Chico Municipal Code Ch. 10.53 Temporary Road Closures

This chapter is adopted pursuant to the authority granted by the municipal affairs provisions of the city Charter and Vehicle Code Section 21101.4 which allows local authorities to adopt rules and regulations for temporary street closures due to serious and continual criminal activity on streets or portions of the streets recommended for closure.

(Ord. 2546 §2 (part))

Unless the contrary is stated or clearly appears from the context, the definitions set forth in the California Vehicle Code and set forth in Chico Municipal Code Title 10, Chapter 10.10 entitled "Definitions" shall govern the construction of the words and phrases used in this chapter.

(Ord. 2546 §2 (part))

The director is responsible for the administration of this chapter and shall be assisted by the chief of police and fire chief as set forth in this chapter.

(Ord. 2546 §2 (part))

To implement the provisions of this chapter, the city council shall, by resolution at a public hearing, establish designated streets for temporary closure based on the recommendations of the director and taking into consideration the following Vehicle Code Section 21101.4 criteria for temporary street closures:

A. Serious and continuing criminal activity such as, but not limited to, illegal drug use and sales, vandalism, and overnight camping, exists on designated streets on the Chico city limits recommended for temporary closure.

B. Serious littering and continual illegal dumping occur on the designated streets.

C. Vehicle, bicycle, and/or pedestrian traffic contribute to these activities

D. The designated streets have not been designated as through highways or arterial streets.

E. The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway to be temporarily closed since the streets.

(Ord. 2546 §2 (part))

Pursuant to Vehicle Code 21101.4(c), the director shall mail written notice to all residents and owners, as shown on the last equalized assessment roll, of property adjacent to the portion of the streets where a temporary closure or extension of temporary closure is proposed.

(Ord. 2546 §2 (part))

Pursuant to Vehicle Code Section 21103 and 22651(n), signs giving notice of the temporary closure and removal of vehicles shall be posted prior to enforcement of this chapter. Such signs shall be posted at all entrances to the designated streets. Signs shall advise of the temporary street closure days and hours, that the area is a tow-away zone and that violators may be cited for a violation of the temporary street closure. Lettering on the signs shall be at least one to two inches in height.

(Ord. 2546 §2 (part))

A. It shall be unlawful for any person to operate, stand or park a vehicle on any designated street within the hours of temporary closure.

B. In addition to any criminal, civil or administrative penalties, vehicles stopped, parked, or left standing on a designated street within the temporary closure are subject to towing pursuant to Vehicle Code Section 22651(n).

C. The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to the following:

1. Vehicles operated by the Police or Fire Department; any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle.

2. Vehicles operated by owners and residents of property located adjacent to the designated streets temporarily closed, and who have identification demonstrating their ownership or residency of the property.

(Ord. 2546 §2 (part))

A highway temporarily closed pursuant to the process under section 10.53.040 may be closed for not more than 18 months, except that this period may be extended for not more than eight additional consecutive periods of not more than 18 months each if, prior to each of those extensions, the local authority holds a public hearing and finds, by resolution, that the conditions in Vehicle Code 21101.4(b) exist.

(Ord. 2546 §2 (part))