Chula Vista Municipal Code Ch. 10.28 Driving Rules

Sections:

***** For statutory authority for cities to apply public driving law to private roads, see Veh. Code §§ 21107 and 21107.5.

No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade; provided, that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the orders of the Police Department. (Authorized by Section 21100 Vehicle Code.) (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.8.1).

No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. For the purpose of this section, a “commercial vehicle” shall mean a vehicle having a rated capacity in excess of one-half ton. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.8.4).

No person shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that said area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the City Engineer. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m. (Ord. 973 § 1, 1966; prior code § 19.8.5).

No person shall drive a vehicle onto or from any limited access roadway or freeway except at such entrances and exits as are lawfully established. (Ord. 973 § 1, 1966; prior code § 19.8.8).

No person shall drive or operate any bicycle, motor-driven cycle, or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway as defined by state law, nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians, provided official signs are in place giving notice of such restrictions. (Authorized by Section 21960 Vehicle Code.) (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.8.9).

“Skateboard” for the purposes of this chapter means any toy or device upon which a person may ride standing or sitting, which coasts, glides, or is propelled by human power, and which is a board or other surface mounted on one or more wheels.

A. It is unlawful for any person to skate, or use or ride any roller skates, coaster, skateboard, toy vehicle or other similar device, upon or over any public street, bridge, underpass, sidewalk space, sidewalk, or public property within the business district of the City. “Business district” is defined by the California Vehicle Code as “that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by building in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists.”

B. No person shall ride any of the above-described devices within any parking structure or upon any public grounds where people are assembled, including but not limited to trolley stations, Civic Center complex, library complex, and shopping centers. This chapter does not preclude the riding of skateboards within areas designated for such activity.

C. No person shall ride any of the above-described devices within any privately owned property without the written permission from the property owner. (Ord. 2670 § 1, 1996; Ord. 2304 § 1, 1989; Ord. 973 § 1, 1966; prior code § 19.16.1).

It is unlawful for any person under the influence of intoxicating liquor, narcotic drugs, amphetamine or derivative thereof, or other dangerous drugs, to a degree which would render him incapable of safely driving a vehicle, to be in or about any vehicle to which he has right of access or control while such vehicle is in or upon any street or any other public place in the City, unless said vehicle is under the immediate control or operation of a person not under the influence of intoxicating liquor or the above-mentioned drugs. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.16.2).

No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.18.1).

No person shall cause or permit any railway train or railway car or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than 10 minutes, except that this provision shall not apply to railway cars, trains or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.18.2).

No person shall operate or drive any motor vehicle over or upon any private property, or leave any vehicle upon such property, without having, and upon request of a peace officer displaying, written permission of the owner of such property, or permission from the person entitled to possession thereof for the time being, or the authorized agent of either, except that this section shall not apply to public or private parking lots. (Ord. 2670 § 1, 1996; Ord. 1538 § 1, 1974; Ord. 973 § 1, 1966; prior code § 19.10.11).

It is the intent and purpose of the City Council, by the adoption of CVMC 10.28.140 through 10.28.180, to provide a procedure for establishing rules and regulations regulating vehicular traffic on privately owned and maintained roads and parking lots located within the City, in accordance with the authorization contained in Sections 21107 and 21107.5 of the California Vehicle Code. Such rules and regulations are necessitated by reported incidences of unsafe vehicular movements upon privately owned roads and parking lots which are not presently subject to the provisions of the traffic code of the City or of the California Vehicle Code. (Ord. 2670 § 1, 1996; Ord. 1195 § 1; prior code § 19.2401).

The imposition of rules and regulations governing the movements of vehicles contained in the traffic code of the City and the California Vehicle Code may be applied to any privately owned and maintained road and parking lot within the boundaries of the City; provided, that a resolution establishing such rules and regulations for specified roads and parking lots has been adopted by the City Council in accordance with the procedures established herein. Such rules and regulations shall not become effective until signs giving notice thereof are posted on the private roads and parking lots to be affected. The rules and regulations which may be thus imposed by resolutions encompass all provisions of the traffic code and the California Vehicle Code including, but not limited to, parking and stopping regulations, speed and movement of vehicles. (Ord. 2670 § 1, 1996; Ord. 1195 § 1; prior code § 19.2402).

A request for a resolution to be adopted by the City Council establishing set rules and regulations on private roads and parking lots may be initiated by the Chief of Police, the Director of Public Works or by the owners of the private roads or parking lots. Upon receipt of such a request, the City Clerk shall set the matter for hearing before the City Council by giving notice thereof by publication in a newspaper of general circulation, printed and published in the City, by one publication at least 10 days prior to the date of the hearing. (Ord. 2670 § 1, 1996; Ord. 1195 § 1; prior code § 19.2402(1)).

Subsequent to consideration of evidence presented at said public hearing, the City Council may adopt a resolution having certain rules and regulations on the subject of private roads or parking lots. Said resolution shall specify the type of rule or regulation. The City Council shall also make a finding that the subject road or parking lot, although privately owned and maintained, is of such a nature and character so as to constitute an openly and publicly used road or parking lot, allowing the public movement of vehicles thereon. (Ord. 2670 § 1, 1996; Ord. 1195 § 1; prior code § 19.2402 (2)).

Rules and regulations established by said resolution shall become effective at such time as the road or parking lot has been posted with appropriate signs giving notice thereof. (Ord. 2670 § 1, 1996; Ord. 1195 § 1; prior code § 19.2402(3)).