Montague Municipal Code Ch. 10.12 Vehicles and Traffic

TRAFFIC AND PARKING RESTRICTIONS GENERALLY*

Sections:

• 10.12.005 Definitions. 10.12.010 Parking restrictions.

• 10.12.020 Traffic control devices, generally.

• 10.12.030 Stop signs.

• 10.12.040 Speed limits.

• 10.12.050 One-way streets or alleys.

• 10.12.060 Manner of parking—Parking restriction authority.

• 10.12.070 Parking restrictions on highway.

• 10.12.075 Parking restriction—Commercial vehicles and trailers. 10.12.076 Prohibited use of engine or air brakes.

• 10.12.080 One-hour parking.

• 10.12.090 Bicycles on sidewalk. 10.12.095 Use of streets for storage of vehicles prohibited.

***** Prior ordinance history: Ords 172, 88-11, 90-13 and 2-01.

Whenever in this chapter the following terms are used, they shall have the meanings ascribed to them in this section:

“Alley” means a public way that does not exceed twenty (20) feet between property lines.

“Crosswalk” means that portion of the roadway included within the prolongation of curb and property lines at street intersections.

“Exhaust system” means the device or combination of devices that collects the exhaust from the engine or motor, delivers the exhaust to the atmosphere and reduces the noise emissions. “Exhaust system” includes manifold or headers, exhaust pipe, muffler, and tail pipe.

“Gross vehicle weight” means the sum of the weight in pounds of the vehicle and its load.

“Intersection” means the area embraced within the prolongation of the property lines of two or more streets that join at any angle, whether or not one such street crosses the other.

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

“Official warning and direction signs and signals” means all warning and direction signs and signals not inconsistent with this chapter, placed or erected before or after the effective date of the ordinance codified in this chapter, under this ordinance or by authority of the city council.

“Operator” means any person who is in actual and physical control of a vehicle.

“Park” means to stand a vehicle for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or material.

“Pedestrian” means any person afoot. “Right-of-way” means the privilege of the immediate use of a street.

“Roadway” means that portion of a street or alley between the regularly established curb lines or between areas customarily reserved for foot traffic.

“Sidewalk” means that portion of a street between the curb lines and the adjacent property lines, or between the portion of street customarily used for vehicle traffic and the adjacent property lines.

“Street” means every way set apart for public travel including alleys but excluding areas for foot traffic.

“Ton” means two thousand (2,000) pounds.

“Truck routes” means those streets or portions thereof which are designated in this section, the use of which is permitted by any vehicle not exceeding the maximum gross weight of vehicles and loads and specified in the California Vehicle Code.

“Vehicle” means every device by which any person or property is or may be transported or carried upon a street, excepting devices moved by human power or used exclusively upon rails. However, for the purpose of the chapter, a bicycle shall be deemed a vehicle. (Ord. 06-04 § 1, 2006; Ord. 03-01A (part), 2003)

Parking on the city streets and on city roads and parking lots shall be subject to the following restrictions, violations of which shall be infractions:

A. Red curb markings mean no stopping, standing or parking at any time except as permitted by the Vehicle Code.

B. Yellow curb markings mean no stopping, standing or parking at any time between nine a.m. and six p.m. of any days 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 ten minutes nor the loading or unloading of materials more than thirty (30) minutes.

C. White curb markings mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, which shall not exceed ten (10) minutes, and such restrictions shall apply between nine a.m. and six p.m. of any day except Sundays and holidays and except as follows:

1. When such zone is in front of a hotel the restrictions shall apply at all times.

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

D. Green curb markings mean no standing, stopping or parking for longer than ten (10) minutes at any time between seven a.m. and six p.m. of any day except Sundays and holidays.

E. Blue curb markings and/or signage indicates parking limited exclusively to the vehicles of disabled persons and disabled veterans.

F. Seventy-two (72) hours is the maximum legal time for parking on any street or alley in Montague not designated for shorter parking restrictions.

• G. No parking zones are those set forth below:

1. On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curbs surface;

2. In any area where the public works director determines that the stopping or parking of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curbs surface;

3. In any area established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curbs surface;

4. Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track;

5. In any area where the stopping or parking of a vehicle would constitute a traffic hazard or would endanger life or property;

6. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit or interfere with such use of movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking;

7. At any place within twenty (20) feet of a crosswalk at an intersection in the central traffic district or in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface except that of a bus stop at a designated bus stop;

8. The public works director is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his/her opinion, interfere with traffic or create a hazardous situation. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property no person shall park a vehicle in any such designated place. The public works director is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty (30) feet 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 such sign or marking.

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

1. If a vehicle remains parked in the same location for more than eight hours and there is displayed a sign or some other means of communication on or near the vehicle stating the vehicle is for sale, there shall be a presumption that the vehicle owner is engaged in the principal purpose of offering such vehicle for sale.

2. To avoid a violation of this section, a vehicle must be moved five hundred (500) feet after a sheriffs deputy or designated city employee has marked the vehicle and placed a warning notice on such vehicle.

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

J. No operator of any vehicle shall park said vehicle in any alley in violation of any of the aforementioned restrictions. (Ord. 03-01A (part), 2003)

A designated city employee or county deputy shall have the power and duty to place and maintain or cause to be placed and maintained; with respect to highways under its jurisdiction, appropriate signs, signals and other traffic control devices as required hereunder, and may place and maintain, or cause to be placed and maintained; such appropriate signs, signals or other traffic control devices as may be authorized hereunder, or as may be necessary properly to indicate and carry out the provisions of this code, or to warn and guide traffic upon the highways. The department of transportation may, with the consent of the local authorities, also place and maintain, or cause to be placed and maintained, in or along city streets and county roads, appropriate signs, signals or other traffic control devices, or may perform, or cause to be performed, such other work on city streets and county roads, as may be necessary or desirable to control, or direct traffic, or to facilitate traffic flow, to or from or on state highways. (Ord. 03-01A (part), 2003)

Stop signs erected under Vehicle Code sections 21350, 21351, 21352 or 21354 may be erected either at or near the entrance to an intersection. (Ord. 03-01A (part), 2003)

The city council may determine by resolution those streets or portions of streets upon which special speed limits are applicable and upon so doing, the designated city employee is authorized and directed to install official signs indicating the special speed limit applicable and until so doing, such special speed limits shall not be effective. (Ord. 03-01A (part), 2003)

The city council may determine by resolution any one-way street or alley and a designated city employee is authorized and directed to place and maintain signs giving notice thereof and no such regulations shall be effective until such signs are in place. Signs indicating the direction of lawful traffic movement in one (1) direction only shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Ord. 03-01A (part), 2003)

A. The operator of a vehicle shall not stop, stand or park such vehicle in a roadway other than parallel with the curb or with the area customarily used as a sidewalk for foot traffic, and with the two right-hand wheels of the vehicle within one foot of the curb line or the area customarily used for foot traffic, except that upon those streets which have been marked for angle parking, as provided by this section, vehicles shall be parked at the angle to the curb indicated by such markings, or as otherwise authorized by the placement of official direction signs indicating that angle parking is authorized upon such street.

B. The city council, by resolution, is authorized to determine upon what streets angle parking shall be permitted and to indicate such places by painting white lines upon the surface of the road to indicate proper angle of parking, or to indicate such places by the placement of official direction signs stating, in substance, that angle parking is authorized and specifying the area upon the street where such angle parking is authorized.

C. The city council may, by resolution, designate certain streets where parking is prohibited on one or on both sides, or on one (1) or on both sides during certain hours, or one (1) or on both sides by specified types of vehicles during certain hours, provided appropriate signs are placed and maintained to give notice thereof. The city council may also, by resolution, limit parking to certain lengths of time upon certain days and on certain streets by providing proper signs so worded as to give notice thereof. (Ord. 03-01A (part), 2003)

A. It is unlawful for any person to park any vehicle at any time on the north side of State Highway Route 02-Sis-3 (11th Street) from post mile 53.404, a point approximately eighty-six (86) feet west of the centerline of West King Street, to post mile 53.415, a point approximately thirty (30) feet west of the centerline of West King Street; from post mile 53.425, a point approximately thirty (30) feet east of the centerline of West King Street, to post mile 53.429, a point approximately fifty (50) feet east of the centerline of West King Street; from post mile 53.487, a point approximately thirty-seven (37) feet west of the west curb line of West Webb Street, to post mile 53.495, a point at the west curb line of West Webb Street; on the south side of State Route 02-Sis-3 (11th Street) from post mile 53.490, a point approximately twenty-five (25) feet west of the west curb line of State Route 3 (East Webb Street), to post mile 53.520, a point approximately seventy-six (76) feet east of the south curb line of State Route 3 (11th Street).

B. It is unlawful for any person to park any vehicle for more than two (2) hours on the north side of State Highway Route 02-Sis-3 (11th Street) form post mile 53.473, a point approximately one hundred fifteen (115) feet west of the west curb line of West Webb Street, to post mile 53.480, a point approximately seventy-five (75) feet west of the west curb line of West Webb Street; on the south side of State Route 3 (11th Street) from post mile 53.429, a point approximately thirty (30) feet east of the east curb line East King Street, to post mile 53.490, a point approximately twenty-five (25) feet west of the west curb line of State Route 3 (East Webb Street).

C. The city public works department is directed to obtain and place the proper signs and paint the curb the appropriate color for such parking restrictions.

D. It is unlawful for any person to park any vehicle on the east side of State Highway 3 (11th Street) between Webb Street and King Street for more than two (2) hours as posted.

E. It is unlawful for any person to park any vehicle on the west side of State Highway 3 (11th Street) between Webb Street and King Street for more than two (2) hours as posted.

F. Fines imposed for violation in exceeding the no parking hours will be pursuant to Title 10, Section 10.08.01 of the Montague Municipal Code, California Vehicle Code (22500) Parking unlawfully twenty-one dollars ($21.00).

G. The city public works department is directed to obtain and place the proper signs for such parking restrictions. (Ord. 10-02, 2010; Ord. 03-01A, 2003)

A. Residential Districts. No person shall park any commercial vehicle of more than ten thousand (10,000) pounds of unladen gross weight, any trailer, semi-trailer, trailer coach, utility trailer or auxiliary dolly (as these vehicles are defined in the California Vehicle Code) for more than one (1) hour on any city street or portion thereof, within any residential district, planned residential development distract, public/quasipublic district or parks/open space district within the city, if that street has a sign prohibiting such parking.

B. Commercial/Office/Industrial Districts. No person shall park any commercial vehicle of more than ten thousand (10,000) pounds of unladen gross weight, any trailer, semi-trailer, trailer coach, utility trailer or auxiliary dolly (as these vehicles are defined in the California Vehicle Code) for more than one (1) hour on any city street or portion thereof, between the hours of seven a.m. and seven p.m., Monday through Friday, within any residential district, planned residential development district, public/ quasi-public district or parks/open space district within the city, if that street has a sign prohibiting such parking.

C. Streets in Dual Districts. In circumstances where one side of a particular street is in a residential district, and the other side of the same street is in a commercial district, the following restrictions shall apply:

1. No person shall park any vehicles as described in subsections A and B of this section, on either side of the street in a dual district, for more than one (1) hour, between the hours of seven a.m. and seven p.m.

D. Loading and Unloading. Commercial vehicles, trailers, semi-trailers, trailer coaches, utility trailers or auxiliary dollies (as these vehicles are defined in the California Vehicle Code) which, in the ordinary course of business, are in the process of loading, unloading or are performing a service to an adjacent property, shall park upon the city street or portion thereof no longer than one (1) hour, or the time necessary to complete the loading, unloading or performance of the service.

The time necessary to complete loading, unloading or the performance of a service shall only include continuous, uninterrupted loading, unloading or performance of a service in the ordinary course of business. Parking of a commercial vehicle in anticipation of future loading, unloading or performance of a service, or temporary storage of a commercial vehicle on a city street or portion thereof, shall not be permitted except pursuant to subsection E of this section.

• E. Request for Exemption.

1. The owner of a commercial vehicle of more than ten thousand (10,000) pounds may apply for a permit to exceed the parking time limits and restrictions specified herein. The owner shall complete a parking permit application provided by the city clerk, and shall pay the appropriate permit fee. The permit fee shall be set in accordance with procedures established by the city for rates, charges and fees. The exemption permit shall be for a term of one (1) year, and shall be renewable.

2. Upon the submission of the completed application and fee, the permit application shall be reviewed by either the code enforcer or a member of the public works department, who shall consider the following, nonexclusive criteria:

• a. Site distances from intersections or driveways that might be affected;

• b. Traffic patterns and flows at the location;

• c. Proximity to any residential district;

• d. Nature of the operation or business of which the vehicles are a part;

• e. The location of the primary place of business or residence of the applicant in relation to the location for which exception is sought;

f. Any other factor reasonably related to commercial vehicle street parking which may affect the public health, safety or welfare.

3. After review, the designated city official inspecting the location shall determine whether or not to issue the exception permit and, if granted, to impose any appropriate restrictions or conditions upon the permit. The official shall notify, in writing, the applicant, all owners of property abutting the street for which the exception permit is sought, and the local homeowners' association, of his/her decision. An exception permit shall not become final until thirty (30) days after the date this notice was deposited in the mail.

4. Appeal. The applicant and/or any other affected party may, within thirty (30) days of the date the notice was deposited in the mail, appeal the grant or denial of an exception permit to the city council by presenting to the designated city official a written notice of appeal clearly stating the grounds for the appeal. The council shall hear the appeal at a noticed public hearing and its decision shall be final. The exception permit shall be stayed until the appeal is heard and decided by the city council.

5. Revocation. An exception permit can be revoked by the code enforcer or a member of the public works department for the following nonexclusive reasons:

   • a. Violation of any condition placed upon the exception permit;

   • b. A change in any of the circumstances listed in subsection (E)(2) of this section;

   • c. Any facts demonstrating that the vehicle parking permitted under the exception permit is detrimental to the public health, safety and welfare.

A permittee may, within thirty (30) days of the date revocation notice was deposited in the mail, appeal the revocation by presenting to the code enforcer or member of the public works department, a written notice of appeal clearly stating the grounds for the appeal. The appeal shall be heard and decided in the same manner as specified in subsection (E)(4) of this section. (Ord. 06-04 § 2 (part), 2006)

The use of various devices used by heavy trucks, known as “engine brakes,” which convert the truck's diesel engine into a power-absorbing air compressor, resulting in a net energy loss to help control the truck's speed, makes a distinctive loud sound that can have a negative impact on residents within close proximity to a highway. Entrances to the City of Montague shall be posted with signage stating: “The use of engine or air brakes past this point is prohibited except when needed for safety.” Violation of this section is a misdemeanor. (Ord. 06-04 § 2 (part), 2006)

The city council may, by resolution, designate those streets upon which it is unlawful for the operator of any motor vehicle to park such vehicle for a time period of more than one (1) hour between the hours of nine a.m. and six p.m. of any day. The appropriate official warning signs indicating such restrictions shall be posted so as to give adequate notice of such restriction. (Ord. 03-01A (part), 2003)

It is unlawful to ride a bicycle upon any sidewalk. (Ord. 03-01A (part), 2003)

A. No person who owns or has possession, custody or control of any vehicle shall park or leave the vehicle standing upon any street or alley for seventy-two (72) or more consecutive hours.

B. In the event a vehicle is parked or left standing upon a street or alley for seventy-two (72) or more consecutive hours, a peace officer or designated city employee may remove the vehicle from the street or alley in the manner and subject to the requirements of the California Vehicle Code. (Ord. 03-01A (part), 2003)

The provisions of this chapter regulating the movement, parking and standing of vehicles shall not apply to emergency vehicles of the police or sheriff's office or of the fire department or the public utility while the driver of any such vehicle is engaged in the necessary performance of public emergency duties. (Ord. 03-01A (part), 2003)

Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be subject to a fine of not less than the stated bail amount as set by resolution, nor more than the normal maximum for infraction violations, including enhancements for repeated violations. (Ord. 03-01A (part), 2003)