Lancaster Municipal Code Ch. 10.32 Private Streets

As used in this chapter, the term "private street" refers only to private streets which are generally held open for use by the public for vehicular travel, which streets have been designated by ordinance enacted pursuant to California Vehicle Code Section 21107.5 or 21107.7, and listed in Section 10.32.080. If any such street later becomes public, the provisions of this chapter shall no longer apply to such street, but all provisions of Title 10 of this code applicable to public streets shall thereafter apply to such street.

(Ord. 786 § 1(E), 2000)

The provisions of the California Vehicle Code, and this chapter, shall apply to the streets described in Section 10.32.010, except where the owner thereof has erected a notice in compliance with Section 21107.5(b) of the California Vehicle Code.

(Ord. 786 § 1(E), 2000)

Any person who drives any vehicle on any private street in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 786 § 1(E), 2000)

A person shall not drive a vehicle upon any private street at a speed greater than fifty-five (55) miles per hour, nor at a speed greater than is reasonable or prudent, having due regard for the traffic on and the surface and width of such private street, and in no event at a speed which endangers the safety of persons or property.

(Ord. 786 § 1(E), 2000)

A. The speed of any vehicle upon a private street not in excess of the limits specified in this section shall be deemed lawful unless clearly proved to be in violation of the basic speed declared in Section 10.32.020.

B. The speed of any vehicle upon a private street in excess of the limits specified in this section shall be deemed unlawful unless not greater than sixty-five (65) miles per hour and the defendant establishes by competent evidence that any said speed in excess of said limits did not constitute a violation of the basic rule declared in Section 10.32.020 at the time, place and under the conditions so existing.

C. Fifteen (15) Miles Per Hour.

1. When traversing a grade crossing of a steam, electric or street railway, if during the last one hundred (100) feet of the approach to such crossing the driver does not have a clear and unobstructed view of such crossing and of any traffic on such railway for a distance of four hundred (400) feet in both directions along such railway. This subdivision shall not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway-crossing signal device is installed but does not then indicate the immediate approach of a railway train or car;

2. When traversing any intersection of the private street with one or more highways or other private streets, or both, if during the last one hundred (100) feet of his approach to such intersection the driver does not have a clear and unobstructed view of such intersection and of any traffic upon all the highways and private streets entering such intersection for a distance of one hundred (100) feet along all such highways and private streets except at a traffic-controlled intersection;

3. This paragraph shall not be deemed to attempt to modify, in any way, the provisions of Section 21804 of the State Vehicle Code.

D. Twenty-five (25) Miles Per Hour.

1. When passing a school building or the grounds thereof contiguous to the private street while children are going to or leaving such school during opening or closing hours or during the noon recess period. This limit also applies when passing any school grounds which are not separated from the private street by a fence, gate or other physical barrier while such grounds are in use by children;

2. In any business or residential district as defined in the State Vehicle Code.

(Ord. 786 § 1(E), 2000)

If either or both subsections A or B of Section 10.32.050 should be held invalid, then, in that event a person shall not drive any vehicle on a private street at speeds greater than specified in subsections C and D of Section 10.32.050.

(Ord. 786 § 1(E), 2000)

A. A person shall not park any vehicle in front of a driveway or in an intersection on a private street which is open to the public.

B. This section does not prohibit any action prohibited by Section 22500 of the Vehicle Code or by any other state law.

(Ord. 786 § 1(E), 2000)