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HomeMy WebLinkAboutORD 020 1984 0620ORDINANCE NO. _20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 1, SECTIONS 12.01.010 THROUGH 12.01.590 TO TITLE 12 OF THE MOORPARK MUNICIPAL CODE RELATING TO TRAFFIC The City Council of the City of Moorpark, California, does ordain as follows: SECTION 1: Sections 12.01.010 through 12.01.590 are added to the Moorpark Municipal Code to read as follows: "Section 12.01.010. Scope. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article. "Section 12.01.020. Vehicle Code definitions. Whenever any words or phrases used in this chapter are not defined in this article but are defined in the Vehicle Code of the State, such definitions are incorporated in this article and shall be deemed to apply to such words and phrases as used in this chapter as though set forth in this article in full. "Section 12.01.030. Alley. "Alley" shall mean any highway, as defined in Section 12.01.060 of this article, having a width of twenty -five (25') feet or less and not provided with sidewalks. "Section 12.01.040. Commercial vehicle loading zone. "Commercial vehicle loading zone" shall mean that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers and materials, marked and designated as provided in this chapter. "Section 12.01.050. Crosswalk. "Crosswalk" shall mean that portion of the roadway included within the prolongation of the curb and property lines of an intersecting street. "Crosswalk" shall include any cross strip of highway, not to exceed twenty (20') feet in width, which is not a crosswalk by reason of intersecting highways but which shall be designated as a crosswalk by ordinance. "Section 12.01.060. Highway. "Highway" shall mean every way or place of whatever nature publicly maintained and open to the use of the public for purposes of vehicular.or pedestrian travel. "Highway" shall include a street. "Section 12.01.070. Intersection. "Intersection" shall mean the area embraced within the prolongation of the lateral boundary lines of the roadways of two (2) highways which join one another at approximately right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in contact. "Section 12.01.080. Operator. "Operator" shall mean any person who is in actual physical control of a vehicle. "Section 12.01.090. Passenger loading zone. "Passenger loading zone" shall mean that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers, marked and designated as provided in this chapter. "Section 12.01.100. Park. "Park" shall mean to stand a vehicle or allow a vehicle to stand for a period of time longer than actually or reasonably necessary for the loading or unloading of passengers or materials. "Section 12.01.110. Pedestrian. "Pedestrian" shall mean any person afoot, or any cyclist having dismounted a bicycle and then pro- ceeding to move the bicycle afoot, or any person who is using a means of conveyance propelled by human power other than a bicycle. "Section 12.01.120. Roadway. "Roadway" shall mean that portion of a street between the regularly established curb lines, or, when no curbs exist, that portion improved, designated, and ordinarily used for vehicular travel and parking. -2- "Section 12.01.130. Safety zone. "Safety zone" shall mean that portion of a roadway reserved for the exclusive use of pedestrians, marked and designated as provided in this chapter. "Section 12.01.140. Sidewalk. "Sidewalk" shall mean that portion of a street between the curb lines or traversable roadway and the adjacent property lines. "Section 12.01.150. Vehicle. "Vehicle" shall mean every device or animal by which any person or property is or may be trans- ported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon rails. "Section 12.01.160. Bicycle. "Bicycle" shall mean a device upon which any person may ride, propelled by human power through a.belt, chain, or gears, and having either two (2) or three (3) wheels in a tandem or tricycle arrangement. "Section 12.01.170. Bicycle lane. "Bicycle lane" shall mean any lane within the roadway designated by signs and /or markings for the operation of bicycles. "Section 12.01.180. Bicycle path. "Bicycle path" shall mean any specifically designated area for bicycle travel physically separated from the roadway. "Section 12.01.190. Bicycle route. "Bicycle route" shall mean any route recommended for bicycle travel. A bicycle route may include a bicycle path, bicycle lane, and /or a public street for accommodating bicycle riders. "Section 12.01.200. Cyclist. "Cyclist" shall mean any bicycle operator. -3- "Section 12.01.210. Police officer. "Police officer" shall mean any 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. "Section 12.01.220. Vehicle Code. "Vehicle Code" shall mean the Vehicle Code of the State. "Section 12.01.230. Bicycle dealer. "Bicycle dealer" shall mean any person, firm, partnership, or corporation which is engaged wholly or partly in the business of selling bicycles, or buying or taking in trade bicycles for the purposes of resale, or selling or offering for sale or otherwise dealing with bicycles, whether or not such bicycles are owned by such person or entity. "Bicycle dealer" shall also include the agents or employees of such person or entity. "Section 12.01.240. Truck. "Truck" shall mean any motor vehicle designed, used, or maintained primarily for the transportation of property or persons. "Truck" shall include a semitrailer, trailer, truck tractor, or commercial vehicle as defined by the Vehicle Code of the State. "Truck" shall not include a pickup. "Section 12.01.250. Official traffic control device. "Official traffic control device" shall mean any sign, signal, marking, or device, not inconsistent with the Vehicle Code of the State or this Code, place or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. "Section 12.01.260. Operation of electric carts. Physically disabled persons and persons fifty (50) years of age or older are hereby authorized to operate electric carts on public sidewalks or bicycle lanes within the City; provided, however, any such person who owns an electric cart shall apply to the Chief of Police for a permit and an identification sticker to so operate the cart, and such sticker shall be affixed to the cart in order to operate it upon any public sidewalk or bicycle lane within the City. "Section 12.01.270. State authority. Every person operating a motor vehicle shall have all the rights and shall be subject to all the duties applicable by the laws of the State or by the laws of the City, except those provisions of laws and ordinances which by their nature have no application and except as otherwise provided in this chapter. (See Vehicle Code Sections 21200 et seq.) "Section 12.01.280. Obedience to official traffic control devices. It shall be unlawful for any person operating a motor vehicle or handling an animal to fail to obey any official traffic control device appli- cable to him, unless otherwise directed by a police officer or traffic officer. "Section 21.01.290. Motor vehicle operation in bicycle lanes. (a) Whenever a bicycle lane has been established on a roadway pursuant to Section 21207 of the Vehicle Code, any person operating a motor vehicle on such highway shall not drive in the bicycle lane, except to park where parking is permitted, to enter or leave the highway, or to prepare for a right turn. (b) When it is necessary to make a right -hand turn on a roadway which has a bicycle lane to the right of the motor vehicle lane, the motorist shall merge into the bicycle lane in accordance with subsection (a) of Section 21658 of the Vehicle Code and make his turn as closely as practicable to the right -hand curb or edge of the roadway, in accordance with Section 22100 of the Vehicle Code, after yielding the right -of -way to all cyclists and pedestrians within the bicycle lane who are so near as to consti- tute a hazard. "Section 21.01.300. Scope. The provisions of the Vehicle Code and this Code relative to traffic upon highways and official traffic control devices upon highways shall be applicable to the following: (a) All highways; (b) Those driveways, paths, roads, parking facilities, and grounds owned, operated, or con- trolled by the City as determined and designated -5- by the City Engineer and when signs giving notice thereof have been erected; and (c) Those privately owned and maintained roads and parking facilities as determined and designated by the Council by resolution accord- ing to the provisions of the Vehicle Code and City policy and when signs giving notice thereof have been erected. "Section 12.01.310. Transporting hydrocyanic acid. It shall be unlawful for any person to transport liquid hydrocyanic (HCN), referred to in this section as acid, over any street in the City in or upon any vehicle or conveyance unless the following provisions are each and all complied with: (a) The acid shall be securely enclosed in a suitable container which will prevent the escape of such acid in the event such container should be upset or jarred. (b) The vehicle shall be equipped with sub- stantial sideboards and tailboards, each and all of which are at least twenty (20 ") inches in height, and the vehicle shall be equipped with a substantial, tight, and solid bed. (c) The vehicle shall not be of the type designed for use as a passenger vehicle. (d) The driver of the vehicle shall be accompanied by at least one other male person of the age of sixteen (16) years or more. (e) The rear end of such vehicle shall be painted white or carry a sign securely fixed, upon which vehicle or sign there shall appear in red letters not less than three (3 ") inches in height the words "Danger - Inflammable - Keep Your Distance ". (f) Containers of acid in such vehicles shall be firmly secured to the vehicle so that the containers cannot overturn in the vehicle or fall therefrom. (g) Trailers used to carry such acid shall be attached to the motor vehicle so as to prevent side - whipping by the trailer. (h) Vehicles carrying the acid shall come to a full stop at all railroad and street railway crossings and proceed only after making certain that the crossing can be safely crossed. (i) Vehicles containing such acid and con- tainers or applicators containing the acid shall not be allowed to stand within fifteen (15') feet of the traveled portion of any public highway. "Section 12,01.320. Transporting trash. Every vehicle carrying trash upon a highway shall be covered with a cover sufficient to prevent any material from falling or being blown from such vehicle; provided, however, when traveling from house to house or from place to place to pick up material, vehicles used in collecting trash or garbage need not be covered so long as the distance between such stops for loading is not more than one -half (1/2) mile. "Section 12.01.330. Damaging streets. It shall be unlawful for any person to ride, drive, or drag, or cause to be ridden, driven, or dragged, any unlicensed vehicle, tractor, sled, or implement over, along, or across any street in such a manner as to cause injury or damage to such street. "Section 12.01.340. Emergency vehicles. The provisions of this chapter regulating the moving, parking, and standing of vehicles shall not apply to vehicles being used by any authorized Police or Fire Department, the Street Department, or the Division of Highways of the State while the driver of any such vehicle is engaged in the neces- sary performance of public emergency duties. "Section 12.01.350. Vehicles for sale. It shall be unlawful for any person to park any vehicle, or cause any vehicle to be narked, on any street for the purpose of displaying such vehicle for sale. -7- "Section 12.01.360. Loading zones. It shall be unlawful for the operator of any vehicle to park or stop such vehicle for any purpose other than the loading or unloading of passengers or materials; provided, however, no stop for the loading of passengers shall be made for more than three (3) minutes nor for the loading or unloading of materials for more than twenty (20) minutes in any of the following places: (a) In any alley within any business or residence district; and (b) In any loading City Engineer; provided, zone shall be designated markings or signs. zone designated by the however, such loading by yellow painted curb "Section 12.01.370. Passenger loading zones. It shall be unlawful for the operator of any vehicle to park or stop such vehicle for any purpose other than the loading or unloading of passengers; provided, however, no stop for the loading or unloading of passengers shall be made for more than three (3) minutes in any of the following places: (a) For a distance of thirty (301) feet along any curb at the main entrance to any hotel; (b) At any curb in front of any portion of the main entrance and outside vestibule of any theater during any time such theater is open for public performance; and (c) In any passenger loading zone designated by the City Engineer; provided, however, such passenger loading zone shall be designated by white painted curb markings or signs. "Section 12.01.380. Bus zones. The City Engineer is hereby authorized to establish and locate bus zones within fifty (50') feet of any intersection when such zones are found by him to be necessary and will not cause a safety hazard. "Section 12.01.390. Parallel parking. Except as otherwise provided in Section 12.01.400 of this article, it shall be unlawful for the operator of any vehicle to stop, stand, or park such vehicle in a roadway other than parallel with the curb or right -hand edge of the roadway with the two (2) right -hand wheels of the vehicle within eighteen (18 ") inches of the regularly established curb line or, where no curb line exists, as near to the right -hand edge of the roadway as practicable. "Section 12.01.400. Angle parking. (a) Determination. The City Engineer shall determine the location of streets, or parts of streets, where angle parking shall be permitted. (b) Method. When the City Engineer shall determine the location of streets, or parts of streets, where angle parking shall be permitted, it shall be unlawful for any person to stop, stand, or park, or cause or permit to be stopped, stood, or parked, any vehicle in any roadway otherwise than at an angle of approximately forty -five (45) degrees with the curb thereof with the nearest wheel not to exceed one foot from such curb. (c) White lines. The City Engineer shall indicate the proper angle for such parking upon the portions of such streets by the painting of white lines upon the surface of the roadway adjacent to the curb line thereof. "Section 12.01.410. Prohibited parking or stopping. No person shall park, stop, or leave standing any vehicle, trailer, or camper, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device in any of the following places: -Q- (a) Within an intersection; (b) On a crosswalk, except that a bus en- gaged as a common carrier or a taxicab may stop in an unmarked crosswalk to load or unload passengers; (c) Between a safety zone and the adjacent right -hand curb or within the area between the zone and the curb as may be indicated by a sign or red paint on the curb; (d) Within fifteen (15' ) feet of the drive- way entrance to or exit from any fire station. This subsection shall not apply to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle; (e) Within fifteen (15`) feet of a fire hydrant, except when such vehicle is attended by a licensed driver who is seated in the front seat and who can immediately move such vehicle in case of necessity. This subsection shall not apply in respect to any vehicle owned or operated by a fire department and clearly marked as a fire department vehicle; (f) In front of a public or private drive- way, except that a bus engaged as a common carrier, school bus, or taxicab may stop to load or unload passengers; (g) On a sidewalk, except as permitted by ordinance; (h) Alongside, opposite, or within any street or highway excavation, obstruction, or construction when such stopping, standing, or parking would obstruct traffic or construction operations; (i) On the roadway side of any vehicle stopped, parked, or standing at the curb or edge of a highway; (j) In any "No Parking or Stopping Any Time Zone" or emergency parking only zone determined and designated by the City Engineer; provided, however, such zone shall be designated by red curb painted markings or signs; and -in- (k) On any roadway in such a position as to obstruct the normal movement of traffic or in such a condition as to create a hazard to other traffic upon the street. "Section 12.01.420. Prohibited or restricted parking. It shall be unlawful to park, stop, or leave standing any vehicle, trailer, or camper, whether attended or unattended, on any street or part of a street, except as provided in this chapter. Such prohibited or restricted parking may apply to such vehicles, in such locations, during certain hours or days as determined by the City Engineer; provided, however, such restrictions shall be designated by curb painted markings or signs. "Section 12.01.430. Parking on hills. No person driving, or in charge of, or in control of a vehicle, trailer, or camper shall permit it to stand on any street unattended when upon any grade exceeding three (3 %) percent within any business or residence district without blocking the wheels by turning them against the curb or by other means. "Section 12.01.440. Seventy- two -hour limit. No person who owns or has possession, custody, or control of any vehicle, trailer, or camper shall park upon any City right -of -way or alley for more than a consecutive period of seventy -two (72) hours. "Section 12.01.450. Removal of vehicles. Any member of the Highway Patrol of the State or any member of the Police Department authorized by the Chief of Police may remove a vehicle, trailer, or camper from a street under the circumstances noted in the Vehicle Code of the State and under the following circumstances: (a) When a vehicle is parked or left standing upon a street for seventy -two (72) or more consecu- tive hours; (b) When a vehicle is parked or left standing upon a street in such a position as to obstruct the normal movement of traffic or in such a condi- tion as to create a hazard to other traffic upon the street; -11- (c) When any vehicle is illegally parked so as to block the entrance to a driveway; (d) When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant; and (e) When any vehicle is illegally parked in any parking restricted zone designated by the City Engineer to be a tow away zone; provided, however, such zone shall be designated by signs. "Section 12.01.460. Trains blocking crossings. No person shall operate any train or train of cars or cause or permit the same to remain stand- ing so as to block the movement of traffic upon any public street or highway within the City for a period of time longer than five (5) minutes. "Section 12.01.470. Commercial vehicles in residential areas. It shall be unlawful to park a commercial vehicle of over 5,000 pounds gross weight on any street or highway in any residential area for more than five (5) hours or for more than the time reasonably necessary to carry out such work or service requiring the presence of the commercial vehicle in the residential area, whichever is longer. "Section 12.01.480. Commercial vending vehicles near schools. (a) Prohibited during certain hours. No person operating or controlling a vehicle designed for, or intended to be a vehicle for, the selling of any merchandise consisting of food or other commodity may stop or park within 500 feet of the property line of any public school between the hours of 7:00 a.m, and 4:00 p.m. on the days the public school is in session; provided, however, the principal of any school, or any person authorized by him, may permit a person so prohibited from engaging in such business by specifically waiving the provisions of this section provided such principal or authorized person finds that no hazard to persons or property or interference with traffic will result. -12- (b) Residential areas near schools. The provisions of this section shall not prevent com- mercial vehicles from otherwise lawfully selling or parking or delivering to residences within a residential area adjacent to schools as long as the school children are not affected thereby. (c) Noise - making devices. During school hours no noise - making device on a commercial vending vehicle shall be utilized within 500 feet of the property line of a public school. "Section 12.01.490. Time limited parking zones. It shall be unlawful for the operator of any vehicle to park or stop such vehicle in any time limited parking zone designated by the City Engineer in excess of the indicated time limit; provided, however, such time limited zone shall be designated by green painted curb markings or signs. "Section 12.01.500. Disabled persons parking zones. It shall be unlawful for the operator of any vehicle, other than a vehicle bearing a distin- guishing license plate as defined by Section 22511.5 of the Vehicle Code of the State, to park or stop such vehicle in a disabled persons parking zone designated by the City Engineer; provided, however, such disabled persons parking zone shall be designated by blue curb markings and signs. "Section 12.01.510. Authority to place signs. Whenever this Code designates and describes any street, or portion thereof, as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limits of three (3) tons, the City Engineer is hereby authorized to designate such street, or portion thereof, by appropriate signs as truck traffic routes for the movement of vehicles exceeding a maximum gross weight limit of three (3) tons. "Section 12.01.520. Obedience. When any such traffic routes are established and designated by appropriate signs, no person shall drive or park any vehicle exceeding a maxi- mum gross weight limit of three (3) tons on any street, or portion thereof, except those streets -13- so designated as truck traffic routes; provided, however, the provisions of this article shall not prohibit the uses set forth in Sections 35703 and 35704 of Article 4 of Chapter 5 of Division 15 of the Vehicle Code of the State. The provi- sions of this article shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission of the State. "Section 12.01.530. Repairing vehicles on highways. Except as otherwise provided in this section, it shall be unlawful for any person to repair or modify any vehicle or install any part of accessory on any vehicle while such vehicle is on any public highway, street, or alley. The provisions of this section shall not prohibit emergency repairs to any vehicle located on any public highway, street, or alley whenever the mechanical condition of such vehicle is such that it cannot be moved from the public highway, street, or alley without such emergency repairs. "Section 12.01.540. Use of vehicles regulated. It shall be unlawful for any person to operate a vehicle upon any land in the City, except upon a City, County, or State highway; a specif- ically designated parking area; a well- defined private roadway or driveway; or on private prop- erty where express permission from a person in lawful possession has been obtained. "Section 12.01.550. Exemptions for official vehicles. This article shall not apply to publicly -owned or operated vehicles while engaged in official business nor to vehicles engaged in an emergency where the preservation or protection of life or property is involved. "Section 12.01.560. Exceptions for designated areas. (a) This article shall not apply to trails or areas which may be designated as open to use by vehicles by resolution of the Council. (b) Whenever a trail or area is designated by resolution of the Council as open to the use of vehicles, the trail shall be so posted. No person operating a vehicle upon a trail or area open to the use of vehicles shall cause the vehicle to proceed cross country, use short cuts on switchbacks or other turns of any trail, or depart in any other way from the traveled portion of any trail or area. "Section 12.01.570. Operation of vehicles propelled by internal combustion engines, required equipment for such vehicles, and emission of noise within 300 feet of residential areas prohibited. (a) No person shall operate any vehicle pro- pelled by an internal combustion engine on private property within the City without a United States Forestry Service or State approved spark arrestor or a noise - muffling device approved by the State. (b) No person shall operate any vehicle pro- pelled by an internal combustion engine on private property within 300 feet of the exterior boundaries of any residential property, except where reasonably necessary upon his own property or property of others over which a lawful easement right is owned for purposes of ingress or egress. (c) No person shall operate within the City any vehicle propelled by an internal combustion engine beyond 300 feet of the exterior boundary of any residential property (whether on his own property or that of others) with equipment on such vehicle (or in such a manner) that the volume of the exhaust, sound, or motor noise is audible to the extent that such noise volume is so loud, raucous, or jarring as to be disturbing or a nuisance to the peace or quiet of any adjacent neighborhood or a person residing in an adjacent neighborhood or conducting a lawful business therein. There shall be a rebuttable presumption of compliance with the equipment requirements of this subsection if the vehicle is determined to be in compliance with the provisions of subsection (a) of this section. "Section 12.01.580. Vehicle defined. For the purposes of this article, "vehicle" shall mean any device so defined by the Vehicle Code of the State. "Section 12.01.590. Violation: Penalties. Any person violating any provision of this article shall be guilty of a violation of this Code pursuant to Section 1 -2.01 of Chapter 2 of Title 1 of this Code." SECTION 2: The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification together with proof of posting, to be entered in the book of ordinances of this City. APPROVED AND ADOPTED this 20 day of June 1984. May f th of Moorpark, Calif nia ATTEST: STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, of the City of Moorpark, foregoing Ordinance No. the City of Moorpark, at 20 day of June by the following vote, t Doris D. Bank-us , City Clerk Calfiornia, do hereby certify that the 20 was adopted by the City Council of a regular meeting thereof, held on the , 1984, and that the same was adopted Z) wit: AYES: Councilmembers Harper, Straughan, Prieto, and Mayor Yancy- Sutton; NOES: None; ABSENT: None; ABSTAIN: Councilmember Beaulieu. WITNESS my hand and the official seal of said City this 20 day of June , 1984. (SEAL)