Los Banos Municipal Code Ch. 5 Traffic

Note: Sections 4-5.01 through 4-5.03, codified from Ordinance No. 407, amended in their entirety by Ordinance No. 860.

The purpose of this chapter is to set forth laws and policies governing the regulation and enforcement of specific traffic related matters within the City.

(§ 1, Ord. 860, eff. September 18, 1992)

(a) Any person violating any of the provisions of this chapter (except those listed in subsection (b) of this section), shall be deemed guilty of an infraction and shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(b) Any person violating any of the provisions of this Code which involves the standing or parking of a vehicle shall be subject to civil penalties. Penalty amounts and administrative fees will be set by resolution of the City Council.

(§ 1, Ord. 860, eff. September 18, 1992, as amended by § 1, Ord. 870, eff. July 2, 1993)

The words and phrases used in this chapter shall, for the purpose of this chapter, have the meaning respectively described to them in this section or the specific section in which they are used. Whenever words or phrases used herein are not specifically defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.

"City"

means the City of Los Banos.

"Coach"

means any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers.

"Council"

means the City Council of the City of Los Banos.

"Curb"

means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies.

"Divisional island"

means a raised island located in the roadway and separating opposing or conflicting streams of traffic.

Holidays.

Within the meaning of this chapter, holidays are: (1) New Years Day, January 1st; (2) Lincoln's Birthday, February 12th; (3) Washington's Birthday, third Monday of February; (4) Martin Luther King Day, third Monday in January; (5) Memorial Day, last Monday of May; (6) Independence Day, July 4th; (7) Labor Day, first Monday of September; (8) Veteran's Day, November 11th; (9) Thanksgiving Day, fourth Thursday in November; (10) Day after Thanksgiving, fourth Friday of November; and (11) Christmas Day, December 25th.

"Loading zone"

means the space adjacent to a curb reserved for the exclusive use of vehicles during loading or unloading of passengers or materials.

"Official time standard"

means that whenever certain zones are named herein, they shall mean standard time or daylight savings time as may be in current use by the City.

"Parkway"

means that portion of the street other than a roadway or sidewalk.

"Passenger loading zone"

means the space adjacent to a curb reserved for the exclusive use of vehicles during loading and unloading of passengers.

"Police Officer"

means every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violation for traffic regulations.

"Residential district"

means any district established and designated by the Los Banos Zoning Ordinance which has as a primary goal the establishment, stabilization, protection, or maintenance of the residential character of the district. Such districts include but are not limited to Low Density Residential District (R-1), Medium Density Residential District (R-2), High Density Residential (R-3), Mobile Home Park Combining District (T), and those portions of a Planned Development District (P-D) where the land use is consistent with that in any R-zoned district, the density or intensity of such residential use notwithstanding.

"Vehicle Code"

means the Vehicle Code and amendments thereto of the State of California.

(§ 1, Ord. 860, eff. September 18, 1992, as amended by § 1, Ord. 890, eff. December 1, 1995)

It shall be the duty of the Chief of Police to enforce violations of this chapter.

(§ 1, Ord. 860, eff. September 18, 1992)

There is hereby established a Traffic Safety Committee consisting of the following members: A representative of the Public Services Department, Public Works Department, Community Development/Planning Department, Police Department, Fire Department and Planning Commission. The Police Department representative shall be designated Chairperson of the Traffic Safety Committee.

(§ 1, Ord. 860, eff. September 18, 1992, as amended by § 1, Ord. 890, eff. December 1, 1995, § 1, Ord. 925, eff. June 20, 1997, and § 1, Ord. 990, eff. October 16, 2002)

The Traffic Safety Committee shall have the duty of initiating or reviewing all proposals or requests for establishment, modification, elimination, or removal of all traffic control signs, signals, markings, speed zones, prohibited or restricted parking zones, or other such related matters, which fall under the lawful discretionary control of the City. The Traffic Safety Committee shall, after completing appropriate review of a proposal or request, exercise its authority to establish, modify, or eliminate a traffic control sign, marking, speed zone, prohibited or restricted parking zone, or other related traffic device or zone, through adoption by majority vote, of a Traffic Safety Committee resolution.

(§ 1, Ord. 860, eff. September 18, 1992, as amended by § 3, Ord. 890, eff. December 1, 1995)

The Traffic Safety Committee shall meet at City Hall at 2:00 p.m. on the first Tuesday of the following months: January, April, July, October, for the purpose of reviewing traffic related requests and proposals. Further, when deemed necessary by the Committee Chairman or City Manager, the Traffic Safety Committee shall meet in special session. In reaching their decision to establish, modify, or eliminate a traffic control zone or device, the Traffic Safety Committee shall consider the following factors: (1) the likely effects with regard to traffic safety, traffic flow, and nuisance; (2) the guidelines set forth in the State of California Traffic Manual, the specific needs of the community, and the uniqueness of the area being reviewed.

(§ 1, Ord. 860, eff. September 18, 1992)

Whenever an individual disagrees with the decision of the Traffic Safety Committee to establish or deny the establishment, modification, or elimination of a proposed or requested traffic control device or zone, said individual may file a written appeal of a decision with the City Council. The City Council will hear testimony from both the individual filing the appeal and a representative of the Traffic Safety Committee and then render their decision to approve or rescind the Traffic Safety Committee's action. If the decision of the City Council is contrary to the proposed actions of the Traffic Safety Committee, the establishment, modification, or elimination of the traffic control device or zone will be established by resolution.

(§ 1, Ord. 860, eff. September 18, 1992)

The construction and specifications of all traffic control devices shall conform to the Uniform Standards of the California Department of Transportation.

(§ 1, Ord. 860, eff. September 18, 1992)

No person, except when specifically authorized by the City Council or Traffic Safety Committee, shall place any sign, marking or paint on City curbs, sidewalks or streets.

(§ 1, Ord. 860, eff. September 18, 1992)

When such action is deemed necessary in order to safeguard lives, respond to a fire or other emergency, to expedite vehicle or pedestrian movements, or due to special events or circumstances, City police and fire officials may direct traffic as conditions may require; including but not limited to the closure of streets and sidewalks, prohibition of parking, posting of temporary regulatory and advisory signs, or by voice, hand, or other method.

(§ 1, Ord. 860, eff. September 18, 1992)

No person, other than a police or fire official of this City or other governmental body or a person authorized by a police or fire official to do so, shall direct or attempt to direct vehicle or pedestrian traffic. This section is not meant to preclude any person who is attempting to warn vehicles or pedestrians of an accident or other emergency pending arrival of police and fire officials.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall interfere with or obstruct in any way any police officer or other employee of the City in their enforcement of any provision of this chapter. The removal, obliteration or concealment of any chalk mark, light, sign, paint, or other distinguishing marking is prohibited.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall fail or refuse to comply with or perform any action that is required or forbidden by any lawful order, signal, or direction of a City police or fire official or persons authorized to give such directions by police and/or fire officials. When such person is wearing an official insignia issued by the City and is acting in the course of his/her appointed duties.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall traverse or pass a barricade pattern which is erected to regulate traffic, vehicular or pedestrian on any street or sidewalk, nor shall any person move, adjust or remove said barricades.

(§ 1, Ord. 860, eff. September 18, 1992)

Except when such act is permitted by law or is specifically approved by the City Council or a City employee authorized by the City Council to give such approval, no person shall place any cord, rope, barrier, or other such object on or across a City sidewalk, street, alley, or other right-of-way.

(§ 1, Ord. 860, eff. September 18, 1992)

(a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to police, fire, ambulance or other emergency vehicles when responding to or handling emergency calls. The exemption further applies to police and fire vehicles when they are engaged in pursuit, apprehension or surveillance activities.

(b) The provisions of this chapter pertaining to parking or standing of vehicles shall not apply to any vehicle of the City, other governmental agency, or public utility companies when such vehicles are being operated on official business and such parking or standing is necessary to engage in such business.

(c) The foregoing exemptions shall not, however, relieve the operator of any such exempted vehicles from the obligation to exercise due care for the safety of others or the consequences of the operators willful disregard for the safety of others.

(§ 1, Ord. 860, eff. September 18, 1992)

Any Police Officer of the City may remove or cause to be removed:

(a) Any vehicle that is left parked or standing upon a street or highway within the City for 72 or more consecutive hours.

(b) Any vehicle which is left parked or standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the installation of underground utilities, or has been authorized for a purpose other than normal traffic flow, or is necessary for the movement of equipment, articles, vehicles, or structures of unusual size, or is necessary for cleaning, repair, or construction, may be removed from such street or highway or portion thereof, provided that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to this removal.

(c) Any vehicle which has been left parked or standing upon a street or highway when such parking or standing is prohibited by authority of City ordinance or resolution and signs are posted giving notice of such removal.

(§ 1, Ord. 860, eff. September 18, 1992)

For the purpose of this chapter the following curb markings shall have the meanings as herein set forth;

(a) Red: No stopping, standing or parking permitted, except that a bus may stop in a red zone which is marked or signed as a bus zone.

(b) Yellow: No stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for any purpose other than loading or unloading of passengers or materials, provided the loading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than 20 minutes.

(c) White: No stopping, standing or parking for any purpose other than loading or unloading of passengers or deposit of mail in an adjacent mail box, provided the loading or unloading of passengers or the deposit of mail shall not consume more than three minutes. This applies at all times.

(d) Green: No stopping, standing or parking for a period of time longer than 24 minutes, or as is otherwise posted. This applies at all times.

(e) Blue: Parking limited exclusively to the vehicles of physically handicapped persons as described in California Vehicle Code Section 22511.5 and 22511.9.

(§ 1, Ord. 860, eff. September 18, 1992)

Except when it is necessary to stop a vehicle to avoid conflict with other traffic or pedestrians or in compliance with the directions of a police officer, fire department official, or in response to an official traffic control device, no person shall stop, park, or leave standing a motor vehicle:

(a) Within any parkway;

(b) Within any area designated by the City as no parking or restricted parking when legible signs or curb markings are present;

(c) Within any divisional island unless authorized and clearly indicated by appropriate signs or markings;

(d) At any place within 20 feet of a point on the curb immediately opposite the mid-block end of a safety zone, when such place is appropriately marked as a no parking zone;

(e) At any place within 20 feet of a crosswalk at an intersection in any business district when such place is appropriately marked as a no parking zone.

(§ 1, Ord. 860, eff. September 18, 1992)

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours.

(§ 1, Ord. 860, eff. September 18, 1992)

No operator of any vehicle shall park said vehicle upon any street in this City for the principal purpose of advertising or displaying it for sale, unless authorized by resolution of the Council.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this City. Temporary emergency repairs may be made upon a public street.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in this City, when a charge is made for such service.

(§ 1, Ord. 860, eff. September 18, 1992)

When the Traffic Safety Committee or Council has established any street or portion of any street as a diagonal parking zone and when signs or pavement markings are in place indicating such diagonal parking, no person shall park a vehicle except:

(a) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space;

(b) With the front wheel nearest the curb within sixteen (16″) inches of said curb.

(§ 1, Ord. 860, eff. September 18, 1992)

When the Traffic Safety Committee or Council authorizes the installation and maintenance of parking space markings to indicate parking spaces adjacent to curblines where authorized parking is permitted, no person shall stop, stand, or park a vehicle other than within a single space unless the size or shape of such vehicle makes compliance impossible.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall park any vehicle in an alleyway. The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers or freight.

(§ 1, Ord. 860, eff. September 18, 1992, as amended by § 1, Ord. 943, eff. June 19, 1998)

(a) Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street or sidewalk within this City except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed 15 minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.

(b) No person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged or any lunch wagon or eating car or vehicle, on any portion of any street or sidewalk within the City for more than 15 minutes without first obtaining written permission to do so from the City which shall designate the specific location in which such cart shall stand.

(c) No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of persons or property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the City which shall designate the specific location where such vehicle may stand.

(d) Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. The City reserves the right to revoke any permit issued under the provision of this section. Revocations are appealable to the Traffic Safety Committee and then to the Council.

(§ 1, Ord. 860, eff. September 18, 1992)

(a) The City may designate any street or portion thereof as a street the use of which is prohibited by any truck tractor or any vehicle with a gross vehicle weight rating of 10,101 pounds or more.

(b) The provisions of this section shall not apply to busses, recreational vehicles, travel trailers, public utility vehicles, or commercial vehicles making deliveries or pickups on the posted streets.

(c) Once posted, no person shall drive, park, or leave standing any such restricted vehicles on said streets.

(§ 1, Ord. 860, eff. September 18, 1992)

No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such manner as to prevent the use of any street for the purposes of travel for a period of time longer than 10 minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident.

(§ 1, Ord. 860, eff. September 18, 1992)

Nothing in this chapter shall repeal any other ordinances or resolutions relating to traffic, vehicles, parking, streets, or highways.

(§ 1, Ord. 860, eff. September 18, 1992)

Pursuant to California Vehicle Code Section 22357, "Increase of Local Limits" and Section 22358, "Decrease of Local Limits," based on an engineering and traffic survey, prima facie evidence has been made for the declaration and establishment of appropriate speed limits upon streets or portions thereof within the City of Los Banos. Pursuant to such prima facie evidence, the City of Los Banos establishes local speed limits on the following streets or portions thereof as reflected below:

Prima Facie Speed Limit Declared 25 MPH

(§ 1, Ord. 927, eff. June 20, 1997)

Pursuant to California Vehicle Code Section 22357.1, "Decreased Near Children's Playgrounds," and Section 22358.4, "Decreased of Local Limits near Schools or Senior Centers," based on an engineering and traffic survey, prima facie evidence has been made for the declaration and establishment of decreased speed limits upon streets or portions thereof with-in the City of Los Banos. Pursuant to such prima facie evidence, the City of Los Banos established decreased local speed limits on the following streets or portions thereof as reflected below:

Decreased Speed Limit Declared 25 MPH When Children Are Present

(§ 2, Ord. 927, eff. June 20, 1997)

(a) It is unlawful for any person to park or leave standing a recreational vehicle on any roadway within the City except as follows:

(1) Recreational vehicles may be parked on the roadway for the express purpose and only long enough to load, prepare for use, unload or prepare for storage not to exceed 48 consecutive hours subject to the restrictions set forth herein and any other applicable State or local law.

No utility service, cord, or drain shall be connected to the vehicle.

(2) Recreational vehicles owned and operated, or used by persons who reside more than 50 miles from Los Banos, may be parked in residential areas for no more than seven calendar days (or portions thereof) within any 90-day period for the purpose of visiting City residents subject to the restrictions set forth herein and any other applicable State or local law.

(i) The recreational vehicle is self-sufficient in that no utility service, cord, or drain shall be connected to the vehicle, and

(ii) The recreational vehicle shall be parked on the street as close as practical to a street lot line of the dwelling subject to visitation.

(3) Recreational vehicles over six (6′) feet in height shall not be parked within thirty-five (35′) feet of a stop sign or any intersection or in any other location so as to obscure the vision for motorists entering the intersection.

(4) Recreational vehicles shall not be parked on any narrow roadway (less than thirty (30′) feet in width) in a position that reduces the available travel lane to less than fourteen (14′) feet.

(5) Subject to the restrictions set forth herein and any other applicable State or local law, the use of recreational vehicles as a temporary shelter is permitted unless it results in an adverse effect on the health and/or general welfare of users of adjacent or proximate properties.

(b) It is unlawful for any person to park or leave standing a utility trailer on any roadway within the City except as follows:

(1) The utility trailer may be parked on the roadway for the express purpose of and only long enough to load or unload equipment, materials, or debris, or while otherwise actively being used for a project at which the trailer is parked, not to exceed 12 consecutive hours during any 24-hour period.

(2) Utility trailers owned and operated, or used by persons who reside more than 50 miles from Los Banos, may be parked in residential areas for no more than seven calendar days (or portions thereof) within any 90-day period for the purpose of visiting City residents subject to the restrictions set forth herein and any other applicable State or local law.

(3) The utility trailer may be parked on the roadway for the express purpose of accommodating the movement of furnishings, or household goods in conjunction with the relocation of local residents, not to exceed 24 consecutive hours in a 30-day period.

(c) For the purposes of this section, unless otherwise apparent from the context, "recreational vehicle" shall mean any vehicle or trailer designed or modified for habitation or recreational uses including but not limited to: a camp car, camper, motor home, house car, trailer coach, travel trailer, or camping trailer; boat, snowmobile, jet ski, recreational equipment; and any trailer designed or modified for use in transporting boats, motorcycles, jet skis, snowmobiles, horses or other livestock, tents and any other recreational equipment.

(d) For the purposes of this section, unless otherwise apparent from the context, "utility trailer" shall mean a trailer, whether open or enclosed, utilized for hauling equipment, materials or debris or for any similar purpose including but not limited to a utility or box trailer, farm trailer, auxiliary and pull dollies. Tractor trailers/commercial trailers may be parked on City streets for deliveries and pick ups and on truck routes subject to all other restrictions.

(§ 1, Ord. 1008, eff. June 18, 2004)