Montclair Municipal Code Ch. 8.02 Definitions

As used in this title, the following definitions shall apply. For purposes of Title 8, these definitions shall supersede any other definitions of the same terms elsewhere in this Code:

Bicycle means any such vehicle propelled by human power as defined or referred to in the California Vehicle Code, but not required to be registered thereunder, and shall be given its ordinary application and meaning.

Commercial equipment, when applied to stopping/standing/parking, means and includes, but is not limited to, backhoes, tractors, bucket loaders, air compressors, concrete mixers, road rollers, concrete pumps or pole and pipe dollies, and similar transportable equipment.

Commercial motor vehicle, when applied to stopping/standing/parking, means a vehicle of a type required to be registered under the State Vehicle Code, and used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles.

Commercial vehicle shall have the same definition as set forth in California Vehicle Code Section 260, as that section may be amended from time to time.

Curb cut means a depression in a curb for the purpose of accommodating a driveway that provides vehicular access between any public or private real property and a street, alley, highway, or other public easement. The curb cut commences at the point where the curb begins to slope downward toward street level. Where there is no curb, the point at which a driveway that provides vehicular access between any public or private real property and a street, alley, highway, or other public easement meets the roadway pavement shall constitute a curb cut.

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

Emergency responders include, but are not limited to, public safety officers of either a municipal or county police department or fire department, emergency medical technicians, paramedics, private ambulance service responders, emergency management workers, and federal and state law enforcement and fire service officers on duty and responding to an emergency service request.

Intersection shall have the same definition as set forth in California Vehicle Code Section 365, as that section may be amended from time to time, and shall include, without limitation, any controlled or uncontrolled, and/or unmarked or marked, intersection of any combination of streets, highways, roadways, alleys, and/or other paths provided for the vehicular travel (excluding private driveways).

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

Mobile electronic device means any handheld, head- or body-mounted, or portable electronic equipment capable of providing wireless and/or data communication between two or more persons or a device for providing amusement, including but not limited to a cellular phone, smart phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, video/audio player, digital photographic device, or any other similar electronic device.

Non-residential district means any block, street, or area that is not within a residential district.

Oversized vehicle means any of the following:

A. Any motorized vehicle as defined in California Vehicle Code Section 670 or combination of motorized vehicle(s) and/or non-motorized vehicle(s), including any attached trailers, vehicles or loads thereon, which exceeds any of the following or any combination of the following: 22 feet in length or eight feet in width or eight feet in height.

1. Height. The height of a vehicle shall be measured from the lowest point of the tire to the top of the vehicle or trailer roof or skylight, at its highest point. The height shall not include any antenna, but shall include any cab, camper shell, rack, or other device used to contain passengers or cargo that has been placed on the vehicle.

2. Width. The width of a vehicle shall be measured at the widest point of the vehicle or trailer body, including any cab or camper shell that has been placed on the vehicle or trailer, and including any flares around the wheel wells - however, it shall not include any lights, mirrors, door handles, or similar attachments allowed by California Vehicle Code Sections 35109, 35110, or 35111, as same may be amended from time to time.

3. Length. The length of a single vehicle (i.e., no attached trailer) shall be measured from leading edge of the front bumper to the trailing edge of the rear bumper, not including any projecting lights, trailer hitches, or winches. The length of a combination of vehicles (i.e., vehicle with an attached trailer or camper) shall be measured from the leading edge of the front bumper of the towing vehicle to the trailing edge of the rear bumper or body (whichever is longer) of the towed vehicle or trailer.

B. Irrespective of height, width, or length, any recreational vehicle (as defined by this chapter).

Irrespective of the height, width, or length, an oversized vehicle shall not include any pickup truck as defined by California Vehicle Section 471 (as that section may be amended from time to time).

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

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

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

Pedestrian means a person who is afoot or who is using any of the following: (1) a means of conveyance propelled by human power other than a bicycle; or (2) an electric personal assistive mobility device.

Personal audio equipment means any device placed in, on or around a person's ears capable of providing an audible sound, including but not limited to headphones or ear buds.

Police officer means every officer of the police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Recreational vehicle means:

A. Any attached or unattached camp trailer, camper, fifth wheel travel trailer, house car, mobile home, trailer coach, as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by California Health & Safety Code Section 18010 or successor statute.

B. A boat, dune buggy, all-terrain vehicle ("ATV") or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes.

Residential district means any zone of the City where residential use is permitted as set forth in Title 11 ("Zoning and Development Code") of the Montclair Municipal Code, as well as any block in which 50 percent of the structures abutting the public street, alley, or highway are developed for residential use on the ground level. Said dwellings may be single-unit structures or multi-unit structures.

Stop means the complete cessation of movement.

Stop or stand 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 direction of a police officer or official traffic control device.

Trailer, when applied to stopping/standing/parking, means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, whether or not part of its weight rests upon or is carried by any other vehicle.

Unattached trailer means any trailer (as defined by California Vehicle Code Section 630) that is not securely fastened, connected, or joined to a motor vehicle at all times while parked on a public street, alley, or highway, so that the vehicle and trailer may be immediately driven away.

Vehicle Code means the California Vehicle Code.

Viewing means looking in the direction of the screen of a mobile electronic device.

(Prior code §§ 4-1.01, 4-4.103, 4-4.105, 4-4.112; Ord. 99-791 Exh. A (part); Ord. No. 17-971, § 1, 12-4-17; Ord. No. 25-1013, § I, 12-15-25)