Indio Municipal Code Ch. 70 Traffic Regulations

[1961 Code, § 13.1; Ord. 653]

This title shall be known and may be cited as the “Indio Traffic Ordinance.”

[1961 Code, § 13.2; Ord. 653]

The provisions of this title relating to the operation of vehicles refers exclusively to the operation of vehicles upon highways except where a different place is specifically referred to in a given section.

[1961 Code, § 13.3; Ord. 653; Ord. 684]

(A) When any words and phrases used herein are not defined herein but are defined in the Vehicle Code [of the state] regulating the operation of vehicles, any such definition therein shall be deemed to apply to the words and phrases used herein, except when the context otherwise requires.

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

BICYCLE

Every device propelled by human power upon which any person may ride, having two or three wheels, each of which is 20 inches or more in diameter.

CENTRAL TRAFFIC DISTRICT

All streets and portions of streets within the area described as follows:

HOLIDAYS

The following days are holidays. New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and day after, Christmas Eve Day, Christmas Day, and New Year's Eve Day. If any one of these "holidays" should fall on a Sunday, the following Monday also is a holiday and if it should fall on a Saturday, the preceding Friday is also a holiday.

LOADING ZONE

A space reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

MUNICIPAL PARKING LOT

A lot or parcel of land owned, purchased or leased by the city or in which the city has a possessory right of interest and which is designated as a municipal parking lot for the off-street parking of vehicles.

OFFICIAL TIME STANDARDS

When certain hours are named herein, 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, sidewalk or median.

PASSENGER LOADING ZONE

A place reserved for the exclusive use of vehicles during the loading or unloading of passengers.

POLICE OFFICER

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

STAND or STANDING

The halting of a vehicle whether occupied or not otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

STOP

When required, the term means a complete cessation of movement.

TRAFFIC CONTROL DEVICES WARRANTS

A set of warrants setting out the criteria for the evaluation of the needs for traffic control devices based upon standard traffic engineering principals.

TRAFFIC SIGNAL

Any device, whether manually, electrically or mechanically operated by which traffic is alternately directed to stop and permitted to proceed.

[1961 Code, § 13.6; Ord. 653]

When accidents at any particular location become numerous, the traffic officers shall cooperate with the City Traffic Engineer in conducting studies of those accidents and determining remedial measures.

[1961 Code, § 13.7; Ord. 653]

The Police Department shall maintain a suitable system of filing traffic accident reports. These reports shall be available for the use and information of any member of the Police Department and other city officers and employees interested in effecting the administration of traffic laws and the improvement of traffic conditions.

[1961 Code, § 13.13; Ord. 653]

(A) Every person propelling any pushcart upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title and by the rules of the road portion of the Vehicle Code, except those provisions of the title which, by their very nature, can have no application.

(B) Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title except those provisions of this title which, by their very nature, can have no application.

[1961 Code, § 13.14; Ord. 653]

No person upon roller skates or riding in or by means of any coasters, scooter or any toy vehicle or similar device shall go upon any roadway and/or any sidewalk in the central traffic district.

[1961 Code, § 13.15; Ord. 653]

The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States government, the state, any county or city and it is unlawful for any said driver to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code.

[1961 Code, § 13.16; Ord. 653]

(A) The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police Department or Fire Department, any public ambulance or 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 in the Vehicle Code in response to an emergency call.

(B) The foregoing exemptions shall not protect the driver of any such vehicle from the consequences of his or her willful disregard of the safety of others.

(C) The provisions of Chapter 71 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.

[1961 Code, § 13.17; Ord. 653]

(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, immediately following the incident, make a written report of the accident to the Police Department.

(B) Every report required by division (A) above 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 the vehicle and shall briefly describe the property damage in the accident.

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

[1961 Code, § 13.18; Ord. 653]

When the City Traffic Engineer finds any hedge, shrubbery or tree growing in a parkway obstructs the view of any intersection, or any traffic upon the streets approaching the intersection, he or she shall cause the hedge, shrubbery or tree to be immediately removed or reduced in height.

[1961 Code, § 13.19; Ord. 653]

(A) When any resolution of this city designates privately owned and maintained streets within the city as generally being held open for use by the public for purposes of vehicular travel and which so connect with highways that the public cannot determine that the roads are not highways, the provisions of this title and the Vehicle Code shall apply to any such privately owned and maintained road, except as provided in division (B) below.

(B) Notwithstanding the provisions of division (A) above, no ordinance or resolution enacted thereunder shall apply to any road described therein on which the owner has caused to be erected a notice 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 privately owned and maintained and that it is not subject to public traffic regulations or control.

(C) No ordinance or resolution shall be enacted under division (A) above without a public hearing thereon and ten days' prior written notice to the owner of the privately owned and maintained road involved.

[1961 Code, § 13.45; Ord. 653; Ord. 1076]

The driver of any vehicle shall not drive within any parkway except at a permanent or temporary driveway or on, along or over any equestrian trail or bridge established as such by resolution of the City Council.

[1961 Code, § 13.47; Ord. 653]

No person shall drive a vehicle onto or from any limited access roadway except at the entrances and exits as are established by public authority.

[1961 Code, § 13.48; Ord. 653]

No person shall drive or operate any bicycle, motor-driven cycle or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway, as defined by state law, nor shall any pedestrian walk across or along any such street so designated and described except in space set aside for the use of pedestrians, provided official signs are in place giving notice of the restrictions.

[1961 Code, § 13.50; Ord. 653]

(A) It is unlawful for any person to cause or permit any railway train, railway locomotive, railway cars or like vehicles on rails to operate or be operated in such a manner as to prevent the use of any public street, highway or street crossing for the purpose of travel along, across or upon the public street, highway or street crossing for a time longer than ten minutes, except that this provision shall not apply to any railway locomotive, railway train or railway cars in continuous motion other than those engaged in switching or while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or like vehicle on rails to stop at or near the scene of the accident.

(B) It is unlawful for any person to cause or permit any railway train, railway locomotive, railway cars or like vehicles on rails to operate or to be operated or parked in the control zone of an automatic gate crossing device so as to cause the gate to be closed for a period of more than ten minutes.

[1961 Code, § 13.103; Ord. 653]

No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle while using any sound amplifying or loudspeaking device upon any street or alley at any time within the city except upon permission granted by the City Council.

Subchapter 2. Administration and Enforcement

[1961 Code, § 13.4; Ord. 653]

Traffic administration and control is hereby established in the Police Department and the Chief of that department shall have the right to assign police officers as he or she shall deem necessary to administer and control traffic in accordance with the provisions of this title.

[1961 Code, § 13.5; Ord. 653]

It shall be the duty of the police officers assigned by the Chief of the Police Department to administer and control traffic with aid that may be rendered by other members of the Police Department, to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with all other officers and employees of the city in the administration of traffic laws and in developing ways and means to improve traffic conditions and to carry out those duties specifically imposed upon them by this title.

[1961 Code, § 13.8; Ord. 653; Ord. 1194, 5-1-1996]

(A) The office of City Traffic Engineer is established. The Director of Public Works of the city shall serve as City Traffic Engineer in addition to his or her other functions and shall exercise the powers and duties with respect to traffic as provided in this title.

(B) It shall be the general duty of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the streets and highways of the city and to cooperate with other city officials in the development of ways and means to improve traffic conditions, to determine when standing and parking are prohibited or restricted and to erect appropriate signs or place appropriate markings to indicate what parking is permitted and to carry out the additional powers and duties imposed by ordinances of the city.

(C) The city Traffic Engineer shall have the power to modify, amend or repeal any action he has previously taken when the circumstances make the change necessary to promote the efficient regulation of traffic or parking on city streets.

[1961 Code, § 13.9; Ord. 653]

(A) There is established a Traffic Advisory Committee to serve without compensation consisting of representatives of the Public Works Department, Police Department and Planning Department and shall function under the general direction of the City Manager. The Committee shall select a chairperson from its members and shall have the responsibility for conducting its own business.

(B) It shall be the duty of the Traffic Advisory Committee to coordinate the activities and responsibilities of various departments as related to traffic control, physical design, street maintenance and other areas in order to establish acceptable traffic service; to make recommendations to the legislative body of the city and to the City Traffic Engineer, the Police Chief and other officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations; to study traffic problems and to supervise the preparation and publication of traffic reports.

[1961 Code, § 13.11; Ord. 653]

(A) It shall be the duty of the officers of the Police Department of officers as are assigned by the Police Chief 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 officers as assigned by the Police Chief are authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws; provided, 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.

(C) Officers of the Fire Department, when at the scene of a fire or when, in the course of their duties, they are protecting the personnel or equipment of the Fire Department, may assist the police in directing traffic or may direct traffic if no police personnel are present or available.

[1961 Code, § 13.35; Ord. 653]

The City Traffic Engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at the intersections and the City Traffic Engineer is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

[1961 Code, § 13.36; Ord. 653]

The City Traffic Engineer is authorized to determine those intersections at which drivers of vehicles hall not make a right, left or U turn and shall place proper signs at those intersections. The making of turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when the turns are permitted.

[1961 Code, § 13.37; Ord. 653]

The City Traffic Engineer is authorized to determine those intersections within any business or residence district at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of the prohibition. No driver of a vehicle shall disobey the directions of any such sign.

[1961 Code, § 13.38; Ord. 653]

When any resolution of the city designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof and no such regulations shall be effective unless the signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

[1961 Code, § 13.39; Ord. 653]

When any resolution of the city designates streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, the City Traffic Engineer shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The City Traffic Engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction regardless of the center line of the roadway.

[1961 Code, § 13.40; Ord. 653]

When any resolution of the city designates through streets or designated intersections or other roadway junctions at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the intersection or junction, the City Traffic Engineer shall erect and maintain stop signs, yield signs or other official traffic control devices to give notice thereof.

[Ord. 1523, 1-16-2008]

(A) The City Traffic Engineer is authorized, upon any person's application or to advance a city purpose, to exercise his or her discretion and order the temporary closure of a city street or a portion thereof, to the extent that said closure is necessary for the safety and protection of residents and the general public who will be using the temporarily closed street or portion thereof during a celebration, parade, special event, or other city event, including but not limited to city construction. The City Traffic Engineer shall limit the duration of any temporary street closure to the maximum extent reasonably practicable and shall affect or order an applicant's compliance with the following requirements and conditions as to each temporary street closure.

(1) The city shall provide or ensure that 48 hours notice of the fact and duration of any temporary street closure to all property owners or residents located on each segment of city street subject to temporary closure.

(2) Signs shall be posted 48 hours prior to each temporary closure providing notice of closure to the public. The signs shall comply with Caltrans standards in regard to size of the sign, fonts, and color.

(3) The temporary street closure and all related traffic controls shall conform to applicable requirements of the State of California Work Area Traffic Control Handbook (WATCH); further, city staff shall provide or procure a Traffic Control Plan plainly indicating direction of travel to the satisfaction of the City Traffic Engineer.

(4) Emergency access shall be maintained at all times.

(5) An applicant shall provide 24 hours written notice to the city's Fire and Police Departments prior to the actual commencement of the temporary street closure, and shall provide a second written notice to said departments no more than two hours after all signs and devices reflecting the temporary closure have been removed.

(6) An insurance certificate shall be provided to the satisfaction of the City Risk Manager.

(B) Notwithstanding the City Traffic Engineer's authority hereunder, the City Council may require, on a case-by-case basis, that any particular temporary street closure be subject to City Council consideration and approval, and additional or reduced requirements and conditions.

Subchapter 3. Traffic Control Devices and Markings

[1961 Code, § 13.20; Ord. 653]

(A) The City Traffic Engineer shall place and maintain or cause to be placed and maintained official traffic control devices when and as required under this title and other traffic ordinances of the city to make effective the provisions of this title and those ordinances.

(B) When the Vehicle Code requires, for the effectiveness of any provisions thereof, that traffic control devices by installed to give notice to the public of the application of the law, the City 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.

(C) The City Traffic Engineer may also place and maintain or cause to be placed and maintained additional traffic control devices as he or she may deem necessary to regulate traffic or to guide or warn traffic but he or she shall make the determination only upon the basis of traffic engineering principals and traffic investigations and in accordance with the standards, limitations and rules as may be set forth in this title or other traffic ordinances of the city or as may be determined by ordinance or resolution of the legislative body of the city.

[1961 Code, § 13.21; Ord. 653]

All traffic control signs, signals and devices shall conform to the standards and specifications adopted by the traffic advisory committee consistent with state practices. All signs and signals required or for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic control devices so erected and not inconsistent with the provisions of state law or this title shall be official traffic control devices.

[1961 Code, § 13.22; Ord. 653]

(A) No provision of this title for which official traffic control devices are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

(B) When a particular section does not state that official traffic control devices are required, the section shall be effective even though no devices are erected or in place.

[1961 Code, § 13.23; Ord. 653]

(A) When official traffic control devices are placed in position approximately conforming to the requirements of this title, those devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

(B) Any official traffic control device placed pursuant to the provisions of this title rand purporting to conform to the lawful requirements pertaining to those devices shall be presumed to comply with the requirements of this title, unless the contrary shall be established by competent evidence.

[1961 Code, § 13.24; Ord. 653]

When any resolution of the city designates those locations to be controlled by traffic signals, the City Traffic Engineer is 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.

[1961 Code, § 13.25; Ord. 653]

The City Traffic Engineer is 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.

[1961 Code, § 13.26; Ord. 653]

The City Traffic Engineer is 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 the marking or signs and markings. The marking or signs and markings shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.

[1961 Code, § 13.27; Ord. 653]

(A) No street shall be closed or partially obstructed or detours established without approval of the City Traffic Engineer.

(B) Barriers and signs shall be erected as directed by the City Traffic Engineer and shall be of a type approved by the City Traffic Engineer.

(C) In case of emergency a public utility or department of the city shall be exempt from the provisions of this section.

(D) The driver of any vehicle shall obey the instructions of any barricades or devices erected:

(1) Pursuant to the provisions of any ordinance of the city;

(2) By any public utility;

(3) By any department of the city; or,

(4) By any other person pursuant to law or contract with the city.

(E) No unauthorized person shall move or alter the position of any such barrier or device.

[1961 Code, § 13.28; Ord. 653]

The City Traffic Engineer is hereby authorized:

(A) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his or her opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he or she may deem necessary.

(B) To establish safety zones of the kind and character and at the places as he or she may deem necessary for the protection of pedestrians.

[1961 Code, § 13.29; Ord. 653]

No person, unless authorized by the City Traffic Engineer, shall paint any street or curb surface, including painting of house numbers.

[1961 Code, § 13.29-1; Ord. 684]

The City Council shall adopt a set of standard traffic control devices warrants to be used as a basis to evaluate the need for traffic control devices to be placed and/or installed in or upon the city streets.

[1961 Code, § 13.30; Ord. 653]

The City Traffic Engineer is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this title when he or she shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.

[1961 Code, § 13.31; Ord. 653]

The City Traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or effect, except in those cases where the hours or days are specified in this title.

[1961 Code, § 13.46; Ord. 653]

No person shall ride or drive any animal 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 the pavement or marking or when a sign is in place stating the street or any portion thereof is closed.

Subchapter 4. Speed

[1961 Code, § 13.32; Ord. 653]

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except as this chapter, as authorized by state law, hereby declares and determines upon the basis of an engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice thereof.

[1961 Code, § 13.33; Ord. 653]

(A) Upon the basis of an engineering and traffic investigation, the City Council, by resolution, may decrease maximum speed limits at intersections and outside urban districts and increase limits within urban districts.

(B) Upon the basis of an engineering and traffic investigation, the City Council, by resolution, may determine the maximum speed limits on arterial streets.

(C) Speed limits established pursuant to this section shall be applicable at all or such times as shall be indicated by official traffic control devices.

[1961 Code, § 13.35; Ord. 653]

The City Traffic Engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof.

Subchapter 5. Processions

[1961 Code, § 13.42; Ord. 653]

No driver of a vehicle shall drive between the vehicles comprising a funeral procession while they are in motion. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.

[1961 Code, § 13.43; Ord. 653]

Each driver in a funeral shall drive as near to the right edge of the roadway as practical and shall follow the vehicle ahead as close as practical and safe.

Subchapter 6. Vehicle Size and Weight

[1961 Code, § 13.102; Ord. 653]

(A) The City Traffic Engineer is authorized, upon application in writing and good cause being shown therefor, to issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum in this chapter or the provisions of the Vehicle Code upon any highway under the jurisdiction of the city.

(B) The application for any such permit shall specifically describe the vehicle and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether the permit is requested for a single trip or for continuous operation.

(C) The City Traffic Engineer is authorized to issue or withhold the permit at his or her discretion or, if the permit is issued, to limit the number of trips or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated or otherwise to limit or prescribe conditions of operation of the vehicle when necessary to assure against undue damage to the road foundations, surfaces or structures and may require the undertaking or other security as maybe deemed necessary to compensate for any injury to any roadway or road structure.

(D) Every permit shall be carried on the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit and no person shall violate any of the terms or conditions of the special permit.

Subchapter 7. Traffic on State Highways

[1961 Code, § 13.104; Ord. 653]

When the provisions of this title or any resolution or ordinance of the city delegates authority to a city officer or authorizes action by the City Council to regulate traffic upon a state highway in any way which, by state law, requires the prior approval of the appropriate state officials of the state, no such officer shall exercise the authority nor shall the action by the City Council be effective with respect to any state highway without the prior approval in writing of the Department of Public Works when and to the extent required by the Vehicle Code.

[1961 Code, § 13.105; Ord. 653]

Any provision of this title or of any resolution or ordinance of the city which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the appropriate state officials of the state is required by state law shall cease to be operative six months after receipt by the City Council of written notice of withdrawal of the approval by the Department of Public Works.

Subchapter 8. Transportation of Hazardous Materials

[1961 Code, § 13.106; Ord. 876]

(A) A vehicle transporting a “hazardous material or substance” as identified in Title 49 of the Code of Federal Regulations must be attended at all times by its driver or a qualified representative of the motor carrier that operates it and shall not be parked on any highway, highway shoulder, street, alley, public way or public place or within five feet of the traveled portion thereof, within a residential zone or within 1,000 feet of any school or within 300 feet of any bridge or tunnel, except for brief periods when mechanical or equipment failure or disablement or malfunction of the vehicle or the necessities of operation require the vehicle to be parked and make it impractical to park the vehicle in any other place.

(B) Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery vehicles and vehicles delivering life support and health commodities while servicing residential areas or schools are exempt from provisions of division (A) above. Additionally, the exempt vehicles need not be attended while the drivers are performing duties that are normally and necessarily performed by the operator of the vehicle or the provider of the service.

(C) For the purpose of this section:

(1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake and not in a sleeper berth or is within 100 feet of the vehicle and has it within his or her unobstructed field of view.

(2) A qualified representative of a motor carrier is a person who:

(a) Has been designated by the carrier to attend the vehicle;

(b) Is aware of the nature of the hazardous material or substance contained in the vehicle he or she attends;

(c) Has been instructed on the procedures he or she must follow in emergencies concerning hazardous materials or substances;

(d) Is authorized to move the vehicle and has the means and ability to do so.

(D) The rules of this section do not relieve a driver from any obligation imposed by federal, state or local laws relating to the transportation of hazardous materials or explosives, motor carrier safety regulations or the placement of warning signs or devices when a motor vehicle is stopped on a public street or highway.

[1961 Code, § 13.107; Ord. 876; Ord. 1076]

Any vehicles transporting hazardous materials, the same as have been identified in § 70.120, shall be restricted to the utilization of Interstate 10 in their passage through the city limits.

Subchapter 9. Interstate Trucks

[1961 Code, § 13.110; Ord. 909]

The following words and phrases shall have the meanings set forth and if any word or phrase used in this subchapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code, provided, if any such word or phrase is not defined in the Code, it shall have the meaning attributed to it in ordinary usage.

CALTRANS

The California Department of Transportation or its successor agency.

INTERSTATE TRUCK

A truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the Vehicle Code.

TERMINAL

Any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured.

TRANSPORTATION ENGINEER

The Transportation Engineer of the city or his or her authorized representative.

[1961 Code, § 13.111; Ord. 909]

The purpose of this subchapter is to establish procedures for terminal designation and truck routes designated to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public.

[1961 Code, § 13.112; Ord. 909]

(A) Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form as provided by the city, together with the information as may be required by the Transportation Engineer and appropriate fees to the city.

(B) Upon receipt of the application, the Transportation Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon his or her approval of that designation, he or she will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved without the approval of Caltrans.

(C) Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in § 70.133.

[1961 Code, § 13.113; Ord. 909]

(A) The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

(B) Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall deposit with the city sufficient funds as estimated by the Transportation Engineer to pay for the purpose and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city en route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until the signs as may be required are in place. Costs for trailblazer signs may be proportioned in accordance with the procedures in § 70.134(C).

[1961 Code, § 13.114; Ord. 909]

(A) If all feasible routes to a requested terminal are found unsatisfactory by the Transportation Engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility by the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to it.

(B) When the work is to be done by the city, the applicant shall deposit with the city an estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, as the case may be. When the work is done by the applicant, the applicant may file with the Transportation Engineer, on a form satisfactory to the Transportation Engineer, a statement detailing the actual cost of the retrofitting.

(C) If, at any time within five years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which the retrofitting was accomplished, any such applicants' fee may include that applicant's proportionate share of the retrofitting, as determined by the Transportation Engineer, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this division. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Transportation Engineer required by division (B) above.

[1961 Code, § 13.115; Ord. 909]

The Transportation Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route of if the vehicles cause unsafe driving conditions for other vehicular traffic or pedestrians.

[1961 Code, § 13.116; Ord. 909]

(A) If the Transportation Engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the Transportation Engineer may appeal the decision to the City Council in writing. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Transportation Engineer or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the Transportation Engineer shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Transportation Engineer and his or her decision on the application.

(B) The City Clerk shall make copies of the date provided by the Transportation Engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the City Council.

(C) If CALTRANS and not the Transportation Engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the City Council but must be made to CALTRANS as may be permitted by CALTRANS.

Subchapter 10. Off-Road Use of Vehicles

[1961 Code, § 13.118; Ord. 956]

No person shall drive a motor vehicle on land belonging to or occupied by another without having in his or her immediate possession and, upon request of a peace officer, displaying written permission from the owner of the land his or her agent or the person in lawful possession thereof. This section shall not apply to a person having lawful business with the owner.

[1961 Code, § 13.119; Ord. 956]

This subchapter shall not apply on public or private lands expressly set apart for the use of motor vehicles by or with permission of the owner of the lands pursuant to any zoning permit or other permit or licensing procedure authorized by law. This subchapter shall not apply upon any public highway, public street, public road or public alley.

[1961 Code, § 13.120; Ord. 956]

This subchapter shall not apply to the use of farm vehicles for agricultural purposes, vehicles being used for grading or construction purposes, vehicles being used for governmental purposes or golf carts being used on golf courses.

[1961 Code, § 13.121; Ord. 956]

Nothing in this subchapter shall be deemed to interfere with the right of any government agency to regulate, prohibit or permit the use of motor vehicles on property owned by it or under its control and under its jurisdiction, nor to permit or authorize any trespass or nuisance.

Subchapter 11. Pedestrians

[1961 Code, § 13.51; Ord. 653; Ord. 1094; Ord. 1788, 11-16-2022]

(A) No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk.

(B) A pedestrian shall not be stopped for a violation of division (A) unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.

(C) The provisions of division (B) do not relieve a pedestrian from the duty of using due care for their safety and do not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway.

[1961 Code, § 13.52; Ord. 653; Ord. 1094]

(A) No person shall stand in any roadway other than in a safety zone or in a crosswalk of the action interferes with the lawful movement of traffic.

(B) No person shall stand in any roadway for the purpose of soliciting a ride.

(C) No person shall stand in any roadway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle.

(D) No person shall stand on or in proximity to a roadway for the purpose of soliciting the watching or guarding of any vehicle while parked or guarding of any vehicle while parked or about to be parked on a roadway.

(E) This section shall not apply to any public officer or employee or employee of a public utility when necessarily upon a street in the line of duty.

Subchapter 12. Penalty

[1961 Code, § 13.108; Ord. 1080]

Any person violating any of the provisions of §§ 70.120 and 70.121 shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of those sections is committed, continued or permitted.