Chapter 10.05 TRAFFIC REGULATIONS

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

“Official time standard” means that whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.

“Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

“Pedestrians” means any persons afoot.

“Police officer” means every officer of the police department of this city or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations, including but not limited to any officers of the sheriff’s department of the county when duly authorized by the city.

“Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes.

“Stop” means complete cessation of movement.

“Stop or stand” means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (Ord. 58 §§ 3-2100 – 3-2109; Ord. 1072 § 1, 11-4-75; Ord. 1196 § 1, 9-6-77. 1990 Code § 3-2100.)

10.05.020 Definitions of California Vehicle Code govern where no definition set forth herein.

Whenever any words or phrases used in this chapter are not defined herein, but are now defined in the California Vehicle Code, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. (Ord. 58 § 3-2100. 1990 Code § 3-2101.)

10.05.030 Approval of chapter by state.

Any provision of this chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the department of public works is required by law shall cease to be operated six months after receipt by the city council of written notice of withdrawal of approval of the department of public works. Immediately upon the effective date of such revocation, the city clerk shall enter upon the original copy of this code a notification of such withdrawal. (Ord. 65 § 1. 1990 Code § 3-2102.)

10.05.040 Approval of resolutions of council and actions of officers by state.

Whenever this chapter delegates authority to a city officer, or authorizes action by the city council to regulate traffic upon a state highway in any way which by 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 Cal. Veh. Code Divisions 9 and 11. (Ord. 65 § 1. 1990 Code § 3-2103.)

Article II. Enforcement and Obedience to Traffic Regulations

10.05.050 Authority of police and fire department officials.

It shall be the duty of the officers of the police department or such officers as assigned by the chief of police or city manager to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.

Officers of the police department or such officers as are assigned by the chief of police or city manager are hereby authorized to direct all traffic by voice, hand, or other 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.

Officers of the fire department, when at the scene of a fire or when in the course of their duties they are protecting the personnel or equipment of the fire department, may direct or assist the police in directing traffic. (Ord. 58 § 3-2200. 1990 Code § 3-2200.)

10.05.060 Obedience to police and fire department officials.

No person shall willfully fail or refuse to comply with any lawful order of a police officer or fire department official when directing traffic. (Ord. 58 § 3-2202. 1990 Code § 3-2201.)

10.05.070 Traffic regulations apply to persons riding bicycles or animals.

Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions which by their very nature can have no application. (Ord. 58 § 3-2203. 1990 Code § 3-2202.)

10.05.080 Persons other than officials shall not direct traffic.

No person other than an officer of the police department or a person deputized by the chief of police or city manager or 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 herein provided any mechanical push button signal erected by order of the city manager. (Ord. 58 § 3-2204. 1990 Code § 3-2203.)

10.05.090 Public employees to obey traffic regulations.

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it shall be unlawful for any driver to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the California Vehicle Code. (Ord. 58 § 3-2205. 1990 Code § 3-2204.)

10.05.100 Exemptions to certain vehicles.

(a) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to any vehicle of 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 in the California Vehicle Code in response to an emergency call.

(b) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his/her willful disregard for the safety of others.

(c) The provisions of this chapter 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 by the United States while in use for the collection, transportation or delivery of United States mail. (Ord. 58 § 3-2206; amended during 2012 reformat. 1990 Code § 3-2205.)

10.05.110 Report of damage to certain property.

(a) The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic-control device or other property of a like nature located in or along any street, shall within 24 hours after such accident make a written report of such accident to the police department of this city.

(b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident.

(c) A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time such driver is physically incapable of making a report, but in such event the driver shall make a report as required in subsection (a) of this section within 24 hours after regaining ability to make such report. (Ord. 58 § 3-2207. 1990 Code § 3-2206.)

10.05.120 When vehicles may be removed from streets.

Any regularly employed and salaried officer of the police department of this city may remove or cause to be removed:

(a) Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours.

(b) 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 24 hours prior to the removal.

(c) Any vehicle which is parked or left standing upon city property in violation of signs, markings or devices erected pursuant to Section 10.05.600 where such vehicle blocks or otherwise interferes with the proper use of such city property, including but not limited to the vehicular lanes or parking space reserved for emergency or other special use upon off-street parking facilities; in any case, any such vehicle that has been parked or left standing upon city property for 72 or more consecutive hours.

(d) Any vehicle which is parked or left standing upon real property which has been determined by the city council, pursuant to Cal. Veh. Code § 21107.5, 21107.6 or 21107.7, to be subject to the application of the California Vehicle Code or particular provisions thereof, in violation of signs, markings or devices erected as required by law to give notice that such parking is prohibited. (Ord. 648 § 1; Ord. 709 § 2; Ord. 1156 § 1, 3-15-77. 1990 Code § 3-2207.)

10.05.130 Double fines in school zones.

(a) The city of Fremont adopts Cal. Veh. Code § 42011 as provided in Cal. Veh. Code § 42011(c)(1).

(b) The fine for violation of any offense specified in Cal. Veh. Code § 42011(b) shall be doubled as specified in Cal. Veh. Code §§ 42011(a) and (c)(2). The enhanced portion of the fine shall be used by the city as specified in Cal. Educ. Code § 45452 and Cal. Penal Code § 1463.21.

(c) Cal. Veh. Code § 42011(e) provides that Cal. Veh. Code § 42011 will remain in effect only until July 1, 2007, and as of that date is repealed, unless extended by legislation before January 1, 2007. This section of the Fremont Municipal Code will remain in effect only until such time as Cal. Veh. Code § 42011 is repealed and of that date is repealed. (Ord. 2500 § 2, 7-1-03. 1990 Code § 3-2210.)

Article III. Traffic-Control Devices

10.05.140 Authority to install traffic-control devices.

(a) The city manager shall have the power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required under this chapter to make effective the provisions of this chapter.

(b) Whenever the California Vehicle Code 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 city manager is hereby authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.

(c) The city manager may also place and maintain or cause to be placed and maintained such additional traffic-control devices as he/she may deem necessary to regulate traffic or to guide or warn traffic, but he/she shall make such determination only upon the basis of traffic engineering principles and traffic investigation and in accordance with such standards, limitations and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the city council. (Ord. 58 § 3-2300; amended during 2012 reformat. 1990 Code § 3-2300.)

10.05.150 When traffic-control devices required for enforcement purposes.

No provision of the California Vehicle Code or of this chapter 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. (Ord. 58 § 3-2301. 1990 Code § 3-2301.)

10.05.160 Obedience to traffic-control devices.

The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with this chapter unless otherwise directed by a police officer subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls. (Ord. 58 § 3-2302. 1990 Code § 3-2302.)

10.05.170 Installation of traffic signals.

(a) The city manager is hereby 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 life or property from exceptional hazard.

(b) The city manager 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/her determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Planning Manual of Instructions, Part 8, “Traffic,” issued by the Division of Highways of the State Department of Public Works.

(c) Whenever the city manager installs and maintains an official traffic signal at any intersection, he/she 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 such intersection.

(d) No official traffic-control signals shall be installed until consent is obtained by resolution from the city council. (Ord. 58 § 3-2303; amended during 2012 reformat. 1990 Code § 3-2303.)

10.05.180 Installation of yield right-of-way signs.

The city manager is hereby authorized, subject to any limitations or restrictions set forth in the law applicable thereto, to install or cause to be installed a yield right-of-way sign at or near any intersection of a traffic lane which separates from the main-traveled lane or lanes in order to facilitate right turns into an intersecting thoroughfare and which right turn lane intersects with the thoroughfare at other than a right angle; provided, that this authorization does not apply with respect to any such right turn lane which enters the intersecting thoroughfare into a lane on such thoroughfare which, at the point of intersection, is not available to other traffic on that thoroughfare which has not entered from the right turn lane as aforesaid. (Ord. 614 § 1. 1990 Code § 3-2303.5.)

10.05.190 Lane markings.

The city manager is hereby 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. (Ord. 58 § 3-2304. 1990 Code § 3-2304.)

10.05.200 Distinctive roadway markings.

The city manager is authorized to place and maintain distinctive roadway markings as described in the California Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and marking. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the California Vehicle Code. (Ord. 58 § 3-2305. 1990 Code § 3-2305.)

10.05.210 Authority to remove, relocate, or discontinue traffic-control devices.

The city manager is hereby authorized to remove, relocate, or discontinue the operation of any traffic-control device not specifically required by state law or this chapter whenever the city manager determines in any particular case that the conditions which warranted or required the installation no longer exist. (Ord. 58 § 3-2306; Ord. 2103 § 1, 2-14-95. 1990 Code § 3-2306.)

10.05.220 Hours of operation of traffic-control devices.

The city manager 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 chapter. (Ord. 58 § 3-2307. 1990 Code § 3-2307.)

Article IV. Turning Movements

10.05.230 Authority to place and obedience to turning markers.

(a) The city manager 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 city manager is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right 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) The city manager is authorized to place distinctive pavement markings on any street to indicate a two-way left-turn lane on such street in order to provide a lane near the center of the street to be set aside for use by vehicles making left turns in both directions from or into the street, said distinctive pavement markings to consist of parallel dashed double yellow lines on each side of any such lane to be so designated as a two-way left-turn lane and which conform to standards and specifications governing length, width and positioning of such markings as prescribed by law.

(c) When authorized markers, buttons, or other indications are placed within an intersection or street indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (Ord. 58 § 3-2400; Ord. 630 § 1. 1990 Code § 3-2400.)

10.05.240 Authority to place restricted turn signs.

The city manager is hereby 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. (Ord. 58 § 3-2401. 1990 Code § 3-2401.)

10.05.250 Obedience to no-turn signs.

Whenever authorized signs are erected indicating that no right, left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Ord. 58 § 3-2402. 1990 Code § 3-2402.)

10.05.260 Signal controlled intersections – Right turns.

(a) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is signposted giving notice of such restriction as hereinafter provided in this section.

(b) The city manager shall cause to be posted appropriate signs giving effect to this section at any intersection where he/she determines that the making of right turns against a traffic “stop” indication would seriously interfere with the safe and orderly flow of traffic. (Ord. 58 § 3-2403; amended during 2012 reformat. 1990 Code § 3-2403.)

Article V. One-Way Streets and Alleys

10.05.270 City manager to sign one-way streets and alleys.

Whenever any ordinance or resolution of this city designates any one-way streets or alleys, the city manager shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Ord. 58 § 3-2500. 1990 Code § 3-2500.)

Article VI. Special Stops Required

10.05.280 City manager to erect stop signs.

Whenever any ordinance or resolution of this 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 city manager shall erect and maintain stop signs as follows:

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. Every such sign shall conform with and shall be placed as provided in Cal. Veh. Code § 471. (Ord. 58 § 3-2600. 1990 Code § 3-2600.)

10.05.290 Stop and through streets.

(a) Those streets and parts of streets described as such by resolution of the city council are hereby declared to be through streets for purposes of this article.

(b) The provisions of this article shall apply to one or more entrances to the intersection of such entrances and intersections described by appropriate resolution of the city council.

(c) The provisions of this article shall apply at those highway railway grade crossings as described by appropriate resolution of the city council. (Ord. 58 § 3-2601. 1990 Code § 3-2601.)

10.05.300 Emerging from alley, driveway, or building.

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. (Ord. 58 § 3-2602. 1990 Code § 3-2602.)

Article VII. Miscellaneous Driving Rules

10.05.310 Driving through funeral processions.

No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. (Ord. 58 § 3-2700. 1990 Code § 3-2700.)

10.05.320 Clinging to moving vehicles.

Any person riding upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicles shall not attach the same or himself to any moving vehicle upon any roadway. (Ord. 58 § 3-2701. 1990 Code § 3-2701.)

10.05.330 Vehicles shall not be driven on the sidewalk.

The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway. (Ord. 58 § 3-2702. 1990 Code § 3-2702.)

10.05.340 New pavement.

No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed. (Ord. 58 § 3-2703. 1990 Code § 3-2703.)

10.05.350 Restricted access.

No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. (Ord. 58 § 3-2704. 1990 Code § 3-2704.)

10.05.360 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. (Ord. 58 § 3-2705. 1990 Code § 3-2705.)

10.05.370 Truck routes.

In addition to state highways within the city, the city of Fremont general plan identifies the streets, or portions thereof, located within the city that are designated as “truck routes” for the movement of vehicles exceeding a maximum weight limit of 10,000 pounds and the city manager is hereby authorized to designate such streets as “truck routes” by appropriate signs. (Ord. 70 § 1; Ord. 585 § 1; Ord. 85-1 § 1, 7-20-71; Ord. 928 § 1, 11-7-72; Ord. 1012 § 1, 10-15-74; Ord. 1085 § 1, 1-20-76; Ord. 1093 § 1, 3-16-76; Ord. 1505 § 1, 6-22-82; Ord. 1633 § 1, 10-9-84; Ord. 1768 § 1, 4-7-87; Ord. 1818 § 1, 4-26-88; Ord. 2375 § 1, 1-25-00; Ord. 14-2017 § 1, 10-17-17. 1990 Code § 3-2706.)

10.05.380 Restriction of heavy trucks to “truck traffic routes.”

When appropriate signs are in place, designating the “truck routes” set forth in the city of Fremont general plan, the operator of any vehicle exceeding a maximum gross limit of 10,000 pounds shall drive on such routes and none other, except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of 10,000 pounds coming from a “truck route” having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or delivery of goods, wares and merchandise, from or to any building or structure located on such restricted streets, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor, or for parking such vehicle in a location for which a parking permit has been issued pursuant to Section 10.05.400. (Ord. 70 § 1; Ord. 1085 § 2, 1-20-76; Ord. 14-2017 § 2, 10-17-17. 1990 Code § 3-2707.)

10.05.390 Inapplicability of truck routes to public utilities, railroad corporations, school buses and pickup trucks.

The provisions of Sections 10.05.370 and 10.05.380 shall not apply to:

(a) Passenger buses under the jurisdiction of the public utilities commission.

(b) Any vehicle owned by a public utility which necessarily is in use in the construction, installation, or repair of any public utility.

(c) Any vehicle owned by a railroad corporation (as defined in Cal. Pub. Util. Code § 230) which necessarily is in use in the construction, installation, or repair of any railroad facility.

(d) School buses while carrying students to and from school.

(e) Pickup trucks. For the purposes of this section a “pickup truck” means a four-wheeled commercial motor vehicle commonly known as a “pickup truck,” equipped with a permanently affixed open-box body and with a manufacturer’s rated load capacity not exceeding one ton in weight.

(f) Transfer, operator and contractor trucks, including trucks hauling recyclables, leaving and returning from the transfer station/materials recovery facility at Boyce Road. (Ord. 70 § 1; Ord. 627 § 6; Ord. 27-2004 § 1, 9-14-04; Ord. 08-2018 § 1, 4-3-18. 1990 Code § 3-2708.)

10.05.400 Truck parking permits.

The city manager may issue permits to vehicles subject to provisions of Sections 10.05.370 and 10.05.380 to park such vehicles in locations off “truck routes” as specified in the permit, if he/she determines that the issuance of such a permit will not result in damage to any city street and will not permit the violation of any city ordinance or state law. The permit shall be issued for a specified vehicle and for a specified parking area, and shall be carried on the vehicle at all times. (Ord. 70 § 1; amended during 2012 reformat. 1990 Code § 3-2709.)

10.05.410 Advertising matter upon vehicles.

No person shall drive, operate, move in and along, or park on, any street, any truck, trailer, carriage, wagon, sled, or set of sleds, or other vehicle on which has been attached or maintained any sign displaying any commercial or noncommercial advertising matter, except for the following: (a) the driving, operation, and movement of vehicles displaying political campaign advertisements for candidates for public office and ballot measures; (b) the incidental or accessory identification of a business enterprise upon a vehicle used primarily for the purpose of and in the usual business of the owner of transporting or servicing goods or persons for commercial or other business purposes; provided, that the identification is painted on or otherwise affixed so as to not project from the usual profile of the vehicle; or (c) a single isolated movement of a sign or sign equipment or materials from one place to another within the city. The parking of any such vehicle on any street, or the movement of any such vehicle in and along any street, for the sole or primary purpose of displaying advertising matter is declared to be a nuisance and a hazard to the public health and safety. (Ord. 799 § 1, 10-6-70. 1990 Code § 3-2710.)

Article VIII. Horse Traffic

10.05.420 Definitions.

(a) “Horse” includes mule, burro, pony, jack, hinny or jenny.

(b) “Infraction,” for the purposes of this article, means a public offense that does not constitute either a felony or misdemeanor.

(c) “Major thoroughfare” means a vehicular route so designed on the general plan or any other vehicular route so designated by the city council, on recommendation of the planning commission.

(d) “Overpass,” for the purposes of this article, means the structure or paved portion of a vehicular crossing.

(e) “Public road or street” means the full width of the right-of-way of any road or street used by the general public as a vehicular route.

(f) “Riding equipment” means a saddle with stirrups, bridle and bit or hackamore. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2725.)

10.05.430 Crossing major thoroughfare.

No horse shall be ridden across a major thoroughfare nor shall any person cause a horse to cross a major thoroughfare, unless such horse is led across at an equestrian marked crossing, a pedestrian crosswalk or at another place where a pedestrian may lawfully cross. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2726.)

10.05.440 Crossing overpass.

No horse shall be ridden while crossing an overpass. The rider shall dismount and lead the horse across on the right hand side of the public road or street. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2727.)

10.05.450 Reflective material.

No horse shall be ridden after sundown on a public road or street unless such horse or rider displays reflective material visible for at least 300 feet to the rear of the horse or rider. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2728.)

10.05.460 Riding equipment.

No horse shall be ridden on a public road or street without riding equipment. In no case shall a horse be ridden thereon with only a halter. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2729.)

10.05.470 Horse traffic to right of road.

A horse shall be ridden as far to the right of a public road or street as is feasible under the prevailing conditions of the public road or street and weather. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2730.)

10.05.480 Gait of horses.

A horse shall proceed at a walking gait when ridden upon a paved or hard surfaced public road or street. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2731.)

10.05.490 Attendance of horses on public property.

A horse shall be kept under the effective control of the person in charge thereof, at all times on public roads or streets, and all other public places. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2732.)

10.05.500 Penalty for violation of article.

Violation of any provisions of this article shall constitute an infraction. Each such infraction shall be punishable by a fine of $25.00. Three violations occurring within a 12-month period shall cause the suspension of riding privileges within the city of Fremont for a period of one year. Any violation occurring during a period of suspension shall constitute a misdemeanor and/or a public nuisance and shall be subject to criminal prosecution and/or summary civil abatement.

In the event that the person who has committed the infraction is under 18 years of age, such person shall receive a notice to appear before a juvenile traffic hearing officer in connection with said infraction. (Ord. 814 § 1, 1-26-71. 1990 Code § 3-2733.)

Article IX. Pedestrians

10.05.510 City manager to establish crosswalks.

(a) The city manager shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines on the surface of the roadway as follows: Crosswalks shall be established and main-

tained at all intersections where the city manager determines that there is particular hazard to pedestrians crossing the roadway subject to the limitations contained in subsection (b) of this section.

(b) Other than crosswalks at intersections, no crosswalks shall be established in any block which is less than 400 feet in length.

(c) The city manager may place signs at or adjacent to an intersection or at other appropriate locations directing that pedestrians shall not cross. It is unlawful for any pedestrian to cross at the location(s) prohibited by a sign. (Ord. 58 § 3-2800; Ord. 2035 § 1, 6-6-93. 1990 Code § 3-2800.)

10.05.520 Crossing at right angles.

No pedestrian shall cross a roadway at any place other than by route at right angles to the roadway or by the shortest route to the opposite roadway. (Ord. 58 § 3-2802; amended during 2012 reformat. 1990 Code § 3-2802.)

10.05.530 Standing in roadways.

No person shall stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This section shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in the line of duty. (Ord. 58 § 3-2803. 1990 Code § 3-2803.)

Article X. Stopping, Standing and Parking

10.05.540 Application of regulations.

(a) The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, 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 chapter 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 California Vehicle Code or the ordinances of this city, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 58 § 3-2900. 1990 Code § 3-2900.)

10.05.550 Use of streets for storage of vehicles prohibited.

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours. (Ord. 58 § 3-2901; Ord. 429 § 1; Ord. 648 § 2. 1990 Code § 3-2901.)

10.05.560 Parking for certain purposes prohibited.

No person shall park a vehicle upon any right-of-way for the principal purpose of:

(a) Displaying such vehicle for sale.

(b) Greasing or repairing such vehicle except for repairs necessitated by an emergency. (Ord. 1196 § 2, 9-6-77. 1990 Code § 3-2902.)

10.05.570 Parking parallel with curb.

(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 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 roadway unless signs are in place permitting such standing or parking.

(c) The city manager 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 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 that 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. (Ord. 58 § 3-2903. 1990 Code § 3-2903.)

10.05.580 Signs or markings indicating angle parking.

(a) Whenever this code designates and describes any street or portion thereof upon which angle parking shall be permitted, the city manager shall mark or sign such street indicating the angle at which vehicles shall be parked.

(b) When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The front wheel of the parked vehicle nearest the curb or edge of roadway must be within six inches of said curb or edge of roadway.

(c) The city manager or designee shall maintain a list of locations where angle parking is allowed. (Ord. 58 § 3-2904; Ord. 1554 § 1, 5-3-83; Ord. 2268 § 1, 11-18-97; Ord. 2-2011 § 1, 5-10-11; Ord. 05-2021 § 1, 4-20-21. 1990 Code § 3-2904.)

10.05.590 Parking adjacent to schools.

(a) The city manager is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his/her 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. (Ord. 58 § 3-2905; amended during 2012 reformat. 1990 Code § 3-2905.)

10.05.600 Public parking facilities and parking on city property.

(a) The city manager is hereby authorized to establish regulations as needed or desired to restrict parking within any city owned parking facility or lot or other city property. Regulations may include hours of operation, time limits and other restrictions as needed. Parking regulations shall be in writing and filed with the city clerk. Such regulations shall not apply until signs giving notice thereof have been erected.

(b) The city council may, by resolution, establish any public parking facility, or portion thereof, as a paid public parking facility and may establish the fees for the use of the public parking facility.

(c) All regulations and fees applicable to a public parking facility shall be prominently posted at every entrance to such facility.

(d) When official signs, markings or devices are erected indicating the regulations and fees applicable to any city property, no person shall park, stop or stand a vehicle in violation of the posted restrictions. No person shall stop, park or leave standing any vehicle in any public parking facility when the required fees for parking such vehicle have not been paid. When signs have been posted pursuant to Cal. Veh. Code § 22651(n) at every entrance to a public parking facility, the chief of police or his designee may cause the removal of any vehicle in violation of the regulations applicable to that facility.

(e) In any public parking facility, it is unlawful for any person to operate any vehicle in excess of any posted speed limit, contrary to the signed traffic flow pattern, or in violation of any provision of Division 11, Rules of the Road, of the California Vehicle Code. (Ord. 709 § 1; amended during 2012 reformat; Ord. 10-2018 § 1, 4-3-18. 1990 Code § 3-2905.5.)

10.05.610 Parking prohibited on narrow streets.

(a) The city manager is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet.

(b) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking. (Ord. 58 § 3-2906. 1990 Code § 3-2906.)

10.05.620 Parking on hills.

No person shall park or leave standing any vehicle unattended on a highway upon any grade exceeding three percent within any business or residence district without blocking the wheels of such vehicles by turning them against the curb or by other means. (Ord. 58 § 3-2907. 1990 Code § 3-2907.)

10.05.630 Stopping or parking prohibited – Signs required.

(a) The city manager 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 such places:

(1) At any place within 20 feet of a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop.

(2) Within 20 feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device.

(3) At any place where the city manager determines that it is necessary in order to eliminate dangerous traffic hazards.

(b) The city manager shall appropriately sign or mark any locations in the city within 50 feet from an intersecting street right-of-way extension when the city manager determines it necessary to prohibit parking of vehicles with an overall height of eight feet or greater as measured from the ground, excluding incidental equipment such as roof racks; and, when so signed or marked, no person shall stand, stop or park such a vehicle in any such place. (Ord. 58 § 3-2908; Ord. 207 § 1, 5-3-94. 1990 Code § 3-2908.)

10.05.640 Unlawful standing or parking by peddlers in streets.

(a) No person shall stand or park any motor vehicle from which goods, wares, food or other merchandise are sold, displayed, solicited or offered for sale or bartered or exchanged, on any portion of any street or right-of-way within the city, except at the request of a bona fide purchaser the peddler may stand or park the motor vehicle for a period of time not to exceed 10 minutes at any one place. Following each 10-minute stop, a peddler must move 500 feet from any prior place at which the motor vehicle was parked or standing within the preceding two hours.

(b) No person shall stand or park a nonmotor vehicle or device (including a wagon or pushcart) to sell goods, wares, food or other merchandise on any portion of any street or right-of-way. (Ord. 58 § 3-2909; Ord. 1647 § 1, 1-22-85; Ord. 1783 § 1, 6-23-87. 1990 Code § 3-2909.)

10.05.650 Emergency parking.

(a) Whenever the city manager shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the city manager shall have 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 city manager shall direct during the existence of such emergency and the city manager 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.

(c) Whenever the city manager shall determine that an emergency parking need is likely to result from the holding of public or private assemblages, gatherings, or other functions, or for other reasons, the city manager shall have power and authority to order the temporary covering of parking restriction signs. Such covering shall remain in place only during the existence of such emergency, and the city manager shall cause such covering to be removed promptly thereafter. (Ord. 58 § 3-2910; Ord. 985 § 1, 3-26-74; Ord. 2103 § 2, 2-14-95. 1990 Code § 3-2910.)

10.05.660 Parking on streets to be worked on or used for moving large equipment or structures.

No operator of any vehicle shall stop, stand, park or leave standing such vehicle on any 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 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 of such no parking are erected or placed at least 24 hours prior to the effective time of such no parking. (Ord. 648 § 3. 1990 Code § 3-2910.5.)

10.05.670 Display of warning devices when commercial vehicle disabled.

Every motor truck having an unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during the time specified in Cal. Veh. Code § 618, shall be equipped with and carry at least two flares or two red lanterns, or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during any time mentioned in Cal. Veh. Code § 618, a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved type class A Type I turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned above can be placed in the required locations. The warning signals herein mentioned shall be displayed continuously during the times mentioned in Cal. Veh. Code § 618 while such vehicle remains disabled upon such street or highway. (Ord. 58 § 3-2911. 1990 Code § 3-2911.)

10.05.680 Authority to establish loading zones.

(a) The city manager is hereby 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 purpose.

(c) Loading zones shall be indicated by a yellow paint line upon the top of all curbs within such zones, or by appropriate signs.

(d) Passenger loading zones shall be indicated by a painted white line upon the top of all curbs in such zones, or by appropriate signs. (Ord. 58 § 3-2912. 1990 Code § 3-2912.)

10.05.690 Curb markings to indicate no stopping and parking regulations.

(a) The city manager is hereby authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and such curb markings shall have the meanings as herein set forth:

(1) “Red” means no stopping, standing, or parking at any time except as permitted by the California 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 7:00 a.m. and 6:00 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 20 minutes.

(3) “White” means no stopping, standing, or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not exceed three minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, and except as follows:

(A) When such zone is in front of a hotel or church, or in front of a mailbox, 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 20 minutes at any time between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays.

(5) “Blue” means no stopping, standing or parking by vehicles other than those of physically handicapped persons displaying a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to the California Vehicle Code.

(b) When the city manager as authorized under this chapter 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. (Ord. 58 § 3-2913; Ord. 187 § 1; Ord. 1456 § 1, 8-4-81. 1990 Code § 3-2913.)

10.05.700 Effect of permission to load or unload.

(a) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall only apply to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than 20 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 herein granted 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 above specified 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 hereby granted. (Ord. 58 § 3-2913. 1990 Code § 3-2914.)

10.05.710 Standing 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 10.05.690. (Ord. 58 § 3-2914. 1990 Code § 3-2915.)

10.05.720 Standing in passenger loading area.

No person shall stop, stand, or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 10.05.690. (Ord. 58 § 3-2915. 1990 Code § 3-2916.)

10.05.730 Standing in any alley.

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. (Ord. 58 § 3-2916. 1990 Code § 3-2917.)

10.05.740 Parking on private property – When prohibited.

No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property. (Ord. 58 § 3-2917. 1990 Code § 3-2918.)

10.05.750 Parking on property subject to California Vehicle Code regulations.

No person shall stop, stand or park any vehicle on any real property which has been designated by the city council pursuant to Cal. Veh. Code § 21107.5, 21107.6, 21107.7 or 21107.8 as being subject to the provisions of the California Vehicle Code or particular provisions thereof, in violation of any sign, marking or device erected as required by law to give notice that such parking is prohibited. (Ord. 1156 § 2, 3-15-77; Ord. 1456 § 2, 8-4-81. 1990 Code § 3-2918.5.)

10.05.760 Funeral zones.

It shall be unlawful for the operator of any vehicle to stop, stand or park a vehicle for any period of time longer than is necessary for the loading or unloading of passengers and not to exceed three minutes at any place between the limit markers or signs placed within the projected real property boundaries of any undertaking establishment, private residence, or any public or private place at any time during or within 40 minutes prior to the beginning of any funeral or funeral service, unless the operator of the vehicle is directed by or has received permission from the director or other person in charge of such funeral or funeral service to park such vehicle in such place; provided, that such director or person in charge shall have placed and maintained prior to and during the time limit herein specified two approved portable signs, one at each extremity of such place, upon the sidewalk or pavement area and within two feet of the curb. (Ord. 58 § 3-2918. 1990 Code § 3-2919.)

10.05.770 Parking time limited or prohibited on certain enumerated streets.

(a) The city manager is hereby authorized to establish time limited or prohibited parking during all or certain hours of the day.

(b) When signs authorized by the city manager are in place giving notice thereof, no person shall stop, stand, park or leave standing any vehicle on any street or portion thereof during the certain hours of the day designated by the signs or for a period of time longer than designated by the signs. (Ord. 58 § 3-2919; Ord. 451 § 1; Ord. 2075 § 1, 5-17-94. 1990 Code § 3-2920.)

10.05.780 Bus zones to be established.

(a) The city manager is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.

(b) The word “bus” as used in this section shall mean any motorbus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.

(c) The city manager is hereby authorized to delineate the limits of the bus zone by directing the installation of “No Stopping Any Time” signs or red curb markings.

(d) No person shall stop, stand or park any vehicle except a bus in a bus zone when signs or red curb markings authorized by the provisions of this section are in place giving notice thereof. (Ord. 58 § 3-2920; Ord. 2103 § 3, 2-14-95. 1990 Code § 3-2921.)

10.05.790 Taxicab stands.

(a) Taxicab and other public transportation vehicle stands shall be established in accordance with Section 5.80.270.

(b) The curb surface within each taxicab stand shall be painted yellow and marked “TAXICAB STAND” in red lettering, or shall be designated by signs of a type and size approved by the city manager.

(c) It shall be unlawful for the operator of any vehicle, other than a taxicab or automobile for hire, to park such vehicle in such taxicab stand. (Ord. 58 § 3-2921; Ord. 168 § 2. 1990 Code § 3-2922.)

10.05.800 Parking vehicles in excess of 20 feet in length restricted.

(a) The city manager is hereby authorized to restrict the parking of vehicles in excess of 20 feet in length.

(b) When signs authorized by the city manager are in place giving notice thereof, no person shall stop, stand, park or leave standing a vehicle in excess of 20 feet in length on any street or portion thereof. (Ord. 90 § 1; Ord. 2075 § 2, 5-17-94. 1990 Code § 3-2923.)

10.05.810 Parking of heavy trucks off truck routes or in front of residential properties restricted.

(a) When appropriate signs are in place designating “truck traffic routes” pursuant to Section 10.05.370, no person shall park any vehicle exceeding a maximum gross weight of 10,000 pounds at any location on a public street which is not a “truck traffic route” except while loading or unloading property, or when such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked.

(b) When appropriate signs have been placed by the city manager giving notice of such restriction, no person shall park any vehicle exceeding a maximum gross weight of 10,000 pounds on any public city street in front of any apartment building, motel, hotel or any other single or multiple dwelling except while loading or unloading property, or when such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked.

(c) The parking restrictions set forth in subsections (a) and (b) of this section shall not be applicable to the parking of any vehicle for which a permit has been issued pursuant to Section 10.05.400. (Ord. 597 § 1; Ord. 1085 § 2, 1-20-76. 1990 Code § 3-2924.)

10.05.820 Handicapped parking.

It shall be unlawful for any person to stop, stand or park any vehicle upon any parking facility in areas designated by sign markings, as detailed in the California Vehicle Code, for exclusive use of physically handicapped persons unless the vehicle displays either a distinguishing license plate or placard issued by the Department of Motor Vehicles pursuant to the California Vehicle Code. (Ord. 1456 § 3, 8-4-81. 1990 Code § 3-2925.)

Article XI. Permit Parking

10.05.830 Authority and reference to article.

This article authorizes the establishment of a temporary permit parking program for the Mission Peak neighborhood only. This article may be referred to as the “permit parking ordinance,” and is adopted pursuant to the preferential parking provisions of Cal. Veh. Code § 22507. All words, phrases, and terms used in this article shall be interpreted in accordance with the definitions set forth in the California Vehicle Code, unless otherwise specifically defined herein. (Ord. 01-2016 § 1, 1-5-16.)

10.05.840 Definitions.

For purposes of this article, the following definitions shall apply:

“Address” means an identification of any separate unit for residential or commercial use. Each separate dwelling unit within an apartment building, and each separate office within an office building, shall be identified by a separate address.

“Mission Peak neighborhood” means the geographical area (to be more particularly defined in the petition for formation of a permit parking area) in the vicinity of the area between Mission Blvd. to the west, Antelope Dr. to the north, Vineyard Ave. to the east, and Stanford Ave. to the south and the area surrounding Cougar Cir. and Boar Cir. and Lynx Dr.

“Parking permit” means a permit issued in accordance with this article which, when properly displayed on a vehicle, allows the vehicle to be parked on a street within a permit parking area during restricted parking times. There are three types of parking permits identified in this article, including: annual resident parking permits, annual visitor parking permits, and temporary parking permits.

“Permit parking area” means the geographic area formed in accordance with this article within which no motor vehicle may be parked on a street during restricted parking times without a parking permit.

“Police department” means the city of Fremont police department, the chief of police or his or her designee.

“Resident” means any person, 18 years of age or older, whose legal residential or business address is within a permit parking area.

“Restricted parking times” means times within which vehicle parking on a street is prohibited within a permit parking area, unless the vehicle properly displays a valid parking permit.

“Visitor” means a person who is temporarily spending time at an address within a permit parking area. (Ord. 01-2016 § 1, 1-5-16.)

10.05.850 Permit parking regulations.

The police department shall prepare written permit parking regulations which are consistent with, and which implement, the requirements of this permit parking article. The permit parking regulations and any written amendments thereto shall be approved by the police chief. The permit parking regulations and the permit parking article shall be available for review at the police department, and a copy of each shall be provided to each person who submits an application for a parking permit in accordance with this article. (Ord. 01-2016 § 1, 1-5-16.)

10.05.860 Formation of permit parking area.

(a) The form of any petition prepared in accordance with this article shall be subject to the review and approval of the police department prior to obtaining signatures from residents. No permit parking areas shall be formed outside of the Mission Peak neighborhood during the temporary program, as identified in Section 10.05.970.

(b) The chief of police shall submit a request to the city council to consider the formation of a permit parking area at a public hearing, noticed in accordance with Cal. Gov’t Code § 65091; provided, that a petition is submitted to the police department which complies with the requirements set forth in this section.

(1) The petition shall be in substantial conformance with the following:

PETITION TO THE CITY COUNCIL OF THE CITY OF FREMONT FOR THE FORMATION OF A PERMIT PARKING AREA

We, the undersigned, hereby verify we are residents in the Area identified on Exhibits A and B attached to this petition. We hereby request that the City Council of the City of Fremont consider the formation of a permit parking area for the Area, in accordance with the requirements of the Permit Parking Ordinance (Fremont Municipal Code Title 10, Chapter 10.05, Article XI), attached as Exhibit C to this petition.

We understand that, if the proposed permit parking area is approved by the City Council, street signs will be posted in the Area to identify the permit parking restrictions. We further understand that, if we desire to park a vehicle on a street within the permit parking area during restricted parking times of ________________:

(A) We will be required to display a parking permit on each vehicle.

(B) We will be required to pay an annual fee for each parking permit in an amount in effect at the time of payment, in accordance with the City’s Master Fee Schedule. The current fee amount is $_______________ per permit (subject to annual increases by the City).

(2) The petition shall identify the restricted parking times.

(3) The petition shall identify the annual dollar amount per permit in effect on the date the petition is circulated for signature.

(4) The petition shall include a legibly printed or typed name, address, and date of signature for each signatory to the petition. The petition shall be signed only by residents who reside at an address within the permit parking area.

(5) The petition shall include a graphic depiction of the proposed permit parking area, attached as Exhibit A to the petition. Exhibit A shall identify each street within the permit parking area, each address within the permit parking area, and major cross streets.

(6) The petition shall include a text description of the permit parking area, including a list of each separate address within the permit parking area (or assessor’s parcel number if street address is not available), attached as Exhibit B to the petition.

(7) The petition shall include a copy of the permit parking ordinance, attached as Exhibit C to the petition.

(8) The petition shall be signed by residents within the proposed permit parking area representing not less than 60 percent of all addresses within the permit parking area. Any one resident of an address shall be authorized to sign the petition on behalf of the address.

(c) City council shall consider the formation of the permit parking area identified in the petition at a duly noticed public hearing. The city council may, by ordinance or resolution, approve the formation of the permit parking area if the city council finds, in its discretion, that:

(1) The petition meets the requirements identified in this section.

(2) Implementation of the proposed permit parking program would be beneficial to the parking needs of residents within the proposed permit parking area, considering the size of the permit parking area, the restricted parking times, the excessive number of nonresident vehicles parking within the permit parking area, and any other relevant factors.

(3) Implementation of the proposed permit parking program would not be detrimental to the health, safety, or welfare of the residents in, or adjacent to, the proposed permit parking area. If the city council determines that adjacent areas would be adversely impacted if not included in the permit parking area, the city council may add additional residences to the permit parking area. (Ord. 01-2016 § 1, 1-5-16.)

10.05.870 Modification or termination of permit parking area.

(a) After a permit parking area is formed, the permit parking area may be modified or terminated by one of the following procedures:

(1) Complying with all requirements of Section 10.05.860; provided, that the petition also clearly identifies all proposed changes to the permit parking program.

(2) At the discretion of the city council, by ordinance or resolution, with or without a petition, at a public hearing noticed in accordance with Cal. Gov’t Code § 65091; provided, that the city council makes a finding at the public hearing that implementation of the proposed modification to the permit parking program would be in the interest of the health, safety, or general welfare of the residents in, and adjacent to, the permit parking area.

(b) One year after the effective date of the formation of a permit parking area, the permit parking program, other than the temporary parking program for the Mission Peak neighborhood, shall automatically expire, unless the city council approves the continuation of the permit parking program at a public hearing noticed in accordance with Cal. Gov’t Code § 65090. (Ord. 01-2016 § 1, 1-5-16.)

10.05.880 Issuance of resident parking permits.

Any resident within the permit parking area may submit a written application to the police department requesting one resident parking permit per vehicle; provided, the vehicle is registered to the resident within the permit parking area. The police department shall issue the requested permit; provided, that the application complies with the following requirements and the permit parking regulations:

(a) Identify the applicant as a resident at an address within the permit parking area.

(b) Identify the vehicle to which the permit shall apply, including, at a minimum, the vehicle registration and license.

(c) Identify the permitted vehicle as registered to a resident within the permit parking area, at an address within the permit parking area.

(d) Include payment of the annual permit fee, as required by the city’s master fee schedule, for each permanent resident parking permit. (Ord. 01-2016 § 1, 1-5-16.)

10.05.890 Issuance of visitor parking permits.

Any resident within the permit parking area may submit a written application to the police department requesting no more than two visitor parking permits per address within the permit parking area. The police department shall issue the requested permit; provided, the application complies with the following requirements and the permit parking regulations:

(a) Identify the applicant as a resident at an address within the permit parking area.

(b) Identify the number of requested permanent visitor parking permits (not to exceed two permits per address).

(c) Declare that the purpose of each temporary parking permit is to allow the resident, or a visitor who is temporarily spending time at the resident’s address, to park within the permit parking area.

(d) Include payment of the annual permit fee, as required by the city’s master fee schedule, for each permanent visitor parking permit. (Ord. 01-2016 § 1, 1-5-16.)

10.05.900 Issuance of temporary parking permits.

(a) Any resident within the permit parking area may submit an application to the police department requesting one or more temporary parking permits. Each application shall:

(1) Identify the applicant as a resident at an address within the permit parking area.

(2) Identify the number of requested temporary parking permits and the requested length of time for each permit, not to exceed 72 hours.

(3) Identify the vehicle to which the permit shall apply.

(4) Declare that the purpose of each temporary parking permit is to allow the resident, or a visitor who is temporarily spending time at the resident’s address, to park within the permit parking area.

(5) Include payment of the permit fee, as required by the city’s master fee schedule, for each permanent visitor parking permit.

(b) The police department may issue the requested permits on a “first come first served” basis; provided, that the application complies with the requirements of this section and the permit parking regulations, and the police department finds that the issuance of the permit would not be detrimental to the parking needs of the residents within the permit parking area considering the requested number and duration of requested permits, the impact on available parking and traffic circulation within the permit parking area, and any other relevant factors. (Ord. 01-2016 § 1, 1-5-16.)

10.05.910 Parking permit renewals.

Any resident to whom an annual parking permit (including an annual resident parking permit or an annual visitor parking permit) has been issued in accordance with this article may submit a written application for annual renewal, or replacement of a stolen, lost, or damaged permit. The police department shall issue the requested permit renewal or replacement; provided, the application complies with the following requirements and the permit parking regulations:

(a) Identify the current valid annual parking permit for which renewal or replacement is requested.

(b) Update all information required for the original issuance of the parking permit.

(c) Include payment of the annual permit renewal or replacement fee, as required by the city’s master fee schedule, for each parking permit. (Ord. 01-2016 § 1, 1-5-16.)

10.05.920 Displaying parking permits.

(a) All parking permits shall be displayed in a manner by which all markings on the permit are plainly visible from the street, while the vehicle is parked in the permit parking area, in accordance with the requirements of the permit parking regulations.

(b) Annual resident permits shall be permanently affixed to the vehicle for which the permit was issued. (Ord. 01-2016 § 1, 1-5-16.)

10.05.930 Restrictions on the use of parking permits.

(a) No person shall use an annual resident parking permit for any vehicle other than the vehicle for which the permit was issued.

(b) No person shall use an annual visitor parking permit or a temporary parking permit for any vehicle other than one used by the resident or a visitor of the resident.

(c) No person shall sell, transfer, or allow another person to use a parking permit unless authorized pursuant to this article.

(d) No person shall purchase, acquire, obtain, or use a parking permit unless authorized pursuant to this article. (Ord. 01-2016 § 1, 1-5-16.)

10.05.940 Posting signs identifying permit parking area.

For every permit parking area formed in accordance with this article, the city shall cause appropriate signs to be erected to provide reasonable notice to the public regarding the type of permit required for parking in the permit parking area during restricted parking times. The restricted parking times for any permit parking area shall not be effective unless the signs required by this section have been erected. (Ord. 01-2016 § 1, 1-5-16.)

10.05.950 Parking permit required during restricted parking times.

No person shall park a vehicle on a street in any permit parking area formed pursuant to this article during restricted parking times, unless there is a valid parking permit properly displayed on the vehicle. (Ord. 01-2016 § 1, 1-5-16.)

10.05.960 Denial or revocation of parking permits.

(a) The chief of police may deny an application for a parking permit (including any application for a renewal or replacement), or revoke a parking permit issued in accordance with this article, upon a determination that the applicant:

(1) Included incorrect or inadequate information in the parking permit application; or

(2) Violated any requirement of this article or the permit parking regulations.

(b) Any appeal of a denial or revocation of a parking permit shall be made in writing to the chief of police in accordance with the procedures for appeal of an administrative citation as set forth in Section 1.20.060 et seq. (Ord. 01-2016 § 1, 1-5-16.)

10.05.970 Mission Peak neighborhood permit parking area.

This permit parking ordinance shall automatically expire on July 7, 2033. This permit parking ordinance may be extended only by an ordinance of the city council approved at a public hearing noticed in accordance with Cal. Gov’t Code § 65090, at which the city council finds, after reviewing evidence regarding the effectiveness of the Mission Peak neighborhood permit parking program, that an extension of the permit parking ordinance will be in the best interests of the city. (Ord. 01-2016 § 1, 1-5-16; Ord. 07-2020 § 1, 6-2-20; Ord. 05-2023 § 1, 6-6-23 .)

10.05.975 Enforcement.¹

In addition to those authorized to enforce this article pursuant to Section 10.05.050, the chief of police may authorize other public agencies that provide law enforcement services to enforce this article. (Ord. 01-2016 § 1, 1-5-16.)

Article XII. Trains

10.05.980 Railway gates.

No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (Ord. 58 § 3-21000. 1990 Code § 3-21000.)

Article XIII. Special Speed Limits

10.05.990 Change in California Vehicle Code speed limits.

(a) The prima facie speed limit declared for each street designated in Section 10.05.1000 is a speed limit which is either an increase from the prima facie speed limit or a decrease from the maximum speed limit otherwise applicable to such street pursuant to Cal. Veh. Code Division 11, Chapter 7 (commencing at Section 22348 thereof). Said increase or decrease has been determined upon the basis of an engineering and traffic survey. For each street upon which an increase in the prima facie speed limit (otherwise applicable) has been declared, a determination has been made that the increased declared prima facie speed limit is the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. For each street upon which a decrease from the maximum speed limit (otherwise applicable) has been made and a lower speed limit declared as the prima facie speed limit, a determination has been made that the maximum speed limit (otherwise applicable) is more than is reasonable or safe, and that the declared prima facie speed limit is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe.

A copy of the engineering and traffic survey, and the record of the determination made thereon, for each said street, is and shall remain on file with the city clerk.

(b) The prima facie speed limit declared for each street designated in Section 10.05.1000 shall be effective when appropriate signs giving notice thereof are posted upon the street. (Ord. 58 § 3-21100; Ord. 70 § 2; Ord. 280 § 1; Ord. 425 § 1; Ord. 645 § 1; Ord. 790 § 1, 8-25-70; Ord. 1016 § 2, 11-5-74. 1990 Code § 3-21100.)

10.05.1000 Declared prima facie speed limits.

Each street designated in this section is subject to the established speed limits specified herein.

(a) Twenty-five miles per hour:

(1) Beacon Avenue, from Fremont Boulevard to Liberty Street;

(2) Capitol Avenue, from Paseo Padre Parkway to State Street;

(3) Civic Center Drive, from Stevenson Boulevard to Mowry Avenue;

(4) Hansen Avenue, from Yolo Terrace to Dusterberry Way;

(5) Hastings Street, from Capitol Avenue to Country Drive;

(6) High Street, from Grimmer Boulevard to Chapel Way;

(7) Irvington Avenue, from Grimmer Boulevard to Fremont Boulevard;

(8) Liberty Street, from Capitol Avenue to Walnut Avenue;

(9) Niles Boulevard, from Nursery Avenue to Hillview Avenue;

(10) Pickering Avenue, from Mission Boulevard to easterly end;

(11) Rancho Arroyo Parkway, from Niles Boulevard to Riviera Drive;

(12) State Street, from Beacon Avenue to Mowry Avenue;

(13) Vargas Road, from Morrison Canyon Road to 550 feet north of Pico Road; and all other streets in residential or business districts in the city of Fremont not included in this section.

(b) Thirty miles per hour:

(1) Albrae Street, from Stevenson Boulevard to Stewart Avenue;

(2) Argonaut Way, from Mowry Avenue to Walnut Avenue;

(3) Cougar Drive, from Mission Boulevard to Cougar Circle;

(4) Country Drive, from Fremont Boulevard to Stivers Street;

(5) Curie Street, from Christy Street to Boscell Road;

(6) Deep Creek Road, from Paseo Padre Parkway to Ridgewood Drive;

(7) Farwell Drive, from Mowry Avenue to Flamingo Lane;

(8) Fremont Boulevard, from Peralta Boulevard to Central Avenue;

(9) Fremont Boulevard, from Grimmer Boulevard to Blacow Road;

(10) Gallaudet Drive, from Stevenson Boulevard to Walnut Avenue;

(11) Gateway Boulevard, from Fremont Boulevard to Lakeview Boulevard;

(12) Guardino Drive, from Stevenson Boulevard to Mowry Avenue;

(13) Liberty Street, from Stevenson Boulevard to Walnut Avenue;

(14) Pacific Commons Boulevard, from Auto Mall Parkway to Bunche Drive;

(15) Paseo Padre Parkway, from Mowry Avenue to Stevenson Boulevard;

(16) Paseo Padre Parkway, from Mission Boulevard to Curtner Road;

(17) Peralta Boulevard, from Fremont Boulevard to Dusterberry Way;

(18) Pine Street, from Sabercat Road to Mission Boulevard;

(19) Shinn Street, from Peralta Boulevard to Von Euw Common;

(20) Solar Street, from Grimmer Boulevard to Technology Drive;

(21) Sundale Drive, from Liberty Street to Fremont Boulevard;

(22) Technology Place, from Business Center Drive to Technology Drive;

(23) Walnut Avenue, from Argonaut Way to Fremont Boulevard;

(24) Washington Boulevard, from Fremont Boulevard to Driscoll Road.

(1) Albrae Street, from Stewart Avenue to Christy Street;

(2) Ardenwood Boulevard, from Union City limits to Newark city limits;

(3) Auto Mall Parkway, from I-880 to Boyce Road;

(4) Bayside Parkway, from West Warren Avenue to Bayview Drive;

(5) Bayview Drive, from Lakeview Boulevard to Fremont Boulevard;

(6) Blacow Road, from Mowry Avenue to Thornton Avenue;

(7) Blacow Road, from Grimmer Boulevard to Fremont Boulevard;

(8) Boscell Road, from Stewart Avenue to Bunche Drive;

(9) Bunche Drive, from Nobel Drive to Boscell Road;

(10) Central Avenue, from Fremont Boulevard to Blacow Road;

(11) Christy Street, from Stewart Avenue to Brandin Court;

(12) Commerce Drive, from Ardenwood Boulevard to Paseo Padre Parkway;

(13) Deep Creek Road, from Alvarado Boulevard to Paseo Padre Parkway;

(14) Driscoll Road, from Paseo Padre Parkway to Mission Boulevard;

(15) Dumbarton Circle, from Paseo Padre Parkway to Kaiser Drive;

(16) Dusterberry Way, from Central Avenue to Thornton Avenue;

(17) East Warren Avenue, from Curtner Road to Warm Springs Boulevard;

(18) Fremont Boulevard, from Beard Road to Thornton Avenue;

(19) Fremont Boulevard, from Central Avenue to Grimmer Boulevard;

(20) Grimmer Boulevard, from Fremont Boulevard to Paseo Padre Parkway;

(21) South Grimmer Boulevard, from Paseo Padre Parkway to Osgood Road;

(22) Hansen Avenue, from Blacow Road to Yolo Terrace;

(23) Isherwood Way, from Paseo Padre Parkway to city limits;

(24) Lakeview Boulevard, from Fremont Boulevard to West Warren Avenue;

(25) Landing Parkway, from Fremont Boulevard to West Warren Avenue;

(26) Lowry Road, from Alvarado Boulevard to city limits;

(27) Milmont Drive, from Page Avenue to city limits;

(28) Mission Boulevard, from Mission Road to Pine Street;

(29) Mowry Avenue, from Mission Boulevard to Paseo Padre Parkway;

(30) Mowry Avenue, from Blacow Road to I-880;

(31) Niles Boulevard, from Union City limits to Nursery Avenue;

(32) Nobel Drive, from Auto Mall Parkway to Bunche Drive;

(33) Northport Loop, from Cushing Boulevard to Cushing Boulevard;

(34) Old Canyon Road, from Niles Canyon Road to Clarke Drive;

(35) Old Warm Springs Boulevard, from Fremont Boulevard to Grimmer Boulevard;

(36) Overacker Avenue, from Walnut Avenue to Mowry Avenue;

(37) Page Avenue, from Kato Road to Milmont Drive;

(38) Paseo Padre Parkway, from Thornton Avenue to Mowry Avenue;

(39) Paseo Padre Parkway, from Stevenson Boulevard to Mission Boulevard;

(40) Peralta Boulevard, from Fremont Boulevard to Paseo Padre Parkway;

(41) Scott Creek Road, from I-680 to easterly end;

(42) Stevenson Boulevard, from Civic Center Drive to Fremont Boulevard;

(43) Stewart Avenue, from Albrae Street to Boyce Road;

(44) Technology Drive, from Auto Mall Parkway to Grimmer Boulevard;

(45) Thornton Avenue, from I-880 to Fremont Boulevard;

(46) Vargas Road, from I-680 to 550 feet north of Pico Road;

(47) Walnut Avenue, from Fremont Boulevard to Mission Boulevard;

(48) Warm Springs Boulevard, from South Grimmer Boulevard to Warren Avenue;

(49) Warren Avenue, from Warm Springs Boulevard to Fremont Boulevard;

(50) Washington Boulevard, from Fremont Boulevard to Driscoll Road.

(d) Forty miles per hour:

(1) Blacow Road, from Grimmer Boulevard to Mowry Avenue;

(2) Business Center Drive, from South Grimmer Boulevard to Technology Place;

(3) Central Avenue, from Blacow Road to I-880;

(4) Cushing Parkway, from Auto Mall Parkway to Bunche Drive;

(5) Cushing Parkway, from south end of Causeway to Fremont Boulevard;

(6) Decoto Road, from city limits to I-880;

(7) Driscoll Road, from Paseo Padre Parkway to Washington Boulevard;

(8) Durham Road, from I-680 to Mission Boulevard;

(9) Fremont Boulevard, from Blacow Road to Warren Avenue;

(10) Grimmer Boulevard, from Fremont Boulevard to Auto Mall Parkway;

(11) South Grimmer Boulevard, from Auto Mall Parkway to Osgood Road;

(12) Kaiser Drive, from Ardenwood Boulevard to Paseo Padre Parkway;

(13) Kato Road, from Warm Springs Boulevard to Warren Avenue;

(14) Mowry Avenue, from Paseo Padre Parkway to Blacow Road;

(15) Osgood Road, from Washington Boulevard to South Grimmer Boulevard;

(16) Paseo Padre Parkway, from Newark city limits to Decoto Road;

(17) Peralta Boulevard, from Paseo Padre Parkway to Mowry Avenue;

(18) Sabercat Road, from Durham Road to northerly end;

(19) Scott Creek Road, from Warm Springs Boulevard to Green Valley Road;

(20) Stevenson Boulevard, from Mission Boulevard to Civic Center Drive;

(21) Stevenson Boulevard, from Fremont Boulevard to westerly end;

(22) Thornton Avenue, from Fremont Boulevard to Paseo Padre Parkway;

(23) Warm Springs Boulevard, from Warren Avenue to city limits.

(e) Forty-five miles per hour:

(1) Alvarado Boulevard, from I-880 to city limits;

(2) Auto Mall Parkway, from westerly end to Boyce Road;

(3) Auto Mall Parkway, from I-880 to I-680;

(4) Boyce Road, from Stevenson Boulevard to Auto Mall Parkway;

(5) Cushing Parkway, from Bunche Drive to south end of Causeway;

(6) Fremont Boulevard, from Warren Avenue to Milpitas city limits;

(7) Mission Boulevard, from Pine Street to Curtner Road;

(8) Paseo Padre Parkway, from Decoto Road to Thornton Avenue. (Ord. 58 § 3-21101; Ord. 70 §§ 3, 4; Ord. 114 § 1; Ord. 117 § 1; Ord. 140 § 1; Ord. 188 § 1; Ord. 280 § 2; Ord. 425 §§ 2, 3; Ord. 465 § 1; Ord. 492 §§ 1, 2; Ord. 603 § 1; Ord. 613 §§ 1, 2; Ord. 638 § 1; Ord. 645 §§ 2 – 5; Ord. 647 § 1; Ord. 660 §§ 1, 2; Ord. 735 §§ 1 – 3; Ord. 786 § 1, 7-28-70; Ord. 790 § 2, 8-25-70; Ord. 897 §§ 1, 2, 4-25-72; Ord. 929 §§ 1, 2, 11-21-72; Ord. 951 §§ 1, 2, 6-26-73; Ord. 1016 § 2, 11-5-74; Ord. 1125 § 1, 12-7-76; Ord. 1210 § 1, 11-1-77; Ord. 1382 § 1, 5-20-80; Ord. 1396 §§ 1, 2, 8-12-80; Ord. 1417 §§ 1, 2, 12-2-80; Ord. 1445 § 1, 6-9-81; Ord. 1468 §§ 1, 2, 9-22-81; Ord. 1482 §§ 1, 2, 12-15-81; Ord. 1485 §§ 1, 2, 1-5-82; Ord. 1506 §§ 1, 2, 6-22-82; Ord. 1528 § 1, 12-7-82; Ord. 1535 § 1, 1-4-83; Ord. 1540 § 1, 1-25-83; Ord. 1561 §§ 1, 2, 6-7-83; Ord. 1666 § 1, 6-11-85; Ord. 1695 § 1, 10-22-85; Ord. 1721 §§ 1 – 5, 4-22-86; Ord. 1735 § 1, 8-12-86; Ord. 1803 § 1, 11-3-87; Ord. 1807 §§ 1 – 3, 11-24-87; Ord. 1810 § 1, 1-12-88; Ord. 1821 §§ 1, 2, 5-10-88; Ord. 1847 §§ 1, 3, 12-6-88; Ord. 1861 § 1, 3-21-89; Ord. 1921 § 1, 4-24-90; Ord. 2013 § 1, 6-23-92; Ord. 2233 § 1, 3-25-97; Ord. 2280 § 1, 3-10-98; Ord. 2281 § 1, 3-10-98; Ord. 2313 § 1, 11-2-98; Ord. 2441 § 1, 12-11-01; Ord. 10-2006 § 1, 5-2-06; Ord. 18-2008 § 2, 10-28-08; Ord. 22-2015 § 2, 12-1-15; Ord. 06-2020 § 2, 4-14-20. 1990 Code § 3-21101.)

10.05.1010 Regulation of speed by traffic signals.

The city manager is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and shall erect appropriate signs giving notice thereof. (Ord. 58 § 3-21103. 1990 Code § 3-21103.)

Article XIV. Cruising

10.05.1020 Definition of cruising.

For the purposes of this article, “cruising” is defined as the driving of a motor vehicle on a highway past a traffic control point in traffic which is congested at or near the control point, as determined by a peace officer, three or more times within a two-hour period after having been given written notice by a peace officer after the second passing that further driving past the control point during the same two-hour period will constitute a violation of this article. (Ord. 1631 § 2, 10-2-84. 1990 Code § 3-21201.)

10.05.1030 Definition of central traffic area.

The “central traffic area” means Fremont Boulevard north of Central Avenue and south of Alder Avenue, Parish Avenue from Fremont Boulevard to Peralta Boulevard, Peralta Boulevard from Parish Avenue to Maple Street, Peralta Court, Bonde Way from Maple Street to Moraine Street, Post Street from Bonde Way to Thornton Avenue, Moraine Street from Bonde Way to Thornton Avenue, Thornton Avenue from Moraine Street to Maple Street, Alder Avenue from Dawson Street to Oak Street, Oak Street from Alder Avenue to Thornton Avenue, Maple Street from Thornton Avenue to Central Avenue and Baine Avenue from Fremont Boulevard to Maple Street. (Ord. 1631 § 2, 10-2-84. 1990 Code § 3-21202.)

10.05.1040 Exclusions from prohibition.

Excluded from the prohibition of this article shall be the driving of in-service emergency vehicles, taxicabs or hired limousines, buses and other business vehicles being driven for business purposes. (Ord. 1631 § 2, 10-2-84. 1990 Code § 3-21203.)

10.05.1050 Cruising prohibited.

No person shall engage in cruising in the central traffic area. (Ord. 1631 § 2, 10-2-84. 1990 Code § 3-21204.)

Article XV. On-Street Vehicle Sales

10.05.1060 Findings.

(a) There is a limited amount of on-street parking places on major arterial and collector streets in the several districts of the city.

(b) The shortage of parking is further exacerbated by the practice of people parking vehicles on

the street for days at a time for the sole purpose of displaying same for private sale.

(c) The use of arterial and collector streets for the purpose of on-street sale of vehicles creates related problems including double parking, slowing of traffic to inspect vehicles, erratic traffic movement created by the need to quickly park to inspect vehicles, increased traffic and parking impacts and problems of vandalism to vehicles left in exposed areas for lengthy periods of time.

(d) Because of the critical need for parking in the several districts of the city, and the need to reduce risks for vehicular traffic on major arterial and collector streets of the city, the city must now regulate the use of on-street parking spaces for purposes of selling vehicles on major arterial and collector streets in the city.

(e) To promote the safety and welfare of the residents of the city and to assure an equitable method of regulation, it is necessary to regulate the display of vehicles for the purpose of sale on major arterial and collector streets in the city. (Ord. 2235 § 1, 4-1-97. 1990 Code § 3-21301.)

10.05.1070 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Arterial” has the same meaning as stated in Section 18.25.190. Arterials shall include all parallel frontage roads adjacent to the arterial street.

“City” means the city of Fremont.

“Collector street” has the same meaning as stated in Section 18.25.530.

“Display for sale” means to place a vehicle upon the public street for the purpose of offering the vehicle for sale or for soliciting offers to purchase the vehicle.

“Owner” means any person, firm, partnership, corporation, or association whose name appears on the registration document as the registered owner for the vehicle on file with the State Department of Motor Vehicles.

“Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

“Police department” means the chief of police of the city of Fremont or the designee thereof.

“Residence of owner” means the residence of the registered owner of the vehicle as shown on the vehicle registration issued by the Department of Motor Vehicles or on file with the State Department of Motor Vehicles.

“Vehicle” means any automobile, truck or device by which any person or property may be propelled, moved, or drawn upon a street or highway excepting a device moved by human power or used exclusively upon stationary rail or track or any object placed thereon. (Ord. 2235 § 1, 4-1-97; Ord. 2255 § 1, 7-29-97. 1990 Code § 3-21302.)

10.05.1080 On-street vehicle sales prohibited – Exceptions – Removal of vehicles authorized.

(a) It shall be unlawful for any person to park a vehicle on any arterial or collector street shown on Exhibit A (on file with the city clerk) for the purpose of displaying the vehicle for sale unless the vehicle is parked within 600 feet of the residence of the registered owner of the vehicle.

(b) Pursuant to Cal. Veh. Code § 22651.9, any vehicle parked on any collector or arterial street (see Exhibit A, on file with the city clerk) within the city in violation of this article may be removed and impounded in accordance with this code; provided, that:

(1) Such vehicle has been issued a notice of parking violation (the “notice”) for violation of this article within the prior 30 days;

(2) Such previous notice of parking violation was accompanied by a warning that an additional violation may result in the removal and impoundment of the vehicle even if the vehicle is moved to another street so long as the signs or placards offering the vehicle for sale remain displayed in or on the vehicle;

(3) The notice was issued at least 24 hours prior to the removal of the vehicle; and

(4) Conditions to the removal of the vehicle set forth in Cal. Veh. Code § 22651.9 have been satisfied.

(c) Prior to any removal or impoundment of a vehicle under this section, the enforcement officer shall verify that the vehicle is parked more than 600 feet from the residence of the registered owner of the vehicle. (Ord. 2235 § 1, 4-1-97. 1990 Code § 3-21303.)

10.05.1090 Penalty.

Violations of this article shall be punishable by infraction citations as provided in Chapter 1.15 and by administrative penalties as provided in Chapter 1.20. (Ord. 2255 § 1, 4-1-97. 1990 Code § 3-21304.)

10.05.1100 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The city council of the city of Fremont hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (Ord. 2255 § 1, 4-1-97. 1990 Code § 3-21305.)

Code reviser’s note: Ord. 01-2016 adds these provisions as Section 10.05.980. The section has been editorially renumbered to avoid duplication of numbering.