Berkeley Municipal Code Ch. 6.28 Public Parks--Traffic Regulations

*For vehicles and parking generally, see Title 14 of this code.

For Aquatic Park regulations, see Ch. 6.04 of this code.

The following words and phrases used in this chapter shall have the following meaning:

A. "Automobile" means every motor vehicle, as herein defined, except motorcycles.

B. "Berkeley Municipal Pier" means that certain pier, causeway or structure commonly known as the Berkeley Municipal Pier extending from a point at or near the foot of University Avenue in the City westerly over San Francisco Bay, which said pier was formerly used as an approach to the boats of the Southern Pacific Golden Gate Ferries, Ltd.

C. "City of Berkeley garbage dump" means that portion of land used for depositing garbage and refuse, which said land is located west of the East Shore Highway between Gilman and Virginia Streets in the City.

D. "Motorcycle" means every motor vehicle other than a tractor, designed to travel on not more than three wheels in contact with the ground.

E. "Motor-driven cycle" means any motorcycle, including every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with motor attached.

F. "Motor vehicle" means every device, as herein defined, which is self-propelled.

G. "Operator" means every person who drives, operates or is in actual physical control of a motor vehicle.

H. "Person" means every natural person, firm, copartnership, association or corporation.

I. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power, devices used exclusively upon stationary rails or tracks, and motor-driven wheelchairs or similar devices used by a physically handicapped person; provided, however, that for the purposes of this chapter, a bicycle shall be deemed a vehicle. (Ord. 4674-NS § 2, 1973; Ord. 2675-NS § 2, 1945; Ord. 2282-NS § 1, 1939)

The regulations contained in this chapter shall apply to and regulate the use and traffic upon the Berkeley Municipal Pier and in the Berkeley Yacht Harbor. (Ord. 4730-NS § 2 (part), 1974; Ord. 2282-NS § 23, 1939)

Vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other one-half of the traveled portion of the roadway as nearly as possible. (Ord. 2282-NS § 5, 1939)

Vehicles which are passing each other in opposite directions shall have the right-of-way, and no other vehicle to the rear of either of such two vehicles shall pass or attempt to pass such two vehicles, unless there is sufficient space for the vehicle to the rear to remain upon the right half of the roadway in overtaking and passing. (Ord. 2282-NS § 6, 1939)

Any vehicle overtaking another vehicle proceeding in the same direction shall pass at least two feet to the left thereof, and shall not again be driven to the right side of the roadway until safely clear of the overtaking vehicle. (Ord. 2282-NS § 7, 1939)

The driver of an overtaking motor vehicle shall give audible warning before passing or attempting to pass a vehicle proceeding in the same direction. (Ord. 2282-NS § 8, 1939)

The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of their vehicle until completely passed by the overtaking vehicle. (Ord. 2282-NS § 9, 1939)

The Police Department is authorized to prohibit parking on the Berkeley Municipal Pier, or in the Berkeley Yacht Harbor, or any portion thereof, at any time when large crowds of people or vehicles are to gather or have gathered on, in or near said pier or harbor.

The Police Department shall indicate the areas in which parking is prohibited by placing temporary signs prohibiting parking therein. No persons shall stop, park or leave standing any vehicle, whether attended or unattended, in such areas where such temporary signs have been placed. (Ord. 4730-NS § 2 (part), 1974; Ord. 3766-NS § 1, 1960; Ord. 2282-NS § 19, 1939)

Police officers of the City are authorized to prohibit parking in or on, or the use by vehicles or pedestrians of any roadway, sidewalks, pedestrian lane, walkway or levee in or on any portion of the Berkeley Municipal Pier or the Berkeley Yacht Harbor at places where large crowds of people or vehicles are to gather or have gathered, and at such times and places such police officers are authorized to direct the movement, directions and flow of traffic, both vehicular and pedestrian.

It is unlawful for any person to fail to promptly obey a police officer’s order, signal or command given pursuant to this section, and nothing in this chapter shall be construed to prevent any police officer from enforcing the terms of this section. (Ord. 4730-NS § 2 (part), 1974; Ord. 2282-NS § 20, 1939)

It is unlawful for any person to be on the Berkeley Municipal Pier, west of the entrance to the Berkeley Yacht Harbor, except on such days and during such hours as are prescribed by the City Manager. (Ord. 2620-NS § 4, 1944; Ord. 2282-NS § 21.1, 1939)

A. On that portion of the Berkeley Municipal Pier between the East Shore Highway and the Municipal Wharf, pedestrians shall use the pedestrian lane, which is the most northerly four feet of the pier.

B. On that portion of the Berkeley Municipal Pier lying west of the Municipal Wharf, pedestrians shall yield the right-of-way to all vehicles upon the roadway. However, the provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon the pier.

C. The provisions of subsection A of this section shall not apply in cases of emergency or to persons who are employed to perform work or labor upon said pier. (Ord. 2282-NS § 17, 1939)

It is unlawful for any person to fish from the Berkeley Municipal Pier except upon the conditions and in the manner as follows: Fishing is only permitted on that portion of the Berkeley Municipal Pier lying between the entrance to the Berkeley Yacht Harbor and a barrier properly signed to indicate that the pier is not to be used beyond that point. (Ord. 2620-NS § 4 (part), 1944; Ord. 2282-NS § 21(a), 1939)

Every person entering or driving upon the Berkeley Municipal Pier shall pay the tolls or charges as prescribed by the City Council. (Ord. 2620-NS § 4, 1944; Ord. 2282-NS § 21(b), 1939)

No vehicle on the Berkeley Municipal Pier shall be turned in such a manner as to proceed in the opposite direction except at such places where appropriate signs indicate that such turning is permissible. (Ord. 2282-NS § 10, 1939)

Subject to the provisions of Section 6.28.330, it shall be lawful for the driver of a vehicle to drive on the Berkeley Municipal Pier at a speed not exceeding fifteen miles per hour. (Ord. 2282-NS § 3, 1939)

It is unlawful for any person to park any vehicle on the Berkeley Municipal Pier between the hours of two a.m. and five a.m. for a greater length of time than forty minutes, unless said vehicle is a necessary aid to an existing or about to exist emergency. (Ord. 4730-NS § 2 (part), 1974; Ord. 4157-NS § 1, 1966; Ord. 3516-NS § 1, 1956; Ord. 2620-NS § 2, 1944; Ord. 2484-NS § 5, 1942; Ord. 2282-NS § 15.1, 1939)

No person shall stop, park or leave standing any vehicle, whether attended or unattended, on the Berkeley Municipal Pier, except in the area between the East Shore Highway and the Municipal Wharf, where vehicles may be parked in the allotted parking spaces designated by painted or marked lines placed on the pier for the purpose of allotting spaces to parked vehicles; provided, that if there are no such allotted spaces, vehicles shall be parked in such a manner that both wheels on the right side of such vehicle are not more than six inches from the pedestrian lane which is located on the most northerly four feet of said pier, and such vehicle is at least three feet distant from any vehicle standing in front or in the rear thereof. (Ord. 2445-NS § 1 (part), 1941; Ord. 2282-NS § 13, 1939)

A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, on the Berkeley Municipal Pier, except in the area west of the Municipal Wharf, where vehicles may be parked in the allotted parking spaces designated by painted or marked lines placed on the pier for the purpose of allotting spaces to parked vehicles, and in such cases where there are no painted or marked lines designating the allotted parking spaces, it shall be unlawful to stop, park or leave standing any vehicle, whether attended or unattended, on the south side of said Berkeley Municipal Pier, or in any area painted or signed as a "No Parking Area."

B. Vehicles may park on the north side of said Berkeley Municipal Pier in such a manner that both wheels on the right side of such vehicle are not more than six inches from the righthand edge of the roadway, and such vehicle is at least three feet distant from any vehicle standing in the front or the rear thereof.

C. Provided, however, that the operator of a truck or truck and trailer may stop or park such vehicle, between the hours of seven a.m. and six p.m., on any day other than Sundays or holidays, on the south side of the Berkeley Municipal Pier, beginning at a point approximately forty feet east of the entrance to the Berkeley Yacht Harbor and continuing east for a distance of one hundred twenty-five feet. (Ord. 2620-NS § 1, 1944; Ord. 2445-NS § 1 (part), 1941; Ord. 2282-NS § 13.1, 1939)

No bicycle shall be allowed on the wooden walkways or wharfs in the Berkeley Yacht Harbor. (Ord. 2282-NS § 12, 1939)

No person shall fish in the Berkeley Yacht Harbor or from the roadway or from any of the wharfs, gangways, floats, levees, walls or walks thereof. (Ord. 2282-NS § 18, 1939)

The operator of any vehicle entering or leaving the Berkeley Yacht Harbor shall stop such vehicle at the intersection of the Berkeley Yacht Harbor roadway and the Berkeley Municipal Pier: provided, that stops need not be made at such intersection at times when traffic is being directed.

The Police Department is authorized and directed to install or have installed and to maintain or have maintained at said intersection appropriate "STOP" signs which shall be so located as to be plainly visible at all times to the driver of an approaching vehicle: all such signs shall bear the word "STOP." (Ord. 2282-NS § 11, 1939)

Subject to the provisions of Section 6.28.330, it shall be lawful for the driver of a vehicle to drive in the Berkeley Yacht Harbor at a speed not exceeding fifteen miles per hour. (Ord. 2297-NS § 1, 1939; Ord. 2282-NS § 4, 1939)

No person shall stop, park or leave standing any vehicle, whether attended or unattended, in the Berkeley Yacht Harbor, except that vehicles may be parked in the allotted parking spaces designated by painted or marked lines placed for the purpose of allotting spaces to parked vehicles, and in such cases where there are no painted or marked lines designating the allotted parking spaces, vehicles shall be parked in such a manner that both wheels on the right side of such vehicle are not more than six inches from the righthand edge of the roadway, and such vehicle is at least three feet distant from any vehicle standing in the front or the rear thereof. (Ord. 4730-NS § 2 (part), 1974; Ord. 2484-NS § 3, 1942; Ord. 2282-NS § 13.3, 1939)

Notwithstanding any other provision of this chapter, it is unlawful for any person to stop, park or leave standing any vehicle, whether attended or unattended, on the paved portion of the filled area used as a detour from the East Shore Highway westerly to the entrance to the Berkeley Yacht Harbor. (Ord. 3060-NS § 1, 1949; Ord. 2282-NS § 13.4, 1939)

It is unlawful for any person to park any vehicle in the Berkeley Yacht Harbor, except with the wheels at right angles to the curb, fence or edge of the roadway at the following locations:

A. On the west side of the west levee, for a distance of eighty-eight feet north of the southern terminus of such levee;

B. On the south side of the south levee, for a distance of one hundred feet east of the western terminus of such levee; and

C. On the south side of the south levee, beginning one hundred thirty feet west of the junction of the Berkeley Municipal Pier and the south levee, and continuing westerly for seventy feet. (Ord. 2484-NS § 2, 1942; Ord. 2445-NS § 1 (part), 1941; Ord. 2282-NS § 13.2, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, on the north side of the south levee, beginning at the junction of the Berkeley Municipal Pier and the south levee and continuing westerly for a distance of approximately one thousand fifty feet. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14.1, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, on the south side of the south levee, beginning at the junction of the Berkeley Municipal Pier and the south levee, and continuing westerly for a distance of one hundred thirty feet. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, on the west side of the west levee, beginning at the northern terminus and continuing southerly for a distance of approximately seven hundred eighty feet. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14.2, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, on the entire turning area at the north end of the west levee. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14.3, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, on either side of Wharf A lying between the Municipal Wharf and the boathouse for the entire length, except as required for the expeditious loading or unloading of boats or boating supplies. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14.5, 1939)

A. The parking area adjacent to the Yacht Harbor roadway which has been designated by appropriate signs or other markings for the use of boat owners only, is reserved for the use of the vehicles of boat owners who have boats berthed in the Berkeley Yacht Harbor and who have been authorized to use said parking area by the issuance of a pass therefor. Whenever any such vehicle is parked in said reserved parking area, said pass shall be prominently displayed within the vehicle so as to be plainly visible and easily read and identified from without the vehicle.

B. No person other than those so authorized as hereinabove set forth shall stop, park or leave standing any vehicle, whether attended or unattended, in the yacht harbor parking area referred to in this section.

C. Upon application to the harbormaster, each boat owner having a boat berthed in the Berkeley Yacht Harbor shall have one automobile pass issued to him, provided, however, that not more than one pass shall be issued for each boat berthed. (Ord. 4730-NS § 2 (part), 1974; Ord. 4157-NS § 1, 1966; Ord. 3516-NS § 1, 1956; Ord. 2620-NS § 2, 1944; Ord. 2484-NS § 5, 1942; Ord. 2282-NS § 15, 1939)

No person shall stop, park or leave standing any vehicle in the Berkeley Yacht Harbor, whether attended or unattended, in the area near the junction of the Berkeley Municipal Pier and the south levee, such area being bounded as follows: On the east by the warehouse of the Municipal Wharf, on the north by the yacht harbor service station, on the west by the east line of the office of the Berkeley Yacht Harbor and such line continued, and on the south by the north line of the Berkeley Municipal Pier. (Ord. 2484-NS § 4 (part), 1942; Ord. 2445-NS § 2 (part), 1941; Ord. 2282-NS § 14.4, 1939)

Any person driving a vehicle on the Berkeley Municipal Pier or in the Berkeley Yacht Harbor, or in or upon the approaches to the City of Berkeley garbage dump shall drive the same at a careful and prudent speed not greater than is reasonable and proper, having due regard to the traffic, surface and width of the roadways, and any person who knowingly and wilfully drives any vehicle upon said pier or in said harbor or garbage dump, either without due caution or circumspection, or in such manner as to endanger the life, limb or property of any person, shall be guilty of reckless driving. (Ord. 4730-NS § 2 (part), 1974; Ord. 2675-NS § 3, 1945; Ord. 2282-NS § 2, 1939)

Subject to the provisions of Section 6.28.330, it shall be lawful for the driver of a vehicle to drive in or upon the approaches to the City of Berkeley garbage dump at a speed not exceeding fifteen miles per hour. (Ord. 2675-NS § 5, 1945; Ord. 2282-NS § 4.1, 1939)

The Police Department is authorized and directed to erect, maintain, place and paint the necessary signs and markings which shall give notice of the regulations prescribed in this chapter.

The areas described in Section 6.28.270 in which parking is prohibited shall be indicated by appropriate signs or painting red the curbs, barriers, fences or edging of the roadways, levees or wharfs of such areas. (Ord. 2282-NS § 16, 1939)

The Police Department is authorized to remove or cause to be removed to the nearest garage or other place of safety, or to a garage designated or maintained by the City, any vehicle that is stopped, standing or parked in violation of Sections 6.28.080, 6.28.160 through 6.28.180 and 6.28.230 through 6.28.320 of this chapter, and when signs are posted giving notice of such removal. The provisions of Sections 22851, 22852 and 22853 of the Vehicle Code of the state pertaining to notice to owner and garage keepers’ lien, shall apply in the event of such removal. (Ord. 4730-NS § 2 (part), 1974; Ord. 3766-NS § 1, 1960; Ord. 2282-NS § 19.1, 1939)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code except that violations of Sections 6.28.090 and 6.28.330 shall be punishable as misdemeanors. (Ord. 5716-NS § 3 (part), 1986; Ord. 5591-NS § 1 (part), 1984; Ord. 2675-NS § 4, 1945; Ord. 2282-NS § 22, 1939)