Chapter 4. Traffic

Article 1. Definitions

Sec. 3-4.101 Definitions of Words and Phrases.

The following words and phrases when used in this Chapter shall for the purpose of this Chapter have the meanings respectively ascribed to them in this article.

Sec. 3-4.102 Vehicle Code Definitions to be Used.

Whenever any words or phrases used herein are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.

Sec. 3-4.103 Curb.

“Curb” shall mean the lateral boundary of the roadway whether such curb is marked by curbing construction, or not so marked. “Curb” shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights of way of public utility companies.

Sec. 3-4.104 Divisional Island.

“Divisional island” shall mean a dividing section of not less than two (2) feet in width, either unpaved or delineated by curbs, lines, or other markings on the roadway, and separating opposing or conflicting streams of traffic.

Sec. 3-4.105 Holidays.

“Holidays” shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In the event any such day shall fall upon a Sunday, the next succeeding Monday shall be a holiday.

Sec. 3-4.106 Loading Zone.

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

Sec. 3-4.107 Official Time Standard.

Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.

Sec. 3-4.108 Parkway.

“Parkway” shall mean that portion of a street other than a roadway or a sidewalk.

Sec. 3-4.109 Passenger Loading Zone.

“Passenger loading zone” shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Article 3. Enforcement and Obedience to Traffic Regulations

Sec. 3-4.301 Duty and Authority of Officers.

(a) It shall be the duty of police officers authorized to perform police duties in the City of Hercules to enforce within the City of Hercules all traffic and vehicle laws of the city and state.

(b) Police officers authorized to perform police duties in the City of Hercules are hereby authorized to direct all traffic by voice, hand or other signal in conformity with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, such police officers or fire department personnel may direct traffic as conditions may require, notwithstanding provisions to the contrary contained in this Chapter or the Vehicle Code.

(c) At places where large numbers of people and vehicles are to gather, or have gathered, nothing in this Chapter shall be construed to prevent any police officer authorized to perform police duties in the City of Hercules from prohibiting any person from parking any vehicle upon or using any street or sidewalk, or from prohibiting any pedestrian from using any street or sidewalk, and such police officer shall have authority to direct the parking of vehicles in any reasonable manner, way or direction. It shall be unlawful for any person to fail to promptly obey any such police officer’s order, signal or command, regardless of any other provision of this Chapter.

Sec. 3-4.302 Direction of Traffic by Persons Other than Officers.

No person other than a police officer authorized to perform police duties in the City of Hercules or fire department personnel or other person authorized by law shall direct, or attempt to direct, traffic by voice, hand or other signal, except that persons may operate, when and as provided in this Chapter, any mechanical pushbutton signal erected pursuant to the provisions of this Chapter.

Sec. 3-4.303 Obedience to Police and Other Authorized Persons.

No person shall fail or refuse to comply with any lawful order, signal or direction of a police officer authorized to perform police duties in the City of Hercules or of fire department personnel or of other persons authorized by law, or to perform any act forbidden thereby.

Sec. 3-4.304 Obedience to Traffic Regulations.

It shall be an infraction for any person to do any act forbidden or declared unlawful or fail to perform any act required by sections 3-4.301(c), 3-4.308, 3-4.403, 3-4.407, 3-4.501(b), 3-4.503, 3-4.504, 3-4.702, 3-4.8013-4.804, inclusive, 3-4.806 – 3-4.811, inclusive, 3-4.904, 3-4.1002 – 3-4.1016, inclusive, 3-4.1018, 3-4.1102 – 3-4.1106, inclusive, 3-4.1202 – 3-4.1207, inclusive, 3-4.1301(b), 3-4.1302, 3-4.1501 and 3-4.1502 of this Chapter; it shall be a misdemeanor for any person to do any act forbidden or declared unlawful or fail to perform any act required by any other section of this Chapter, unless otherwise provided by the Vehicle Code of the State of California.

Sec. 3-4.305 Interference with Police and Other Authorized Persons.

It shall be unlawful for any person to interfere with or obstruct in any way any police officer authorized to perform police duties in the City of Hercules or any other authorized person in his enforcement of the provisions of this Chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by such police officer or other authorized person in connection with the enforcement of the parking regulations of this Chapter, if done for the purpose of evading such regulations, shall constitute such interference or obstruction.

Sec. 3-4.306 Exemption of Certain Vehicles.

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

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

(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 or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail.

Sec. 3-4.307 Report of Damage to Property.

(a) The operator 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, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic control device or other property of a like nature located in or along any street, shall within twenty-four (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 operating or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in such accident.

(c) The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report, but in such event he shall make a report as required in subdivision (a) within 24 hours after regaining ability to make such report.

Sec. 3-4.308 Removal of Vehicles from Streets.

Any police officer authorized to perform police duties in the City of Hercules 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 between the hours of 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal.

(c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal.

Sec. 3-4.309 Authority to Clear Streets.

All police officers authorized to perform police duties in the City of Hercules are hereby authorized when necessary to clear any street or other public place open to vehicular travel of any and all vehicles left standing thereon, whether occupied or unoccupied, and to that end, such officers are authorized to move such vehicles to some convenient place. The provisions of this section shall not be construed to authorize the tampering with any lock or other lawful device upon any vehicle, or breaking the glass or other parts.

Such police officers are hereby authorized to request the driver or person in charge of any vehicle to move any vehicle which has been parked in violation of any section of this Chapter, or any section of the Vehicle Code relative to parked vehicles, and it is hereby declared to be unlawful to fail to promptly obey such police officer’s order, signal, or command regardless of any other provision of this Chapter.

Sec. 3-4.310 Obedience to Traffic Regulations by Public Employees.

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, or any county, city, district or other public entity or corporation, and it shall be unlawful for any such driver to violate any of the provisions of this Chapter except as otherwise permitted in this Chapter or by the Vehicle Code.

Article 4. Traffic Control Devices

Sec. 3-4.401 Authority to Install Traffic Control Devices.

(a) The Director of Public Works shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as authorized by the City Council or if City Council authorization is not required by this Chapter, when and as required to make effective the provisions of this Chapter.

(b) Whenever the Vehicle Code requires for the effectiveness of any provision thereof that official traffic control devices be installed to give notice to the public of the application of such law the Director of Public Works 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 and subject to authorization by the City Council if such authorization is required by this Chapter.

Sec. 3-4.402 Traffic Control Signs Required for Enforcement Purposes.

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

Sec. 3-4.403 Obedience to Traffic Control Devices.

It shall be unlawful for a pedestrian or the operator of any vehicle to disobey the instructions of any traffic control device, signal, sign, marking or barrier placed in accordance with the traffic regulations of the City unless otherwise directed by a police officer or other authorized person, and subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls.

Sec. 3-4.404 Lane Marking.

The Director of Public Works is hereby authorized to mark center lines, parking areas, and lane lines upon the surface of the roadway to indicate the course to be traveled and used by the vehicles, and may place signs designating lanes to be used by traffic moving in a particular direction regardless of the center line of the highway.

Sec. 3-4.405 Distinctive Roadway Markings.

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

Sec. 3-4.406 Traffic Control Devices: Hours of Operation.

The hours and days during which any official traffic control device shall be in operation or effect shall be as provided in this Chapter or as otherwise provided by the City Council.

Sec. 3-4.407 Unauthorized Painting of Curbs.

No person, unless authorized by this city, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or ordinance of this city pertaining thereto.

Article 5. Turning Movements

Sec. 3-4.501 Intersection Turning Markers, Multiple Lanes.

(a) The Director of Public Works is hereby 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 is further 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) When authorized markers, buttons or other indications are placed within or adjacent to an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

Sec. 3-4.502 Restricted Turn Signs.

The Director of Public Works 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 turn 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.

Sec. 3-4.503 No-turn Signs.

Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no driver of a vehicle shall disobey the direction of any such sign.

Sec. 3-4.504 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 sign-posted giving notice of such restriction as hereinafter provided in this section.

(b) The Director of Public Works shall post appropriate signs giving effect to this section where the City Council has determined that the making of right turns against traffic signal “stop” indication would seriously interfere with the safe and orderly flow of traffic.

Article 6. One-Way Streets and Alleys

Sec. 3-4.601 Designation: Signs.

Whenever any ordinance or resolution of the Council designates any one-way street or alley, the Director of Public Works 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.

Article 7. Special Stops Required

Sec. 3-4.701 Erection of 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 Director of Public Works 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 to other intersections where a stop is required and at any railroad grade crossing so designated; provided, however stop signs shall not be erected or maintained at any entrance to an intersection when such entrance is controlled by an official traffic control signal. Every such sign shall conform with, and shall be placed as provided in, the Vehicle Code.

Where deemed necessary, the Director of Public Works may authorize the placement of pavement markings indicating the location where vehicles must stop. All such markings shall supplement the stop signs.

Sec. 3-4.702 Emerging from Alleys, Driveways and Buildings.

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 alley way or driveway.

Article 8. Miscellaneous Rules

Sec. 3-4.801 Driving Through Funeral Processions.

No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade while they are in motion and when such vehicles are conspicuously so designated. The directing of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be subject to the orders of the Police Department.

Sec. 3-4.802 Clinging to Moving Vehicle.

No person shall attach himself with his hands, or catch on to, or hold on to with his hands or by other means, to any moving vehicle or train for the purpose of receiving motive power therefrom.

Sec. 3-4.803 Commercial Vehicles Using Private Driveway.

No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property if a sign or markings are in place indicating that the use of such driveway is prohibited. For the purposes of this section, a commercial vehicle shall mean a vehicle having a rated capacity in excess of one-half ton.

Sec. 3-4.804 Driving or Riding on Sidewalks.

It shall be unlawful for any person to ride, drive, propel, or cause to be propelled, any vehicle or animal across or upon any sidewalk, excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk. Such sidewalk area shall be adequately protected by wooden planks, and written permission therefor shall be previously obtained from the Director of Public Works. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m.

Sec. 3-4.805 Vehicles Containing Flammable Liquids or Explosives.

It shall be unlawful for any person to park any flammable liquid vehicle or any vehicle containing explosives on any public street within the city.

Sec. 3-4.806 New Pavement and Markings.

No person shall ride or drive any animal or vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier, sign, cone-marker, or other warning device is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed, or where barricades have been erected.

Sec. 3-4.807 Limited Access Roadways.

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.

Sec. 3-4.808 Signs and Barriers.

No person, public utility or public agency shall erect or place in any street any barrier or sign except of a type approved by the Director of Public Works. It shall be unlawful for any vehicle operator or pedestrian to disobey the instructions of any such approved barrier or sign and for any person to remove, tamper with or destroy any such barrier or sign lawfully placed.

Sec. 3-4.809 No Entrance Into Intersection That Would Obstruct Traffic.

No operator of any vehicle shall enter any intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

Sec. 3-4.810 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. The provisions of this section shall not apply to any public officer or employee, or employee of a public utility when necessarily upon a street in line of duty.

Sec. 3-4.811 Roller Skates, Skate Boards, and Toy Vehicles.

(a) No person shall ride upon a skateboard, roller skates, coaster, toy vehicle or propel any such device upon any City street or upon any City sidewalk along any street which fronts, abuts or adjoins any property zoned “C” Commercial.

(b) Riding or propelling a skateboard, roller skates, coaster or other similar devices at locations other than the Hercules Skate Park shall be undertaken in an upright position and it shall be unlawful for any person to ride any such device in a prone, crouching or other than upright position.

(c) It shall be unlawful for any person to ride upon a skateboard, roller skates, coasters, toy vehicle or propel similar devices at the Hercules Skate Park without wearing a helmet, elbow pads, and knee pads that are the proper size.

(d) The City Manager or the City Manager’s designee is hereby authorized to prohibit the use of roller skates, skateboards, coasters and toy vehicles and to erect signs prohibiting said use, on any publicly-owned street, park, sidewalk or property where the City Manager or the City Manager’s designee determines that such use would interfere with traffic, create a hazard to public health, safety or welfare, or otherwise interfere with the public convenience. The City Manager or the City Manager’s designee is further authorized, with the prior consent of the property owner, (1) to prohibit the use of roller skates, skateboards, coasters and toy vehicles on any privately-owned property if the City Manager or the City Manager’s designee determines that such use would interfere with traffic, create a hazard to public health, safety or welfare, or otherwise interfere with the public convenience and (2) to erect signs prohibiting such use.

(e) Violation of this section is an infraction punishable as prescribed in Title 1, Chapter 4 of the Hercules Municipal Code. (Ord. 383 § 1, 203; Ord. 356 Div. 1, 2000: Ord. 234 Div. 1, 1986)

Sec. 3-4.812 Obstruction to Visibility at Intersections Prohibited.

On property at any corner formed by intersecting streets, it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view, higher than three (3) feet above the level of the center of the adjacent intersection within that triangular area between the property line and a diagonal line joining points on property lines twenty-five (25) feet from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on said tangent twenty-five (25) feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.

Sec. 3-4.813 Obstruction to Visibility at Intersections—Exceptions.

The provisions of Section 3-4.812 shall not apply to permanent buildings, public utility poles, trees trimmed (to the trunk) to a line at least eight (8) feet above the level of the intersection; saplings, or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on the date this Chapter becomes effective; official warning signs or signals; to places where the contour of the ground is such that there can be no cross-visibility at the intersection; or to signs mounted ten (10) feet or more above the ground and whose supports do not constitute an obstruction as defined in Section 3-4.812.

Sec. 3-4.814 Obstruction to Visibility at Intersections—Removal.

Any obstruction maintained in violation of Section 3-4.812 shall be deemed a public nuisance. The Public Works Administrator shall initiate abatement proceedings to remove the obstruction as provided in Section 4-10.01. (Ord. 253 Div. 1 (Art. 3), 1987)

Sec. 3-4.815 Obstruction to Visibility at Intersections—Scope.

No obstruction to cross-visibility shall be deemed to be excepted from the application of this Chapter because of its being in existence at the time of the adoption hereof, unless expressly exempted by the terms of this Chapter.

Sec. 3-4.816 Excessive Vehicle Acceleration.

(a) No person operating or driving a motor vehicle within the City limits shall accelerate said motor vehicle: (1) to cause audible noise by tire friction on pavement or road surface, or (2) to cause loss of traction between the tires of said vehicle and the pavement or road surface, or (3) to cause said vehicle to skid or otherwise lose or diminish control, or (4) to cause the tires of said vehicle to leave skid or other marks upon the pavement or other road surface, except where acceleration otherwise prohibited by subsection (a)(1), (2), (3), or (4) of this Section is reasonably necessary to avoid a collision.

(b) Penalties. It is a misdemeanor for any person to violate the provisions of this Section. Every person convicted of a misdemeanor for violating this Section shall be punished as follows:

(1) For a first conviction, by a fine not less than one hundred dollars ($100.00) and not greater than two hundred fifty dollars ($250.00).

(2) For a second or subsequent conviction, by imprisonment for no longer than six (6) months, or by a fine of not more than one thousand dollars ($1,000), or both such fine and imprisonment. (Ord. 433 § 1, 2007)

Article 9. Pedestrian Crosswalks

Sec. 3-4.901 Marked Crosswalks.

The Director of Public Works shall provide and maintain marked crosswalks at all intersections within all business districts, and at other places where the City Council has determined that there is a particular hazard to pedestrians crossing the roadway.

Sec. 3-4.902 Mid-Block Crosswalks.

Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred (400) feet in length, and such crosswalk shall be located as nearly as practicable at mid-block.

Sec. 3-4.903 Use of Crosswalks May Be Restricted.

The Director of Public Works may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated.

Sec. 3-4.904 Use of Crosswalks.

No pedestrian shall cross a roadway in any business district other than by a crosswalk.

Article 10. Stopping, Standing and Parking for Certain Purposes or in Certain Places

Sec. 3-4.1001 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 Vehicle Code or the ordinances of this City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

Sec. 3-4.1002 Stopping or Standing in Parkways Prohibited.

No person shall stop, stand or park a vehicle within any parkway.

Sec. 3-4.1003 No Stopping Zones and No Parking Areas.

The Director of Public Works is hereby authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this Chapter.

When said curb markings or signs are in place no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this Chapter.

Sec. 3-4.1004 Stopping and Parking Prohibited: Signs.

The Director of Public Works 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 except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal:

(a) Within any divisional island unless authorized and clearly indicated with appropriate signs and markings.

(b) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street.

(c) In any area where the City Council determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property.

(d) In any area established by resolution of the Council as a “no parking” area.

(e) Upon, along or across any railway track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track.

(f) At any place within twenty feet (20') of a point on the curb immediately opposite the mid-block end of a safety zone.

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

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

(i) 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, however, that signs giving notice of such parking are erected or placed at least twenty-four (24) hours prior to the effective time of such “no parking” restrictions

Sec. 3-4.1005 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 seventy-two (72) hours.

Sec. 3-4.1006 Parking for Demonstration or Display Purposes.

No person shall park a vehicle upon any roadway for the principal purpose of advertising the vehicle or items on or in the vehicle for sale unless authorized by resolution of the Council.

Sec. 3-4.1007 Repairing and Greasing Vehicles on Streets.

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in this city. Temporary emergency repairs may be made upon a public street.

Sec. 3-4.1008 Washing or Polishing Vehicles on Streets.

No person shall wash, or cause to be washed, or polish or cause to be polished, any vehicle or part thereof upon any public street in front of any business establishment within the city, or on any street within the city where a charge is made for such service.

Sec. 3-4.1009 Parking Adjacent to Schools.

(a) The Director of Public Works is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property where the City Council has determined that such parking would interfere with traffic or create a hazardous condition.

(b) Where 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.

Sec. 3-4.1010 Parking on Narrow Streets.

(a) The Director of Public Works is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty (20) feet, or upon one side of a street when the width of the roadway does not exceed thirty (30) feet, or upon any other street where the City Council has determined that no parking is required for the proper control of traffic.

(b) When official signs or markings prohibiting parking are erected upon streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking.

Sec. 3-4.1011 Parking on Grades.

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent (3%) within any business or residential district without blocking the wheels of such vehicle by turning them against the curb or by other means.

Sec. 3-4.1012 Mobile Food Vendors.

(a) Definitions. As used in this section:

“Mobile food vehicle” means any lunch wagon, eating cart or food truck, ice cream truck, or push-cart from which foodstuffs are sold on public streets, alleys, or highways within the City of Hercules.

“Mobile food vendor” means any person who conducts, permits or causes the operation of, or owns, operates, controls, manages, or leases, any mobile food vehicle.

“Ice cream truck” means any mobile food vehicle equipped or primarily used for retail sales of ice cream, ice milk, popsicles, frozen yogurt, frozen dessert products, and confections of any kind on public streets, alleys, or highways within the City of Hercules.

(b) No person shall park or stand on any street any mobile food vehicle from which foodstuffs are sold or offered for sale without first obtaining a written permit to do so from the City Manager or the City Manager’s designee, which permit shall designate the specific location in which such vehicle shall stand and other conditions of sale.

(c) Whenever any permit is granted under the provisions of this Section and a particular location to park or stand is specified therein, no person shall park or stand any mobile food vehicle on any location other than as designated in such permit. Such permit shall be forthwith revoked by the City Manager upon evidence presented by the Chief of Police that the permit holder has been found to be in violation of the requirements of this Section on three (3) or more occasions within a six (6) month period, and no permit shall thereafter be issued to such person until six (6) months have elapsed from the date of such revocation.

(d) Any person desiring to obtain a permit to operate any mobile food vehicle within the City of Hercules shall make application to the City Manager or the City Manager’s designee. A nonrefundable fee for such application shall be established from time to time by resolution of the City Council. Neither the filing of an application for a permit nor the payment of an application fee shall authorize the vending from or operation or management of any mobile food vehicle until such permit has been granted or renewed.

Each applicant for a permit to conduct business as an operator of any mobile food vehicle shall furnish the following information, unless waived by the City Manager or the City Manager’s designee:

(1) The present or proposed address from which the business is to be conducted;

(2) The full true name under which the business will be conducted;

(3) The full true name and any other names used by the applicant;

(4) The present residence and business addresses and telephone numbers of the applicant;

(5) A description of the food merchandise which the mobile vendor will vend;

(6) The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, and serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;

(7) California driver’s license/identification card number of the applicant;

(8) Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size taken within the six (6) month period immediately preceding the date of the application;

(9) The business, occupation or employment history of the applicant for the three (3) year period immediately preceding the date of the application;

(10) The permit history of the applicant for the three (3) year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, or state or territory, has ever had any similar license or permit or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;

(11) All criminal convictions suffered by the applicant, including ordinance violations and traffic offenses;

(12) The full true names, residence addresses, and the California driver’s license/identification card numbers of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers, operators, or attendants;

(13) Certification from the Contra Costa County Department of Health evidencing that the operator is in possession of a valid County health permit;

(14) Acceptable written proof that the applicant is insured under a policy of insurance in the manner and form required by the City from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California;

(15) The applicant shall submit to a fingerprinting in order to facilitate a complete background investigation and shall be responsible for payment of any related fees;

(16) Such other identification and/or information as the City Manager or the City Manager’s designee may require in order to verify the information set forth in the application;

(17) Applicant must possess a business license for the City.

(e) The applicant shall personally appear at the Hercules Police Department and pay the required application fee and shall present the application containing the information and supporting documentation required by subsection (d) of this section.

(f) In the event of a change in status or information required hereinabove, the applicant shall report such change to the Chief of Police no later than two (2) weeks from the occurrence of such change.

(g) Ice Cream Truck Vending Restrictions.

(1) Ice cream truck operators are not permitted to sell food or beverage items before 4:00 p.m. during weekdays (Monday through Friday) in the area of Hercules located east of Interstate 80 and south of State Route 4, except on days when West Contra County Unified School District school facilities located within the designated area are not in session.

(2) Ice cream truck operators may stand or park only at the request of a bona fide purchaser for a period of time not to exceed five (5) minutes at any one (1) place.

(3) To avoid traffic related pedestrian injuries:

A. No person shall vend from an ice cream truck on any area of the street where the posted legal speed limit exceeds twenty-five (25) miles per hour.

B. No person shall vend from an ice cream truck unless such truck is lawfully parked and stopped.

C. No person shall vend from an ice cream truck to a person standing on the street or roadway.

D. No person shall vend from an ice cream truck to a prospective customer other than on the side of the vehicle next to the right side of the street, alley or highway.

E. No person shall vend from across the street from where the customer is located so as to cause the customer to cross the street; the operator must drive the vehicle to the curb where the customer is located.

F. No person shall vend from an ice cream truck to a customer who is in another vehicle.

G. No person shall vend from an ice cream truck to a customer who is located in that portion of the street, alley or highway which is open to vehicular traffic.

H. No person shall vend from an ice cream truck in violation of any other provision of law, including but not limited to the California Vehicle Code.

(h) The term of a mobile food vendor license shall be one (1) year.

(i) Current mobile food vendors will be required to comply with the provisions of this chapter within thirty (30) days of its effective date.

(j) No license issued pursuant to this Section shall be transferable or used by a person or entity not named on the permit.

(k) The provisions of this Section shall not apply to persons delivering foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

(l) In addition to any other fines and penalties that may apply, including but not limited to revocation of a mobile food vendor permit pursuant to subsection (c) of this section, violations of the provisions of this Section are subject to a citation of one hundred dollars ($100.00) for a first offense, two hundred fifty dollars ($250.00) for a second offense, and five hundred dollars ($500.00) for a third offense within a twelve (12) month period. (Ord. 490 § 1, 2016)

Sec. 3-4.1013 Emergency Parking Signs.

(a) Whenever the City Council 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 Director of Public Works is hereby authorized 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 during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the Director of Public Works 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.

Sec. 3-4.1014 Warning Signs for Disabled Commercial Vehicles.

Every motor truck having an unladen weight of four thousand (4,000) pounds or more and every truck tractor, irrespective of weight, when operated upon any street or highway during darkness, shall be equipped with and carry at least two (2) flares or two (2) red lanterns, or two (2) warning lights or reflectors. Such reflectors shall be of a type approved by the Highway Patrol of the State. When any such vehicle or any trailer or semitrailer is disabled upon streets or highways outside any business or residential district within the City, and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred (200) feet during darkness, a warning signal as described in this Section shall be immediately placed at a distance approximately one hundred (100) feet in advance of and one hundred (100) feet to the rear of such disabled vehicle by the driver thereof; provided, however, the continuous flashing of at least four (4) approved type Class A Type 1 turn signal lamps, at least two (2) toward the front and at least two (2) toward the rear of the vehicle, shall be considered to meet the requirements of this Section until the proper warning devices can be placed in the required locations. The warning signals shall be displayed continuously during darkness while such vehicle remains disabled upon such street or highway.

Sec. 3-4.1015 Leaving Keys in Parked Vehicles.

It shall be unlawful for the operator of any vehicle to leave the ignition key of such vehicle in any unconcealed place within such vehicle while parked on any public street or in any public or private parking lot.

Sec. 3-4.1016 Consent of Adjacent Owner for Parking Certain Vehicle.

No person engaged in the express, delivery or moving business, or in the business of letting for hire automobiles or taxicabs, shall stand or park any vehicle used in such business while soliciting or waiting for patronage on any street in the city in front of any residence, store, office or other place of business without the consent, express or implied, of the owner, occupant or proprietor of such residence, store, office or other place of business.

Sec. 3-4.1017 Parking Permits for Special Occasions.

Notwithstanding the provisions of this Chapter, the City Council may grant permission to organizations and individuals to park vehicles, materials or equipment in public parking places for special occasions. Applications for such special permission shall be made in the manner and form required by the City Manager.

Sec. 3-4.1018 Parking Trailers, Motor Homes and Boats within City Limits.

No person shall park a trailer, motor home or boat for more than three (3) hours at any location within the Hercules City limits except while loading or unloading property, and time, in addition to such three (3) hour period, is necessary to complete the work.

Nothing in this section shall prohibit the lawful parking of a house trailer, motor home or boat at a private residence in accordance with Section 4-10.04(w) of this code. (Ord. 427 § 1, 2007: Ord. 398 § 1 (part), 2004)

Sec. 3-4.1019 Parking Commercial Vehicles within City Limits.

No person shall park a heavy duty commercial vehicle for more than three (3) hours at any location within the Hercules City Limits except:

(a) While loading or unloading property, and time, in addition to such three (3) hour period, is necessary to complete the work; or

(b) 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, and time, in addition to such three (3) hour period, is reasonably necessary to complete such service.

For purposes of this Section, “heavy duty commercial vehicle” shall mean a single vehicle or combination of vehicles having more than two (2) axles, a single vehicle or combination of vehicles twenty (20') feet or more in length, or a single vehicle or combination of vehicles six (6') feet eight (8") inches or more in width, and shall include but shall not be limited to semi-trucks, dump trucks, moving vans, tractors and pole or pipe dollies.

The penalty for parking a commercial vehicle in violation of this Section shall be a fine of five hundred dollars ($500). (Ord. 410 § 1, 2005: Ord. 398 § 1 (part), 2004)

Article 11. Stopping, Standing or Parking Restricted or Prohibited on Certain Streets

Sec. 3-4.1101 Time Limit Parking.

The City Council by resolution may establish time limit parking zones. The Director of Public Works shall place and maintain appropriate signs or curb markings to designate time limit parking zones, and when such signs or curb markings are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle in excess of the period of time designated. In twenty-four (24) minute parking zones the face and top of the curb shall be painted green. Unless otherwise specifically provided, time limit parking shall be in effect between the hours of 8:00 a.m. and 6:00 p.m. on all days except Sundays and holidays.

Sec. 3-4.1102 Parallel Parking on One-Way Streets.

(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 one-way roadway unless signs are in place permitting such standing or parking.

(c) When the City Council has determined that standing or parking shall be prohibited upon the left-hand side of any one-way street or that 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, the Director of Public Works shall erect signs giving notice thereof.

(d) The requirement of parallel parking imposed by this section shall not apply in the event any commercial vehicle is actually engaged in the process of loading or unloading freight or goods in which case such vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby.

Sec. 3-4.1103 Parking on Unimproved Streets.

Unless otherwise posted, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or leave the vehicle off such portion of the street, but in every event an unobstructed width of the street opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the street. The provisions of this section shall not apply upon a street where the roadway is bounded by adjacent curbs.

Sec. 3-4.1104 Diagonal Parking.

On any of the streets or portions of streets established by resolution of the Council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:

(a) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space.

(b) With the front wheel nearest the curb within six (6) inches of said curb.

The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 3-4.1102(d) of this Chapter shall be complied with

Sec. 3-4.1105 Parking Space Markings.

The Director of Public Works is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbs where authorized parking is permitted.

When such parking space markings are placed on the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.

Sec. 3-4.1106 No Stopping Zones.

The City Council by resolution may establish no stopping zones. The Director of Public Works shall designate no stopping zones by placing and maintaining appropriate signs or curb markings indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited. During the hours and days designated on the signs, it shall be unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets so designated.

Article 12. Stopping for Loading or Unloading

Sec. 3-4.1201 Authority to Establish Loading Zones.

The City Council by resolution may establish commercial loading zones and passenger loading zones in any business district and 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. In no event shall more than one-half of the total curb length in any block be reserved for such zones. The Director of Public Works shall indicate such zones as follows:

(a) Commercial loading zones by yellow paint upon the top and face of all curbs within such zones.

(b) Passenger loading zones by white paint upon the top and face of all curbs within such zones.

Commercial loading zones and passenger loading zones may be established in limited parking spaces during specified hours of the day. When so established, the Director of Public Works shall place and maintain appropriate signs which shall clearly state the restriction to commercial loading zones or passenger loading zones and the hours of restriction. When such signs are in place no curb painting shall be required.

Sec. 3-4.1202 Curb Markings.

(a) The Director of Public Works is hereby authorized, subject to the provisions and limitations of this section, to place, and when required herein shall place, the following curb markings to indicate the regulations of this article, and such curb markings shall have the meanings as set forth in this section:

(1) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.

(2) Yellow shall mean no stopping, standing or parking at any time between the hours of 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 five (5) minutes nor the loading or unloading of materials more than twenty (20) minutes.

(3) White shall mean no stopping, standing or parking for any purpose other than loading or unloading passengers, or for the purpose of depositing mail in an adjacent mail box, which shall not exceed five (5) minutes, and such restrictions shall apply between the hours of 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 in front of a mail box 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) When the Director of Public Works has caused such 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.

Sec. 3-4.1203 Effect of Permission to Load or Unload.

(a) Permission granted pursuant to this article to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event for more than twenty (20) minutes.

(b) The loading or unloading of materials shall apply only to commercial deliveries and the delivery or pick-up of express and parcel post packages and United States mail and shall not apply to stopping for the purpose of effecting purchases.

(c) Permission granted, pursuant to this article 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 five (5) minutes.

(d) Within the total time limits specified, the provisions of this article shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges granted in this Chapter.

Sec. 3-4.1204 Standing in Commercial Loading Zones.

No person shall stop, stand or park a vehicle in any commercial loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 3-4.1203 of this article.

Sec. 3-4.1205 Standing in Passenger Loading Zones.

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 3-4.1203 of this article.

Sec. 3-4.1206 Standing in Alleys.

No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley.

Sec. 3-4.1207 Bus Zones.

The City Council by resolution may establish bus zones for the loading and unloading of buses or common carriers of passengers. The Director of Public Works shall place and maintain appropriate signs or curb markings to designate bus zones. If curb markings are used the face and top of the curb shall be painted red. No person shall stop, stand or park any vehicle except a bus in a bus zone.

Article 13. Restricted Use of Certain Streets

Sec. 3-4.1301 Truck Routes.

(a) The City Council by resolution may designate streets or portions of streets as streets the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three (3) tons. Such streets are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight of three (3) tons and the Director of Public Works shall place and maintain appropriate signs to designate such truck traffic routes.

(b) When any such truck traffic route is established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of three (3) tons shall drive on such route and none other; provided, however, that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three (3) tons coming from a truck traffic route having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries 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.

(c) The exception in (b) above shall permit only such deviation as is reasonably necessary and in no event shall be construed to allow truck traffic over non-designated streets within the City of Hercules on a routine, frequent or regular basis.

(d) The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission, or to any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. (Ord. 199 § 1, 1985)

Sec. 3-4.1302 Commercial Vehicles Prohibited from Using Certain Streets.

The City Council by resolution may designate streets or portions of streets as streets the use of which is prohibited by any commercial vehicle. Such streets are hereby declared to be streets the use of which is prohibited by any commercial vehicle. The Director of Public Works shall place and maintain appropriate signs on those streets so designated, and commercial vehicles shall not be driven upon such streets. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission or to passenger buses operated by the City.

Article 15. Trains

Sec. 3-4.1501 Railway Gates.

No person shall drive any vehicle through, around or under any crossing gate or bather at a railroad grade crossing while such gate or bather is closed or is being opened or closed.

Sec. 3-4.1502 Trains Not to Block Crossings.

No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten (10) minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car or similar vehicle on rails to stop at or near the scene of the accident.

Article 16. Special Speed Zones

Sec. 3-4.1601 Changed Speed Limits.

When the Director of Public Works has determined upon the basis of an engineering and traffic investigation that speed limits other than those prescribed by State law are necessary for the safe operation of vehicles, the City Council may by ordinance designate those streets or portions of streets where such changed speed limits shall apply. The Director of Public Works shall place and maintain appropriate signs giving notice of such speed limits.

Pursuant to the provisions of this section, changed speed limits are in effect on the following streets:

STREET LOCATION

SPEED LIMITS

ALFRED NOBEL DRIVE

 

John Muir Parkway to End

35

BAYBERRY STREET

 

Sycamore to End

40

BONAIRE AVENUE

 

Mandalay to End

25

CANTERBURY DRIVE

 

Brighton to Willow

25

CARSON STREET

 

Coronado to Refugio Valley

25

CORONADO STREET

 

Refugio Valley to Carson

30

Carson to End

25

FALCON WAY

 

Refugio Valley to Sparrow

25

HERCULES AVENUE

 

Village Parkway to Titan

25

Titan to Fawcett

25

HIGHWAY 4

 

San Pablo to City Limits

50

JAMES WATSON DRIVE

 

Linus Pauling to End

35

JOHN MUIR PARKWAY

 

San Pablo to Alfred Nobel Drive

35

LINUS PAULING DRIVE

 

San Pablo Avenue to End

35

LUPINE ROAD

 

Sycamore to Redwood

25

MANDALAY AVENUE

 

Refugio Valley to Grenadine

25

PALM/SYCAMORE AVENUE

City Limits to End

40

PARTRIDGE DRIVE

 

Pheasant to Refugio Valley

25

PHEASANT DRIVE

 

Refugio Valley to Turquoise

25

REDWOOD ROAD

 

Sycamore to Refugio Valley

25

REFUGIO VALLEY ROAD

 

Sycamore to Partridge

35

Partridge to Redwood

40

Redwood to Bonaire

40

SAN PABLO AVENUE

 

City Limit to City Limit

45

SANTA FE AVENUE

 

Hercules to Fawcett

25

Fawcett to Railroad

25

SHEPARD STREET

 

Coronado to End

25

SPARROW DRIVE

 

Partridge to Pheasant

25

SYCAMORE AVENUE

 

San Pablo to Civic Drive

35

Civic Drive to Palm/Sycamore

40

TURQUOISE DRIVE

 

Sycamore to Cinnabar

30

Cinnabar to Pheasant

25

VILLAGE PARKWAY

 

Hercules to Hercules

25

VIOLET ROAD

 

Lupine to Lupine

25

WILLOW AVENUE

 

City Limit to Highway 4

40

(Ord. 316 Div. 1, 1993)

Sec. 3-4.1602 Speed Regulation by Traffic Signals.

The Director of Public Works is hereby 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 place and maintain appropriate signs giving notice thereof.

Article 17. Preferential Parking Program

Sec. 3-4.1701 Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) “Residence” means a house, apartment, condominium, mobile home or other type of dwelling, in conformance with the City’s Zoning Ordinance and related zoning maps, having an address assigned consistent with the house numbering maps maintained by the City. An apartment having numbers or letters assigned in addition to the street address shall be deemed to be a residence.

(b) “Guest” means any person visiting or intending to visit, for any purpose, either a resident or merchant located in a preferential parking district.

(c) “Merchant” means a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district.

(d) “Permit” means a permit issued to an individual to park in a preferential parking district in the City.

(e) “Preferential parking district” or “district” means certain public streets or portions thereof, including residences and businesses adjacent thereto, designated by the resolution establishing the district, wherein vehicles displaying a valid permit applicable to that district shall be exempt from parking restrictions established pursuant to this Chapter.

(f) “Resident” means a person who lives in a residence located in a preferential parking district. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1702 Establishment of Districts.

(a) The City Council may by resolution, upon first convening a public hearing and providing notice to property owners of record and/or lawful lessees of properties within three hundred (300) feet of the proposed preferential parking district, designate a public street or streets, or portions thereof, together with residences and/or businesses adjacent thereto, as a preferential parking district.

(b) A proposal to create a preferential parking district may be brought to the City Council by staff, or at the City Council’s discretion, or upon receipt of a petition signed by no less than two-thirds (2/3) of all property owners of record and/or lawful lessees of properties comprising all developed frontage of the public street or streets proposed for designation. Any person signing such a petition may be required to provide satisfactory evidence that he or she satisfies the requirements of this Section. The City Council retains discretion to approve or disapprove petitions to create preferential parking districts, and may assign additional review to a Council committee, subcommittee, and/or the Planning Commission.

(c) When districts are formed by resolution, the resolution should identify various district parameters including but not limited to permit expiration dates, hourly parking limitations, eligibility criteria for permittees, and the number of permits to be issued. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1703 Issuance of Permits.

(a) Permits shall be issued by the City Manager or his or her designee. Each permit issued shall remain property of the City at all times.

(b) The number of permits to be issued to any one (1) residence or to any merchant’s business establishment, including its employees, shall be determined by the number of residents and merchants, as well as the parking conditions within each district, and shall be set forth in the resolution establishing the district.

(c) Permits may be issued only to the following persons: residents, merchants, employees of merchants, or guests within specified districts. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1704 Posting Signs in Preferential Parking Districts.

Upon the adoption by the City Council of a resolution designating a preferential parking district and the specific parking regulations applicable thereto, the City Manager shall cause signs to be erected in the district, indicating prominently thereon the parking restrictions and the fact that motor vehicles with valid permits shall be exempt therefrom. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1705 Exemption from Parking Restrictions.

(a) A motor vehicle displaying a valid permit affixed to the vehicle’s interior rear-view mirror, or displayed as otherwise directed by the Director of Public Works, may park or be parked in the district for which the permit is issued without being subject to parking restrictions in this Chapter or the resolution establishing the preferential parking district; provided, however, that nothing herein shall affect or excuse a violation of any other provision of this Code, the California Vehicle Code, the Streets and Highways Code, or any other laws applicable to the parking of motor vehicles.

(b) A preferential parking permit shall not guarantee or reserve to the permittee an on-street public parking space within any district. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1706 Vehicles Excepted from This Chapter.

No person shall, without a permit, park any motor vehicle in a preferential parking district in violation of any parking restrictions set forth herein or in a resolution establishing a preferential parking district, excepting the following:

(a) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in the district.

(b) Vehicles delivering life support and health commodities to residential areas or schools located in the preferential parking district.

(c) Police vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties.

(d) Any other vehicle expressly authorized by law to park within the district, notwithstanding the provisions of this Chapter. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1707 Application for and Term of Permit.

(a) Each person desiring to obtain a permit shall submit an application on such form as may be provided by the City, together with the filing fee as established by resolution of the City Council. No permit shall be issued unless the applicant is at least eighteen (18) years of age, possesses a valid California driver’s license, and is a resident or merchant within the district to be established. Residency shall be established by a valid driver’s license or at least two (2) utility bills, or other proof of residency that may be required by staff. Permit issuance is subject to terms and conditions as may be set forth in this Chapter or in the resolution establishing the district.

(b) Each permit shall be valid for the period set forth in the resolution establishing the district, and may be renewed in accordance with procedures set forth in that resolution or in the manner provided for a new permit if no such procedures have been established. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1708 Prohibited Activities.

(a) Unless exempted by provisions of this Chapter, no person shall park a motor vehicle in any preferential parking district in violation of any parking restrictions set forth in this Chapter or resolution establishing a preferential parking district.

(b) No person shall falsely represent himself/herself as eligible for a parking permit or furnish false information in an application for a permit.

(c) No permit issued pursuant to this Chapter shall thereafter be assigned, transferred or used for any consideration, monetary or otherwise. Only the person to whom a permit has been issued or his/her minor child with a valid California driver’s license or learner’s permit may use the permit. This Section does not apply to guest permits, which are governed by Section 3-4.1710.

(d) No person shall copy, produce or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking district permit.

(e) No person shall display a permit that has been revoked. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1709 Permit Revocation.

(a) The permit of any permittee who has violated the provisions of Section 3-4.1708(b), (c) or (d) may be immediately revoked upon written notice by the City of the permit revocation. Upon notification of such revocation, the permittee shall, within fifteen (15) business days of the date of such notice, either surrender the permit or file a written request with the City Clerk for a hearing before the City Manager or his or her designee.

(b) Any written request for a hearing must be received within said fifteen (15) day period to be considered timely, and upon receipt of a timely request, the revocation shall be stayed pending a final decision following the hearing.

(c) A hearing shall be held by the City Manager or designee, unless continued by agreement, no less than ten (10) business days after the date notice of the hearing is mailed by first class mail, postage prepaid, to the permittee. At the hearing, any person may present evidence or argument as to whether the permit should be revoked.

(d) The City Manager or designee may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision shall be final. If the decision to revoke is sustained following the hearing, the permittee shall, within twenty-four (24) hours, surrender the permit to the City Clerk.

(e) Any revoked permit not timely surrendered shall immediately be deemed null and void, and of no force or effect.

(f) No permittee who has had a permit revoked may reapply for another permit for twenty-four (24) months following the effective date of the revocation. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1710 Guest Permits.

Any rules governing the issuance of guest permits shall be as set forth in the resolution establishing the district. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1711 Dissolving a District.

The procedures set forth in Section 3-4.1702 shall be utilized by the City Council in determining whether to dissolve a preferential parking district. (Ord. 483 § 1 (part), 2015)

Sec. 3-4.1712 Penalties.

(a) It shall be unlawful for any person including but not limited to the registered owner of the vehicle to violate any provision, or fail to comply with any of the requirements, of Section 3-4.1708(a) through (e). Any person violating any said subsections or failing to comply with any of their requirements shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable by: (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year; or (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year. Any person violating this Chapter or causing or permitting a violation thereof shall be regarded as committing a separate offense on each day that the violation occurs or continues.

(b) Civil Remedies Available. A violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.

(c) The penalties in this Section are not exclusive, and are in addition to any other lawful penalties pursuant to State or local law. (Ord. 483 § 1 (part), 2015)