Monterey Municipal Code § 20-48 Use of animal-drawn vehicles in central traffic district restricted

No person shall drive any animal-drawn vehicle into or within the central traffic district between the hours of 4:30 p.m and 6:00 p.m. of any day.

For the purposes of Section 20-48.2 and 20-48.3, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Improved roadway. Any roadway which has been improved or paved with concrete, asphalt or other paving of a semi-permanent nature.

Park. Any park, playground, picnic area, open space, greenbelt or other area used either for recreation or for preservation of the natural conditions. Park shall include all premises which are owned by the City or over which the City has the right of control or use by virtue of a lease, easement or some other legal interest.

Parking Area. Any area appropriately designated by signs or other means.

Roadway. Any street, alley or lane, whether improved or unimproved, for the purposes of vehicular or pedestrian travel, but shall specifically exclude paths and sidewalks.

Vehicle. Any vehicle, motor vehicle, motorcycle, motor scooter, motor driven cycle, or bicycle. Where such words are defined in the California Vehicle Code, such definition shall be applicable.

It shall be unlawful for any person, firm or corporation to operate a motor vehicle within any park in the City, except as follows:

a.Upon an improved roadway.

b.Emergency vehicles operated by governmental agencies in compliance with their duties.

c.Ambulances when picking up injured persons.

d.Vehicles owned and operated by public utilities for the purpose of constructing, maintaining or repairing any public utility.

e.Within designated parking areas.

f.On unimproved roadways where signs are in place indicating that the operation of vehicles on such roadway is permitted.

g.Vehicles operated by employees, contractors or agents of the City for the purposes of construction, repair or maintenance of parks.

h.Vehicles operated by any person, firm or corporation, or the employees, agents or contractors thereof, upon whom a legal duty to construct, maintain or repair is imposed.

a.The City Manager may, after proper investigation, find that the public necessity and convenience requires the use on unimproved roadways by vehicles and that such use can be made without damage to the park or interference with its normal and customary use. Upon such finding, the City Manager is authorized to permit the use of such roadways and to cause appropriate signs to be placed indicating that such use is permitted. The use so permitted may be limited to a certain class or classes of vehicles. The permission granted may at any time, without notice, be revoked by the City Manager and no notice need be given other than the removal of the signs.

b.On showing that the use of unimproved roadways is necessary for construction or other special purposes, the City Manager shall be authorized to grant permits to persons, firms or corporations to use unimproved roadways. Such permits shall be limited to the person, firm or corporation to whom granted, or to their authorized agents and employees. The City Manager may impose reasonable conditions on the permittee to insure the proper use of such roadways, including but not limited to time of operation, restoration of area upon completion, and class or weight of vehicles. The City Manager may further require a bond in an amount necessary to insure compliance with the permit.

a. Motor vehicles prohibited.No person shall drive, operate or propel any motor vehicle on the Alvarado Street Mall.

b. Definitions.

1.The definition of “motor vehicle” and “bicycle” are as set forth in the State Vehicle Code.

2.“Alvarado Street Mall” is defined as the northerly end of Alvarado Street commencing approximately 130 feet northerly of Del Monte Avenue and specifically designated by signs indicating motor vehicles are not permitted beyond said point and continuing northerly to the end of Alvarado Street.

c. Exemptions.The following vehicles are exempt from the prohibitions set forth in subsection (a):

1.Police, fire, ambulance, and other emergency vehicles owned or franchised by the State of California or any of its political subdivisions.

2.Vehicles owned or operated by a public utility, or the contractor of a public utility, while engaged in the construction or repair of public utilities within the right-of-way.

3.Repair vehicles of the City of Monterey while engaged in the construction or repair of public property.

4.Vehicles, excluding automobiles, while being operated by handicapped persons.

5.Bicycles.

6.Public Transit vehicles.

d. Permits.The City Manager may issue special permits to allow motor vehicles to operate on the Alvarado Street Mall under unusual circumstances, such as delivery of heavy equipment, emergency repairs due to fire, flood or other calamity and work that must be done by specialized vehicles. Permits shall not be granted for delivery of goods, wares or merchandise, normal repairs, service or refuse pick-up. In granting permits, the City Manager may make reasonable rules concerning time, place, manner, and duration of the operation of use to ensure the safety of pedestrians using the Mall and the quiet enjoyment of occupants to the adjacent structures. (Ord. 3494 § 2, 2014; Ord. 3485 § 2, 2013)

Notwithstanding provisions of the Monterey City ordinance to the contrary, the City Council may, by resolution, exempt shuttle tram vehicles from compliance with certain and various local ordinances restricting vehicular traffic from sidewalks, walkways, malls, parks, wharves, greenbelt, open space, and other areas where vehicular traffic is restricted or prohibited. Vehicles so exempt shall comply with all other laws and ordinances relating to safe operation including, but not limited to, normal “rules of the road”, and such vehicles will yield the right of way to pedestrians using the same pedestrian access areas.

a. Definitions.

1.“Mobile billboard” means any wheeled conveyance which pulls, carries, conveys, or transports any billboard, sign, or other message for the primary purpose of advertising.

2.“Advertising” means attracting public attention to a business, product, or organization by using paid announcements through print, broadcast, or other media.

b. Purpose.

1.The purpose of this section is to regulate mobile billboards, whose primary purpose is advertising, within the City limits in order to promote public safety by promoting the safe movement of traffic, improving the aesthetic appearance of the City, and reducing air pollution.

c. General Requirements.

1.Except in situations requiring transport from public to private property, it is unlawful for a person or organization to conduct, or cause to be conducted, a mobile board advertisement upon a street or public place within the City where the public has the right of travel.

d. Exemptions.

1.This section does not apply to vehicles, including buses and taxicabs, which display an advertisement or business identification for its owner, as long as the vehicle is engaged in the usual business or regular work of the owner. It should not be used to mainly or primarily display advertisements.

2.All taxicabs operated in the City would continue to be regulated in this regard by Monterey City Code Section 36-10, which requires that all signs displayed on any taxicab shall be approved by the Police Chief. (Ord. 3440 § 1, 2010)