Chapter 10.04
TRAFFIC REGULATIONS

Sections:

10.04.010    Definitions.

10.04.020    Enforcement – City marshal – Duties.

10.04.030    City marshal – Powers of enforcement.

10.04.040    City marshal – Placement and maintenance of traffic-control devices.

10.04.050    Specifications of traffic-control devices.

10.04.060    Legitimacy of traffic signs.

10.04.070    Designation of crosswalks.

10.04.080    Intersections requiring stop signs.

10.04.090    Speed limit.

10.04.100    Pedestrians.

10.04.110    Riding animals and animal drawn vehicles on roadways.

10.04.120    Stopping, standing or parking prohibited – No signs required.

10.04.130    Parking adjacent to schools.

10.04.140    Parking prohibited on narrow streets.

10.04.150    No stopping, standing or parking near hazardous or congested places.

10.04.160    Load restrictions upon vehicles using certain streets.

10.04.170    Violation – Penalty.

10.04.010 Definitions.

For the purposes of this chapter:

“Commercial vehicle” means every vehicle designed, maintained, or used primarily for the transportation of property.

“Crosswalk” means:

A. That portion of a crossway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;

B. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

“Driver” means every person who drives or is in actual physical control of a vehicle.

“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

“Official traffic-control devices” means:

A. All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic;

B. “Traffic-control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

“Park,” when prohibited, means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

“Pedestrian” means any person afoot.

“Person” means every natural person, firm, co-partnership, association or corporation.

“Roadway” means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively.

“Stop,” when required, means complete cessation of movement.

“Street” or “highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

“Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any street for purposes of travel.

“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. [Ord. 112 § 1, 1955].

10.04.020 Enforcement – City marshal – Duties.

It shall be the duty of the chief of police to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to the traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with the city council and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specifically imposed upon the chief of police by this chapter and any other traffic ordinances of this city. He shall keep a record of all violations of the traffic ordinances of this city. [Ord. 112 § 2, 1955].

10.04.030 City marshal – Powers of enforcement.

The city marshal, by and with the consent of the city council, is empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make and enforce temporary or experimental regulations to cover emergency or experimental conditions. No such temporary or experimental regulation shall remain in effect for more than 90 days. [Ord. 112 § 3, 1955].

10.04.040 City marshal – Placement and maintenance of traffic-control devices.

The chief of police shall place and maintain traffic-control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of the ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law, or to guide or warn traffic. [Ord. 112 § 6, 1955].

10.04.050 Specifications of traffic-control devices.

All traffic-control signs, signals, and devices shall conform to the manual and specifications approved by the State Highway Commission. All signs and signals required hereunder for a peculiar purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic-control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic-control devices. [Ord. 112 § 7, 1955].

10.04.060 Legitimacy of traffic signs.

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. [Ord. 112 § 9, 1955].

10.04.070 Designation of crosswalks.

The chief of police, by and with the consent and approval of the city council, is authorized:

A. To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary;

B. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. [Ord. 112 § 11, 1955].

10.04.080 Intersections requiring stop signs.

The chief of police, by and with the consent of the city council, is authorized to determine and designate intersections where particular hazard exists and to determine whether vehicles shall stop at one or more entrances to any such stop intersection, and shall erect a stop sign at every such place where a stop is required. [Ord. 112 § 12, 1955].

10.04.090 Speed limit.

No vehicle shall be operated upon any street in any public or residential district in the city at a speed greater than that posted by the city. The chief of police shall erect or cause to be erected appropriate signs giving notice of such speed limits at such place as will accomplish such purposes; providing, however, that the speed limit in front of any school shall be 15 miles per hour and appropriate signs giving notice of such shall be erected. [Ord. 93-11 § 1, 1993; Ord. 112 § 21, 1955].

10.04.100 Pedestrians.

A. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

B. No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

C. Pedestrians Walking Along Roadways.

1. Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon an adjacent roadway.

2. Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

D. Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. [Ord. 90-204 § 1, 1990; Ord. 112 § 22, 1955].

10.04.110 Riding animals and animal drawn vehicles on roadways.

Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application. [Ord. 112 § 4, 1955].

10.04.120 Stopping, standing or parking prohibited – No signs required.

A. No person shall, stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:

1. On a sidewalk;

2. In front of a public driveway;

3. Within an intersection;

4. Within 15 feet of a fire hydrant;

5. On a crosswalk;

6. Within 20 feet of a crosswalk at an intersection;

7. Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;

8. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

9. On a roadway side of any vehicle stopped or parked at the edge or curb of a street;

10. At any place where official signs prohibit stopping.

B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

C. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.

D. No person shall park a vehicle upon any roadway for the principal purpose of:

1. Displaying such vehicle for sale;

2. Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. [Ord. 112 § 23, 1955].

10.04.130 Parking adjacent to schools.

A. The chief of police, by and with the consent and approval of the city council, is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

B. When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. [Ord. 112 § 24, 1955].

10.04.140 Parking prohibited on narrow streets.

A. The chief of police, by and with the consent of the city council, is authorized to erect signs 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 when the width of the roadway does not exceed 30 feet.

B. When official signs 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. [Ord. 112 § 25, 1955].

10.04.150 No stopping, standing or parking near hazardous or congested places.

A. The chief of police is authorized to determine and designate by proper signs, places not exceeding 100 feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

B. When official signs are erected at hazardous or congested places as authorized herein no person shall stop, stand, or park a vehicle in any such designated place.

C. The chief of police is authorized and instructed to erect and maintain signs prohibiting the parking of vehicles at any time on the following streets or portions of streets:

1. The north side of Main Street between View Street and Ocean Avenue. [Ord. 112 § 26, 1955].

10.04.160 Load restrictions upon vehicles using certain streets.

When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of three tons at any time upon any street within the city limits of the city; excepting, however, U.S. Highway 101; provided, however, that commercial vehicles exceeding 10 tons gross weight may be operated on any such streets for the purpose of delivering or picking up materials or merchandise, but then only by the most direct route between U.S. Highway 101 and the point of destination. [Ord. 112.1 § 1, 1956; Ord. 112 § 27, 1955].

10.04.170 Violation – Penalty.

It is an infraction for any person to do any act forbidden or fail to perform any act required in this chapter. No person shall willfully fail or refuse to comply with any lawful order or direction of the chief of police. Any person violating this chapter shall be subject to such lawful fine or punishment as the court may direct. [Ord. 90-204 § 2(N), 1990; Ord. 112 § 5, 1955].