San Benito County 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.

ALLEY. Any open passageway commonly used for private travel only.

AUTHORIZED EMERGENCY VEHICLE. All authorized emergency vehicles, as defined in the Vehicle Code of the state.

LANE. Any open passageway not commonly used by the general public for the purpose of travel.

OPERATOR. Any person who is in actual physical control of a vehicle.

PRIVATE ROAD OR DRIVEWAY. As defined in the Vehicle Code of the state.

PUBLIC HIGHWAY. Any highway, road, street, way or place, of whatever nature, outside of incorporated municipalities, open to the use of the public for purposes of vehicular travel.

VEHICLE. A device in, upon or by which any person or property is or may be propelled, moved or drawn upon a public highway, including a bicycle or such other vehicle of propulsion moved by human power.

(1966 Code, § 9-1) (Ord. 115, § 1; Ord. 174, § 1)

(A) Upon the basis of an engineering and traffic survey, the basic speed limit of 55 mph maximum is determined and declared to be more than a reasonable or safe speed for any person to drive a vehicle on the highways described in this section.

(B) (1) No person shall drive a vehicle on the following highways at a speed greater than that provided respectively for each highway; provided, that this section shall not apply when traffic is under the control and supervision of a traffic officer:

(2) The County Engineer and Road Commissioner shall erect appropriate signs indicating the prima facie speed limit for the respective highways as established by this section upon the highways.

(1966 Code, § 9-2) (Ord. 268, §§ 2 to 4; Ord. 298; Ord. 305; Ord. 317, § 1; Ord. 420; Ord. 458; Ord. 514; Ord. 755, § 2; Ord. 756, § 2; Ord. 787, § 2; Ord. 790, § 2; Ord. 838, §§ 2, 3, 4; Ord. 844, § 2, 2009; Ord. 852, § 2, 2010; Ord. 867, § 2, 2011; Ord. 886, §§ 2, 3, 2011; Ord. 892, § 2, 2012)

(A) No person shall operate, drive, stop or park any vehicle upon the public highways or any private road or driveway so as to interfere with or obstruct the operation of any authorized emergency vehicle.

(B) No person operating any vehicle upon a public highway or any private road or driveway shall operate or drive the vehicle so that it will move in the same direction that any authorized emergency vehicle, giving audible signal by siren and having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, is traveling until the authorized emergency vehicle shall be at least 1,000 feet distant, and no person shall operate or drive any vehicle so as to approach within 1,000 feet of the authorized emergency vehicle, giving audible signal by siren and having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle.

(C) No person shall operate any vehicle upon the public highways or private road or driveway so as to approach within 1,000 feet of any authorized emergency vehicle when the authorized emergency vehicle is engaged in extinguishing fire or when the authorized emergency vehicle is actively engaged at the scene of any bombing, act of sabotage, accident, explosion, flood, riot, earthquake or any emergency.

(D) No person shall park, stop or abandon any vehicle within 1,000 feet of any authorized emergency vehicle when the authorized emergency vehicle is engaged in extinguishing fire or when the authorized emergency vehicle is actively engaged at the scene of any bombing, act of sabotage, accident, explosion, flood, riot, earthquake or any emergency.

(E) The provisions of this section shall not apply to the following persons:

(1) All authorized emergency vehicles and persons operating the same; and/or

(2) Any person lawfully ordered to do otherwise by any public officer or firefighter.

(1966 Code, § 9-3) (Ord. 174, §§ 1 to 5)

(A) The distinctive roadway markings described in this section, consisting of the double line in use on state highways and adopted for use on state highways to indicate no driving over the marking, is hereby designated as applicable to all streets, roads and highways under the jurisdiction of the county.

(B) The distinctive highway markings adopted by this section shall consist of two white stripes, or of one white stripe and one yellow stripe, painted on the roadway, each stripe three inches wide, and the two stripes separated by a three-inch black stripe. Where one yellow stripe is used, driving over the double line by traffic proceeding on the same side of the highway as the yellow stripe shall not be prohibited by reason of the distinctive marking.

(C) The purpose of the combination of the white and yellow stripes is to require driving to the right of the distinctive marking by traffic proceeding in one direction but not by traffic proceeding in the opposite direction.

(D) The three-inch black stripe referred to in this section may be obtained either by painting or by the effect of bituminous pavements.

(E) Signs shall not be required in connection with the distinctive markings.

(F) The County Surveyor is authorized to place the distinctive marking on any portion of the roads, highways or streets under his or her jurisdiction where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of the marking or signs and markings.

(1966 Code, § 9-4) (Ord. 134, §§ 1 to 6)

No person shall drive to the left of any distinctive highway marking set out in the preceding section, except as provided in the section.

(1966 Code, § 9-5) (Ord. 134, § 7)

(A) No tire used on any vehicle upon any county road shall have, on its periphery, any block, stud, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the tread of the traction surface of the tire.

(B) This section shall not prohibit the use of tire chains of reasonable size to prevent skidding upon wet surfaces, or when upon snow or ice, nor to pneumatic tires which may have embedded therein wire not to exceed .075-inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5% of the total tire area in contact with the roadway; and the restrictions of this section shall not apply to vehicles operating upon unimproved roadways or to traction engines or tractors when operating under conditions of a permit first obtained from the county’s Road Commissioner.

(1966 Code, § 9-6) (Ord. 184, § 1)

(A) Any person who drives any vehicle in any public park or playground within the county in willful or wanton disregard for the safety of persons or property is guilty of reckless driving and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than five days, nor more than 90, days or by fine of not less $25, nor more than $250, or by both the fine and imprisonment, except as provided below.

(B) Whenever reckless driving of a vehicle proximately causes bodily injury to any person, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days, nor more than six months, or by fine of not less than $100, nor more than $500, or by both.

(1966 Code, § 9-7) (Ord. 261, §§ 1, 2)

(A) No person shall engage in any unauthorized motor vehicle speed contest or exhibition of speed in any public park or playground within the county and no person shall aid or abet in any unauthorized vehicle speed contest or exhibition of speed in any public park or playground within the county.

(B) Any person who violates this section shall upon conviction thereof be punished by imprisonment in the county jail for not more than 90 days or by fine of not more than $250 or by both the fine and imprisonment.

(1966 Code, § 9-8) (Ord. 261, § 3)