Danville Municipal Code § 8-24 Nonvehicular Activities in Rights-of-Way

1 Editor’s Note: This section was adopted by Ord. No. 15, §1(3). For the statutory provisions of the California Recreational Trails Act, see Public Recreational Code, §5070ff.

As used in this section, these terms have the following meanings:

Business district: As defined in Section 235 of the California Vehicle Code.

Darkness shall mean any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise and any other time when there is not sufficient light to render clearly discernible any person or vehicle on the roadway or right-of-way at a distance of five hundred (500’) feet.

Pedestrian shall mean one who journeys or travels on foot from one point to another on or near a roadway without remaining in one position or area for more than a temporary period, and such status shall not be changed by temporary or intermittent stops or pauses incidental to the journey.

Right-of-way shall mean all land or interest thereto which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved or set aside for or dedicated to the use of the general public for road or highway purposes, and all or a portion of which is open to public travel.

Roadway: As defined in Section 530 of the California Vehicle Code.

The Town Council finds that any person sleeping, dozing or reclining outside of a motor vehicle or trailer within any public right-of-way is a grave and immediate hazard to the safety of himself and of those enTitled to use, and using or trying to use, the roadway or other parts of the public right-of-way, and that persons walking or standing (other than pedestrians walking on the left-hand side of the roadway) within fifteen (15’) feet of roadways outside a business district during darkness, and not displaying a light or reflector adequate to signify their presence, constitute a danger to themselves and to others using such roadway.

It is unlawful for any person to sleep, doze or recline outside of any motor vehicle or trailer within any right-of-way.

It is unlawful for any person to walk or stand within fifteen (15’) feet of any roadway outside a business district during darkness without displaying on his person a light or reflector adequate to signify his presence to vehicular traffic on the roadway, except pedestrians walking on the left-hand side of the roadway.

It is unlawful for any person to remain on a public street, sidewalk or other public place or place open to the public (inside or outside a public right-of-way), when his presence or acts unreasonably interfere with the peaceful conduct of a lawful business or occupation on adjacent property by annoying or disturbing its personnel or customers, after having been asked to leave by the owner, agent or person in lawful possession of such business.