Fresno Municipal Code Art. 18 Traffic Regulations in Mall, Alleys in the Mall Area and Service Areas

(a) VEHICLES PROHIBITED. No person shall operate or park any vehicle other than the following on any of the mall streets described herein:

(1) Emergency vehicles.

(2) Pedes-trains authorized by the Council.

(3) Post office vehicles while being used to pick up and deliver United States mail to locations that cannot be reached at other service areas.

(4) Vehicles on display when such has been approved by the Council by resolution.

(5) Construction vehicles and equipment, between the hours of 9:00 p.m. and 9:00 a.m. only, while being used in construction and demolition operations on buildings adjacent to mall streets.

(6) Public vehicles or public utility vehicles or equipment while engaged in construction or maintenance on a mall.

(7) Maintenance vehicles and equipment, between the hours of 9:00 p.m. and 9:00 a.m. only, while being used to maintain buildings and facilities that cannot be reached from other service areas.

(8) Delivery vehicles between the hours of 9:00 p.m. and 10:00 a.m. only, while being used to deliver goods to locations that cannot be reached from other service areas; provided that during the week before Easter, the week before the Fresno public schools open in the fall, and the month of December, such delivery vehicles shall make deliveries between the hours of 9:00 p.m. and 9:00 a.m. only.

(9) Self-propelled wheelchairs or invalid tricycles while being operated by persons who by reason of physical disability are unable to move about as pedestrians, subject to the permission of the Chief of Police, who shall determine the fact of such disability and who shall allow such use only upon conditions reasonably calculated to protect pedestrian traffic on mall streets.

(10) Bicycles.

(11) Bicycle taxis, designed to carry passengers for fare.

(b) No person shall operate or park on any mall in the City any vehicle or equipment which will mark, stain or damage a mall structure or the surface of a mall, by wheel marks, the dripping of oil, or any other means.

(c) Any person operating or causing the operation of any equipment or vehicles which damage a mall or surface of a mall or any fixtures or appurtenances in a mall shall be responsible for replacing or repairing the same to the satisfaction of the City, and upon failing to do so, shall be responsible to the City for the cost thereof.

(d) The vehicular use of mall streets at any time other than as expressly permitted herein shall be subject to the permission of the Chief of Police, who shall allow such use only at times and on any conditions reasonably calculated to protect the mall surfaces, fixtures, appurtenances and pedestrian traffic therein.

(e) The enforcement of this section shall be the responsibility of the Chief of Police.

(f) The following are mall streets:

Mariposa Mall—between the northeast curb line of "O" Street and the southwest curb line of "P" Street, between the northeast curb line of "M" Street and the southwest curb line of "N" Street, between the northeast curb line of the Fulton-Van Ness Alley and the southwest curb line of Van Ness Avenue.

Kern Mall—between the southwest curb line of Fulton Street and the Broadway-Fulton Alley.

(g) The following are Historical Mall Streets:

Fulton Street—between the southeast curb line of Tuolumne Street and the northwest curb line of Inyo Street.

Merced Street—between the Fulton-Van Ness Alley and the Broadway-Fulton Alley.

Mariposa Street—between the northeast curb line of Broadway and the Broadway-Fulton Alley and between the Broadway-Fulton Alley and the northeast curb line of the Fulton-Van Ness Alley.

Kern Street—between the Fulton-Van Ness Alley and Fulton Street.

(Rep. and Added Ord. 6130, 1962; Am. Ord. 6572, 1965; Am. Ord. 6947, 1967; Am. Ord. 75-91, § 2, eff. 10-5-75; Am. Ord. 2006-74, § 2, eff. 7-22-06; Ord. No. 2008-58, § 1, eff. 11-2-08; Am. Ord. 2014-16, §§ 5, 8, eff. 4-18-14).

(a) CERTAIN VEHICLES PROHIBITED. No person shall operate or park any vehicle, other than authorized emergency vehicles, commercial vehicles, or pedes-trains authorized by the Council by resolution, on the alleys in the historical mall area listed in subsection (d), except for the purpose of ingress to or egress from private parking spaces adjacent to such alley.

(b) METHOD OF PARKING. No person shall park a vehicle within the alleys listed in subsection (d) in such a manner or under such conditions as to leave available less than ten feet of width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle in such a position as to block any loading entrance to any abutting property.

(c) TIME LIMITS. Permission is herein granted to park such vehicles in the alleys listed in subsection (d) for the purpose of loading and unloading materials, but only for the time necessary therefor and in no event for more than thirty minutes, unless the materials loaded or unloaded exceed two and one-half tons, in which event twelve minutes shall be allowed for the loading or unloading of each ton of materials. The Chief of Police by special permit may authorize the parking of vehicles for longer periods for the following purposes:

(1) Construction vehicles and equipment while being used in actual construction and demolition operations.

(2) Maintenance vehicles and equipment while being used in connection with maintenance of buildings abutting such alley or the facilities installed in such alley.

(d) LIST OF ALLEYS IN THE HISTORICAL MALL AREA:

Congo Alley between Inyo and Tuolumne;

Federal Alley between Inyo and Tuolumne.

(Rep. and Added Ord. 6130, 1962; Am. Ord. 2014-16, § 6, eff. 4-18-14).

Editor's note— Ord. 2014-16, § 1, effective April 18, 2014, amended the Code by repealing former § 14-1803 in its entirety. Former § 14-1803 pertained to vehicles in mall service areas, and derived from Ord. 6130 of 1962.

The regulations prescribed by this article shall not be effective as to any street, alley or service area described in this article until the mall thereon or adjacent thereto has been established and installed.

(Rep. and Added Ord. 6130, 1962).

No person shall roller skate or ride on skateboards or operate any device having metal tread wheels on any street designated as a mall street, pursuant to the provisions of this Code.

(Added Ord. 6505, 1964).

No person shall sell, vend or peddle any food, drinks or merchandise on the Mall Streets or the Historical Mall Streets as defined in Section 14-1801(g), including by means of a stand, wagon, pushcart, handcart, bicycle, motorized cart or other vehicle, or from a basket or other container carried on the person, unless that person is a Mall Street Concessionaire and is prominently displaying on their person or vehicle a city-issued official badge or sign designating them as being approved by the Director of Parks and Recreation as a Mall Street Concessionaire. A person may become a Mall Street Concessionaire by execution of an agreement approved by the Director of Parks and Recreation.

For purposes of Mall Street Concessionaires operating in a Mall Street, as defined in Section 14-1801(f), the concession agreement shall be in a form approved by the Director of Parks and Recreation and may be approved so long as the Director determines that the agreement will improve the pedestrian mall by either being necessary or convenient to the operation of the pedestrian mall or necessary or convenient to serve members of the public using the pedestrian mall. Any process to issue or revoke a concession agreement adopted by the Director of Parks and Recreation for vendors operating in a Mall Street shall be in compliance with due process and all State and Federal laws protecting against unlawful discrimination.

For purposes of Mall Street Concessionaires operating in a Historical Mall Street, as defined in Section 14-1801(g), the concession agreement shall be in the form of an encroachment agreement issued by the Public Works Director under rules and procedures adopted by the Public Works Director. The encroachment permit shall specify the location where vending is permitted under the permit. The City shall charge no more for the encroachment permit than the City's reasonable costs in administering, managing and enforcing the permit and the City's reasonable costs to improve and maintain that area of the historical mall street (and improvements therein) that provide a benefit to the vendor. The permit shall include an indemnity agreement in a form approved by the City Attorney and the Risk Manager and the permittee shall provide proof of insurance in a form approved by the City Attorney and the Risk Manager. Any process to issue or revoke a permit adopted by the Public Works Director for vendors operating in a Historical Mall Street shall be in compliance with due process and all State and Federal laws protecting against unlawful discrimination.

(Added Ord. 2003-67, § 33, eff. 8-31-03; Am. Ord. 2014-16, § 7, eff. 4-18-14).