Milpitas Municipal Code Ch. 100 Traffic

This Chapter is enacted as a Revision of Chapter 100 Title V (Health & Safety) of the Milpitas Municipal Code.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not exceeding six months, or by a fine of not to exceed five hundred dollars, or by both such fine and imprisonment.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

1.03-1 Whenever this Chapter 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 law requires the prior approval of the Department of Public Works, no such officer shall exercise such authority nor shall such 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 Division 9 and Division 11 of the Vehicle Code.

1.03-2 Any provision of this Chapter which regulates traffic or delegates the regulation of traffic upon State highways in any way for which the approval of the Department of Public Works is required by law, shall cease to be operative six months after receipt by the City Council of written notice of withdrawal of approval of the Department of Public Works. Immediately upon the effective date of such revocation, the City Clerk shall enter upon the original copy of this Chapter a notification of such withdrawal.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

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.

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

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

As used herein, the term "Chief Police Officer" shall mean the Chief of Police of the City of Milpitas.

(Ord. 43.64, 12/12/69; Ord. 43.4, 10/16/56; Ord. 43, 6/7/55)

Within the meaning of this Chapter, holidays are the following:

A. January 1st

B. The third Monday in February

C. March 31st, known as "Cesar Chavez Day"

D. The last Monday in May, known as "Memorial Day"

E. July 4th

F. The first Monday in September, known as "Labor Day"

G. November 11th known as "Veteran's Day"

H. Thanksgiving Day

I. The Friday after Thanksgiving Day

J. December 24th

K. December 25th

(Ord. No. 43.213, § 2, 1/18/22; Ord. 43.103, 1/2/79; Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

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

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

All signs, signals, markings and devices as authorized in this Chapter and/or the California Vehicle Code or the California Manual of Traffic Control Devices shall be placed or erected consistent with the California Vehicle Code or the California Manual of Traffic Control Devices by authority of a public body or official having jurisdiction for the purposes of promoting safety and efficiency by providing orderly movement of all users on streets, bikeways, and pedestrian paths open to public travel.

(Ord. No. 43.213, § 3, 1/18/22; Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

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.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

To stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

That portion of a street other than a roadway or a sidewalk.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

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

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

Any person afoot.

(Ord. 43.64, 12/12/69; Ord. 43, 6/7/55)

Every natural person, firm, copartnership, association or corporation.

Every officer of the Police Department of this City.

When required means complete cessation of movement.

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.

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

3.01-1 There are conferred upon the City Manager those powers and duties necessary for the administration of this Chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such officers and employees of the City as may be required to assist him or her in carrying out the intent and purpose of this Chapter.

3.01-2 It shall be the duty of the officers of the Police Department and/or other authorized City officers to enforce all street traffic laws of this City and all of the State vehicle laws applicable to street traffic in this City.

3.01-3 Officers of the Police Department and/or other authorized City officers are hereby authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that 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.

3.01-4 Officers of the Fire Department, in the course of their duties at the scene of a fire, may direct or assist the police in directing traffic.

(Ord. No. 43.213, § 4, 1/18/22)

It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this Chapter.

No person shall willfully fail or refuse to comply with any lawful order of a police officer or Fire Department official when directing traffic. NOTE: I-1-4.09-3.3 makes a violation of Section V-100-3.03 of this Chapter a misdemeanor.

No person other than an officer of the Police Department or a person deputized by the Chief of Police Officer or person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except, that persons may operate when and as herein provided any mechanical push-button signal erected by order of the City Council.

The provisions of this Chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, any county or city and it shall be unlawful for any said driver to violate any of the provisions of this Chapter except as otherwise permitted in this Chapter or by State statute.

3.06-1 The provisions of this Chapter regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the Police 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.

3.06-2 The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his willful disregard of the safety of others.

3.06-3 The provisions of this Chapter 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.

3.07-1 The driver of 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 within 24 hours after such accident make a written report of such accident to the Police Department of this City.

3.07-2 Every such report 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 such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident.

3.07-3 A driver involved in an accident shall not be subject to the requirements or penalties of this Section if and during the time such driver is physically incapable of making a report, but in such event said driver shall make a report as required in Subsection V-100-3.07-1 within 24 hours after regaining ability to make such report.

All acts of the City Manager or designee required or authorized by the provisions of this Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this City.

4.01-1 Reserved.

(Ord. No. 43.213, § 5, 1/18/22; Ord. 43.139, 7/16/85; Ord. 43, 6/7/55)

4.02-1 The City Manager or designee shall place and maintain or cause to be placed and maintained official traffic control devices when and as required under the traffic ordinances of this City to make effective the provisions of said ordinances.

4.02-2 Whenever the Vehicle Code of this State requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the City Manager or designee is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.

4.02-3 The City Manager or designee may also place and maintain such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic upon the basis of traffic engineering principles and traffic investigation.

4.02-4 The City Manager or designee shall maintain schedules of all official traffic control devices in electronic format.

(Ord. No. 43.213, § 6, 1/18/22)

No provision of the Vehicle Code or of this Chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws.

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this Chapter of this City unless otherwise directed by a police officer subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls.

4.05-1 The City Manager or designee shall 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.

4.05-2 The City Manager or designee shall ascertain and determine the locations where such signals are required by resort to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Manual of Uniform Traffic Control Devices for streets and highways promulgated by The American Association Streets and Highways Officials and Public Roads Administration.

4.05-3 Whenever the City Manager or designee installs and maintains official traffic signals at any intersection, the City Manager or designee shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any said intersection.

(Ord. No. 43.213, § 7, 1/18/22)

The City Manager or designee is hereby 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.

(Ord. No. 43.213, § 8, 1/18/22)

Whenever the State Department of Public Works determines by resolution and designates a distinctive roadway marking which shall indicate no driving over such marking, the City Manager or designee is authorized to designate by such marking 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 such marking or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.

(Ord. No. 43.213, § 9, 1/18/22)

The City Manager or designee is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this Chapter whenever the City Manager or designee shall determine in any particular case that the conditions which warranted or required the installations no longer exist or obtain.

(Ord. No. 43.213, § 10, 1/18/22)

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

(Ord. No. 43.213, § 11, 1/18/22)

All acts of the City Manager or designee required or authorized by the provisions of this Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this City.

(Ord. No. 43.213, § 12, 1/18/22)

5.02-1 The City Manager or designee is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the City Manager or designee is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns.

5.02-2 When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

(Ord. No. 43.213, § 13, 1/18/22)

The City Manager or designee is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such 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 such turns are permitted.

(Ord. No. 43.213, § 14, 1/18/22)

When authorized signs are erected indicating that no right or left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

The City Manager or designee is hereby 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 such prohibition. No driver of a vehicle shall disobey the directions of any such sign.

(Ord. No. 43.213, § 15, 1/18/22)

Editor's note— Ord. No. 43.213, § 16, adopted January 18, 2022, amended the Code by repealing former § V-100-5.06, which pertained to specific turning movements prohibited at specific places, and derived from the original Code.

Whenever the City Manager designates any one-way street or alley, the City Manager or designee shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such 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.

(Ord. No. 43.213, § 17, 1/18/22)

Whenever the City Manager designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the City Manager or designee shall erect and maintain stop signs as follows:

A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the California Vehicle Code.

(Ord. No. 43.213, § 18, 1/18/22)

Editor's note— Ord. No. 43.213, § 19, adopted January 18, 2022, amended the Code by repealing former § V-100-7.02, which pertained to stops at through streets or stop signs, and derived from the original Code.

The driver of a vehicle emerging from an alley, driveway or building, shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley way.

7.04-1 Whenever the City Manager designates and describes any approach to an intersection of streets or highways (which are not through streets or highways), as one at which yield right-of-way signs shall be erected, the City Manager or designee shall erect and maintain at said approach, a Yield Right-of-Way sign.

7.04-2 Every Yield Right-of-Way sign shall conform with and be placed as provided in the California Vehicle Code.

7.04-3 Reserved.

(Ord. No. 43.213, § 20, 1/18/22)

7.05-1 Whenever the City Manager designates and describes any entrance as "entrance only" and designates and describes any exit as "exit only", the City Manager or designee shall erect and maintain at said entrance and at said exit an "Entrance Only" sign and an "Exit Only" sign.

7.05-2 Reserved.

(Ord. No. 43.213, § 21, 1/18/22)

7.06-1 Whenever the City Manager designates and describes the intersection of any public street with any alley or private driveway as one at which a stop sign should be posted, the City Manager or designee shall erect and maintain at the intersection of said public street and alley or private driveway, the stop sign which shall stop traffic upon said public street. The purpose of this Subsection is to provide stop signs upon public streets at the intersection of said streets with alleys or private driveways in such special circumstances where conditions are hazardous to traffic, and a stop sign on said street is necessary for the safety of persons traveling on said street, or upon said alley or private driveway. Nothing herein contained, however, shall be deemed or construed to repeal or amend Subsection V-100-7.03 of this Chapter.

7.06-2 Reserved.

(Ord. No. 43.213, § 22, 1/18/22)

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

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.

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

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 stating that the street or any portion thereof is closed.

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

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 Section 332 of the Vehicle Code, 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 such restrictions.

9.01-1 The City Manager or designee shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway.

9.01-2 Reserved.

(Ord. No. 43.213, § 23, 1/18/22)

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.

No person shall stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This Section shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in line of duty.

9.04-1 Whenever the City Manager restricts pedestrian travel to marked or constructed walkways in subways, tubes and tunnels or upon bridges or viaducts, the City Manager or designee shall erect appropriate signs giving notice thereof.

9.04-2 When signs have been posted restricting pedestrian travel as herein provided, no person shall stand or walk other than on the designated walkway.

9.04-3 Reserved.

(Ord. No. 43.213, § 24, 1/18/22; Ord. 43.66, 10/6/70)

No person shall loiter in a median within a city street or other city-maintained thoroughfare. "Loiter" for the purposes of this section shall mean to linger or remain within the median strip for any purpose, including panhandling, other than to stop to allow traffic to pass in order to cross the street. For the purposes of this section, "median strip" means a non-landscaped, paved, planted, or otherwise landscaped strip of ground dividing a street or highway into lanes according to the direction of travel. This section shall not apply to authorized public officers or employees, or employees of a public utility when necessary to enter upon the street and/or median strip in the line of duty.

(Ord. No. 43.211, § 2, 6-2-09)

10.01-1 The provisions of this Chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

10.01-2 The provisions of this Chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code or the ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

10.01-3 Whenever in this Section 10, any act otherwise prohibited or made or is declared to be unlawful, or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of any such provision of Section 10 shall not be considered a crime, but rather a civil penalty which the person subject to citation under the provisions of Section 17 shall be obligated to pay.

(Ord. 43.182 (part), 3/5/96; Ord. 43.172 (part), 6/15/93; Ord. 43.64, 12/2/69; Ord. 43 (part), 6/7/55)

No person shall stop, stand or park a vehicle within any parkway.

(Ord. 43.64, 12/2/69; Ord. 43 (part), 6/7/55)

10.03-01 No person who owns or has possession, custody or control of any vehicle shall park said vehicle upon any street or alley for more than a consecutive period of 72 hrs.

10.03-2 In the event a vehicle is parked or left standing upon a street or alley in excess of a consecutive period of 72 hours, any member of the Police Department authorized by the Chief Police Officer may remove said vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code.

(Ord. 43.64, 12/2/69; Ord. 43 (part), 6/7/55)

No person shall park a vehicle upon any roadway for the principal purpose of:

10.04-1 Displaying such vehicle for sale.

10.04-2 Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.

(Ord. 43.64, 12/2/69; Ord. 43 (part), 6/7/55)

10.05-1 Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

10.05-2 In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking.

10.05-3 The Chief Police Officer is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way street or when standing or parking may be permitted upon the left-hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.

(Ord. 43.64, 12/2/69; Ord. 43 (part), 6/7/55)

10.06-1 Whenever the City Manager designates and describes any street or portion thereof upon which angle parking shall be permitted, the City Manager or designee shall mark or sign such street indicating the angle at which vehicles shall be parked.

10.06-2 When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

10.06-3 Reserved.

(Ord. No. 43.213, § 25, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

Editor's note— Ord. No. 43.213, § 26, adopted January 18, 2022, amended the Code by repealing former § V-100-10.07, which pertained to permits for loading or unloading at an angle to the curb, and derived from Ord. 43, adopted June 7, 1955; and Ord. 43.64, adopted December 2, 1969.

10.08-1 The City Manager or designee is hereby authorized to erect signs indicating no parking upon either side of any street adjacent to or opposite any school property when such parking would, in his opinion, interfere with traffic or create a hazardous condition.

10.08-2 When official signs are erected indicating "no parking" upon either side of a street adjacent to or opposite any school property, or "no parking" upon either side of a street between certain hours on certain days, no persons shall park a vehicle in any such designated place.

(Ord. No. 43.213, § 27, 1/18/22; Ord. 43.133, 4/17/84; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

10.09-1 The City Manager or designee is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of the street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet.

10.09-2 When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.

(Ord. No. 43.213, § 28, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

The City Manager or designee shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any of said places.

10.10-1 At any place within 20 feet of a point on the curb immediately opposite the mid-block end of a safety zone.

10.10-2 Within 25 feet of the approach to any traffic signal, boulevard stop sign, or official electrical flashing device.

10.10-3 At any place where the City Manager or designee determines that it is necessary in order to eliminate dangerous traffic hazards.

10.10-4 Reserved.

(Ord. No. 43.213, § 29, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs 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 within this City, except that such vehicles, wagons or push-carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten 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.

10.11-2 Application

(a) The provisions of V-100-10.11-5 shall be applicable to any vehicle, wagon or push-cart, to which V-100-10.11-1 applies.

(b) The provisions of this Section V-100-10.11 shall not apply to mobile food vehicles as defined in Chapter XIII-E.4.

(Ord. No. 38.858, § 13, 9/2/25; Ord. No. 38.845, § 4, 6/21/22; Ord. No. 43.213, § 30, 1/18/22; Ord. 43.139, 7/16/85; Ord. 43.132, 1/19/84; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

10.12-1 Whenever the Chief Police Officer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the Chief Police Officer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the Chief Police Officer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the Chief Police Officer shall cause such signs to be removed promptly thereafter.

10.12-2 When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.

(Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Section 25300 of the Vehicle Code shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district within this City and upon which street or highway where there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during any time mentioned in Section 25300 of the Vehicle Code, a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of such disabled vehicle, by the driver thereof. The warning signals herein mentioned shall be displayed continuously during the times mentioned in Section 25300 while such vehicle remains disabled upon such street or highway.

(Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property.

10.14-1 The owner or person in lawful possession of any private property in accordance with the provisions of California Vehicle Code Section 22658 may cause the removal of any unlawfully parked vehicle when signs prohibiting public parking are posted in plain view at all entrances to the property. These signs shall be at least 24 inches in width and 18 inches in height, shall include the current Police Department's business telephone number, and shall indicate that vehicles will be removed at the owner's expense, and may indicate that a citation may be issued.

10.14-2 In addition to any notice or information required pursuant to California Vehicle Code Section 22658, the owner or person in lawful possession of any private property causing the removal of a vehicle parked on that property shall, upon request, provide a police office or the owner of the vehicles to be removed, or both, with the name of the towing company and the time it was called. For purposes of this subsection, "owner of the vehicle" includes an individual driving the vehicle with the express or implied permission of the registered vehicle owner.

If a tow vehicle has not arrived within 45 minutes after being contacted by the owner or person in lawful possession of any private property, or any agent of same, the Police Department is authorized to cancel the tow and issue a citation to the owner of the vehicle to be removed. For purposes of this Subsection, "owner of the vehicle" has the meaning defined in Subsection 10.14-1.

(Ord. 43.176(B), 6/21/91; Ord. 43.130, 10/4/83; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

10.15-1 Whenever the City Manager determines that the orderly, efficient conduct of the City's business requires that parking or standing of vehicles on City property be prohibited, limited or restricted, the City Manager shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.

10.15-2 When signs authorized by the provisions of this Subsection are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs, and any vehicle parked in violation of such signs may be towed to a public storage garage at the expense of the owner of such vehicle; or the Police Department may, and it is granted authority to, issue a citation in the usual form and manner for any violation of the prohibition, limitation or restriction indicated by such signs or for any violation of the provisions of this Subsection.

10.15-3 No person shall park or stand any vehicle exceeding 20 feet in length on any City-owned parking lot except for the loading or unloading of materials or passengers as permitted by Section V-100-11.03 of this Chapter.

10.15-4 Reserved.

10.15-5 Reserved.

(Ord. No. 43.213, § 31, 1/18/22; Ord. No. 309, § 6, 1/19/21; Ord. 43.147, 6/2/87; Ord. 43.144, 11/18/86; Ord. 43.65, 5/5/70; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

Whenever the City Manager or designee determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, the City Manager or designee is hereby authorized to set aside a space on the street not more than 36 feet in length for the parking of bicycles during such hours of such days as are found by him to be best suited for the accomplishment of the purposes set forth in this Section. When a bicycle parking zone is so established, the City Manager or designee shall cause appropriate signs to be posted there at during such hours, giving notice that parking of other vehicles is prohibited. No person shall stop, stand or park any other vehicle in front of such zone while such signs are in place.

(Ord. No. 43.213, § 32, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

Pursuant to Vehicle Code 22511.7, the following places are designated as parking spaces for the exclusive use of vehicles which display distinguishing license plate or a placard issued pursuant to Vehicle Code 22511.5 or to disabled veterans as specified in Vehicle Code 9105 provided that said places shall be indicated by blue paint on the curb or edge of the paved portion of the street or curb adjacent to the space and provided, further, that the space is additionally indicated by a sign on the pavement or adjacent to the space which discloses by either words or commonly accepted symbols that said parking space is for disabled persons.

.1

Designated stalls in the parking lot in front of Milpitas City Hall adjacent to the main entrance.

(Ord. 43.112, 6/16/81; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

11.01-1 The City Manager is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:

(a) At any place in any business district.

(b) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.

11.01-2 In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.

11.01-3 Deleted by Ord. 43.140.

11.01-4 Deleted by Ord. 43.140.

(Ord. No. 43.213, § 33, 1/18/22; Ord. 43.140, 9/17/85; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

11.02-1 The City Manager or designee is hereby authorized, subject to the provisions and limitations of this Chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth.

(a) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

(b) Yellow shall mean 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 the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than 20 minutes.

(c) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers or depositing mail in an adjacent mailbox which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays and except as follows:

(1) When such zone is in front of a hotel or adjacent mailbox the restrictions shall apply at all times.

(2) When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed.

(d) Green shall mean no standing or parking for longer than 20 minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays.

(e) Blue indicates parking limited exclusively to vehicles of physically handicapped persons.

11.02-2 When the City Manager or designee as authorized under this ordinance has caused curb marking to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.

(Ord. No. 43.213, § 34, 1/18/22; Ord. 43.140, 9/17/85)

11.03-1 Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not, extend beyond the time necessary therefor, and in no event for more than 20 minutes.

11.03-2 The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States mail.

11.03-3 Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor, and in no event for more than three minutes.

11.03-4 Within the total time limits above specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted.

11.03-5 Deleted by Ord. 43.140, 9/17/85.

No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Subsection V-100-11.03.

No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Subsection V-100-11.03.

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley.

11.07-1 The City Manager or designee is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses of common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.

11.07-2 The word "bus" as used in this section shall mean any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.

11.07-3 No bus zone shall exceed 80 feet in length, except that when satisfactory evidence has been presented to the City Manager or designee showing the necessity therefor, the City Manager or designee may extend bus zones not to exceed a total length of 125 feet.

11.07-4 Bus zones shall normally be established on the far side of an intersection.

11.07-5 No bus zone shall be established opposite and to the right of a safety zone.

11.07-6 The City Manager or designee shall paint a red line stencil with white letters "NO STANDING", together with the words "BUS ZONE" upon the top or side of all curbs and places specified as a bus zone.

11.07-7 No person shall stop, stand or park any vehicle except a bus in a bus zone.

11.07-8 Reserved.

11.07-9 Reserved.

(Ord. No. 43.213, § 35, 1/18/22)

11.08-1 Whenever the City Manager designates and describes any portion of any street as a mail deposit zone, the City Manager or designee shall place a white marking on the curb within said zone in accordance with the provisions of Subsection V-100-11.02 hereof.

11.08-2 Reserved.

(Ord. No. 43.213, § 36, 1/18/22; Ord. 43, 6/7/55)

Whenever the City Manager designates and describes any street or portion thereof as time limited parking, the City Manager or designee shall erect and maintain parking restriction signs.

(Ord. No. 43.213, § 37, 1/18/22)

Whenever the City Manager designates and describes any street or portion thereof as prohibited parking, the City Manager or designee shall erect and maintain parking restriction signs as follows:

A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the California Vehicle Code.

(Ord. No. 43.213, § 38, 1/18/22)

The City Manager or designee is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.

When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.

(Ord. No. 43.213, § 39, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

12.05-1 Whenever the City Manager designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the City Manager or designee is hereby authorized to designate such street or streets by appropriate signs as "Truck Traffic Routes" for the movement of vehicles exceeding a maximum gross weight limit of three tons.

12.05-2 When any such truck traffic route or routes are established and designated by appropriate signs the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other except that nothing in this Section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a "Truck Traffic Route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.

12.05-3 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utilities Commission, or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.

12.05-4 Reserved.

(Ord. No. 43.213, § 40, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

12.06-1 Whenever the City Manager designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Manager or designee shall erect and maintain appropriate signs on those streets affected by such ordinance.

12.06-2 The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission.

12.06-3 The provisions of this Section shall not apply to house cars or camper-type pickup trucks provided the same are not designated, maintained or classified or required to be licensed as "commercial vehicle" under the provisions of the California Vehicle Code.

(Ord. No. 43.213, § 41, 1/18/22; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

12.07-1 Whenever the City Manager designates and describes any street or portions thereof as a street the use of which is prohibited by any vehicle exceeding a maximum gross weight limit of 4 tons, the City Manager or designee shall erect and maintain appropriate signs as necessary to adequately provide notice of the prohibition.

12.07-2 Reserved.

12.07-3 The provisions of this Section shall not apply to any commercial vehicle having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.

12.07-4 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utility Commission or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility or (iii) any vehicle owned or operated by a City Department 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.

12.07-5 The provisions of this Section shall not apply to the bridge at Old Alviso-Milpitas Road over Coyote Creek just north of Highway 237 which lies partly in the County of Santa Clara and partly within the City of Milpitas, which shall have a maximum limit of 10 tons.

"The provisions of this Section shall not apply to non-commercial recreational vehicles or trailers, including boat and utility trailers, having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of parking, loading, or unloading said recreational vehicle or trailer on said restricted street."

(Ord. No. 43.213, § 42, 1/18/22; Ord. 43.195(2), 12/7/99; Ord. 43.159 (B), 6/5/90; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

Nothing contained in this section pertaining to weight limits shall be construed to prohibit any vehicle, registered as a commercial vehicle with the Department of Motor Vehicles of the State of California and using pneumatic tires, from hauling agricultural crops from property, or material, supplies and equipment into property over a street, if said street is the only means of ingress or egress to or from the property, so long as said property remains agricultural in use.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

12.09-1 Pursuant to the authority contained in the California Vehicle Code, any vehicle parked or left standing in violation of the provisions of this Chapter upon any street, portion thereof, in any parking lots or designated areas adjacent to or at a City Park, may be removed therefrom and stored by order of any police officer, provided signs are in place giving notice of said removal. (See Section 22651 CVC.)

12.09-2 Notice of said removal and storage shall be in accordance with the provisions of the California Vehicle Code and with the provisions of this Chapter.

12.09-3 Said removal shall be made by a tow-truck operator selected by said officer from a list of tow-truck operators designated by the Chief Police Officer of the City pursuant to the provisions of this Chapter.

12.09-4 Said storage shall be made in a garage or place of safety (hereafter designated as "place of storage") selected by said officer from a list of places of storage designated by the Chief Police Officer of the City pursuant to the provisions of this Chapter which shall be nearest to the place where said vehicle was unlawfully parked or standing.

12.09-5 The Chief Police Officer may designate one or more tow-truck operators and one or more public garages or other places of safety for the removal of and storage of vehicles. Said designation shall be at the discretion of the Chief Police Officer, and without liability on his part; in making said designation, the Chief Police Officer shall give consideration to the following:

(a) Location;

(b) Financial responsibility of operator;

(c) Police record, if any, of operator or employees;

(d) Accident record, if any, of operator or employees;

(e) Bailee and public liability insurance coverage of operator;

(f) Reasonableness of charges;

(g) Equipment used in towing;

(h) Structure in which vehicle will be stored;

(i) Absence of dangerous practices in towing and absence of dangerous practices at place of storage.

12.09-6 The Chief Police Officer, in his sole discretion, shall be empowered to refuse designation or to remove any place of storage or tow-truck operator from designation at any time and without notice as he shall deem to be in the best interests of the City of Milpitas. No operator of any place of storage or tow-truck shall acquire any vested interest in any designation by the Chief Police Officer nor any right to selection for services to be performed; any designation or selection shall be only in aid of the proper and economical enforcement of the law with the least inconvenience, expense and danger to the City and the public, and, shall not constitute a franchise.

12.09-7 The Chief Police Officer shall be empowered to adopt reasonable regulations for the enforcement of this Subsection, including, but not limited to, regulations requiring any operator of any place of storage or tow-truck who desires designation to show evidence of continuing financial and insurance responsibility.

12.09-8 Nothing herein contained shall be deemed to impose any liability upon the City, its officers or employees for any act or omission hereunder.

(Ord. No. 309, § 7, 1/19/21; Ord. 43.85, 10/15/74; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle between the hours of 9:00 p.m. and 6:00 a.m. of any day on any street or portion thereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V-100-11.03 hereof.

(Ord. No. 43.213, § 43, 1/18/22; Ord. 43.74, 2/20/73; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

12.11-1 When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any street or portion thereof when use of said street or portion thereof is necessary for the cleaning, repair or construction of said street or portion thereof, for the installation of underground utilities, for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size.

12.11-2 Any vehicle parked in violation of the provisions of this Section may be removed pursuant to the provisions of this Chapter and to the provisions of Chapter 10, Division 11 of the California Vehicle Code (Sections 22650-22856) provided signs giving notice that such vehicles may be removed are erected or placed at least twenty-four hours prior to said removal.

(V-100-12.11-1 and 12.11-2, Ord. 43.85, 10/15/74; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle at any time of any day on any street or portion thereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V-100-11.03 hereof.

(Ord. No. 43.213, § 44, 1/18/22; Ord. 43.92, 9/7/76; Ord. 43.64, 12/2/69; Ord. 43, 6/7/55)

When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on any of the streets or portions thereof facing onto a City Park for a period of time in excess of three hours between the hours of 6:00 a.m. and 10:00 p.m. of any day.

(Ord. No. 309, § 7, 1/19/21; Ord. 43.104, 6/5/79; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

12.14-1 When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle on any of the streets or portions thereof and during the hours posted on authorized signs.

12.14-2 Any vehicle on which is displayed a valid parking permit, as provided for herein, shall be permitted to be parked on such street without being limited by time restrictions established in Section 12.14-1.

12.14-3 Vehicle permits required under Section 12.14-2 shall be issued by the Police Department in accordance with the provisions of this section and in compliance with such administrative procedures as may be required by the Chief of Police. One permit may be issued for a vehicle which may otherwise be legally parked, owned, or under the control of, a resident of property adjacent to a street within the restricted parking area.

12.14-4 Permits shall be valid until the vehicle is sold or the permittee ceases to be resident of the restricted parking area; at such time the permit will be void and shall be removed from the vehicle. No permit issued hereunder shall be transferred or sold. Replacement permits for vehicles which are sold will be issued without charge upon surrender of the old permit.

12.14-5 The Chief of Police may issue temporary parking permits.

12.14-6 The provisions of this Section shall not apply to any disabled person or disabled veteran whose vehicle displays either a distinguishing license plate or distinguishing placard issued in accordance with the California Vehicle Code.

(Ord. No. 43.213, § 45, 1/18/22; Ord. 43.185 (B), 4/1/97; Ord. 43.115, 12/1/81; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Pursuant to California Vehicle Code Section 22507, no person shall stop, stand or park any vehicle which is six feet or more in height (including any load thereon) within 100 feet of any intersection, and when authorized signs are erected giving notice thereof, on certain streets or highways, or portions thereof, during all hours of the day.

(Ord. 43.206 (1), 4/3/07; Ord. 43.154, 12/20/88)

When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle on any City Park or portions thereof for a period of time in excess of three hours between the hours of 6:00 a.m. and 10:00 p.m. of any day.

(Ord. No. 309, § 7, 1/19/21)

No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall operate any train or trains of cars, or permit the same to remain standing, so as to block the movement of traffic upon any street for a period of time longer than five minutes.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Any hedge, shrubbery or tree growing in a parkway which obstructs the view of any intersection or any traffic upon the streets, approaching such intersection is hereby declared to be a public nuisance, and the Chief Police Officer shall cause the hedge, shrubbery or tree to be removed or reduced in height.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall operate a vehicle contrary to the directions or provisions of any barrier or sign erected: (a) pursuant to the provisions of any ordinance of the City of Milpitas, or (b) by any public utility, or (c) by any department of the City of Milpitas, or (d) by any person pursuant to law or contract with the City, nor shall any unauthorized person move or alter the position of any such barrier or sign.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

The Chief of Police shall be empowered to temporarily close a portion of any street for celebrations, parades, local special events and other purposes pursuant to the provisions of Vehicle Code Section 21101(e) when in the opinion of the Chief of Police such closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. The Chief of Police shall be empowered to require that a lane be kept clear for emergency vehicles, that the closing not interfere with through traffic and to impose such other reasonable conditions as are necessary for the safety and protection of persons.

(Ord. 43.73, 12/19/72; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and sign-posting of said streets as through highways and (or) by reason of widely spaced intersections, and it is herby declared that the prima facie speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:

(Ord. No. 43.210, § 1.A, 1-6-09; Ord. 43.202 (B), 12/6/05; Ord. 43.199 (B), 10/21/03; Ord. 43.198 (B), 12/3/02; Ord. 43.188 (2), 1/19/99; Ord. 43.173 (B), 9/21/93; Ord. 43.170 (B), 3/16/93; Ord. 43.162 (B), 7/16/91; Ord. 43.160 (B), 9/4/90; Ord. 43.156, 7/18/89; Ord. 43.153 (B), 12/6/88; Ord. 43.149 (B), 10/27/87; Ord. 43.139, 7/16/85; Ord. 43.134, 8/7/84; Ord. 43.127, 7/19/83; Ord. 43.114, 10/20/81; Ord. 43.109, 7/15/80; Ord. 43.105, 10/2/79; Ord. 43.83, 6/18/74; Ord. 43.77, 9/4/73; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such street and it is hereby declared that the prima facie speed limit shall be herein set forth or parts of streets here designated when signs are erected giving notice thereof.:

(Ord. No. 43.210, § 1.B, 1-6-09; Ord. 43.208 (1), 6/5/07; Ord. 43.205 (1), 1/2/07; Ord. 43.203 (B, C), 3/7/06; Ord. 43.202 (C, D), 12/6/05; Ord. 43.201 (B), 10/18/05; Ord. 43.200 (B), 4/20/04; Ord. 43.199 (C), 10/21/03; Ord. 43.198 (C), 12/3/02; Ord. 43.196 (2) (A), 11/6/00; Ord. 43.188 (3), 1/19/99; Ord. 43.187 (B), 9/1/98; Ord. 43.184 (B), 2/4/97; Ord. 43.183 (B), 12/3/96; Ord. 43.170 (C), 3/16/93; Ord. 43.162 (C), 7/16/91; Ord. 43.156 (C), 7/18/89; Ord. 43.151 (B), 6/8/88; Ord. 43.149 (C), 10/27/87; Ord. 43.145 (B), 2/3/87; Ord. 43.142 (B), 7/15/86; Ord. 43.141, 12/17/85; Ord. 43.139, 7/16/85; Ord. 43.136, 11/6/84; Ord. 43.135, 8/7/84; Ord. 43.133, 4/17/84; Ord. 43.131, 12/10/83; Ord. 43.127, 7/19/83; Ord. 43.126, 4/19/83; Ord. 43.123, 10/5/82; Ord. 43.114, 10/20/81; Ord. 43.109, 7/15/80; Ord. 43.106, 2/19/80; Ord. 43.105, 10/2/79; Ord. 43.99, 9/20/77; Ord. 43.83, 6/18/74; Ord. 43.76, 8/7/73; Ord. 43.68, 5/18/71; Ord. 43.67, 1/5/71; Ord. 43.66, 10/6/70; Ord. 43.64, 12/2/69; Ord. 43)

Editor's note— Ord. No. 43.213, § 46, adopted January 18, 2022, amended the Code by repealing former § V-100-14.04, which pertained to regulation of speed by traffic signals, and derived from Ord. 43, adopted May 7, 1955; Ord. 43.64, adopted December 2, 1969; Ord. 43.70, adopted December 21, 1971; Ord. 43.76, adopted August 7, 1973; Ord. 43.90, adopted July 15, 1975; Ord. 43.93, adopted December 7, 1976; Ord. 43.102, adopted November 7, 1978; Ord. 43.111, adopted May 19, 1981; Ord. 43.114, adopted October 20, 1981; Ord. 43.119, adopted March 2, 1982; Ord. 43.130, adopted October 4, 1983; Ord. 43.131, adopted December 20, 1983; Ord. 43.133, adopted April 17, 1984; Ord. 43.136, adopted November 6, 1984; Ord. 43.138, adopted March 5, 1985; Ord. 43.139, adopted July 16, 1985; Ord. 43.141, adopted December 17, 1985; Ord. 43.143, adopted November 4, 1986; Ord. 43.145, adopted February 3, 1987; Ord. 43.148, adopted July 21, 1987; Ord. 43.149, adopted October 27, 1987; Ord. 43.150, adopted February 2, 1988; Ord. 43.157, adopted October 18, 1989; Ord. 43.161, adopted May 21, 1991; Ord. 43.164, adopted December 3, 1991; Ord. 43.168, adopted February 2, 1993; Ord. 43.171, adopted June 15, 1993; Ord. 43.174, adopted February 1, 1994; Ord. 43.177, adopted September 20, 1994; Ord. 43.180, adopted December 5, 1995; Ord. 43.184, adopted February 4, 1997; Ord. 43.186, adopted June 16, 1998; Ord. 43.187, adopted September 1, 1998; Ord. 43.193, adopted August 17, 1999; Ord. 43.196, adopted November 6, 2000; and Ord. 43.198, adopted December 3, 2002.

V-100-15.21 Private roads open for public use

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Editor's note— Ord. No. 43.213, § 47, adopted January 18, 2022, amended the Code by repealing former § V-100-15.01, which pertained to one way streets, and derived from Ord. 43, adopted May 7, 1955; Ord. 43.64, adopted December 2, 1969; and Ord. 43.66, adopted October 6, 1970.

Editor's note— Ord. No. 43.213, § 48, adopted January 18, 2022, amended the Code by repealing former § V-100-15.03, which pertained to stop intersections, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.65, adopted May 5, 1970; Ord. No. 43.66, adopted October 6, 1970; Ord. No. 43.67, adopted January 5, 1971; Ord. No. 43.68, adopted May 18, 1971; Ord. No. 43.69, adopted August 11, 1971; Ord. No. 43.70, adopted December 21, 1971; Ord. No. 43.71, adopted July 18, 1972; Ord. No. 43.76, adopted August 7, 1973; Ord. No. 43.86, adopted November 5, 1974; Ord. No. 43.88, adopted January 7, 1975; Ord. No. 43.94, adopted April 5, 1977; Ord. No. 43.96, adopted June 7, 1977; Ord. No. 43.99, adopted September 20, 1977; Ord. No. 43.106, adopted February 19, 1980; Ord. No. 43.107, adopted March 18, 1980; Ord. No. 43.108, adopted May 6, 1980; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.111, adopted May 19, 1981; Ord. No. 43.113, adopted July 21, 1981; Ord. No. 43.114, adopted October 20, 1981; Ord. No. 43.116, adopted January 5, 1982; Ord. No. 43.117, adopted January 19, 1982; Ord. No. 43.119, adopted March 2, 1982; Ord. No. 43.120, adopted April 20, 1982; Ord. No. 43.122, adopted August 3, 1982; Ord. No. 43.123, adopted October 5, 1982; Ord. No. 43.125, adopted February 1, 1983; Ord. No. 43.126, adopted April 19, 1983; Ord. No. 43.127, adopted July 19, 1983; Ord. No. 43.130, adopted October 4, 1983; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.134, adopted August 7, 1984; Ord. No. 43.135, adopted August 7, 1984; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.137, adopted January 2, 1985; Ord. No. 43.138, adopted March 5, 1985; Ord. No. 43.139, adopted July 16, 1985; Ord. No. 43.140, adopted September 17, 1985; Ord. No. 43.141, adopted December 17, 1985; Ord. No. 43.143, adopted November 4, 1986; Ord. No. 43.148, adopted July 21, 1987; Ord. No. 43.149, adopted October 27, 1987; Ord. No. 43.150, adopted February 2, 1988; Ord. No. 43.152, adopted September 6, 1988; Ord. No. 43.155, adopted April 4, 1989; Ord. No. 43.157, adopted October 18, 1989; Ord. No. 43.158, adopted January 2, 1990; Ord. No. 43.164, adopted December 3, 1991; Ord. No. 43.166, adopted May 19, 1992; Ord. No. 43.168, adopted February 2, 1993; Ord. No. 43.171, adopted June 15, 1993; Ord. No. 43.174, adopted February 1, 1994; Ord. No. 43.177, adopted September 20, 1994; Ord. No. 43.179, adopted October 3, 1995; Ord. No. 43.184, adopted February 4, 1997; Ord. No. 43.186, adopted June 16, 1998; Ord. No. 43.187, adopted September 1, 1998; Ord. No. 43.193, adopted August 17, 1999; Ord. No. 43.194, adopted November 2, 1999; and Ord. No. 43.196, adopted November 6, 2000.

Editor's note— Ord. No. 43.213, § 49, adopted January 18, 2022, amended the Code by repealing former § V-100-15.04, which was reserved for schedule pursuant to V-100-7.02-3.

Editor's note— Ord. No. 43.213, § 50, adopted January 18, 2022, amended the Code by repealing former § V-100-15.05, which pertained to angle parking on certain streets, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.66, adopted October 6, 1970; Ord. No. 43.188, adopted January 19, 1999; and Ord. No. 43.210, adopted January 6, 2009.

Editor's note— Ord. No. 43.213, § 51, adopted January 18, 2022, amended the Code by repealing former § V-100-15.06, which pertained to limited parking time on certain enumerated streets, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.81, adopted January 2, 1974; Ord. No. 43.142, adopted July 15, 1986; Ord. No. 43.151, adopted June 8, 1988; Ord. No. 43.198, adopted December 3, 2002; Ord. No. 43.207, adopted April 3, 2007; Ord. No. 43.209, adopted May 6, 2008; and Ord. No. 43.212, adopted September 3, 2019.

Editor's note— Ord. No. 43.213, §§ 52—54, adopted January 18, 2022, amended the Code by repealing former §§ V-100-15.07—V-100-15.09, which were reserved for schedule pursuant to V-100-12.02, V-100-12.05-4, and V-100-12.06-2, respectively.

Editor's note— Ord. No. 43.213, § 55, adopted January 18, 2022, amended the Code by repealing former § V-100-5.06, which pertained to crosswalks, and derived from Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.65, adopted May 5, 1970; Ord. No. 43.66, adopted October 6, 1970; Ord. No. 43.67, adopted January 5, 1971; Ord. No. 43.68, adopted May 18, 1971; Ord. No. 43.69, adopted August 17, 1971; Ord. No. 43.70, adopted December 21, 1971; Ord. No. 43.76, adopted August 7, 1973; Ord. No. 43.86, adopted November 5, 1974; Ord. No. 43.99, adopted September 20, 1977; Ord. No. 43.100, adopted October 18, 1977; Ord. No. 43.102, adopted November 7, 1978; Ord. No. 43.106, adopted February 19, 1980; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.114, adopted October 20, 1981; Ord. No. 43.120, adopted April 20, 1982; Ord. No. 43.122, adopted August 3, 1982; Ord. No. 43.123, adopted October 5, 1982; Ord. No. 43.125, adopted February 1, 1983; Ord. No. 43.127, adopted July 19, 1983; Ord. No. 43.129, adopted September 20, 1983; Ord. No. 43.130, adopted October 4, 1983; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.134, adopted April 17, 1984; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.137, adopted January 22, 1985; Ord. No. 43.139, adopted July 16, 1985; Ord. No. 43.141, adopted December 17, 1985; Ord. No. 43.143, adopted November 4, 1986; Ord. No. 43.149, adopted October 27, 1987; Ord. No. 43.150, adopted February 2, 1988; Ord. No. 43.151, adopted June 8, 1988; Ord. No. 43.152, adopted September 6, 1988; Ord. No. 43.161, adopted May 21, 1991; Ord. No. 43.164, adopted December 3, 1991; Ord. No. 43.178, adopted June 6, 1995; Ord. No. 43.184, adopted February 4, 1997; Ord. No. 43.186, adopted June 16, 1998; Ord. No. 43.193, adopted August 17, 1999; Ord. No. 43.194, adopted November 2, 1999; Ord. No. 43.197, adopted November 20, 2001; and Ord. No. 43.199, adopted October 21, 2003.

Editor's note— Ord. No. 43.213, § 56, adopted January 18, 2022, amended the Code by repealing former § V-100-5.06, which pertained to prohibited stopping, standing, and parking, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.65, adopted May 5, 1970; Ord. No. 43.66, adopted October 6, 1970; Ord. No. 43.67, adopted January 5, 1971; Ord. No. 43.68, adopted May 18, 1971; Ord. No. 43.69, adopted August 17, 1971; Ord. No. 43.70, adopted December 21, 1971; Ord. No. 43.71, adopted July 18, 1972; Ord. No. 43.75, adopted March 20, 1973; Ord. No. 43.76, adopted August 7, 1973; Ord. No. 43.77, adopted September 4, 1973; Ord. No. 43.81, adopted January 2, 1974; Ord. No. 43.87, adopted November 19, 1974; Ord. No. 43.91, adopted October 28, 1975; Ord. No. 43.92, adopted September 7, 1976; Ord. No. 43.93, adopted December 7, 1976; Ord. No. 43.95, adopted May 3, 1977; Ord. No. 43.97, adopted June 21, 1977; Ord. No. 43.98, adopted August 2, 1977; Ord. No. 43.102, adopted November 7, 1978; Ord. No. 43.105, adopted October 2, 1979; Ord. No. 43.106, adopted February 19, 1980; Ord. No. 43.108, adopted May 6, 1980; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.110, adopted November 4, 1980; Ord. No. 43.111, adopted May 19, 1981; Ord. No. 43.113, adopted July 21, 1981; Ord. No. 43.117, adopted January 19, 1982; Ord. No. 43.120, adopted April 20, 1982; Ord. No. 43.121, adopted June 1, 1982; Ord. No. 43.122, adopted August 3, 1982; Ord. No. 43.123, adopted October 5, 1982; Ord. No. 43.125, adopted February 1, 1983; Ord. No. 43.127, adopted July 19, 1983; Ord. No. 43.129, adopted September 20, 1983; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.137, adopted January 22, 1985; Ord. No. 43.138, adopted March 5, 1985; Ord. No. 43.139, adopted July 16, 1985; Ord. No. 43.140, adopted September 17, 1985; Ord. No. 43.141, adopted December 17, 1985; Ord. No. 43.142, adopted July 15, 1986; Ord. No. 43.143, adopted November 4, 1986; Ord. No. 43.145, adopted February 3, 1987; Ord. No. 43.148, adopted July 21, 1987; Ord. No. 43.149, adopted October 27, 1987; Ord. No. 43.150, adopted February 2, 1988; Ord. No. 43.151, adopted June 8, 1988; Ord. No. 43.152, adopted September 6, 1988; Ord. No. 43.153, adopted December 6, 1988; Ord. No. 43.155, adopted April 4, 1989; Ord. No. 43.156, adopted July 18, 1989; Ord. No. 43.157, adopted October 18, 1989; Ord. No. 43.160, adopted September 4, 1990; Ord. No. 43.161, adopted May 21, 1991; Ord. No. 43.164, adopted December 3, 1991; Ord. No. 43.165, adopted February 18, 1992; Ord. No. 43.166, adopted May 19, 1992; Ord. No. 43.167, adopted August 4, 1992; Ord. No. 43.168, adopted February 2, 1993; Ord. No. 43.169, adopted March 2, 1993; Ord. No. 43.171, adopted June 15, 1993; Ord. No. 43.173, adopted September 21, 1993; Ord. No. 43.177, adopted September 20, 1994; Ord. No. 43.178, adopted June 6, 1995; Ord. No. 43.180, adopted December 5, 1995; Ord. No. 43.184, adopted February 4, 1997; Ord. No. 43.186, adopted June 6, 1998; Ord. No. 43.191, adopted May 14, 1999; Ord. No. 43.192, adopted June 1, 1999; Ord. No. 43.193, adopted August 17, 1999; Ord. No. 43.198, adopted December 3, 2002; and Ord. No. 43.199, adopted October 21, 2003.

Editor's note— Ord. No. 43.213, § 57, adopted January 18, 2022, amended the Code by repealing former § V-100-15.12, which pertained to prohibited vehicles in excess of certain gross weight limits, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.113, adopted July 21, 1981; Ord. No. 43.123, adopted October 5, 1982; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.139, adopted July 16, 1985; Ord. No. 43.140, adopted September 17, 1985; Ord. No. 43.146, adopted April 7, 1987; and Ord. No. 43.204, adopted September 5, 2006.

Editor's note— Ord. No. 43.213, § 58, adopted January 18, 2022, amended the Code by repealing former § V-100-15.13, which pertained to mail deposit zones, and derived from Ord. 43, adopted May 7, 1955; Ord. 43.64, adopted December 2, 1969; Ord. 43.81, adopted January 2, 1974; and Ord. 43.102, adopted November 7, 1978.

Editor's note— Ord. No. 43.213, § 59, adopted January 18, 2022, amended the Code by repealing former § V-100-15.14, which pertained to bus zones, and derived from Ord. 43, adopted May 7, 1955; Ord. 43.64, adopted December 2, 1969; and Ord. 43.66, adopted October 6, 1970.

Editor's note— Ord. No. 43.213, § 60, adopted January 18, 2022, amended the Code by repealing former § V-100-5.06, which pertained to prohibited specific turning movements at specific places, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.146, adopted April 7, 1987; Ord. No. 43.64, adopted December 2, 1969; and Ord. No. 43.102, adopted November 7, 1978.

Editor's note— Ord. No. 43.213, § 61, adopted January 18, 2022, amended the Code by repealing former § V-100-15.17, which pertained to approaches to intersections at which yield-right-of-way signs shall be erected, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.65, adopted May 5, 1970; Ord. No. 43.66, adopted October 6, 1970; Ord. No. 43.67, adopted January 5, 1971; Ord. No. 43.69, adopted August 17, 1971; Ord. No. 43.70, adopted December 21, 1971; Ord. No. 43.86, adopted November 5, 1974; Ord. No. 43.102, adopted November 7, 1978; Ord. No. 43.106, adopted February 19, 1980; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.113, adopted July 21, 1981; Ord. No. 43.121, adopted June 1, 1982; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.140, adopted September 17, 1985; Ord. No. 43.141, adopted December 17, 1985; Ord. No. 43.146, adopted April 7, 1987; Ord. No. 43.151, adopted June 8, 1988; Ord. No. 43.155, adopted April 4, 1989; Ord. No. 43.157, adopted October 18, 1989; Ord. No. 43.159, adopted June 5, 1990; and Ord. No. 43.166, adopted May 19, 1992.

Editor's note— Ord. No. 43.213, § 62, adopted January 18, 2022, amended the Code by repealing former § V-100-15.18, which pertained to entrances and exits at which signs shall be erected, and derived from Ord. 43, adopted May 7, 1955; Ord. 43.64, adopted December 2, 1969; and Ord. 43.79, adopted December 18, 1973.

Editor's note— Ord. No. 43.213, § 63, adopted January 18, 2022, amended the Code by repealing former § V-100-15.19, which pertained to places at which stop signs shall be erected, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.113, adopted July 21, 1981; Ord. No. 43.121, adopted June 1, 1982; Ord. No. 43.125, adopted February 1, 1983; Ord. No. 43.129, adopted September 20, 1983; Ord. No. 43.131, adopted December 20, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.134, adopted August 7, 1984; Ord. No. 43.139, adopted July 16, 1985; and Ord. No. 43.186, adopted February 4, 1997.

Editor's note— Ord. No. 43.213, § 64, adopted January 18, 2022, amended the Code by repealing former § V-100-15.20, which pertained to streets or portions thereof from which vehicles can be removed, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.81, adopted January 2, 1974; Ord. No. 43.102, adopted November 7, 1978; Ord. No. 43.129, adopted September 20, 1983.

Pursuant to the provisions of Section 21107.5 of the California Vehicle Code, the City Council may from time to time, by resolution, find and declare that there are privately owned and maintained roads within the City generally held open for use of the public for purposes of vehicular traffic which so connect with highways that the public cannot determine that such roads are not highways. Upon enactment of such a resolution, the provisions of the California Vehicle Code shall apply to the privately owned and maintained roads unless the owner of the road erects a notice of a 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.

(Ord. No. 43.213, § 65, 1/18/22; Ord. 43.102, 11/7/78; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Editor's note— Ord. No. 43.213, § 66, adopted January 18, 2022, amended the Code by repealing former § V-100-15.22, which pertained to prohibited parking adjacent to schools, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.65, adopted May 5, 1970; Ord. No. 43.133, adopted April 17, 1984; and Ord. No. 43.150, adopted February 2, 1988.

Editor's note— Ord. No. 43.213, § 67, adopted January 18, 2022, amended the Code by repealing former § V-100-15.23, which pertained to pedestrian walkways, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.67, adopted January 5, 1971; and Ord. No. 43.102, adopted November 4, 1978.

Editor's note— Ord. No. 43.213, § 68, adopted January 18, 2022, amended the Code by repealing former § V-100-15.24, which pertained to commercial vehicle parking time limited on certain streets, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.74, adopted February 20, 1973; Ord. No. 43.102, adopted November 7, 1978; Ord. No. 43.106, adopted February 19, 1980; Ord. No. 43.109, adopted July 15, 1980; Ord. No. 43.126, adopted April 19, 1983; Ord. No. 43.133, adopted April 17, 1984; Ord. No. 43.152, adopted September 6, 1988; Ord. No. 43.168, adopted February 2, 1993; and Ord. No. 43.196, adopted November 6, 2000.

Editor's note— Ord. No. 43.213, § 69, adopted January 18, 2022, amended the Code by repealing former § V-100-15.25, which prohibited commercial vehicle parking on certain streets, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.92, adopted September 7, 1976; Ord. No. 43.111, adopted May 19, 1981; Ord. No. 43.136, adopted November 6, 1984; Ord. No. 43.139, adopted July 16, 1985; Ord. No. 43.143, adopted November 4, 1986; Ord. No. 43.146, adopted April 7, 1987; Ord. No. 43.148, adopted July 21, 1987; Ord. No. 43.151, adopted June 8, 1988; Ord. No. 43.165, adopted February 18, 1992; Ord. No. 43.167, adopted August 4, 1992; Ord. No. 43.169, adopted March 2, 1993; Ord. No. 43.176, adopted June 21, 1994; and Ord. No. 43.184, adopted February 4, 1997.

Editor's note— Ord. No. 43.213, § 70, adopted January 18, 2022, amended the Code by repealing former § V-100-15.26, which pertained to vehicle parking time limited on certain streets except by permit, and derived from Ord. No. 43, adopted May 7, 1955; Ord. No. 43.64, adopted December 2, 1969; Ord. No. 43.115, adopted December 1, 1981; Ord. No. 43.118, adopted February 16, 1982; Ord. No. 43.163, adopted August 6, 1991; Ord. No. 43.175, adopted April 5, 1994; and Ord. No. 43.190, adopted March 9, 1999.

Editor's note— Ord. No. 43.213, § 71, adopted January 18, 2022, amended the Code by repealing former § V-100-15.27, which pertained to vehicle parking time on certain streets except by permit, and derived from Ord. 43.185, adopted April 1, 1997.

"Bicycle" for the purposes of this Chapter means any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears having either two or three wheels, one of which is at least 20 inches in diameter, in tandem or tricycle arrangement or having a frame size of at least 14 inches.

(Ord. 43.181(1), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

The parent of any minor or the guardian of any ward shall not authorize nor knowingly permit any such minor or ward to violate any of the provisions contained in this Chapter.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate is attached thereto as provided in this Chapter or, such bicycle has been licensed by and bears a current, valid license plate from another jurisdiction.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

As set forth in Section 5030 et seq. of the California Vehicle Code (as amended from time to time) the licensing requirements set forth in this Chapter shall also apply to motorized bicycles.

(Ord. 43.181(2), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Application for bicycle license and license plate shall be made from a form provided by the City. An initial fee of $1.00 shall be paid to the City before each license is granted.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

A license may be transferred when the ownership of the bicycle is transferred and a fee of $1.00 shall be paid to the City for the registration of such transfer.

(Ord. 43.181, 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Editor's note— Ord. No. 43.213, § 72, adopted January 18, 2022, amended the Code by repealing former § V-100-15.04-3, which derived from Ord. 43, adopted May 7, 1955; and Ord. 43.64, adopted December 2, 1969.

No license shall be issued to any applicant unless said applicant is the owner of or entitled to possession of the bicycle for which the applicant seeks a license.

(Ord. 43.181(4), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

All fees collected shall be deposited in the City Treasury and shall be used for the administration of the provisions of this Chapter, the improvement of bicycle safety programs and the establishment of bicycle facilities, including bicycle paths and lanes, within the City of Milpitas in accordance with the provisions of Section 39004 of the California Vehicle Code (as amended from time to time).

(Ord. 43.181(5), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Each bicycle license heretofore issued shall continue in effect until cancelled or revoked, but in no event beyond December 31, 1978, at which time said license shall be renewed for time periods as set forth in the California Vehicle Code as the same exists or may be amended hereafter.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Upon receiving a completed application and license fee, the City is authorized to issue a bicycle license and registration certificate in accordance with the provisions of this Section. The City shall keep a record of the number of each license, the date of issue, the name and address of the person to whom issued and the make or type of the bicycle, the serial number, any transfers of the license and a record of all bicycle license fees collected.

(Ord. 43.181(6), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Whenever any person sells or otherwise disposes of a bicycle, the vendor shall endorse upon the registration certificate previously issued for such bicycle, a written transfer setting forth the name, address, telephone number of the transferee, date of transfer and signature of the transferor. The vendor shall deliver the endorsed registration certificate to the Police Department within ten days.

(Ord. 43.181(7), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Any person who purchases or otherwise acquires possession of a bicycle shall, within ten days of taking possession, apply for the transfer of license to his or her own name.

(Ord. 43.181(8), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Whenever the owner of a bicycle changes his address, the owner shall within ten days notify the Police Department of the old and new address.

(Ord. 43.181(9), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

In the event that any bicycle license or registration form issued in connection with a license is lost, stolen or mutilated, the licensee shall immediately notify the Police Department, and apply for a duplicate license or registration form within ten days.

(Ord. 43.181(10), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

It shall be the duty of any bicycle dealer to forward to the City within ten days of the date of any retail sale of a bicycle, the preregistration form required by California Vehicle Code 39006; for the purposes of this Chapter, a "bicycle dealer" is defined as any person who sells, gives away, buys, or takes in trade for the purpose of resale, more than five bicycles in any one calendar year, whether or not such bicycles are owned by such person. The term "bicycle dealer" also includes his agents or employees.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Editor's note— Ord. No. 43.213, § 73, adopted January 18, 2022, amended the Code by repealing former § V-100-16.09, which pertained to inspection of bicycles, and derived from Ord. No. 43, adopted May 7, 1955; and Ord. No. 43.64, adopted December 2, 1969.

Editor's note— Ord. No. 43.213, § 74, adopted January 18, 2022, amended the Code by repealing former § V-100-16.10, which pertained to attachment of license plates, and derived from Ord. No. 43, adopted May 7, 1955; and Ord. No. 43.64, adopted December 2, 1969.

A rental agency shall not rent nor offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as provided herein and such bicycle is equipped as required by law.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

The Police Department is authorized to investigate the possession and ownership of any unlicensed bicycle or any bicycle bearing a license issued by any other city. If there is probable cause for believing that said bicycle is a stolen bicycle, the Police Department may impound the same for a period of not exceeding five days. If the Police Department finds that it is a stolen bicycle, then the Department shall communicate with the appropriate enforcement officers of the city from which said bicycle was stolen. Disposition of said stolen bicycle shall be in accordance with the provisions set forth in the Government Code.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

In accordance with the provisions of California Vehicle Code Section 21201.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall operate on the roadway any bicycle equipped with handlebars so raised that the operator must elevate his hands above the level of his shoulders in order to grasp the normal steering grip area.

(Ord. 43.181 (11), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall operate upon any roadway a bicycle which is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground and restarting it in a safe manner.

(Ord. 43.181 (12), 1/23/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Every bicycle operated upon any roadway during darkness shall be equipped (1) with a lamp emitting a white light which, while the bicycle is in motion, illuminates the roadway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle; (2) with a red reflector, of a type approved by the California Motor Vehicle Department, on the rear which shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle; (3) with a white or yellow reflector, of a type approved by the California Motor Vehicle Department, on each pedal visible from the front and rear of the bicycle from a distance of 200 feet; and (4) with a white or yellow reflector on each side forward of the center of the bicycle, except that bicycles which are equipped with reflectorized tires on the front and rear need not be equipped with these side reflectors.

(Ord. 43.181(13), 12/3/96; Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in lieu of the lamp required by subparagraph (1) of Section 16.13-4.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

Every person riding a bicycle shall be granted all of the rights and shall be subject to all of the duties applicable to a driver of a vehicle by the laws of the State of California (declaring rules of the road applicable to vehicles) or by the provisions of the Milpitas Municipal Code (applicable to the driver of a vehicle) except as to the special regulations in this Chapter and except as to those provisions of law which by their nature can have no application. Pursuant to the provisions of California Vehicle Code 21202, 21203, 21204 and 21205, the following rules shall apply.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

(a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Section 21656 of the California Vehicle Code. For the purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked travel lanes, may ride as near to the left-hand curb or edge of such roadway as practicable.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

(a) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.

(b) No operator shall allow a person riding as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is a minor weighing 40 pounds or less, the seat shall have adequate provision for retaining the minor in place and for protecting the minor from the moving parts of the bicycle.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.

(Ord. 43.64, 12/2/69; Ord. 43, 5/7/55)

No person shall ride or operate a bicycle upon any City sidewalk, playground, park, or a school yard when prohibited by signs or markings or upon private property where prohibited by signs or markings.

(Ord. 43, 5/7/55)

Persons riding bicycles upon any street or highway shall not ride more than two abreast except upon passing or upon parts of a roadway set aside for the exclusive use of bicycles.

(Ord. 43, 5/7/55)

No person riding or operating a bicycle upon a highway or street shall participate in any race, speed or endurance contest unless such race or contest has the written permission of and is under the supervision of the Chief of Police.

(Ord. 43, 5/7/55)

No person riding or operating a bicycle upon a highway or street shall perform or attempt to perform any acrobatics, trick or stunt.

(Ord. 43, 5/7/55)

Bicycles may be walked on a roadway subject to all provisions of law applicable to pedestrians.

(Ord. 43, 5/7/55)

No person shall park any bicycle against windows or on the main travel portion of the sidewalk, nor in such a manner as to constitute a hazard to pedestrians, traffic or property. If there is no bicycle rack or other facility intended to be used for the parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position, parallel to and within 24 inches of the curb.

(Ord. 43, 5/7/55)

In accordance with the provisions of California Vehicle Code Section 21207.

(Ord. 43, 5/7/55)

The City Manager may establish bicycle lanes and routes along designated streets or portions of streets and may establish bicycle paths in the interest of providing recreation and developing open space programs. Any person operating a bicycle along a bicycle route shall be subject to all of the rights and duties applicable to the operators of motor vehicles generally along the streets or portions of streets so designated, such designation being intended only to inform the operators of bicycles that such streets or portions of streets afford an expeditious route of travel by bicycle, and to alert the operators of motor vehicles of the likelihood of a higher incidence of bicycle traffic where the roadway is so marked.

(Ord. No. 43.213, § 75, 1/18/22; Ord. 43, 5/7/55)

The City Manager or designee shall designate bicycle lanes, routes and paths by the placement of appropriate signs and roadway markings.

(Ord. No. 43.213, § 76, 1/18/22; Ord. 43, 5/7/55)

Whenever a bicycle lane has been established on a roadway, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to park where parking is permitted, to enter or leave the highway, or to prepare for a turn.

(Ord. 43 (part), 5/7/55)

(a) Whenever a bicycle lane has been established on a roadway, any person operating a bicycle on the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:

(1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

(b) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 6 of the California Vehicle Code in the event that any vehicle may be affected by the movement.

(Ord. 43 (part), 5/7/55)

When signs and markings are in place giving notice of the existence of any bicycle path established by this Chapter, it is unlawful for any person:

(1) To operate any unauthorized vehicle along any portion of the bicycle path.

(2) To operate a bicycle other than on the side of the bicycle path passing as close to the right-hand side of the operator as conditions permit.

(3) To operate a bicycle other than in single file whenever there are two or more bicycles operating as a group.

(4) To fail to obey all signs and marking regulating use of the bicycle path.

(5) To operate a bicycle at all times in any manner other than with reasonable regard to the safety of all others, which shall include but not be limited to: signaling all turns; passing to the left of any bicycle, authorized vehicle, or pedestrian being overtaken; and passing to the right of any bicycle, authorized vehicle or pedestrian being met.

(Ord. 43 (part), 5/7/55)

Any person violating any provisions of this Chapter or any provision of a resolution establishing a bicycle path or lane authorized by this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished as set forth in Chapter 1 Title I of the Milpitas Municipal Code.

(Ord. 43 (part), 5/7/55)

The purpose of this section is to enact Sections 40200 and following of the California Vehicle Code.

(Ord. 43.182 (part), 3/5/96)

Any violation of any regulation governing the standing or parking of a vehicle under the California Vehicle Code, under the Milpitas Municipal Code, or under any federal statute or regulation, is a civil violation to be handled through citations issued by the Milpitas Police Department followed by an administrative process set out below.

(Ord. 43.182 (part), 3/5/96)

Penalties for violation of this Section shall be set and periodically revised by resolution of the City Council.

(Ord. 43.182 (part), 3/5/96)

Penalties shall be collected by the City or an agency with which the City may contract.

(Ord. 43.182 (part), 3/5/96)

Any appeal of a citation received by a person under this title may be made through the following Administrative Process.

(Ord. 43.182 (part), 3/5/96)

Within 21 calendar days of the issuance of a citation for violation of any provision of Section 17, or 14 calendar days following the mailing of the notice of delinquent parking violation, whichever is later, any person receiving the citation or notice may request a review by the City of the citation or notice. This request may be made in writing, by telephone, or in person.

(Ord. 43.182 (part), 3/5/96)

The City shall review the allegations of the person contesting the citation or notice within 15 working days. The results of the review shall be mailed by first class mail, postage prepaid, to the person requesting the review.

(Ord. 43.182 (part), 3/5/96)

If the person disputes the conclusion set out in the review, that person may, within 21 calendar days of the mailing of the results of the review, deposit the full amount of the parking penalty and request an administrative hearing. The request may be made in writing, by telephone, or in person.

(a) The person contesting the citation or notice may elect to appear at the administrative hearing in person or request a written review of documents pertaining to the citation or notice only.

(b) If the person is a minor, the person may appear at the administrative hearing or admit, in writing, responsibility for the violation. Appointment of a guardian will not be required for this person.

(c) The City Manager, or his designated agent, may modify the amount of deposit required if the person contesting the citation or notice can provide verifiable and substantial proof of inability to deposit the full amount of the parking penalty.

(Ord. 43.182 (part), 3/5/96)

The administrative hearing shall be conducted before an examiner designated to conduct the hearing by the City Manager or his authorized agent.

(a) The administrative hearing shall be conducted in accordance with a written procedure to be established by the City intended to provide a fair and impartial hearing of contested parking citations.

(b) The City's final decision shall be delivered by first-class mail, postage prepaid, to the person requesting the administrative hearing at the address set out on the citation or the request for hearing.

(Ord. 43.182 (part), 3/5/96)

If the person contesting a parking citation or notice is not satisfied with the decision rendered in the administrative hearing process, that person may, within 30 calendar days after the mailing or receipt by personal delivery of the final decision, seek review of the decision in the Municipal Court.

(Ord. 43.182 (part), 3/5/96)

A copy of the notice of appeal shall be served by personal service, or by first-class mail, postage prepaid, upon the City Clerk or designate.

(Ord. 43.182 (part), 3/5/96)

The filing fee for the review is $25.00, which shall be refunded, along with the penalty deposit, to any person whose challenge to a citation is upheld.

(Ord. 43.182 (part), 3/5/96)

These reviews may be heard by traffic commissioners and other officials authorized to perform subordinate judicial duties.

(Ord. 43.182 (part), 3/5/96)