council finds on the basis of an engineering and traffic survey , that a speed of 30, 35, 40, 45, 50, or 55 miles per hour facil- itates the orderly movement of vehicular traffic and would be safe upon any highway otherwise subject to a --prima facie limit of 25 miles per hour under the State Vehicle Code, the Director shall post appropriate signs upon such highways specifying such ✓ speed limits. 12.32.020. Lower speeds authorized when. Whenever the Council finds and determines upon the basis of an engineering and traffic survey that the speed limit of 55 miles per hour is more than is reasonable or safe upon any portion of the highway where such speed limit of:55 miles per hour .is applicable under the State Vehicle Code, and further determines that a speed of 50, -' 45, 40, 35,30 or 25.per hour is more appropriate to facilitate the orderly movement of traffic and`is reasonable and safe, the Director shall post appropriate signs upon such highways specifying such speed limits of 50, 45, 40, 35, 30, or 25 miles per hour as the case maybe. 12.32.030. School area restrictions. Whenever the Council finds upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) subdivision (b) of Section 22352 of the State''`' Vehicle Code is more than is reasonable or safe, and declares a .., prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit, as provided in Section -8- TBM/CODE1004 22358.4 of the State Vehicle Code, the Director shall erect and maintain appropriate signs specifying the speed limit so determined. 12.32.040. Bridge or elevated structure restrictions. Whenever the Council finds on the basis of an engineering and traffic survey the maximum speed, not less than five miles per. ss hour, which can be maintained; with safety on any bridge or elevated structure, and a public hearing is held as provided in' Section 22404 of the State Vehicle Code, the 'Director shall erect and maintain suitable signs specifying the maximum speed so determined. 12.32.050. Narrow street restrictions. Whenever the Council finds on the basis of an engineering and traffic survey that the prima facie -speed limit of 25 miles per hour in a business or residence district or in a public park on any street _ having a roadway not exceeding 25 feet in width, other than a state highway, is more than is reasonable or 'safe, and declares a prima facie speed limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe, as provided in Section 22358.3 of the State Vehicle Code, the Director shall-' erect and maintain appropriate signs specifying the prima facie speed limit so determined. 12.32.060.Steep grade speed restrictions. Whenever the Council finds upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour is more than is reasonable and safe on any portion of a street having a grade in excess of 10 percent, and declares a maximum limit of 20 or 15 miles per hour, whichever is found most appropriate and is reasonable and safe, as provided in Section 22413 of the State Vehicle Code, the Director shall erect and maintain appropriate signs specifying the maximum speed so determined. 12.32.070. _Snow condition speed restrictions. Whenever the Council finds that by reason of snow or ice conditions a r` speed in excess of 25 miles per hour is more than is reasonable and safe upon any portion of a highway, the Director shall post appropriate signs on such portion of the highway indicating a speed of 25 miles per hour as provided in Section 22363 of the State Vehicle Code. Such signs may be placed and removed as snow or ice conditions vary. When such signs are in place, the prima facie speed limit on the portion of the highway so posted shall be 25 miles per hour. -9- s i TBM/CODE1004 _CHAPTER 12.36 BOULEVARD STOPS 12.36.030. No stop required.-- Conditions designated. No stop need be made at any intersection where: A. ,An officer is on duty and directs traffic to proceed; r B. .An official traffic control signal is in operation and indicates that traffic may proceed; C. The stop sign has been removed either pursuant to Section 12.20.160, or otherwise. D. The stop sign has been covered as provided in Section 12.20.160; , E. The operator turns right into a highway from a separate right -turn lane which is delineated by markers or channelization,'and no stop sign is in place at the intersection. of such separate right -turn lane and such highway. 12.36.040. Yield right-of-way signs -- Installation required when. The Director shall erect, or -:..cause to be erected, yield right-of-way signs complying with provisions of the Vehicle Code at one or more approaches to an intersection of highways which are not through highways, where the Council has determined that because of lack of visibility, or because of the number of reported accidents or the apparent probability thereof, such signs are considered necessary, and where according to the principles and experience of traffic engineering the installation of stop signs is not justified. ` 12.36.050. Yield right-of-way signs -- Exceptions to driver compliance. Compliance with the yield right-of-way sign shall not be required where: A. An officer is on duty and directs traffic to - proceed without yielding the right-of-way; B. The yield right-of-way sign has been removed either pursuant to Section 12.20.160, or otherwise; C. The yield right-of-way sign has been covered as 'provided in Section 12.20.160. 12.36.060. Emergency conditions -- Stop si n instal- lation authority. Where any emergency. conditions described in -10- TBM/CODE1004 Section 12.36.010 exist, theDirectormay erect or cause to be erected boulevard stop signs complying with the Vehicle Code, as provided in Section 12.36.010,_4nd maintain such signs while such conditions continue. - CHAPTER 12.40 TURNING MOVEMENTS 4 12.40.010. Turning markers or signs -- Placement conditions. :. A. Whenever the Director finds and determinesthat in 3." order to facilitate the movement of traffic at any intersection that vehicles should take a different course than that specified in Section 22100 of the State Vehicle Code, or that right or - left-hand turns should be made from more than one lane, or that vehicles in certain lanes should be required to turn left or right, the Director shall place at such an intersection signs or " markers so indicating, pursuant to Section 22101 of the State " Vehicle Code. B. In those intersections where the Director has �^^ placed signs or markers requiring right or left-hand turns, no driver shall drive a vehicle other than as directed and required or permitted by such markers, or signs. 12.40.020. Turn restrictions -- Near channelization devices. At locations where channelization devices have been placed and the Director finds that it is necessary to prohibit left turns or right turns for the purpose of diminishing traffic _ complications, the Director shall place appropriate signs "prohibiting such left or right turns. 12.40.030. Turn restrictions -- Other intersections. At all other locations at which the Council has determined and found.that the elimination of left turns or right turns is necessary to reduce traffic congestion, the Director shall place appropriate signs prohibiting such left or right turns. 12.40.040. Turn against stop signal -- Restrictions. - When appropriate signs have beem erected pursuant to Section 21453 of the Vehicle Code, the driver of a vehicle which is stopped in obedience to a red "STOP" signal, 'shall 'not make a right turn against such red "STOP" signal at any approach to any; intersection which the Council has determined that such turns at such location would interfere with the safe and orderly movement ..-. of traffic -11- TBM/CODE1004 12.40.050. .Turning around prohibited when. If the Council finds that the volume of traffic, the width of the highway, and other traffic conditions at any intersection are such that the making of a U turn at such intersection would create traffic complications,'the -Director 'shall erect and maintain in a conspicuous place or places at such intersection an adequate sign or signs stating that such -U-turns are prohibited.` CHAPTER 12.48 WEIGHT LIMITS 12.48.050. 'Violation and penalty. A. It is unlawful, when authorized signs are in place, to drive, operate or cause or permit to be driven or operated on: any highway or bridge subject to the restrictions set forth in this chapter, any vehicle in violation of the restriction(s) stated on such signs. B. A violation of any of the restrictions set forth in this chapter is a misdemeanor and not an infraction except in cases of weight violations where the amount of excess weight is �— Tess than 4,501 pounds, in which case the violation is an infraction. 12.48.060. Vehicles exceeding 14,000 pounds -- Operation on certain highways rohibited -- Alternate routes. It is unlawful to drive, operate or cause or permit to be driven or operated any commercial vehicle exceeding a gross weight of 14,000 pounds on any of the following highways: A. Placerita Canyon Road. On Placerita Canyon Road from 12th Street to 1,6-00 feet west of Sierra Highway. =These vehicles may use San Fernando Road as an alternate route. B. Soledad Canyon Road. On Soledad Canyon Road between Sierra Highway and Shadow Pines Boulevard. These vehicles may use the Antelope Valley Freeway, Via Princessa and Sierra Highway as an alternate route. C. Wiley Canyon Road. On Wiley Canyon Road between Orchard Villaae Road and Calarove Boulevard. -These vehicles m use Orchard Village Road, L�'� Avenue and Interstate 5 as an alternate route. D. Sand Canyon Road. On Sand Canyon Road between the .— Antelope Uullev Freeway and Placerita Canyon Road. These vehicles may use the Antelooe Valley Freeway and Placerita Canyon Road g an alternate route. -12- TBM/CODE1004 12.48.070. Authority to establish other hi hwav wei ht limitations. The Council may by ordinance designate highways in addition to those specifically enumerated in .this Chapter upon which the operation of certain vehicles is-prohibited pursuant to this Chapter, in which case the Council shall establish an alternative route and the prohibition shall be effective upon appropriate posting. x CHAPTER 12.52. CROSSWALKS AND BICYCLE LANES 12.52.020. Crosswalks -- At intersections. The Director may mark a portion of a roadway at intersections or in conjunction with channelizing islands, adjacent to intersections, if he finds that such markings will improve traffic conditions. .' 12.52.030.Pedestrians and bicyclists -- Roadway crossing restrictions. The Director shall place signs where the Council has determined that conditions of vehicular and pedestrian or bicycle traffic are such that traffic complications would exist if pedestrians or bicyclists were permitted to cross, the roadway at these locations. Pedestrians and bicyclists shall r-- not cross at a location so indicated. 12.52.040. Bicycle lanes -- Placement -- Use by motor ` vehicles prohibited. A. If the Director finds that the width of a highway, and the amount of traffic thereon, is such that a separate lane " could be provided to accommodate bicycle traffic, the Director may place appropriate markings and may erect and maintain appropriate signs, indicating the bicycle lane. B. A person shall not operate a motor vehicle in the bicycle lane except to cross at a permanent or temporary driveway, or for the purpose of parking a vehicle where parking is permitted or where the vehicle is disabled. 12.52.050.Bicycle lanes -- Pedestrian use restrictions. Where signs or markings do not prohibit pedestrians upon a bicycle lane, no pedestrian shall walk upon a bicycle lane, except to cross, otherwise than close to the edge of the bicycle lane farthest from vehicular traffic. 12.52.060. Bicycle lanes -- Placement of si ns prohibiting pedestrians. Where sidewalk or other suitable area ,�. is available for pedestrian use, the Director may place and maintain appropriate signs or pavement.-Markings prohibiting pedestrians from walking upon bicycle lanes except to cross. A -13- TBM/CODE1004 pedestrian shall not walk„_upon. a -_bicycle lane,, except to cross, where such lane has been posted with appropriate signs or markings. '`. 47 . CHAPTER 12.54 SKATEBOARDS AND ROLLER-SKATES A:+” 12.54.010. Skateboards -- Prohibited on greater than " three -percent grade.' No person shall ride on or propel any skateboard, as defined in..Section 12,.08.185, on any city road, street, highway, lane or alley which has a grade in excess of three percent, nor shall"any person ride on or propel any skateboard on any city road, street, highway, lane or alley in excess of 10 miles per hour. 12.54.020. Roller skates -- Prohibited on 'greater than three -percent grade. No:person shall, while wearing roller- s or other similar wheeled devices attached to his or her feet, travel on any city road, street, highway, lane or alley, which has a grade in excess of three percent, nor shall any person, while wearing roller skates or other similar wheeled - -devices attached to his or her feet, travel on any city road, r street, highway, lane or alley in excess of 10 miles per hour. 12x5$-638.- Skateboards and rellerakates prohibited in business distriets- It shell be unlawful for any person to operate; ride; or propel any skateboard; rellerskates or similar type device on the sidewalk or ether walkway in any bossiness district.- Per purposes of this Section 7 '+bossiness distrietu shell be defined as designated in Section a'35 of the State Vehicle Eede- CHAPTER 12.56 RAILROAD CROSSINGS ' 12.56.010. 'Blocking streets -- Restrictions -- c Violations. A person shall not operate or permit the operation of any train; or train of railroad cars in such a manner as to block the movement of traffic upon any public street, highway or street crossing for a period of time longer than 10 minutes. A violation of this provision shall constitute a misdemeanor. 12.56.020. Exceptions to chapter applicability. This chapter does not apply: r— A. To any train or train of railroad cars in continuous motion in one direction; -14- TBM/CODE1004 B. Where the blocking of the crossing or public street or highway is caused by an -unforeseen -accident or mechanical failure in connection with such train or train of railroad cars. CHAPTER 12.62 INTOXICATION CONTROL ROADBLOCKS 12.62.010. Intoxication control roadblocks (ICR). An - intoxication control roadblock (hereinafter "ICR") is a roadblock established by the Police Department with the primary goal of detecting and prosecuting drivers intoxicated by alcohol, controlled substances, or committing similar offenses. ICR's shall be considered in accordance with the provisions established by this chapter. ,The provisions of this chapter are not required .to be applied to roadblocks which do not have as their primary goal detecting and prosecuting the drivers intoxicated by alcohol, controlled substances, or committing similar offenses. r 12.62.020. ICR -- Written procedures. An ICR shall be implemented pursuant to written procedures promulgated by the Police Department, in conformity with and not more intrusive than the standards and guidelines set forth in this chapter. -Nothing �-. in this chapter shall be construed as preventing the Police Department from establishing additional standards and guidelines, especially those that may be required by decisions of the courts or state statutes. 12.62.030.` Location of ICR. The location where an ICR is to be placed shall be determined in advance by an officer of at least the rank of lieutenant.- In determining the location of an ICR, consideration should be given to areas where disproportionately high levels of drunk -driving -related accidents have occurred or are anticipated. 12.62.040. ICR -- Prearranged plan -- Requirements. An ICR shall be established pursuant to a prearranged plan esta- blished by supervisory personnel consistent with the following: A. Selection of Vehicles to be Stopped. The selection procedure for stopping vehicles shall not be arbitrary. It is permissible to stop every vehicle at an ICR, or every vehicle proceeding in a particular direction,,or that vehicles be stopped in a numerical sequence such as every fifth vehicle or every tenth vehicle. The prearranged plan may authorize the waiver of certain classes of vehicles around the ICR roadblock which are determined to be exempt from roadblock stops. B. Nondeceptive Manner. An ICR shall be conducted in a nondeceptive manner. All officers involved in an ICR shall be -15- TBM/CODE1004 in uniform and shall carry proper identification. Vehicles, if any, used as part ibf an ICR shall be in uniform and shall carry proper identification. "Vehicles, if any, used as part of an ICR shall be marked radio cars. An ICR shall be marked by signs, flares, traffic cones or other alternative methods. C. Motorist Safety. An ICR shall ;be conducted in a manner which is consistent with motorist and pedestrian safety. Provisions should be made, to the extent feasible, for proper illumination and holding areas for vehicles detained. D. Minimization of Motorists Inconvenience. An ICR _ shall be conducted in a manner which seeks to minimize inconven- ience to the motorist. The motorist shall not be delayed' unreasonably, and the prearranged plan should have as a goal that the time spent waiting in line as well as inspection by roadblock personnel should be less than five minutes except for vehicles as _- to which there is a reasonable suspicion that the occupants are in violation of a statute or ordinance. Occupants of a vehicle'_ shall not,.be_asked to step out of the vehicle unless there is a reasonable suspicion to believe the occupants are in violation of a statute or ordinance. ^* CHAPTER 12.64 STOPPING, STANDING AND PARKING PART 1 ' PARKING TIME LIMITS 12.64.020. Commercial loading zones. An operator shall not stop for any purpose other than loading or unloading between the hours of 7:00 a.m. and 6:00 p.m. on any day except Sunday, or at such time as the Council may designate, in any place marked ,by the Director'as provided in this section. Such stop shall not exceed three minutes for a'passenger vehicle and shall not exceed 20 minutes for a commercial vehicle in any loading zone so marked by the Director in accordance with the State Vehicle Code. The Director shall so place signs or curb markings if the Council finds traffic conditions are such to make loading feasible. Unless otherwise specified by the Council, such loading zone ' shall not exceed 30 feet in length. 12.64.030. Post office parkin2 rest cons. The ri operator of a vehicle shallnotpark such vehicle for a longer time than ten minutes between the hours of 7:OO a.m. and 6:00 r.a. p.m. for a distance of 40 feet adjacent to any post office when - there shall be in place appropriate markings or signs so placed by authority of the Director in accordance with this Title. -16- TBM/CODE1004 12.64.040. Depositing mail -- Restrictions. An operator shall not stop or park for any purpose other than a stop not ,to exceed a period of time reasonably necessary for the deposit of, mail in -an adjacent mail box at those locations marked by the Director pursuant to provisions of the State Vehicle Code. 14.64.050.Residential or jgricultural.zones' Commercial vehicle parking restrictions. ;A person hall not park any commercial vehicle of a gross vehicle weight rating of 10,000 pounds or more on any highway or alley between 2:00 a.m, and 6:00 a.m. in any residential zone or agricultural zone, except for: } A. Necessary loading and unloading; B. Vehicles engaged in performing a service activity on the adjacent lot or parcel of _land;; C. Vehicles used in`conjunction.with a lawful commercial use on the adjacent lot or parcel of land; D. Vehicles used during the construction of buildings or structures on the adjacent lot or parcel of land. r^^^" 12.64.055. 'Commercial vehicle parking restrictions between 10:00 p.m. and 6:00 a.m. Whenever the Council finds that the parking of commercial vehicles on certain -..public streets or alleys is creating a public nuisance o_, r is unsafe, the Director - shall erect and maintain adequate signs along such public streets and alleys specifying that a person shall not park any commercial vehicle of a gross vehicle weight rating of 10,000 pounds or more between the hours of 10:00 p.m. and 6:00 a.m. 12.64.100. .Trailers or semitrailers -- Parkin requirements. A. A person shall not park any trailer or semitrailer upon any highway, street, alley, public way or public place unless the trailer or semitrailer is at all times while so parked attached to a vehicle capable of moving the trailer or semi- trailer in a normal manner upon the highway, street, alley, public way or public place. B. This section shall. not apply to trailers or semitrailers in the process of being loaded or unloaded, nor shall it apply to any trailer or semitrailer which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled trailer or ,- semitrailer on that portion of the highway, street, alley, public way or public place ordinarily used for vehicular parking. -17- TBM/CODE1004 12.64.110. Bus loading zones. An operator shall not park or stop any vehicle except a bus n"any place marked by the Director as a bus loading zone as provided in this section. No bus.shall stop_in any such bus loading zone longer than. necessary " to load or_unload passengers,'except`at a terminus. Such bus loading zones shall be indicated by appropriate signs or curb markings, or both. 'The Director shallplace signs or markings or both at such locations_ where traffic conditions are such that -he _ deems it necessary to establish su- ebus loading zone. Unless otherwise specified by the Council, such loading zone shall not exceed 80 feet in length.. 12.64.120. Passenger loading. A. An operator shall not park or stop for any purpose other than a stop of not to exceed three minutes to load or _ unload passengers at any time in any of the following places when there shall be in place appropriate markings or signs so placed by authority of the Director in accordance with this Title: 1. For a distance of 30 feet along any curb at the main entrance to any hotel; e--" 2. At any curb in front of any portion of the main entrance and outside vestibule of any theater during any time such theater is open for public performance; 3. In any passenger loading zone so marked by the Director, B. The Director may place curb paint markings at the places specified by subsections l and 2 of this section and .shall place such: markings at those other locations at which the Council finds that traffic conditions are such as to make passenger loading zones feasible. 12.64.130. Alleys -- Parking limits. An operator shall not park or stop in any alley for any purpose other than the loading or unloading of passengers or materials, or both. Such operator shall not stop for the loading or unloading of_passen- gers for more than three minutes or for the loading or unloading of materials for more than 20 minutes at any time in any alley. 12.64.140. Temporary restrictions authorized when. Whenever the Director finds that traffic congestion or traffic hazard is likely to result from the operation, stopping, standing or parking of vehicles during the holding of public or private r• assemblages, gatherings or functions, or during the construction, alteration, repair, sweeping or improvement of any highway, or for other reason, may place or cause to be placed temporary signs -18- TBM/CODE1004 prohibiting the operation, stopping,, _standing or parking of vehicles during the period such condition exists. 12.64.150. Removal of.vehicle parked in tem orarily restricted area. If an operator parks any vehicle contrary to the provisions of Section 12.64.140 for a period of time " exceeding 24.hours, "the Police. Department shall move such vehicle to the nearest -safe place ,on the -highway _ 12.64.160. Second removal of ille ally arked vehicle. -If the an officer, pursuant totheprovisions of Section 12.64.150, or of this section, moves a vehicle to a place where parking is_prohibi,ted by_Section 12.64.140, if and when the presence of such vehicle at such place also prevents or inter- feres with the construction, alteration or improvement of the 1.2 highway, the officer shall move such vehicle again. 12.64.170. Violation of Part "1 provision -- Additional violations- Fines. A. When a notice of a violation of any provision of this Part l is attached to a vehicle in the city pursuant to Section 41103 of the Vehicle Code and thereafter, the vehicle remains parked in the same place for an additional period of time exceeding the time permitted by this Part 1, such additional parking shall constitute an additional violation., except that regardless of the length of time a vehicle is parked during a particular calendar day, such.parking shall not constitute more than three violations. B. Each additional violation described in subsection A of this section shall be punishable by a fine of ,$2.00. PART 2 RESTRICTIONS AND PROHIBITIONS 12.64.200. Vehicles parked over 72 hours - Removal by Police. A. An officer may remove to a safe place every vehicle which has been parked or left standing upon a highway for 72 or. more consecutive hours. B. As used in this section, the words "safe place" include, but are not confined to, any garage, parking lot or open space owned by, maintained by or under the jurisdiction of.the City, and also every privately owned garage the owner or proprietor of which will accept such vehicle. -19- TBM/CODE1004 12.64.210.' Removal of ignition key when arkin Every operator who parks a motor vehicle upon any highway shall first lock the ignition, remove the key, and take such key, unless a licensed operator remains in such motor vehicle, in which case such. licensed operator before leaving such vehicle shall first x.: lock the ignition, remove the key, and take such key. s 12.64.220.` Parking on stee rades.' Whenever the ar -! Directorhasplaced or caused to be placed appropriate signs, an _. operator shall not park a vehicle_ on any highway unattended when upon any grade exceeding three percent within any business or .. residence district without blocking the wheels of the vehicle by turning them against the curb. 12.64.230. Parking parallel with curb. 'Subject to other and morerestrictivelimitations, a vehicle may be parked _. within 18 inches of the left-hand curb facing in the direction of traffic moving upon any one-way street unless the Director has posted signs in accordance with the provisions of this 'Title. 12.64.240. Angle parking. Whenever the Council finds that the width of a highway and traffic conditions are such that - the parking of vehicles at an angle to the curb instead of ^* parallel to ,the curb will not impede traffic, and that there is need for the additional parking space which parking at an angle will provide, the Director shall indicate at..:what angle traffic conditions make it desirable that vehicles should be parked by placing parallel white lines on the surface of the roadway. On such portions of such highways, whether such lines were painted before or after the effective date of this ordinance, an operator shall not stop, stand.or_park any vehicle except between, at the_ angle indicated by, and parallel to both such adjacent white lines, with the nearest wheel not more than one foot from the curb. 12.64.270. 'Parking on private driveways or other public and private property. A. A person shall not park any vehicle, whether attended or unattended, in any private driveway or upon any public or private property, except a highway, without the express or implied consent of the owner or person in lawful possession of such driveway or property. B. This action does not prohibit any act, either expressly authorized or expressly prohibited by either Section 602 of the Penal Code, or Section 21113 of the State Vehicle r - Code -20- TBM/CODE1004 12.64.280. Dual roadways. 'Where.a highway includes two or more separate roadways and traftkc-is restricted to one direction upon any such roadway, a person shall not park a vehicle upon the left-hand side of any such.roadway, unless the ..,,Council -finds that such standingror.parking will not constitute a traffic hazard or impede the free flow of traffic and the appropriate sign has been posted. 12.64.290. Parking between curb and adjacent property. A person shall not park any motor vehicles between any curb and the_adjacent:property line, except at..those.locations where.the Council finds that such parking will not .constitute a traffic hazard or publicnuisance and the appropriate sign has been posted. 12.64.310. Vehicle transporting hazardous materials - Lawful restrictions. A. For purposes of this section: 1. A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has the r- within his or her unobstructed field of view. 2. A qualified representative_,of a motor carrier is a person who: a. Has been designated by the carrier to attend the vehicle; b. Is aware of the nature of the hazardous material or substance contained in the vehicle he or she attends; C. Has been instructed on the procedures he or she must.follow in emergencies concerning hazardous materials or substances; Z1. Is authorized to move the vehicle and has the means and ability to do so. B. A vehicle transporting a hazardous material or substance as identified in Title 49 of the Code of Federal Regulations must be attended at all times by its driver or a qualified representative of the motor carrier that operates it, and shall not be parked on any highway, highway shoulder, street, •-- alley, public way or public place, or within five feet of the traveled portion thereof, within a residential zone, or within 1,000 feet of any school, or within 300 feet of any bridge or -21- TBM/CODE1004 tunnel, except for brief_periods'.when mechanical or equipment failure or disablement or malfunction of the vehicle, - or the necessities of operation require the vehicle to be parked and makeitimpractical-to-park the vehicle in any -other place. C. "Repair, maintenance, refuse, utility, termite and pesticide vehicles,fuel delivery vehicles, and vehicles delivering life support and health commodities,' while servicing residential areas or schools,are exempt from the provisions of subsection B of this section. 'Additionally, such exempt vehicles need not be attended while the drivers are performing duties that are evident and necessary as the operator of the vehicle or the - provider of the service. D. The rules of this section does not relieve a driver from any obligation imposed by federal, state or local laws relating to, -the transportation of hazardous materials or explosives, motor carrier safety regulations,` or the placement of warning signs or devices when a motor vehicle is stopped on a public street or highway.'' 12.64.320. Blocking driveways on private streets. r- A. A person shall not park any vehicle in front of a driveway on a private street which is open to the public. B. This section does not prohibit any action prohibited by Section 22500 of the State Vehicle Code. 12.64.5-40. 'Parking vehicles for sale or rent. A person shall not park any vehicle or cause any vehicle to be parked on any highway for the purpose of displaying such vehicle or equipment on such vehicle for either sale or rent. 12.64.350. Special areas - Parking prohibition authority. At any place for a -distance not to exceed 100 feet where.the Director finds that parking would unduly hamper the free flow of traffic, or endanger public health or safety, the Director may place appropriate signs or markings prohibiting such parking. 12.64.360. Areas adjacent to schools. Whenever the Director finds that parking adjacent to any school property would unduly hamper the free flow of traffic or otherwise constitute a traffic complication, the Director shall place appropriate signs` or markings prohibiting such parking. -22- TBM/CODE1004 12.64.370. Areas near fire hydrants on private roads. A. An operator shall not park within 15 feet of a fire hydrant on any private road except when such vehicle is -attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of necessity. - -r B. This section does not prohibit any action prohibited by Section 22514 of the State Vehicle Code. 12.64.390. Use of assigned parkin s aces. Whenever any vehicle parking space is assigned _for the exclusive use of the occupant of any building, whether residential, commercial or industrial, which parking space is within such building or elsewhere, and at, ;in or near such parking space there is a legible sign stating either that such space is exclusively -assigned, or that parking is prohibited, or both, a person, other than the person to whom such parking space is assigned, shall not park any vehicle in such parking space except with the permission of the person to whom such parking space is assigned. I2.64.400. Physically handicapped persons - On -street r— vehicle parking. Whenever the Council designates any on -street vehicle parking space for the exclusive use of physically handicapped persons whose vehicles display'either:one of the distinguishing license plates issued to disabled persons pursuant to Section 22511.5 or to disabled veterans as specified in Section 9105 of the California Vehicle Code, an operator of any vehicle not displaying one of the aforesaid distinguishing license plates shall not park such vehicle in such parking space. The Director shall ,place blue paint markings at each such parking space in the manner specifically set forth in the State Vehicle Code, and shall indicate the parking space or spaces by signs or other suitable means. 12.64.410. :Physically handicapped persons = Off-street parking facility s. = Whenever the Council designates stalls or spaces in an off-street parking facility, owned or operated by the City, for the exclusive use of physically handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to Section 22511.5 or to disabled veterans as specified in Section 9105 of the State Vehicle Code, an operator of any vehicle not displaying one of the distinguishing license plates shall not park such vehicle in such parking space. The designation shall be made by posting immediately adjacent to, and visible from, each stall or space, a .... sign consisting of a profile view of a wheelchair with occupant in white on a blue background. -23- TBM/CODE1004 r+ 12.64.420. Taxicab stands -.Location authorized when. Whenever theCity in granting a taxicab operator's license pursuant to this -Code specifies any taxicab stand or stands, such location or locationsshall be -official taxicab stands. 12.64.430. :Taxicab stands - Marking. The Director U shalldesignate any taxicab stands by the use of white paint on the curb, and shall cause such stands to be marked or signposted with appropriate_markings'or,signposts.'... 12.64.440. Taxicab stands - Use restrictions. The operator of any.vehicle, including the operator of a taxicab, except the operator of.a taxicab to which a taxicab stand has been assigned, shall not 'park 'such vehicle is any taxicab stand. PART 3 . TOW AWAY ZONES -'12.64.510. Council findings. If the Council finds that the volume of traffic or other conditions at any location are such that the enforcement of the provisions of this chapter prohibiting_ or restricting parking by the imposition of criminal penalties is not sufficient to prevent the illegal parking of vehicles, it may. directtheDirector to post at such locations signs reading "Tow Away Zone," or otherwise.in.forming the public that illegally parked vehicles will be removed. 12.64.520. 'Removal by Police. The Police Department shall.remove from the highway to a garage, or other place of safety, any vehicle which has been parked at a location at which there is.a sign erected pursuant to Section 12.64.510 if such vehicle is parked in violation of any provision of this chapter.' 12.64.530. Notice to owner of removed vehicle. Whenever the Police Department removes .a vehicle from a highway as authorized by this Part 31 and it knows or is able to ascertain from the registration records in the vehicle or from the registration records of the California Department of Motor Vehicles the name andaddressof the owner, the Police Department immediately shall notify in writing such owner of the fact of such removal, the grounds for removal, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, the Police Department shall deliver a copy of such notice to the proprietor of the garage. 12.64.540. Notice to Department of Motor Vehicles �- required when. Whenever.the Police Department removing a vehicle from a highway under this Part 3 does not know and is not able to ascertain the name of the owner of such vehicle, and in the event - -24- TBM/CODE1004 the vehicle is not returned tor the owner within a period of 120 -- - hours, the Police Department'mmediately shall send a written report of.such removal by mail to the.State Department.of Motor Vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. The 'Police Department shall make such report on a form furnished by the Department of"Motor Vehicles. The report shall' include a complete_description`of the vehicle, the date, time and place from which removed, the grounds for such removal, and the , name of the garage or place where the vehicle is stored. CHAPTER 12.68 TRESPASS BY MOTOR VEHICLES 12.68.020. Private property - Operating vehicle without permission prohibited. A person shall not operate any type of _ motor vehicle upon the private property of another except a c' highway or private street, without first obtaining the written permission of the person in lawful possession of the property or, if the property is unoccupied, of the owner. 12.68.030. 'Public property - Operating vehicle without .- permission h b teda..A person shall not operate any type of motor_vehicle_upon any public property except a highway or -private street, without first obtaining the,wr.itten..permission of the public entity which is in possession of such property or, if the property is unoccupied, of the public entity which owns such ' property. 12.68.040. Possession of written -ermission required by vehicle operator. :Every person who operates any type of motor vehicle upon the private property of another or upon any public property except a highway or private street, at all times while so operating shall maintain in his possession the written permission required by this chapter, except that if the same document grants such.permission to two or more persons, a person named in such document need not have such document in his possession while another person named in the same document, riding in the same group, and not more than 300 feet from such person, has such document in his possession. 12.68.050. Exceptions- Emergency, commercial and other vehicles. This chapter does not prohibit the use of such property by: A. Emergency vehicles; B. Vehicles of commerce in the course of the conduct of normal business; -25- TBM/CODE1004 C. :_Vehicles being operated on property devoted to commercialor.industrial"purposess'where such operation is in " conjunction with commercial.or industrial -use and where such operation is expressly or impliedly: givenbythe person in possession of the property; D. Vehicles operating on property actually used for residential purposes and where such vehicles are there at the , express or implied invitation of the owner or occupant; E. Vehicles being operated on public or private parking lots where permission to so operate is expressly or impliedly gives by the person in possession of the lot; F. Vehicles being operated on private or public lands where permission to operate motor vehicles has been expressly or impliedly given by posting such lands as open for recreational off-highway use. 12.68.060. No conflict with state law. This chapter does not prohibit any act, either expressly authorized or expressly prohibited by either Section 602 of the Penal Code, or Section 21113 of the Vehicle Code of the State of California, or by any other state law. CHAPTER 12.72 REPOSSESSION OF MOTOR VEHICLES ; 12.72.010. Report to sheriff cTu reired - Contents. Every person who recovers_ possession or takes possession of any motor vehicle under the provisions of any conditional sale of lease contract or chattel mortgage, hereafter termed "repossessed" or "repossessing" or "repossession" shall within 24 hours after repossessing such vehicle, if repossessed within the City, complete and file at the police station which services the area, a form 'furnished by the Police Department setting forth the following information: A. The make, model, year, motor number, serial number, and license number of such vehicle; ` B. The name and address of the registered owner of such vehicle; C. The name and address of the legal owner of such vehicle at the time of repossession; r - D. The name and address of the person or agency repossessing the vehicle; -26- TBM/CODE1004 E. Date, time,.and.exact location of repossession; F. Such other information as the Police Department shall find.to.be necessary. 'for the identification of vehicles reported to the police as having been stolen, or necessary for ` the prevention evention of fraud in the repossession of motor vehicles. , ' CHAPTER 12.76 MISCELLANEOUS REGULATIONS .12.76.010. One-way highways -:Desi nation - Signs reguired. :If the Council finds that the width of a highway, the "amount of traffic, and the availability of other highways is such that traffic on such highway should proceed in one direction only, the Director shall erect and maintain in a conspicuous place on such highway at the intersection of each highway' intersecting such highway adequate signs bearing the words "One Way" and indicating which way. 12.76.020. Closing streets to vehicular traffic. Whenever the Council`finds that any portion of any highway is no longer needed for vehicular traffic, either permanently or at �-- certain times during the day, it shall instruct the Director to place, and the Director shall place, appropriate signs or barricades, or both, specifying that such portion of such highway is closed to vehicular traffic at such hours of the day, or permanently, as the case may be, pursuant to the provisions of paragraph (b) of Section 21101'6f the Vehicle Code. All signs giving notice to such closing shall conform to Section 21103 of the Vehicle Code and also to the specifications applicable to stop signs set forth in the Vehicle Code. 12.76.050.:.School grounds Street closure authorized when. Whenever the Council finds that closing any portion of any street or highway crossing or dividing any school ground or grounds is necessary for the protection of persons attending such school or school grounds, it shall instruct the Director to place, and the Director shall place, appropriate signs or barricades, or both, specifying that portion of such street or highway closed to vehicular traffic during such hours and days as the council may specify, -pursuant to provisions of Section 21102 of the Vehicle Code. 12.76.060. _ Operating vehicles on closed streets prohibited. A person shall not operate any vehicle on any portion of the highway closed to vehicular traffic.' 12.76.070. Funeral processions. The operator of any vehicle and the rider of any bicycle shall not drive between the -27- TBM/CODE1004 vehicles comprising a funeral procession where the vehicle immediately in front of which such operator or rider passes in driving through such procession is conspicuously designated as constituting a, part of such procession: 12.76.080.' Driving or riding vehicles on sidewalk. A person shall not operate any bicycle or any vehicle or ride any animal on any sidewalk or parkway or walkway in a business district, as defined in Section 235 of the State Vehicle Code, .r except at apermanent or temporary driveway or at specific ' locations where the Director finds that such locations are suitable and has placed;_ appropriate signs or markings. _ 12.76.085. Vehicles on Paseos. A. No person shall operate any vehicle on any paseo,-as defined in Section 12.08.115 of this Code, except at a -permanent ortemporarydriveway. B. The provisions of this Section 12.76.085 do not prohibit the operators of police, fire and emergency vehicles, -or public utility vehicles which are engaged in necessary inspection, repair, service or construction of utility facilities from operation of vehicles on paseos. - �-^ 12.76.090. Riding on bicycle or motorcycle handlebars. The operator of a bicycle or motorcycle shall not carry any other person upon the handlebars of.such.bicycle or motorcycle. A person shall not ride upon the handlebars of any bicycle or motorcycle-- 12.76.100. 'Clinging to moving vehicles prohibited. A person operating, riding or traveling upon any bcy icle, motor- cycle, toy vehicle, or other moving device.of any nature whatever on any public highway shall not cling to or attach himself to, or his vehicle or device to, any other moving vehicle or streetcar. 12.76.110. Pedestrian tunnels - Closure conditions. Whenever the Council.fi.nds and determines that the use of any pedestrian tunnel is unnecessary or undesireable, and that it is not economically feasible to protect such tunnels other than by temporary closure, the Director shall install gates and post signs prohibiting the entrance by persons into such a tunnel during such times as directed by the Council. 12.76.120. 'Repairing of vehicles on highway. A. -A person shall not repair, or make any repairs, or add or install any part of accessory to or on any vehicle while rY+ the same is upon any public highway or alley.- -28 TBM/CODE1004 B. The provisions of this section do not prohibit the operator of any vehicle which is disabled while upon any public highway or alley, to such extent that it is impossible.to avoid stopping,.'from making or causing to be made emergency repairs necessary to enable the vehicle to be moved from the public highway or alley. 12.76.140. Molesting of traffic counting devices prohibited. Unless authorized by the Director, a person shall not move, molest, tamper with or damage in any way any traffic counting device. 12.76.150. ' Injuring new pavement and painted markings. When a barrier o.r sign is in place warning persons not to. drive over or across any newly made pavement or any pavement under construction or any freshly painted markings upon any highway, a person shall not drive over such pavement or markings.. 12.76.160. Flagperson where traffic -control devices are inoperative. Whenever the Director finds and determines that Official traffic -control devices are disabled or otherwise inoperable, the Director may regulate traffic by any person given temporary appointment for such duty. 12.76.170. Flagperson at construction and maintenance ` areas. Whenever the Director finds that the -regulation of traffic is necessary at the site of road or street construction or maintenance,_ the Director may regulate traffic by any person authorized for such duty. 12.76.180. -Cleaning of sidewalks required. No person shall fail, refuse or neglect to keep the sidewalk adjacent to his or her.house, place of business, or premises in a clean and neat condition, free of offensive matter of any kind or nature. 12.76.190. Litterinq highways or sidewalks prohibited. No person shall throw, place, deposit or dump, or cause to be placed, deposited or dumped upon any highway or sidewalk, any bottle, can, garbage, rubbish or any substance likely to injure or 'damage traffic using the highway or sidewalk. 12.76.200. "Operating noisy motor vehicles off highways - Restrictions. .: A. A person shall not operate any motor vehicle (including any motorcycle, trail bike, dune buggy, motor scooter or jeep) or the motor thereof on any place other than a highway - .-� -so as to disturb the peace or quiet of any neighborhood or person by noise, dust, smoke or fumes caused by such motor vehicle. -29- TBM/CODE1004 B. This section does not"apply to any act prohibited by'Section 372 of the Penal Code, or`prohibited or expressly ` permitted by any state statute. CHAPTER 12.78 CRUISING 12.78.010. Prohibited vehicular cruising - Exceptions.`-, A. No person shall be a driver or passenger of a motor vehicle driven past a traffic -control point in traffic which is congested at or near the traffic -control _point, within four hours after the vehicle operator has been given an adequate written notice that further driving past the traffic -control point within this time frame -,is prohibited. B. This section shall not apply to the drivers," = operators or passengers of the following vehicles: 1. Any authorized emergency vehicle as defined"in Section 165 of the State Vehicle Code; 2. Any publicly owned vehicle of any city, ' county, district, state or federal agency; 3. Any vehicle licensed for public transportation or vehicles which are normally used for business purposes and are engaged in such business use. G. The ranking police officer on duty within the affected area shall have the authority to establish a traffic - control point for the purpose of regulating vehicular cruising. H. No person is in violation of this section unless: 1. That person has been given the written notice on a previous driving trip past the traffic -control point and then again passes the control point within the prohibited time frame; and 2. The beginning and end of the portion of the street subject to vehicular cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this chapter. 12.78.020. Penalty for vehicular cruising. It is a misdemeanor for any person to violate the provisions of this Chapter. -30- TBM/CODE1004 CHAPTER 12.80 'ABANDONED OR INOPERATIVE VEHICLES 12.80.010. Vehicles deemed public nuisance when - Statutory authority. 'In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the council hereby makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is found to create a condition tending to reduce the value of private property, to .;promote blight and deterioration, to invite plundering, to create dire hazards, to constitute an attractive nuisance creating a' hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private or public property not including highways, r-- except as expressly hereinafter permitted in this chapter, is declared. to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. 12.80.020. Definitions. As used in this chapter: A. "Officer" means a sworn public safety officer of the City Police Department, the County Sheriff, the California Highway Patrol, or any duly authorized representative of any such " agency. B. "Owner of land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. C. "Owner of vehicle" means the last registered owner and legal owner of record. D. "Public property" does not include "highway". 12.80.030. Chapter provisions not exclusive. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, �-� statutes and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction. -31- TBM/CODE1004 12.80.040. 'Exceptions to chapter applicability. This chapter shall not ,apply to: A. 'A vehicle, or parts thereon, which is completely enclosed within a building in a lawful manner where it isnot visible from the street or other public or private property; or B. A vehicle, or parts thereof, which is "stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer,'a junk dealer, or when such storage or parking is necessary to the operation of a lawfullyconductedbusiness or commercial enterprise. C. "Nothing in this section shall authorize the maintenance of a public or 'private nuisance as defined under _ provisions of law other than Chapter 10 (commencing with Section' 22650) of Division II of the Vehicle Code and this chapter. 12.80.050. Administration and enforcement - Right of entry. -In the enforcement of this chapter, an officer may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle, rte^- an to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 12.80.060. Abatement and removal authority. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the City, the officer shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. 12.80.070. Notice of intention to abate required when Contents. A. A 10-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by registered or certified mail to the owner of the land and to the owner of the vehicle, unless: 1. The vehicle is in such condition that identification numbers are not available to determine ownership; or 2. The property owner and the owner of the vehicle have signed releases authorizing removal and waiving r- - further interest in the vehicle or part thereof. -32- TSM/CODE1004 B. Such.not.ice shall_ contain a statement of the -hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle.The statement shall include notice to the.property owner that he may appear in person at.a hearing or may submit a sworn written`statement.denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of a PPearing. v 12.80.080." Hearing on removal - Conditions - Not required when. A. Within 10 days from the mailing date of the notice of intention to abate and remove, the owner of the vehicle or the owner of the land receiving such notice may request a public hearing to be held by the City Manager or his designate on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle. If the owner of the land submits a sworn written statement' denying responsibility for the presence of the vehicle on his land without such 10 -day period, said statement shall be construed as a request for a hearing which does not require his presence. B. Notice of the hearing shall be mailed, by registered or certified mail, at least 10 days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. if_such a request for hearing is not received within said 10 days after mailing of the notice of intention to abate and remove, the appropriate public body, agency or officer shall have the authority to remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 12.80.090. 'Hearing on removal - Conduct - City Manager decision. A. At the time set for hearing or at the date to which the hearing may be continued, the City Manager or his designate shall hear the facts and testimony presented at the hearing.- The owner of the land may appearinperson at the hearing, or present a sworn written statement at the time of hearing denying responsibility for the presence of the vehicle on the land, with his reasons for denial. B. At the conclusion of the hearings, or at any time within 30 days thereafter, the City Manager or his designate shall determine, from the facts produced at the hearing, whether ,-. the vehicle or parts thereof should be abated and removed as a public nuisance, and shall make his order accordingly. He may impose such conditions and take such other action as he deems -33- TBM/CODE1004 appropriate under the circumstances and may delay the time for removal of the vehicle or -parts thereof if, in his opinion, the: circumstances justify it. 12.80.100. Notice of removal - Reouired. The City Manager, or his designate, shall notify the owner of the land, the owner of the vehicle and the law enforcement agency by registered or certified mail of the decision and order. 12.80.110.Notice of removalAppeal to Council. Any owner of the property or owner of the vehicle may, within 10 days after mailing of the notice of decision and order, appeal such decision to the Council. The appeal shall be in writing, shall.; state the legal and factual basis upon which the appeal is to be based, and shall be filed with the City, Manager. The City Manager shall forward the appeal, together with a. copy of the decision and order, to the clerk of the City. 12.80.120. Notice of removal'— Council action on appeals. Upon receipt of the appeal and decision and order, the Council may take any one of the following actions: A. Approve the decision and order; B. Refer the matter back to the City Manager with or without instructions; C. ,_ Set the matter for public hearing before itself; such public hearing shall be held de novo as if no hearing previously had been held. 12.80.130. Costs not assessed against owner of land. Costs of administration of this chapter or costs of removal of the vehicle or parts thereof shall not be assessed against the owner of the land_ 12.80.140. .Abatement - Removalto scrapyard or other location - Reconstruction limitations. Five days after adoption of an order declaring the vehicle orparts thereof to be a public nuisance and ordering the abatement and removal thereof, or if a hearing has been requested. 10 days from the date of mailing of notice of the decision and order, or if an appeal to the Council has been made, 10 days after a final decision authorizing and ordering removal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or licensed automobile dismantler's yard, or to any other location as provided in Section 22662 of the Vehicle Code. After a vehicle has been so removed, it shall not thereafter be reconstructed or made operable unless it is a -34- TBM/CODE1004 vehicle-which qualifies-for either horseless carriage license plats or 'historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code.` 12.80.150. Abatement - Notice to Department of Motor Vehicles. 'Within five days after the date of removal of the vehicle or arts thereof, notice shall be p given the law ` enforcement agency-to the Department of Motor Vehicles =identifying the vehicle or parts thereof removed. The notice . shall also include any evidence.of registration_ available, including but not limited to registration certificates, certificates of ownership and 'license plates.. - CHAPTER 12.88 PARADES 12.88.010. Person defined. As used in this chapter, the word "person" means and includes any individual, firm, copartnership, corporation, city, and city and county, municipality, district, or other political subdivision. 12.88.020. Permit - Required. A person shall not �^ conduct, manage or participate in any parade unless he first procures from the Police Department a permit pursuant to this Chapter. 12.88.030.Permit - Provisions applicable to mana ers and participants. A person shall not conduct, manage, or participate in any way in any parade in violation of or in any manner contrary to the provisions of such permit. 12.88.040. Application for permit - Contents. A. Any person desiring to conduct or manage a parade , shall, within 10 days before the date on which it is proposed to conduct such a parade, file with the Police Department a_verified application on a form furnished by the Police Department, setting forth the following information: 1. The name of the person or organization wishing to conduct such parade; 2. If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and _telephone number of the headquarters of the organization, and the authorized and responsible head of such organization; -35- 5. -.-----The date when such parade is to be conducted; z 6. The route to be traveled, the starting point, and the termination point; _ 7. The approximate number of persons who, and animals and 'vehicles which, will constitute such parades; the type of animals, and a description of the vehicles; 8. The hour when such parade will start and terminate; 9. Whether such parade will occupy all or only one-half of the width of the streets proposed to be traversed; 10. A description of assembly and disassembly areas and streets to be used by such parade; 11. The time at which units of the parade will begin to assemble at any such assembly area; " 12. The interval of space to be maintained between units of such parade; and 13. Any other information necessary to enable the Police Department to protect the health, safety or welfare of the applicant and citizens. B. If such parade is desired to be held by and on behalf of or for any organization other than the applicant, the applicant for such permit shall file with the Police Department a communication in writing from such organization, authorizing the applicant to apply for such permit on its behalf. 12.88.050. Permit - Issuance conditions. The Police Department shall issue a permit for a parade if, from a consideration of the application, or such other information as the Police Department may otherwise obtain, or both, the Police / Department finds that: -36- TBM/CODE1004 A. The conduct of such parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; B. The conduct of such parade will not require the diversion of so great a number of officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the rest of the City; C. The concentration of persons, animals and vehicles' at the assembly areas of the parade will not unduly interfere w'th..proper fire and 'police protection of, or ambulance service to, areas contiguous to such assembly areas; D. The conduct of such parade will not interfere with the movement offirefightingequipment en route to a fire E. The conduct of such parade is hot reasonably likely to cause injury to persons or property; F. Such parade will move from its point of origin to its point of termination expeditiously and without stopping en route; G. The conduct of such parade will not obstruct any construction or maintenance work scheduled tn.take place upon public roads. 12.88.060. Alternate dates, times and routes. If the conduct of the parade on the proposed date, time and route is found by the Police Department to conflict with any of the requirements of this chapter, he may suggest an alternate date, time and route. If the applicant desires to accept the proposed' date, time and route, he may, within one day, file a notice of . acceptance with the Police Department, and the Police Department shall proceed to issue the permit. 12.88.070. `Permit - Contents. Such permits shall prescribe the following: A. Starting time; B. Minimum speed; C. Maximum speed; D. Maximum interval of space to be maintained between .-. the units of such parade; TBM/CODE1004 E. What portions of the streets to be traversed may be occupied by such parades; and - F. The maximum length of such parades in miles or ' fractions thereof. -_ " 12.88.080.Permit rejection -=Notice. The Police „ >' Department shall within seven days after _the _filing of such application, act thereon. If the Police Department finds that such permits should not be issued, he shall immediately notify ` the.City of such finding, together with_the.reasons therefor, and shall.maii within three days after the date on.which the application is filed a notice of his action denying the permit, stating in general terms the reason for denial of such permit. 12.88.090. Appeal procedure. A. ''Upon a denial by the Police Department of an application made pursuant to Section 12.88.040, the applicant may appeal from the determination of the sheriff within five days thereafter to the Council by filing a written notice of appeal for hearing by the Council at its next regular meeting. Upon such appeal, the Council may reverse, affirm or modify in any �-� regard the determination of the Police Department. B. In the event an application isnot filed within the required time, the applicant may request a waiver of such requirement by the Council at its next regular meeting, or at a special meeting which may be called prior thereto by the Council to consider such matter, and the Council, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement. 12.88.100. Notification to City Manager and Others. A. Upon receipt of an application to hold a parade, the Police Department shall forward one copy of the application to the City Manager. A' B. Upon approval of a permit, the Police Department shall notify the engineer, fire chief and health officer of the City, as well as all public utilities to be affected by the proposed parade. 12.88.110. Revocation of permit. Any permit for a parade issued pursuant to this chapter may be revoked by the Police Department at any time when by reason of disaster, public calamity, riot or other emergency or because of an unusual change in circumstances, or because the permit was issued through mistake or inadvertence, the sheriff determines that the safety TBM/CODE1004 and convenience of the public or property requires such revocation. --Notice of such 'action revoking a permit shall be delivered immediately after the revocation in writing to the permittee by personalservice or by certified mail. 12.88.130. 'i Violation'- Penalty. Any person violating any provision of this chapter is ,guilty of a misdemeanor..: -:. CHAPTER 12.92 ".:ROADS UNDER CONSTRUCTION 12.92.010. Closing of roads during improvement work authorized when. Whenever any public road or highway or portion "thereof shall be in course of improvement, the Council may, if it deems it necessary to, ,avoid injury to or interference with such work of improvement, order such road or highway, or any portion thereof in length or width, closed to travel during the course of such improvement, and the same shall thereupon remain closed to travel until such improvement is completed or the Council shall order the road or highway reopened. 12.92.020. Signs required when roads closed. Whenever any public road or portion thereof shall be closed to travel under the provisions of Section 12.92.010, it shall be the duty of the contractor, Director or other person in charge of the work of improving said road, to post conspicuoushy at each end of the portion of the highway closed, and at all intersections thereof with other public roads, the appropriate official, signs. 12.92.030. Driving over closed roads rohibited - Exceptions. No person shall operate any vehicle upon any public road or highway, or portion thereof, that is closed to travel under the provisions of Section 12.92.010; provided that nothing in this section shall prohibit the authorized improvement of the ;. road or highway. -39- SECTION 2. That the provisions of Section l of this ordinance specifically supersede the applicability of Title 15, Vehicles and Traffic, of the Los Angeles County Code, previously incorporated by reference. The provisions of Section 1 of this ordinance supersede no other applicable section, chapter or title of the Los Angeles County Code, except for Los Angeles County Code Title 15, Vehicles and Traffic. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause a summary of this ordinance to be published as required by law. PASSED AND APPROVED this 27th day of iN June MAYOR /�� J STATE OF CALIFORNIA ) COUNTY OF.LOS ANGELES ) ss. CITY OF I. Qorga_ (aiao lho City Clerk of the City of -Santa s ; a do hereby certify that the foregoing Ordinance No 89-12 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of June , 1989 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of, the City Council on the 27th day of June , 1989., by the following vote, to wit: AYES: COUNCILMEMBERS: Boyer, Darcy, Koontz, McKeon, Heidt NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: N� tbm:ORD0020