Santa Ana Municipal Code Div. 2 Administration, Enforcement and Miscellaneous Provisions

The council may exercise any rights, powers or authority granted to it by the provisions of the state vehicle code by either resolution or ordinance.

(Code 1952, § 3293; Ord. No. NS-560, § 1, 1-15-62)

All resolutions passed and adopted by the council pursuant to the provisions of this chapter, and pursuant to the provisions of the state vehicle code, affecting subjects covered by this chapter, shall be deemed to be a part of this chapter, and any violations of any of the provisions of any such resolution shall be deemed to be a violation of this chapter, to the same effect as if said resolution were fully set out herein.

(Code 1952, § 3293.1; Ord. No. NS-560, § 1, 1-15-62)

(a) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to take the number of any vehicle or thing parked, placed, ranked, stored, or left in violation of any of the provisions of this Code; the state vehicle license of such vehicle; the time and date of such overparking; and the make of such vehicle; and to issue, in writing, a citation for said violation in the same form and subject to the same procedure provided for by the ordinances of the city and the laws of the state applicable to the traffic violation within the city.

(b) Any operator or owner of a vehicle to whom a citation has been issued for any violation of any of the provisions of this chapter, except as otherwise provided in this chapter, may, on or before the appearance date set out on such citation pay to the court as bail, as a penalty for, and in full satisfaction of such violation, the sum of bail indicated on the citation. Said payment may be made in person or by mailing the same to the clerk of the municipal court, Orange County, within said period. Otherwise, the person may appear for arraignment on the date set forth in the citation. Any owner or operator violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars ($50.00) and for a second conviction within a period of one (1) year, by a fine of not exceeding one hundred dollars ($100.00), and for a third or any subsequent conviction within a period of one (1) year, by a fine of not exceeding two hundred fifty dollars ($250.00).

(c) Any operator or owner of a vehicle to whom a citation has been issued for any violation of any of the provisions of this chapter for which no provision for the posting of bail in full satisfaction of which violation has been made in subsection (b) of this section, may, prior to the appearance date set out on such citation, deposit with the magistrate of said municipal court, such bail as the magistrate shall fix as reasonably sufficient. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited and in his discretion, order that no further proceedings shall be had in such case. All proceedings and things not expressly provided for in this subsection (c) shall be done in accordance with the provisions of Sections 40500, 40501 and 40502 of the State Vehicle Code as the same now exists or may hereafter be amended.

(Code 1952, § 3309; Ord. No. 1356, § 2, 2-16-53; Ord. No. NS-1008, § 1, 8-2-71; Ord. No. NS-1245, § 1, 1-6-75; Ord. No. NS-2837, § 2, 9-4-12)

Any provision of this chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the state department of public works is required by state law, shall cease to be operative six (6) months after receipt by the city council of written notice of withdrawal of approval of the department of public works of the state.

Whenever this chapter delegates authority to a city officer, or authorizes action by the city council to regulate traffic upon a state highway in any way which, by state law, requires the prior approval of the state department of public works, no such officer shall exercise such authority nor shall such action by the city council be effective with respect to any state highway without the prior approval in writing of the state department of public works when and to the extent required.

(Code 1952, § 3294; Ord. No. NS-560, § 1, 1-15-62)

Editor's note— Ord. No. NS-1290, § 1, enacted Feb. 2, 1976, repealed § 36-29, derived from Code 1952, § 3295, and Ord. No. NS-560, § 1, adopted Jan. 15, 1962. Said section provided for notice to the council of traffic-control changes.

(a) Officers of the police department, or such employees as are assigned by the chief of police or city manager, are authorized to enforce all traffic laws of this city, and all of the vehicle code sections applicable in this city.

(b) Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to enforce the parking regulations imposed under this Code.

(Code 1952, § 3220; Ord. No. NS-560, § 1,1-15-62; Ord. No. NS-2837, § 3, 9-4-12)

Officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, are authorized to direct all traffic by voice, signals or other devices in conformance with traffic laws, provided that in the event of fire or other emergency, officers of the police department, or such employees, agents, or contractors as are assigned by the chief of police or city manager, may direct traffic as conditions require, notwithstanding the provisions of the traffic laws.

(Code 1952, § 3220.1; Ord. No. NS-560, § 1, 1-15-62; Ord. No. NS-2837, § 4, 9-4-12)

Officers of the fire department, while they are at the scene of a fire, in the course of their duties, protecting personnel or equipment of the fire department, may direct or assist the police in directing traffic.

(Code 1952, § 3220.2; Ord. No. NS-560, § 1, 1-15-62)

A person designated as a flagman by a contractor working on the city streets under a permit issued by the city, or a city employee designated as a flagman by the director of public works or his representative, during construction or repair of, or in, streets, may direct traffic by use of hand signals or warning flags if the operation of special highway construction equipment, trucks, concrete mixers, mobile cranes or other construction equipment might interfere with the safe movement of traffic.

(Code 1952, § 3220.3; Ord. No. NS-560, § 1, 1-15-62)

No person other than officers of the police department, or a person deputized by the chief of police, or persons authorized by law, shall direct traffic by voice, hand or other signal, except in an emergency until an officer arrives, and except that a person may operate, when or as herein provided, a push-button signal erected by the provisions of this chapter.

(Code 1952, § 3221; Ord. No. NS-560, § 1, 1-15-62)

No person shall interfere with, or obstruct in any way, any police officers 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 police officer or other employee or officer of this city in connection with the enforcement of the parking regulations shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction.

(Code 1952, § 3222; Ord. No. NS-560, § 1, 1-15-62)

No person shall refuse or fail to comply with any lawful order, signal or direction of any person appointed by the chief of police to control traffic at school crossings, provided such persons giving any order, signal or directions at such school crossings shall at the time be wearing some insignia indicating such appointment. It shall be unlawful for any minor to direct or attempt to direct traffic unless authorized to do so by order of the chief of police.

(Code 1952, § 3222.1; Ord. No. NS-560, § 1, 1-15-62)

No person driving, operating or propelling any vehicle or thing shall fail or refuse to stop within fifty feet (50′) of the nearest side of a school crosswalk and before passing the point where any signal device, flagman or other person is stationed, giving warning that children are about to cross or are crossing the street; and it is further declared unlawful to proceed until such time as signal has stopped, been raised, or been removed, or the flagman or person stationed at such pedestrian lane has given a signal to go, or has left the locality.

(Code 1952, § 3223; Ord. No. NS-560, § 1, 1-15-62)

Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle as provided for by this chapter, except those provisions which by their very nature can have no application.

(Code 1952, § 3224; Ord. No. NS-560, § 1, 1-15-62)

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Government, any state, county or city, and it shall be unlawful for any such driver to violate any of the provisions of said chapter, except as otherwise permitted herein or by state statute.

(Code 1952, § 3225; Ord. No. NS-560, § 1, 1-15-62)

The provisions of this chapter regulating the parking and standing of vehicles, shall not apply to any vehicle of the police or fire departments, any public or private ambulance or any public utility vehicle which is qualified as an authorized emergency vehicle when such vehicle mentioned in this section operates in the manner specified in the vehicle code in response to emergency call. Said provisions regulating parking or standing vehicles shall not apply to any vehicle belonging to the city government or a public utility or its agent while necessarily in use on construction or repair work on or in the public right-of-way. The foregoing exemption shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard of safety of others.

(Code 1952, § 3226; Ord. No. NS-560, § 1, 1-15-62)

No person shall:

(1) Drive between the vehicles comprising a funeral procession while it is in motion and when such vehicles are identified as part of such procession 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 chief of police. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

(2) While riding any bicycle, motorcycle, coaster, skateboard, motorized skateboard, roller skates, or any toy vehicle, attach the same or himself to any moving vehicle upon any roadway, and no person driving any vehicle shall permit the same to be done.

(3) Drive any motor vehicle within or over any sidewalk area or any parkway except at a driveway.

(4) Drive over or across any new pavement or freshly painted marking, when any street barrier, sign or marking is in place, warning persons not to drive over or across the same, or when a sign is in place stating that the street, or any portion thereof, is closed.

(5) Drive or operate a vehicle contrary to the directions or provisions of any barrier or sign erected pursuant to the provisions of any ordinance of the city, or by any public utilities, or by any department of the city, or by any other person pursuant to law or contract with the city, and no unauthorized person shall move or alter the position of any such barrier or sign.

(6) Drive a vehicle onto or from any freeway except at such entrances and exits as are established by public authority.

(7) Park any vehicle within three hundred (300) feet of any fire apparatus which is stopped in answer to a fire alarm.

(8) Ride a bicycle or skateboard upon a sidewalk within a business district, as that term is defined in California Vehicle Code, Section 235. Whenever any person is riding a bicycle or skateboard upon a sidewalk other than in a business district, or in any other public place, such person shall yield the right-of-way to any pedestrian.

(9) Drive a vehicle into 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 in such intersection or crosswalk, notwithstanding any official traffic-control device or signal indication to proceed.

(10) Drive any motor vehicle upon or over a median.

(11) Ride a bicycle, skateboard, motorized scooter, roller skates, or any other device or conveyance with a riding surface of any design which is designed to be or can be propelled by human power within the civic center. Any person convicted of violating this subsection shall be punished by a fine which shall not exceed twenty-five dollars ($25.00) and for any subsequent convictions within one year shall be punished with a fine which does not exceed seventy-five dollars ($75.00).

(Code 1952, § 3240; Ord. No. NS-560, § 1, 1-15-62; Ord. No. NS-1451, § 3,10-16-78; Ord. No. 2394, § 4, 8-16-99; Ord. No. NS-2424, § 2, 5-1-00; Ord. No. NS-2634, § 2, 7-7-03)

No person shall drive any vehicle around, or under, any crossing gate or barrier at a railroad grade crossing while such a gate or barrier is closed or is being opened or closed.

(Code 1952, § 3290; Ord. No. NS-560, § 1, 1-15-62)

No driver of a vehicle shall operate or permit operation of any radio system, loudspeaker, or other noise device intended to make sound audible outside the vehicle when the vehicle is being operated upon any street and the purpose of such sound is to advertise for commercial purposes.

(Ord. No. NS-1710, § 1, 1-3-84)

A bus engaged as a common carrier may stop to load or unload passengers in front of a driveway. At no time shall the bus so stop for a period longer than is necessary to load or unload passengers.

(Code 1952, § 3241; Ord. No. NS-560, § 1, 1-15-62)

On property on any corner formed by intersecting streets, it shall be unlawful to install, set out, maintain or allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to the eye, higher than two and one-half (2½) feet above the top of the sidewalk, or, where no sidewalks exist, higher than three (3) feet above the level of the center of the adjacent intersection, within the triangular area between the property line and a diagonal line joining points on the property lines twenty-five (25) feet from the point of their intersection; or, in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining the points on said tangent twenty-five (25) feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corners.

(Code 1952, § 3292; Ord. No. NS-560, § 1, 1-15-62)

The provisions of section 36-45 shall not apply to permanent structures or buildings complying with the zoning ordinance or in existence at the time the ordinance adopting said section became effective, poles and standards for public service utilities, trees trimmed to the trunk to a line at least seven (7) feet above the top of the sidewalk, or where there are no sidewalks, eight (8) feet above the level of the center of the adjacent intersection, supporting members of appurtenances to permanent buildings existing on the date the ordinance adopting said section became effective, official traffic-control devices, places where the contour of the ground is cut so there can be no cross visibility at the intersection, or signs mounted ten (10) feet or more above the ground whose supports do not exceed a maximum dimension of ten (10) inches measured parallel to the ground surface.

(Code 1952, § 3292.1; Ord. No. NS-560, § 1, 1-15-62)

The enforcement of sections 36-45 and 36-46 shall be under the direction of the director of public works. He shall investigate violations of said sections, give notices as may be required to carry out said sections, and perform such other duties in connection with the enforcement of said sections as may be required.

Any obstruction maintained in violation of said sections shall be deemed a public nuisance upon failure to obey the provisions of said sections within twenty (20) days after the posting upon the premises of notice to abate the nuisance, signed by the director of public works. The same may be abated in the same manner as any other public nuisance, which shall be in addition to any criminal action against the person maintaining the obstruction to vision.

(Code 1952, § 3292.2; Ord. No. NS-560, § 1, 1-15-62)

No person shall ride any skateboard or motorized skateboard, in, on, over or upon any roadway, as that term is defined in the Vehicle Code of the State of California, in the City of Santa Ana. Furthermore, no person shall ride any motorized skateboard in, on, over or upon any bicycle lane, path or trail in the City of Santa Ana, whether or not such bicycle lane, path, or trail is within a roadway.

(Ord. No. NS-1451, § 4, 10-16-78)

Cross reference— "Skateboard," "motorized skateboard" defined, §§ 36-14, 36-15.

(a) No person shall park or drive any private bus on or along any local street.

(b) As used in this section, "private bus" means any bus, as defined in section 233 of the Vehicle Code of the State of California, which is operated by any person or entity other than a public agency, and which is not in use solely for any of the following purposes:

(1) The transportation of school children, the elderly, or the physically handicapped.

(2) For nonprofit purposes, such as a vanpool as defined in section 668 of the Vehicle Code of the State of California.

(3) For pickup or delivery of persons at their home addresses in connection with transportation to or from an airport or other mass transportation facility.

(c) As used in this section, "local street" includes any point on a public or private street which has the following characteristics:

(1) Either side of the street in either direction is developed primarily with residential uses as far as the next intersecting street.

(2) The street has no more than one (1) traffic lane in each direction.

(3) The street is not designated as an arterial street in the general plan of the city.

(d) This section shall not apply to buses having a gross vehicle weight of less than ten thousand (10,000) pounds.

(Ord. No. NS-2185, § 1, 3-15-93)