Chapter 70 — GENERAL PROVISIONS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. Any unnamed street less than 25 feet in width between property lines.

CENTRAL TRAFFIC DISTRICT. All streets and portions of streets within the area bounded by the south line of Seventh Street, the east line of J Street, the west line of Broadway, and the north city limits.

COACH. Any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier for passengers.

CURB. The lateral boundary of the roadway, whether such curb shall be marked by curbing construction or not. CURB, as used in this chapter, shall not include the line dividing the roadway of a street from parking strips in the center of a street or from tracks or rights-of-way of public utility companies.

DIVISIONAL ISLAND. A raised island located in the roadway and separating opposing or conflicting streams of traffic.

GRADE SEPARATION. Every structure by means of which any street passes over or under any stationary rails, tracks, or other street.

HENDERSON CENTER BUSINESS DISTRICT.

• (1) That territory:

• (a) Bounded on the north one block north of Henderson Street;

• (b) Bounded on the east by the east line of H Street;

• (c) Bounded on the south by one block south of Harris Street;

• (d) Bounded on the west by the west line of D Street.

(2) The Henderson Center Business District is for businesses only; residential units are excluded from this definition for the

purpose of coaster enforcement.

HOLIDAYS.

(1) January 1; the third Monday in January, known as Martin Luther King's birthday; the third Monday in February, known as “President's Day;” the Friday before Easter, from 12:00 noon until 5:00 pm.; the last Monday in May, known as “Memorial Day;” July 4; the first Monday in September; September 9, known as “Admission Day;” the second Monday in October, known as “Columbus Day;” the fourth Monday in October, known as “Veterans Day,” or such other day as shall be designated under state law as Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; December 25; and every day appointed by the President or Governor as a public feast, thanksgiving, or holiday.

(2) If January 1, February 12, July 4, September 9, Veterans Day, or December 25 falls upon a Saturday or Sunday, the Friday preceding the Saturday or the Monday following the Sunday shall be a holiday.

LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

OFFICIAL TIME STANDARD. Whenever certain hours are named in this chapter, they shall mean standard time or daylight saving time as may be in current use in the city.

PARKWAY. That portion of a street other than a roadway or a sidewalk.

PARKING METER. Any device that accepts payment for the use of parking spaces. Such devices include, but are not limited to, parking meters, pay stations, and any software application that processes payments from a mobile device, for the purpose of controlling the period of time a parking meter space is occupied by any vehicle.

(1) The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times specified by this chapter except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

(2) The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or laws of the city prohibiting or limiting the standing or parking

of vehicles in specified places or at specified times.

PASSENGER LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

PEDESTRIAN. Any person afoot.

POLICE OFFICER. Every officer of the Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

STOP. When required, shall mean the complete cessation of movement.

VEHICLE CODE. The California Vehicle Code.

('63 Code, §§ 3-6.101 - 3-6.120) (Ord. 2930, passed 4-17-63; Am. Ord. 701-C.S., passed 10-18-05; Am. Ord. 947-C.S., passed 8- 1-23)

(A) Any provision of this chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the Department of Public Works of the state is required by state law shall cease to be operative six months after receipt by the Council of written notice of withdrawal of approval of the Department of Public Works of the state.

(B) Whenever the provisions of this chapter delegate authority to a city officer or authorize action by the Council to regulate traffic upon a state highway in any way which by state law requires the prior approval of the Department of Public Works of the state, no such officer shall exercise such authority, nor shall such action by the Council be effective with respect to any state highway, without the prior approval in writing of the Department of Public Works of the state when and to the extent required by Cal. Veh. Code Divisions 9 and 11.

('63 Code, § 3-6.1801) (Ord. 2930, passed 4-17-63)

(A) No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order, signal, or direction of a traffic or police officer, a member of the Fire Department, or a person authorized by the Chief of Police or by law. ('63 Code, § 3-6.303)

(B) It shall be a misdemeanor for a pedestrian or any person driving any vehicle or other conveyance upon any street to do any act forbidden or to fail to perform any act required as applicable to any such person pursuant to the provisions of this chapter. ('63 Code, § 3-6.304)

(Ord. 2930, passed 4-17-63) Penalty, see § 70.99

(A) No person shall interfere with or obstruct in any way any police officer or other officer or employee of the city in his enforcement of the provisions of this chapter. The removal, obliteration, or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of the city in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction.

('63 Code, § 3-6.306) (Ord. 2930, passed 4-17-63)

(B) It is a defense to prosecution under this section that the interference alleged consisted of speech only. Penalty, see § 70.99

(A) Regulations applying to persons riding bicycles or animals. Every person riding a bicycle or riding or driving an animal upon a highway shall have all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of this chapter except those provisions which by their very nature can have no application. ('63 Code, § 3-6.305)

(B) Public employees to obey traffic regulations. The provisions of this chapter shall apply to the operator of any vehicle owned by or used in the service of the United States, the state, and any county or city, and it shall be unlawful for any such operator to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the Vehicle Code. ('63 Code, § 3-6.307)

(Ord. 2930, passed 4-17-63; Am. Ord. 34-C.S., passed 4-3-65) Penalty, see § 70.99

(A) The provisions of this chapter regulating the operation, parking, and standing of vehicles shall not apply to vehicles operated by the police or fire department, any public ambulance, any public utility vehicle, or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call.

(B) The provisions of division (A) of this section shall not, however, relieve the operator of any such vehicle from his obligation to exercise due care for the safety of others or the consequences of his wilful disregard of the safety of others.

(C) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or to any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation, or delivery of United States mail. ('63 Code, § 3-6.308) (Ord. 2930, passed 4-17-63)

TRAFFIC-CONTROL DEVICES

(A) Authority to install.

(1) The Traffic Engineer shall have the power and duty to place and maintain, or cause to be placed and maintained, official traffic-control devices when and as required to make effective the provisions of this chapter.

(2) Whenever the Vehicle Code requires for the effectiveness of any provision thereof that traffic-control devices be installed to give notice to the public of the application of such law, the Traffic Engineer is hereby authorized to install, or cause to be installed, the necessary devices, subject to any limitations or restrictions set forth in the law applicable thereto.

(3) The Traffic Engineer may also place and maintain, or cause to be placed or maintained, such additional traffic-control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the Council. ('63 Code, § 3-6.401)

(B) Installation.

(1) The Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.

(2) The Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigations, traffic counts, and other traffic information as may be pertinent, and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Planning Manual of Instructions, Part 8, Traffic, issued by the Division of Highways of the Department of Public Works of the state.

(3) Whenever the Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at any such intersection. ('63 Code, § 3-6.406)

(Ord. 2930, passed 4-17-63; Am. Ord. 34-C.S., passed 4-3-65)

No provision of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. ('63 Code, § 3-6.402) (Ord. 2930, passed 4-17-63)

The operator of any vehicle or train shall obey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter unless otherwise directed by a police officer or other authorized person, subject, however, to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. ('63 Code, § 3-6.403) (Ord. 2930, passed 4-17-63) Penalty, see § 70.99

The Traffic Engineer is hereby authorized to remove, relocate, or discontinue the operation of any traffic-control device not specifically required by the California Vehicle Code or by this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist. ('63 Code, § 3-6.404) (Ord. 2930, passed 4-17-63)

The Traffic Engineer shall determine the hours and days during which any traffic-control device shall be in operation or be in effect, except in those cases where such hours or days are specified by the provisions of this chapter. ('63 Code, § 3-6.405) (Ord. 2930, passed 4-17-63)

(A) Lane markings. The Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. ('63 Code, § 3-6.407)

(B) Distinctive roadway markings. The Traffic Engineer is hereby authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such markings or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed by the Department of Public Works of the state pursuant to the provisions of the Vehicle Code.

('63 Code, § 3-6.408)

(Ord. 2930, passed 4-17-63)

No person, unless authorized by the city, shall paint any street or curb surface; provided, however, the provisions of this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or law of the city pertaining thereto.

('63 Code, § 3-6.409) (Ord. 2930, passed 4-17-63) Penalty, see § 70.99

ADMINISTRATION AND ENFORCEMENT

The Chief of Police shall be responsible for the enforcement of the street traffic regulations of the city and the state vehicle laws applicable to street traffic in the city. He shall cooperate with the Traffic Engineer and other officers of the city in the

administration of the traffic laws and in developing ways and means to improve traffic conditions and carry out those duties specially imposed upon the Police Department by this chapter and the traffic laws of the city. ('63 Code, § 3-6.201) (Ord. 2930, passed 4-17-63)

(A) Designation. For the purposes of this chapter, the Director of Public Works is hereby designated the Traffic Engineer of the city. Whenever a power is granted to the Traffic Engineer or a duty is imposed upon him, the power may be exercised or the duty may be performed by his deputy or by a person authorized in writing by him. ('63 Code, § 3-6.205)

(B) Powers and duties. It shall be the general duty of the Traffic Engineer to determine the installation of proper timing and maintenance of traffic-control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by the laws of the city. Whenever, pursuant to the provisions of this chapter, the Traffic Engineer is required or authorized to place or maintain official traffic-control devices or signals, he may cause such devices or signals to be placed or maintained. ('63 Code, § 3-6.206)

(Ord. 2930, passed 4-17-63)

(A) Officers of the Police Department and such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or audible or other signal in conformance with the traffic laws, except that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire Department may direct traffic as conditions may require notwithstanding the provisions to the contrary contained in this chapter or the Vehicle Code.

('63 Code, § 3-6.301)

(B) At places where large numbers of people and vehicles are to gather or have gathered, the provisions of this chapter shall not be construed to prevent any police officer from prohibiting any person from parking any vehicle upon or using any street or sidewalk, or from prohibiting any pedestrian from using any street or sidewalk, and such police officer shall have authority to direct the parking of vehicles in any reasonable manner, way, or direction. It is hereby declared to be unlawful for any person to fail to promptly obey such police officer's order, signal, or command, regardless of any other provision of this chapter. ('63 Code, § 3-6.311)

(Ord. 2930, passed 4-17-63) Penalty, see § 70.99

No person, other than an officer of the Police Department, member of the Fire Department, a person authorized by the Chief of Police, or a person authorized by law, shall direct or attempt to direct traffic by voice, hand, or other signal, except that persons may operate, when and as provided by this chapter, any mechanical push button signal erected by order of the Traffic Engineer. ('63 Code, § 3-6.302) (Ord. 2930, passed 4-17-63) Penalty, see § 70.99

(A) Traffic accident studies. Whenever the accidents at any particular location become numerous, the Chief of Police shall cooperate with the Traffic Engineer in conducting studies of such accidents and determining remedial measures. ('63 Code, § 3-6.202)

(B) Traffic accident reports. The Chief of Police shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically and/or by location. Such reports shall be available for the use and information of the Traffic Engineer.

('63 Code, § 3-6.203)

(C) Annual traffic safety reports. The Chief of Police shall annually prepare a traffic report which shall be filed with the City Manager. Such report shall contain information on traffic matters in the city as follows:

(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data; and,

(2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police. ('63 Code, § 3-6.204)

(Ord. 2930, passed 4-17-63)

(A) The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including, but not limited to, any fire hydrant, parking meter, lighting post, telephone pole, or electric light or power pole, or resulting in damage to any tree, traffic-control device, or other property of a like nature located in or along any street shall, within 24 hours after such accident, make a written report of such accident to the Police Department.

(B) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal, the license number of every such vehicle, and a brief description of the property damage in such accident.

(C) The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report, but in such event he shall make a report as required by division (A) of this section within 24 hours after regaining ability to make such report. ('63 Code, § 3-6.309) (Ord. 2930, passed 4-17-63)

Any regularly employed and salaried officer of the Police Department of the city may remove or cause to be removed:

(A) Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours;

(B) Any vehicle which is parked or left standing upon a street or highway between the hours of 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by ordinance or resolution of the city and signs are posted giving notice of such removal; (C) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the street or highway or for the installation of underground utilities, or where the use of the street or highway, or any portion thereof, is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway, or any portion thereof, is necessary for the movement of equipment, articles, or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to such removal. ('63 Code, § 3-6.310) (Ord. 2930, passed 4-17-63; Am. Ord. 34-C.S., passed 4-3-65)

Each violation of this Traffic Code expressly declared to be an infraction is punishable by:

(A) A fine not exceeding $100 for the first violation;

(B) A fine not exceeding $200 for the second violation of the same ordinance within one year;

(C) A fine not exceeding $500 for each additional violation of the same ordinance within one year.

('63 Code, § 1-2.07) (Ord. 362-C.S., passed 5-18-82)