Chapter 14 — MOTOR VEHICLES AND TRAFFIC

(a)

All of the provisions of the Uniform Traffic Ordinance, 1964 edition, adopted by the League of California Cities except article XIII, section 13.2, are hereby adopted and made a part of this chapter.

(b)

Three copies of the Uniform Traffic Ordinance are on file for use and examination by the public in the office of the city clerk.

(Ord. No. 285, § 1; Ord. No. 352, §§ 1, 2; Ord. No. 354.)

All parking of motor vehicles in the city shall be by parallel parking only, except for the south side of East 10th Street between Main Street and Court Street and the south side of East Water Street between Main Street and East Street, where diagonal parking shall be permitted.

(Ord. No. 297, § 2; Ord. No. 354; Ord. No. 434, § 1; Ord. No. 458, § 1.)

Sec. 14-3. - Repealed by Ordinance No. 444. Sec. 14-4. - Two-hour parking on certain streets.

The city does hereby impose a two-hour parking limit as follows: When authorized signs or curb markings are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 A.M. and 6:00 P.M. of any day, except Sundays and holidays, for a period of time longer than two hours on the following streets:

(a)

One block west on Carlos between Howard and Main; not including Howard Street.

(b)

East block of Modoc between Main and Court; not including Court; West block of Modoc between Main and Howard; not including Howard.

(c)

East block of North between Main and Court; not including Court; West block of North between Main and Howard; not including Howard.

(d)

East block of 1st between Main and Court; not including Court; West block of 1st between Main and Howard; not including Howard.

(e)

East block of 2nd between Main and Court; not including Court; West block of 2nd between Main and Howard; not including Howard.

(f)

Main Street from the north fork of Pit River on the south to Fifth Street on the north.

(Ord. No. 352, § 3; Ord. No. 354.)

(a)

Whenever any resolution of this city designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of five tons, the city traffic engineer is hereby authorized to designate such street or streets by appropriate signs as "truck routes" for the movement of vehicles exceeding a maximum gross weight limit of five tons.

(b)

When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of five tons shall drive on such route or routes and none other, except that trucks with a maximum gross weight of five tons coming from a "truck route" having ingress and egress by direct route to and from restricted streets, when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.

(c)

It shall be unlawful for any vehicle to be parked or driven in a manner which will be detrimental or damaging to the street or edge of street or curb area, or sidewalk area on any street.

(d)

Except with respect to subsection (c), this section shall not apply to empty trucks and trailers.

(Ord. No. 354; Ord. No. 407, § 1.)

It shall be unlawful for any "motor vehicle," "trailer" or "semitrailer" to make a U-turn on Main Street, at the intersections Carlos, Modoc, North, First, Second, Third and Fourth streets at any time.

(Ord. No. 354.)

No vehicles except buses shall park in the following zone between the hours of 11:30 A.M. and 1:30 P.M.: commencing at the east end of the southeast curb return of Howard and Modoc Streets, thence easterly along Modoc Street for a distance of sixty feet.

(Ord. No. 354.)

The flow of traffic on that portion of the alleyway running north and south between and parallel to Main Street and Court Street and bounded by 1st Street and 2nd Street shall be one-way only, from north to south.

(Ord. No. 403, § 1.)

The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

(Ord. No. 415, § 1.)

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or material in any alley.

(Ord. No. 415, § 1.)

Every vehicle stopped or parked on a roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within eighteen inches of the right-hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the right-hand curb. Where no curbs or barriers bound any roadway, right hand parallel parking is required, unless otherwise indicated by appropriate signs or traffic control devices.

(Ord. No. 415, § 1.)

No person shall stop, stand or park any vehicle on or within a crosswalk, except that a bus or common carrier may stop in a crosswalk to load or unload passengers.

(Ord. No. 415, § 1.)

(a)

The chief of police, when directed by the city council, is authorized to mark loading zones, passenger zones, and other curb zones as follows:

(1)

At any place in any business district;

(2)

Elsewhere in front of entrances to any place of business, or in front of any hall or place used for the purpose of public assembly.

(b)

Curb markings shall have the meanings set forth as follows:

(1)

"Red" means no stopping, standing or parking at any time, except as may be permitted by the Vehicle Code, and except that a bus may stop in a red zone if marked or signed as a "bus zone."

(2)

"Yellow" means no stopping, standing or parking at any time between 8:00 A.M. and 6:00 P.M. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials; provided, that such loading or unloading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than twenty minutes.

(3)

"White" means no stopping, standing or parking for any purpose other than the loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed three minutes. Such restrictions shall apply at all times when businesses are open.

(4)

"Green" means no stopping, standing or parking for more than twenty minutes at any time between 8:00 A.M. and 6:00 P.M. of any day except Sundays and holidays.

(Ord. No. 415, § 1.)

It is unlawful for any person to stop, stand or park any vehicle in a stall or space designated for disabled persons, unless the vehicle displays either a distinguishing license plate or placard issued pursuant to CVC 22511.5. This applies to both publicly and privately owned property where such spaces have been designated.

(Ord. No. 415, § 1.)

No person shall stop, stand or park a vehicle in front of a public or private driveway except that a bus engaged as a common carrier, or a school bus, or taxicab may stop to load or unload passengers. Where the entrance of a private drive is not delineated by an opening in a curb or other construction, so much of the surface of the ground is paved, surfaced or otherwise plainly marked by vehicle use as a private driveway entrance, shall constitute a driveway.

(Ord. No. 415, § 1.)

No person shall stop, park or leave standing, any vehicle within fifteen feet of a fire hydrant, except as follows:

(1)

The vehicle remains attended by a licensed driver who can immediately move the vehicle.

(2)

If the vehicle is owned and operated by a fire department and is clearly marked as one.

(Ord. No. 415, § 1.)

Parking within any intersection is prohibited.

(Ord. No. 415, § 1.)

No person shall stop, stand or park any vehicle in front of that portion of a curb which has been cut down, lowered or constructed to provide wheelchair accessibility to the sidewalk and which is designated for wheelchair access by either sign or red paint.

(Ord. No. 415, § 1.)

No person shall stop, stand or park any vehicle on any sidewalk.

(Ord. No. 415, § 1.)

(a)

No person who owns or has possession or control of any vehicle shall stop, stand or park any vehicle upon any street or alley for more than a consecutive period of one hundred twenty hours.

(b)

In the event a vehicle is parked or left standing upon a street in violation, any member of the police department authorized by the chief of police may remove such vehicle from the street in the manner and subject to the requirements of the Vehicle Code.

(Ord. No. 415, § 1.)

With the enactment of AB408, parking violations are removed from the court system and enforced via civil penalties, hereafter referred to as fines. These fines may include but are not limited to administrative fee, assessment fee (court/jail construction), late payment penalty and costs of collection. The city council has the sole authority for setting penalties but will as much as possible maintain uniformity within the county.

(Ord. No. 415, § 1.)

From time to time, the city council may review and reset the schedule of penalties or fines. This will be by resolution, and a current copy will be maintained by the city clerk's office, the parking program hearing officer and the Alturas police department.

(Ord. No. 415, § 1.)

(a)

Assessments required by section 76000 et seq. of the Government Code will be forwarded to the county. This assessment will be submitted to the county no later than forty-five days after the last day of the month in which the fine was collected.

(b)

Assessments shared by state. For those assessments which are required to be shared with the state, the amounts due will be forwarded to the state controller in the same manner as provided for the county.

(c)

An additional administrative fee by the city will be added to each citation. This fee will defray the cost of the program. The amount of the fee will be established by resolution and deposited in the city's general fund.

(d)

Late payment penalty. Any fine not paid by the required date (within ten days of the date on the notice of violation), as fixed on the notice of violation, shall incur an additional late payment penalty of fifty percent of the basic fine.

(e)

Delinquent fines and collection costs. Any fine not paid within fifteen days of a delinquent notice, will incur an additional delinquent fine of fifty percent of the basic fine. Costs of collection of delinquent fines may also be added to this total.

(Ord. No. 415, § 1.)

(a)

Fines may be paid in person by cash, check or money order at Alturas City Hall during normal working hours.

(b)

Fines may also be paid by check or money orders by mail. Checks or money orders will serve the violator as a receipt.

(c)

Termination of action. Once fines have been received by the city, no further actions will be taken concerning the notice of violation. The terminated notices will be placed on file at the Alturas police department as with other public records.

(Ord. No. 415, § 1.)

(a)

For a period of twenty-one days from issuance of the notice of violation or ten days from the mailing of the notice of delinquent violation a person may request an administrative review of the violation by written request, by telephone or in person.

(b)

Included with delinquent notices will be a statement that renewal of the registration of the vehicle, receipt of state income tax returns and payment of state lottery winnings will be contingent upon payment of fines due to the city.

(c)

Photostatic or electronic copies of violations may be ordered by violators who have lost or claim nonreceipt of notices. The police department may charge a fee sufficient to cover the costs of such copies, not to exceed two dollars each.

(d)

If the person is dissatisfied with the results of that review, they may contest the violation by depositing with the city the amount of the fine along with a written request for an administrative hearing, detailing an explanation for the reason to contest the violation. This request must be filed within ten days of mailing of the results of the administrative review.

(e)

The administrative review shall be conducted by the chief of police or his designee. The administrative hearing shall be conducted by a hearing officer appointed by the city council.

(Ord. No. 415, § 1.)

No person, except the chief of police through the placement of temporary authorizing signs, may alter the provisions of any parking restrictions. No person, especially an enforcement officer, may authorize anyone to violate parking rules or regulations.

(Ord. No. 415, § 1.)

(a)

If a vehicle is attended during the time the enforcement officer is issuing the notice of violations, the officer will deliver the notice in person.

(b)

If the vehicle is unattended, the officer will affix the completed notice either under the windshield wiper or in another conspicuous place so as to be observable by the driver upon the return of that person. The citation must be affixed to the vehicle so that it will not be blown away and will be visible to the driver when they return.

(c)

If, for any reason, the driver removes the vehicle and leaves the area while the officer is in the process of issuing the notice, it shall be mailed upon receipt of an address from the Department of Motor Vehicles check. The notice will indicate these circumstances.

(d)

No person, including the issuing officer, is authorized to alter, conceal or destroy any notice once it has been initiated.

(Ord. No. 415, § 1.)

Notices lacking required information or incorrect information may be dismissed outright by a hearing officer. This is called summary dismissal and occurs because the city has failed to adequately establish a prima facie case. The notice of violation will provide as a minimum the following statutorily required information.

(a)

Violation identification;

(b)

Approximate time;

(c)

Location;

(d)

Vehicle license number;

(e)

Registration expiration date;

(f)

Last four digits of VIN;

(g)

Color of vehicle;

(h)

Make of vehicle.

(Ord. No. 415, § 1.)

A notice of violation that contains the statutorily required information (as outlined above) is considered to establish a prima facie case. To rebut this, a respondent must be able to present credible and sufficient evidence to doubt the validity of the information listed.

(Ord. No. 415, § 1.)

Any vehicle cited five or more times within any period of five or more days and to which the owner has not responded may be seized or immobilized.

(Ord. No. 415, § 1.)

A registered owner must be notified whenever a violation issued to the vehicle is delinquent. This may be satisfied when the processing agency mails a notice to the last known address of the owner on file at the Department of Motor Vehicles.

(Ord. No. 415, § 1.)

The registered owner of a vehicle may transfer responsibility for the violation to a lessee or renter but only if the name, address and California Driver License number are provided to the processing agency within thirty days of the mail date of the delinquent notice. If this is not done, there is no requirement to transfer responsibility.

(Ord. No. 415, § 1.)