Gilroy Municipal Code Art. I In General

The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section:

Generally.

Whenever any words or phrases used in this chapter are not defined in this section, but are now defined in the State Vehicle Code, such definitions are incorporated in this section and shall be deemed to apply to such words and phrases used in this section as though set forth in this section in full.

“Bus”

shall mean any motorbus, motor coach, trackless coach, or passenger stage used as a common carrier of passengers.

“Central traffic district”

means Monterey Street between Second Street and Eighth Street.

“Cruising”

is defined as the repetitive driving of a motor vehicle past a traffic control point designated by a peace officer, under conditions in which traffic is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, three or more times within a two-hour period, after having driven past said control point twice within the same period and having been given adequate written notice during or after the first or second passing that passing the control point a third time under the conditions stated herein shall constitute a violation of section 15.15.

“Holiday”

means any day designated as such in sections 6700 to 6707 of the Government Code of the state; provided, however, that Saturday afternoon shall not be considered a holiday for the purpose of this chapter.

“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.

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 signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

“Official traffic signals”

means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

“Park”

means to stand or leave standing any vehicle, whether occupied or not, otherwise engaged in loading or unloading passengers or materials.

“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.

“Police officer”

means every officer of the city police department.

“School zone”

means all street sections directly adjacent to, and extending five hundred (500) feet beyond, the boundaries of a public or private school providing instruction in kindergarten and/or grades one (1) through twelve (12), or any grades included therein.

“Stop,”

when required, means complete cessation of movement.

“Stop or stand,”

when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

“Traffic”

means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel.

(Ord. No. 480, §§ 15, 57; Ord. No. 93-19, § 1, 9-7-1993; Ord. No. 2012-11, §§ 1, 2, 8-6-2012)

No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated.

**State law references—**Authority to regulate processions, Veh. C.A 21100.

(Ord. No. 480, § 33)

No person shall drive any animal-drawn vehicle into or within the central traffic district.

(Ord. No. 480, § 65; Ord. No. 941, § 3, 11-15-1971)

Any person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway.

**State law references—**Riding on vehicles on prohibited portions of vehicle, Veh. C.A., § 21712.

(Ord. No. 480, § 34)

The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway.

**State law references—**Stopping, standing or parking on sidewalks, Veh. C.A., § 22500; pedestrian’s right of way on sidewalks, Veh. C.A., § 21952.

(Ord. No. 480, § 35)

No person shall ride or drive any animals or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking when a sign is in place stating that the street or any portion thereof is closed.

(Ord. No. 480, § 36)

Editor’s note: Repealed by Ord. No. 941, § 1, 11-15-1971.

(a) No motor vehicle shall be connected to utilities or used for the purpose of human habitation within the city except for the same to be located and maintained within a trailer or recreational vehicle park as provided in the city’s zoning ordinance.

(b) For purposes of this section, “motor vehicle” shall mean a motor vehicle as defined by the California Vehicle Code section 415, and shall also include recreational vehicles as defined by the California Vehicle Code sections 242, 243, 643, 415(b) and Health and Safety Code section 18010(a), which includes any travel trailer, camper, motor home or trailer, or any camper shell or boat.

(c) For purpose of this section, “human habitation” means the use of a motor vehicle for living, cooking or sleeping purposes or as a dwelling place.

(d) This section shall not apply to motor vehicles that are located and maintained within a permitted trailer or recreational vehicle park as provided in the city’s zoning ordinance.

(e) This section shall not apply to motor vehicles parked for temporary visitation purposes for a period not to exceed seventy-two (72) consecutive hours and not for more than one (1) occasion during any thirty-day period. Said motor vehicles shall not exceed eighteen (18) feet in length, shall be parked entirely on residential private property, shall be fully contained and must not require any electrical or plumbing hookups to the residential structure.

(f) In the event that any motor vehicle is placed on, located or allowed to stand in any place in the city in violation of the provisions of this section, or is used for any purpose in violation of this section, a city police officer shall give the motor vehicle owner written notice of the violation and that if the illegal use of the motor vehicle is not corrected within seventy-two (72) hours, that the city police officer may impound each motor vehicle and cause the same to be taken to an approved storage facility or impound area. The expense of towing such motor vehicle to such facility or impound area and the storage of same, as herein provided, shall be paid by the person or persons owning and/or operating such motor vehicle prior to its release.

(g) Any person, persons, firm or corporation violating any provisions of this section, is guilty of a misdemeanor.

(Ord. No. 99-16, § I, 9-20-1999; Ord. No. 2005-01, § I, 1-18-2005)

Editor’s note: Repealed by Ord. No. 941, § 1, 11-15-1971.

Editor’s note: Ord. No. 98-7, § 1, adopted April 20, 1998, repealed former § 15.10 in its entirety which pertained to the prohibition of U-turns on Monterey Street and derived from Ord. No. 480, § 27; Ord. No. 529, § 1; Ord. No. 667, §§ 1, 2.

Upon recommendation of the city engineer or chief of police, and when based on an engineering and traffic survey, the council may by resolution determine and declare speed limits for designated streets different from those otherwise applicable under Vehicle Code sections 22349 and 22352. Each special speed limit shall be effective, and no person shall operate a vehicle in excess thereof, when appropriate signs designating the applicable speed are erected and maintained upon each street or portion thereof where each special speed limit is applicable.

(Ord. No. 512, §§ 1, 2; Ord. No. 810, § 1, 11-20-1967; Ord. No. 75-10, 6-16-1975; Ord. No. 78-15, § 1, 5-15-1978)

The city administrator is hereby directed to cause the signs described in the preceding section to be placed and erected in accordance with the provisions of section 15.11.

(Ord. No. 512, § 3)

No person shall board or alight from any vehicle when such vehicle is in motion.

(Ord. No. 480, § 67)

No-cruising zones in the city shall be established from time to time by a resolution of the city council.

(Ord. No. 93-19, § II, 9-7-1993)

Cruising in no-cruising zones designated pursuant to section 15.14 shall constitute an infraction. Every person convicted of an infraction shall be punished as follows:

(a) For a first infraction, by a fine not exceeding one hundred dollars ($100.00).

(b) For a second infraction occurring within one (1) year of a prior infraction which resulted in a conviction, a fine not exceeding two hundred dollars ($200.00).

(c) For a third or any subsequent infraction occurring within one (1) year of two (2) or more prior infractions which resulted in a conviction, a fine not exceeding two hundred fifty dollars ($250.00).

Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three (3) or more violations of this ordinance [sections 15.14—15.16] within the twelve-month period immediately preceding the commission of the offense, and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Every person convicted of a misdemeanor shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 93-19, § II, 9-7-1993)

Section 15.15 shall not apply to the following vehicles: emergency vehicles on patrol, taxicabs for hire, and other business vehicles being driven solely for business purposes.

(Ord. No. 93-19, § II, 9-7-1993)

§ 15.17. through § 15.19. (Repealed)

(Repealed by Ord. No. 914, § 1, 11-15-1971)