§ 9-1 GENERAL PROVISIONS

§ 9-1.1. Definitions.[1] [Ord. #58-016, Art. I, §§ 1 to 8, 10, 11; 1958 Code § 20.1; New; Ord. #97-08; Ord. #2010-05, § 1; Ord. #2018-06, § 1]

• a. Whenever any words or phrases used in this chapter are not defined herein, but are now defined in the Vehicle Code, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used in this chapter as though set forth in this subsection in full.

• b. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this subsection:

ACTIVE CHARGING — Means that the connector from the charger is inserted into the electric vehicle inlet and electrical energy is being transferred for the purpose of recharging the batteries on board the electric vehicle.

ELECTRIC VEHICLE — Means any motor vehicle registered to operate on California public roadways and operates, either partially or exclusively, on electrical energy. "Electric vehicle" includes but is not limited to: a battery electric vehicle and a plug-in hybrid electric vehicle.

ELECTRIC VEHICLE CHARGING SPACE — Means a parking space in the public right-of-way or on City property designated for public use that is served by battery charging station equipment that has as its primary purpose the transfer of electrical energy to a battery or other energy storage device in an electric vehicle.

HOLIDAYS — Where used in this chapter or on official signs, shall mean the following days:

• New Year's Day (January 1)

• Martin Luther King, Jr. Day (third Monday in January)

• President's Day (third Monday in February)

• Memorial Day (last Monday in May)

• Independence Day (July 4)

• Labor Day (first Monday in September)

• Columbus Day (second Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (fourth Thursday in November)

• Christmas Day (December 25)

If any of the holidays enumerated above shall fall upon a Sunday, then the Monday following shall be considered as the holiday.

LOADING ZONE — Shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

OFFICIAL TIME STANDARD — Whenever certain hours are named in this chapter, they shall mean Standard Time or Daylight Saving Time, as may be in current use in the City.

OVERSIZED VEHICLES — Shall mean any vehicle or combination of vehicle and trailer or dolly the dimension of which exceed twenty-two (22') feet in length, or ninety (90") inches in width, or ninety-six (96") inches in height or has a gross vehicle weight of eight thousand (8,000) pounds or greater.

PARK — Shall mean to stand or leave standing any vehicle, whether occupied or not, otherwise than

1. Editor's Note: For State law definitions contained in Vehicle Code, see Veh. C.A. §§ 100 to 676.

temporarily for the purpose of, and while actually engaged in loading or unloading of passengers or materials.

PARKWAY — Shall mean that portion of a street other than a roadway or a sidewalk.

PASSENGER LOADING ZONE — Shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

PEDESTRIAN — Shall mean any person afoot.

POLICE OFFICER — Shall mean every Officer of the Police Department of this City, or any Officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.

RECREATIONAL VEHICLE — Shall mean both of the following:

• a. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed primarily for human habitation for recreational, emergency, or other occupancy that meets all of the following criteria:

  • It is built on a single chassis.
  2. It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

• b. A park trailer, as defined in Section 18009.3 of the Health and Safety Code. (Amended Sec. 2, Ch. 566, Stats. 2000. Effective January 1, 2001.)

STOP — When required, shall mean complete cessation of movement.

STOP OR STAND — When prohibited shall mean any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the direction of a Police Officer or official traffic-control device.

§ 9-1.3. Decrease of Speed Limits on Solano and Washington Avenues. [Ord. #59-025, § 3; Ord. #60-07, § 1; 1958 Code § 20.2-1; Ord. #88-004, § 1; amended 10-3-2022 by Ord. No. 2022-06]

• a. That the maximum speed limit on Solano Avenue between Fillmore Street and Cerrito Street shall be fifteen (15) miles per hour, and the maximum speed limit on Washington Avenue from a point two hundred seventy (270') feet easterly of Pierce Street, being opposite the westerly property line of 818 Washington Avenue, to one hundred thirty-five (135') feet westerly of Polk Street, being opposite the westerly property line of 851 Washington Avenue, is hereby fixed at fifteen (15) miles per hour.

• b. That the maximum speed limit on Solano Avenue between Madison Street and Tulare Avenue shall be twenty (20) miles per hour.

§ 9-1.4. Speed Limits on Frontage Roads. [Ord. #62-06, § 2; 1958 Code § 20.2-8; Ord. #86-06, § 1; Ord. #08-012; Ord. #2014-09]

• a. Pierce Street. The prima facie speed limit on Pierce Street from a point nine hundred (900') feet northerly of the northerly right-of-way of Washington Avenue to the Contra Costa County line, is hereby fixed at twenty-five (25) miles per hour.

• b. Cleveland Avenue. The prima facie speed limit on Cleveland Avenue from the Contra Costa County line southerly to a point of the northerly line of Washington Avenue, is hereby fixed at thirty (30) miles per hour.

• c. Eastshore Frontage Road (aka East Shore Highway). The prima facie speed limit on the Eastshore Frontage Road from the Berkeley City limits to the end of the Eastshore Frontage Road, is hereby fixed at twenty-five (25) miles per hour.

It shall be unlawful for any person to operate, park, or otherwise store a motorcycle, motor vehicle or a motor-driven vehicle on unimproved private property within the City without first having obtained the prior written permission of the owner thereof.

• a. Buchanan Street. The prima facie speed limit on Buchanan Street from the easterly curb line of Madison Street to the westerly curb line of Fillmore Street, is hereby fixed at twenty-five (25) miles per hour between sunrise and 10:00 p.m.