Chapter 17 — MOTOR VEHICLES AND TRAFFIC

Cross reference— Traffic safety fund, § 10-2; motor vehicle repair or storage in residential zones, § 16-1; use of sound trucks, §§ 18-64, 18-65; vehicle requirements, § 24-41; throwing litter from vehicle, § 24-100; vehicles scattering load or depositing material on street, § 24-101; streets and sidewalks, ch. 25; vehicles for hire, ch. 29.

State Law reference— Uniformity of state traffic laws and applicability to municipalities, Vehicle Code § 21; authority of city to regulate traffic, Vehicle Code § 21100 et seq.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever any words or phrases used in this chapter are not defined in this section, but are defined in the Vehicle Code of this state, such definitions are incorporated in this chapter and shall be deemed to apply to the words and phrases used in this chapter as though set forth in full in this section.

Adjacent business means a business fronting upon or having direct access to a street that has been designated as part of a permit parking zone.

Adjacent government building means a building owned or operated by a local, state or federal government entity for the purpose of conducting government functions.

Adjacent residence means a residential dwelling unit fronting upon or having direct access to a residential street.

Loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Nonresident vehicle means a vehicle operated, stopped or parked by a person whose destination is to a nonresidential location or whose residence, business or employment is not adjacent to the street on which the vehicle is operated, stopped or parked.

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.

Official traffic control devices means all traffic control devices established in accord with Vehicle Code §§ 21400 and 21401. For purposes of this chapter, official traffic control devices shall be deemed to include, without limitation, signs pertaining to special traffic safety zones.

Official traffic control signals are established in accord with Vehicle Code §§ 21400, 21401 and 21450. A traffic signal is an electrically powered traffic control device, other than a barricade warning light or steady burning electric lamp, by which traffic is warned or directed to take some specific action.

Park means to stand or leave standing any vehicle, whether attended or unattended, except temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials in a properly identified loading zone shown by official traffic signs or curb markings, or both.

Parkway means that portion of a street other than a roadway or a sidewalk.

Passenger loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Permit parking zone means certain streets, or portions thereof, which are designated by the city council as a permit parking zone for the benefit of adjacent residences, adjacent businesses or adjacent government buildings, in which zone vehicles may not park unless an authorized permit or placard is displayed thereon or unless such vehicle is otherwise exempt as provided in this chapter.

Special traffic safety zone means a street or portion of a street designated by the city traffic engineer where specific safety problems have been identified through citation records, accident reports, reports from the public or observations by the city traffic engineering staff, or through traffic analysis and review. The street section shall be identified in accordance with Vehicle Code § 21374.

Stop, when required, means complete cessation of movement.

Stopping or standing, or parking, when prohibited, means no person shall stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the places as defined in Vehicle Code §§ 22500 and 22500.1.

Truck traffic routes. Whenever this Code designates and describes any street or portion thereof as a street the use of which is permitted by vehicles exceeding a maximum gross weight limit of five tons, the city traffic engineer is hereby authorized to designate such street by appropriate signs as truck traffic routes for the movement of vehicles exceeding a maximum gross weight limit of five tons.

(1)

When any such truck traffic routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of five tons shall drive on such routes and none other, except when necessary to traverse another street to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this subsection shall not apply to passenger buses under the jurisdiction of the public utilities commission.

(2)

Those streets and parts of streets described in this chapter or any ordinance of the city are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight of five tons.

(Code 1968, § 16-1; Ord. No. 1013, §§ 1, 2, 3-19-91)

Cross reference— Definitions and rules of construction generally, § 1-2.

Except as otherwise provided, any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-7.

(Code 1968, § 16-2)

(a)

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

(b)

The exemptions set out in this section shall not, however, protect the driver of any such vehicle from the consequences of his willful 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 any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail.

(Code 1968, § 16-3)

Cross reference— Ambulances, § 29-206 et seq.

(a)

For purposes of this section, unless otherwise apparent from the context, the following definitions shall apply:

(1)

Animal-drawn vehicle means any cart, platform or other vehicle that is mounted on wheels, rollers, runners or similar devices, that is pulled by any animal.

(2)

Skateboard means a single board, platform or other object mounted on wheels or rollers, which is propelled solely by human power and lacks a handheld steering mechanism.

(3)

Roller skate means a form of skate worn on the foot with four wheels or rollers for self-propulsion.

(4)

Other similar device means a coaster, scooter, toy vehicle or other rolling or wheeled device self-propelled by human, motor or wind power, except for a wheelchair.

(b)

No person shall drive any animal-drawn vehicle into or within a business district.

(c)

No bicycle, moped or motorized bicycle may be ridden, operated, used, parked or left upon any sidewalk.

(d)

No skateboard, roller skate or other similar device may be ridden, operated, used, parked or left upon any sidewalk in any business district.

(e)

No person riding a bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device shall attach the device or himself to any moving vehicle, including, without limitation, an animal-drawn vehicle, automobile, truck, motorcycle, moped, motorized bicycle, bicycle or any other moving vehicle, upon any roadway.

(f)

The use of a bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device shall occur as near to the right side of the roadway as practicable.

(g)

No operator of any bicycle when upon any street shall carry any other person on the bar, handle or tank of any such vehicle; and no other person shall so ride upon any such vehicle.

(h)

No animal-drawn vehicle, bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device shall be used where the volume or speed of vehicular traffic or the width of the roadway renders the roadway unsafe or unsuitable for such use.

(i)

No person shall use or operate an animal-drawn vehicle, bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device in a manner that endangers the safety of any other person or property.

(j)

No person shall ride or operate a bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device in or upon any structure or lot in any commercial district, whether publicly or privately owned, which is designed or used to accommodate the parking of motorized vehicles.

(k)

It shall be unlawful for any person to operate or ride a skateboard, roller skate or other similar device upon any public street, alley, bridge, underpass, sidewalk, sidewalk space, right-of-way, public pedestrian walkway, park, playground, recreation area or other public property in violation of the following restrictions:

(1)

Such use shall not occur upon any street or roadway in any business district.

(2)

Such use shall not occur after sunset or before sunrise.

(3)

Such use shall not occur when approaching or upon the crest of a grade or a curve where the person's view is obstructed within such distance so as to create a hazard from an approaching motor vehicle.

(4)

No more than one person shall operate or ride a skateboard, roller skate or other similar device at one time.

(5)

An operator of a skateboard, roller skate or other similar device shall yield the right-of-way to all vehicular and pedestrian traffic.

(6)

Such use shall occur only while the user is in an upright position.

(7)

Except in an area where a permit has been obtained from the city, the use of ramps, jumps or any other device off the pavement is prohibited; and no person shall perform acrobatics while operating a skateboard, roller skate or other similar device. For purposes of this subsection, the term "acrobatics" shall include jumps, spins, loops, 360-degree turns, handstands or any other movement or trick not essential to the ordinary use of a skateboard, roller skate or other similar device as a transportation device.

(l)

Except as provided in this section, any person riding, operating or using an animal-drawn vehicle, bicycle, skateboard, moped, motorized bicycle, roller skate or other similar device shall be subject to all of the duties applicable to the driver of a vehicle under the Vehicle Code, except those provisions which, by their very nature, can have no application.

(m)

Any device, including, without limitation, an animal-drawn vehicle, bicycle, skateboard, moped, motorized bicycle, roller skate, ramp, jump or any other device, used in violation of any provision of this section or in such a manner as to create a safety hazard or traffic hazard may be seized by the enforcing officer and held by the city pending a determination by the prosecuting attorney that such device is no longer needed for evidentiary purposes. At such time as the prosecuting attorney determines that such device is no longer needed for evidentiary purposes, and subject to impoundment as provided in subsection (n) of this section, the city shall notify the owner or the person from whom the device was seized, or the parent or legal guardian if the owner or person is a minor, that the device may be reclaimed.

(n)

Any person convicted of a first violation of any provision of this section shall be deemed guilty of an infraction and may be punished by a fine not to exceed $100.00, by the impoundment of the offender's device, including, without limitation, an animal-drawn vehicle, bicycle, skateboard, moped, motorized bicycle, roller skate, ramp, jump or any other device, by the police department for a period not to exceed 30 days, or a combination thereof. Repeat offenders may be punished by a fine not to exceed $200.00 for a second violation of this section within one year or $500.00 for each additional violation of this section within one year, by the impoundment of the offender's device for a period not to exceed 90 days, or by a combination thereof.

(Code 1968, § 16-4; Ord. No. 1086, § 30, 8-17-93)

Cross reference— Animals, ch. 4; bicycles, § 17-301 et seq.

(a)

Permit requirements. No person shall conduct a public meeting, assembly, rally, demonstration or parade consisting of 50 or more individuals in or upon a public street, sidewalk, or other public place within the city, or participate in any such function, unless and until a permit to conduct such public meeting, assembly, rally, demonstration or parade has been obtained pursuant to this section 17-5.

(b)

Application for permit; bond. Any person wishing to conduct a public meeting, assembly, rally, demonstration or parade, consisting of 50 or more individuals in or upon a public street, sidewalk, or other public place within the city, shall apply to the city manager for a permit no fewer than 14 calendar days in advance of the proposed public meeting, assembly, rally, demonstration or parade; provided, however, that any person wishing to conduct a public meeting, assembly, rally, demonstration or parade in or upon a public street within the city shall apply to the city manager for a permit no fewer than 90 calendar days in advance of the proposed public meeting, assembly, rally, demonstration or parade if said event requires the closure of any public street within the city. Permit applications shall be made in writing on a special event application form as approved by the city manager requiring the following information and items, all of which shall be required prior to the application being deemed complete:

(1)

The name, address and telephone number of the person applying for the permit. If the permit is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization.

(2)

A statement of the nature or purpose of the proposed use, event or activity.

(3)

The proposed date and the estimated starting and ending time of the proposed use, event or activity.

(4)

The proposed location of any assembly areas, disbanding areas, and route(s) proposed, as well as the detour route(s) proposed for pedestrian and vehicular traffic.

(5)

The type and estimated number of participants, vehicles, and animals, as applicable. The number of participants in each marching unit shall be given and any sound amplifying equipment proposed for use shall be described.

(6)

The proposed location of any booths, stages, or other temporary structures proposed as part of the proposed use, event, or activity including the submittal of plans and other information providing accurate dimensions of all structures, materials and color information, as well as structural and anchoring details.

(7)

The proposed location of any electrical equipment to be used, such as amplifiers and lighting equipment, as well as a description of the type and number of such equipment.

(8)

The proposed location of parking facilities to be used by the event participants.

(9)

Each permit application and permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy and judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.

(10)

The permit application and permit shall provide that the sponsoring entity agrees to be liable to the city for all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. In calculating the departmental service charges, the permittee shall not be responsible for the costs of protecting the permittee and the public from any hostile response to the permitted activity.

(11)

The applicant or sponsoring entity shall provide to the city, in cash, bond (issued by a surety licensed and admitted to conduct surety business within the state) or letter of credit, in an amount determined from the time to time by city council resolution to cover all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. If city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

(c)

Definitions. As used in this section:

City manager means the City of Fontana City Manager or his or her designee.

Demonstration or rally means any planned assembly or rally consisting of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley or public place.

Parade means any planned or spontaneous march or procession of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk or alley or public place.

Public meeting means any planned or spontaneous assembly consisting of persons, animals or vehicles, or combination thereof, upon any public street, sidewalk, alley or public place.

(d)

Conditions.

(1)

No permit shall be issued for the sole purpose of advertising or displaying products, services, or wares by a business establishment or person.

(2)

Events qualifying under the definition of a parade, demonstration or rally shall be limited to a route distance of one and one-half miles.

(3)

Official entries for such events, i.e., floats, marching bands, VIP vehicles, equestrians, etc., shall not exceed 150 units.

(4)

No person shall carry or possess any weapon, nor shall any person use any length of lumber, wood, wood lath, metal or like material or bottles or other objects or materials as a weapon, while on public property or while participating in any parade, demonstration or rally.

(e)

Exemptions.

(1)

Athletic events sponsored by the community services department, i.e., running, walking, bike-a-thons, triathlons, etc. are exempt from the provisions of subsection (d).

(2)

Exempted from this section 17-5 shall be block party permits, which shall be regulated under an appropriate resolution adopted by the city council and establishing guidelines for such activities.

(3)

Any funeral processions.

(4)

Any special event, community/commercial picnic, celebration, parade, service or exercise, or other organized activity held or conducted within a public park or public facility and regulated pursuant to chapter 19, article I of this Code.

(5)

Any co-sponsored events, but only to the extent provided for by city guidelines established for co-sponsorship.

(f)

Processing of permits.

(1)

If a complete application is filed after the filing deadline, the city manager shall immediately investigate to determine if he or she has sufficient time to process the application, to investigate the effects of the proposed use, event or activity on traffic and other conditions, and to obtain police services for such permit. The applicant shall have an opportunity to demonstrate that the circumstances giving rise to the proposed use, event or activity did not reasonably allow the participants to file for a permit within the time prescribed and that imposition of the time limitation would unreasonably restrict the right of free speech. If such a demonstration is made, and the city manager makes none of the findings set forth in subsection (f)(3)b., he or she shall issue a permit despite the lack of 14 calendar days' advance application (or, in the case of events requiring 90 calendar days' advance notice, despite the lack of 90 calendar days).

(2)

The permit application shall be considered complete on the date that the information and security required by this section is provided.

(3)

The city manager shall issue the permit, conditioned upon the applicant's written agreement to comply with the terms of this section and any conditions imposed on the issuance of the permit, unless he or she finds that:

a.

The information contained in the application is false or intentionally misleading or the applicant failed to complete the application after having been notified of additional information that is required.

b.

The activity will endanger public health, welfare or safety for the reasons set forth herein, and reasonable adjustments to the community traffic control, street and property maintenance, or police, fire, or ambulance protection would not alleviate such danger.

An application received prior in time has been approved for the same time and place so close as to cause undue traffic congestion or exceed the ability of the city to provide police and other services for both uses, events or activities.

The time, route, or size of the proposed use, event or activity will substantially and unreasonably interrupt the safe and orderly movement of pedestrian or vehicular traffic in contiguous areas or will disrupt the use of streets or rights-of-way at a time of usual traffic congestion.

The concentration of persons, animals and vehicles, or a combination thereof, for the proposed use, event or activity will prevent proper police, fire or ambulance service to contiguous areas.

The proposed use, event or activity is of a size or nature that requires a diversion of so great a number contiguous area that will prevent reasonable police protection to the remainder of the city.

The location of the proposed use, event or activity will substantially interfere with construction or maintenance work scheduled upon or along the city streets or rights-of-way or will interfere with a previously granted encroachment permit.

The permittee has failed to provide for the services of sufficient monitors to control the orderly conduct of the proposed use, event or activity.

The permittee has failed to provide a reasonable means of informing all of the persons participating therein of the terms and conditions so such permit.

The proposed use, event or activity will result in harm to persons or property.

The preparation for or the conduct of the proposed use, event or activity will unduly impede, obstruct, or interfere with the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area.

(4)

When the grounds for denial of an application can be corrected by altering the date, time, duration, route, location, maximum length, speed, stops permitted, accommodation of other traffic and number and types of vehicles, the city manager shall, instead of denying the application, conditionally approve the application subject to such corrections and conditions. The conditions imposed shall provide only for such modification of the applicant's proposal as are reasonably necessary to comply with subsection (f)(3)b.

(5)

The city manager shall uniformly consider each application upon its merits, and shall not deny any permit based upon political or religious grounds or reasons.

(6)

Within 14 calendar days after the filing of the permit application the city manager shall issue or deny the permit, and shall notify the applicant, in writing, of the action taken. Such service shall be made either by personal service, fax, email or first class mail (postage prepaid). In those instances when issuance or denial occurs three days or less before the proposed use, event, or activity the city manager is authorized to use other reasonable means of notification provided the applicant is provided actual notification.

(7)

If the city manager denies the permit, he or she shall set forth the reasons for denial. The city manager's decision shall be final unless appealed.

(8)

Any applicant may appeal the final decision of the city manager to the city council. Appeals shall be filed with the city clerk within two calendar days after the applicant is served with written notice of the decision. Except as otherwise provided in subsection (f)(3)b.6, failure of any person to receive written notice shall not invalidate same. The city council shall act upon the appeal at the next regularly scheduled city council meeting held more than seven calendar days and less than 14 calendar days after the filing of the appeal. If no such meeting is scheduled, the mayor shall call a special city council meeting to consider and act upon such appeal within 14 calendar days after the filing of such appeal.

(9)

Expedited judicial review of any decision made by the city council made pursuant to section 17-5 may be had pursuant to Code of Civil Procedure § 1094.8.

(g)

Street closure.

(1)

The city manager may authorize the temporary closure of streets or highways for meetings, assemblies, rallies, demonstrations or parades for which a permit has been issued pursuant to this section 17-5.

(2)

Once authorized pursuant to subsection (g)(1), the chief of police or any on-scene peace officer supervisor may cause the closure of such streets and highways as designated by the city manager, as well as additional streets and highways for if such supervisor deems such additional closure necessary in order to ensure safety of persons or property in the area and the orderly flow of traffic.

(h)

Interference.

(1)

No person shall, without the consent of the permittee, join or participate in any parade, public meeting, rally, demonstration or assembly, or in any manner interfere with its progress or orderly conduct.

(2)

Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Code 1968, § 16-5; Ord. No. 1472, § 1, 2-1-05; Ord. No. 1503, § 1, 6-27-06; Ord. No. 1543, § 1, 2-26-07; Ord. No. 1967, § 3(Exh. A), 4-8-25)

Cross reference— Picnics, parades, etc., in parks, § 19-2; streets and sidewalks, ch. 25.

(a)

The driver 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, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade 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 driving or in charge of such vehicle or animal, and the license number of every such vehicle, and shall briefly describe the property damaged in such accident.

(c)

A driver involved in an accident shall not be subject to the requirements of this section or penalties for violation of this section if and during the time such driver is physically incapable of making a report, but in such event the driver shall make a report as required in subsection (a) of this section within 24 hours after regaining ability to make such report.

(Code 1968, § 16-6)

Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor, irrespective of weight, when operated upon any street or highway during the time specified in Vehicle Code § 280, shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the state highway patrol. When any vehicle mentioned in this section or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during any time mentioned in Vehicle Code § 280, a warning signal of the character indicated in this section shall be immediately placed at a distance of approximately 100 feet in advance of and 100 feet to the rear of such disabled vehicle, by the driver thereof. The warning signals mentioned in this section shall be displayed continuously during the times mentioned in such Vehicle Code § 280 while such vehicle remains disabled upon such street or highway.

(Code 1968, § 16-6.1; Ord. No. 1086, § 31, 8-17-93)

The speed limits on the street segments surveyed as shown on exhibit "A" are found to be the most appropriate to facilitate the orderly movement of traffic and are reasonable. The office of the traffic engineer is hereby directed to provide notification to the public through the appropriate official traffic control devices in accordance with municipal code 17-63(a). [Copies of exhibit "A" can be found in city offices, and will be updated by ordinance.]

(Ord. No. 1770, § 1(Exh. A), 9-26-17, eff. 10-26-17)

Secs. 17-9—17-35. - Reserved.

Cross reference— Finance and taxation, ch. 10.

Secs. 17-456—17-480. - Reserved.