Modesto Municipal Code Art. 1 Definitions

Footnotes:

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Editor's note— Ord. No. 3716, adopted March 12, 2020, repealed the former Art. 1, §§ 3-2.101—3-2.118, and enacted a new Art. 1 as set out herein. The former Art. 1 pertained to similar subject matter and derived from Ord. 234-C.S., effective 4-24-58; Ord. 743-C.S., effective 10-7-65; Ord. 1670-C.S., § 1, effective 12-21-77; Ord. 2252-C.S., § 1, effective 5-31-84; Ord. 3363-C.S., § 1, effective 12-9-04.

(a) The words and phrases used in this chapter shall have the meanings respectively ascribed to them in this article.

(b) Whenever any words or phrases used in this chapter are not defined herein, but are now or hereafter defined in the Vehicle Code of the State of California, 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. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

The Council of the City of Modesto.

(Ord. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

"Director of Public Works" means the Director of Public Works or designee of the City of Modesto.

(Ord. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

A commercial vehicle is defined as any vehicle with more than three (3) wheels that is greater than twenty-two (22) feet in length that clearly displays the business name and that is used for transporting freight, merchandise or material.

(Ord. No. 3716-C.S., effective 3-12-20)

For the purpose of this chapter only, holidays shall be as specified in Section 6700 of the California Government Code, as the same now exists or may hereafter be amended.

(Ord. No. 3716-C.S., effective 3-12-20)

A street upon which a vehicle or combination of vehicles authorized by Vehicle Code Section 35401.5 may operate.

(Ord. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

A parking space is a space which is duly designated on-street or off-street for the parking of a single vehicle that is marked by lines painted or otherwise durably marked on the pavement, curb or on the surface of a lot, garage or public street.

(Ord. No. 3716-C.S., effective 3-12-20)

A mechanical device or machine installed or placed within or upon a surface lot, curb or sidewalk area, placed immediately adjacent to or within the established a parking space or parking zone, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle is permitted.

(Ord. No. 3716-C.S., effective 3-12-20)

Any device used to accept payment for parking, such as parking meters, pay station kiosks, mobile devices, or other methods approved by the Public Works Director.

"Pay-by-space/pay-and-display machine" or "pay station" means any mechanical/electronic device or mechanism not inconsistent with this title placed or erected for the control or regulation of multiple parking meter spaces by the authority of this title.

(Ord. No. 3716-C.S., effective 3-12-20)

Signage that aids in the management and control of the parking and loading of vehicles on City streets or other rights-of-way and that designates that parking or loading on a specific block face, or portion thereof, requires time limits and/or requires payment for such use either at a parking payment device or via mobile device or other approved method or device approved by the Public Works Director.

(Ord. No. 3716-C.S., effective 3-12-20)

That portion of public land between the sidewalk and the street or roadway.

(Ord. No. 3716-C.S., effective 3-12-20)

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

(Ord. No. 3716-C.S., effective 3-12-20)

To take aboard a load or cargo of the type or kind that said vehicle is designed to haul.

(Ord. No. 3716-C.S., effective 3-12-20)

"Police Officer" every sworn officer of the Police Department of the City, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

(Ord. No. 3716-C.S., effective 3-12-20)

"Parking Enforcement Officer" means an authorized official of the City who directs traffic and enforces parking and vehicle code regulations related to the stopping standing and parking of vehicles pursuant to the provisions of this Code and the California Vehicle Code.

(Ord. No. 3716-C.S., effective 3-12-20)

"Parking Penalty" shall mean any fine authorized by law and this Code, including authorized assessments, late penalty, administrative and collection fees.

(Ord. No. 3716-C.S., effective 3-12-20)

Any building, structure, lot, space or area within the City now or hereafter used for off-street parking of vehicles by members of the public, and owned or operated for such use by the City.

(Ord. No. 3716-C.S., effective 3-12-20)

A street, avenue or thoroughfare over and upon which vehicles designed or used for the transportation of commodities or materials may be driven and operated regardless of weight and size of said vehicles; provided said vehicles do not exceed the size and weight of vehicles permitted by state law to be driven upon or over highways and streets within the State of California.

(Ord. No. 3716-C.S., effective 3-12-20)

"Parking," "park" or "standing" means to stop, or allow to stand, any vehicle, whether occupied or not, otherwise than: (1) in obedience to official traffic control device, (2) by direction of traffic control personnel, or (3) temporarily for the purpose of, and while actually engaged in, loading and unloading of merchandise or passengers.

(a) A vehicle shall be deemed to have been parked or left standing when such vehicle has not been moved more than one (1) block under its own power from its original stopped, parked or standing position. A block is defined as a segment of a street adjacent to an intersection or between an intersection and the final point of the street. Vehicles may not return to park within the same block within a twenty-four-hour period.

(Ord. No. 3716-C.S., effective 3-12-20)

"Construction zone" means any area on a street which is designated for the exclusive use of construction activities, including parking.

(Ord. No. 3716-C.S., effective 3-12-20)

"Taxicab or TNC zone" means the spaces adjacent to a curb reserved exclusively for the legal parking of taxicabs and transportation network companies while awaiting hire. All such zones shall be indicated by painting the curb yellow on white with a legend "Taxicab" or "App Ride/TNC Zone" thereon and a sign posted indicating the same.

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Transportation network companies (TNC) provide application dispatch services (technology that allows consumer to directly request dispatch of for-hire drivers for trips via the internet using mobile interfaces such as smartphone applications), to connect drivers with passengers for transportation services.

(b) No owner or driver of any taxicab or TNC vehicle shall park or stand the same upon any public highway or the street for a period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such taxicab or TNC vehicle. The City Traffic Engineer is authorized to install signage within commercial loading zone spaces permitting the active loading and unloading of passengers from taxicab and TNC vehicles during non-commercial loading hours. When appropriate signs are in place indicating such, the space may not be utilized for the stopping or standing of other vehicles.

(Ord. No. 3716-C.S., effective 3-12-20)

Vehicle Code means the Vehicle Code of the State of California.

(Ord. No. 3716-C.S., effective 3-12-20)