Chula Vista Municipal Code Ch. 10.04

GENERAL PROVISIONS*

Sections:

10.04.010 Short title. 10.04.020 Intent and purpose of provisions. 10.04.030 Regulation and maintenance of schedules of streets and zones subject to regulatory provisions. 10.04.040 Criminal provisions and administrative remedies.

***** For statutory authority for cities to adopt rules and regulations for traffic control, see Veh. Code § 21100.

This title (CVMC Title 10) shall be known and may be cited as the “traffic code.” (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.1.1).

A. It is the purpose and intent of the City Council in adopting this title to provide a convenient compilation of the rules and regulations governing and controlling the movement of motor vehicles and traffic in Chula Vista. These rules and regulations are further intended to supplement the regulations contained in the Vehicle Code of the state of California in those instances where the subject matter is not covered by state traffic laws, and to adopt local regulations where express power is granted to local authorities to control particular subject matter. It is the purpose of this title to provide standards and guidelines for the administration of motor vehicles and traffic regulations for those departments charged with such responsibility in the City. Certain definitions and regulations contained herein incorporate the exact language of the Vehicle Code of the state of California and should be cited with reference to the code sections of the Vehicle Code as indicated. If any definitions or regulations are not contained herein, or if definitions or regulations contained herein are inconsistent with the Vehicle Code, such definitions or regulations as found in the Vehicle Code as it exists or as it may be amended shall apply.

B. It is further the purpose and intent of the City Council by enacting Ordinance 2670, which amends CVMC Title 10 to delegate to the City Engineer the responsibility and authority to adopt and promulgate traffic and parking control measures pursuant to the standards promulgated by the California Vehicle Code and the California Department of Transportation (Caltrans) Traffic Manual, with the concurrence of the Traffic Safety Commission, that such enactment and process constitute the enactment of an ordinance or resolution when required by the language of certain sections within Division 11 of the California Vehicle Code, through which traffic and parking control is to be exercised and effected within the jurisdictional limits of the City of Chula Vista.

C. It is further the intent of the City Council, and it is hereby so authorized, that the City Engineer, upon the concurrence of the Traffic Safety Commission pursuant to CVMC 10.04.030, shall have the power and authority to adopt, amend, alter or modify any regulation, as defined by CVMC 10.08.195, which creates or establishes a traffic or parking control measure. Where a traffic or parking control measure has been previously adopted by ordinance or resolution of the City Council, that regulation may be hereafter modified or abrogated by the City Engineer pursuant to the process outlined in CVMC 10.04.030. (Ord. 3539 § 1(S), 2022; Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.1.2).

A. Subject to subsection (G) of this section, the City Council, at the concurrence of the City Manager, hereby delegates the authority and responsibility to establish and maintain vehicular and pedestrian traffic and parking control measures, standards and requirements in the public right-of-way to the City Engineer after review by the Traffic Safety Commission, unless, on affirmative vote of the majority of the membership of the Traffic Safety Commission, the Commission objects to the proposed action by the City Engineer, in which case the matter shall be referred to the City Council, and the authority as to such matters shall thereafter be revested in the City Council to be exercised upon the affirmative vote of at least three members of the City Council.

B. The Traffic Safety Commission may not initiate or order the implementation of a traffic control measure, but may recommend to the City Engineer the consideration of a proposed traffic or parking control measure. If the City Engineer declines to implement a traffic or parking control measure recommended by the Traffic Safety Commission, the Traffic Safety Commission may refer the matter to the City Council, and following such referral, the authority to implement or order the particular traffic safety measure recommended by the Traffic Safety Commission shall be vested in the City Council.

C. The Traffic Safety Commission shall utilize the standards and procedures established in the California Vehicle Code and the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) in its deliberations and recommendations, but may base its recommendations to the City Engineer, or City Council when applicable, upon other matters of public policy affecting traffic safety.

D. The City Engineer shall exercise the responsibility and authority hereby delegated for the determination, design, administration and enforcement of traffic and parking control measures and installation of devices consistent with the standards and warrants contained in the latest effective edition of the State of California Traffic Manual as amended, a copy of which is on file in the office of the City Engineer. The City Engineer shall promptly file any amendments to or later editions of the State of California Manual on Uniform Traffic Control Devices (CA MUTCD) or successor manuals promulgated by the state of California pursuant to the authority of the California Vehicle Code and, upon filing, those standards will become applicable to the determinations and regulations adopted by the City Engineer.

E. Except as provided in CVMC 10.52.070, no traffic control measure or parking control measure shall be enforceable, nor shall a violation be punishable, until an appropriate traffic control device or parking control device meeting the standards prescribed in subsection (D) of this section is posted or installed. Posting or installation shall be prima facie evidence of the legality of any traffic control measure or parking control measure adopted under this title.

• F. Administration and maintenance of records by the City Engineer shall be as follows:

  1. The City Engineer shall maintain all regulations under this title and provide the Chief of Police copies of all administrative interpretations and determinations made pursuant to this section which govern the installation and administration of traffic control measures and parking control measures in the City of Chula Vista.

  2. The City Engineer shall maintain a register of all schedules which establish parking and traffic control measures for streets within the City, and shall incorporate into those schedules the streets, zones and intersections and restrictions or limitations previously listed in Schedules I through XVI as were previously codified in this title prior to their repeal by Ordinance 2670. The repeal or amendment of those sections by Ordinance 2670 is intended to merely delete reference to the street designations within the text of the Municipal Code. Parking and traffic control measures upon those streets, zones and intersections shall be administered by the City Engineer pursuant to this section.

• G. Exceptions. The City Council reserves the right to enact ordinances and resolutions, and the City Engineer shall make recommendations to the Council, as appropriate, on the following matters:

  1. Traffic control measures budgeted by the City as a capital improvement project budget.

  2. Regulations adopted pursuant to California Vehicle Code Section 21101(a) and (c).

  3. Traffic control measures affecting community businesses, and having an impact on the availability of parking within business districts including, but not limited to, angle parking and installation of parking meters.

  4. Parking and traffic regulations on private property and roads pursuant to California Vehicle Code Sections 21107 and 21107.8.

  5. Ordinances or resolutions which amend, modify or restrict the authority of the City Engineer or which establish policy to guide the City Engineer’s exercise of authority pursuant to this code.

  6. Establishment of parking meter zones and parking fees pursuant to Vehicle Code Section 22508.

  7. Establishment of speed limits pursuant to California Vehicle Code Sections 22357 and 22358.

• H. Emergency, Special Events and Road Construction Events. The City Engineer’s authority regarding the adoption of traffic and parking control measures for emergencies and road construction is as follows:

  1. Road Construction. The authority to establish and maintain traffic control measures for road construction events shall be vested solely in the City Engineer, unless overruled by the affirmative vote of three members of the City Council. Referral to and concurrence of the Traffic Safety Commission are not required. The City

Engineer shall, under the following circumstances, advise the Council a minimum of seven days in advance in writing of the following proposed traffic control measures exercised under the authority of this subsection:

• a. The proposed measure may involve complete road closures on any road;

• b. The proposed measure may involve significant interference with traffic on high volume roads;

• c. The proposed measure may involve long-term partial road closures on any road;

• d. The proposed measure may involve interference with access to any business;

• e. The proposed measure may involve the rerouting of traffic through residential areas.

2. Emergency Traffic Regulations. The City Engineer may enact emergency traffic regulations with the concurrence of the Chief of Police when necessary to immediately preserve the public health, safety and welfare, and shall report the same to the City Council within seven days. Emergency traffic regulations shall remain valid and effective until set aside or modified by the City Council. Referral to the Traffic Safety Commission is optional.

3. Special event regulations establishing and maintaining traffic control measures for special events and community events using the public right-of-way. (Ord. 3539 § 1(S), 2022; Ord. 3205 § 1, 2011; Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.22.1).

A. General Provisions. It is unlawful for any person to disobey the directions of any traffic control device or parking control device within the City of Chula Vista. This section shall be cited as authority except when a more specific provision is contained in the California Vehicle Code or elsewhere in this title, in which case the more specific provisions will be used.

B. Administrative Remedy. Any person who contends that a traffic or parking control measure or device was not promulgated or installed according to the regulations contained in this title or the California Vehicle Code may petition the Traffic Safety Commission to examine the matter, and may appeal that determination to the City Council within 10 days following. (Ord. 3539 § 1(S), 2022; Ord. 2670, 1996).