Rolling Hills Municipal Code Ch. 10.64 Public Offenses

Footnotes:

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Prior history: Ords. 116, U-53 and 226.

A. It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

B. It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this chapter percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per one hundred millimeters of blood or grams of alcohol per two hundred ten liters of breath.

In any prosecution under this subsection, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

C. It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subsection shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875 of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

D. It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.

In any prosecution under this subsection, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(Ord. 261 § 1(part), 1996).

Any person who drives any vehicle upon a road in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(Ord. 261 § 1(part), 1996).

A. No person shall engage in any motor vehicle speed contest on a road. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than twenty miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

B. No person shall aid or abet in any motor vehicle speed contest on any road.

C. No person shall engage in any motor vehicle exhibition of speed on a road, and no person shall aid or abet in any motor vehicle exhibition of speed on any road.

D. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a road in any manner obstruct or place any barricade or obstruction or assist or participate in placing any barricade or obstruction upon any road.

(Ord. 261 § 1(part), 1996).

A. Notwithstanding Section 10.64.010, it is unlawful for a person under the age of twenty-one years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 10.64.010 or any other provision of law.

B. A person shall be found to be in violation of subdivision A if the person was, at the time of driving, under the age of twenty-one years, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test.

C. 1.

Any person under the age of twenty-one years who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subsection A of this section.

2. The testing shall be incidental to a lawful detention and administered at the direction of a Deputy Sheriff or other peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subsection A of this section.

3. The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years.

(Ord. 261 § 1(part), 1996).

Any person who throws any substance at a vehicle or any occupant thereof on a street is guilty of a misdemeanor.

(Ord. 261 § 1(part), 1996).

(Ord. No. 321, § 1, 1-10-2011)

Editor's note— Section 1 of Ord. No. 321, adopted Jan. 10, 2011, changed the title of § 10.64.050 from "Throwing substance at vehicle intending injury" to "Throwing substance at vehicle."

Any person who throws any substance at a vehicle or any occupant thereof on a road is guilty of a misdemeanor.

(Ord. 261 § 1(part), 1996).

A. No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any road any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the road, or any noisome, nauseous or offensive matter of any kind.

B. No person shall place, deposit or dump, or cause to be placed, deposited or dumped, any rocks, refuse, garbage or dirt in or upon any road, including any portion of the right-of-way thereof, without the consent of the state or local agency having jurisdiction over the road.

(Ord. 261 § 1(part), 1996).

A. Any person who drops, dumps, deposits, places or throws, or causes or permits to be dropped, dumped, deposited, placed or thrown, upon any road any material described in Section 10.64.070 or in subsection D of Section 10.64.090 shall immediately remove the material or cause the material to be removed.

B. If the person fails to comply with subsection A of this section, the governmental agency responsible for the maintenance of the road on which the material has been deposited may remove the material and collect, by civil action, if necessary, the actual cost of the removal operation in addition to any other damages authorized by law from the person made responsible under subsection A of this section.

C. A Deputy Sheriff or other officer or employee of the City may direct a responsible party to remove the aggregate material described in subsection D of Section 10.64.090 from a road when that material has escaped or been released from a vehicle.

(Ord. 261 § 1(part), 1996).

A. No vehicle shall be driven or moved on any road unless the vehicle is so constructed, covered or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling or otherwise escaping from the vehicle.

B. 1.

Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any holes, cracks or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in subdivision (2) of this subsection.

2. Every vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following:

a. Properly functioning seals on any openings used to empty the load, including, but not limited to, bottom-dump release gates and tailgates;

b. Splash flaps behind every tire, or set of tires, regardless of position on the truck, truck tractor or trailer;

c. Center flaps at a location to the rear of each bottom/dump release gate as to trucks or trailers equipped with bottom/dump release gates. The center flap may be positioned directly behind the bottom/dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap shall extend not more than one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and shall be not less than twenty-four inches from the bottom edge to the top edge of that center flap;

d. Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle which cover the tops of tires not already covered by the truck, truck tractor or trailer body;

e. Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates;

f. Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading.

C. Vehicles comprised of full rigid enclosures are exempt only from subsection (B)(2)(c) and (f) of this section.

D. For purposes of this section, "aggregate material" means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt and other similar materials.

E. 1.

No vehicle shall transport any aggregate material upon a road unless the material is covered.

2. Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered.

3. Vehicles transporting loads composed entirely of petroleum coke material shall not be required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling or otherwise escaping from the vehicle.

4. Vehicles transporting loads of aggregate materials shall not be required to cover their loads if the load, where it contacts the sides, front and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area.

(Ord. 261 § 1(part), 1996).

A. No vehicle loaded with garbage, swill, cans, bottles, wastepapers, ashes, refuse, trash or rubbish, or any other noisome, nauseous or offensive matter, or anything being transported to a dump site for disposal shall be driven or moved upon any road unless the load is totally covered in a manner which will prevent the load or any part of the load from spilling or falling from the vehicle.

B. This section does not prohibit a rubbish vehicle from being without cover while in the process of acquiring its load if no law, administrative regulation, or local ordinance requires that it be covered in those circumstances.

This section does not apply to any vehicle engaged in transporting wet waste fruit or vegetable matter, or waste products from a food processing establishment.

(Ord. 261 § 1(part), 1996).

No person shall operate a motor vehicle while wearing glasses having a temple width of one-half inch or more if any part of such temple extends below the horizontal center of the lens so as to interfere with lateral vision.

(Ord. 261 § 1(part), 1996).

No person shall drink any alcoholic beverage in any motor vehicle when such vehicle is upon a road. As used in this section, alcoholic beverage shall have the same meaning as in Section 23004 of the Business and Professions Code.

(Ord. 261 § 1(part), 1996).

A. No person shall have in his or her possession on his or her person, while driving a motor vehicle upon a road, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

B. Except as authorized by law, every person who possesses, while driving a motor vehicle upon a road, not more than one avoirdupois ounce of marijuana, other than concentrated cannabis as defined by Section 11006.5 of the Health and Safety Code, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars. Notwithstanding any other provision of law, if the person has been previously convicted three or more times of an offense described in this section during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, Sections 1000.1 and 1000.2 of the Penal Code are applicable to the person, and the court shall divert and refer the person for education, treatment or rehabilitation, without a court hearing or determination or the concurrence of the District Attorney, to an appropriate community program which will accept the person. If the person is so diverted and referred, the person is not subject to the fine specified in this section. In any case in which a person is arrested for a violation of this section and does not demand to be taken before a magistrate, the person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his or her written promise to appear in court and shall not be subjected to booking.

(Ord. 261 § 1(part), 1996).

No person shall have in his or her possession on his or her person, while in a motor vehicle upon a road, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

(Ord. 261 § 1(part), 1996).

A. No person under the age of twenty-one years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person's employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

B. No passenger in any motor vehicle who is under the age of twenty-one years shall knowingly possess or have under that person's control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger's employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage.

C. If the vehicle used in any violation of subsections A or B of this section is registered to an offender who is under the age of twenty-one years, the vehicle may be impounded at the owner's expense for not less than one day nor more than thirty days for each violation.

(Ord. 261 § 1(part), 1996).

No person shall operate an unauthorized motor vehicle or bicycle on any state, county, city, private or district horseback riding trail.

For the purpose of this section "unauthorized motor vehicle or bicycle" means any motor vehicle or bicycle that is driven or ridden upon a horseback riding trail without the written permission of an agent or the owner of the trail.

This section does not apply to the operation of an authorized emergency or maintenance vehicle on a horseback riding trail whenever necessary in furtherance of the purpose for which the vehicle has been classed as an authorized emergency vehicle.

(Ord. 261 § 1(part), 1996).

No person except a resident of the City shall ride or operate a motorcycle or motor-driven cycle upon a road, driveway, easement or vacant property in the City unless the same is licensed, registered and has incorporated thereon all mechanical equipment specified and required by the California Vehicle Code of the State of California for motorcycles or motor-driven cycles, including an adequate muffler in constant operation, and properly maintained to prevent any excessive or unusual noise. No muffler or exhaust system shall be equipped with a cutout, bypass or similar device.

(Ord. 261 § 1(part), 1996).

No person shall modify the exhaust system of a motorcycle or motor-driven cycle as they are defined in the California Vehicle Code, in a manner which will amplify or increase the noise emitted by the motor thereof above that emitted by the muffler originally installed on said motorcycle or motor-driven cycle.

(Ord. 261 § 1(part), 1996).

A. Drivers and passengers over sixteen.

1. No person shall operate a private passenger motor vehicle on a road unless that person and all passengers sixteen years of age or over are properly restrained by a safety belt. This subdivision shall not apply to operators of taxicabs, limousines or emergency vehicles, except that such operators shall require passengers four years of age or over and weighing forty pounds or more, in the front seat, to be properly restrained by a safety belt. This subdivision shall not apply to a person engaged in delivery of newspapers if the person is properly restrained by a safety belt before starting and after completing delivery on the route.

2. No person sixteen years of age or over shall be a passenger in a private passenger motor vehicle on a road unless that person is properly restrained by a safety belt.

3. This subdivision shall not apply to a passenger or operator with a physically disabling condition or medical condition which would prevent appropriate restraint in a safety belt.

B. Passengers Four to Sixteen. No parent or legal guardian, if present, shall permit his or her child or ward four years of age or older but less than sixteen years of age and weighing forty pounds or more to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private passenger motor vehicle on a road without providing and properly using a safety belt.

C. Passengers Under Four.

1. No parent or legal guardian, if present, shall permit his or her child or ward under four years of age or weighing less than forty pounds to be transported (and no driver, if no parent or legal guardian is present, shall transport such a child) in a private passenger motor vehicle on a road without providing and properly securing the child in a child passenger restraint system.

2. This subdivision shall not apply when a child is being transported in an authorized emergency vehicle if there is no child passenger restraint system as long as the child is secured by a safety belt.

D. As used in this section, "private passenger vehicle" means motor vehicles of less than six thousand one pounds of unladen weight and shall not include motor cycles.

E. As used in this section, "safety belt" and "child passenger restraint system" mean those meeting federal motor vehicle safety standards.

(Ord. 265 § 1, 1996).

No person driving a pickup truck or flatbed motor truck on a road shall transport any person in or on the back of the truck unless the person in or on the back of the truck is secured with a restraint system meeting federal motor vehicle safety standards or the back of the truck is enclosed in a camper or camper shell that prevents the person from being discharged. This section shall not apply when such transport is needed in order to prevent injury or death to persons or to prevent, confine or mitigate damage or destruction to property. This section shall not apply to a truck traveling at a speed that does not exceed eight miles per hour in a parade supervised by a law enforcement agency.

(Ord. 265 § 2, 1996).

A. No person shall drive any vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council.

This subsection shall not apply to:

1. A person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity;

2. An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165 of the California Vehicle Code, in the course and scope of his or her duties;

3. A person driving a school bus or transit vehicle that is subject to Section 23125 of the California Vehicle Code; or

4. A person while driving a motor vehicle on private property.

B. No person shall drive any vehicle while using a wireless communications device to write, send, or read a text-based communication.

As used in this subsection, "write, send, or read a text-based communication" means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

For purposes of this subsection, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council.

This subsection does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165 of the California Vehicle Code, in the course and scope of his or her duties.

C. No person under the age of eighteen years shall drive any vehicle while using a wireless telephone or mobile device, even if equipped with a hands-free device, or while using a mobile service device.

A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council.

For the purposes of this subsection, "mobile service device" includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device.

A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating this subsection. This limitation does not prohibit a law enforcement officer from stopping a vehicle for a violation of subsection (A).

This subsection does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(Ord. No. 321, § 2, 1-10-2011)

A. Upon the demand of a peace officer, or upon the demand of a peace officer or traffic collision investigator, every person who drives a vehicle shall provide evidence of financial responsibility for the vehicle that is in effect at the time the demand is made. However, a peace officer shall not stop a vehicle for the sole purpose of determining whether the vehicle is being driven in violation of this subdivision.

B. Upon the demand of a peace officer, or a regularly employed and salaried employee of a city or county who has been trained as a traffic collision investigator, and who is summoned to the scene of an accident, the driver of any motor vehicle that is in any manner involved in the accident shall furnish written evidence of financial responsibility upon the request of the peace officer or traffic collision investigator. If the driver fails to provide evidence of financial responsibility when requested, the peace officer may issue the driver a notice to appear for violation of this subdivision. A traffic collision investigator may cause a notice to appear to be issued for a violation of this subdivision, upon review of that citation by a peace officer.

C. A violation of this subsection is an infraction punishable by a base fine as set forth in the bail/fine schedule approved by resolution of the City Council.

(Ord. No. 321, § 2, 1-10-2011)