Modesto Municipal Code Art. 8 Miscellaneous

Footnotes:

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Editor's note— Ord. No. 3716, adopted March 12, 2020, repealed the former Art. 8, §§ 3-2.801—3-2.815, and enacted a new Art. 8 as set out herein. The former Art. 8 pertained to similar subject matter and derived from Ord. 234-C.S., effective 4-24-58; Ord. 251-C.S; Ord. 272-C.S.; Ord. 293-C.S., effective 3-26-59; Ord. 347-C.S.; Ord. 499-C.S., effective 3-6-62; Ord. 648-C.S., effective 5-6-64; Ord. 743-C.S., effective 10-7-65; Ord. 822-C.S., effective 3-22-67; Ord. 1262-C.S., effective 4-25-73; Ord. 1396-C.S., effective 11-23-74; Ord. 1858-C.S., ; Ord. 1859-C.S., § 1; Ord. 2048-C.S., § 1, effective 7-23-81; Ord. 2252-C.S., § 1, effective 5-31-84; Ord. 2879-C.S., § 1; Ord. 2909-C.S., § 1; Ord. 2936-C.S., § 1; Ord. 3127-C.S., § 1; Ord. 3169-C.S., § 1; Ord. 3363-C.S., § 1, effective 12-9-04; Ord. 3484-C.S., § 1, effective 5-22-08.

No person shall attach himself with his hands, or catch on, or hold on to with his hands, or by any other means, to any moving vehicle or train for the purpose of receiving motive power therefrom.

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

Except as provided in Sections 3-2.206 and 3-2.803.1 of this chapter, the driver of a vehicle other than a bicycle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway.

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

Notwithstanding the provisions of Section 3-2.803 of this chapter, an electric cart may be operated upon a public sidewalk by a physically disabled person, by a person fifty (50) years of age or older, or, while in the course of their employment, by employees of the United States Postal Service, State and local government agencies, or utility companies. However, any disabled person or person fifty (50) years of age or older who owns or leases an electric cart must first apply to the Police Chief for a permit and an identification sticker to so operate the cart, and such person is required to affix such identification sticker to the cart in order to operate it on the sidewalk. The permit and sticker shall become invalid if the person ceases to operate, own, or lease the cart.

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

No person shall walk, 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 warning persons not to walk or drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed.

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

No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire without the consent of the Fire Chief or the assistant in command.

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

No person shall propel a bicycle within any sidewalk area in any business district as defined by Section 235 of the Vehicle Code of the State of California.

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

It shall be unlawful for any person upon roller skates or riding on or by means of a skateboard, coaster or similar device to go upon any roadway in the City or in any City-owned parking lot or City-owned parking structure or in the City of Modesto Transportation Center or in the City of Modesto Amtrak Station or upon the sidewalk in any business district as defined by Section 235 of the Vehicle Code of the State of California or any property of the Modesto City School District, Sylvan Unified School District or Empire Union School District. Provided, however, the Council may, by resolution, grant approval for the use of roadways, City-owned parking lots, City-owned parking structures, and sidewalks for organized skating events of community-wide interest and importance, and that the Director of Public Works, or such persons as may be designated by the Director, may grant approval for use of City park parking lots for organized skating events of community-wide interest and importance. In granting such approval, the Council and the Director or the Director's designee may impose such conditions, restrictions and requirements as they deem necessary or desirable in order to protect the public interest and promote the general welfare.

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

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

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

It shall be unlawful for any person in charge of, having control of, or directing the movement of any railway train, railway locomotive, railway car or cars, or similar vehicles which move on rails, to cause or permit any such train, locomotive, car or cars, or similar vehicle which moves on rails, to be operated, moving or propelled along any of the streets or across any of the street crossings of the City at a speed greater than forty-five (45) miles per hour.

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

No person shall remove nonpermanent markings placed on the tire of a vehicle by an employee of the City who is authorized to enforce parking regulations in the performance of his or her official duties.

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

It shall be unlawful for the operator of any vehicle to park within an intersection or to obstruct a marked crosswalk.

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

Trucks or other vehicles permitted to park at an angle to curbs, sidewalk areas or building lines shall be so positioned that they do not block or impede the normal flow of traffic.

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

(a) Removing Ignition Key. No person driving or in charge of a motor vehicle shall permit it to stand unattended in any public place, or on any public parking lot, without first stopping the engine, locking the ignition and removing the ignition key from the vehicle.

(b) Whenever any police officer or authorized employee shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such employee is authorized to remove such key from such vehicle and to deliver such key to the Police Department, located at 60010th Street, Modesto, California.

(c) Presumption. The registered owner of a vehicle found in violation of this section shall be held prima facie responsible for any such violation.

(d) Violations. Any violation of the provisions of this section shall not mitigate the offense of stealing such motor vehicle nor shall such violation be used to effect a recovery in any civil action for theft of such motor vehicle, or the insurance thereon, or have any other bearing in any civil action.

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

(a) 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 state law, shall cease to be operative six (6) months after receipt by the Council of written notice of withdrawal of approval of the Department of Public Works.

(b) Whenever this chapter delegates authority to a City officer, or authorizes action by the Council to regulate traffic upon a state highway in any way which by state law requires the prior approval of the Department of Public Works, no such officer shall exercise such authority nor shall such action by the 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.

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