Title
10
VEHICLES AND TRAFFIC
Chapters:
10.04
Definitions
10.08
Enforcement and Penalty
10.12 Speed Limits
10.16
Traffic—Control Devices
10.20
Turning Movements
10.24
One-Way Streets
10.28
Stopping, Standing and Parking
10.32
Loading Zones
10.36
Stop and Yield Intersections——Special Stops
10.40
Miscellaneous Driving Rules
10.44
Pedestrians
10.48
Truck Routes
10.52
Railroads
10.56
Abandoned Vehicles
DEFINITIONS
Sections:
10.04.010 Generally.
10.04.020 Coach.
10.04.030 Council.
10.04.040 Curb.
10.04.050
Divisional island.
10.04.060 Holidays.
10.04.070
Loading zone.
10.04.080 Official time standard.
10.04.090
Official traffic—control devices.
10.04.100 Official traffic signals.
10.04.120
Parkway.
10.04.130
Pedestrian.
10.04.140
Person.
10.04.150
Police Officer.
10.04.160 Stop.
10.04.170 Traffic.
10.04.180 Vehicle Code.
10.04.190 Motor Vehicle Code definitions to apply.
10.04.010 Generally. The following words and phrases,
when used in this title, shall for the purpose of this title have the meanings
respectively ascribed to them in this chapter.
10.04.020 Coach. “Coach” means any motor bus, motor
coach or passenger stage used as a common carrier of passengers.
10.04.030 Council. “Council” means the council of the city
of
10.04.040 Curb. “Curb” means the lateral boundary of
the roadway, whether such curb be marked by curbing construction or not so
marked; curb, as used in this title, does not include the line dividing the
roadway of a street from parking strips in the center of a street, or from
tracks or rights—of—way of public utility companies.
10.04.050 Divisional island. “Division island” means a
raised island located in the roadway and separating opposing or conflicting
streams of traffic.
10.04.060 Holidays. A. Within the meaning of this
title, “holidays” are:
1. Every
Sunday;
2. January
1st;
3. February
12th, known as “Lincoln Day”;
4. The third
Monday in February;
5. The last
Monday in May;
6. July 4th;
7. First
Monday in September;
8. September
9th, know as Admission Day”;
9. The
second Monday in October, known as “Columbus Day
10. November
11th, known as “Veterans Day”;
11. December
twenty—fifth;
12. Good
Friday from twelve noon until three p.m.;
13. Every day
appointed by the President or Governor for a public fast, thanksgiving or
holiday;
14. The last
Thursday in November known as “Thanksgiving Day.”
B.
If January 1st, February 12th, July 4th, September 9th, November 11th, or
December 25th falls upon a Sunday, the Monday following is a holiday. If
November 11th falls upon a Saturday, the preceding Friday is a holiday.
10.04.070 Loading zone. “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.
10.04.080 Official time standard. Whenever certain
hours are named in this title, they shall mean standard time or daylight saving
time as may be in current use in the city.
10.04.090 Official traffic—control devices. “Official
traffic—control devices” means all signs, signals, markings and devices, not
inconsistent with this title, placed or erected by authority of a public body
or official having jurisdiction for the purpose of regulating, warning or guiding
traffic.
10.04.100 Official traffic signals.
“Official traffic signals” means any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and to
proceed, and which is erected by authority of a public body or official having
jurisdiction.
10.04.120 Parkway. “Parkway” means that portion of a
street other than a roadway or a sidewalk.
10.04.130 Pedestrian. “PedestriAn”
means any person afoot.
10.04.140 Person. “Person”
means every natural person, firm, copartnership, association
or corporation.
10.04.150 Police officer.
“Police officer” means every officer of the police department of the city or
any officer authorized to direct or regulate traffic or to make arrests for
violations of traffic regulations.
10.04.160 Stop. When required, “stop” means complete
cessation of movement.
10.04.170 Traffic. “Traffic” means pedestrians, ridden
or herded animals, vehicles, street cars and other conveyances, either singly
or together, while using any street for purposes of travel.
10.04.180 vehicle Code. “Vehicle Code” means the
Vehicle Code of the state of
10.04.190 Motor Vehicle Code definitions to apply.
Whenever any words or phrases used in this title are not defined in this chapter,
but are defined in the Vehicle Code of the state of
Chapter 10.08
ENFORCEMENT AND PENALTY
Sections:
10.08.010 Authority of police and fire
department officials.
10.08.020 Persons other than officials not to
direct traffic.
10.08.030 Obstruction or interference with
police or authorized officers.
10.08.040 Public employees to obey traffic
regulations.
10.08.050
Application of provisions.
10.08.060 Exemption of certain vehicles.
10.08.070
Removal of vehicles from streets.
10.08.080
Penalty for violation.
10.08.010 Authority of police and
fire department officials. A. It shall be the duty of the officers of the police
department, or such officers as are assigned by the chief of police, to enforce
all Street traffic laws of the city and all of the state vehicle laws
applicable to street traffic in the city.
B. Officers of the police department, or such
officers as are assigned by the chief of police, are authorized to direct all
traffic by voice, hand or signal in conformance with traffic laws, provided
that, in the event of a fire or other emergency or to expedite traffic or to
safeguard pedestrians, officers of the police department may direct traffic as
conditions may require, notwithstanding the provisions of the traffic laws.
C. Officers of the fire department, when at the
scene of a fire, may direct or assist the police in directing traffic at the
scene or in the immediate vicinity.
10.08.020 Persons other than officials not to direct
traffic. 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 persons may operate, when and as
provided in this title, any mechanical pushbutton signal erected by order of
the chief of police.
10.08.030 Obstruction or interference with police or
authorized officers. No person shall interfere with or obstruct in any way
any police officer or other officer or employee of the city in their
enforcement of the provisions of this title. The removal, obliteration or
concealment of any chalk mark or other distinguishing mark used by any police
officer or other employee or officer of the city in connection with the
enforcement of the parking regulations of this title if done for the purpose of
evading the provisions of this title, shall constitute such interference or
obstruction.
10.08.040 Public employees to obey traffic regulations.
The provisions of this title shall apply to the operator of any vehicle owned
by or used in the service of the United States Government, the state, or any
county or city, and it shall be unlawful for any said operator to violate any
of the provisions of this title except as otherwise permitted in this title or
by the Vehicle Code.
10.08.050 Application of provisions. 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 title, except those provisions which by their very nature can
have no application.
10.08.060 Exemption of certain vehicles. A. The
provisions of this title 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 or 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 exemptions in subsection A of this section
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.
C. The provisions of this title regulating the
parking or standing of vehicles shall not apply to any vehicle of a city
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.
10.08.070 Removal of vehicles from streets. A. Any
regularly employed and salaried officer of the police department of the city
may remove or cause to be removed:
1. Any
vehicle that has been parked or left standing upon a street or highway for
seventy—two or more consecutive hours;
2. Any
vehicle which is parked or left standing upon a street or highway between the
hours of seven a.m. and seven p.m. when such parking or standing is prohibited
by ordinance or resolution of the city and signs are posted giving notice of
such removal;
3. Any
vehicle which is parked or left standing upon a street or highway where the use
of such street or highway or a portion thereof is necessary for the cleaning,
repair or construction of the street or highway or for the installation of
underground utilities, or where the use of the street or highway or any portion
thereof is authorized for a purpose other than the normal flow of traffic, or
where the use of the street or highway or any portion thereof is necessary for
the movement of equipment, articles or structures of unusual size, and the
parking of such vehicle would prohibit or interfere with such use or movement;
provided that signs giving notice that such vehicle may be removed are erected
or placed at least twenty—four hours prior to the removal;
4. Any
vehicle which is parked or left standing upon a street, alley or highway during
snow removal operations or preparations incident to snow removal; and such
officer of the police department may store or cause the same to be stored at
the expense of the owner or person in charge thereof.
B. To the extent that any of the provisions of subsection A of this section is in conflict with the provisions of the Vehicle Code, the provisions of the Vehicle Code shall be controlling.
C. To the extent that any of the provisions of
subsection A of this section conflict with the provisions of Chapter 10.56, the
provisions of Chapter 10.56 shall be controlling.
10.08.080 Penalty for violation. Any person violating
any of the provisions of this title is guilty of an infraction. Every
violation is punishable by a fine not exceeding one hundred dollars for a first
violation, and a fine not exceeding two hundred fifty dollars for a second
violation of the same section within one year.
Chapter 10.12
SPEED LIMITS
Sections:
10.12.010 Special speed zones.
10.12.020 Penalty for violation.
10.12.010 Special speed zones. A. Those streets and
parts of streets designated herein and/or by resolution of the city council
shall constitute special speed zones, when posted, as provided by law or this
title, or both.
B. The street(s), or portion thereof, hereafter
defined are established as special speed zones:
1. College
Avenue, starting at the intersection with Weed Boulevard, heading west to the
established city boundary limits, shall be posted and the speed limited to
thirty miles per hour.
2. North
Davis Avenue, starting at the intersection with Main Street, heading north then
east to the established city boundary limits, shall be posted and the speed
limited to twenty-five miles per hour.
3. Main
Street, starting at the intersection with Weed Boulevard, heading north for its
entire length to the intersection with North Davis Avenue, shall be posted and
the speed limited to twenty-five miles per hour.
4. South Weed Boulevard, starting at the intersection
with College Avenue, heading south to the terminus of the residential area,
shall be posted and the speed limited to twenty-five miles per hour.
10.12.020 Penalty for violation. Any person violating
any of the provisions of this chapter is guilty of an infraction. Every violation
is punishable by a fine not exceeding one hundred dollars for a first
violation, a fine not exceeding two hundred fifty dollars for a second
violation of the same section within one year, and a fine not exceeding five
hundred dollars for each additional violation of the same section within one
year.
Chapter 10.16
Sections:
10.16.010 Installation authority.
10.16.020 Required for enforcement of certain
provisions.
10.16.030 Location——street—name signs.
10.16.040 Removal, relocation or discontinuance.
10.16.050 Hours of operation.
10.16.060 Lane markings.
10.16.070 Distinctive roadway markings.
10.16.080 Unauthorized painting of curbs.
10.16.010 Installation authority. A. The chief of
police shall have the exclusive power and duty to place and maintain, or cause
to be placed and maintained, official traffic—control devices when and as
required under the traffic regulations of the city to make effective the
provisions of the regulations.
B. Whenever the Vehicle Code of the state requires,
for the effectiveness of any provision thereof, that traffic—control devices be
installed to give notice to the public of the application of such law, the
chief of police is authorized to install the necessary devices, subject to any
limitations or restrictions set forth in the law applicable thereto.
C. The chief of police may also place and maintain
such additional traffic—control devices as he may deem necessary to regulate
traffic or to guide or warn traffic, but he shall make such determination only
upon the basis of traffic engineering principles and traffic investigations and
in accordance with such standards, limitations and rules as may be set forth in
the traffic regulations of the city or as may be determined by ordinance or
resolution of the legislative body of the city.
10.16.020 Required for enforcement
of certain provisions. No provision of the Vehicle Code or of this title
for which signs are required shall be enforced against an alleged violator unless
appropriate signs are in place and sufficiently legible to be seen by an
ordinarily observant person, giving notice of such provisions of the traffic
laws.
10.16.030 Location——Street—name signs. A. The chief of
police is directed 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 the life or property from
exceptional hazard.
B. The chief of police shall ascertain and determine
the locations where such signals are required by resort to field observation,
traffic counts and other traffic information as may be pertinent, and his
determinations therefrom shall be made in accordance with those traffic
engineering and safety standards and instructions set forth in the California
Maintenance Manual issued by the Division of Highways of the State Department
of Public Works.
C. Whenever the chief of police installs and
maintains an official signal at any intersection, he shall likewise erect and
maintain at such intersection street—name signs visible to the principal flow
of traffic unless such street—name signs have previously been placed and are maintained
at any said intersection.
10.16.040 Removal, relocation or discontinnance. The chief of police is
authorized to remove, relocate or discontinue the operation of any
traffic—control device not specifically required by state law or this title
whenever he determines, in any particular case, that the conditions which
warranted or required the installation no longer exist or obtain.
10.16.050 Hours of operations. The chief of police
shall 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 title.
10.16.060 Lane markings. The chief of police is
authorized 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.
10.16.070 Distinctive roadway
markings. Whenever the Department of Transportation determines by
resolution and designates a distinctive roadway marking which shall indicate no
driving over such marking, the chief of police is authorized to designate by
such marking 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 signs and markings. Such marking or signs and
marking shall have the same effect as similar markings placed by the Department
of Transportation pursuant to provisions of the Vehicle Code.
10.16.080 Unauthorized painting of curbs. No person,
unless authorized by the city, 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 the city pertaining thereto.
Chapter 10.20
Sections:
10.20.010 Turning markers.
10.20.020 Restricted turn signs.
10.20.030 Authority to prohibit right turns against
traffic stop signal.
10.20.010 Turning markers. A. The chief of police is
authorized to place markers, buttons or signs within or adjacent to
intersections indicating the course to be traveled by vehicles turning at such
intersections, and the chief of police is authorized to allocate and indicate
more than one lane of traffic from which drivers of vehicles may make
right-hand or left—hand turns, and the course to be traveled as so indicated
may conform to or be other than as prescribed by law or ordinance.
B. When authorized markers, buttons or other
indications are placed within an intersection indicating the course to be
traveled by vehicles turning thereat, no driver of a vehicle shall disobey the
directions of such indications.
10.20.020 Restricted turn signs. A. The chief of
police is authorized 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.
B.
Whenever authorized signs are erected indicating that no right or left or U
turn is permitted, no driver of a vehicle shall disobey the direction of any
such sign.
10.20.030 Authority to prohibit
right turns against traffic stop signal. The chief of police is authorized
to determine those intersections within any business or residence district at
which drivers of vehicles shall not make a right turn against a red or stop
signal and shall erect proper signs giving notice of such prohibition. No
driver of a vehicle shall disobey the directions of any such sign.
Chapter 10.24
ONE-WAY STREETS
Sections:
10.24.010 Sign erection.
10.24.020 Streets designated by resolution.
10.24.010 Sign erection. A. Whenever any ordinance or
resolution of the city designates any one—way street or alley, the city
administrator shall place and maintain signs giving notice thereof, and no such
regulation shall be effective unless such signs are in place.
B.
Signs indicating the direction of lawful traffic movement shall be placed at
every intersection where movement of traffic in the opposite direction is
prohibited.
10.24.020 Streets designated by resolution. In
accordance with Section 10.24.010, and when properly sign posted, traffic shall
move only in the direction indicated upon the following streets: those streets
and parts of streets heretofore or hereafter designated by resolution of the
city council.
Chapter 10.28
Sections:
10.28.010
Application.
10.28.020
Prohibited in certain places--Signs required.
10.28.030
Curb markings.
10.28.040
Standing in parkways.
10.28.050
Use of streets for storage of vehicles.
10.28.060
Parking for certain purposes prohibited.
10.28.070
Permit for loading or unloading at angle to curb.
10.28.080
Parking adjacent to schools.
10.28.090
Parking on narrow streets.
10.28.100
Parking on hills.
10.28.110
Parking by peddlers and vendors.
10.28.120
Parking parallel on one—way streets.
10.28.130
Diagonal parking.
10.28.140
Parking space markings.
10.28.150
Emergency parking signs.
10.28.160
No-stopping zones.
10.28.170
Parking in business districts.
10.28.180
Parking time limited--Two hours.
10.28.190
Parking time limited——streets designated by resolution.
10.28.200
Twenty—four—minute parking.
10.28.210
Forty-minute parking.
10.28.220
One—hour parking.
10.28.230
Two-hour parking.
10.28.240
Signs, meters and markings.
10.28.250
Parking prohibited——Generally.
10.28.260
Parking prohibited——Streets designated by resolution.
10.28.270 Parking prohibited--South Weed Boulevard
and North Weed Boulevard.
10.28.280 Bail and fine schedule amendments.
10.28.290 Bail and fine payment procedures.
10.28.300 Appearances and payment processing.
10.28.310 Repeat notices.
10.28.320 Bail schedule.
10.28.010 Application. A. The provisions of this
chapter prohibiting the stopping, standing or parking of a vehicle shall apply
at all times or at those times specified in this chapter, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic-control
device.
B. The provisions of this title imposing a time
limit on standing or parking shall not relieve any person from the duty to
observe other and more restrictive provisions of the State Vehicle Code or the
ordinances of the city prohibiting or limiting the standing or parking of
vehicles in specified places or at specified times.
10.28.020 Prohibited in certain places--Signs required.
The chief of police shall appropriately sign or mark the following places and,
when so signed or marked, no person shall stop, stand or park a vehicle in any
of these places
A. At any place within twenty feet of a point on the
curb immediately opposite the midblock end of a safety zone;
B. At any place within twenty-five feet of any
intersection in any business district, except that a bus may stop at a
designated bus stop;
C. Within twenty-five feet of the approach to any
traffic signal, boulevard stop sign or official electric flashing device;
D. At any place where the chief of police determines
that it is necessary in order to eliminate dangerous traffic hazards.
10.28.030 curb markings. A. The city administrator is
authorized, subject to the provisions and limitations of this section, to
place, and when required in this section shall place, the following curb
markings to indicate parking or standing regulations, and the curb markings
shall have the meanings as set forth in this section:
1. Red means no stopping, standing or parking
at any time except as permitted by the Vehicle Code, and except that a bus may
stop in a red zone marked or signed as a bus zone.
2. Yellow
means no stopping, standing or parking at any time between seven a.m. and six
p.m. of any day except Sundays and holidays for any purpose other than the
loading or unloading of passengers or materials, provided that the loading or
unloading of passengers shall not consume more than three minutes nor the
loading or unloading of materials more than twenty minutes.
3. White
means no stopping, standing or parking for any purpose other than the loading
or unloading of passengers which shall not exceed three minutes, and such
restrictions shall apply between seven a.m. and six p.m. of any day except
Sundays and holidays, and except as follows:
a. When
such zone is in front of a hotel, the restrictions shall apply at all times.
b. When
such zone is in front of a theater, the restrictions shall apply at all times
except when such theater is closed.
4. Green
means no standing or parking for longer than twenty—four minutes at any time
between nine a.m. and six p.m. of any day except Sundays and holidays.
B. When the city administrator, as authorized under
this section, has caused curb markings to be placed, no person shall stop,
stand or park a vehicle adjacent to any such legible curb marking in violation
of any of the provisions of this section.
10.28.040 Standing in parkways. No person shall stop,
stand or park a vehicle within any parkway.
10.28.050 Use of streets for storage of vehicles. No
person who owns or has possession, custody or control of any vehicle shall park
such vehicle upon any street for more than a period of seventy—two consecutive
hours.
10.28.060 Parking for certain purposes prohibited. No
person shall park a vehicle upon any roadway or in or upon any public parking
lot for the principal purpose of:
A. Displaying such vehicle for sale;
B. Washing, greasing or repairing such vehicle
except repairs necessitated by an emergency.
10.28.070 Permit for loading or
unloading at angle to curb. The chief of police is authorized to issue
special permits to allow the backing of a vehicle to the curb for the purpose
of loading or unloading merchandise or materials subject to the terms and
conditions of such permit. Such permits may be issued either to the owner or
lessee of real property or to the owner of the vehicle. The permit shall grant
to such person the privilege as therein stated and authorized in this section;
and it is unlawful for any permittee or other person
to violate any of the special terms or conditions of any such permit. No such
permit shall be issued without prior approval of the city council.
10.28.080 Parking adjacent to schools. A. The chief of
police is authorized to erect signs indicating no parking upon that side of any
street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no
parking upon that side of a street adjacent to any school property, no person
shall park a vehicle in any such designated place.
10.28.090 Parking on narrow streets. A. The chief of
police, upon resolution of the city council, shall place signs or markings
indicating no parking upon any street when the width of the roadway does not
exceed twenty feet, or upon one side of a street as indicated by such signs or
markings when the width of the roadway does not exceed thirty feet.
B. When official signs or markings prohibiting
parking are erected upon narrow streets as authorized in this section, no
person shall park a vehicle upon any such street in violation of any such sign
or marking.
10.28.100 Parking on hills. No
person shall park or leave standing any vehicle unattended on a highway when
upon any grade exceeding three percent within any business or residence
district without blocking the wheels of the vehicle by turning them against the
curb or by other means.
10.28.110 Parking by peddlers and vendors. A. Except
as otherwise provided in this section, no person shall stand or park any
vehicle, wagon or pushcart from which goods, wares, merchandise, fruits,
vegetables or food stuffs are sold, displayed, solicited or offered for sale or
bartered or exchanged, or any lunch wagon or eating car or vehicle, on any
portion of any street within the city, except that such vehicles, wagons or
pushcarts may stand or park only at the request of a bona fide purchaser for a
period of time not to exceed ten minutes at any one place. The provisions of
this subsection shall not apply to persons delivering such articles upon the
order of or by agreement with a customer from a store or other fixed place of
business or distribution.
B. No person shall park or stand on any street any
lunch wagon, eating cart, vehicle, or pushcart from which tamales, peanuts,
popcorn, candy or other articles of food are sold or offered for sale without
first obtaining a written permit to do so from the legislative body which shall
designate the specific location in which such cart shall stand.
C.
No person shall park or stand any vehicle or wagon used or intended to be used
in the transportation of property for hire on any street while awaiting
patronage for such vehicle or wagon without first obtaining a written permit to
do so from the legislative body which shall designate the specific location
where such vehicle may stand.
D. Whenever any permit is granted under the
provisions of this section and a particular location to park or stand is
specified therein, no person shall park or stand any vehicle, wagon or pushcart
on any location other than as designated in such permit. In the event that the
holder of any such permit is convicted in any court of competent jurisdiction
for violating any of the provisions of this section, such permit shall be
revoked forthwith by the legislative body upon the filing of the record of such
conviction with the legislative body, and no permit shall thereafter be issued
to such person until six months have elapsed from the date of such revocation.
10.28.120 Parking parallel on one—way streets. A.
Subject to other and more restrictive limitations, a vehicle may be stopped or
parked within eighteen inches of the left—hand curb facing in the
direction of traffic movement upon any one—way street unless signs are in place
prohibiting such stopping or standing.
B. In the event a highway includes two or more
separate roadways and traffic is restricted to one direction upon any such roadway,
no person shall stand or park a vehicle upon the left—hand side of such one—way
roadway unless signs are in place permitting such standing or parking.
C. The chief of police is authorized to determine when
standing or parking shall be prohibited upon the left-hand side of any one—way
street or when standing or parking may be permitted upon the left—hand side of
any one—way roadway of a highway having two or more separate roadways and shall
erect signs giving notice thereof.
D. The requirement of parallel parking imposed by
this section shall not apply in the event any commercial vehicle is actually
engaged in the process of loading or unloading freight or goods, in which case
such vehicle may be backed up to the curb, provided that such vehicle does not
extend beyond the center line of the street and does not block traffic thereby.
10.28.130 Diagonal parking. A. On any of the streets
or portions of streets established by resolution of the council as diagonal
parking zones, when signs or pavement markings are in place indicating such
diagonal parking, it shall be unlawful for the operator of any vehicle to park
said vehicle except:
1. At the
angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
2. With the
front wheel nearest the curb within six inches of said curb.
B. The provisions of this section shall not apply
when such vehicle is actually engaged in the process of loading or unloading
passengers, freight or goods, in which event the provisions applicable in
Section 10.28.120 shall be complied with.
10.28.140 Parking space markings. A. The city
administrator is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where
authorized parking is permitted.
B. When such parking space markings are placed on
the highway, subject to other and more restrictive limitations, no vehicle
shall be stopped, left standing or parked other than within a single space
unless the size or shape of such vehicle makes compliance impossible.
10.28.150 Emergency parking signs. A. Whenever the
chief of police determines that an emergency traffic congestion is likely to
result from the holding of public or private assemblies, gatherings or
functions, or for other reasons, the chief of police shall have the power and
authority to order temporary signs to be erected or posted indicating that the
operation, parking or standing of vehicles is prohibited on such streets and
alleys as the chief of police directs during the time such temporary signs are
in place. Such signs shall remain in place only during the existence of such
emergency and the chief of police shall cause such signs to be removed promptly
thereafter.
B. When signs authorized by the provisions of this
section are in place giving notice thereof, no person shall operate, park or
stand any vehicle contrary to the directions and provisions of such signs.
10.28.160 No-stopping zones. A. The city administrator
shall designate established no—stopping zones by placing and maintaining
appropriate signs indicating that the stopping of vehicles is prohibited and
indicating the hours and days when stopping is prohibited.
B. During the hours and on the days designated on
the signs, it shall be unlawful for the operator of any vehicle to stop said
vehicle on any of the streets or parts of streets established by resolution of
the council as no—stopping zones.
10.28.170 Parking in business districts.
When authorized signs are in place giving notice thereof, no person shall stop,
stand or park any vehicle within a business district between the hours of nine
a.m. and six p.m. of any day except Sundays and holidays for a period of time
longer than two hours.
10.28.180 Parking time
limited——Two hours. When authorized signs are in place giving notice
thereof, no person shall stop, stand or park any vehicle on any of the streets enumerated
in Section 10.28.190 for a period of time longer than two hours at any time
between the hours of nine a.m. and six p.m. of any day except Sundays and
holidays.
10.28.190 Parking time limited——Streets designated by
resolution. In accordance with Section 10.28.180, parking is limited to two
hours between the hours of nine a.m. and six p.m. of any day except Sundays and
holidays upon any of the following enumerated streets: those streets and parts
of streets heretofore or hereafter designated by resolution of the city
council.
10.28.200 Twenty-four-minute parking. Green curb
marking shall mean no standing or parking for a period of time longer than
twenty—four minutes at any time between nine a.m. and six p.m. on any day
except Sundays and holidays.
When
authorized signs, parking meters or curb markings have been determined by the
chief of police to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park said vehicle adjacent to any
such legible curb marking or sign or parking meter in violation thereof.
10.28.210 Forty—minute parking. When authorized signs,
parking meters or curb markings have been determined by the chief of police to
be necessary and are in place giving notice thereof, no operator of any vehicle
shall stop, stand or park said vehicle, between the hours of nine a.m. and six
p.m. of any day except Sundays and holidays, for a period of time longer than
forty minutes.
10.28.220 One—hour parking. When authorized signs,
parking meters or curb markings have been determined by the chief of police to
be necessary and are in place giving notice thereof, no operator of any vehicle
shall stop, stand or park said vehicle, between the hours of nine a.m. and six
p.m. of any day except Sundays and holidays, for a period of time longer than
one hour.
10.28.230 Two—hour parking.
When authorized signs, parking meter or curb markings have been determined by
the chief of police to be necessary and are in place giving notice thereof, no
operator of any vehicle shall stop, stand or park said vehicle, between the
hours of nine a.m. and six p.m. of any day except Sundays and holidays, for a
period of time longer than two hours.
10.28.240 Signs, meters and markings. All Signs,
meters or markings provided for by Sections 10.28.200 through 10.28.230, upon
the request of the chief of police to the city administrator, and upon
authorization of the city council, shall be made, placed or installed by the
city administrator.
10.28.250 Parking prohibited——Generally. When signs
are erected giving notice thereof, no person shall park a vehicle at any time
upon any of the streets described in Section 10.28.260.
10.28.260 Parking prohibited——Streets designated by
resolution. In accordance with Section 10.28.260, and when signs are
erected giving notice thereof, no person shall at any time park a vehicle upon
any of the following described streets or parts of streets: those streets and
parts of streets heretofore or hereafter designated by resolution of the city
council.
10.28.270 Parking prohibited--south Weed Boulevard and
North Weed Boulevard. A. It shall be unlawful for any person to park any
vehicle at any time in the following areas or locations on South Weed Boulevard
and North Weed Boulevard:
1.
Commencing at a point where Main Street intersects the east side of South Weed
Boulevard, and extending generally south from the southeast corner of the
intersections for sixty—three feet;
2. Commencing
at a point on the West side of North Weed Boulevard at the beginning of the
curb line beyond the Signal Service Station driveway and extending generally
north some ten feet to a private driveway;
3.
Commencing at the points where the west side of South Weed Boulevard is
intersected by the curb lines of College Avenue, and extending for a distance
of eighty feet both north and south from said points.
B. Any person violating any of the provisions of
this section shall be guilty of an infraction and, upon conviction thereof,
shall be punishable as provided by Chapter l.20.
C. Any provision of this section which regulates
traffic or delegates the regulation of traffic upon state highways in any way
for which the approval of the Department of Public Works is required by state
law shall cease to be operative six months after receipt by the city council of
written notice of withdrawal of approval of the Department of Public Works.
D.
Whenever this section 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 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 Department of Public Works when and to the
extent required by the Vehicle code.
10.28.280 Bail and fine schedule amendments. The city
has previously designated certain parking zones and violations in the city. The
city council may add, delete or change any zones by resolution. The city
council may change the bail and fine schedule by ordinance or resolution.
10.28.290 Bail and fine payment procedures. A. Bail
may be posted and forfeited by mailing it or paying in person at the office of
the city clerk, within fifteen days. An additional five dollars penalty
is applicable to payments made after the fifteen-day period.
B. If payment of the parking violation bail isn’t
received by the city clerk’s office within the fifteen days allowed, the city
shall serve or mail to the registered owner a notice of delinquent parking
violation, on a form AOC 508 or its equivalent.
C. Within fifteen days of a request, the city shall
provide (if it hasn’t already done so) to the person who received a notice of
delinquent parking violations, or to his or her agent, a copy of the original
notice of parking violation. The city may charge one dollar for a requested
copy.
10.28.300 Appearances and payment processing.
Appearances and payments shall be processed pursuant to California Vehicle code
Sections 40211, 40215, 40220, 40221, 40222, 40223, 40224, 40225, 40226, 40230,
which are incorporated in this section by reference.
10.28.310 Repeat notices. Except for violations of
Section 10.28.050, every parking violation which continues uninterrupted may be
given a notice of parking violation once per day. Section 10.28.050 violators
may be given such a notice every seventy-two hours. Sections 10.28.180 and
10.28.200 violators may be given such a notice twice in one day, provided the
second one is at least three hours after the first one.
10.28.320 Bail schedule. The bail schedule shall be as
set forth as follows:
10.08.070 Snow removal $15.00
10.08.030 Curb markings:
1. Red zone 20.00
2. Yellow zone 15.00
3. White zone 15.00
4. Green zone 15.00
10.28.040 Standing or parking in
parkways 10.00
10.28.050 Over seventy-two hour
parking 30.00
10.28.060 Parking for sale, washing,
repairing 15.00
10.28.110 Parking by peddlers or vendor:
1. Parking on street 15.00
2. No written permit (food) 15.00
3. No written permit (mover) 15.00
10.28.130(A) Diagonal parking 15.00
10.28.140(B) Parking stalls 10.00
10.28.180 Two-hour limit 10.00
10.28.210 Forty-minute limit 10.00
10.28.220 One-hour limit 10.00
10.28.250 Parking prohibited sign posted 15.00
10.28.270 No parking -- U.S. 97 15.00
10.32.040 Blocking alley 15.00
10.32.050 Bus zone 15.00
COS
Board Report 414 COS violation 10.00
CVC
22507.8(A) Handicapped
parking First 103.00
Second 250.00
Chapter 10.32
Sections
10.32.010 Establishment.
10.32.020 Effect of permission to load or unload.
10.32.030 Use for loading or unloading only.
10.32.040 Use of alleys.
10.32.050 Bus zones.
10.32.010 Establishment. A. The chief of police is
authorized to determine and to mark loading zones and passenger loading zones
as follows:
1. At any
place in any business district;
2. Elsewhere
in front of the entrance to any place of business or in front of any hall or
place used for the purpose of public assembly.
B. In no event shall more than one-half of the total
curb length in any block be reserved for loading zone purposes.
C. Loading zones shall be indicated by a yellow
paint line stenciled with black letters, “LOADING ONLY,” upon the top of all
curbs in the zones.
10.32.020 Effect of permission to load or unload. A.
Permission granted in this chapter to stop or stand a vehicle for purposes of
the loading or unloading of materials shall apply only to commercial vehicles
and shall not extend beyond the time necessary therefor, and in no event for
more than twenty minutes.
B. The loading or unloading of materials shall apply
only to commercial deliveries, also the delivery or pickup of express and
parcel post packages and United States mail.
c. Permission granted in this chapter to stop or
park for purposes of loading or unloading passengers shall include the loading
or unloading of personal baggage but shall not extend beyond the time necessary
therefor, and in no event for more than three minutes.
D. Within the total time limits specified in
subsection A through C of this section, the provisions of this section shall be
enforced so as to accommodate necessary and reasonable loading or unloading but
without permitting abuse of the privileges granted by this section.
10.32.030 Use for loading or unloading only. No person
shall stop, stand or park a vehicle in any yellow loading zone for any purpose
other than loading or unloading passengers or material for such time as is
permitted in Section 10.32.020.
10.32.040 Use of alleys. No person shall stop, stand
or park a vehicle for any purpose other than the loading or unloading of
persons or materials in any alley.
10.32.050 Bus zones. A. The chief of police is
authorized to establish bus zones opposite curb spaces for the loading and
unloading of buses of common carriers of passengers and to determine the
location thereof subject to the directives and limitations set forth in this
section.
B. “Bus,” as used in this section, means any motor
bus, motor coach or passenger stage used as a common carrier of passengers.
C. No bus zone shall exceed eighty feet in length,
except that, when satisfactory evidence has been presented to the chief of
police showing the necessity therefor, the chief of police may extend bus zones
not to exceed a total length of one hundred twenty—five feet.
D. Bus zones shall normally be established on the
far side of an intersection.
E. No bus zone shall be established opposite and to
the right of a safety zone.
F. The city administrator shall paint a red line
stenciled with white letters, “NO STANDTNG,” together with the words “BUS ZONE”
upon the top or side of all curbs and places specified as a bus zone.
G. No person shall stop, stand or park any vehicle
except a bus in a bus zone.
Chapter 10.36
STOP AND YIELD
INTERSECTIONS--SPECIAL STOPS*
Sections:
10.36.010 Erection of stop and yield signs.
10.36.020 Required stops.
10.36.030 Emerging from alley or private driveway.
10.36.040 Through streets.
10.36.050 Stop intersections.
10.36.060 Railroad stops.
10.36.010 Erection of stop and yield signs. A.
Whenever any ordinance or resolution of the city designates and describes any
street or portion thereof as a through street, or any intersection at which
vehicles are required to stop at one or more entrances thereto, or any railroad
grade crossing at which vehicles are required to stop, the chief of police
shall erect and maintain stop signs as follows:
1. A stop
sign shall be erected on each and every street intersecting such through street
or portion thereof so designated, and at those entrances of other intersections
where a stop is required, and at any railroad grade crossing so designated.
2. Every
such sign shall conform with and shall be placed as provided in Section 21355
of the Vehicle Code.
B. Whenever any ordinance or resolution of the city
provides that, at the entrance to a street, highway or intersection, a motorist
shall not enter such street, highway or intersection at a speed exceeding
fifteen miles per hour and shall slow down and stop, if necessary, and shall
yield the right—of—way to other vehicles which have entered the intersection
from an intersecting street or which are approaching so closely on the
intersecting street as to constitute an immediate hazard, and shall continue to
yield the right—of—way to such approaching vehicle until such time as he
can proceed with reasonable safety, the chief of police shall erect and
maintain signs as follows: a yield right—of— way sign shall be erected on each
and every street, highway and intersection so designated. Every such sign shall
conform with and shall be placed as provided in Section 21356 of the Vehicle
Code.
10.36.020 Required stops. A. Stops are required at
those streets and parts of streets described in Section 10.36.050.
B. The provisions of this section shall also apply
at one or more entrances to the intersections, as such entrances and
intersections are described in Section 10.36.050.
C. The provisions of this section shall apply at those
highway railway grade crossings as described in Section 10.36.060.
10.36.030 Emerging from alley or private driveway. The
driver of a vehicle emerging from an alley, driveway or building shall stop
such vehicle immediately prior to driving onto a sidewalk or into the sidewalk
area extending across any alleyway.
10.36.040 Through streets. In accordance with the
provisions of subsection A of Section 10.36.020, and when signs are erected
giving notice thereof, drivers of vehicles shall stop at the entrance or
entrances to those intersections described as follows: those streets and parts
of streets heretofore or hereafter designated by resolution of the city
council.
10.36.050 Stop intersections. In accordance with the
provisions of subsection B of Section 10.36.020, and when signs are erected
giving notice thereof, drivers of vehicles shall stop at the entrance or
entrances to those intersections described as follows: those streets and parts
of streets heretofore or hereafter designated by resolution of the city
council.
10.36.060 Railroad stops. In accordance with
subsection C of Section 10.36.020, and when signs are erected giving notice
thereof, drivers of vehicles shall stop before crossing the railroad tracks at
those highway railway grade crossings described as follows: those streets and
parts of streets heretofore or hereafter designated by resolution of the city
council.
MISCELLANEOUS DRIVING RULES
Sections:
10.40.010 Commercial vehicles using private
driveways.
10.40.020 Advertising vehicles.
10.40.030 Clinging to moving vehicles.
10.40.040 Driving through funeral procession.
10.40.050 Limited access roadways.
10.40.060 Restrictions on use of freeways.
10.40.070 Entering intersections and crosswalks.
10.40.080 Barriers and signs.
10.40.090 Animal—drawn vehicles.
10.40.100 Riding or driving on sidewalk.
10.40.110 New pavement and markings.
10.40.010 Commercial vehicles using private driveways.
No person shall operate or drive a commercial vehicle in, on or across any private
driveway approach or sidewalk area, or the driveway itself, without the consent
of the owner or occupant of the property, if a sign or markings are in place
indicating that the use of such driveway is prohibited.
For
the purpose of this section, “commercial vehicle” means a vehicle having a rate
capacity in excess of one—half ton.
10.40.020 Advertising vehicles. No person shall
operate or drive any vehicle used for advertising purposes or any advertising
vehicle equipped with a sound-amplifying or loud-speaking device upon any
street or alley at any time within the business district.
10.40.030 Clinging to moving
vehicles. No person shall attach himself with his hands, or catch on or
hold on with his hands or by other means, to any moving vehicle or train for
the purpose of receiving motive power therefrom.
10.40.040 Driving through funeral procession. No
operator of any vehicle shall drive between the vehicles comprising a funeral
procession or a parade, provided that such vehicles are conspicuously so
designated. The directing of all vehicles and traffic on any street over which
such funeral procession or parade wishes to pass shall be subject to the orders
of the police department.
10.40.050 Limited access roadways. No person shall
drive a vehicle onto or from any limited access roadway except at such
entrances and exits as are lawfully established.
10.40.060 Restrictions on use of freeways. No person
shall drive or operate any bicycle, motor—driven cycle, or any vehicle which is
not drawn by a motor vehicle upon any street established as a freeway, as
defined by state law, nor shall any pedestrian walk across or along any such
street so designated and described, except in space set aside for the use of
pedestrians, provided official signs are in place giving notice of such
restrictions.
10.40.070 Entering intersections and crosswalks. No
operator of any vehicle shall enter any 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, notwithstanding any traffic—control
signal indication to proceed.
10.40.080 Barriers and signs. No person, public
utility or department in the city shall erect or place any barrier or sign on
any street unless of a type approved by the chief of police, or disobey the
instructions of, remove, tamper with or destroy any barrier or sign lawfully
placed on any street by any person, public utility or department of the city.
10.40.090 Animal—drawn vehicles. No person shall drive
any animal—drawn vehicle into or within the business district between the hours
of four—thirty p.m. and six p.m. of any day.
10.40.100 Riding or driving on sidewalk. No person
shall ride, drive, propel or cause to be propelled any vehicle or animal across
or upon any sidewalk excepting over permanently constructed driveways, and
excepting when it is necessary for any temporary purpose to drive a loaded
vehicle across a sidewalk; provided, further, that said sidewalk area be
substantially protected by wooden planks, two inches thick, and written
permission be previously obtained from the chief of police. Such wooden planks
shall not be permitted to remain upon such sidewalk area during the hours from
six p.m. to six a.m.
10.40.110 New pavement and markings. No person shall
ride or drive any animal or any vehicle over or across any newly made pavement
or freshly painted markings in any street when a barrier sign, cone marker or
other warning device is in place warning persons not to drive over or across
such pavement or marking, or when any such device is in place indicating that
the street or any portion thereof is closed.
Chapter 10.44
PEDESTRIANS
Sections:
10.44.010 Crosswalks——Establishment.
10.44.020 Crosswalks——signs prohibiting use.
10.44.030 Crosswalks——Use required in certain
districts.
10.44.010 Crosswalks——Establishment. A. The city
administrator shall establish, designate and maintain crosswalks at
intersections and other places by appropriate devices, marks or lines Upon the
surface of the roadway as follows: Crosswalks shall be established and
maintained at all intersections within the central traffic district and at such
intersections outside such district, and at other places within or outside said
district, where the city administrator determines that there is particular
hazard to pedestrians crossing the roadway, subject to the limitation contained
in subs6ction B of this section.
B. Other than crosswalks at intersections, no
crosswalk shall be established in any block which is less than four hundred
feet in length, and such crosswalk shall be located, as nearly as practicable,
at midblock.
10.44.020 Crosswalks——Signs prohibiting use. The city
administrator may place signs at or adjacent to an intersection in respect to
any crosswalk directing that pedestrians shall not cross in the crosswalk so
indicated.
10.44.030 Crosswalks——Use required
in certain districts. No pedestrian shall cross a roadway other than by a
crosswalk in the central traffic district or
Chapter 10.48
TRUCK ROUTES
Sections:
10.48.010 Truck routes——Designation.
10.48.020 Truck routes——Established.
10.48.030 Exemptions.
10.48.040 Prohibited truck parking.
10.48.010 Truck routes--Designation. A. The public works
director, when authorized by an ordinance of the city council, shall
appropriately sign and mark streets, or portions of streets, as a "truck
route" for the movement of vehicles exceeding a maximum gross weight limit
of ten tons.
B. When any such truck
routes are established and designated by appropriate signs and markings, the
operator of any vehicle exceeding a gross weight limit of ten tons shall drive
on such routes, except when necessary to traverse another street to a
destination for the purpose of loading and unloading, but when only by such
deviation from the nearest truck route as is necessary. The posting or marking
of non-truck route streets shall not be required to prohibit travel by vehicles
exceeding a maximum gross weight limit of ten tons except as otherwise provided
in this paragraph.
10.48.020 Truck routes——Established. The following streets, or portions of streets, are
hereby declared to be truck routes for the movement of vehicles exceeding a
maximum gross weight of ten tons:
C. Mary's Drive from
10.48.030 Exemptions. The prohibitions in this
chapter shall not apply to:
A. Any commercial vehicle
making a pickup or delivery of goods, wares or
merchandise from or to any building or structure located on a restricted
street;
B. Any commercial vehicle
delivering materials to be used in the actual and bona fide repair, alteration,
remodeling or construction of any building or structure that is located upon a
restricted street and for which a building permit has previously been obtained;
C. Any vehicle owned by a
public utility or a licensed contractor while necessarily in use in the
construction, installation or repair of any public utility located on a
restricted street;
D. Any vehicle owned and
operated by a government entity while engaged in government business or by a
licensed contractor while being operated pursuant to government business;
E. Any commercial vehicle
licensed to collect, transport or dispose of waste materials, including
recyclable waste materials, from any building or structure located on a
restricted street;
F. Any emergency vehicle
being operated in response to an emergency; and
G. Any passenger stage
vehicle subject to Sections 1031 through 1036, inclusive, of the California
Public Utilities Code, or to the Siskiyou Transit and General Express (STAGE).
10.48.040 Prohibited truck parking.
In accordance with the provisions of Section 10.48.010 of this chapter, relating
to truck routes, no person shall at any time cause trucks to be parked upon any
street not so designated as a truck route in accordance with Section 10.48.010
of this chapter. Notwithstanding the provisions of Section 10.48.010 of this
chapter the city council, by resolution, may designate on any truck route
street, or portion of a truck route street, deemed to create an unsafe or
hazardous condition, areas where the parking of trucks shall be prohibited.
Upon such designation by resolution of the city council, and with the placement
of signs prohibiting the parking of trucks on any such truck route street, or
portion thereof, the parking of trucks shall be prohibited. The posting or
marking of non-truck route streets shall not be required to prohibit the parking
of trucks on such streets.
Chapter 10.52
RAILROADS
Sections:
10.52.010 Trains not to block crossings.
10.52.010 Trains not to block crossings. No person
shall cause or permit any railway train or railway cars or similar vehicle on rails
to stop or stand or to be operated in such a manner as to prevent the use of
any Street for the purposes of travel for a period of time longer than ten
minutes, except that this provision shall not apply to railway trains, cars or
similar vehicles on rails while blocking or obstructing a crossing because of
an accident which requires the operator of the train, car or similar vehicle on
rails to stop at or near the scene of the accident.
Chapter 10.56
ABANDONED VEHICLES
Sections:
10.56.010 Findings and declarations.
10.56.020
Definitions.
10.56.030
Exemptions.
10.56.040
Chapter in addition to other regulations.
10.56.050
Abatement--Authorized.
10.56.060
Abatement--Notice of intention.
10.56.070
Abatement——Request for hearing.
10.56.080
Abatement——Hearing procedure.
10.56.090
Abatement--Appeal.
10.56.100
Abatement——Removal and disposal.
10.56.110
Abatement--Notice to Department of Motor Vehicles.
10.56.120
Abatement——Assessment of costs.
10.56.130
Enforcement.
10.56.140
Right of entry by contracted persons.
10.56.150
Determination of administrative costs.
10.56.160
Reconstruction prohibited-—Exception.
10.56.170
Abandonment prohibited.
10.56.180
Refusal to remove prohibited.
10.56.190
Penalty for violation.
10.56.010 Findings and
declarations. In addition to and in accordance with the determination made
and the authority granted by the state under Section 22660 of the Vehicle Code
to remove abandoned, wrecked, dismantled or inoperative vehicles or parts
thereof as public nuisances, the city council makes the following findings and
declarations:
The
accumulation and storage of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof on private or public property, not including
highways, is found to create a condition tending to reduce the value of private
property, to promote blight and deterioration, to invite plundering, to create
fire hazards, to constitute an attractive nuisance creating a hazard to the
health and safety of minors, to create a harborage for rodents and insects and
to be injurious to the health, safety and general welfare. Therefore, the
presence of an abandoned, wrecked, dismantled or inoperative vehicle, or part
thereof, on private or public property not including highways, except as expressly
permitted in this chapter, is declared to constitute a public nuisance which
may be abated as such in accordance with the provisions of this chapter.
10.56.020 Definitions. As used in this chapter, the
following definitions shall apply:
A.
“Highway” means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. “Highway” includes
street.
B.
“Owner of the land” means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
C. “Owner of the vehicle” means the last registered
owner and legal owner of record.
D
“Public property” does not include “highway.”
E. “Vehicle” means a device by which any person or
property may be propelled, moved or drawn upon a highway, except a device moved
by human power or used exclusively upon stationary rails or tracks.
10.56.030 Exemptions. A. This
chapter shall not apply to:
1. A vehicle
or part thereof which is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private
property;
2. A vehicle
or part thereof which is stored or parked in a lawful manner on private property
in connection with the business of a licensed dismantler, licensed vehicle
dealer or a junk dealer, or when such storage or parking is necessary to the
operation of a lawfully conducted business or commercial enterprise;
3. A vehicle
or part thereof which is located behind a solid fence six feet in height and
which is not plainly visible from a highway.
B. Nothing in this section shall authorize the
maintenance of a public or private nuisance as defined under provisions of law
other than Chapter 10 (commencing with Section 22650) of Division 11 of the
Vehicle Code and this chapter.
10.56.040 Chapter in addition to other regulations.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled
or inoperative vehicles within the city. It shall supplement and be in addition
to the other regulatory codes, statutes and ordinances heretofore or hereafter
enacted by the city, the state or any other legal entity or agency having
jurisdiction.
10.56.050 Abatement——Authorized. Upon discovering the
existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts
thereof, on private property or public property within the city, the chief of police shall have the authority to
cause the abatement and removal thereof in accordance with the procedure
prescribed in this chapter.
10.56.060 Abatement——Notice of intention. A. A ten—day
notice of intention to abate and remove the vehicle, or parts thereof, as a
public nuisance shall be mailed by certified or registered mail to the owner of
the land and to the owner of the vehicle, unless the vehicle is in such
condition that identification numbers are not available to determine ownership.
B. The notice of intention shall be in substantially
the following forms:
1. Owner of
Land.
“NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A
PUBLIC NUISANCE
(Name and address of owner of the
land)
“As
owner shown on the last equalized assessment roll of the land located at
(address), you are hereby notified that the undersigned pursuant to (section of
ordinance) has determined that there exists upon said land an (or parts of an)
abandoned, wrecked, dismantled or inoperative vehicle registered to
______________________, license number ____________, which constitutes a public
nuisance pursuant to the provisions of (ordinance number).
“You
are hereby notified to abate said nuisance by the removal of said vehicle (or
said parts of a vehicle) within 10 days from the date of mailing of this
notice, and upon your failure to do so the same will be abated and removed by
the City of Weed and the costs thereof, together with administrative costs,
assessed to you as owner of the land on which said vehicle (or said parts of a
vehicle) is located.
“As
owner of the land on which said vehicle (or said parts of a vehicle) is
located, you are hereby notified that you may, within 10 days after the mailing
of this notice of intention, request a public hearing and if such a request is
not received by the Chief of Police within such 10—day period, the Chief of
Police shall have the authority to abate and remove said vehicle (or said parts
of a vehicle) as a public nuisance and assess the costs as aforesaid without a
public hearing. You may submit a sworn written statement within such 10-day
period denying responsibility for the presence of said vehicle (or said parts
of a vehicle) on said land, with your reasons for denial, and such statement
shall be construed as a request for hearing at which your presence is not
required. You may appear in person at any hearing requested by you or the owner
of the vehicle or, in lieu thereof, may present a sworn written statement as
aforesaid in time for consideration at such hearing.
“Notice
mailed_________________
s/____________________________
(date) Chief of Police”
2. Owner of
Vehicle.
“NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A
PUBLIC NUISANCE
(Name and address of last
registered and/or legal owner of record of vehicle — notice should be given to
both if different)
“As
last registered (and/or legal) owner of record of (description of vehicle —
make, model, license, etc.), you are hereby notified that the undersigned
pursuant to (section of ordinance) has determined that said vehicle (or parts
of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative
vehicle at (describe location on public or private property) and constitutes a
public nuisance pursuant to the provisions of (ordinance number)
“You
are hereby notified to abate said nuisance by the removal of said vehicle (or
said parts of a vehicle) within 10 days from the date of mailing of this
notice.
“As
registered (and/or legal) owner of record of said vehicle (or said parts of a
vehicle), you are hereby notified that you may, within 10 days after the
mailing of this notice of intention, request a public hearing and if such a
request is not received by the Chief of Police within such 10-day period, the
Chief of Police shall have the authority to abate and remove said vehicle (or
said parts of a vehicle) without a hearing.
“Notice
mailed_________________
s/____________________________
(date) Chief of
Police.”
10.56.070 Abatement——Request for hearing. A. Upon
request by the owner of the vehicle or owner of the land received by the city
administrator within ten days after the mailing of the notices of intention to
abate and remove provided for in Section 10.56.060, a public hearing shall be
held by the city administrator on the question of abatement and removal of the
vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle,
and the assessment of the administrative costs and the cost of removal of the
vehicle or parts thereof against the property on which it is located.
B.
If the owner of the land submits a sworn written statement denying
responsibility for the presence of the vehicle on his land within such ten-day
period, said statement shall be construed as a request for a hearing which does
not require his presence. Notice of the hearing shall be mailed, by certified
or registered mail, at least ten days before the hearing to the owner of the
land and to the owner of the vehicle, unless the vehicle is in such condition
that identification numbers are not available to determine ownership.
C. If such a request for hearing is not received
within said ten days after mailing of the notice of intention to abate and
remove, the city shall have the authority to abate and remove the vehicle or
parts thereof as a public nuisance without holding a public hearing.
10.56.080 Abatement——Hearing
procedure. A. All hearings under this chapter shall be held before the city
administrator who shall hear all facts and testimony he deems pertinent. Said
facts and testimony may include testimony on the condition of the vehicle or
parts thereof and the circumstances concerning its location on the said private
property or public property. The city administrator shall not be limited by the
technical rules of evidence. The owner of the land may appear in person at the
hearing or present a sworn written statement in time for consideration at the
hearing, and deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial.
B. The city administrator may impose such conditions
and take such other action as he deems appropriate under the circumstances to
carry out the purpose of this chapter. He may delay the time for removal of the
vehicle or parts thereof if, in his opinion, the circumstances justify it. At
the conclusion of the public hearing, the city administrator may find that a
vehicle or parts thereof has been abandoned, wrecked or dismantled or is
inoperative on private or public property and order the same removed from the
property as a public nuisance and disposed of as provided in this chapter and
determine the administrative costs and the cost of removal to be charged
against the owner of the land. The order requiring removal shall include a
description of the vehicle or parts thereof and the correct identification
number and license number of the vehicle, if available at the site.
C. If it is determined at the hearing that the
vehicle was placed on the land without the consent of the owner of the land and
that he has not subsequently acquiesced in its presence, the city administrator
shall not assess the costs of administration or removal of the vehicle against
the property upon which the vehicle is located or otherwise attempt to collect
such costs from such owner of the land.
D. If the owner of the land submits a sworn written
statement denying responsibility for the presence of the vehicle on his land
but does not appear, or if an interested party makes a written presentation to
the city administrator but does not appear, he shall be notified in writing of
the decision.
10.56.090 Abatement--Appeal. A. Any interested party
may appeal the decision of the city administrator by filing a written notice of
appeal with the city administrator within five days after his decision.
B. Such appeal shall be heard by the city council
which may affirm, amend or reverse the order or take other action deemed appropriate.
C. The clerk shall give written notice of the time
and place of the hearing to the appellant and those persons specified in
Section 10.56.060.
D.
In conducting the hearing the city council shall not be limited by the
technical rules of evidence.
10.56.100 Abatement--Removal and disposal. Five days
after adoption of the order declaring the vehicle or parts thereof to be a
public nuisance, five days from the date of mailing of notice of the decision,
if such notice is required by Section 10.56.080, or fifteen days after such
action of the governing body authorizing removal following appeal, the vehicle
or parts thereof may be disposed of by removal to a scrapyard or automobile
dismantler’s yard. After a vehicle has been removed it shall not thereafter be
reconstructed or made operable.
10.56.110 Abatement--Notice to Department of Motor
Vehicles. Within five days after the date of removal of the vehicle or
parts thereof, notice shall be given to the Department of Motor Vehicles
identifying the vehicle or parts thereof removed. At the same time there shall
be transmitted to the Department of Motor Vehicles any evidence of registration
available, including registration certificates, certificates of title and
license plates.
10.56.120 Abatement——Assessment of costs. If the
administrative costs and the cost of removal which are charged against the
owner of a parcel of land pursuant to Section 10.56.080 are not paid within
thirty days of the date of the order, or the final disposition of an appeal
therefrom, such costs shall be assessed against the parcel of land pursuant to
Section 38773.5 of the Government Code and shall be transmitted to the tax
collector for collection. Said assessment shall have the same priority as other
city taxes.
10.56.130 Enforcement. Except as
otherwise provided in this chapter, the provisions of this chapter shall be
administered and enforced by the police department.
10.56.140 Right of entry by
contracted persons. When the city council has contracted with or granted a franchise
to any person or persons, such person or persons shall be authorized to enter
upon private property or public property to remove or cause the removal of a
vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
10.56.150 Determination of
administrative costs. The city council shall, from time to time, determine
and fix an amount to be assessed as administrative costs (excluding the actual
cost of removal of any vehicle or part thereof) under this chapter.
10.56.160 Reconstruction
prohibited-—Exception. No vehicle which has been moved as provided by this
chapter shall be reconstructed or made operable, unless it is a vehicle which
qualifies for either horseless carriage license plates or historical vehicle
license plates, pursuant to Section 5004 of the Vehicle Code of the state, in
which case such vehicle may be reconstructed or made operable.
10.56.170 Abandonment prohibited. It shall be unlawful
and an infraction for any person to abandon, park, store or leave, or permit
the abandonment, parking, storing or leaving of, any licensed or unlicensed
vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled or
inoperative condition upon any private property or public property, not
including highways; within the city for a period in excess of thirty days,
unless such vehicle, or parts thereof, is completely enclosed within a building
in a lawful manner where it is not plainly visible from the street or other
public or private property, or unless such vehicle is stored or parked in a
lawful manner on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer or junkyard.
10.56.180 Refusal to remove prohibited. It shall be
unlawful and a misdemeanor for any person to fail or refuse to remove an
abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or to
refuse to abate such nuisance when ordered to do so in accordance with the
abatement provisions of this chapter or state law where such state law is applicable.
10.56.190 Penalty for violation. Any violation of this
chapter denominated a misdemeanor by any provision of this chapter shall be
punishable as provided by chapter 1.20.