Sutter County Municipal Code Ch. 1140 Restricting Travel on Levees

It shall be unlawful for any person to drive, operate, stop, park, or leave standing, any vehicle upon any levee, which is a unit of any flood control project within this County, except as hereinafter specifically permitted under Sections 1140-020, 1140-050, 1140-060 and 1140-070 of this Chapter.

(Ord. 233, Sec. 1; Oct. 3, 1960)

Driving and operating of vehicles shall be permitted in certain restricted areas on and over levee crown roadways and ramps where said ramps and roadways are specifically posted with signs indicating the areas over which said driving may take place. Provided, however, that driving over such levee crown roadways and ramps shall be done in such a manner as not to cause any damage to the levee or its structure, and in any case, at a speed not to exceed 15 miles per hour, unless a higher speed is posted.

(Ord. 233, Sec. 2; Oct. 3, 1960)

It is hereby made the duty of the responsible levee district, reclamation district, or Department of Water Resources of the State of California, having jurisdiction over the particular levee involved, to immediately provide signs reflecting said maximum speed limit and designating and posting the areas over which vehicles may be operated under the provisions of this Chapter, and reflecting that it is unlawful to operate vehicles except within the designated areas.

(Ord. 233, Sec. 3; Oct. 3, 1960)

For purposes of this chapter, "vehicle" means any device that?

(a) Can carry any person or property;

(b) Is or may be propelled, moved, or drawn; and

(c) Is designed for highway or off-road use, or for both highway and off-road use.

"Vehicle" includes any self-propelled device, whether powered by gasoline, natural gas, electricity, solar energy, or any other fuel or power source. It does not include a device propelled, moved, or drawn exclusively by human power.

([233]Ord. 1313, Sec. 1 ; July 31, 2001)

This Chapter shall not apply to levee maintenance vehicles and equipment operated by or under the supervision of the various levee districts, reclamation districts, County of Sutter, or State of California.

(Ord. 233, Sec. 5; Oct. 3, 1960)

This Chapter shall not apply to levees on which there exist State or County highways.

(Ord. 233, Sec. 6; Oct. 3, 1960)

When a levee is closed to the public, the agency responsible for the levee shall permit the following persons to cross it: owners of property adjacent to the levee and their tenants, employees, or authorized agents. Permission to cross shall be given only when needed (a) to service adjacent pumping plants or (b) to pass to and from property not served by a public highway. Persons who are permitted to cross the levee shall do so at a speed of 15 miles per hour or less (unless a higher speed is posted) and in a manner that causes no damage to the levee or any structure ancillary to it.

([233]Ord. 1313, Sec. 2; July 31, 2001)

Violation of this chapter constitutes either an infraction or a misdemeanor, as follows:

(a) The first violation is an infraction punishable by a fine of up to one hundred dollars ($100.00).

(b) The second violation within one year of the first is an infraction punishable by a fine of up to two hundred dollars ($200.00).

(c) Each additional violation within one year of the first is either (1) an infraction punishable by a fine of up to five hundred dollars ($500.00) or (2) a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00), or by imprisonment in the county jail for up to six months, or by both such fine and imprisonment.

([233,1071]Ord. 1313, Sec. 3; July 31, 2001)

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter which is reasonably separable from the remaining portion of this Chapter, is, or any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter, it being herein expressly declared that this Chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses and phrases be declared invalid or unconstitutional.

(Ord. 233, Sec. 10; Oct. 3, 1960)