Tiburon Municipal Code Art. I General Provisions Regarding Traffic Administration

The following words and phrases, when used in this chapter shall have the following meanings. Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the state of California and amendments thereto, such definitions shall apply.

"Central traffic district" means all streets and portions of streets within the area described as follows: All that area bounded by, and including, Main Street, Tiburon Boulevard, Beach Road, and Paradise Drive from its intersection with Mar West Street to where it becomes Tiburon Boulevard.

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

"Council" means the town council of the Town of Tiburon.

"Curb" means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or right of ways of public utility companies.

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

"Holidays" means the first day of January, the third Monday of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, the fourth day of July, the ninth day of September, the twelfth day of October, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday.

"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

"Official time standard" means standard time or daylight savings time as is in current use by this town.

"Parking meter" means a mechanical 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.

"Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

"Police officer" means every officer of the Tiburon police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

"Traffic control device" means any device including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, parking control signs, street name signs, lines and markings on roadways and curbs.

"Traffic engineer" means the person designated by the Town of Tiburon who functions in the position of town engineer.

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

(Ord. No. 423 N.S., § 2 (part); Ord. No. 458 N.S., § 1(G), (H))

(a) There is established in the police department of the town a traffic division to be under the control of a police officer appointed by and directly responsible to the chief of police. It shall be the duty of the traffic division, with such aid as may be rendered by other members of the police department to: enforce the street traffic regulations of this town and all of the state vehicle laws applicable to street traffic in the town; to make arrests for traffic violations; to investigate traffic accidents; and to cooperate with the town traffic engineer and other officials of the town in the administration of the traffic laws and in developing ways and means to improve traffic conditions.

(b) The traffic division shall annually prepare a traffic report which shall be filed with the town council. Such a report shall contain information on traffic matters in this town as follows:

(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accidents data;

(2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

(3) The plans and recommendations of the division for future traffic safety activities.

(Ord. No. 423 N.S., § 2 (part))

(a) Officers of the police department are 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 police 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 Vehicle Code.

(b) No person other than an officer of the police department or members of the fire department, or a person authorized by the chief of police, or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that person may operate, when and as herein provided, any mechanical push button signal erected by order of the town traffic engineer.

(Ord. No. 423 N.S., § 2 (part))

(a) The office of town traffic engineer is established. The town engineer shall serve as town traffic engineer and shall exercise the powers and duties with respect to traffic as specified in this chapter or the Vehicle Code. The town traffic engineer shall base all decisions on traffic engineering safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State Department of Public Works or any other generally accepted traffic engineering safety standards. The duties of the town traffic engineer shall include, but are not limited to:

(1) To place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this chapter, any provision of the Vehicle Code or in any other situations as may be determined to be necessary on the basis of traffic engineering principles;

(2) 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. Whenever an official traffic signal is installed at any intersection, street name signs clearly visible to traffic approaching from all directions shall also be erected;

(3) To mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway;

(4) To place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed the State Department of Public Works pursuant to provisions of the Vehicle Code;

(5) To remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this chapter whenever it is determined that the conditions which warranted or required the installation no longer exist;

(6) To 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;

(7) 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 intersections. 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;

(8) To place and maintain signs giving notice of one-way streets or alleys and parking along such streets or alleys as may designated by the town. The status as a one-way street shall not be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited;

(9) To place and maintain stop signs on each and every street intersecting a through street or portion thereof (as designated by the town council) and at those entrances to other intersections where a stop is required. Stop signs shall not be erected or maintained at any entrance to an intersection when such entrance is controlled by an official traffic control signal. Every stop sign shall conform with, and shall be placed as provided in, the Vehicle Code;

(10) To establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway with appropriate signs directing pedestrians to cross in crosswalks. Crosswalks shall be established and maintained at all intersections within the central traffic district and at other places within or outside said district where it is determined that a particular hazard to pedestrians crossing the roadway exists;

(11) To maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this chapter.

(Ord. No. 423 N.S., § 2 (part))

There is established an advisory traffic safety committee consisting of the town traffic engineer, the chief of police as chairman, public works superintendent and planning director. It shall be the duty of the traffic safety committee to suggest the most practicable means for coordinating the activities of all officers and agencies of this town having authority with respect to the administration or enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and to recommend ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

(Ord. No. 423 N.S., § 2 (part))

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

(Ord. No. 423 N.S., § 2 (part))

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

(Ord. No. 423 N.S., § 2 (part))

(a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the police or fire department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call.

(b) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle of the town department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail.

(c) The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others.

(Ord. No. 423 N.S., § 2 (part))

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

(Ord. No. 423 N.S., § 2 (part))

No person, unless authorized by this town, 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 resolution or ordinance of this town pertaining thereto.

(Ord. No. 423 N.S., § 2 (part))

Violation of any of the provisions of this chapter shall be an infraction, punishable by a fine as provided in Government Code section 36900.

(Ord. No. 423 N.S., § 2 (part))