Portola Municipal Code Ch. 10.40 Uniform Traffic Ordinance

A. The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this article.

B. Whenever any words and phrases used herein are not defined herein but are defined in the Vehicle Code of the state of California and amendments thereto, such definitions shall apply.

1. "Bicycle" means a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears, and having two or more wheels.

2. "Bus" means any motor vehicle, other than a motor-truck or truck tractor, designed for carrying more than ten persons including the driver, and used or maintained for the transportation of passengers; except that any motor vehicle, other than a motor-truck or truck tractor, designed for carrying not more than twelve persons, including the driver, which is maintained and used in the nonprofit transportation of adults to and from a work location as part of a carpool program or when transporting only members of the household of the owner thereof, shall not be considered to be a bus for the purposes of this section.

3. "Coach" means any motor bus, motor coach, trackless trolley or passenger stage used as a common carrier of passengers.

4. "Council" means the council of the city of Portola.

5. "Crosswalk" means either:

a. That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street;

b. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.

6. "Curb" means the lateral boundary of the roadway, whether such curb is marked-curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from marking strips in the center of the street, nor from tracks or rights-of-way of public utility companies.

7. "Divisional island" means a raised island located in the roadway and separating opposing or conflicting streams of traffic.

8. "Gross weight" means the weight of a vehicle without load, plus the weight of any load thereon.

9. Holidays. Within the meaning of this chapter, holidays are the first day of January, known as "New Year's Day;" the fifteenth day of January, known as "Martin Luther King Jr., Day;" the third Monday in February, known as "President's Day;" the last Monday in May, known as "Memorial Day;" the fourth day of July, known as "Independence Day;" the first Monday in September, known as "Labor Day;" the ninth day of September, known as "Admission Day;" the eleventh day of November, known as "Veteran's Day;" and the day after in November, known as "Thanksgiving Day;" and the day after Thanksgiving Day; and the twenty-fifth day of December, known as "Christmas." In the event New Year's Day, President's Day, Martin Luther King Jr. Day, Independence Day, Admission Day and Christmas fall on Sunday, the following day will be taken in lieu of the holiday, and if they fall on Saturday, the Friday preceding will be deemed a holiday.

10. "Loading zone" means the space reserved for the exclusive use of vehicles during the loading or unloading of passengers or freight.

11. Official Time Standard. Whenever certain hours are named in this chapter, they shall mean standard time or daylight-saving time, as may be in current use in this city.

12. "Ordinance" means the ordinance, rule or regulation adopted by the local authority relating to the movement of traffic and enforcement thereof.

13. "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

14. "Parking meter" means a device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.

15. "Parkway" means that portion of street right-of-way other than a roadway or a sidewalk.

16. "Passenger loading zone" means space reserved for the exclusive use of vehicles while receiving or discharging passengers.

17. "Pedestrian" means any person who is afoot or who is using means of conveyance propelled by human power other than a bicycle.

18. "Person" means and includes a natural person, firm, copartnership, association, or corporation.

19. "Police officer" means every officer or deputy sheriff of the county of Plumas, or California Highway Patrol, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

20. "Pushcart" means a vehicle propelled by a person but not ridden upon.

21. "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

22. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

23. "Stop" or "stopping", when prohibited, means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device or signal.

24. "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway.

25. "Streetcar" means a car other than a railroad train for transporting persons or property and operated upon rails, principally within a municipality.

26. "Traffic district" means all streets and portions of streets within the area described as the city limits of Portola.

27. "Trailer" means a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon any other vehicle.

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

29. "Vehicle Code" means the Vehicle Code of the state of California.

(Ord. 211 § l (part), 1985)

The position of city traffic engineer is hereby established. He shall exercise the powers and duties as provided in this chapter. He shall be responsible for all traffic engineering functions. The city may contract for traffic engineering services in lieu of employing a salaried traffic engineer.

(Ord. 211 § l (part), 1985)

A. At the direction of the council, the traffic engineer shall determine the installation and proper timing and maintenance of traffic-control devices and signals, to conduct engineering analysis of traffic accidents and to devise remedial measures, to conduct engineering and traffic surveys of traffic conditions, and to cooperate with other city officials 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.

B. Whenever the city traffic engineer is required or authorized to place or maintain official traffic-control devices or signals, he may cause such devices or signals to be placed or maintained.

C. 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 a person authorized in writing by him.

(Ord. 211 § l (part), 1985)

Whenever the accidents at any particular location become numerous, the city traffic engineer shall conduct studies of such accidents and determine remedial measures.

(Ord. 211 § l (part), 1985)

A. The Sheriff of Plumas County, by and with the approval of the city traffic engineer, is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety days.

B. The city traffic engineer may test traffic-control devices under actual conditions of traffic.

C. The sheriff may authorize the temporary placing of official traffic-control devices when required by an emergency. The sheriff shall notify the city traffic engineer of his action as soon thereafter as is practicable.

(Ord. 211 § 1 (part), 1985)

The city council may establish an advisory traffic committee to serve without compensation, consisting of the sheriff or his representative, the city traffic engineer, a member of the city council, and the city attorney or his representative. The chairman of the committee shall be appointed by the mayor and may be removed by him/her.

(Ord. 211 § l (part), 1985)

It shall be the duty of the traffic committee to suggest the most practicable means for coordinating the activities, of all officers and agencies having authority with respect to the administration and enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints regarding traffic matters; and to recommend to the local authority of this city and to the sheriff and the city traffic engineer and other city officials ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

(Ord. 211 § 1 (part), 1985)

Officers of the sheriff's department, community service officers and other such officers as are assigned are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the sheriff's department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this chapter or the California Vehicle Code.

(Ord. 211 § 1 (part), 1985)

(Ord. No. 323, 3-12-2008)

It is unlawful for any person to do any act forbidden or required to be performed in this chapter.

(Ord. 211 § l (part), 1985)

No person other than an officer of the sheriff's department or members of the fire department or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as herein provided, any mechanical pushbutton signal erected by order of the city traffic engineer.

(Ord. 211 § l (part), 1985)

Every person propelling any pushcart upon a roadway shall be granted all the rights and shall be subject to all duties applicable to the driver of a vehicle by this chapter and by the rules of the road portion of the California Vehicle Code, except those provisions which by their very nature can have no application.

(Ord. 211 § l (part), 1985)

No person shall interfere with or obstruct in any way any police officer, community service 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 sheriff, 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. 211 § l (part), 1985)

(Ord. No. 323, 3-12-2008)

The city traffic engineer, as authorized by the local authority, shall place and maintain or cause to be placed and maintained official traffic-control devices upon streets and highways, as required under the California Vehicle Code or the traffic ordinances of the city, to make effective the provisions of the Code or the ordinances, and may place and maintain or cause to be placed and maintained such appropriate official traffic-control devices as he may deem necessary properly to indicate and to carry out the provisions of the Code or the ordinances, or to warn or guide traffic.

(Ord. 211 § l (part), 1985)

No provision of the California Vehicle Code or of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator unless appropriate official traffic-control devices are in place giving notice of such provisions of the traffic laws.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer is authorized by the local authority to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.

B. The city traffic engineer shall ascertain and determine the locations where such signals are required by an engineering and traffic survey, and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the department of transportation traffic manual.

C. The city traffic engineer shall erect and maintain at each signal-controlled intersection street name signs clearly visible to traffic approaching from all directions.

(Ord. 211 § l (part), 1985)

The city traffic engineer, with the approval of the city council, shall have authority to declare any street or part thereof a play street and to place appropriate official traffic-control devices in the roadway indicating and helping to protect the same.

(Ord. 211 § l (part), 1985)

Whenever authorized official traffic-control devices are placed indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

(Ord. 211 § l (part), 1985)

The city traffic engineer shall have authority to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

(Ord. 211 § l (part), 1985)

The city traffic engineer shall have authority to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority to place and maintain upon highways distinctive roadway markings as described in the Vehicle Code.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to remove, relocate or discontinue the operation of any traffic-control device not specifically required by the Vehicle Code or this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.

(Ord. 211 § l (part), 1985)

The city traffic engineer, as authorized by the local authority, 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. 211 § l (part), 1985)

No person or agency, unless authorized by the city traffic engineer, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any ordinance or resolution of this city pertaining thereto.

(Ord. 211 § l (part), 1985)

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city except where the city traffic engineer authorized by the local authority, upon the basis of an engineering and traffic survey, determines that other speed limits shall be applicable on specified streets or in certain areas.

(Ord. 211 § l (part), 1985)

A. Whenever the city traffic engineer, as authorized by the local authority, determines upon the basis of an engineering and traffic survey that a speed greater than twenty-five miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of twenty-five miles per hour, he may declare a prima facie speed limit of thirty, thirty-five, forty, forty-five, fifty, or fifty-five miles per hour, or a maximum speed as established by state law, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.

B. Speed limits established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon said street or highway.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to place official traffic-control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersection. 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, or they may be removed when such turns are permitted.

(Ord. 211 § l (part), 1985)

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to erect appropriate signs prohibiting right turn against a red or stop signal at any intersection.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to determine and designate one-way streets or alleys, and shall place and maintain official traffic-control devices giving notice thereof. No such designation shall be effective unless such devices are in place.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority to erect and maintain stop signs, yield signs, or other official traffic-control devices to designate through streets or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the intersection or junction.

(Ord. 211 § l (part), 1985)

No driver shall 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 indication to proceed.

(Ord. 211 § l (part), 1985)

No driver of a vehicle (or motorman of a streetcar) shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or sheriff's officers.

(Ord. 211 § 1 (part), 1985)

Each driver in a funeral or other procession shall drive as near to the righthand edge of the roadway as practicable, and shall follow the vehicle ahead as close as is practicable and safe.

(Ord. 211 § l (part), 1985)

A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia, or by such other method as may be determined and designated by the traffic engineer.

(Ord. 211 § l (part), 1985)

No funeral, procession or parade containing two hundred or more persons or fifty or more vehicles, except the armed forces of the United States, the military forces of this state and the forces of the sheriff and fire departments, shall occupy, march or proceed along any street except in accordance with a permit.

(Ord. 211 § 1 (part), 1985)

No person shall board or alight from any streetcar or vehicle while such streetcar or vehicle is in motion.

(Ord. 211 § 1 (part), 1985)

No person shall ride on any streetcar or vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of duty, or to persons riding within truck bodies in space intended for merchandise.

(Ord. 211 § l (part), 1985)

Except where otherwise indicated by a crosswalk or other official traffic-control devices, a pedestrian shall cross a roadway at right angles to the curb or by the shortest route to the opposite curb.

(Ord. 211 § l (part), 1985)

A. No pedestrian shall cross a roadway other than in a crosswalk in the traffic district or in any business district.

B. No pedestrian shall cross a roadway other than in a crosswalk upon any of the designated through streets or parkways.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer, as authorized by the local authority shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway where in his opinion there is particular danger to pedestrians crossing the roadway.

B. The city traffic engineer, as authorized by the local authority, may install signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer, as authorized by the local authority, shall determine upon what streets angle parking shall be permitted, and shall mark or sign such streets; but such angle parking shall not be indicated upon any federal aid or state highway within the city unless the Department of Transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

B. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any streetcar tracks.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer is authorized by the local authority to issue special permits to authorize the backing of a vehicle to the curb for the purpose of loading or unloading property, subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property alongside the curb or to the owner of the vehicle, and shall grant to such person the privilege as therein stated and herein authorized.

B. It is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer is authorized by the local authority to determine the location of no-stopping zones and no-parking areas, and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this chapter and the Vehicle Code are applicable.

B. No-stopping zones and no-parking areas shall be indicated by red paint upon the top of all curbs in said zones and areas.

(Ord. 211 § l (part), 1985)

No person shall stop, park or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic-control device, in any of the following places:

A. Within any divisional island, unless authorized and clearly indicated with appropriate signs or markings;

B. On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;

C. In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, or would cause unusual delay to traffic, when such area is indicated by appropriate sign or by red paint upon the curb surface;

D. In any area established by resolution of the local authority as a no-parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface;

E. Within any parkway;

F. On any 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 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 of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking;

G. At any place within twenty feet of a crosswalk at an intersection in the traffic district or in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface, except that a bus may stop at a designated bus stop;

H. Within twenty feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device;

I. When a vehicle is parked or left standing upon any city street or alley for seventy-two or more consecutive hours.

(Ord. 211 § 1 (part), 1985)

No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less then ten feet of the width of the roadway for free movement of vehicular traffic.

(Ord. 211 § l (part), 1985)

Procedures for the removal of abandoned vehicles shall contain all of the following provisions:

A. Notice will be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including but not limited to the registration card, certificates of ownership, or license plates.

B. Inapplicable to removal are (1) 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 (2) 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 dismantler, licensed vehicle dealer, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law.

C. 1.

Not less than a ten-day notice of intention to abate and remove the vehicle or part thereof as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission or wheels, and incapable of being towed, is valued at less than two hundred dollars by a person specified in Section 22855 of the Vehicle Code, and is determined by the local agency to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. Prior to final disposition under Section 22662 of the Vehicle Code of such a low-valued vehicle or part for which evidence of registration was recovered pursuant to subsection A, the local agency shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within twelve days after the notice is mailed, from a location specified in Section 22662 of the Vehicle Code, final disposition may proceed. No local agency or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this section.

2. This subsection applies only to inoperable vehicles located upon a parcel that is (a) zoned for agricultural use or (b) not improved with a residential structure containing one or more dwelling units.

D. The ten-day notice of intention to abate and remove a vehicle or part thereof, when required by Section 22661 of the Vehicle Code, shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shill 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 owners of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership.

E. A public hearing is to be held before the governing body of the city, county, or city and county, or any other board, commissioner or official of the city, county, or city and county, as designated by the governing body, upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle is located. This request shall be made to the appropriate public body, agency or officer within ten days after the mailing of notice of intention to abate and remove the vehicle, or at the time of signing a release pursuant to subsection C of this section. 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 such a request is not received within such period, the appropriate public body, agency or officer shall have the authority to remove the vehicle.

F. After a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.

G. Authorizing the owner of the land on which the vehicle is located to appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the local authority shall not access costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner.

(Ord. 220 § 1, 1986: Ord. 211 § l (part), 1985)

No person shall park a vehicle on certain streets or highways, or portions thereof, for a period of time longer than thirty minutes between the hours of two a.m. and six a.m. of any day, except physicians on emergency calls.

(Ord. 211 § 1 (part), 1985)

No person shall park a vehicle upon any roadway for the principal purpose of:

A. Displaying such vehicle for sale;

B. Washing, polishing, greasing or repairing such vehicle, except repairs necessitated by an emergency.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to place signs or markings indicating no parking upon either or both sides of any street adjacent to any school property when such parking could in his opinion, interfere with traffic or create a hazardous situation.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by signs or marking when the width of the roadway does not exceed thirty feet.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles.

(Ord. 211 § 1 (part), 1985)

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 erected to permit such standing or parking. The city traffic engineer is authorized by the local authority to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway, and to erect signs giving notice thereof.

(Ord. 211 § l (part), 1985)

No person driving or in control of, or in charge of a motor vehicle shall permit it to stand on any highway unattended 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.

(Ord. 211 § l (part), 1985)

A. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise or food are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunchwagon or eating car or vehicle, on any portion of any street within this 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 time 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 or distribution.

B. No person shall park or stand on any street any lunchwagon, eating cart or vehicle, or pushcart from which articles of food are sold or offered for sale, without obtaining a written permit to do so from the city traffic engineer which shall designate the specific location in which such cart shall stand.

C. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit do so from the city traffic engineer, which shall designate specific location where such vehicle may stand.

D. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the city traffic engineer upon the filing of the record of such conviction with such officer, and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation.

(Ord. 220 § 2, 1986; Ord. 211 § l (part), 1985)

Whenever the city traffic engineer determines that an emergency traffic congestion is likely to result from the holding of public or private processions or assemblages, he as authorized by the local authority shall place temporary signs indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys. Such signs shall remain in place only during the existence of such emergency and the city traffic engineer shall remove such signs thereafter.

(Ord. 211 § l (part), 1985)

A. The city traffic engineer is authorized by the local authority to determine the location of loading zones and passenger loading zones, and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this chapter and the Vehicle Code are applicable.

B. Loading zones shall be indicated by yellow paint upon the top of all curbs in said zones. Yellow shall mean no stopping, standing or parking at any time between seven a.m. and six p.m. of any day except Sunday(s) (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 and unloading of freight more than twenty minutes.

C. Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones. White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes, and such restrictions shall apply between seven a.m. and six p.m. of any day except Sunday(s) (and holidays) and except as follows:

1. When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times;

2. When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed.

(Ord. 211 § l (part), 1985)

A. Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of freight shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty minutes.

B. The loading or unloading of freight shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States Mail.

C. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor, and in no event for more than three minutes.

D. Within the total time limits above specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading and unloading, but without permitting abuse of the privileges hereby granted.

(Ord. 211 § 1 (part), 1985)

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of passengers or freight in any alley.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate official traffic-control devices.

(Ord. 211 § 1 (part), 1985)

A. The operator of a bus shall not stand or park such vehicles upon any street at any place other than a bus stand so designated as provided herein.

B. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone so designated as provided herein, except in case of an emergency.

C. The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. The provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading and unloading of passengers.

(Ord. 211 § 1 (part), 1985)

No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority, on the basis of an engineering and traffic survey, to prohibit, regulate or limit stopping, standing or parking of vehicles, and shall place and maintain official traffic-control devices indicating the same and stating the hours during which the provisions of this chapter and the Vehicle Code are applicable.

(Ord. 211 § l (part), 1985)

Time-limit parking zones, such as twenty-four-minute, forty-minute, one-hour, two-hour, etc., shall be indicated by green paint upon the top of all curbs in said zones. Green shall mean no standing or parking for a period of time longer than indicated at any time between nine a.m. and six p.m., on any day except Sunday(s) and holidays.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority to install and maintain parking space markings to indicate parking spaces for on-street and off-street parking.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority, on the basis of an engineering and traffic survey, to erect and maintain official traffic-control devices on any streets or parts of streets to impose gross weight limits as prescribed by the Vehicle Code.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority, on the basis of an engineering and traffic survey, to erect and maintain official traffic-control devices on any streets or parts of streets to prohibit the operation of trucks exceeding the limit of pounds gross weight as prescribed by the Vehicle Code, provided that such devices shall not prohibit necessary local operation on such streets for the purpose of making a pickup or delivery.

(Ord. 211 § l (part), 1985)

The city traffic engineer is authorized by the local authority, on the basis of an engineering and traffic survey, to erect and maintain official traffic-control devices on any streets or parts of streets to prohibit the operation of trucks exceeding the limit of pounds gross weight as prescribed by the Vehicle Code, provided that such devices shall not prohibit necessary local operation on such streets for the purpose of making a pickup or delivery.

(Ord. 211 § 1 (part), 1985)

The city traffic engineer is authorized by the local authority, on the basis of an engineering and traffic survey, to determine and designate those heavily traveled streets upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic, and shall erect appropriate official traffic-control devices giving notice thereof.

(Ord. 211 § l (part), 1985)

Persons using "blue-curb" parking spaces shall comply with the following:

A. Blue-curb parking spaces shall be operative twenty-four hours a day, Sundays and holidays included.

B. Parking zones for the physically handicapped are subject to any temporary parking prohibitions established by this city.

(Ord. 211 § l (part), 1985)

The city traffic engineer, as authorized by the local authority, shall designate special "blue-curb" parking spaces for the purpose of providing on-street parking for exclusive use of physically handicapped persons.

(Ord. 211 § 1 (part), 1985)

The city administrator shall designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for exclusive use of physically handicapped persons.

(Ord. 211 § 1 (part), 1985)

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.

(Ord. 211 § l (part), 1985)

A. On-street Blue-curb Spaces.

1. Blue-curb spaces shall be indicated by blue paint on the curb. For further identification, the International Symbol of Access shall be painted on the street area in white, followed by the word "ONLY."

2. In addition, a sign not less than seventeen inches by twenty-two inches, with lettering not less than one inch in height, shall be posted stating:

a. "Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations."

b. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning: Sheriff's Department."

3. All signs shall be posted at a height of eighty inches from the ground.

B. Off-street/Publicly Owned Facilities.

1. Designation of blue-curb parking stalls in publicly financed off-street parking facilities shall be made by posting immediately adjacent to, and visible from same, a sign consisting of the International Symbol of Access.

2. In addition a sign not less than seventeen inches by twenty-two inches in size must be posted either at the entrance to the parking facility or immediately adjacent to and visible from the reserved stall(s), which states with lettering not less than one inch in height:

a. "Unauthorized vehicles not displaying distinguishing license plates or placards issued for physically handicapped persons will be issued citations".

or

b. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning the sheriff's department".

NOTE: The operator of the parking facility may then, and only after first contacting the sheriff's department, cause the removal of a violator's automobile from the nearest stall to the nearest public garage.

3. All signs shall be posted at a height of eighty inches from the ground.

C. Off-street/privately financed facilities.

1. Designation of blue-curb parking stalls in privately financed off-street parking facilities shall be made by posting immediately adjacent to and visible from same a sign consisting of the international symbol of access.

2. In addition, a sign not less than seventeen inches by twenty-two inches in size with lettering not less than one inch in height which clearly states:

a. "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (916)".

3. This sign shall be posted at the entrance to the parking facility or immediately adjacent to, and visible from the reserved stall(s).

NOTE: The person in lawful possessions of the parking facility may then, and only after first contacting the sheriff's department, cause the removal of a violator's automobile from the stall to the nearest public garage.

4. A sign must be posted at the entry to all off-street parking facilities to the effect that the facility is subject to public traffic regulations and control.

5. All signs shall be posted at a height of eighty inches from the ground.

(Ord. 211 § l (part), 1985)

An "oversize vehicle" is any vehicle, motorized or nonmotorized, that exceeds twenty-five feet in length, or exceeds seven feet in width, and/or exceeds seven feet in height. Oversize vehicles shall include all buses, truck tractors, semi-trailers, motor-trucks, trailers, campers, camp trailers, house cars, trailer coaches and other equipment or machinery, regardless of width, length or height.

(Ord. 211 § l (part), 1985)

A. Oversize vehicles may be parked or stored on private property in all yard areas except the required front yard setback or any side yard abutting a street right-of-way. Semi-trailers, camp trailers, campers and/or house cars may be parked on the apron in front of a yard setback located between the driveway and the side property line closest to the driveway if:

1. The trailer or vehicle does not project over any property line;

2. The parking or storage area has a paved or graveled surface; and

3. The area around said trailers and vehicles is kept clean and free of trash, debris and/or parts.

B. No commercial oversize vehicle or special-purpose vehicle shall be parked or stored in any portion of any yard area.

(Ord. 220 § 3, 1986: Ord. 211 § l (part), 1985)

A. No person shall park and leave standing upon any street or highway in a residential district, for a period exceeding seventy-two consecutive hours:

1. Any motor vehicle of a length in excess of twenty-five feet;

2. Any vehicle used or maintained for the transportation of persons for hire, compensation or profit;

3. Any vehicle designed and used or maintained for the transportation of property such as buses, motortrucks, trailers, semi-trailers, trailer coaches or truck tractors and similar vehicles of a width in excess of ninety inches;

4. Any item of farm machinery or special-purpose machine.

B. The above prohibited vehicles may be parked upon such street or highway while loading or unloading persons and/or property: or when such vehicle is parked in connection with or in aid of the performance of a service to or on a property in the block in which such vehicle is parked; or to perform repairs of an emergency nature on the motor vehicle itself, for a maximum of seventy-two consecutive hours.

(Ord. 211 § 1 (part), 1985)

No person shall park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle on any street or highway in the city.

(Ord. 211 § l (part), 1985)

It is unlawful for any person to park or leave unattended any vehicle upon the right-of-way of any city street or alley within the city at any time and in any manner which will obstruct, delay, hinder or otherwise inconvenience the city and the officers and employees thereof in any of the snow removal operations by any such officers and employees.

(Ord. 211 § l (part), 1985)

It shall be the right and duty of the officers and employees, or any of them, during snow removal operations, or in preparing for such snow removal, to remove or cause to be removed any vehicle so parked or left unattended on any city street at the expense of the owner or person in charge thereof.

(Ord. 211 § l (part), 1985)

All traffic-control signs, signals and markings of whatever nature, as determined needed by the city traffic engineer and approved by the city council, shall conform to the Vehicle Code of the State of California.

(Ord. 211 § l (part), 1985)

Any person violating any of the provisions of this chapter shall be guilty of an infraction. Any person who shall be convicted of a violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine assessed pursuant to the fee schedule of the code enforcement office as approved, and from time to time amended, by the city council by resolution.

(Ord. 211 § 1 (part), 1985)

(Ord. No. 326, 5-28-2008)

If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The council hereby declares that it would have passed such ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 211 § l (part), 1985)