Laguna Niguel Municipal Code Art. 2 Traffic Administration

Footnotes:

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Editor's note— Ord. No. 2020-204, § 6, adopted March 3, 2020, amended Art. 2 in its entirety to read as herein set out. Former Art. 2, §§ 7-4-200—7-4-205, pertained to similar subject matter, and derived from Ord. No. 90-11, § 6, adopted March 6, 1990; Ord. No. 96-90, §§ 2—5, adopted April 16, 1996; Ord. No. 2011-164, § 2, adopted Sept. 20, 2011; Ord. No. 2019-198, § 4, adopted Oct. 1, 2019.

Cross reference— Administration generally, tit. 2.

The county sheriff, who provides police services to the city pursuant to a contract between the city and the county, is the agency responsible for traffic control in the city. The State Highway Patrol may incidentally enforce traffic laws in the city in the course of performing its duties with respect to traffic laws on state highways.

(Ord. No. 2020-204, § 6, 3-3-20)

The traffic engineer, under the authority of the director of public works, is hereby charged with the responsibility, under the powers and duties specified in this division, to carry out and review all traffic engineering functions affecting the city.

(Ord. No. 2020-204, § 6, 3-3-20)

(a) General duties. It shall be the general duty of the traffic engineer to determine the installation, design, operation and maintenance of traffic control devices, design and review traffic flow systems and appurtenances, conduct engineering analyses of traffic accidents, devise remedial measures, and conduct engineering and traffic investigations of traffic conditions. The traffic engineer shall also cooperate with the State Highway Patrol, the county sheriff's department, the Orange County Fire Authority, and other agencies as appropriate in the development of ways and means to improve traffic conditions and carry out the additional duties imposed by the ordinances of the city. In the event that the city does not have a designated traffic engineer, the duties set forth in this section may be performed by the director of public works.

(b) Specific duties. The traffic engineer shall have the following authority and specific duties:

(1) The traffic engineer shall have the authority and duty to implement such traffic and parking regulations as necessary or appropriate to facilitate traffic and parking within the city, and to install, modify or remove any traffic devices; provided, further, that where city council approval is required by section 7-4-203 of this chapter, or traffic and transportation commission approval is required prior to implementation, such approval shall be obtained prior to implementation and enforcement. Traffic and parking regulations implemented by the traffic engineer shall be consistent with governing law, including the California Vehicle Code and provisions of this code, and consistent with any direction of the city council or the traffic and transportation commission.

(2) The traffic engineer shall have the authority to issue parking permits, including residential parking permits and guest parking permits, as authorized by this title.

(3) The traffic engineer, without the approval of the traffic and transportation commission or city council, shall have the authority to install and replace informational signs, directional signs, lane striping, and traffic warning signs, as distinguished from traffic control signs.

(4) The traffic engineer shall be responsible for posting such other signs as directed by the traffic and transportation commission and city council.

(5) Traffic and parking regulations shall not be implemented or enforced until the appropriate signs are properly posted.

(c) Emergency powers. Subject to the provisions of subdivision (d) of this section, the traffic engineer shall have the following powers when he or she finds that an emergency condition exists threatening the public health and safety:

(1) The power to temporarily close streets.

(2) The power to install traffic control signs.

(d) Expiration of emergency powers. Upon the expiration of the emergency as specified in subdivision (c), the traffic engineer shall reopen the closed streets, remove the traffic control signs, or take both such actions, unless the city council authorizes the continuance of such temporary street closures or installation of the traffic control signs.

(Ord. No. 2020-204, § 6, 3-3-20)

City council action shall be required by ordinance or resolution to implement any traffic regulation only when an ordinance or resolution is specifically required by state law. For purposes of example, but not an exclusive list, the following items require city council action prior to implementation: 1) the establishment of crosswalks between intersections; 2) the establishment of bicycle lanes separated from any vehicular lanes upon highways, other than state and county highways; 3) the determination and declaration of a prima facie or maximum speed limit; 4) the adoption of rules and regulations on the designation of any intersection as a stop intersection; 5) the designation of specific street segments for time limited parking zones, including, but not limited to, time or day restrictions or one-hour, two-hour, or other time limitations; and 6) the temporary closing of a portion of any street for celebrations, parades, local special events, and other purposes. Notwithstanding any provision to the contrary, city council approval shall also be required for the designation of any street for use by vehicles having a gross weight, including the vehicle and its load, in excess of three tons.

(Ord. No. 2020-204, § 6, 3-3-20)

The city has formed a traffic and transportation commission. The provisions that provide for its membership, duties and operations are found in article 7 of division 3 of title 2 of this Code, commencing with section 2-3-46. The traffic and transportation commission shall review and make recommendations to the city council on all traffic related matters which are listed in that article.

(Ord. No. 2020-204, § 6, 3-3-20)

Automated traffic enforcement systems, as that term is used in California Vehicle Code § 21455.5, shall not be installed on any city street or highway that is within the jurisdiction of the city.

(Ord. No. 2020-204, § 6, 3-3-20)