Piedmont Municipal Code Art. I In General

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

BICYCLE. A light vehicle without a motor, having two wheels, handlebars and a seat, propelled by the operator.

BUSINESS DISTRICT. The territory contiguous to a street, when fifty percent or more of the frontage thereon for a distance of three hundred feet or more, is occupied by buildings in use for retail business; also, any territory contiguous to a street which is

2 For state law definitions contained in Vehicle Code, see Veh. C. §§100 to 675.

Motor Vehicles & Traffic

immediately adjacent to or a continuation of a street within a business district when such territory is so designated by a resolution of the City Council.

COACH. Any motorbus, motorcoach, trackless trolley or passenger stage used as a common carrier of passengers.

CURB. The lateral boundary of the roadway whether such a curb be marked by curbing construction, or not so marked. The word "curb" as used in this chapter shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies.

DIVISIONAL ISLAND. A raised island located in the roadway and separating opposing or conflicting streams of traffic.

HOLIDAYS. Holidays, within the meaning of this chapter, are the first of January, twelfth day of February, twenty-second day of February, thirtieth day of May, fourth day of July, ninth day of September, first Monday in September, twelfth day of October, eleventh day of November, twenty-fifth day of December, Good Friday from 12:00 noon until the hour of 3:00 p.m., and every day appointed by the President of the United States or by the Governor of this state for a public fast, thanksgiving or holiday.

If any of the above-mentioned dates should fall upon a Sunday, the Monday following is a holiday.

LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

OFFICIAL TRAFFIC SIGNALS. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.

PARK. To stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

PEDESTRIAN. Any person afoot.

POLICE OFFICER. Every officer of the police department of the City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

STOP. When required, means complete cessation of movement.

Motor Vehicles & Traffic

STOPPING OR STANDING. When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

TRAFFIC. Pedestrians, ridden or herded animals, vehicles, trains and other conveyances either singly or together while using any street for purposes of travel.

Whenever any words or phrases used in this chapter are not defined in this chapter but are defined in the Vehicle Code of the state thereto, such definitions are incorporated in this chapter and shall be deemed to apply to such words and phrases used herein as though fully set forth in this chapter. (Ord. No. 199 N.S., 9/58)

The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to authorized emergency vehicles operated by the police or fire department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the state Vehicle Code in response to an emergency call.

The foregoing exemptions shall not, however, protect the operator of any such vehicle from the consequences of his willful disregard of the safety of others. (Ord. No. 199 N.S., 9/58)

A. The City Council may from time to time by resolution prohibit the use of particular streets by certain types of vehicles, including but not limited to commercial vehicles.

B. Whenever any resolution of the City Council designates and describes any street or portion hereof as a street, the use of which is prohibited for any particular type of vehicle, the Director of Public Works shall erect and maintain appropriate signs on those streets affected by such resolution.

C. Pursuant to California Vehicle Code Section 35701a, and except as later modified or revoked by City Council resolution, commercial vehicles exceeding five (5) tons are prohibited on the following streets except at those times when it is necessary for said vehicles to travel on said streets for the sole purpose of reaching a destination for loading or unloading, provided that the route of travel on said street is the shortest deviation from the nearest truck route or non-prohibited street:

Highland Avenue 2. Oakland Avenue from Grand Avenue to Scenic Avenue.

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St. James Drive from Park Blvd to LaSalle.

(Ord. No. 199 N.S., 9/58; Ord. No. 475 N.S., 2/86)

It shall be unlawful for any person to move or operate upon any of the City streets any vehicle in violation of such posted prohibitions pursuant to Section 11.3 of the City Code, or to so move or operate any vehicle with a load in excess of those permitted by the state Vehicle Code without a written permit from the Director of Public Works or his designee.

The Director of Public Works or his designee may, by written permit, authorize a load in excess of those allowed for in the state Vehicle code, if, in his judgment, the streets upon which such vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee to the City that all costs of repair to the streets or to the public property of the City damaged by the movement of such load will be paid in full. Such permit shall be granted upon such conditions and upon depositing such bond as the Director of Public Works or his designee in his discretion may require. (Ord. No. 199 N.S., 9/58; Ord. No. 475 N.S., 2/86)

A. The City Council may from time to time designate certain streets as truck routes for operation of vehicles exceeding a maximum gross weight limit of five (5) tons.

B. Whenever any resolution of the City Council designates and describes any street or portion thereof as a street, the use of which is permitted by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit of five (5) tons, the Director of Public Works is hereby authorized to designate such street or streets by appropriate signs as "Truck Routes" for the movement of commercial vehicles or by vehicles exceeding a maximum gross weight limit of five (5) tons.

C. When any such truck route or routes are established and designated by appropriate signs, the operator of any commercial vehicle or any vehicle exceeding a maximum gross weight limit of five (5) tons shall drive on such route or routes and none other, except when necessary to traverse another street or streets to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary.

Motor Vehicles & Traffic

D. The provisions of this section shall not apply to: (1) passenger buses under the jurisdiction of the Public Works Utilities Commission, (2) any vehicle owned by a public utility, (3) refuse collection vehicles which operate on city streets pursuant to provisions of the City Code, and (4) emergency vehicles.

E. Pursuant to California Vehicle Code and posted as 35700(a), the following streets and street segments shall be designated as "Truck Routes" for commercial vehicles exceeding a maximum gross weight limit of five (5) tons; except as such streets and street segments may be modified or removed by resolution of the City Council:

(1) MORAGA AVENUE from the easterly City limit east of Maxwelton Road to the westerly City limit at Ramona Avenue.

(2) GRAND AVENUE from the northerly City limit at Rose Avenue to the southerly City limit at Wildwood Avenue.

(3) OAKLAND AVENUE from Grand Avenue to the westerly City limit west of Olive Avenue.

DRIVEWAYS, ETC.

It shall be unlawful for any person to operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if signs or markings are in place indicating that the use of such driveway is prohibited.

For the purpose of this section, a commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton. (Ord. No. 199 N.S., 9/58)

ETC., SUBJECT TO ORDER OF POLICE DEPARTMENT3

It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession or a parade; provided, however, that such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be entirely subject to the order of the police department. (Ord. No. 199 N.S., 9/58)

It shall be unlawful for any person to attach himself with his hands, or to catch on, or hold onto with his hands or by other means, to any moving vehicle or train for the purpose of receiving motive power therefrom. (Ord. No. 199 N.S., 9/58)

It shall be unlawful for any person to ride or drive any animal or vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed. (Ord. No. 199 N.S., 9/58)

3 For state law as to power of local authorities to regulate processions, see Veh. C.A., §21100 et. seq.

As to parking inside limit markers for funeral services, see §11.51 of this code.

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It shall be unlawful for the operator of any vehicle to enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians notwithstanding any traffic-control signal to proceed. (Ord. No. 199 N.S., 9/58)

SIDEWALKS OF BUSINESS DISTRICT

It shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway or upon the sidewalk in the business district. (Ord. No. 199 N.S., 9/58)

ON SIDEWALKS; EXCEPTION

It shall be unlawful for any person to ride, drive, propel or cause to be propelled any vehicle or animal across or upon any sidewalk except over permanently constructed driveways and except when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided, that the sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the superintendent of streets.
Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m. (Ord No. 199 N.S., 9/58)

It shall be unlawful for any person to operate over the City streets any vehicle, piece of equipment or machinery which has lugs, cleats, flanges or other projections on the wheels or tracks. If the tread of the track has projections or corrugations, a filler block may be placed on each section so that a flat bearing surface will be in contact with the pavement at all times. (Ord. No. 199 N.S., 9/58)

The City Council may by ordinance designate those intersections at which it shall be unlawful for the operator of any vehicle to make a right, left or U-turn, and shall direct the chief of police to place appropriate signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs.

Whenever authorized signs are erected indicating that no right, left or U-turn is permitted, it shall be unlawful for the operator of any vehicle to disobey the directions of any

4 For state law as to power of local authorities to prohibit the making of turning movements at intersections, see Veh. C.A., §21961.

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such sign. (Ord. No. 199 N.S., 9/58)

It shall be unlawful for the operator of any vehicle to make a turn in that vehicle at the following intersections within the time periods set forth hereafter:

(a) Left turns from Moraga Avenue to Estrella Avenue between the hours of 6:30 a.m. to 9:30 a.m. shall be prohibited. (Ord. No. 530 N.S., 12/91)

(b) Left turns from Moraga Avenue to Monte Avenue between the hours of 6:30 a.m. to 9:30 a.m. shall be prohibited. (Ord. No. 533 N.S., 2/92)

(c) Left turns from Moraga Avenue to Mesa Avenue between the hours of 6:30 a.m. to 9:30 a.m. shall be prohibited. (Ord. No. 533 N.S., 2/92)

The chief of police shall place appropriate signs at such intersection setting forth such prohibition, including the hours during which such left turns shall be prohibited. (Ord. No. 530 N.S., 12/91)

The chief of police is hereby authorized and directed to suitably indicate by appropriate signs those streets or portions of streets designated by resolution of the Council as one-way streets.

It shall be unlawful for any person to drive any vehicle on any one-way street except in the direction indicated by signs posted at intersections of such one-way streets. (Ord. No. 199 N.S., 9/58)

AND RAILROAD CROSSINGS BY RESOLUTION-GENERALLY

The Council may by resolution designate and describe any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop. (Ord. No. 199 N.S., 9/58)

The chief of police shall erect and maintain stop signs on each street intersecting a through street or portion thereof so designated by resolution of the Council, and at those

5 As to parking on one-way streets, see §11.50 of this Code.

Motor Vehicles & Traffic

entrances of other intersections where a stop is required, and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the state Vehicle Code. (Ord. No. 199 N.S., 9/58)

Any person who shall be convicted of a violation of this chapter or any section thereof shall be deemed guilty of a misdemeanor.

In addition to all other punishments herein provided, the court may, for a definite period, suspend or revoke an operator's or chauffeur's license, upon conviction of the licensee for a violation of any of the provisions of this chapter. (Ord. No. 199 N.S., 9/58)