Article 1 — TRAFFIC ORDERS

The purpose of this article is to establish a procedure for the adoption of traffic regulations applying to particular streets, highways, intersections, or areas within this City.

The City Engineer may make traffic orders establishing any of the following regulations:

• a. Regulating traffic by means of semaphores or other official traffic-control devices;

• b. Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specified direction;

• c. Closing any highway or a portion of it, when in the opinion of the City Engineer, the highway is no longer needed or cannot safely be used for vehicular traffic;

• d. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing the highway;

• e. Designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection;

• f. Prohibiting the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code of the State of California;

• g. Closing particular streets during regular school hours for the purpose of conducting automobile driver training programs in the secondary schools and colleges in the City;

• h. Closing to vehicular traffic that portion of any street or highway crossing or dividing any school grounds when in the opinion of the City Engineer the closing is necessary for the protection of persons attending the school or using the school grounds. The closing to vehicular traffic may be limited to the hours and days that the City Engineer may specify;

• i. Establishing crosswalks between intersections;

• j. Directing that pedestrians shall not cross in a crosswalk indicated at an intersection;

• k. Regulating vehicular traffic on privately owned and maintained roads or ways within the boundaries of a privately owned airport, when the roads or ways are expressly open to the general public for purposes of vehicular traffic;

• l. Regulating vehicular and pedestrian traffic in subways, tubes, and tunnels or on bridges or viaducts;

• m. Requiring that all vehicles stop before entering or crossing the tracks at any highway railroad grade crossing;

• n. Regulating vehicular traffic on privately owned and maintained roads or ways within the boundaries of any housing project or within the site of any housing owned or operated by a

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City of Oakley, CA § 6.1.104

OAKLEY CODE

§ 6.1.112

Housing Authority created under and by virtue of the Housing Authorities Law, commencing at Section34200 of the Health and Safety Code of the State of California, on privately owned and maintained roads or ways within areas which would be a residence district if the road or way were a public highway, or, with the consent of the owner, on publicly owned and maintained roads and ways within areas not owned by this City;

• o. Prohibiting the making of any turning movement by any vehicle at any intersection or between any designated intersections;

• p. Prohibiting the parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day;

• q. Declaring a prima facie speed limits of 30, 35, 40, 45, 50, 55, or 60 miles per hour, or a maximum speed limit of 65 miles per hour, on any street other than a State highway otherwise subject to a prima facie speed limit of 25 miles per hour;

• r. Declaring a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour on any portion of any street other than a State Highway where the street is subject to a speed limit of 65 miles per hour;

• s. Regulating the installation and operation of mechanical devices for the control of vehicular and pedestrian traffic;

• t.

  • Establishing weight limitation for vehicles traveling over roads and bridges;

• u.

• Providing for the delineation of parking spaces.

Every traffic order made under Section 6.1.104 shall be based on a traffic and engineering survey and shall conform with accepted principles and practices of traffic engineering.

No traffic order shall be effective until:

• a. It has been adopted by resolution of the City Council; and

• b. Appropriate signs or markings, meeting the requirements of the Vehicle Code of the State of California, are placed to give notice of the regulation to the traveling public, unless the regulation itself constitutes notice.

• a. Resolutions adopting traffic orders shall be numbered consecutively, in a numerical series separate from that applied to other resolutions of the City Council.

• b. A copy of each resolution adopting a traffic order shall be filed with the City Engineer.

Violations of traffic orders adopted under this section shall be punished as provided in California Vehicle Code Sections 40000.1 and 42001.

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.1.202

§ 6.1.206

Article 2

MISCELLANEOUS PROVISIONS

• a. No person driving, in control of, or in charge of any vehicle shall stand or park if on any street or highway where the grade exceeds 3%, in any business or residential district as defined by the California Vehicle Code, without setting the brakes and blocking the wheels of the vehicle by turning them against the curb or by other means.

• b. Any person violating this section shall be punished as provided in Vehicle Code Section 42001.

• a. Prohibition. No person shall stand or park a commercial vehicle on public or private property in any residential district as defined by subsection (b) of this section unless such vehicle is permitted through a home based business permit or exempted per subsection (c) of this section. For the purpose of this subsection a "commercial vehicle" means any vehicle defined by California Motor Vehicle Code Section 15210.

• b. Residential District. For the purposes of this section, "residential district" shall be defined as any residential zoning district listed in the City of Oakley Zoning Ordinance, including any area zoned P-1 that has residential uses, or any area designated for residential uses in the City of Oakley General Plan. This definition includes any highway or street that abuts a residential district.

• c. Exemptions. This section does not apply to any commercial vehicle actively making any delivery or pick-up of goods, wares, building materials and merchandise to any dwelling or structure located in a residential district. The term "commercial vehicle" does not include recreational vehicles, such as camping trailers, motor homes, and recreational boats on trailers. The term "commercial vehicle" also does not include any pickup truck, whether having commercial license plates or not. The term "commercial vehicle" also does not include a moving truck being used for the purposes of moving.

• d. Punishment. Any person violating this section shall be punished as provided in Vehicle Code Section 42001.

(Urgency Ord. 17-06, 9/25/2006; Ord. 18-06, 10/9/2006; Ord. 05-14, 5/13/2014)

• a. Application of Regulations.

  • 1. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official traffic control device.
  • 2. The provisions of this chapter 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 this chapter prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

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City of Oakley, CA

OAKLEY CODE

§ 6.1.206

§ 6.1.210

• 3. In addition to any other persons authorized by law, any employee of the City classified as a Police Service Aide or Parking Enforcement Officer is authorized to give the notice required by the Vehicle Code of the State of California of any violation of this Code or of local regulations governing the stopping, standing or parking of vehicles.

• b.

  • Use of streets or public parking facilities for storage of vehicles.

  • 1. No person who owns or has possession, custody, or control of any vehicle shall park or leave such vehicle standing upon any highway, street or alley or public parking facility for a period of five or more consecutive hour days.
    • a) For the purposes of this section, a vehicle shall be considered to have been parked or left standing for five or more consecutive days if it has not been moved 100 or more feet in that time.
  • 2. Prior to removing any vehicle, notice shall be affixed to the vehicle advising that the vehicle will be removed for violation of this section, five days after providing such notice, unless before the expiration of that five-day period, the odometer shows that the vehicle has been moved at least 100 feet or more. The Police Department may adopt regulations to define special circumstances under which the owner of a vehicle in violation of this chapter will receive a second five-day notice prior to removal of the vehicle.
  • 3. In the event a vehicle is parked or left standing upon a highway, street or alley or public parking facility in excess of a consecutive period of five or more consecutive days, any member of the Police Department authorized by the Chief of Police may remove such vehicle from the street as authorized by the California Vehicle Code and subject to the provisions of this section.

• c. Adoption of supplemental regulations. The Police Department may adopt additional regulations for the implementation of the provisions of this chapter, including but not limited to the definition of special circumstances under which the owner of a vehicle in violation of this chapter will be provided with a second five-day notice prior to the removal of the vehicle from the public streets.

The City Engineer may cause municipal roads to be marked with white lines designating parking spaces. Where parking spaces have been so designated, no vehicle shall be parked except within such marked spaces.

The City Engineer may have signs placed giving notice that vehicles may be removed from any municipal road, and twenty-four (24) hours thereafter may have the vehicle removed in accordance with the provisions of this code and the Vehicle Code, when:

• a. The use of any municipal road, or a portion thereof, is either:

  • 1. Necessary for the cleaning, repair or construction of the road or for the installation of underground utilities; or

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.1.210

§ 6.1.214

• 2. Authorized by permit for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size; and the parking of any vehicle would prevent or interfere with any such use; or

• b. A vehicle is illegally on a municipal road in violation of a municipal traffic ordinance or resolution forbidding standing or parking.

Pursuant to the authority contained in Vehicle Code Section35700, trucks, and vehicle combinations transporting garbage, rubbish and/or swill shall be deemed in compliance with Vehicle Code Sections35550 and 35551 if the maximum gross weight imposed on City Highways in subsection (b) by the wheels on any one axle is not over twenty-three thousand (23,000) pounds and the gross weight on the wheel(s) supporting one end of an axle and resetting on the roadway is not over twelve thousand five hundred (12,500) pounds.

It is unlawful and a public nuisance for any person to operate, drive, or park any motor or recreational vehicle, including but not limited to cars, trucks, SUVs, motor homes, boats, trailers, ATVs, motorcycles, and commercial haulers, in, over or upon a private driveway of a vacant parcel or a private vacant parcel without the express permission of the owner of the private driveway of the vacant parcel or private vacant parcel, or person in lawful possession of the private driveway of the vacant parcel or private vacant parcel, or the authorized agent of either if a sign has been posted prohibiting such activity or if a person engages in such activity after a warning citation has first been issued to such person. A code enforcement officer or other officer with citation authority may request from any person proof of consent from the owner, person in lawful possession or the authorized agent of either.

Any person not in compliance with this section shall be guilty of an infraction and shall incur a fine as set forth in Section 1.5.002(d). Any person may appeal a fine as set forth in Section 1.8.002.

(Ord. 04-11, 3/22/2011)

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City of Oakley, CA

PUBLIC WORKS REGULATIONS

§ 6.1.302

§ 6.1.310