Chapter XVIII — TRAFFIC — Novato Municipal Code

Sections:

18-1 - In General.

18-1.1 Definitions. The following words and phrases when used in this chapter shall for the purposes of this chapter have the following meanings.

Whenever any words or phrases used herein are not defined but are defined in the California Vehicle Code, the vehicle code definition shall apply.

Holidays shall mean January 1, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and Christmas. When a designated legal holiday falls on a Sunday, the following Monday shall be designated as a legal holiday.

Loading zone shall mean the space adjacent to curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight.

Parking meter shall mean any mechanical device which, when the mechanism thereof is set in motion, indicates unexpired parking time for the vehicle parked adjacent thereto.

Parking meter space shall mean parking space of sufficient size to permit the parking of one vehicle only adjacent to a parking meter within a parking meter zone.

Parking meter zones shall mean portions of streets or city-owned or leased land upon which the parking of vehicles is regulated with the aid of parking meters.

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

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

Bicycle lane shall mean that portion of the roadway set aside for the use of bicycles and so designated as a bicycle lane by official signs and/or markings.

Bicycle path shall mean a pathway for bicycles or bicycles and pedestrians located within public right-of-way and designated as a bicycle path by official signs and/or markings.

Horse trail shall mean a pathway for horses or horses and pedestrians located within public right-of-way and designated as a horse trail by official signs and/or markings.

Vehicle code shall mean the Vehicle Code of the State of California.

Vehicle parked or left standing shall mean a vehicle which has been moved less than one-tenth of one mile within a 72-hour period. Any parked or left standing vehicle whose odometer is obscured from view from the outside of the vehicle shall be presumed to have remained stationary.

Camper shall mean a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. A camper having one axle shall not be considered a vehicle.

House car shall mean a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car, except that a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motor truck.

Motor vehicle shall mean a vehicle which is self-propelled.

Motor truck shall mean a motor vehicle designed, used or maintained primarily for the transportation of property.

Passenger vehicle shall mean any motor vehicle, other than a motor truck, truck tractor, or motorcycle, used or maintained for the transportation of persons.

Station wagon shall mean a dual purpose vehicle designed for the transportation of persons and also designed in such a manner that the seats may be moved or folded out of the way for the purpose of increasing the property carrying space within the vehicle. The term includes, but is not limited to, types of vehicles which carry the trade names of station wagon, estate wagon, town and country wagon, and country sedan.

Trailer shall mean a vehicle or movable structure constructed, designed and intended for use, used or capable of being used, as a residence, place of abode, domicile or shelter or enclosure for human habitation, whether mounted permanently upon a moveable chassis, whether equipped with permanent or temporary wheels, tires or running gear, or whether susceptible of being hauled, towed, moved or transported from place to place.

Trailer coach shall mean a vehicle, other than a motor vehicle, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle.

Vehicle shall mean a device, conveyance or other artificial contrivance used or capable of being used as a means for transportation on land, excepting a device used exclusively upon stationary rails or tracks.

(Ord. No. 758, § 1; Ord. No. 1104, § 1; Ord. No. 1372, § 1)

18-2 - Traffic Administration.

18-2.1 Traffic Division - Established. There is hereby established and created in the police department of this city a traffic division to be under the control of an officer of police appointed by and directly responsible to the chief of police.

(Ord. No. 758, § 2)

18-2.2 Same - Duties Generally. It shall be the duty of the traffic division, with such aid as may be rendered by other members of the police department, to enforce the traffic regulations of this city and all of the State vehicle laws applicable to street traffic in this city; to make arrests for traffic violations; to investigate traffic accidents; to cooperate with the city traffic engineer and other officers of this city in the administration of the traffic laws and in developing ways and means to improve traffic conditions; and, to carry out those duties especially imposed upon the division by this and any other traffic ordinances of the city.

(Ord. No. 758, § 3)

18-2.3 Office of City Traffic Engineer. The office of city traffic engineer is hereby established. The city engineer shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter.

(Ord. No. 758, § 4)

18-2.4 Same - Duties Generally; Limitations on Authority. It shall be the general duty of the city traffic engineer to determine the installation and proper timing and maintenance of traffic-control devices and signals; to conduct engineering analyses of traffic accidents and devise remedial measures; to conduct engineering investigations of traffic conditions; to cooperate with other officials of this city in the development of ways and means to improve traffic conditions; and, to carry out the additional powers and duties imposed by ordinances of this city. Whenever by the provisions of this chapter a power is granted to the city traffic engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or a person authorized in writing by him.

(Ord. No. 758, § 5)

18-2.5 Traffic Safety Advisory Committee - Established; Compensation; Composition; Chairman. There is hereby established a traffic safety advisory committee to serve without compensation, consisting of the city traffic engineer, the chief of police, the police department school traffic safety officer, and such school district, PTA, general citizen, law enforcement, and technical representatives as may be appointed by the city council. The chairman of the traffic safety advisory committee shall be the city traffic engineer or his deputy or other member as may be agreed by the committee.

(Ord. No. 758, § 6)

18-2.6 Same - Duties. It shall be the duty of the traffic safety advisory committee to:

Receive and make recommendations concerning complaints having to do with traffic matters;

Stimulate and assist in the preparation and publication of traffic safety reports;

Recommend to the city council, to the police chief, and to the city traffic engineer ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

(Ord. No. 758, § 7)

18-3 - Enforcement and Obedience to Traffic Regulations.

18-3.1 Authority of Police and Fire Department Officers.

It shall be the duty of the officers of the police department, or such officers as are assigned by the chief of police, to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in the city.

Officers of the police department, or such officers as are assigned by the chief of police, are hereby authorized to direct all traffic by voice, hand or signal, in conformance with traffic laws; provided, that in the event of a fire

or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.

Officers of the fire district, when at the scene of a fire or other emergency or when in the course of their duties protecting the personnel or equipment of the fire district, shall have authority to direct traffic thereat or in the immediate vicinity, subject to police control or supervision.

Officers of the police department are hereby authorized to enforce traffic laws on private roads or on private parking facilities upon adoption of necessary resolutions by the city council.

(Ord. No. 758, § 8)

18-3.2 Public Employees to Obey Traffic Regulations. The provisions of this chapter shall apply to the driver or any vehicle owned by or used in the service of the United States Government, this State, and any county or city.

(Ord. No. 758, § 9)

18-3.3 Obstruction or Interference with Police or Authorized Officers. No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this chapter. The removal, obliteration, or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction.

(Ord. No. 758, § 10)

18-3.4 Obedience to Traffic Control Device. The operator of any vehicle, train or bicycle, or the person in control of any animal or animal-drawn conveyance shall obey the instructions of any official traffic control device placed in accordance with this chapter unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls.

(Ord. No. 758, § 11)

18-3.5 When Vehicles may be Removed from Streets. Any regularly employed and salaried officer of the police department of this city may remove or cause to be removed:

Any vehicle that has been parked or left standing upon a street or highway for more than seventy-two consecutive hours.

Any vehicle which is parked or left standing upon a 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 for 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 vehicle would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the removal.

(Ord. No. 758, § 12)

18-3.6 Emergency Traffic Regulations.

Whenever the chief of police determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, he shall have the power and authority to order temporary signs to be erected or posted indicating that the operation, parking, or standing of vehicles is prohibited on such streets and alleys as the chief of police directs during the time the temporary signs are in place. The signs shall remain in place only during the existence of the emergency, and the chief of police shall cause the signs to be removed promptly thereafter.

When signs authorized by the provisions of this subsection are in place giving notice thereof, no person shall operate, park, or stand any vehicle contrary to the directions and provisions of the signs.

(Ord. No. 758, § 13)

18-3.7 Nonstudent Crossing Guards. Nonstudent crossing guards may be appointed by the police chief where authorized by the city council pursuant to Section 21100 of the Vehicle Code. Pursuant to Vehicle Code Section 2815, no person shall disregard any traffic signal or direction given by such nonstudent crossing guard.

(Ord. No. 758, § 14)

18-4 - Accident Reporting.

18-4.1 Report of Damage to Certain Property.

The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic control device or other property of a like nature located in or along any street, shall within 24 hours after the accident make a written report of the accident to the police department of this city.

Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of the vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in the accident.

A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time the driver is physically incapable of making a report, but in such event the driver shall make a report as required in paragraph a of this subsection within 24 hours after regaining ability to make such report.

(Ord. No. 758, § 15)

18-4.2 Traffic Accident Report System. The police department traffic division shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the city traffic engineer.

(Ord. No. 758, § 16)

18-4.3 Annual Traffic Report. The traffic division shall annually prepare a traffic report. The report shall contain information on traffic matters in this city as follows:

The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data.

The number of traffic accidents investigated and other pertinent data on the traffic safety activities of the police department,

The plans and recommendations of the division for future traffic safety activities.

(Ord. No. 758, § 17)

18-4.4 Traffic Accident Studies. Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the city traffic engineer in conducting studies of such accidents and determining possible remedial measures.

(Ord. No. 758, § 18)

18-5 - Traffic Control and Traffic Control Devices.

18-5.1 Traffic Regulations - Established by Council. Whenever, after a report thereon by the traffic safety advisory committee the city council finds and determines that the public convenience and safety requires that vehicular traffic upon any street, alley, or public parking facility, or upon authorized private roads or private off- street parking facilities, or any portion thereof or boats or vessels upon any waterway or portion thereof be controlled or regulated by the creation and establishment of one or more of the types of controls or zones provided for in this subsection, the city council shall have the authority to so create and establish such controls or zones by resolution. Such resolution shall describe the street, alley, public parking facility, authorized private road or private off-street parking facility, waterway or portion thereof to be affected, by its official name or such other description or designation as will, in the opinion of the city traffic engineer, properly describe and give notice thereof; describe the regulation or control; describe the manner in which the vehicular and boat traffic will be controlled; describe the type of signs, notices, markings, meters or other devices to be erected or

installed; and shall contain such other pertinent information as will properly give notice of the purpose and intent to be accomplished by the regulations.

The controls or zones to be established by city council resolution in accordance with the provisions of this section are as follows:

One-way Streets. Providing that traffic shall move in only one direction thereon and providing for the erection of proper signs.

Through Streets. Providing that traffic shall stop before entering such streets at intersections and providing for the erection of proper signs.

Stop Intersections. Providing that all vehicles stop at certain intersecting streets before entering intersection and providing for the erection of proper signs.

Railroad Stops. Providing that traffic shall stop before crossing the railroad tracks at certain street grade crossings and providing for the erection of proper signs.

Truck Routes. Providing that certain routes over certain streets in the city be declared truck routes for the movement of vehicles exceeding a gross maximum weight of three tons and providing for erection of appropriate signs.

Parking Meters on Certain Enumerated Streets and Parking Facilities. Designating certain streets as parking meter zones and providing for the installation of parking meters on the streets within such zones and upon parking facilities established to provide off-street parking and providing that coins of designated denominations be deposited in such meters during the time vehicles are parked at the meter locations.

Riding of Motorized Bicycles on Sidewalks, Bicycle Paths, and Hiking or Recreational Trails. Providing that motorized bicycles may be ridden on certain sidewalks, bicycle paths, and recreational trails.

Speed Limits. Providing for the establishment, based on an engineering and traffic survey, of prima facie speed limits on certain streets and waterways and providing for the erection of appropriate signs.

Private Roads Open to Public Use and Subject to the Provisions of the Vehicle Code. Providing that after notice to the owner and public hearing as provided in Section 21107.5 of the Vehicle Code certain private streets shall be subject to the provisions of the Vehicle Code.

Private Roads Not Open to Public Use and Subject to the Provisions of the Vehicle Code. Providing that after notice to the owner and public hearing as provided in Section 21107.7 of the Vehicle Code certain private streets shall be subject to the provisions of the Vehicle Code.

Privately Owned and Maintained Off-Street Parking Facilities Open to Public Use and Subject to Vehicle Code Section 21107.8. Providing that after notice to the owner and public hearing, certain privately owned and maintained off-street parking facilities shall be subject to the provisions of Section 21107.8 of the Vehicle Code.

Preferential Parking Areas. Designating certain streets upon which pursuant to Section 22507 of the Vehicle Code preferential parking privileges shall be given to residents and merchants adjacent thereto and prescribing rules and regulations pertaining to such preferential parking privileges.

Traffic Signal Intersections. Designating those intersections at which traffic shall be controlled by official traffic control signals and providing for the installation of such signals.

Special Use Waterway Areas. Designating certain waterways or portions thereof where certain activities are prohibited and providing for the erection of proper signs (per authority of Section 660 of the harbors and navigation code).

(Ord. No. 758, § 19; Ord. No. 1121, § 1; Ord. No. 1162, § 1)

18-5.1.1 Traffic Regulations - Authority of Council. The city council may exercise any of the authority granted to the city traffic engineer under this chapter. Any action taken by the council shall be taken by resolution after receiving a report from the traffic safety advisory committee.

(Ord. No. 1266, § 1)

18-5.2 Traffic Regulations - Established by City Traffic Engineer. The city traffic engineer shall have the duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this chapter.

The city traffic engineer may also place and maintain or cause to be placed and maintained such additional official traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic, or that will promote the public safety and convenience. He shall make such determination upon the basis of traffic engineering principles and traffic investigations and in accordance with the standards, limitations and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the city council. The

traffic safety advisory committee may be consulted by the city traffic engineer to obtain its recommendation in traffic matters.

To carry out the foregoing powers the city traffic engineer is authorized to so regulate the following:

Yield Right-of-Way Locations. Providing for installation of yield signs pursuant to Section 21356 of the Vehicle Code at certain intersections or at turning lanes at intersections.

Restricted Turn Locations. Providing for installation of signs pursuant to Section 22101 and 22113 of the Vehicle Code to prohibit or restrict the making of right, left, or U-turns at certain intersections or locations.

Angle Parking. Providing for the installation of signs and/or roadway markings designating those locations at which vehicles shall park at an angle to the curb.

Parking Restrictions or Prohibitions. Providing for the following types of parking restrictions or prohibitions and the times during which such restrictions or prohibitions shall apply:

No stopping, standing, or parking.

No parking.

Parking permitted for a limited time.

Parking for loading or unloading passengers or passengers and freight.

Bus zones.

Taxicab zones.

Parking prohibited except for vehicles bearing special licenses, plates or placards issued by the California Department of Motor Vehicles.

Bicycle Parking Regulations. Pursuant to Section 21210 of the Vehicle Code providing for signs and markings indicating prohibited bicycle parking areas.

Regulation of bicycles on pedestrian or bicycle facilities. Pursuant to Section 21206 of the Vehicle Code, providing for signs and markings regulating the parking and operation of bicycles on pedestrian or bicycle facilities.

Bicycle lanes pursuant to Section 21207 of the Vehicle Code.

Center line and lane markings to indicate the course to be traveled by vehicles.

Distinctive roadway markings as provided for in Sections 21459, 21460, and 21460.5 of the Vehicle Code.

Signs and markings pursuant to Sections 275 and 21106 of the Vehicle Code indicating pedestrian crosswalks or where pedestrian crossing is prohibited.

Traffic devices at intersection of a street and private road or driveway. Pursuant to Section 21360 of the Vehicle Code.

Equestrian crossing locations. Pursuant to Section 21805 of the Vehicle Code.

(Ord. No. 758, § 20)

18-5.3 Authority to Remove, Relocate, or Discontinue Traffic Control Devices. The city traffic engineer is hereby authorized to remove, relocate, or discontinue the operation of any traffic control device not specifically required by State law or this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist.

(Ord. No. 758, § 21)

18-5.4 Traffic Control Devices - Hours of Operation. The city traffic engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter.

(Ord. No. 758, § 22)

18-6 - Driving and Safety Rules.

18-6.1 Driving Onto or From Limited-Access Roadway. No person shall drive a vehicle onto or from any limited- access roadway except at such entrances and exits as are established by public authority.

(Ord. No. 758, § 23)

18-6.2 Riding Skateboards, In-Line Skates or Skates, Scooters, etc., on Roadways and on Private Property Areas Open to the Public.

No person shall ride in, on or operate any skateboard, inline skate or skates, scooters, toy vehicles or any other similar device upon any roadway except in designated bike lanes, or in the absence of a bike lane or sidewalk, on the roadway facing traffic in compliance with the Vehicle Code Section 21956.

Private Property Areas Open to the Public. No person shall ride in, on or operate any skateboards, in-line skates or skates, scooters, toy vehicles or any other similar devices in or upon any shopping mall, shopping center, parking lot, or other private property area open to the public, where signs are posted prohibiting such activities. Such signs shall (1) be placed in a conspicuous area(s); (2) have a dimension of not less than 17 by 22 inches, with lettering of not less than one inch high; (3) state that such activities are prohibited on the property; and (4) cite this subsection number or municipal Code section. Nothing in the ordinance would preclude, however, the use of skateboards, in-line skates or skates, scooters, toy vehicles or any other similar devices as a means of transportation to a mall or shopping center.

Pedestrian Facilities. No person shall ride in, on or operate any skateboard(s), inline skates, motor scooters, scooters, toy vehicles or any other similar devices in or upon any sidewalk where signs, approved by the city council, are posted prohibiting such activities or other pedestrian facility.

(Ord. No. 758, § 24; Ord. No. 1332, § 2; Ord. No. 1448, § 1)

18-6.3 Vehicles with Tires or Wheels of Sharp or Uneven Surface. It is unlawful for any person to drive, or cause or permit to be driven, along or upon any paved street, alley or public place in this city, any vehicle, implement or traction engine having any tire or wheel, to any part of which, there is attached a sharp or uneven surface, or to any tire, wheel or part of which, there is attached cleats or spikes or uneven surface or any device that will cause, or will have a tendency to cause, damage or injury to the pavement of such street; provided, however, that the director of public works may issue permits to move such vehicles over the streets of the city upon ascertaining that such vehicles, in his opinion, will not cause damage or injury to the streets; provided, further, that nothing herein contained shall be deemed to prohibit the use of any skid chains on rubber tires attached to the wheels of motor vehicles.

(Ord. No. 758, § 25)

18-6.4 Railroads - Train Not to Block Street. No person shall operate any train or train of cars, or permit the same to remain standing, so as to block the movement of traffic upon any street for a period of time longer than five minutes.

(Ord. No. 758, § 26)

18-6.5 Use of Advertising Vehicle and Vehicle Equipped with Sound Amplifying Devices Upon Streets and Alleys. No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle equipped with a sound-amplifying or loud-speaking device upon any street or alley at any time without a permit signed by the city manager.

(Ord. No. 758, § 27)

18-6.6 Electric Carts - Operation on Sidewalks. The operation of electric carts on sidewalks is hereby authorized for the following persons:

Physically disabled persons or persons 50 years of age or older providing such persons first obtain from the police department and affix to the electric cart which is to be driven an identification sticker issued pursuant to Section 21114.5 of the Vehicle Code.

While in the course of their employment, employees of the United States Postal Service, State and local governmental agencies, or utility companies.

(Ord. No. 758, § 28)

18-7 - Stopping, Standing and Parking.

18-7.1 Application of Section. The provisions of this section prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

The provisions of this section imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the vehicle code or the ordinances of this city, prohibiting or limiting the standing or parking of vehicles in specific places or at specified times.

(Ord. No. 758, § 29)

18-7.2 Stopping, Standing or Parking on Parkways, Bicycle Lanes, Bicycle Paths or Horse Trails. No person shall stop, stand or park a vehicle on any parkway, bicycle lane, bicycle path or horse trail.

(Ord. No. 758, § 30)

18-7.3 Parking for More Than Seventy-Two Hours Prohibited. No person who owns or has possession, custody or control of any vehicle or trailer shall park such vehicle or trailer upon any street or alley for more than 72 consecutive hours.

(Ord. No. 758, § 31)

18-7.4 Same — Removal of Vehicle from Street. In the event a vehicle is parked or left standing on a street or highway in excess of 72 consecutive hours, any member of the police department authorized by the chief of police may remove the vehicle from the street as authorized by Vehicle Code Section 22651.

(Ord. No. 758, § 32; Ord. No. 1104, § 2)

18-7.5 Parking for Purposes of Advertising, Servicing or Repairing. No person shall park a vehicle upon any street for the principal purpose of:

Advertising or directing attention to an establishment in the vicinity of the vehicle by signs installed on the vehicle.

Servicing or repairing the vehicle except when necessitated by an emergency.

(Ord. No. 758, § 33; Ord. No. 1262, § 1)

18-7.6 Parking on Grade. No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent within any business or residence district without blocking the wheels of the vehicle by turning them against the curb or by other means and setting the safety brake.

(Ord. No. 758, § 34)

18-7.7 Parking Parallel with Curb.

Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such stopping or standing.

In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left hand side of such one-way roadway unless signs are in place permitting such standing or parking.

The city traffic engineer is authorized to determine when standing or parking shall be prohibited upon the left hand side of any one-way street or when standing or parking may be permitted upon the left hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.

The requirement of parallel parking shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods, in which case that vehicle may be backed up to the curb, provided that the vehicle does not extend beyond the center line of the street and does not block traffic thereby.

(Ord. No. 758, § 35)

18-7.8 Diagonal Parking by Vehicles Over 20 Feet in Length. It is unlawful for any vehicle, or combination of vehicles, over 20 feet in length to park diagonally or perpendicularly on a street.

(Ord. No. 758, § 36)

18-7.9 Parking Prohibited on Narrow Streets. Parking of vehicles is prohibited unless an unobstructed distance of not less than six feet is maintained to the center line or to the center of the improved or main traveled portion of the street.

(Ord. No. 758, § 37)

18-7.10 Parking in Limited Curb Parking Space. For the purpose of this subsection, a "limited curb parking space" shall mean an area open for lawful parking alongside of and adjacent to a curb, which area is not of sufficient length to permit two or more vehicles to freely move for parking therein at the same time.

Any person seeking to park his vehicle in a limited curb parking space, whose vehicle arrives at the parking space prior to any other vehicle and who proceeds beyond the space a distance not to exceed ten feet for the purpose of backing his vehicle therein, shall have the right of way over any person driving or attempting to drive any other vehicle directly into such limited curb parking space or who in any manner obstructs such limited curb parking space and the driver of such other vehicle shall yield the right of way to the driver who first arrived at the parking space.

(Ord. No. 758, § 38)

18-7.11 Compliance with Signs or Curb Markings. When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions are in place, no person shall stop, park, or leave standing any vehicle upon any street or alley at any time or in any manner forbidden or contrary to said signs or markings.

(Ord. No. 758, § 39)

18-7.12 Curb Markings to Indicate Standing, Stopping and Parking Regulations. Curb markings for regulation of parking pursuant to Section 21458 of the Vehicle Code shall have the following meanings:

RED shall mean no stopping, standing or parking at any time except as permitted by the vehicle code and except that a bus may stop in a red zone marked or signed as a bus zone.

YELLOW shall mean no stopping, standing, or parking at any time between 7 a.m. and 6 p.m. of any day, except Sunday and holidays, for any purpose other than the loading or unloading of passengers or freight; provided, that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of freight more than one hour.

WHITE shall mean stopping, only for the purpose of loading or unloading of passengers, or for the deposit of mail in an adjacent mailbox for a time not to exceed three minutes. Such restrictions shall apply at all times unless otherwise designated by the signs authorized pursuant to this chapter.

GREEN shall mean no standing or parking for a longer period that designated by the city traffic engineer and posted with signs authorize pursuant to this chapter.

BLUE shall mean no standing or parking except for a vehicle which bears a special license or displays a special placard issued under the provisions of the California Vehicle Code. Parking zones for the physically handicapped are subject o any temporary parking prohibitions established by the city traffic engineer. Parking or standing by such vehicles shall not exceed a period designated by the city traffic engineer and posted with signs authorized pursuant to this chapter.

(Ord. No. 758, § 40)

18-7.13 Provisions For Vehicles of Handicapped Persons.

On-Street Parking. The city traffic engineer may, where determined necessary to promote the public welfare, designate special "blue curb" parking spaces for the purpose of providing on-street parking for exclusive use by physically handicapped persons.

Off-Street/Publicly Owned Facilities. The city traffic engineer may post signs as required by Section 22507.8 of the Vehicle Code to designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities in which stalls or spaces no vehicle shall park unless the vehicle bears a special license or displays a special placard issued under the provisions of the California Vehicle Code.

Off-Street/Privately Financed Facilities. The city hereby declares that there are privately owned and operated parking facilities which may reserve parking stalls for exclusive use by physically handicapped persons. The city council may by resolution make the provisions of Section 22507.8 of the Vehicle Code applicable to the privately owned and operated parking facilities.

(Ord. No. 758, § 41)

18-7.14 Parking Space Markings; Single Vehicle to Occupy Only One Space. When parking space markings to indicate parking spaces adjacent to curbings are placed in the highway subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space, unless the size or shape of such vehicle makes compliance impossible.

When signs or markings are in place indicating angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.

(Ord. No. 758, § 42)

18-7.15 Parking on Private Property. No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of the driveway or property.

(Ord. No. 758, § 43)

18-7.16 Parking on City Property. Whenever the city traffic engineer shall determine that the orderly, efficient conduct of this city's business requires that parking or standing of vehicles on city property including off-street parking facilities be prohibited, limited or restricted, and that vehicles parked in violation of such restrictions should be removed, the city traffic engineer shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted, and that vehicles parked in violation of such sections will be removed. When signs authorized by the provisions of this subsection are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs.

(Ord. No. 758, § 44; Ord. No. 1104, § 3)

18-7.17 Bus Stands and Taxicab Stands.

The curb surface within each bus and taxicab stand shall be painted white and marked, "Bus Stand" or "Taxicab Stand" in red lettering or shall be designated by signs of a type and size approved by the city traffic engineer.

It is unlawful for the operator of any vehicle, other than a bus, taxicab, or automobile for hire to park a vehicle in the bus or taxicab stand.

(Ord. No. 758, § 45)

18-7.18 Stopping, Standing or Parking in Alley. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or freight in any alley.

(Ord. No. 758, § 46)

18-7.19 Stopping, Standing or Parking Between 2 A.M. and 6 A.M. Limited.

No person shall park a vehicle which exceeds either 24 feet in length or 96 inches in width on any street within or adjacent to a residentially zoned area for a period of time longer than 30 minutes between the hours of 2 a.m. and 6 a.m. of any day, except (1) while such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block in which the vehicle is parked and time in addition to such 30 minute period is reasonably necessary to complete such service, (2) while a construction or maintenance vehicle is parked in connection with, and in aid of, work upon a street or utilities in a street, or (3) under the circumstances described in paragraph b below. For purposes of this paragraph, "residentially zoned area" shall include any "R" district and the residential portions of any "P-C" district.

Notwithstanding paragraph a, below, a house guest of the occupant of a residentially zoned area may park any house car or any vehicle to which a camper has been temporarily attached on the street or alley in front of the premises in which such occupant resides for a period not to exceed 14 days. The owner or user of the vehicle

shall place on the windshield, dashboard or other conspicuous place upon the vehicle a notice indicating the address of the property at which he is a guest and the date the parking commenced. Such notices shall be on form issued by the city manager in accordance with administrative regulations established therefor.

Use of vehicle for human habitation prohibited; Exception. With the exception of house cars and campers permitted pursuant to subsection b of this section, no person shall use or occupy or permit the use or occupancy of, any vehicle, motor vehicle, passenger vehicle, station wagon, trailer, trailer coach, camper, house car or truck for human habitation within the city.

(Ord. No. 758, § 47; Ord. No. 1372, § 2)

18-7.20 Unlawful Parking; Peddlers, Vendors.

Except as otherwise provided in this subsection, no person shall stand or park any vehicle, wagon, or pushcart from which goods, wares, services, merchandise, fruits, vegetables, or food stuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within the city, except that such vehicles, wagons, or pushcarts may stand or park only at the request of a bona fide purchaser for a period of not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business of distribution.

Nothing in this subsection 18-7.20 shall apply to a mobile food vending vehicle as defined by section 18-15 of this code.

(Ord. No. 758, § 48)

(Ord. No. 1570, § 2, 1-10-2012)

18-7.21 Preferential Parking Privileges. The city council may by resolution designate certain streets or portion of streets upon which preferential parking privileges shall be given to residents and merchants adjacent to such streets under which the residents or merchants may be issued a permit which exempts them from the prohibition or restriction of such parking restrictions as may be established by the city traffic engineer.

Permits shall be issued by the police department subject to rules and regulations adopted by resolution of the city council.

(Ord. No. 758, § 49)

18-7.22 Stopping, Standing, and Parking of Recreational Vehicles—Prohibited.

Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Recreational vehicle or RV shall mean any vehicle or trailer which is capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated as a recreational vehicle by and bearing the insignia of the State of California or any other state or federal agency having the authority to approve recreational vehicles. "Recreational vehicle" may include, without limitation, any of the following: a "camp trailer," as defined by California Vehicle Code Section 242; a "fifth-wheel travel trailer," as defined by California Vehicle Code Section 324; a "house car," as defined in California Vehicle Code Section 362; a "trailer" as defined in California Vehicle Code Section 630; a "trailer coach," as defined in California Vehicle Code Section 635; a mobile home, as defined by California Vehicle Code Section 396; a boat, watercraft, and/or a trailer for a boat or watercraft; a "park trailer" as defined in California Health and Safety Code Section 18009.3; a "recreational vehicle" as defined in California Health and Safety Code Section 18010; and a "truck camper" as defined in California Health and Safety Code Section 18013.4.

Resident shall mean a person who customarily resides and maintains a place of abode or who owns land within the city. It shall not mean a person who maintains an address at a mailbox drop, or who rents a room which is not his or her primary place of abode, nor shall it mean a person who maintains only a post office box, unless that person also provides evidence of residence at a street address within the city.

Out-of-town visitor shall mean any person who does not reside in the city who is temporarily visiting as a guest of a resident of the city, and who has applied for a temporary RV parking permit pursuant to subsection d., below.

Prohibitions.

Notwithstanding anything in subsection 18-10.1 of this code to the contrary, except as provided in subsections c. and d. of this section, no person shall park, stop, or leave standing any recreational vehicle upon any public highway or public right-of-way or public property within the city.

No person shall display a fraudulent, forged, altered, or counterfeit temporary RV parking permit or permit number with the intent to avoid compliance with this section.

Exemptions. The prohibitions in this section shall not apply to any of the following:

A recreational vehicle for which a temporary RV parking permit has been issued by the chief of police, or his designee, as provided in subsection d.;

A recreational vehicle parked, stopped, or left standing as a result of a mechanical breakdown so as to allow the performance of emergency repairs on the vehicle for a period not to exceed 24 hours;

Any public emergency vehicle.

Temporary RV Parking Permits.

Temporary RV Parking Permits—Purpose. The purpose of authorizing the issuance of temporary RV parking permits is to give owners of recreational vehicles the opportunity, for a limited time, to park the recreational vehicle on a public street or highway directly in front of (or on the side of the property if it is a corner lot) their residence for purposes of loading, unloading or cleaning, and to allow an out-of-town visitor who owns a recreational vehicle to park on a public street or highway directly in front of (or on the side of the property if it is a corner lot) the residence which the out-of-town visitor is visiting for a limited time period, and to allow a recreational vehicle to be used on a temporary basis for a community-serving event, or, in order to provide flexibility in administration, as deemed appropriate by the chief of police, or his/her designee.

Temporary RV Parking Permits—Limitations.

(a)

A resident with a temporary RV parking permit who parks, stops, or leaves standing his/her recreational vehicle on a public street or highway other than directly in front of (or on the side of the property if it is a corner lot) his/her residence will be subject to citation, towing, or both.

(b)

An out-of-town visitor with a temporary RV parking permit who parks, stops, or leaves standing his/her recreational vehicle on a public street or highway other than directly in front of (or on the side of the property if it is a corner lot) the residence which the out-of-town visitor is visiting will be subject to citation, towing, or both.

(c)

No person shall cause or permit any electrical, water, gas, telephone or other utility connection from any property to a recreational vehicle parked, stopped, or left standing on a public highway or street, including but not limited to electrical cords, extension cords, hoses, or cables, to encroach into any public right-of-way, including across or above any street or sidewalk.

Temporary RV Parking Permits—Application and Issuance. The chief of police, or his/her designee, is authorized to issue temporary RV parking permits, pursuant to the following:

(a)

Residents. Each resident desiring a temporary RV parking permit shall file with the police department a completed city application form, signed under penalty of perjury, containing the following:

(1)

The name, address, and phone number of the registered owner of the designated recreational vehicle;

(2)

The name, address, and phone number of the applicant(s) for the permit;

(3)

Proof of residency. Acceptable proof of residency must be current and must include a California Driver's License or California Identification Card, and either a property tax bill or a public utility bill showing the applicant to be the owner of the residence in question;

(4)

The registration from the California Department of Motor Vehicles for the recreational vehicle or trailer that shows the recreational vehicle is registered in the City of Novato and is owned by the applicant;

(5)

The license number, make, and model of the designated recreational vehicle;

(6)

The dates for which the permit is requested; and

(7)

Additional information the parking services department may require.

(b)

Out-of-town visitors. Each out-of-town visitor desiring a temporary RV parking permit shall file with the police department a completed city application form, signed under penalty of perjury, containing the following:

(1)

The name, address, and phone number of the registered owner of the designated recreational vehicle;

(2)

The name, address, and phone number of the applicant(s) for the permit;

(3)

The registration from the California Department of Motor Vehicles, or equivalent agency for another state, for the recreational vehicle;

(4)

The name, address, and phone number of the resident who is being visited;

(5)

The license number, make, and model of the designated recreational vehicle;

(6)

The dates for which the permit is requested; and

(7)

Additional information the parking services department may require.

(c)

Community-serving uses and others. Each person or organization desiring a temporary RV parking permit shall file with the police department a completed city application form, signed under penalty of perjury, containing the following:

(1)

The name, address, and phone number of the registered owner of the designated recreational vehicle;

(2)

The name, address, and phone number of the applicant(s) for the permit;

(3)

The registration from the California Department of Motor Vehicles, or equivalent agency for another state, for the recreational vehicle;

(4)

The event or purpose for which the RV will be parked;

(5)

The license number, make, and model of the designated recreational vehicle;

(6)

The dates for which the permit is requested; and

(7)

Additional information the parking services department may require.

Temporary RV Parking Permits—Display. Temporary RV parking permits issued and approved by the parking services department shall include the license plate number of the designated recreational vehicle, the date of permit issuance, and the day of permit expiration.

(a)

Permits shall be displayed in the lower driver's side of the windshield or nearest window of the recreational vehicle for which it has been issued so that it is clearly visible from the exterior of the vehicle. Permits shall be displayed on the side of the recreational vehicle for which it has been issued so that it is visible from the street, which is usually the left side.

(b)

The chief of police, or his designee, is authorized to set up a temporary RV parking permit call-in phone number or an internet processing system.

Temporary RV Parking Permits—Duration.

(a)

Residents. A temporary RV parking permit issued to a resident shall be valid for one calendar day. A resident may request no more than three consecutive temporary RV parking permits (a total of three calendar days of parking) at one time. Upon expiration of the permit, the applicant may apply for and be granted additional temporary RV parking permits if the applicant still qualifies under the conditions set forth in this section. In no event shall any resident and/or designated recreational vehicle be issued more than 36 temporary RV parking permits for residents in any calendar year.

(b)

Out-of-town visitors. A temporary RV parking permit issued to an out-of-town visitor shall be valid for a period not to exceed eight consecutive calendar days. Upon expiration of the permit, the applicant may apply for and be granted additional temporary RV parking permits if the applicant still qualifies under the conditions set forth in this section. The temporary RV parking permit will be tied to the residence being visited. In no event shall any person, residence and/or designated recreational vehicle be issued more than 12 temporary RV parking permits for out-of-town visitors in any calendar year).

(c)

Community-serving uses. A temporary RV parking permit may be issued for a temporary community-serving use, such as a blood drive or mobile library stop, and shall be valid for a period not to exceed 12 hours. In no event shall any person or organization be issued more than 12 temporary RV parking permits for community- serving uses in any calendar year.

(d)

Other. The chief of police, or his designee, within their discretion, may issue temporary RV parking permits for such other purposes and time periods, and with such conditions, as he or she shall deem appropriate for the

promotion of the public health, safety or general welfare.

Violations. In the event an RV is parked or left standing in violation of this section said RV may be immediately removed in accordance with California Vehicle Code Section 22651.

Signs. The director of public works shall post streets signs giving notice of the parking prohibitions herein at appropriate locations on streets within the city, including at the entrances and exits to the city. Such signs shall give notice that vehicles violating this section may be cited/and or towed at the owner's expense.

(Ord. No. 1621, § 1, 10-10-2017)

18-8 - Pedestrians.

18-8.1 When Pedestrians Must Use Crosswalks. No pedestrians shall cross a roadway other than a crosswalk in any business district.

(Ord. No. 758, § 50)

18-8.2 Crossing at Right Angles. No pedestrians shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk.

(Ord. No. 758, § 51)

18-8.3 Standing in Roadways. No person shall stand in any roadway or in a crosswalk other than in a safety zone, if such action interferes with the lawful movement of traffic. This subsection shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in line of duty.

(Ord. No. 758, § 52)

18-9 - Bicycle Licensing and Regulations.

18-9.1 License Required. It shall be unlawful for any resident to operate a bicycle or motorized bicycle upon any street, road, highway or other public property within the jurisdiction of this city without first obtaining a bicycle license issued pursuant to Division 16.7 of the Vehicle Code.

(Ord. No. 758, § 53)

18-9.2 License Fee. The National Bike Registry (NBR) shall set the license fee for bicycles and motorized bicycles.

(Ord. No. 758, § 54; Ord. No. 1487, § 1)

18-9.3 Issuance of a License. Residents are required to register bicycle and motorized bicycles through the National Bike Registry (NBR). NBR registration packets can be purchased at many retail bicycles stores or on line at www.nationalbikeregistry.com. A tamper-resistant, serialized security label is issued and details are entered into a nationwide database. The NBR allows police departments to track bicycles nationwide and improves the odds for recovering stolen bicycles.

(Ord. No. 758, § 55; Ord. No. 1487, § 2)

18-9.4 Bicycle Parking and Operation on Pedestrian or Bicycle Facilities and Private Property Areas Open to the Public.

No person shall park or operate a bicycle on any pedestrian or bicycle facility contrary to the posted signs and/or markings.

Bicycles may be ridden on sidewalks except where posted otherwise and provided that due care is used and provided that pedestrians shall have the right-of-way at all times while upon sidewalk.

Bicycles may not be operated in an unsafe manner (which is defined as, but not limited to, speed, unsafe for existing condition, or stunts) in or upon any shopping mall, shopping center, parking lot or other private property area open to the public, where signs are posted prohibiting such activities. Such signs shall be placed in conspicuous area(s), have a dimension of not less than 17 x 22 inches, state the particular activities prohibited on the property and City Ordinance Code Number or municipal section.

(Ord. No. 758, § 56; Ord. No. 1332, § 3)

18-10 - Truck Routes and Parking.[1]

18-10.1 Vehicles Exceeding Weight Limit Prohibited. Pursuant to Section 35701 of the Vehicle Code, any vehicle exceeding the maximum gross weight limit of five tons is hereby prohibited from traveling upon or parking upon the following streets:

All city streets for their entire length within the limits of the City of Novato, with the exception of Redwood Boulevard between Rowland Boulevard and San Marin Drive, Atherton Avenue, DeLong Avenue from Redwood Boulevard to Highway 101 Bypass, Novato Boulevard westerly of Diablo Avenue, Diablo Avenue easterly of Novato Boulevard, San Marin Drive, Rowland Boulevard between Redwood Boulevard and Highway 101.

(Ord. No. 758, § 57; Ord. No. 1121, § 2)

18-10.2 Designated Truck Route Streets. As authorized for under subsection 18-10.1, the streets described below are hereby designated to be streets upon which traveling or parking upon is permitted by any vehicle exceeding a maximum gross weight limit of five tons. The city traffic engineer shall designate the following streets by appropriate signs as a "truck route" for the movement of such vehicles:

Redwood Boulevard between Rowland Boulevard and San Marin Drive, Atherton Avenue, DeLong Avenue from Redwood Boulevard to Highway 101 Bypass, Novato Boulevard westerly of Diablo Avenue, Diablo Avenue easterly of Novato Boulevard, San Main Drive, Rowland Boulevard between Redwood Boulevard and Highway 101.

(Ord. No. 758, § 58; Ord. No. 1121, § 3)

18-10.3 Exceptions. The operator of any vehicle exceeding the weight limit of five tons shall drive or park on such truck route and none other, except that nothing in this chapter shall prohibit any such commercial vehicle coming from a truck route having ingress and egress by direct route to and from restricted streets, when necessary for the purpose of making pick-ups or deliveries of merchandise from or to any building located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets, for which a building permit has previously been issued. The provisions of this chapter shall not apply to passenger busses under the jurisdiction of the public utilities commission or to any vehicle owned by a public utility or licensed contractor while necessarily in use in the construction installation or repair of any public utility.

(Ord. No. 758, § 59; Ord. No. 1121, § 4)

18-10.4 On-street Parking of Commercial Vehicles.

Residential Districts. No person shall park any commercial vehicle, as defined by Section 260 of the California Vehicle Code, of more than 10,000 pounds unladen gross weight for more than one hour upon any city street or portion thereof, within any residential district (division 19.10), planned residential development district (division 19.14), community facilities district (division 19.14), agricultural district (division 19.08), or parks/open space district (division 19.14) within the city.

Commercial/Office/Industrial Districts. No person shall park any commercial vehicle, as defined by Section 260 of the California Vehicle Code, of more than 10,000 pounds unladen gross weight for more than one hour upon any city street or portion thereof, within any commercial and/or office district (division 19.12), planned district (division 19.14), or mixed use district (division 19.14) within the city, with the exception of light industrial/office districts.

Streets in Dual Districts. In circumstances where one side or a section of a particular street is in a residential district (as defined in subsection a. of this section), and the other side of the same street is in a commercial district (as defined in subsection b. of this section), no person shall park any commercial vehicle, as defined by Section 260 of the California Vehicle Code, of more than 10,000 pounds unladen gross weight for more than one hour, on either side of the city street or portion thereof in a dual district.

Loading and Unloading. Commercial vehicles, as defined by Section 260 of 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 hour, or the time necessary to complete the loading, unloading or the 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.

Request for Exception.

The owner of a commercial vehicle, as defined by Section 260 of the California Vehicle Code, of more than 10,000 pounds may apply for a permit to exceed the parking time limits specified herein. The owner shall complete a parking permit application provided by the public works department, 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 exception permit shall be for a term of one year and shall be renewable.

Upon the submission of the completed application and fee, the permit application shall be reviewed by the director of public works, 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 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.

After review, the director shall determine whether or not to issue the exception permit and, if granted, to impose any appropriate conditions upon the permit. The director shall notify, in writing, the applicant, all owners of property abutting the street for which the exception permit is sought, and the local homeowner's association, of his decision. An exception permit shall not become final until 30 days after the date this notice was deposited in the mail. A copy of the issued permit shall be visibly displayed on the dashboard of the authorized commercial vehicle while parked on city streets.

Appeal. The applicant and/or any other affected party may, within 30 days of the date notice was deposited in the mail by the director pursuant to subsection e.3. of this section, appeal the grant or denial of an exception permit to the city council by presenting to the city clerk, a written notice of appeal clearly stating the grounds for the appeal and shall pay the appropriate filing fee. 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.

Revocation. An exception permit can be revoked by the director 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 30 days of the date notice of the revocation was deposited in the mail by the director, appeal the revocation by presenting to the public works department, a written notice of appeal clearly stating the grounds for the appeal. The appeal will be heard and decided in the same manner as specified in subsection e.4. of this section.

(Ord. No. 1617, § 2(Exh. A), 2-7-2017)

Footnotes: --- (1) ---

Editor's note— Ord. No. 1617, § 2(Exh. A), adopted Feb. 7, 2017, changed the title of section 18-10 from "Truck Routes" to "Truck Routes and Parking." This historical notation has been preserved for reference purposes.

18-11 - Parking Meters.

18-11.1 Parking Meter Zones. The city council shall by resolution, establish parking meter zones, including therein such streets, portions of streets or city owned or leased land as parking conditions require.

(Ord. No. 758, § 60)

18-11.2 Council to Prescribe Regulations for Meter Operation. The denomination of the coin or coins that shall be deposited in parking meters, the parking time allowed following deposit of such coins, the hours during

which such deposits are required and the directions which shall appear on the parking meters shall be such as may be prescribed by the city council resolution.

(Ord. No. 758, § 61)

18-11.3 Deposit of Coins; Lawful Coin of United States; Exceptions. No person shall park any vehicle in any parking space, except as otherwise permitted by this section, without immediately depositing in the parking meter adjacent to the space such lawful coin or coins of the United States as are required by the meter and as designated by directions on the meter and when required by the directions on the meter, setting in operation the timing mechanism thereof in accordance with the directions, unless the parking meter indicates at the time the vehicle is parked that an unexpired portion remains of the period for which a coin or coins has been previously deposited.

(Ord. No. 758, § 62)

18-11.4 Same; Exemptions from Preceding Section.

Commercial delivery vehicles shall be exempted from the provisions of subsection 18-11.3 while loading and unloading merchandise for periods not exceeding 20 minutes.

The city council may, in its discretion, when it deems public necessity and convenience so requires, exempt without charge Federal, State and county-owned vehicles from the provisions of the preceding section.

(Ord. No. 758, § 63)

18-11.5 Same; Collection. The city manager is charged with the duty of collecting or causing to be collected the coins deposited in parking meters once each week. He shall make and keep, or cause to be made and kept, an accurate record of the amount collected and shall account for all sums collected.

(Ord. No. 758, § 64)

18-11.6 Same; Purpose. The specific coin or coins required to be deposited in parking meters as provided in this section are hereby levied and assessed to provide for the proper regulation and control of traffic upon the public streets and also for the cost of supervision and regulation of parking meters within the parking meter zones hereby authorized and to cover the costs of purchasing, acquiring, installation, operation, regulation and control of the parking meters herein described.

(Ord. No. 758, § 65)

18-11.7 Same; Use of Slugs. No person shall deposit or attempt to deposit in any parking meter any slug or other substitute for a coin of the United States.

(Ord. No. 758, § 66)

18-11.8 Tampering with Meter. No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter, except by authority of the chief of police.

(Ord. No. 758, § 67)

18-11.9 Installation, Maintenance, Etc. The city traffic engineer shall be responsible for the installation, servicing, maintenance, and repair of all parking meters.

(Ord. No. 758, § 68)

18-11.10 Application of Section. No subsection of this section shall be construed as permitting any parking in violation of any other provision of this chapter.

(Ord. No. 758, § 69)

18-11.11 Parking Limitations—Generally. No person, except as otherwise provided by this chapter, shall permit any vehicle parked by that person to remain parked in any parking meter space during any time when the parking meter adjacent to the space indicates that no portion remains of the period for which the last previous coin or coins had been deposited, or beyond the time limited for parking in such space and in keeping with the other provisions of this chapter.

(Ord. No. 758, § 70)

18-12 - Penalties; Repeal, Enactment.

18-12.1 Penalties for Violation. Any person violating any of the provisions of this chapter shall be guilty of an infraction or a misdemeanor in accordance with the definitions and procedures set forth in Division 17, (commencing with Section 40000) of the Vehicle Code. Upon conviction thereof, he shall be punished in accordance with the penalties and procedures set forth in Division 18, (commencing with Section 42000) of the Vehicle Code.

Bicycle licensing violations shall be punished by the maximum fine permitted by Section 39011 of the Vehicle Code.

(Ord. No. 758, § 71)

18-13 - Inoperative Motor Vehicles.

18-13.1 Abandoned, Wrecked or Inoperable Vehicles Declared a Nuisance. In addition to and in accordance with the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council hereby makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property except as expressly hereinafter permitted, is hereby declared to constitute a nuisance which may be abated as such in accordance with the provisions of this section.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.2 Definitions. As used in this section:

"Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

"Highway" shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

"Inoperative vehicle" shall mean a vehicle that cannot be moved under its own power or vehicles not currently registered with the Department of Motor Vehicles excluding those vehicles that have been filed as a non- operational status.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.3 Exceptions. This section shall not apply to:

A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code.

(Ord. No. 1056, § XX)

18-13.4 This Section is Additional Regulation to Other Codes, Statutes and Ordinances. This section is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore enacted by the city, the State, or any other legal entity or agency having jurisdiction.

(Ord. No. 1056, § XX)

18-13.5 Enforcement. Except as otherwise provided herein the provisions of this section shall be administered and enforced by the chief of police or the community development director. In the enforcement of this section such officer and his deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this section.

(Ord. No. 1056, § XX)

18-13.6 Authorization to Enter Private or Public Property to Remove Such Vehicle. When the city council has contracted with or granted a franchise to any person, such person shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this section.

(Ord. No. 1056, § XX)

18-13.7 Administrative Costs to be Assessed. The city council shall determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this section.

(Ord. No. 1056, § XX)

18-13.8 Notice to Abate or Remove. A ten day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall contain a statement of the hearing rights of the owner of the property and the owner of the vehicle and shall include notice to the property owner that he/she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial, in lieu of appearing.

determine ownership. Such notice shall contain a statement of the hearing rights of the owner of the property and the owner of the vehicle and shall include notice to the property owner that he/she may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his/her reasons for such denial, in lieu of appearing.

(Ord. No. 1056, § XX; Ord. No. 1249, § 1)

18-13.9 Request for Public Hearing. A public hearing shall be held before the city council upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the city clerk within ten days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If no request is received within such period, the vehicle may be removed as hereafter provided and administrative and removal costs may be charged against the land owner.

(Ord. No. 1056, § XX)

18-13.10 Hearing; Decision of Council. At such hearing the city council shall hear all facts and testimony it deems pertinent. The facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the private property or public property. The council shall not be limited by the technical rules of evidence.

The council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this section. It may delay the time for removal of the vehicle or part thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the council may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise collected from such land owner.

If an interested party makes a written presentation to the council but does not appear, he shall be notified in writing of the decision.

(Ord. No. 1056, § XX)

18-13.11 Removal of Vehicle to Scrapyard. Ten days after the notice of intention, where no hearing has been required, or five days after adoption of the order declaring the vehicle to be a public nuisance or after the date of mailing of notice of the decision, if required, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable.

(Ord. No. 1056, § XX)

18-13.12 Notice Given to the Department of Motor Vehicles and to the Department of Justice Identifying the Vehicle. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of Title, and license plates according to the provisions of Section 22852 of the Vehicle Code. The Department of Justice shall be notified upon the removal of the vehicle if the name of the owner cannot be ascertained or for any other reason the owner cannot be given notice, the notification shall be according to the provisions of Section 22853 of the Vehicle Code.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.13 Payment of Costs Within Thirty Days; Or Cost to Become Tax Assessment. If the administrative costs and the cost of removal which are charged against the land owner are not paid within 30 days, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other city taxes.

(Ord. No. 1056, § XX)

18-13.14 Abandoned Vehicles on Public or Private Property Prohibited. It shall be unlawful and an infraction for any person to abandon, park, store, or leave or to permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or part thereof which is an abandoned, wrecked, dismantled, or inoperative condition upon any private property or public property within the city for a period in excess of ten days unless such vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a State licensed dismantler, State licensed vehicle dealer, a State licensed auto repair business, or licensed junkyard.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.15 Abandonment Prohibited.

No person shall abandon a vehicle upon any highway.

No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

Any person convicted of a violation of this section shall be punished by a fine of not less than one hundred ($100.00) dollars and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any fine imposed shall be suspended. The fine may be paid in installments if the court determines that the defendant is unable to pay the entire amount in one payment.

Proof that the cost of removal and disposition of the vehicle has been paid shall not be required if proof is provided to the court that the vehicle was stolen prior to the abandonment. That proof may consist of a police report or other evidence acceptable to the court.

The costs required to be paid for the removal and disposition of any vehicle determined to be abandoned pursuant to Vehicle Code Section 22669 shall not exceed those for towing and seven days of storage. This subdivision does not apply if the registered owner or legal owner has completed and returned to the lienholder a "Declaration of Opposition" form within the time specified in Vehicle Code Section 22851.8.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.16 Abandonment Presumption.

The abandonment of any vehicle in a manner as provided in subsection 18-13.15 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle.

An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser may overcome the presumption prescribed in paragraph a. by demonstration that he or she has complied with Section 5900 of the Vehicle Code or providing other proof satisfactory to the court.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.17 Failure to Remove Vehicle When Ordered. It shall be unlawful and an infraction for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this section or State law where such State law is applicable.

(Ord. No. 1056, § XX; Ord. No. 1275, § 1)

18-13.18 Violations. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who violates the provisions of section 18-13 is deemed guilty of an infraction and shall be punished as specified in subsection 1-5.1.

(Ord. No. 1275, § 1)

18-13.19 Employee Positions Designated to Enforce. The following designated employee positions may enforce the provisions of section 18-13 by the arrest or issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of section 18-13. The designated employee positions are:

Community development director, or

The designee of the community development director. It shall be the duty of the chief of police of the city to render any and all necessary assistance to the community development director for the enforcement of section 18-13.

(Ord. No. 1275, § 1)

18-14 - Trip Reduction.

18-14.1 Short Title. The provisions of this chapter shall be known and may be cited as the "City of Novato Trip Reduction Ordinance (TRO)."

(Ord. No. 1289, § 1)

18-14.2 Authority. This section is authorized under Proposition 111 legislation, Government Code Section 65089.3(2) and California Streets and Highways Code Section 2105.

(Ord. No. 1289, § 1)

18-14.3 Marin County Congestion Management Agency (CMA). This section incorporates the Marin County CMA minimum trip reduction and travel demand requirements.

(Ord. No. 1289, § 1)

18-14.4 Definitions. Terms used in this section are defined as follows:

Average Vehicle Ridership (AVR) shall mean the number of employees who start work at a work site during the peak period divided by the number of vehicles those employees use to arrive at the work site, averaged over the survey week.

Carpool shall mean a vehicle occupied by two to six people traveling together between their residence and their work site or destination for the majority of the total trip distance.

Employees who work for different employers, as well as non-employed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

Commute trip shall mean the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.

Compressed work week shall mean a regular full-time work schedule which eliminates at least one round trip commute trip (both home-to-work and work-to-home) at least once every two weeks. Examples include, but are not limited to, working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and one eight-hour day (9/80) within a two week period.

Disabled employee shall mean an employee with a physical impairment which prevents the employee from traveling to the work site by means other than a vehicle and the employee has been issued a disabled person placard or plate from the Department of Motor Vehicles.

Employee shall mean any person conducting a work activity for employer 20 or more hours per week on a regular full-time, temporary, or part-time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers.

Employee transportation coordinator (ETC) shall mean an employee, other individual, or entity appointed by an employer to market, administer, and monitor the employer trip reduction program or employer trip reduction plan on a full or part-time basis.

Employee transportation survey shall mean a questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site.

Employer shall mean any person(s), trust, firm, business, joint stock company, corporation, partnership, association, nonprofit agency or corporation, educational institution, school district, hospital or other health care facility, or Federal, State, city or county government department, agency, or district, or any other special purpose public agency or district. A city, county, or city and county is a single employer for purposes of this rule, not individual departments or agencies of the city, county, or city and county. Individual departments or agencies of the State of California and the Federal government are separate employers for purposes of this rule. The term includes for-profit, not-for-profit, and nonprofit enterprises. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer. The term shall not include employers with no permanent work site within the City of Novato.

Employer program manager shall mean an employee with policy and budget authority who is responsible for the implementation of the employer trip reduction program or employer trip reduction plan and for fulfilling the requirements of this rule.

Employer trip reduction program shall mean a group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR or decreasing VER. An employer trip reduction program may include, but is not limited to, any or all of the following services, incentives and measures.

Ridesharing:

Carpool/vanpool matching;

Preferential parking for carpools and vanpools;

Carpool/vanpool financial subsidies or rewards;

Employer-provided vehicles for carpools and/or van-pools;

Employer-sponsored vanpools;

Rideshare marketing campaigns;

Subsidy of vanpool liability insurance.

Transit:

Work site transit ticket sales;

Transit ticket subsidies, e.g., Commuter Check™;

Transit route maps and schedules on-site;

Shuttle to transit line (employer-sponsored or subsidized).

Trip elimination:

Compressed work weeks;

Work-at-home programs;

Telecommuting.

Parking management:

Charge for employee parking;

Elimination of any employer parking financial subsidy;

Transition from employer parking financial subsidy to general transportation monetary allowance for all employees;

Free or reduced parking rates for carpools and vanpools only.

Bicycle and pedestrian:

Bicycling financial subsidies or rewards;

Financial subsidy to employees for the purchase of bicycles for commute trip use;

Bicycle lockers or other secure, weather-protected bicycle parking facilities;

Bicycle access to building interior;

Bicycle and/or walking route information;

On-site bicycle registration.

On-site facilities/services:

Employee shower facilities and clothes lockers;

Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use;

On-site services to reduce midday vehicle trips, e.g., cafeteria, ATMs, apparel cleaning, etc.;

On-site transportation fair to promote commute alternatives.

Other:

Membership in a Transportation Management Association that provides services and incentives;

Establishment of employee committee to help design, develop, and monitor the trip reduction program;

Guaranteed ride home program;

Financial subsidies or rewards for walking and other nonmotorized transportation modes;

Shuttles between multiple work sites;

Providing child day care at/near work site;

Enhanced trip reduction efforts on forecast criteria pollutant exceedance days, e.g., the BAAQMD's Spare the Air program.

Field construction worker shall mean an employee who reports for work to a temporary field construction site.

Field personnel shall mean employees who spend 20 percent or less of their work-time at the work site and who do not report to the work site during the peak period for pickup and dispatch of an employer-provided vehicle.

Independent contractor shall mean an individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least 90 days or is open- ended.

Local jurisdiction shall mean a city, county, or public agency, including a public agency formed through a Joint Powers Agreement, with authority to adopt, implement, and enforce an employer trip reduction ordinance.

Peak period shall mean the time from 6:00 a.m. to 10:00 a.m. Monday through Friday inclusive.

Seasonal/temporary employee shall mean an employee who works for the employer for less than 90 continuous days (three months) within a calendar year.

Single-occupant vehicle shall mean a vehicle occupied by one employee.

Survey week shall mean a regular five-day Monday through Friday (inclusive) work week. The survey week for work sites with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a Federal, State, or local holiday, regardless of whether the holiday is observed by the employer. A survey week that meets the above criteria is to be selected by the employer during January through May, or September through November. The survey week cannot be Rideshare Week or contain any other rideshare or transit promotion event, e.g., "Beat the Back-Up."

Telecommuting shall mean a system of working at home or an off-site, nonhome telecommute facility for the full work day on a regular basis of at least one day per week.

Transportation management association shall mean an organization through which developers, property managers, employers, and/or local jurisdictions cooperate in designing, implementing and assessing employer trip reduction programs or other transportation demand or system management programs and measures.

Vanpool shall mean a vehicle occupied by seven or more employees who commute together to work for the majority of their individual commute trip distance. Employees who work for different employers are included within this definition as long as they are in the vehicle for the majority of their individual trip distance.

Vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except the following: 1) a device moved exclusively by human power, 2) a device used exclusively upon stationary rails or tracks, 3) buses used for public or private transit. Examples of vehicles include, but are not limited to, passenger cars, motorcycles, van and pickup trucks.

Vehicle employee ratio (VER) shall mean the number of vehicles used by employees who start work at a work site during the peak period divided by the number of those employees averaged over the survey week. VER is the reciprocal of AVR.

Volunteer shall mean an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.

Work activity shall mean any activity for which an employee receives remuneration from an employer. Telecommuting or work at home is a work activity.

Work site shall mean any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way served by a common circulation or access system, and not separated by an impassible barrier to bicycle or pedestrian travel such as a freeway or flood control channel is included as part of the work site. If two or more employers each have 100 or more employees at a single work site, then that work site is considered a separate work site for each employer.

These definitions are similar to those in Regulation 13 Transportation Control measures, Rule 1 Trip Reduction Requirement for Large Employers approved on December 16, 1992 by the Bay Area Air Quality Management District (BAAQMD). Any subsequent changes in definitions within Regulation 13 that occur in later revisions to the regulation will supersede the definitions contained in this section.

(Ord. No. 1289, § 1)

18-14.5 Trip Reduction Requirements. The following trip reduction requirements are hereby established and are imposed upon employers within the City of Novato:

This section shall apply to all employers with the City of Novato with 100 or more employees at an individual work site. Where such an employer has multiple work sites, only those sites which have 100 or more employees are subject to this section.

Each employer subject to this section shall disseminate trip reduction information regarding transportation alternatives including carpools, vanpools, transit and bicycling and other methods of reducing trips such as telecommuting, compressed work week, and flexible work hours annually to each employee and to all new employees as they are hired.

Each employer subject to this section shall annually conduct an employee trip survey using a uniform survey form prepared by the Marin County CMA. A summary of the trip results shall be submitted annually to the City of Novato. Any survey and procedures prepared for submission to and accepted by the BAAQMD shall serve as a valid survey for this section upon submission to the City of Novato.

Each employer subject to this section shall designate an "employee transportation coordinator" to be responsible for administering the employer requirements of the trip reduction ordinance.

(Ord. No. 1289, § 2)

18-14.6 Nonduplication. If any other agency which has jurisdiction over trip reduction requirements for employers within the City of Novato adopts trip reduction requirements that meet or exceed the requirements

of this section, then any employer within the City of Novato that meets those requirements will be deemed to be meeting the requirements of this section by annually forwarding to the City of Novato a copy of all trip reduction information and documentation required by the other agency.

(Ord. No. 1289, § 2)

18-15 - Mobile Food Vending.

18-15.1 Purpose and Intent. The city council expressly finds that vehicles in which hot and/or cold food are carried for the purpose of retail sale on the public and private streets, pose traffic hazards and special dangers to the public health, safety and welfare of children and residents in the city. It is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community. The city council further finds all of the following:

Mobile food vending vehicles often stop and stand within public and private roadways to conduct business transactions, which endangers the person and property of their customers, particularly in areas of heavy traffic volume or in areas where traffic is going at a moderate or high rate of speed.

Mobile food vending vehicles often proliferate around public and private school sites within the city, which provide both a distraction to school children and an immediate threat to their health and safety by placing them in a vulnerable position in heavily trafficked areas during regular school hours.

Mobile food vending vehicles often create or exacerbate heavy traffic conditions by remaining within locations near schools that are also the site of parents, guardians, and others dropping off, picking up, and transporting school children.

Mobile food vending vehicles often create noise and other disturbances to the quiet peace and enjoyment of residents and businesses located in neighborhoods with public and private schools during times that they do business with school children.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.2 Regulations for Sales from Mobile Food Vending Vehicles. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable requirements of this code and in compliance with all provisions of this section 18-15.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.3 Definitions. The following words and terms as used in this chapter shall have the following meanings:

"Driver" means any person who drives, operates, or is in actual physical control of a motor vehicle.

"Food" means any good or merchandise that is cooked, made, manufactured, bottled, grown, preserved, or prepared for the purpose of being eaten or imbibed.

"Mobile food vending vehicle" means a motor vehicle or other motorized portable food service unit, engaged in the curbside vending or sale of food as defined above, including, but not limited to, frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, snack foods, donuts, or soft drinks.

"Operator" means any person or entity owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.

"Roadway" means that portion of the right-of-way that constitutes the vehicular way intended for use by motor vehicles to travel upon and/or park.

"Regular school days" means those days that a public or private school is in session.

"School" means all public and private schools in which instruction is given from kindergarten through grade 12 or in any one or more such grades.

"Vend" or "vending" means the sale or offering for sale of any goods or merchandise to the public from a vehicle.

"Vendor" means any person who engages in the act of vending (as defined above) from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending there from.

(Ord. No. 1570, § 1, 1-10-2012; Ord. No. 1708, § 2, 11-14-2023)

18-15.4 Permits Required.

No person shall own, control, manage, lease, or contract with other persons for the operation of a mobile food vending vehicle in the city without having been issued a valid and unexpired commercial solicitation permit

under section 14-8 of this code, in addition to any other license or permit required under any other chapter of this code, or other provisions of law including the state and county, for each and every mobile food vending vehicle.

No person shall drive, operate, vend and/or prepare food from any vehicle defined as a mobile food vending vehicle in the city without having been issued a valid and unexpired commercial solicitation permit under section 14-8 of this code.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.5 Mobile Food Vendor Regulations.

Each operator shall have a commercial solicitation permit in his/her/its possession at all times while engaged in the operation of and/or the actual vending from a mobile food vending vehicle. Each operator shall immediately surrender to the chief of police or his/her designee any such commercial solicitation permit upon the suspension, revocation or expiration of such permit or upon leaving employment as an operator.

In addition to the commercial solicitation permit required in subsection a of this section, each person who drives a mobile food vending vehicle that meets the definition of a motor vehicle contained within the California Vehicle Code shall have in his/her possession a current valid California driver's license, and proof of financial responsibility, which he/she shall make available for inspection by law enforcement officers upon request.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.6 Mobile Food Vending Vehicle Regulations. All mobile food vending vehicles shall be equipped as follows:

Each mobile food vending vehicle shall have a current, valid County of Marin health inspection sticker affixed to the lower right side of the windshield;

With refuse containers large enough to contain all refuse generated by the operation of such vehicle and the operator of the mobile food vending vehicle, and to carry away all refuse generated by such operation within a twenty-five-foot radius of the vehicle's location during vending operations;

Any mobile food vending vehicle that meets the definition of a motor vehicle contained within the California Vehicle Code, shall have warning flashers that are activated immediately upon the vehicle stopping to vend and that are turned off as soon as the vehicle begins to move after vending;

No additional lighting other than that authorized by the California Vehicle Code may be installed or operated on a mobile food vending vehicle;

A back-up alarm audible for a distance of at least 100 feet;

A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the vehicle which is obscured by the vehicle's hood;

There shall be conspicuously displayed on both the right and left side of the mobile food vending vehicle lettering permanently affixed showing the name of the company and/or operator of the food vending vehicle and the business address and telephone number thereof. The lettering for the name of the company or the operator shall not be less than four inches in height and shall be in contrast to the color of the background upon which the lettering is placed. The lettering for business address and telephone number of the company or the operator shall not be less than one inch in height and shall also be in contrast to the color of the background upon which the lettering is placed.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.7 Prohibited Conduct.

No person shall vend from a mobile food vending vehicle which is stopped, parked or standing on any public street, alley or highway:

When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour;

When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic;

When the mobile food vending vehicle is parked in violation of any other provisions of this code or the California Vehicle Code;

When the mobile food vending vehicle is within 1,500 feet of the nearest property line of any public or private school between the hours of 7:30 a.m. and 4:00 p.m. on regular school days;

Between the hours of 9:00 p.m. and 7:30 a.m.;

When the mobile food vending vehicle is parked within 75 feet of the nearest point where any two or more intersecting public streets or roadways meet;

When the mobile food vending vehicle is within 200 feet of another mobile food vending vehicle which has already stopped to vend;

No person shall vend to any person standing on the left side of the mobile food vending vehicle while it is stopped in the roadway;

No person shall back up a mobile food vending vehicle to make or attempt to make a sale;

The operator of a mobile food vending vehicle shall not permit any unauthorized person to ride in or on the vehicle. Persons authorized to ride in or on the vehicle shall be only those operators holding a commercial solicitation permit or vendors who are officers or lawfully employed by a commercial solicitation permit holder;

No minor under the age of 16 shall ride in or on a mobile food vending vehicle while such vehicle is engaged, or about to be engaged, in the operation of vending, with the exception of the children of the owner or operator of the food vending vehicle, or is a child under the age of 16, who is a legal employee of the owner or operator of the food vending vehicle;

No person shall dispense any item other than food from a mobile food vending vehicle.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.8 Enforcement and Penalties.

If an operator or vendor of a mobile food vending vehicle is found to be in violation of this section, the responding peace officer may issue a notice of violation.

Any violation of this section shall be an offense punishable as a misdemeanor, subject to a fine not to exceed $1,000.00 per violation, except that the enforcing authority may exercise its discretion to apply the provisions of section 1-5 of this code and prosecute the offense as an infraction, punishable as set forth by section 1-5.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.9 Revocation of Permit.

Any commercial solicitation permit for a mobile food vending operator or business may be suspended or revoked by the chief of police, or his/her designee, for any of the following reasons:

Any of the grounds for revocation or suspension specified by section 14-8 of this code.

Convictions of any operator or vendor of a mobile food vending business for two or more violations of this section, which offenses have occurred within a 12-month period.

Suspension and revocation procedures set forth by section 14-8 shall be applied to any suspension or revocation of a commercial solicitation permit for a mobile food vending operator or business.

(Ord. No. 1570, § 1, 1-10-2012)

18-15.10 Vending on Private Property. It is unlawful for a mobile food vending vehicle to vend on private property unless:

It is in compliance with the zoning chapter (chapter XIX) and all other applicable provisions of this code; and

The operator or vendor of the mobile food vending vehicle has in his/her possession written consent signed by the owner or the owner's authorized agent that allows the vehicle to vend on the property. The operator or vendor of a mobile food vending vehicle on private property shall have possession of the written consent required by this section at all times that the vehicle is vending on the property and shall produce written consent immediately upon request of a police or code enforcement officer, or any other person authorized to investigate a violation of this code.

(Ord. No. 1570, § 1, 1-10-2012)

18-16 - Median Regulations.

18-16.1 Definitions. For purposes of this section, the terms listed below shall have the following meaning:

Linger means to remain on a median longer than two traffic signal cycles, or, for locations without a traffic signal, for longer than three minutes, except in an emergency or for public works.

Loiter means to stand or linger on a median for any purpose other than to safely and lawfully cross the street, except in an emergency or for public works.

Median means a paved or planted raised area located in the center of a roadway, dividing the roadway according to the direction of travel.

Public works means work or maintenance performed by the city, a state agency, public utility, their respective contractors, or other authorized public agency.

18-16.2 Lingering and Loitering Prohibited On Narrow Medians.

To ensure the safety of both pedestrians and motorists, it is unlawful, prohibited, and a violation of this code for any person to linger or loiter on a less than four feet in width portion of any median located within any public roadway, as medians of this size are not designed to accommodate prolonged pedestrian use.

The only exceptions to this prohibition are for the following circumstances: (1) to cross a roadway; (2) for emergencies; or (3) as is necessary for public works.

18-16.3 Obstructing Traffic Signs and Signals Prohibited On All Medians.

To ensure the safety of both pedestrians and motorists, it is unlawful, prohibited, and a violation of this code for any person to block traffic signs and signals located on or within any median for more than two traffic signal cycles, or, for locations without a traffic signal, for longer than three minutes, so the traffic signs and signals located on medians remain adequately visible to approaching motorists and to reduce hazards between motorists and pedestrians.

The only exceptions to this prohibition are for the following circumstances: (1) for emergencies; or (2) as is necessary for public works.

18-16.4 Severability. If any part of this section or the application thereof to any person is held invalid, the remainder of this section and the application of such provisions to other persons shall not be affected thereby.

(Ord. No. 1704, § 1, 9-26-2023)

18-17 - Sidewalk Vending.

18-17.1 Purpose and Intent. It is the purpose and intent of the city council, in enacting this section, to provide responsible persons who engage in sidewalk vending with clear and concise regulations consistent with state law to prevent traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.

18-17.2 Definitions. The following words and terms as used in this chapter shall have the following meanings:

"Public right-of-way" means any street, alley, parkway, sidewalk, paved pedestrian path, or other public property used for public travel.

"Sidewalk vendor" means a person who sells food or merchandise from a vehicle, or from one's person, upon the public right-of-way.

"Signage" means device or other contrivance which is used to advertise or attract attention to an object, business or product. The term is more fully defined in section 19.60.020 of this code but typically consists of text, images and symbols advertising the name of a vendor and/or products offered for sale. Signage does not include pennants, string lights, animated or electronic message displays, balloons or other inflatable devices meant to attract attention and which are prohibited by section 19.32.040 of this code.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

"Vehicle" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

18-17.3 Sidewalk Vending Program.

Only sidewalk vendors with a valid sidewalk vending permit issued by the City of Novato may stop or stand upon any public right-of-way.

A sidewalk vending permit shall be valid for a period of one calendar year, unless sooner revoked as set forth in this section.

A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

To apply for a sidewalk vending permit or a renewal of a sidewalk vending permit, the application may require:

The applicant's name, mailing address, electronic mail address, and phone number;

A description of the food or merchandise offered for sale or exchange;

If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of that entity;

The applicant's California driver's license or identification number, individual taxpayer identification number, or social security number.

A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.

A copy of a valid mobile food facility permit issued by the Marin County Department of Public Health, as required.

Certification that the information is true to the applicant's knowledge and belief.

Sidewalk vending permits shall only be issued to natural persons applying for a sidewalk vending permit. Sidewalk vending permits are not transferrable.

A sidewalk vending permit shall not be issued until all fees, and any outstanding fines and/or penalties, are paid.

18-17.4 General Regulations.

To maintain accessibility standards for the city's disabled residents, every sidewalk vendor must ensure that no obstruction is placed that would reduce the width of the public right-of-way to less than 48 inches, exclusive of the top of the curb.

To prevent food-borne illness, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.

To prevent dangerous distractions, every sidewalk vendor is prohibited from affixing or posting any signage or equipment to utility and sign poles.

To prevent dangerous distractions and interference with free use of the public right-of-way, all signage must be directly affixed to, and may not project above or beyond, the vending vehicle. Signage attached to umbrellas,

canopies, overhead protection structures or other vending vehicle appurtenances is prohibited.

To prevent dangerous distractions, every sidewalk vendor emitting any loud, unnecessary, and unusual noises must comply with the noise regulations under section 14-13 and subsection 1-6.4 n. of this code.

To reduce the exposure to children of unhealthy foods, every sidewalk vendor vending foods with added sugar cannot operate within 1,500 feet of the nearest property line of any public or private school between the hours of 7:30 a.m. and 4:00 p.m. on regular school days.

To reduce the possibility of collisions, every sidewalk vendor is prohibited from vending within any public right- of-way with a posted speed limit greater than 35 miles per hour.

To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a vehicle in a public right-of-way with a slope greater than five percent.

To prevent potential obstructions to traffic, no sidewalk vendor shall obstruct access to or from any business, entrance, public water fountain, or other public facility, adjacent to the public right-of-way.

To prevent potential visual obstructions to traffic and interference with free use of the public right-of-way, all items displayed for sale must be affixed to the vending vehicle; display upon benches, light poles or other street furnishings is prohibited.

To prevent potential obstructions to traffic, every sidewalk vendor shall maintain a distance of 200 feet from any other sidewalk vendor.

To prevent the accumulation of refuse, every sidewalk vendor shall maintain a refuse container large enough to contain all refuse generated by their operation and to carry away all refuse generated by their operation within a 25-foot radius of the vehicle's location during vending operations.

To prevent the accumulation of refuse, every sidewalk vendor shall remove all equipment and objects tied to his or her operation, and any remaining equipment or objects left or maintained in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city.

To prevent the creation of environments attractive to rodents and other disease vectors, disposing of the contents of, or the cleaning of, any vending vehicle in the public right-of-way is prohibited.

To prevent unfair competition, every sidewalk vendor is prohibited from operating within 500 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit, including special event/parade permits, photography/file permits, and temporary use permits, for the duration of the permit.

To prevent unfair competition, every stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into an exclusive agreement for the sale of food or merchandise by one or more concessionaires for the city park.

To preserve the peace and tranquility of residential neighborhoods, every stationary sidewalk vendor is prohibited from operating in areas that are exclusively residential.

To preserve the peace and tranquility of residential neighborhoods, every sidewalk vender shall cease all activities between the hours of 7:00 p.m. through 9:00 a.m.

To promote the peace and public welfare in nonresidential neighborhoods, the limitation on operating hours shall be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street.

To reduce noise and emissions, sidewalk vendors are prohibited from operating generators in the public right- of-way.

To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit and local health department permit on the street-side portion of their vehicle when operating in the public right-of-way.

18-17.5 Enforcement.

Every sidewalk vendor operating without a valid sidewalk vending permit is subject to administrative citation in the following amounts:

Two hundred fifty dollars for the first violation.

Five hundred dollars for the second violation within one year of the first violation.

One thousand dollars for each additional violation within one year of the first violation.

Every sidewalk vendor operating with a valid sidewalk vending permit but violating any provision of this section is subject to an administrative citation pursuant to section 1-7.

The city manager or designee may revoke a sidewalk vending permit for the remaining term of the permit upon a fourth or subsequent violation of this section.

If the violator fails to pay fines and/or penalties imposed pursuant to this section and/or section 1-7, the city may file a civil action or levy a lien on the violator's real or personal property, including the vehicle used for vending purposes, to collect any outstanding balance.

A violation of this section consists of a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this section and/or section 1-7.

The city shall provide the violator with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The violator may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

18-17.6 Appeals.

An applicant may appeal to the city manager the city's decision to deny a sidewalk vending permit.

A sidewalk vendor subject to administrative citation under subsections 18-17.5 a., b. may appeal the citation pursuant to section 1-7 of this code.

A sidewalk vendor may appeal to the city council the city manager's decision to revoke a sidewalk vending permit under subsection 18-17.5 c.

(Ord. No. 1708, § 3(Att. A), 11-14-2023)

Editor's note— Ord. No. 1708, § 3(Att. A), adopted November 14, 2023, set out provisions intended for use as § 18-16. Inasmuch as there were already provisions so designated, said section has been codified herein as § 18-17 at the discretion of the editor.

18-18 - Marin Electric Bicycle Safety Pilot Program.

Purpose and Scope. The provisions of this section are intended to enact the program authorized by Vehicle Code § 21214.5, et seq., in the City of Novato.

Definitions. For purposes of this section, the following definitions apply:

Class 2 Electric Bicycle is defined as it is defined in Vehicle Code section 312.5(a)(2).

Prohibitions and Restrictions.

No person under 16 years of age shall operate a Class 2 electric bicycle.

No person shall operate a Class 2 electric bicycle without wearing a bicycle helmet, that complies with Vehicle Code section 21213(b).

Violations.

Within 60 days of the effective date this section comes into effect, any violation of this section shall be punishable by warning notices.

Beginning on the 61st day after the date this section comes into effect, and thereafter until this section is made ineffective or expires, the following violation shall be punishable as follows:

(a)

A violation of the prohibition set forth in section 18-18.c.1., shall be an infraction, punishable by a fine of twenty-five ($25.00) dollars. A fee shall not be imposed upon a citation of this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training course pursuant

to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.

(b)

A violation of the prohibition set forth in section 18-18.c.2.), shall be an infraction punishable by a fine of twenty-five ($25.00) dollars. A fee shall not be imposed upon a citation of this infraction if the person who violated the requirement, or, if that person is an unemancipated minor, their parent or guardian, delivers proof to the issuing agency within 120 days after the citation was issued that the person has a helmet meeting the requirements specified in Vehicle Code section 21212(a) and the person has completed a safety course established pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.

No record of any violation of this section shall be transmitted to any Superior Court of the State of California.

If this section is violated by a person who is an unemancipated minor, the parent or legal guardian having control or custody of the minor shall be jointly and severally liable with the minor for the amount of any fine imposed pursuant to this subdivision.

Expiration of Program. This section shall become inoperative on January 1, 2029, and as of that date is repealed.

(Ord. No. 1724, § 2, 7-22-2025)