Article II — TRAFFIC ADMINISTRATION

Cross reference— Police, ch. 22.

(a)

It shall be the duty of the officers of the police department, or such officers as are assigned by the chief of police, to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city.

(b)

Officers of the police department, or such officers as are assigned by the chief of police, are hereby authorized to direct all traffic by voice, hand or signal in conformance with the traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. No person other than an officer of the police department or a person deputized by the chief of police or person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate as provided in this chapter any mechanical pushbutton signal erected by the city traffic engineer. No person shall willfully fail or refuse to comply with any lawful order of a police officer when directing traffic.

(Code 1968, § 16-14)

(a)

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this chapter or the traffic ordinances of the city, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized vehicle when responding to emergency calls.

(b)

No provisions of the state Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws.

(Code 1968, § 16-15)

(a)

The city council may, by ordinance or resolution, find and declare that there are privately-owned and maintained roads as described in the ordinance or resolution within the city that are not generally held open for use of the public for purposes of vehicular travel, but by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of the Fontana Municipal Code to those roads.

(b)

No such ordinance or resolution shall be enacted unless there is first filed with the city clerk a petition requesting it by a majority of the owners of any privately owned and maintained road, or by at least a majority of the board of directors of a common interest development, as defined by the Civil Code § 1351, that is responsible for maintaining the road. The city may require such petitioners to pay a reasonable processing charge, in an amount determined by the city council from time to time. Such processing charge shall not exceed the reasonable cost to the city of processing the petition, including, without limitation, administrative staff time and noticing costs.

(c)

Prior to adopting any such ordinance or resolution, the city council shall first conduct a public hearing thereon. Notice of such public hearing shall be provided at least ten days prior to said public hearing. Such notice shall be provided by first class U.S. mail, postage fully prepaid, or certified mail, return receipt requested. Notice will be deemed given three days following deposit by the city of such notice in the U.S. mail, postage fully prepaid and addressed to the owner of record. Said notice shall be provided to all owners of the road or all of the owners in the development.

(d)

Upon enactment of the ordinance or resolution, the provisions of the California Vehicle Code, including all provisions of the Fontana Municipal Code authorized by the California Vehicle Code, shall apply to the privately owned and maintained road if appropriate signs are erected at the entrance to the road of the size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet, to the effect that the road is subject to the provisions of this Code.

(e)

The city council may impose reasonable conditions and may authorize the owners, or board of directors of the common interest development, to erect traffic signs, signals, markings, and devices that conform to the uniform standards and specifications adopted by the department of transportation.

(f)

As used in this section, "privately owned and maintained roads" includes, without limitation, roads owned and maintained by a city, county or district that are not dedicated to use by the public, or are not generally held open for use of the public for purposes of vehicular travel.

(Ord. No. 1548, § 1, 4-24-07)

Secs. 17-39—17-60. - Reserved.