CHAPTER 11
MOTOR VEHICLES AND TRAFFIC

Article I. Definitions.

11.1 Definitions.

The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meaning respectively ascribed to them in this article. (Ord. No. 69-21, § 1.)

11.1.1 Motor 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 and amendments thereto, such definitions shall apply. (Ord. No. 69-21, § 1.)

11.1.2 Council.

The council of the city. (Ord. No. 69-21, § 1.)

11.1.3 Divisional island.

A raised or painted island or area which is located in the roadway and which separates opposing or conflicting streams of traffic. (Ord. No. 69-21, § 1.)

11.1.4 Holidays.

Within the meaning of this chapter, holidays are all days recognized by the state as legal holidays. (Ord. No. 69-21, § 1.)

11.1.5 Loading zone.

The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (Ord. No. 69-21, § 1.)

11.1.6 Public safety officer.

Every officer of the police department of this city or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (Ord. No. 69-21, § 1.)

11.1.7 Traffic engineer.

The director of public works or his authorized representative. (Ord. No. 69-21, § 1.)

11.1.8 Traffic regulations.

Any ordinances or resolutions of the city council passed for the purposes of regulating or controlling traffic. (Ord. No. 69-21, § 1.)

11.1.9 Restricted parking.

"Restricted Permit Parking Area" shall mean those portions of public streets designated by resolution of the City Council as a "Restricted Permit Parking Area." Parking in this area shall be restricted during certain hours of the day to residents and guests issued a parking permit by the Fairfield Chief of Police or his designee. (Ord. No. 96-15, § 1.)

Article II. Traffic Administration.

11.2 Powers of police department.

It shall be the duty of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to issue citations, to make arrests for traffic violations, to cooperate with the traffic engineer 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 specially imposed upon the department by this chapter and the traffic ordinances of this city. (Ord. No. 69-21, § 1.)

11.2.1 Powers and duties of traffic engineer; delegation of duties.

It shall be the general duty of the traffic engineer to determine the installation and proper timing and maintenance of traffic control devices and signals, traffic regulation and informational signs and roadway markings, to conduct engineering analyses of traffic accidents and to devise remedial measures subject to limitations as imposed by this chapter or other city ordinances, to conduct engineering and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions, to maintain a current record map of all authorized signs, signals and markings and to carry out such additional powers and duties as may be assigned. (Ord. No. 69-21, § 1.)

Article III. Enforcement and Obedience to Traffic Regulations.

11.3 Authority of police department officials.

Officers of the police department and such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except 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 to the contrary contained in this chapter or the state vehicle code. (Ord. No. 69-21, § 1.)

11.3.1 Persons other than officials shall not direct traffic.

No person other than an officer of the police department or a person authorized to do so by the chief of police, traffic engineer or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as herein provided, any mechanical pushbutton signal erected by order of the traffic engineer. (Ord. No. 69-21, § 1.)

11.3.2 Obedience to public safety and authorized officers.

No person shall fail or refuse to comply with any lawful order, signal or direction of the traffic or public safety officer, a person authorized by the chief of police, traffic engineer or law. (Ord. No. 69-21, § 1.)

11.3.3 Traffic regulations apply to persons riding bicycles or animals.

Every person riding a bicycle or riding or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter, except those provisions which by their very nature can have no application. (Ord. No. 69-21, § 1.)

11.3.4 Obstruction or interference with public safety or authorized officers.

No person shall interfere with or obstruct in any way any public safety officer or other officer or employee of this city in the enforcement of the provisions of this chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any public safety officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction. (Ord. No. 69-21, § 1.)

11.3.5 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 seventy two or more consecutive hours.

(b)    Any vehicle which is parked or left standing upon a street or highway when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal or when such vehicle constitutes a traffic hazard.

(c)    Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation or repair of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty four hours prior to the removal. (Ord. No. 69-21, § 1.)

(d)    Any vehicle parked in a fire lane on public or private property, designated as such by the Fire Department pursuant to Vehicle Code Section 22500.1, when such area is also posted with signs giving notice of such removal. (Ord. No. 96-13, § 1.)

11.3.6 Removal of abandoned vehicle when a hazard.

Any peace officer or other employee designated by the chief of police may remove immediately upon discovery any vehicle which is parked, resting, or otherwise immobilized on any street, highway or public right-of-way and which lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the streets and highways. Such a vehicle is determined to be abandoned pursuant to vehicle code section 22523 and is hereby declared a hazard to public health, safety and welfare pursuant to vehicle code section 22669(d). (Ord. No. 93-22, § 1.)

Article IV. Special Stops Required.

11.4 Traffic engineer to erect stop signs.

The traffic engineer is authorized to and 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, at those entrances to other intersections where an engineering study shows that a stop is required and at any railroad grade crossing so designated; provided, that 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. (Ord. No. 69-21, § 1.)

11.4.1 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 or driveway. (Ord. No. 69-21, § 1.)

Article V. Miscellaneous Driving Rules.

11.5 Driving through funeral procession.

No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade, if 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. (Ord. No. 69-21, § 1.)

11.5.1 Clinging to moving vehicle.

No person shall attach himself with his hands or catch on 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. (Ord. No. 69-21, § 1.)

11.5.2 Commercial vehicles using private driveways.

No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. For the purpose of this section, a commercial vehicle shall mean a vehicle having a rated capacity in excess of one half ton. (Ord. No. 69-21, § 1.)

11.5.3 New pavement and markings.

No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking or when any such device is in place indicating that the street or any portion thereof is closed. (Ord. No. 69-21, § 1.)

11.5.4 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. (Ord. No. 69-21, § 1.)

11.5.5 Motorized cycles using private driveways, public walkways, bicycle paths and trails.

No person shall operate or drive a motor driven bicycle, in, on, or across any private driveway approach, sidewalk area, public walkway, bicycle path or trail without the consent of the owner or occupant of the property. (Ord. No. 69-21, 1; Ord. No. 72-11, § 1.)

11.5.6 Bicycle routes and crossings.

The traffic engineer is hereby authorized to designate and maintain, by appropriate signs, or by paint upon roadway surfaces, such bicycle routes, lanes or paths as the city council shall establish. The signing shall include, but not be limited to, the establishment of bicycle crossings at locations where traffic conditions warrant. (Ord. No. 72-11, § 2.)

11.5.7 Load limits in residence districts.

Subject only to the exceptions required by sections 35701(a), 35703 and 35704 of the state Vehicle Code, no person shall operate, drive, or park a vehicle exceeding ten thousand pounds (five tons) gross weight, including vehicle and load, within a "residence district," as defined in Section 515 of the state Vehicle Code. In accordance with section 35701(b) of the state Vehicle Code, the department of Public Works shall erect and maintain signs calculated to give public notice of this weight restriction. (Ord. No. 74-20, § 2; Ord. No. 76-10, § 1, Ord. 2002-15, § 2.)

11.5.8 Weight limitation on Cordelia Road.

(a)    Pursuant to section 35701 of the vehicle code, commercial vehicles exceeding a gross weight of 14,000 pounds are prohibited on Cordelia Road between Pittman Road and Hale Ranch Road.

(b)    Those vehicles defined in vehicle code section 35714, subsections (a), (c), (d), (e), and (g) and section 545 shall be exempted from this prohibition. (Ord. No. 76-24, § 1; Ord. No. 81-25, § 1.)

11.5.9 Failure to observe barriers closing flooded streets.

(a)    Any person who fails to observe any suitable barrier or obstruction placed upon a street by the department of public safety or department of public works to indicate a road is closed to vehicular traffic when there is standing water in the street shall be guilty of a misdemeanor as provided in subsection (b).

(b)    A violation of this section shall be punishable by a fine not to exceed $150.00. (Ord. No. 86-5, § 1.)

11.5.10 Weight limitations on Hale Ranch Road. (Ord. 2002-01, § 1.)

(a)    Pursuant to section 35701 of the vehicle code, commercial vehicles exceeding a gross weight of 10,000 pounds are prohibited on Hale Ranch Road.

(b)    Those vehicles defined in vehicle code section 35714, subsections (a), (c), (d), (e) and (g) and section 545 shall be exempted from this prohibition. (Ord. No. 86-12, § 1.)

11.5.11 Weight limitations on Cement Hill Road.

(a)    Pursuant to section 35701 of the vehicle code, commercial vehicles exceeding a gross weight of 14,000 pounds are prohibited on Cement Hill Road between Clay Bank Road and Peabody Road.

(b)    Those vehicles defined in vehicle code section 35714, subsections (a), (c), (d), (e) and (g) and section 545 shall be exempted from this prohibition.

11.5.12 Weight limitations on Hilborn Road.

(a)    Pursuant to Section 35701 of the vehicle code, commercial vehicles exceeding a gross weight of 10,000 pounds are prohibited on Hilborn Road between Lyon Road/North Texas Street and Air Base Parkway/Waterman Boulevard.

(b)    Those vehicles defined in vehicle code section 35714, subsections (a), (c), (d), (e) and (g) and Section 545 shall be exempted from this prohibition. (Ord. No. 2002-04, § 1.)

Article VI. Pedestrian Regulations.

11.6 Traffic engineer to establish marked crosswalks.

(a)    The traffic engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks, or lines upon the surface of the roadway as follows:

Crosswalks shall be established and maintained at all intersections where the traffic engineer determines that there is a particular hazard to pedestrians crossing the roadway, except that no crosswalks shall be established in any block which is less than four hundred feet in length and such crosswalks shall be located as nearly as practicable to the middle of the block.

(b)    The traffic engineer may place signs indicating no crossing at any given intersection. (Ord. No. 69-21, § 1.)

11.6.1 When pedestrians must use crosswalks.

No pedestrian shall cross a roadway other than by a crosswalk in any business district as defined in the state vehicle code. (Ord. No. 69-21, § 1.), Ord. 2002-14, eff. 8/1/02)

11.6.2 Pedestrians prohibited on Air Base Parkway.

No pedestrian shall walk within the right of way of Air Base Parkway, except within marked crosswalks. (Ord. No. 69-21, § 1; Ord. No. 80-6, § 1.)

11.6.3 Skateboard riding prohibited.

From 10 am to 5 pm, Monday through Saturday, no person shall ride a skateboard on a sidewalk on Texas Street between Pennsylvania Avenue and Jefferson Street. (Ord. No. 90-26, § 1.)

11.6.4 Skating and Bicycling Prohibited - Public Property.

In order to promote public safety and pursuant to the authority granted under Sections 21113(f), 21967 and 21969 of the California Vehicle Code, no person shall ride, propel or operate a skateboard, roller skates or in-line skates or ride a bicycle on public property under the jurisdiction of the City of Fairfield when such property has been designated and posted as an area where such activity is prohibited. The Director of Public Works is authorized to designate and post signs indicating those areas of public property where riding, propelling or operating a skateboard, roller skates or in-line skates or riding a bicycle is prohibited. (Ord. No. 98-12, § 1.)

Article VII. Stopping, Standing or Parking for Certain Purposes or in Certain Areas.

11.7 Traffic engineer to maintain no stopping zones and no parking areas.

The traffic engineer 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 such 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 parking or sign in violation of any of the provisions of this chapter. (Ord. No. 69-21, § 1.)

11.7.1 No parking areas.

No operator of any vehicle shall stop, park or leave standing such vehicle in any of the following places:

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

(b)    In any area where the traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property when such area is indicated by appropriate signs or red paint upon the curb surface.

(c)    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 twenty four hours prior to the effective time of such no parking. (Ord. No. 69-21, § 1.)

(d)    In any Restricted Permit Parking Area, without lawfully obtained permit issued by the Chief of Police or the Chief’s designee pursuant to the resolution establishing that Restricted Permit Parking Area, authorizing such parking, during the hours of restriction posted on any traffic control device. (Ord. No. 96-15, § 2.)

11.7.2 Use of streets for vehicle, boat, etc., storage prohibited.

No person who owns or has possession, custody, or control of any motorized or unmotorized vehicle including, but not limited to, trailers, boats, etc., shall park such motorized or unmotorized vehicle upon any street, alley, or public parking lot for more than a consecutive period of seventy two hours. (Ord. No. 69-21, § 1; Ord. No. 73-3, § 1.)

11.7.3 Establishment of bus stops in no parking zones.

The traffic engineer shall be responsible for locating, posting and marking bus stop locations which have been approved by the city council.

Any bus company which is carrying passengers intra city, including Travis Air Force Base, and which has obtained a permit from the state of public utilities commission for same and is complying with the provisions and restrictions of such permit, shall have the right to use the designated bus stop areas; provided, that such bus company carries public liability and property damage insurance in which the city is an additional insured covering any accidents which may occur through the use of such bus stops by such bus company, with the limits of such insurance being one hundred thousand dollars and three hundred thousand dollars for personal liability and forty thousand dollars for property damage. As a further condition for the use of such bus stops and to insure the proper regulation and transportation of passengers, the bus company using same shall be required to establish and publish a schedule for its bus route, including stops at locations mutually agreed upon by the city and the bus company on West Texas Street, in the city. (Ord. No. 69-21, § 1.)

11.7.4 Repairing or greasing vehicles on public streets, Highways or City owned or operated parking facilities.

Excepting emergency repairs, no person shall construct, repair, grease or dismantle any vehicle or any part thereof upon any public street or highway or City owned or operated parking facility. (Ord. No. 2002-08,§ 1.)

11.7.5 Parking on grades.

No person shall park or leave standing any vehicle on a highway when upon any grade exceeding three percent without blocking the wheels of such vehicle or by turning them against the curb. (Ord. No. 69-21, § 1.)

11.7.6 Emergency parking signs.

(a)    Whenever the traffic engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gathering or functions or for other reasons, the traffic engineer 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 the traffic engineer shall direct during the time such temporary signs are in place.

Such signs shall remain in place only during the existence of such emergency and the traffic engineer 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. (Ord. No. 69-21, § 1.)

Article VIII. Stopping, Standing, or Parking Restricted or Prohibited in Certain Areas.

11.8 Parking or stopping on public premises, streets or highways in violation of posted signs or curb markings.

(a)    No motor vehicle shall be parked or stopped on streets or highways in violation of posted signs or curb markings which restrict or prohibit the parking or stopping of such vehicle.

(b)    No motor vehicle shall be parked on streets or highways for a period in excess of the time permitted by the posted signs or curb markings.

(c)    No person shall park or leave standing a motor vehicle in or upon any off-street property of the City in violation of posted signs or curb markings unless such person first shall have obtained permission for such use as evidenced by a writing, a sign or other physical evidence of invitation or permission.

(d)    A vehicle parked in violation of paragraphs (a)-(c) may be towed as indicated on posted signs. (Ord. 69-21, § 1; Ord. 73-3, § 1; Ord. 2002-08, § 2, Ord. 2005-19, § 1.)

11.8.1 Parking of trucks loaded with flammables within city.

No person shall park or leave standing on any public right of way any vehicle loaded with flammables or explosives, except for loading or unloading. (Ord. No. 69-21, § 1.)

11.8.2 Parking commercial vehicles in residence districts.

No person shall park any commercial vehicle having a manufacturer’s gross vehicle weight rating of ten thousand pounds or more in any residence district for longer than two hours.

This section shall not apply to the parking of a commercial vehicle in a residence district where such vehicle is making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted streets or highways 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 the restricted streets or highways for which a building permit has previously been obtained. (Ord. No. 76-10, § 1.)

11.8.3 Marked parking spaces.

(a)    The traffic engineer may cause streets, highways, and city owned or operated off-street parking facilities to be marked with lines or other markings designating parking spaces.

(b)    Where streets, highways, or city owned or operated parking facilities have been marked with lines or other markings designating parking spaces, no person shall park or leave standing any vehicle except within the marked parking spaces. Parking in a non-marked parking space may result in citing and/or towing of the vehicle as indicated on signs posted in the parking facility. (Ord. 2002-08, § 3.)

(c)    Where the parking spaces described in paragraph (b), above, have also been marked with colored lines that are painted or marked perpendicular to the lines or other markings that designate the parking space, such colored lines or markings indicate the maximum length a vehicle can be in order to park in that space. No person shall park or leave standing any vehicle in that parking space if the length of the vehicle exceeds the colored line designating the maximum length of the parking space. Parking a vehicle that extends beyond the colored line may result in towing of the vehicle as indicated on signs posted in the parking facility.

(d)    The traffic engineer may cause streets, highways and city owned or operated off-street parking facilities to be designated with parking stalls or spaces for disabled persons. Vehicles parked in these spaces without a valid special identification license plate issued pursuant to §5007 of the California Vehicle Code or a distinguishing placard issued pursuant to §22511.55 or 22511.59 of the California Vehicle Code may be cited and/or towed as indicated on posted signs. (Ord. No. 79-38, § 1, Ord. No. 2005-19, §2.)

(e)    This subsection became effective as of July 1, 2003, when the zero-emission vehicle (ZEV) decals were available.

The traffic engineer may designate stalls or spaces in an off-street parking facility owned or operated by the City for the exclusive purpose of fueling and parking a vehicle that displays a valid ZEV decal issued by the Department of Motor Vehicles pursuant to Section 22511 of the California Vehicle Code. The ZEV decal shall be posted on the driver’s side rear window or bumper of the vehicle or, if the vehicle does not have a rear window or bumper, on the driver’s side of the windshield.

Stalls or spaces shall be designated by the traffic engineer by posting a sign in compliance with Section 22511 of the California Vehicle Code. Any vehicle parked in these spaces without a valid ZEV decal may be cited and/or towed as indicated on posted signs. (Ord. 2005-19, § 2.)

11.8.4 Parking on private property.

The size of the signs required by California Vehicle Code § 22658(a) shall be a minimum of 17" x 22" and shall not exceed 18" by 24". The minimum letter size shall be 1". (Ord. No. 83-5, § 1; Ord. No. 86-7, § 1.)

11.8.5 Parking of commercial vehicles on streets designated by resolution.

No person shall park any truck, tractor, trailer, or commercial vehicle whose manufacturer’s gross vehicle weight rating is five tons or more, or whose weight carrying capacity is one ton or more, on any street which by resolution the city council has designated this section applicable, except when such vehicle is making pickups or deliveries of goods from or to any building located on the restricted street. (Ord. No. 84-33, § 1.)

11.8.6 Height Restrictions on parking of vehicles on streets designated by resolution.

No person shall park any vehicle whose height (including any load thereon) is eight (8) feet, or greater, on any street which by resolution of the city council has designated this section applicable. (Ord. No. 86-32, § 1.)

11.8.7 Payment of fees in off-street parking facilities.

(a)    No person shall park in any City owned off-street parking facility at any time without payment of the established fees. Parking fees shall not go into effect until proper signage is posted.

(b)    No fee shall be charged to nor collected from any officer or employee of the City for the parking of a city-owned vehicle in City owned off-street parking facilities at such times when such officer or employee is engaged in public business of the City. In addition, the City Manager (or designee) may authorize specified officers and employees of the City to park their private vehicles in designated City owned off-street parking facilities during such times when the officers and employees are engaged in official public duties.

(c)    Any motor vehicle parked in City owned off-street parking facilities at any time without payment of established fees may be cited or towed at owner’s expense in accordance with posted signs. (Ord. No. 2015-12, § 1.)

Article IX. Stopping for Loading or Unloading Only.

11.9 Authority to establish loading zones.

(a)    The traffic engineer 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 purposes.

(c)    Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.

(d)    Passenger loading zones shall be indicated by white paint upon the top of all curbs in such zones. (Ord. No. 69-21, § 1.)

11.9.1 Curb markings to indicate no stopping and parking regulations.

(a)    The traffic engineer 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 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 designated as a bus zone.

(2)    White shall mean 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 mail box which shall not exceed three minutes and such restrictions shall apply between 9:00 A.M. and 5:00 P.M. of any day except Sundays and holidays and except as follows:

a.    When such zone is in front of a motel or in front of a mail box, the restriction shall apply at all times.

b.    When such zone is in front of a theater or assembly hall, the restrictions shall apply at all times except when such theater or assembly hall is closed.

(3)    Yellow shall mean no stopping, standing or parking at any time between 9:00 a.m. and 5:00 p.m. of any day except Sundays and holidays for any purpose other than the loading and unloading of passengers or materials; provided, that the loading and unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes.

(4)    Green shall mean time limit parking with the time limit painted on the curb or stated on a sign placed at or near the face of curb.

(5)    Blue indicates parking limited exclusively to the vehicles of physically handicapped persons.

(b)    When the traffic engineer, 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 provisions of this section. (Ord. No. 69-21, § 1; Ord. No. 73-3, § 1; Ord. No. 96-8, § 1.)

11.9.2 Standing in an 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. No. 69-21, § 1.)

Article X. Special Speed Zones.

11.10 Repealed. (Ord. No. 78-52, § 1.)

11.10.1 Repealed. (Ord. No. 78-52, § 1.)

11.10.2 Regulation of speed by traffic signals.

The traffic engineer 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. No. 69-21, § 1.)

11.10.3 Rapid acceleration causing tire marks.

No person shall operate a vehicle on a street or alley of the city so that by rapid acceleration wheel friction tire rubber marks are left on the surface. (Ord. No. 69-21, § 1, Ord. No. 81-12, § 1.)

Article XI. Operation of Motor Vehicles on Certain Public and Private Property.

11.11 Findings.

The city council finds and declares that numerous motor vehicles have been driven in and upon unimproved lands located within the boundaries of the city causing serious soil erosion of slopes, hills, washes, gullies and ravines.

The city council further finds and declares that the excessive noise and dust emanating from and caused by such motor vehicles being driven upon and operated off the public roads and upon the unimproved lands within the city has tended to and does create a public nuisance by disturbing the quiet and repose of the citizens of the city so as to interfere with the comfortable enjoyment of life and property. (Ord. No. 75-29, § 1.)

11.11.1 Operation of vehicles near dwellings.

No person shall operate a motor vehicle, including a motorcycle or motor driven cycle, as such are defined in the state vehicle code, on unimproved private or public property, closer than two thousand feet from the nearest dwelling, except as provided in this article. (Ord. No. 75-29, § 1, Ord. No. 79-40, § 1.)

11.11.2 Written permission required for operation of vehicles on unimproved land.

No person shall operate any motor vehicle, including a motorcyle or motor driven cycle, as such are defined in the state vehicle code, on unimproved private or public property within the city without first having obtained the prior written permission of the owner thereof. Nothing in this section shall be construed so as to permit the operation of such motor vehicles in violation of section 11.11.1. Any person operating a motorcycle with such prior written permission shall have such permission within his immediate possession at all times while operating a motor vehicle upon such unimproved land. (Ord. No. 75-29, § 1.)

11.11.3 Noise limitation.

No person shall operate on public or private property, other than a public street or highway, a motor vehicle, including a motorcycle or motor driven cycle, as is defined by the state vehicle code, at any time or under any condition of grade, load, acceleration or deceleration, in such a manner as to exceed the noise limit established for the type of vehicle being operated by the state vehicle code. (Ord. No. 75-29, § 1.)

11.11.4 Exceptions to regulations.

The provisions of this article shall not prohibit the operation of motor vehicles when such motor vehicles are:

(a)    Authorized emergency vehicles as defined in the state vehicle code section 165; or

(b)    Operated upon property used for raceways, racing stadiums or racing facilities, which are authorized under the ordinances of the city; or

(c)    Operated upon parking lots or structures open to the public, or private parking lots or structures operated solely for ingress to egress from such parking area and parking; or

(d)    Operated upon property primarily used for motor vehicle, motorcycle or motor driven cycle retail or wholesale sales, service or repair, manufacture or distribution, but operated in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood; or

(e)    Generally used in conjunction with commercial, industrial or office uses and used solely in conjunction with such uses, and in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood; or

(f)    Operated upon private roadways or easements necessary for ingress to and egress from property used for those purposes designated in subsections (b), (c), (d), and (e) above, and for no other purposes; or

(g)    Operated upon public streets and highways; or

(h)    Operated on property actually used for residential purposes, which such motorcycles or motor driven cycles are on such property at the express or implied invitation of the owner or occupant, and when such use is solely for ingress to or egress from residential property. (Ord. No. 75-29,§ 1.)

11.11.5 Operation of motor vehicle in offstreet parking Facilities in violation of posted signs.

No motor vehicle shall be operated in offstreet parking facilities in violation of posted signs which restrict the speed or otherwise regulate the operation of such vehicle. (Ord. 2002-08, § 4.)

Article XII. Cruising.

11.12 Definitions.

Whenever the following words are used in this article, they shall have the meanings respectively ascribed to them:

(a)    The term "core area" shall mean that area in the City of Fairfield consisting of Texas Street bounded by Beck Avenue on the west and Marigold Drive on the north, and shall include the boundary streets just mentioned.

(b)    The words "traffic control point" shall refer to any of the following intersections: West Texas and Beck Avenue; West Texas and Fifth Street; West Texas and Gregory; West Texas and Second Street; West Texas and First Street; Texas Street and Pennsylvania Avenue; Texas and Great Jones Streets; Texas and Taylor Streets; Texas and Madison Streets; Texas and Jackson Streets; Texas and Webster Streets; Texas and Jefferson Streets; Texas Street and Union Avenue; Texas and Washington Street; Texas and Clay Street; State Street and North Texas; Taft Street and North Texas; Empire Place and North Texas; East Kentucky and North Texas; East Tennessee and North Texas; Utah Street and North Texas; Bell Avenue and North Texas; East Wyoming Street and North Texas; Travis Blvd. and North Texas; Wisconsin Street and North Texas; Oak Street and North Texas; Acacia Street and North Texas; East Tabor Avenue and North Texas; East Pacific Avenue and North Texas; East Alaska Avenue and North Texas; Airbase Parkway and North Texas; Atlantic Avenue/Cement Hill Road and North Texas; Hawthorne Drive and North Texas; and Marigold Drive and North Texas.

(c)    The word "cruising" shall mean the repetitive driving of a motor vehicle past a traffic control point in traffic which is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point shall be a violation of this ordinance. (Ord. 91-15, § 1.)

11.12.1 Cruising prohibited.

Cruising is prohibited in the core area each evening from 6:00 p.m. until 3:00 a.m. the next morning.

11.12.2 Prerequisites to violation of Sec. 11.12.1.

No person shall be guilty of cruising unless he or she:

(a)    After having been observed driving past the control point on a previous driving trip, has been warned that he or she is cruising upon further driving past the control point. This warning shall be printed in bold and legible type, in the English language upon a card not smaller than four inches by six inches (4 x 6), which card shall be handed to the person being warned. The card shall also state the prohibition set forth in section 11.12.1 of this article, and the definition of "cruising" set forth in section 11.12 of this article; and

(b)    After having been so observed and warned, has again driven past the control point which he or she drove past earlier in the same 6:00 p.m. to 3:00 a.m. period.

11.12.3 Signs.

Signs shall be erected at the beginning and end of the portion of the street subject to cruising control that briefly and clearly state the appropriate provisions of this ordinance and vehicle code section 21100(k).

11.12.4 Penalty.

Violation of this article shall be an infraction punishable as provided in section 1.7 of this code. (Ord. No. 85-19, § 1.)

Article XIII. Enforcement of Vehicle Code on Private Streets.

11.13 Authority.

The following procedure is established in accordance with Vehicle Code § 21107.7.

11.13.1 Definitions.

"Privately owned and maintained roads" includes roads owned and maintained by a city, county or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel.

11.13.2 Rancho Solano private roads.

a)    The "Rancho Solano Private Roads" are all of the private roads located within the real property described in Exhibit B to the "Development Agreement for the Rancho Solano Development, dated April 12, 1985 and recorded June 12, 1985, in Book 1985, Page 50327 as Instrument 25637 of the Official Records of Solano County".

b)    The Rancho Solano is a common interest development as defined by section 1351 of the civil code. The Rancho Solano Master Association has, pursuant to a resolution of its Board of Directors, submitted to the City a petition as required by section 21107.7 of the vehicle code.

c)    Chapter 11 of the Fairfield city code shall apply to the Rancho Solano private roads.

d)    The provisions of the California vehicle code shall apply to the Rancho Solano private roads.

e)    Signs. The city traffic engineer shall determine the appropriate placement of stop signs on the Rancho Solano private roads as described in Fairfield city code § 11.4 and vehicle code § 21107.5. No stop sign shall be placed or erected on the Rancho Solano private roads without the prior approval of the traffic engineer.

f)    Parking. No parking shall be allowed on the Rancho Solano private roads between the hours of 2:00 am and 5:00 am. (Ord. No. 90-21, § 1.)

11.13.3 Castle Rock private roads.

a)    The "Castle Rock Private Roads" are all of the private roads located within the real property described in Exhibit A to the "Development Agreement for the Castle Rock

Development, recorded both October 31, 1984 (in book 27, page 19) and July 31, 1986 (in book 29, page 95) in the Official Records of Solano County."

b)    Castle Rock is a common interest development as defined by section 1351 of the civil code. The Castle Rock Master Association has, pursuant to a resolution of its Board of Directors, submitted to the city a petition as required by section 21107.7 of the California Vehicle Code.

c)    Chapter 11 of the Fairfield City Code shall apply to the Castle Rock private roads.

d)    The provisions of the California Vehicle Code shall apply to the Castle Rock private roads.

e)    Signs. The City traffic engineer shall determine the appropriate placement of stop signs on the Castle Rock private roads as described in Fairfield City Code §11.4 and Vehicle Code §21107.5. No stop sign shall be placed or erected on the Castle Rock private roads without the prior approval of the traffic engineer.

f)    The Castle Rock Homeowner’s Association shall be responsible for erecting and maintaining proper signage pursuant to Section 21107.7 of the California Vehicle Code notifying travelers that the private roads are subject to the provisions of this code and the California Vehicle Code. (Ord. No. 99-8, § 1.)

Article XIV. Employer Based Trip Reduction Program to Reduce Traffic Congestion in the City of Fairfield.

11.14 Purpose.

The purpose of this ordinance is to establish Transportation Management Program (TMP) requirements for employers located in the City of Fairfield, in the furtherance of the provisions of Proposition 111 passed by the voters in the State in June 1990, the California Clean Air Act passed by the State legislation in September 1988, and the City’s General Plan. These requirements will promote alternative commute modes and reduce the total number of vehicles trips as part of a program to achieve the following objectives:

Reduce peak period traffic and congestion by decreasing the number of single occupant vehicle trips associated with commuting;

Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;

Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards;

Establish TMP goals for employers so that a significant number of their employees are encouraged to arrive at the work site by means other than single occupant vehicles.

11.14.1 Findings.

The City of Fairfield hereby finds and declares that:

A.    The City of Fairfield is projected by both the State and the Bay Area Association of Governments to experience significant growth in population which will result in substantial increases in traffic volume;

B.    The geographic and meteorological conditions in the City of Fairfield are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies;

C.    Transportation Management Program (TMP) techniques including, but not limited to, ridesharing, transit, compressed work weeks and bicycle use among employees are effective means of reducing work related trips. A reduction in the number of trips will reduce congestion and vehicle emissions.

11.14.2 This section number was not used.

11.14.3 Definitions.

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

"ALTERNATIVE COMMUTE MODE" shall mean a trip where the transportation method is other than single occupant vehicle.

"AVERAGE VEHICLE RIDERSHIP (AVR)" shall mean the number of employees arriving at the work site during the peak period divided by the number of vehicles used by the arriving employees at the work site, averaged over the survey week. The denominator shall be reduced by one for each zero emission vehicle used by arriving employees and by a proportionate amount for employees using compressed work weeks and employees that telecommute. The denominator shall also be reduced by the following amounts for employees arriving in clean fuel vehicles:

Vehicle Type

Denominator Reduction

Compressed Natural Gas

0.75

Propane

0.50

Dual or Flexible Fuel

0.25

"COMMUTE" shall mean a home to work or work to home trip.

"COMPRESSED WORK WEEK" shall mean a regular full-time work schedule which eliminates at least one round-trip commute trip (both home-to-work and work-to-home) at least once every two (2) weeks. Examples include, but are not limited to working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine-hour days and one eight-hour day (9/80) within a two week period. Works less than ten days during any fourteen day period.

"EMPLOYEE" shall mean any person hired by an employer and works twenty hours or more per week, on a regular full-time or part time basis. The term includes independent contractors, but excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers.

"EMPLOYER GUIDELINES" shall mean a document provided to the employer by the TRO Administrator to help Employee Transportation Coordinators (ETCs0 develop effective Transportation Management Programs.

"EMPLOYEE TRANSPORTATION COORDINATOR (ETC)" shall mean an individual appointed by employer and trained to promote and implement TMP strategies at the work site. ETC must complete the Bay Area Air Quality management District certified training within nine (9) months of the effective date, July 1, 1994, or within six (6) months of appointment when appointed after the initial nine-month time frame.

"EMPLOYER" shall mean any public or private entity, including the City of Fairfield, with a permanent place of business or work site in the City of Fairfield, includes non-profit organizations.

"EMPLOYER TRANSPORTATION MANAGEMENT PLAN (ETMP)" shall mean a document detailing TMP measures of an Employer to reduce employee vehicle trips to and from the work site in compliance with the requirements of this TRO.

"EMPLOYEE TRANSPORTATION SURVEY" shall mean a TRO Administrator approved questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR for the work site pursuant to TRO requirement.

"FIELD CONSTRUCTION WORKER" shall mean an employee who reports for work to a temporary field construction site.

"FIELD PERSONNEL" shall mean employees who spend 20% or less of their work time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer provided vehicle.

"INDEPENDENT CONTRACTOR" shall mean an individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety (90) continuous days or is open-ended.

"PEAK PERIOD" shall mean the commute hours from 6 a.m. to and including 10 a.m. Monday through Friday inclusive.

"RIDESHARE" shall mean two or more persons traveling together.

"SEASONAL/TEMPORARY EMPLOYEE" shall mean an employee who works for the employer for less than 90 continuous days (three months) within a calendar year.

"SINGLE OCCUPANT VEHICLE (SOV)" shall mean a vehicle occupied by one employee.

"SURVEY WEEK" shall mean a regular five (5) day, Monday through Friday (inclusive) work week. The survey week for work site with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a federal, state, or local holiday, regardless of whether the holiday is observed by the employer. A survey week that meets the above criteria is to be selected by the employer during January through May or September through November for the employer transportation survey as required by TRO Section 11.14.5(B). The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g. "Beat the Back-up."

"TRANSIT" shall mean public transportation including bus or rail service.

"TRANSPORTATION MANAGEMENT CERTIFICATE (TMC)" shall mean a document issued by the City of Fairfield to denote compliance with the requirements set forth in this ordinance.

"TRANSPORTATION MANAGEMENT PROGRAM (TMP)" shall mean a group of measures developed and implemented by an employer that are designed to provide transportation information, assistance and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR, and to achieve and maintain the performance objectives listed in Section 11.14.5.B.2.

"TRIP REDUCTION ORDINANCE (TRO)" shall mean the City of Fairfield’s ordinance describing in detail the transportation management program including implementation schedule in compliance with the Bay Area Air Quality Management District’s Regulation 13 Rule 1 (Trip Reduction Requirement for Large Employers).

"TRO ADMINISTRATOR" shall mean the person designated by the City Manager with the responsibility for the implementation of this Trip Reduction Ordinance.

"VEHICLE" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except the following:

1)    a device moved exclusively by human power;

2)    a device used exclusively upon stationary rails or tracks;

3)    buses used for public or private transit.

Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans, and pick-up trucks.

"VOLUNTEER" shall mean an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.

"WORK SITE" shall mean any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycle or pedestrian travel such as a freeway or flood control channel is included as part of the work site. If two or more employers each have 100 or more employees at a single work site, then that work site is considered a separate work site for each employer.

"ZERO EMISSION VEHICLE (ZEV)" shall mean any vehicle deemed a zero emission vehicle by the California Air Resources Board.

11.14.4 Application of Article: Requirements.

A.    Employers

The TRO applies to all public and private employers with 100 or more employees at a work site. If an employer has 100 or more employees but no single work site with 100 or more employees, this TRO does not apply to that employer. For purposes of determining the applicability of this TRO, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single week day, Monday through Friday, during the current calendar or fiscal year.

B.    Exemptions

Notwithstanding any other provisions of this ordinance, the following activities shall be exempt from the requirements of this ordinance:

1.    Work sites with 100 or more employees where less than fifty (50) employees start work during the peak period of 6 a.m. to and including 10 a.m. on a single week day Monday through Friday.

2.    Temporary construction activities, including activities performed by engineers, architects, contractors, subcontractors, and construction workers when such activities are related to the construction, development or other improvements to real property.

3.    Emergency activities in which persons are employed to render aid or other services in the event of an emergency or natural disaster.

4.    Other temporary activities which employ persons for a period of less than ninety days.

11.14.5 Transportation Management Certificate (TMC) Requirements.

A.    Transportation Management Certificate (TMC) Requirements:

All Employers that do not achieve the performance objectives shall be required to file an Employee Transportation Management Plan (ETMP) with the TRO Administrator.

The goal of the ETMP is to designate TMP measures which will result in an ultimate average vehicle ridership (AVR) of 1.30 during the peak period.

A TMC shall be granted to the Employer for a one year period upon approval of the ETMP by the TRO Administrator in accordance with the requirements set forth in 11.14.5.B.

B.    Requirements to submit Employee Transportation Management Plan (ETMP):

1.    Employee Transportation Surveys:

Employers must conduct employee transportation surveys consistent with procedures contained in the Employer Guidelines and submit the survey responses to the TRO Administrator in accordance with the schedule contained in Section 11.14.6B. The purpose of the survey is to establish whether the performance objectives listed in Section 11.14.5-B.2. have been achieved. An employer has the option of processing the employee transportation surveys on-site or having the surveys processed outside the entity. Verifiable records must be maintained. Employee transportation surveys are to be conducted annually unless a work site demonstrates that a future year performance objective is achieved. These work sites are required to survey every other year as long as future year performance objectives continue to be achieved. An employer shall not offer any special incentives or disincentives in addition to its regular Transportation Management Programs during the survey week.

2.    Performance Objectives

Performance objectives are expressed in terms of AVR.

3.    Requirements for Employers Not Achieving    Performance Objectives

Employers that do not achieve the performance objectives for the applicable year at any work site subject to this TRO shall prepare and submit an ETMP for that work site within 120 days of a determination that the performance objective was not achieved.

4.    Minimum Requirements

At a minimum, the ETMP, shall include the following provisions;

(a)    Provide documents indicating proper employee notification;

(b)    Provide a status report on current commute modes for employees in a format specified by the TRO Administrator;

(c)    Document the TMP measures needed to increase AVR in the following year;

(d)    A description, schedule, and commitment to implement additional or enhanced measures which include all reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives.

5.    Multiple Work sites

Each work site of an Employer with 100 or more employees shall submit a ETMP with TMP measures for the specific work site. If an Employer has work sites with 99 or less employees, the ETMP shall list all work sites and the number of employees at each site. To improve efficiency, employer with multiple work site are given the option to report directly to the Bay Area Air Quality Management District rather than to the City of Fairfield.

11.14.6 Issuance of TMC and Renewal.

A.    Registration

At least 60 days before the schedule set forth in Section 11.14.6B, all public and private employers with 100 or more employees at a single work site shall register with the City of Fairfield. Registration shall be submitted to:

TRO Administrator

Public Works Department

1000 Webster Street

Fairfield, CA 94533

Employer registration shall include the following information:

1.    Employer name and mailing address;

2.    Separate identification of each work site(s), including location and address;

3.    Employee Transportation Coordinator’s (ETC’s) name and telephone number for each site(s);

4.    The total number of employees reporting or assigned to each work site(s); and

5.    The total number of employees who start work at each work site(s) during the peak period.

Employers who become subject to this TRO subsequent to the schedule above due to an increase in employees or the establishment of a new or expanded work site shall register with TRO Administrator within 60 days of becoming subject to this TRO.

B.    Schedule of Compliance

1.    Employers subject to this TRO with work sites of 100 to 499 employees must conduct an initial employee transportation survey of those sites by September 30, 1994.

2.    Employers subject to this TRO with work sites of 500 or more employees must conduct an initial employee transportation survey at those work sites by September 30, 1994.

C.    Remedial action required by employer

Employers that do not achieve the performance objectives for the applicable year at any work site subject to this TRO shall prepare and submit an ETMP for that work site within 120 days of a determination that the performance objective was not achieved. Employers that demonstrate a future year performance objective is achieved will not be required to submit an ETMP for that work site for the applicable year.

D.    ETMP Approval Process

Upon receiving the employer ETMP, the TRO Administrator shall examine the plan to determine whether the plan complies with the provisions contained in Section 11.14.5.B.4. The TRO Administrator shall approve and the employer shall implement the ETMP that includes all reasonable, feasible, and cost effective TMP measures. Inspection of the location by TRO Administrator or his/her staff may be conducted as necessary to determine compliance with these provisions.

E.    Issuance of TMC

Except as otherwise provided, the TRO Administrator shall approve the ETMP upon finding that the requirements contained in this article have been met. The TMC shall be issued and will be valid for a period of one year from the date of issuance by the TRO Administrator. The TRO Administrator shall notify the applicant, in writing, of the decision to issue or not to issue the TMC.

The TRO Administrator shall disapprove any ETMP that does not meet the minimum requirements contained in Section 11.14.5.B.4. Employer shall revise and resubmit to the TRO Administrator any disapproved ETMP within 60 days of the disapproval. If the revised ETMP is disapproved, the employer has one additional 30-day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of the TRO subject to penalty.

A decision to approve or disapprove the ETMP shall be deemed final fourteen calendar days after the date that the applicant received notice of the TRO Administrator’s decision, unless an appeal has been filed pursuant to Sec. 11.14.9.

F.    Renewal of TMC

1.    Renewal of Certificates with less than 1.30 AVR

The TMC shall be renewed annually except as specified in Sec. 11.14.6 F. 2. In order to renew a TMC, each employer shall provide the following information to the TRO Administrator at a minimum:

(a)    Provide an update of the initial status report in a format specified by the TRO Administrator.

(b)    Provide a summary of the previous year’s TMP program, progress in meeting ETMP goals and a description of program organization and resources.

The TRO Administrator may require additional documentation or may visit the site and conduct his or her own survey. If an employer is unable to provide the required information on the employees’ transportation modes, then the TRO Administrator may require an employer to retain a consultant. The consultant shall submit the required information to the TRO Administrator.

If the information provided indicates the employer has achieved the peak period AVR goal for the applicable year, a TMC shall be renewed. If the information provided indicates that the goal has not been reached after a period of one year from the date the ETMP is approved, the employer shall amend their ETMP to include additional TMP measures.

2.    Attainment of Reduction Goal

If the monitoring information provided for the renewal of the TMC indicates the achievement of the AVR goal during two consecutive years, the employer may apply for TMC valid for two years.

11.14.7 Fees.

The City of Fairfield may by resolution prescribe fees for administering the provisions of this ordinance and for the issuance and renewal of Transportation Management Certificates. Such fees shall be used for the purpose of defraying costs incurred in the administration, monitoring and enforcement of this ordinance.

All fees for the issuance and renewal of certificates shall be paid at the time of, and with the filing of the application with the TRO Administrator. No application shall be deemed valid or complete until all prescribed fees have been paid. Unless otherwise prescribed, fees shall not be refundable in whole or in part whether or not the certificate is issued or approval granted. No fee shall be refundable in whole or in part if a permittee ceases operating under the certificate in advance of the expiration of the certificate.

11.14.8 Enforcement.

A.    Infractions

Except for a violation of Section 11.14.b.2. (Failure to achieve the AVR performance objective at an affected work site), any violation of the provisions of any section of this article shall be a violation of the Fairfield City Code which constitutes an infraction subject to monetary penalties as contained in the Fairfield City Code Section 1.7. Each day a violation exists or continues shall be considered a separate violation for purpose of enforcement.

B.    Public Nuisance

Except for a violation of Section 11.14.5.B.2 (failure to achieve the AVR performance objective at an affected work site), any violation of the provisions of any section of this article shall also constitute a public nuisance subject to the provisions of Chapter 27 of the Fairfield City Code.

11.14.9 Appeals.

Employers may appeal any ETMP disapproval made by TRO Administrator pursuant to subsection 11.14.6.E. to the Fairfield Planning Commission following the procedures listed below:

1.    The employer shall submit a written notice of appeal to the TRO Administrator within 10 days.

2.    The TRO Administrator shall notify the Planning Commission of the appeal and the Planning Commission will set a time to hear the appeal.

3.    The Planning Commission shall issue its decision on the appeal within 10 days after the close of hearing.

4.    The due date of revised plans pursuant to Subsection 11.14.6.E. will be suspended during the appeal process.

The decision of the Planning Commission shall be final.

Article XV. Solicitation of Motorists.

11.15.1 Purpose.

The City Council finds that the direct solicitation of motor vehicles on the public right-of-way, from private property, sidewalks, and the center median, may create the following traffic safety hazards:

(a)    Seatbelted drivers, when reaching for their wallets or money, or when lowering windows, can ease up on their brake pedals, causing their vehicle to roll past the limit line and into an intersection.

(b)    Drivers who may feel intimated by the close proximity of the solicitor may stop well behind or well beyond the limit line, thus either confusing drivers behind them, not triggering a traffic signal device, or entering into opposing traffic.

(c)    Drivers who wish to give the solicitor money, while reaching for their wallets or rolling down a window, may not observe that their traffic signal has turned green, creating the potential for delays and possible accidents from vehicles behind.

(d)    With the solicitor in close proximity to the driver, drivers can become distracted by the solicitor and may not observe other traffic hazards such as signals, pedestrians or other vehicles.

(e)    By remaining for long periods of time in unsafe areas of the public right-of-way, such as the center median, solicitors may increase the danger to themselves that they may be struck by an errant vehicle.

(f)    The Council, in enacting this article, does so pursuant to its police power as stated in Article XI, Section 7 of the California Constitution.

(g)    This article is not intended to limit any person from exercising their constitutional right to solicit funds, protest or engage in other constitutionally protected activity. Rather, its goal is to protect citizens and solicitors themselves from various traffic safety concerns as expressed herein. (Ord. No. 2010-05, § 1.)

11.15.2 Prohibited acts.

It is unlawful for any person to stand, sit, or remain at or adjacent to a public street, including but not limited to sidewalks, center medians, and driveways, in order to solicit drivers or passengers of moving vehicles on public streets. It is also unlawful to solicit moving vehicles on private property if such solicitation is likely to result in traffic delays or obstruction on a public street.

As used in this article, "solicit" means asking for money or objects of value, with the intention that the money or object be transferred at that time, and at that place. Solicit shall include using the spoken, written, or printed word, bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. (Ord. No. 2010-05, § 1.)

Article XVI. Vehicle Habitation Prohibited.

11.16.1 Definitions.

“Human habitation” shall mean the use of a vehicle, between 10 p.m. and 5 a.m. of the ensuing day, for dwelling. Evidence of human habitation shall include activities such as sleeping, setting up housekeeping or cooking, and/or any other activity where it reasonably appears, in light of all the circumstances, that a person or persons is using the vehicle for dwelling purposes.

“Vehicle” shall mean any device by which any person or property may be propelled, moved, or drawn upon a highway including, but not limited to, a passenger vehicle, recreational vehicle or house car. (Ord. No. 2017-15, § 1.)

11.16.2 Use of vehicles for human habitation prohibited on public property.

It is unlawful for any person or persons to use a vehicle for human habitation on or in any public street, right-of-way, alleyway, parking area or any other public property, except in a designated public campground, recreational park, or licensed mobile home or trailer park. (Ord. No. 2017-15, § 1.)

11.16.3 Use of vehicles for human habitation prohibited on private property – Exception.

a)    It is unlawful for any person or persons to use a vehicle for human habitation on any private property within the city limits of Fairfield except for a lawfully licensed and operated mobile home or trailer park, or other licensed private camping facility.

b)    Notwithstanding subsection (a) of this section, a person shall not be prohibited from occupying, for sleeping purposes only, a vehicle on private residential property within the city limits provided all of the following criteria are satisfied:

1.    The person is a bona fide guest of a resident of the City;

2.    The person has the written consent of the resident; and

3.    The location and use of the vehicle for sleeping purposes is not otherwise in violation of the Fairfield zoning code or other applicable law. (Ord. No. 2017-15, § 1.)