CHAPTER 5. TRAFFIC1

Article 1. Words and Phrases Defined

3-5.101 Definition of Words and Phrases.

a. 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.

b. 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. (§1, Ord. 1338, eff. 2/2/78)

3-5.102 Central Traffic District.

Central Traffic District means all streets and portions of streets within the area indicated on the central traffic district map on file in the office of the City Clerk. (§1, Ord. 1338, eff. 2/2/78)

3-5.103 Curb.

Curb means the lateral boundary of the roadway whether such curb is marked by curbing construction or not so marked. (§1, Ord. 1338, eff. 2/2/78)

3-5.104 Divisional Island.

Divisional Island means a dividing section of not less than two feet in width, either unpaved or delineated by curbs, lines or other markings on the roadway, and separating opposing or conflicting streams of traffic. (§1, Ord. 1338, eff. 2/2/78)

3-5.105 Downtown Parking Meter Zone.

Downtown Parking Meter Zone means all of the parking spaces located on-street or in city-owned parking lots or garages indicated on the Downtown Parking Meter Zone map on file with the City Clerk. (§1, Ord. 2063 eff. 8/17/07; §1, Ord. 2090, eff. 7/16/10; §2, Ord. 2121, eff. 1/16/14)

3-5.106 Holidays.

Holidays means New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and such other legal public holidays as may be recognized in Title 5 of the United States Code, Section 6103. In the event the public holiday falls on a Saturday or Sunday, the federal rule for recognizing the holiday on either the preceding Friday or the following Monday will be followed. (§1, Ord. 1338, eff. 2/2/78; §1, Ord. 2104, eff. 11/17/11)

3-5.107 Loading Zone.

Loading Zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (§1, Ord. 1338, eff. 2/2/78)

3-5.108 Official Time Standard.

Official Time Standard means standard time or daylight saving time as may be in current use in the City. (§1, Ord. 1338, eff. 2/2/78)

3-5.109 Parkway.

Parkway means that portion of a street other than a roadway or a sidewalk. (§1, Ord. 1338, eff. 2/2/78)

3-5.110 Parking Meter.

Parking Meter means any device that accepts payment for the use of parking spaces. Such devices include, but are not limited to, parking meters, pay-by-space devices, pay-on-foot devices and any software application that processes pay-by-phone payments from a mobile phone, for the purpose of controlling the period of time a parking space is occupied by any motorized vehicle. (§1, Ord. 1338, eff. 2/2/78; §2, Ord. 2063, eff. 8/17/07; §3, Ord. 2121, eff. 1/16/14)

3-5.111 Passenger Loading Zone.

Passenger Loading Zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (§1, Ord. 1338, eff. 2/2/78)

3-5.112 Police Officer.

Police Officer means every officer or auxiliary of the police department, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (§1, Ord. 1338, eff. 2/2/78)

3-5.113 Stop.

Stop, when required, means complete cessation of movement. (§1, Ord. 1338, eff. 2/2/78)

3-5.114 Vehicle Code.

Vehicle Code means the Vehicle Code of the state. (§1, Ord. 1338, eff. 2/2/78)

3-5.115 Residential District.

Residential District shall mean areas of the City zoned to permit only urban and suburban single-family and/or multiple-family development and the neighborhood or community services appurtenant thereto, and shall include planned development districts which are characterized predominantly by suburban or urban single-family and/or multiple-family development and the neighborhood and community services appurtenant thereto. (§1, Ord. 1686, eff. 6/24/88, and by §1, Ord. 1689, eff. 8/12/88)

3-5.116 Transportation Administrator.

Traffic Operations Engineer is the traffic engineer designated by the City Engineer. The Traffic Operations Engineer shall have those powers and duties as provided in this chapter, and shall serve as the City’s Transportation Engineer. The City’s Transportation Engineer shall have those powers and duties as provided in this Chapter. (§1, Ord. 1662, eff. 2/6/87; §3 Ord. 2046, eff. 12/1/2005) Note: Sec. 3-5.114. Traffic Operations Engineer. - Repealed (§1, Ord. 1662, eff. 2/6/87 and by §2, Ord. 2046, eff. 12/1/2005).

3-5.117 Sight Distance Area.

The sight distance area shall be:

1. At an uncontrolled intersection, that area between the back edge of pavement or face of curb (whichever is greater) and a diagonal line joining points on such edge lines forty 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 forty 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.

2. At the intersection of a through street with a street controlled by a stop sign, that area between the back edge of pavement or face of the curbs (whichever is greater) of the intersecting streets and a diagonal line joining a point on the painted center line (or where no center line is painted on the street, the actual center line of the paved roadway) of the stop controlled street that is 15 feet from the point where the center line intersects with the prolongation of the face of the curb or edge of the pavement of the through street or that is ten feet from the stopping point on the stop controlled street, whichever is greater, with a point on the center line of the nearest approaching lane of the through street that measured along said travel lane away from the intersection is at least as great as the safe stopping distance.

b. The sight distance area may be enlarged at any intersection upon a determination by the Traffic Operations Engineer that as a result of the particular circumstance of the intersection, the sight distance area established by sections (a)(1) and (a)(2) is insufficient to provide for adequate visibility of on-coming traffic. The particular circumstances of the intersection which might lead to this determination shall include, but not be limited to streets which do not intersect at 90° angles; streets with grade differentials before their intersection; intersecting streets with different posted speed limits requiring a greater angle of visibility; and streets with horizontal curved alignments requiring additional visibility. The Traffic Operations Engineer shall identify obstructions to visibility at those intersections where the application of subsection a.1. and a.2. is inappropriate, and shall enlarge the sight distance area as necessary. The determination of the Traffic Operations Engineer shall be based upon sound traffic engineering principles and practices. Upon the Traffic Operations Engineer’s determination that an obstruction to visibility exists, the condition causing the obstruction shall be deemed unlawful, and subject to abatement under Section 3-5.1703.

c. The Traffic Operations Engineer may reduce the size of the sight distance area at any intersection when he determines, upon the application of sound engineering principles, that (1) the geometric layout of the intersection, (2) restrictions on travel direction on a given street, or (3) facts unique to the intersection provide adequate sight distance; and that therefore the strict application of the requirements of subsection (a) and (b) are unnecessary in order to provide adequate and satisfactory visibility of on-coming traffic traveling at or below the posted speed limit, or when no speed limit is posted, the prima facie speed limit from automobiles traveling along the cross street in a legal and proper fashion.

d. The provisions of subsections a, b, and c, above, shall not apply to existing permanent buildings, public utility poles, trees trimmed (to the trunk) to a line at least eight 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 clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on February 2, 1978; official traffic control signs and traffic signals; to places where the contour of the ground is such that there can be no cross-visibility at the intersection; to signs mounted ten feet or more above the ground and whose supports do not constitute an obstruction as defined in Section 3-5.1703 or at an intersection controlled by traffic signals or stop signs on all approaches to the intersection. (§1, Ord. 1662, eff. 2/6/87)

3-5.118 Safe Stopping Sight Distance.

The safe stopping sight distance shall be that amount of roadway determined necessary by the Traffic Operations Engineer to enable a vehicle traveling at or below the posted speed limit or when no speed limit is posted the prima facie speed limit, to stop before reaching a stationary object in its travel lane. In determining the safe stopping sight distance, the Traffic Operations Engineer shall use sound and customary traffic engineering principles and practices but in no instance shall safe stopping sight distance be presumed to be less than that derived using the formulae provided by American Association of State Highway and Transportation Officials (AASHTO) as promulgated in "A Policy on Geometric Design of Highways and Streets, 1984 Ed." (§1, Ord. 1662, eff. 2/6/87)

3-5.119 Back Edge of Pavement.

Back edge of pavement is the lateral edge of that side of a roadway which is not improved with curb and gutter. (§1, Ord. 1662, eff. 2/6/87)

3-5.120 Prima Facie Speed Limit.

Prima Facie speed limit shall mean the prima facie speed limit established by Section 22352 of the California Vehicle Code. (§1, Ord. 1662, eff. 2/6/87)

Article 2. Traffic Administration

3-5.201 Police Department -- Duties.

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 make arrests for traffic violations, to investigate traffic accidents and to cooperate with the City Transportation 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 said department by this chapter. (§1, Ord. 1338, eff. February 2, 1978)

3-5.202 City Transportation Engineer -- Office Established.

The office of City Transportation Engineer is established. The City Transportation Engineer shall be the traffic engineer designated by the City Engineer and shall exercise the powers and duties as provided in this Chapter. (§1, Ord. 1338, eff. February 2, 1978, §4, Ord.2046, eff. 12/1/2005)

3-5.203 City Transportation Engineer -- Power and Duties.

It shall be the general duties of the Transportation Engineer to determine the installation and proper timing of traffic-control devices, to conduct engineering analysis of traffic accidents and to advise remedial measures, to plan the operation of the traffic on the streets of this City, to plan the operation of the City bus transportation system and to cooperate with other City officials in the development of ways and means to improve traffic and transportation conditions in the City and to carry out the additional duties imposed by this chapter. Whenever by the provisions of this chapter a power is granted to or a duty imposed upon the City Transportation Engineer, the power may be exercised or the duty performed by a person authorized by the Transportation Engineer. (§1, Ord. 1338, eff. February 2, 1978)

3-5.204 Public Service Department -- Duties.

It shall be the duty of the Public Service Department to install, under the direction of the City Transportation Engineer, and to maintain City traffic control devices, to direct the operations of the City bus transportation program, and to carry out the additional duties imposed by this chapter. (§1, Ord. 1338, eff. February 2, 1978)

3-5.205 Traffic Safety Appeals Board -- Established.

There is established a Traffic Safety Appeals Board consisting of the members of the transportation commission. This board shall adopt rules and regulations for conducting its business. (§1, Ord. 1338, eff. February 2, 1978)

3-5.206 Traffic Safety Appeals Board -- Duties.

The Traffic Safety Appeals Board shall have the following duties:

a. Review decisions with the City Transportation Engineer on safety related matters and on the application of traffic control device warrants when decision by the Transportation Engineer is appealed;

b. After hearing an appeal, the Board may reverse, modify or affirm the decision of the City Transportation Engineer subject to the same limitations that are placed on the City Transportation Engineer under the provisions of the Walnut Creek Municipal Code and City Council resolutions adopting traffic control device warrants; and

c. Perform other duties that may be prescribed by resolutions or minute orders of the City Council. (§1, Ord. 1338, eff. February 2, 1978)

3-5.207 Traffic Safety Appeals Board -- Appeals.

The following regulations shall govern appeals of decisions of the Traffic Safety Appeals Board on matters covered by §3-5.206:

a. Notice of Appeal. Within ten days after the Board has rendered its decision, any City resident or landowner affected thereby or City Transportation Engineer may appeal to the City Council pursuant to the procedural provisions contained in Chapter 4, Title 1 of the Walnut Creek Municipal Code. After hearing an appeal, the City Council may reverse, affirm or modify the decision of the Board subject to the same limitations and criteria as are placed upon the Board and City Transportation Engineer under the provisions of the Walnut Creek Municipal Code and the City’s resolution adopting the traffic control device warrants. (§1, Ord. 1338, eff. February 2, 1978)

Article 3. Enforcement and Obedience to Traffic Regulations.

3-5.301 Authority of Police Officers.

Officers of the Police Department or such officers as are assigned by the Chief of Police are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (§1, Ord. 1338, eff. February 2, 1978)

3-5.302 Traffic Directing by Persons Other Than Officers.

No person other than an officer of the Police Department or a person authorized by the City 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 provided in this chapter, any mechanical pushbutton signal erected by order of the City Transportation Engineer. (§1, Ord. 1338, eff. February 2, 1978)

3-5.303 Obedience to Traffic Regulations.

Section 1-2.01 of the Walnut Creek Municipal Code shall not apply to this chapter. Unless otherwise indicated, it shall be an infraction for any person to do any act forbidden or fail to perform any act required by this chapter. (§1, Ord. 1338, eff. February 2, 1978, as amended by §1, Ord. 1383, eff. August 14, 1978)

3-5.304 Interference with Police and Authorized Officers.

It shall be unlawful for any person to interfere with or obstruct in any way any police officer or other officer or employee of the City in his enforcement of the provisions of this chapter. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of the city in connection with the enforcement of parking regulations of this chapter shall constitute such interference or obstruction. (§1, Ord. 1338, eff. February 2, 1978, as amended by §1, Ord. 1383, eff. August 14, 1978; and by §9, Ord. 1712, eff. 12/1/88)

3-5.305 Vehicles Exempted from Provisions.

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

b. Such exemptions shall not, however, protect the driver of any such vehicle from 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 used for official City business, public utility while necessarily in use for construction or repair work, or any vehicle owned by the United States while actually engaged in the collection, transportation or delivery of United States mail.

d. The City Manager is authorized to issue special parking permits which, when displayed on a vehicle, exempt the vehicle from provisions of this chapter regulating the parking or standing of vehicles. (§1, Ord. 1338, eff. February 2, 1978)

3-5.306 Removal of Vehicles From Streets.

Any regularly employed and salaried officer of the Police Department may remove or cause to be removed:

a. Any vehicle which 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 between the hours of seven a.m. and seven p.m. when such parking or standing is prohibited by ordinance or resolution and "tow away" signs are posted giving notice of such removal; and

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, however, that "tow away" signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal. (§1, Ord. 1338, eff. February 2, 1978)

3-5.307 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.308 Traffic Regulations Applying to Persons Riding Bicycles and 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 by this chapter, except those provisions which by their very nature can have no application. (§1, Ord. 1338, eff. February 2, 1978)

Article 4. Traffic Control Devices

3-5.401 Authority to Install, Enforcement, and Obedience.

a. The City Transportation Engineer shall direct the placement of official traffic control devices when required to make effective provisions of this chapter, and may direct the placement of such additional official traffic control devices as he may deem necessary to regulate, warn or guide traffic under this chapter or the Vehicle Code.

b. No provisions of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs giving notice of the provisions of the traffic laws are in place and sufficiently legible to be seen by an ordinarily observant person.

c. It shall be unlawful for a pedestrian or the operator of any vehicle to disobey the instructions of any official traffic control device placed in accordance with this chapter unless otherwise directed by a police officer subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. (§1, Ord. 1338, eff. February 2, 1978)

3-5.402 Installation of Traffic Signals.

a. The City Transportation Engineer shall recommend to the City Council the installation of official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve congestion or to protect life or property from exceptional hazard.

b. The City Transportation Engineer shall ascertain and determine the locations where such signals are required by resorting to field observation, traffic counts, and other traffic information as may be pertinent, and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Traffic Manual issued by the California Department of Transportation. (§1, Ord. 1338, eff. February 2, 1978)

3-5.403 Traffic Lanes.

The City Transportation Engineer is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. (§1, Ord. 1338, eff. February 2, 1978)

3-5.404 Authority to Remove or Relocate Traffic Devices.

The City Transportation Engineer is authorized to direct the removal or relocation of any traffic control device not specifically required by state law or this chapter whenever it is determined that the conditions which warranted or required the installation no longer exist. (§1, Ord. 1338, eff. February 2, 1978)

3-5.405 Hours of Operation.

The City Transportation Engineer shall determine the hours and days during which any traffic control device shall be in operation or effect, except in those cases where such hours or days are specified in this chapter. (§1, Ord. 1338, eff. February 2, 1978)

3-5.406 Unauthorized Painting of Street or Curb.

No person, unless authorized by this City, shall paint any street or curb or surface. (§1, Ord. 1338, eff. February 2, 1978)

Article 5. Turning Movements

3-5.501 Authority to Place Devices Altering Normal Course For Turns.

The City Transportation Engineer is authorized to direct the placement of official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. (§1, Ord. 1338, eff. February 2, 1978)

3-5.502 Authority to Place Restricted Turn Signs.

The City Transportation Engineer is 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.503 Signal Controlled Intersection -- Right Turns.

The City Transportation Engineer is authorized to direct the installation of appropriate signs where it is determined that the making of right turns against a traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic. (§1, Ord. 1338, eff. February 2, 1978)

Article 6. One-Way Streets and Alleys

3-5.601 Designation -- Signs.

Whenever any ordinance or resolution of the Council or order of the City Transportation Engineer designates any one-way street or alley, the City Transportation Engineer 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. (§1, Ord. 1338, eff. February 2, 1978)

Article 7. Stop and Yield Intersections

3-5.701 Authority for Stop Signs and Yield Signs.

The City Transportation Engineer is authorized to direct the installation of stop signs, yield signs or other official traffic control devices to designate through streets or to designate intersections at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the intersection. (§1, Ord. 1338, eff. February 2, 1978)

Article 8. Miscellaneous Driving Rules

3-5.801 Driving and Riding on Sidewalks.

It shall be unlawful for any person to ride, drive, propel, or cause to be propelled, any motor 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 Chief of Code Enforcement. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m. (§1, Ord. 1338, eff. February 2, 1978)

3-5.802 New Pavement.

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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.803 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.804 Signs and Barriers -- Approval.

No public utility or public agency shall erect or place in any street any barrier or sign except of a type approved by the City Transportation Engineer. It shall be unlawful for any operator or pedestrian to disobey the instructions of any such approved barrier or sign. (§1, Ord. 1338, eff. February 2, 1978)

3-5.805 Entering Intersections and Crosswalks.

It shall be unlawful for the operator of any vehicle to enter an 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.806 Standing in Roadways.

a. 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.

b. Within the central traffic district, no person shall stand upon the paved surface of the street within that area delineated by curbs except when necessary to enter or exit from a vehicle or to load or unload a vehicle. (§1, Ord. 1338, eff. February 2, 1978)

3-5.807 Use of Roller Skates, Skateboards, Toy Vehicles, Bicycles Prohibited in Certain Areas.

It shall be unlawful for any person upon roller skates or a skateboard or riding upon or by means of any coaster, skateboard, toy vehicle or similar device to go upon any roadway, or upon any sidewalk or paved surface in any area zoned for commercial use within the City.

It shall be unlawful for any person upon roller skates or a skateboard, toy vehicle, bicycle or similar device to go upon any commercial or municipal structure or lot which is designed or used to accommodate the parking of motorized vehicles, excepting the parking of bicycles in said structures or lots where permitted by designated bicycle parking zones.

This section shall not apply to the use of bicycles by City employees or City volunteers acting within the scope of their employment or volunteer activities on behalf of the City. (§1, Ord. 1338, eff. February 2, 1978; and by §1, Ord. 1855, eff. 3/23/95)

Article 9. Pedestrian Crosswalks

3-5.901 Authority to Install.

The City Transportation Engineer is authorized to direct the installation of marked crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway whenever the City Transportation Engineer determines the marked crosswalks are required to direct safety pedestrian movements, subject to the limitations contained in §3-5.902 of this article. (§1, Ord. 1338, eff. February 2, 1978)

3-5.902 Midblock Crossings.

Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet in length, and such crosswalk shall be located as nearly as practicable at midblock. (§1, Ord. 1338, eff. February 2, 1978)

3-5.903 Use of Crosswalks Restricted.

The City Transportation Engineer 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.904 Crossing Streets in Crosswalks.

No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or in any business district. (§1, Ord. 1338, eff. February 2, 1978)

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

3-5.1001 Authority to Establish, Enforcement and Obedience.

a. The City Transportation Engineer is authorized to direct the establishment of all no stopping zones, no parking areas and restricted parking areas, as defined and described in this article.

b. No prohibition or restriction relating to stopping, standing or parking imposed under this article shall be effective unless appropriate signs or markings required by the Vehicle Code are in place.

c. It shall be unlawful for any operator of a vehicle to disobey the provisions of this article when appropriate signs or markings are in place. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1002 Application of Article Provisions.

a. The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times, or at those times specified in this article, 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 article or other regulations 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 regulations of the City prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1003 Standing in Parkways.

No person shall stop, stand or park a vehicle within any parkway. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1004 Stopping and Parking Prohibited.

No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following 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 or markings;

b. In any area where the City Transportation 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 by red paint upon the curb surface;

c. In any area established by ordinance or resolution of the Council or order of the City Transportation Engineer as a no parking area;

d. At any place within twenty feet of a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop;

e. Within twenty feet of the approach to any traffic signal, stop sign or official electric flashing device;

f. 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 or movement; provided, however, that signs giving notice of such parking are erected or placed at least twenty-four hours prior to the effective time of such no parking restrictions. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1005 Storing Vehicles on Streets.

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 hours. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1006 Parking for Demonstration or Display Purposes.

Repealed by §1, Ord. 1762, eff. 3/21/91.

3-5.1007 Repairing and Greasing Vehicles on Streets.

No person shall construct, or cause to be constructed, repair or cause to be repaired, or grease or cause to be greased, any vehicle or any part thereof upon any public street in the City. Temporary emergency repairs, however, may be made upon a public street. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1008 Washing and 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 within the central traffic district, or in front of any business establishment within the City, or on any street within the City where a charge is made for such service. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1009 Parking on Narrow Streets.

The City Transportation Engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty-eight feet, or upon one side of a street when the width of the roadway does not exceed thirty-six feet, or upon any other roadway where, in the opinion of the City Transportation Engineer, no parking is required for the proper control of traffic. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1010 Parking on Hills.

No person shall park or leave standing any vehicle unattended on a highway upon any grade exceeding three percent within any business or residential district without blocking the wheels of such vehicle by turning them against the curb, or by other means. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1011 Emergency Parking Signs.

a. Whenever the City Transportation Engineer or the Chief of Police determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Transportation Engineer or the Chief of Police 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 streets and alleys as the City Transportation Engineer or the Chief of Police 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 City Transportation Engineer or the Chief of Police 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1012 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 parking on any public street or in any public or private parking lot. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1013 Exception to Article Provisions.

Notwithstanding the provisions of this article, the Chief of Code Enforcement, with concurrence of the City Transportation Engineer, 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 on the forms required by the Chief of Code Enforcement. (§1, Ord. 1338, eff. February 2, 1978)

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

3-5.1101 Authority to Establish, Enforcement and Obedience.

a. The City Transportation Engineer is authorized to direct the establishment of all no stopping zones, no parking areas and restricted parking areas, as defined and described in this article.

b. No prohibition or restriction relating to stopping, standing or parking imposed under this article shall be effective unless appropriate signs or markings required by the Vehicle Code are in place.

c. It shall be unlawful for any operator of a vehicle to disobey the provisions of this article when appropriate signs or markings are in place. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1102 Time Limit Parking.

When authorized signs or parking meters have been determined by the City Transportation Engineer to be necessary and are in place, no operator of any vehicle shall stop, stand or park such vehicle between the hours indicated on the meter or sign for a period longer than designated on the sign or meter. (§1, Ord. 1338, eff. February 2, 1978; §4, Ord. 2121, eff. 1/16/14)

3-5.1103 Parking on Unimproved Streets.

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 two hundred 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. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1104 Diagonal Parking.

a. Whenever any regulation of the City designates and describes any street or portion thereof upon which angle parking shall be permitted, the City Transportation Engineer shall mark or sign such street indicating the angle at which vehicles shall be parked.

b. When signs or markings are in place indicating angle parking as provided in this section, no person shall park or stand a vehicle other than at the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of such allotted space, with the front wheel nearest the curb within six inches of the curb. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1105 Parking Space Markings.

The City Transportation Engineer is authorized to direct the installation of parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.

When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parking other than within a single space unless the size or shape of such vehicle makes compliance impossible. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1106 Commercial Vehicle Parking -- Residential District.

Notwithstanding the provisions of Section 3-5.1101(b), no person shall stop, stand or park a commercial vehicle having a gross vehicle weight rating of ten thousand pounds or more on any street in a residential district except when the commercial vehicle is making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted street 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 street for which a building permit has previously been obtained. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1107 On-street Parking for Disabled Persons.

a. The City Transportation Engineer is authorized to designate on-street special parking spaces for the exclusive use by disabled persons and disabled veterans.

b. The special parking spaces shall be indicated as specified in the Vehicle Code. (§1, Ord. 1338, eff. February 2, 1978; and by §1,Ord 2012, eff. May 1, 2003)

3-5.1108 Vision Safety Parking Zones.

a. The City Transportation Engineer is authorized to establish a vision safety parking zone in any on-street parking area adjacent to a driveway or intersecting street where unobstructed visibility is required for the safe movement of vehicular or pedestrian traffic. Once established, all vision safety parking zones shall be identified by appropriate signs. The signs shall advise that no vehicle in excess of five (5) feet in height may park in the vision safety parking zone.

b. It shall be unlawful for any person to stop, stand or park a vehicle in excess of five (5) feet in height in any vision safety parking zone established in accordance with subsection (a) of this section. (§1, Ord. 1338, eff. February 2, 1978, as amended by§§1, Ord. 1547, eff. October 7, 1982)

3-5.1109 Parking on Certain Streets by Certain Vehicles.

The City Transportation Engineer is authorized to prohibit parking during specified hours by all or specified types of vehicles on designated streets or portions thereof. (§, Ord. 1996, eff. June 6, 2002)

Article 12. Stopping for Loading or Unloading.

3-5.1201 Authority to Establish, Enforcement and Obedience.

a. The City Transportation Engineer is authorized to determine the location of loading zones and passenger loading zones and direct the installation of appropriate signs or markings at these locations.

b. No restriction relating to loading or unloading imposed under this article shall be effective unless appropriate signs or markings are in place.

c. It shall be unlawful for any operator of a vehicle to disobey the provisions of this article when appropriate signs or markings are in place. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1202 Standing in a Passenger Loading Zone.

No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or for the purpose of depositing mail in an adjacent mail box in any place marked as a passenger loading zone between seven a.m. and six p.m. of any day except Sundays and holidays and then only for a period not to exceed three minutes, except as follows:

a. When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times.

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

c. When a sign has been installed which designates the period during which the loading zone is in effect, the restrictions shall apply only during the period designated on the sign. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1203 Standing In a Loading Zone.

a. No person shall stop, stand or park any vehicle for any purpose or length of time other than a commercial vehicle for the expeditious unloading and delivery or pickup and loading of property carried in the cargo area of the vehicle in any place marked as a commercial loading zone between seven a.m. and six p.m. of any day except Sundays and holidays and then only for a period not to exceed twenty minutes.

b. The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property and then only for a period not to exceed three minutes.

c. When a sign has been installed which designates the period during which the loading zone is in effect, the restrictions shall apply only during the period designated on the sign. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1204 Bus Zones.

a. The City Transportation Engineer is authorized to direct the establishment of bus zones opposite curb space for the loading and unloading of buses.

b. No person shall stop, stand or park any vehicle except a bus in a bus zone and no bus shall utilize a bus zone except as authorized by the City Transportation Engineer. (§1, Ord. 1338, eff. February 2, 1978)

Article 13. Restricted Use of Certain Streets

3-5.1301 Designated Truck Route.

a. Whenever any ordinance of this City designates and describes any street or any portion of a street, the use of which is permitted by any commercial vehicle or by any vehicle exceeding a maximum gross weight of three (3) tons, the City Transportation Engineer shall direct installation of appropriate signs to designate such street or streets as "truck routes" for the movement of commercial or any vehicles exceeding a maximum gross weight of three (3) tons.

b. When any such truck route or routes are established and designated by appropriate signs, the operator of any commercial vehicle or any vehicle exceeding a maximum gross weight of three (3) tons shall drive on such route or routes and none other, except when necessary to traverse another street or streets to a destination for the purpose of loading or unloading, but only by such deviation from the nearest truck route as is reasonably possible.

c. The provisions of this section shall not apply to: (l) passenger buses under the jurisdiction of the Public Utilities Commission, (2) passenger buses operated by the City, (3) any vehicle owned by a utility or licensed contractor while necessarily in use in the construction, installation, or repair of any utility, (4) any vehicle owned by a licensed contractor while necessarily in use in the construction, maintenance, or repair of a public works project.

d. The following streets or parts thereof are hereby declared to be truck routes for the movement of vehicles exceeding a maximum gross weight of three (3) tons:

1. Ygnacio Valley Road west from the easterly City limits to the southbound on-ramp to I-680.

2. South Main Street north from the southerly City limits to Newell Avenue.

3. Newell Avenue from South Main Street west to the westerly City limits.

4. North and South California Boulevard from Newell Avenue to North Main Street.

5. North Main Street from Ygnacio Valley Road to the northerly City limits.

6. Mt. Diablo Boulevard from Camino Diablo east to North California Boulevard.

7. Olympic Boulevard from South California Boulevard west to the westerly City limits.

8. Treat Boulevard - all that portion east of North Main Street that is within the City limits.

9. Geary Road - all that portion west of North Main Street that is within the City limits.

10. Oak Grove Road from Ygnacio Valley Road to the northerly City limits.

11. State Highway 24.

12. Interstate Highway 680.

e. Pursuant to Vehicle Code §§32 and 35701, the City Council may establish new truck routes or delete existing truck routes by resolution. (§1, Ord. 1338, eff. February 2, 1978, and by §1, Ord. 1641, eff. February 13, 1986)

3-5.1302 Commercial Vehicles Prohibited from Using Certain Streets.

a. Whenever any ordinance of this City designates and describes any street or portion thereof as a street, the use of which is prohibited by any commercial vehicle, the City Transportation Engineer shall direct installation of appropriate signs to designate such street or streets as closed to commercial vehicles.

b. When any street or portion thereof is established by ordinance and designated by appropriate signs as being prohibited for use by commercial vehicles, the operator of any commercial vehicle shall not drive on such street or portion thereof, except when necessary to traverse such street or portion thereof to a destination not accessible by any other street or streets not expressly prohibiting commercial vehicles, but other than a truck route, for the purpose of loading or unloading, but only by such deviation from the nearest truck route as is reasonably possible.

c. The provisions of this section shall not apply to: (l) passenger buses under the jurisdiction of the Public Utilities Commission, (2) passenger buses operated by the City, (3) any vehicle owned by a utility or licensed contractor while necessarily in use in the construction, installation or repair of any utility, (4) any vehicle owned by a licensed contractor while necessarily in use in the construction, maintenance, or repair of a public works project.

d. The following streets or parts thereof are hereby declared closed to commercial vehicles exceeding a maximum gross weight of three (3) tons.

1. Cypress Street from California Boulevard to Broadway.

2. Newell Avenue from South Main Street to San Miguel Drive.

3. Broadway from Newell Avenue to Ygnacio Valley Road.

4. North and South Main Street from Newell Avenue to Ygnacio Valley Road.

5. Civic Drive from California Boulevard to Walden Road.

6. Mt. Diablo Boulevard from California Boulevard to San Miguel Drive.

7. Homestead Avenue from Ygnacio Valley Road to Walker Avenue.

8. Bonanza Street from Mt. Diablo Boulevard to Main Street.

9. Lacassie Avenue from California Boulevard to Main Street.

10. Cole Avenue from North California Boulevard to Locust Street.

11. Locust Street from Lacassie Avenue to Olympic Boulevard.

12. Olympic Boulevard from South California Boulevard to South Main Street.

13. Botelho Drive from South California Boulevard to South Main Street.

14. Walker Avenue from San Miguel Drive to Walnut Boulevard.

15. San Miguel Drive from Mt. Diablo Boulevard to Newell Avenue.

16. Las Juntas Way from Mayhew Way to Cherry Lane.

17. Walnut Boulevard from Seven Hills Ranch Road to Eckley Lane.

18. Sierra Drive from Walnut Boulevard to San Miguel Drive.

19. Buena Vista Avenue from Geary Road to Hillside Avenue.

20. Parkside Drive from Civic Drive to Hillside Avenue.

21. Hillside Avenue from Parkside Drive to the southbound on-ramp to I-680.

22. Sunnyvale Avenue from North Main Street to Putnam Boulevard.

23. Walnut Avenue from Ygnacio Valley Road to Oak Grove Road.

24. Wiget Lane from Ygnacio Valley Road to Walnut Avenue.

25. San Luis Road from the I-680 on/off ramp west of Main Street to Buena Vista Avenue.

26. Minert Road from Bancroft Road to the easterly City limits.

27. Castle Hill Road from South Main Street to Castle Gate Road.

28. Putnam Boulevard from Buena Vista Avenue to Northerly City Limit

29. South Broadway Extension from Rudgear Road to Newell Avenue

30. Almond Avenue from California Boulevard to Oakland Boulevard

31. Shuey Avenue from Bonanza Street to the west end

32. All of Sun Valley Drive

33. All of Via Del Sol

34. Newell Avenue west of California Boulevard

35. Carriage Drive from Treat Boulevard to Minert Road

36. Dorsch Road

e. The City Council may close additional streets to commercial vehicles by ordinance. (§1, Ord. 1641, eff. February 13, 1986; and by §1, Ord. 1670, eff. October 23, 1978; by §1, Ord. 1740, eff. June 1, 1990; by §1, Ord. 1835, eff. 3/17/94; by §1, Ord. 1843, eff. 9/1/94; §1, Ord. 1914, eff.1/15 /98; and by §1, Ord. 2000, eff. 10/17/02.)

Article 14. Parking Meter Zones.

3-5.1401 Parking Meter Zone.

a. The Downtown Parking Meter Zone is established as a parking meter zone. The City Transportation Engineer is authorized to direct the installation of parking meters upon those streets or parts of streets or in parking lots or garages within the Downtown Parking Meter Zone where it is determined on the basis of an engineering and traffic investigation, and consistent with Section 3-5.1408, that the installation of parking meters will be necessary to regulate parking.

b. The rate for the use of a metered parking space or parking garage space in the Downtown Parking Meter Zone shall be between zero dollars ($0.00) per hour and five dollars ($5.00) per hour.

c. Failure to observe the restrictions imposed or failure to pay the amount so required shall be a violation of this chapter. It shall be unlawful and a violation of this chapter for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. (§1, Ord. 1338, eff. February 2, 1978, amended by §1, Ord. 1360, eff. July 20, 1978; by §10, Ord. 1712, eff. December 1, 1988; §1, Ord. 1948, eff. June 3, 1999 and by §3, Ord. 2063, eff. August 17, 2007; §5, Ord. 2121, eff. 1/16/14)

3-5.1402 Time of Operation.

Where parking meters are installed pursuant to this article, the parking of vehicles shall be regulated during such hours and on such days as the City Council may establish from time to time by resolution of the City Council. (§1, Ord. 1338, eff. February 2, 1978; §6, Ord. 2121, eff. 1/16/14)

3-5.1403 Parking After Time Has Expired.

It shall be unlawful for the operator of any vehicle to permit such vehicle to remain parked in any parking space during any time the meter is showing a signal indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1404 Extension of Parking Time Limit Unlawful.

It shall be unlawful and a violation of the provisions of this chapter for any person to deposit any coin in any parking meter for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space adjacent to which such parking meter is placed. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1405 Deposit of Coins by Unauthorized Persons.

It shall be unlawful for any person to deposit any coin in any parking meter without the knowledge or consent of the owner or operator of the vehicle using the parking space immediately adjacent to such meter. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1406 Rule of Evidence.

The parking or standing of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space for a period longer than permitted by this chapter. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1407 Management of City Garages.

The Transportation Commission shall have the authority to manage City-owned parking garages in a manner designed to accomplish the target occupancy rate of eighty-five percent (85%) for on-street parking inventory. In so doing, the Transportation Commission may adjust the hours of operation, may adjust the rates charged, not to exceed the maximum allowable rates set by the City Council pursuant to Section 3-5.1401, and may create incentive programs to encourage certain categories of parkers, such as employees, to use the garages rather than street parking. There shall be no charge for the first sixty (60) minutes of parking in all City-owned garages except on such days that the special event rate is in effect and has been applied to a particular garage. (§7, Ord. 2121, eff. 1/16/14)

3-5.1408 Periodic Adjustment of Downtown Parking Meter Zone Parking Meter Rates.

The City Council hereby adopts the following process for adjusting Downtown Parking Meter Zone meter rates from time to time to manage the use and occupancy of the parking spaces for the public benefit in all parking areas within the Downtown Parking Meter Zone.

a. To accomplish the goal of managing the supply of parking and to make it reasonably available when and where needed, a target on-street occupancy rate of eighty-five percent (85%) is hereby established.

b. At least annually and not more frequently than quarterly, the City Manager or his or her designee shall survey the average occupancy for each area in the Downtown Parking Meter Zone that has parking meters. Based on the survey results the Transportation Commission may adjust metered parking rates within the Downtown Parking Meter Zone in increments of no more than fifty cents ($0.50) per hour within the rate set forth in Section 3-5.1401(b). The City Manager or his or her designee will then adjust the rates up or down to seek to achieve the target on-street occupancy rate. The base parking meter rates, and any adjustments to those rates made pursuant to this section, will then become effective upon the programming of the parking meter for that rate and the proper posting of the rates. A current schedule of parking meter rates will be available at the City Clerk’s office and on the City website. (§8, Ord. 2121, eff. 1/16/14)

3-5.1409 Preferential Residential Permit Parking Areas Exempt.

Preferential residential permit parking areas are exempted from the regulations imposed elsewhere in the Downtown Parking Meter Zone, and parking meters will not be installed in these areas. (§9, Ord. 2121, eff. 1/16/14)

3-5.1410 Use of Revenue.

All revenues collected pursuant to the provisions of this Article 14 shall be placed in a special fund, which fund shall be used primarily for activities benefiting the Downtown Parking Meter Zone. The specific authorized use of revenues shall be as follows:

a. For establishing sufficient fund reserves for purposes of capital, asset management and emergency needs.

b. For purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of pay stations and/or parking meters in the Downtown Parking Meter Zone and for the payment of any and all expenses relating thereto.

c. For purchasing, leasing, acquiring, improving, operating and maintaining on- or off-street parking facilities.

d. For downtown improvements, including the installation and maintenance of alternative mode programs, landscaping, pedestrian linkages, sidewalk cleaning and replacement, downtown infrastructure improvements, wayfinding systems, and traffic control devices and signals.

e. For the painting and marking of streets and curbs required for the direction of traffic and parking of motor vehicles.

f. For public safety within the Downtown Parking Meter Zone.

g. For the proper regulation, control, enforcement and inspection of parking and traffic upon the public streets and off-street parking facilities.

h. To be pledged as security for the payment of principal of and interest on financing mechanisms used by the City to meet any of the purposes authorized by this section.

i. For transportation and parking planning, marketing and education programs related to the Downtown Parking Meter Zone.

j. For providing downtown services, activities, programming, improvements and events that benefit the Downtown Parking Meter Zone, either directly or in partnership with other community organizations.

k. For supporting public transit within the Downtown Parking Meter Zone.

l. For implementing the Bicycle Master Plan and other plans related to downtown.

m. For such other purposes as the City Council may determine.

n. Any additional use approved pursuant to City Council resolution. (§10, Ord. 2121, eff. 1/16/14)

Article 15. Special Speed Zones.

3-5.1501 Speed Limits -- Signs.

The City Council shall by resolution designate the speed limit on those streets where speed limits other than those prescribed by state law are necessary for the safe and orderly movement of traffic. These speed limits shall be based on an engineering and traffic study conducted by the City Transportation Engineer. Upon the adoption of such resolution, the City Transportation Engineer shall direct the installation of signs giving notice thereof. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1502 Speed Regulation by Traffic Signals.

The City Transportation 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. (§1, Ord. 1338, eff. February 2, 1978)

Article 16. Bicycles.

3-5.1601 Abandoned Bicycles.

All abandoned bicycles and unidentified bicycles remaining in the possession of the Chief of Police shall, at the end of three months, be sold at auction pursuant to the provisions of Chapter 9 of Title 2 of this code. (§1, Ord. 1338, eff. February 2, 1978; §1, Ord. 2137, eff. 1/1/15. Formerly 3-5.1609)

3-5.1602 Riding on Sidewalks.

a. No person other than City employees or City volunteers acting within the scope of their employment or volunteer activities on behalf of the City shall ride or operate a bicycle on any sidewalk in the City except as permitted in this section.

b. Juveniles under the age of sixteen years may ride and operate their bicycles upon the sidewalk, except such sidewalks as are in front of stores or buildings used for business purposes. Juvenile bicycle riders on a sidewalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.

c. Any person may ride or operate a bicycle on sidewalks designated as bicycle paths by the City Transportation Engineer, provided such bicycle is operated in the same direction of travel as vehicles traveling upon the roadway, except when such bicycle path is designated otherwise. Bicycle riders on a sidewalk bicycle path shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian. (§1, Ord. 1338, eff. February 2, 1978; by §2, Ord. 1855, eff. 3/23/95; and by §1,Ord. 1954, eff. 11/4/99; §1, Ord. 2137, eff. 1/1/15. Formerly 3-5.1610)

3-5.1603 Exemption From Provisions.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1604 Fees.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1605 Term of License.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1606 Form of License.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1607 Removal and Mutilation of License Plate and Serial Number.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1608 Junking of Bicycles.

Repealed by §1, Ord. 2137, eff. 1/1/15. (§1, Ord. 1338, eff. February 2, 1978)

Article 17. Obstruction to Visibility at Intersections.

3-5.1701 Purpose.

The purpose of this ordinance is to provide for the safe and orderly movement of traffic through the intersections of City streets by providing minimum standards of adequate visibility at such intersections. The standards established by this ordinance are those deemed adequate for vehicles traveling upon City streets in a safe, prudent and legal fashion. This ordinance does not apply to intersections fully controlled by either stop signs or traffic signals. Enforcement of the provisions of this ordinance shall be at the discretion of the Transportation Administrator. (§1, Ord. 1338 eff. February 2, 1978; §1, Ord. 1541, eff. August 5, 1982; and by §2, Ord. 1662, eff. 2/6/87)

3-5.1702 Obstruction to Visibility at Intersections Prohibited.

It shall be unlawful for any person or group of persons who owns or is in possession of any real property in the City of Walnut Creek 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 feet above the level of the edge of pavement of the adjacent street within the sight distance area on that property. (§1, Ord. 1338 eff. February 2, 1978; §1, Ord. 1541, eff. August 5, 1982; and by §2, Ord. 1662, eff. 2/6/87)

3-5.1703 Obstruction to Visibility at Intersections/Enforcement.

Every obstruction maintained in violation of this article is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law. Every person who maintains an obstruction in violation of this article is guilty of an infraction. (§1, Ord. 1338 eff. February 2, 1978; §1, Ord. 1541, eff. August 5, 1982; by §2, Ord. 1662, eff. 2/6/87, and by §3, Ord. 1690, eff. 8/19/88)

Article 18. Municipal Off-street Parking

3-5.1801 Authority of the City Transportation Engineer.

a. The City Transportation Engineer is authorized to prohibit, restrict or regulate the parking, stopping or standing of vehicles in any off-street parking facility which is owned or operated by the City.

b. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1802 Speed Limits in Municipal Parking Lots.

The operator of any vehicle shall not exceed a speed of ten miles per hour while driving within any municipal parking lot of the City. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1803 Municipal Parking Lots -- Shortcuts.

It shall be unlawful for the operator of any vehicle to drive across a municipal parking lot as a means of effecting a shortened route between or along public streets. (§1, Ord. 1338, eff. February 2, 1978)

3-5.1804 Designation of Disabled Persons’ Parking Spaces; Public and Privately Owned Parking Facilities

a. The City Transportation Engineer is authorized to designate special parking spaces in any off-street parking facility owned and operated by the City for the exclusive use by disabled persons and disabled veterans.

b. The special parking spaces shall be indicated as specified in the Vehicle Code.

c. Any area of the pavement adjacent to a parking stall or space designated for disabled persons or disabled veterans that is marked by cross hatched lines is hereby designated for the loading and unloading of vehicles parked in the stall or space in any offstreet parking facility owned or operated by a public agency or any privately owned and maintained offstreet parking facility. (§1, Ord. 1338, eff. February 2, 1978; and by §2, Ord. 2012, eff. May 1, 2003)

Article 19. Vacation Trailers and Motor Coaches

3-5.1901 Overnight Parking of Vacation Trailers or Motor Coaches Prohibited Without Permit.

a. No vacation trailer or motor coach in excess of both 20 feet in length and seven feet in height shall be parked or left standing upon any street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a permit has first been issued therefor by the Chief of Police.

b. A permit shall be issued, free of charge, under the following circumstances only:

1. If the motor coach is the only vehicle registered to, and customarily used by, the occupants of the dwelling in front of which it is parked or left standing; or

2. For the purpose of loading or unloading, for two consecutive periods from 2:00 a.m. to 6:00 a.m. before and after a trip. The term "trip" does not refer to daily use of the vehicle, but instead refers to an extended, overnight use of the vehicle which requires additional time to prepare the vehicle. The term "loading and unloading" includes packing food, clothing and supplies and preparing the vehicle’s refrigeration system, and unpacking the vehicle after the trip; or,

3. For the purpose of accommodating visitors who are traveling in the vehicle, not to exceed three consecutive periods from 2:00 a.m. to 6:00 a.m., providing that the vehicle is not in violation of §3-5.1005 of this code.

4. The permit shall be prominently displayed in the lower left portion of the vehicle’s windshield when the vehicle is parked or left standing in a residential district.

c. The term residential district shall mean any district designated as "R" (except R-O); "D"; "M"; or "P-D" if the P-D zone permits residential use, on the Land Use Zone Map of the City of Walnut Creek. (§1, Ord. 1554, eff. November 4, 1982)

d. No vacation trailer or motor coach shall be parked or left standing in any off-street parking facility which is owned or operated by the City between the hours of 2:00 a.m. and 6 a.m. The foregoing provisions shall only be effective if appropriate signs or markings are in place. (§1, Ord. 1996, eff. 6/6/02)

Article 20. Cruising.

3-5.2001 Definitions.

As used in this article, the words set forth below shall have the meanings respectively ascribed to them:

a. Core Area means that area of the City of Walnut Creek bounded by Interstate 680 on the west, the Southern Pacific right-of-way on the east, Walden Road on the north and the intersection of the Southern Pacific right-of-way and Interstate 680 on the south.

b. Cruise or 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 a peace officer, within a specified period and after the vehicle operator has been given adequate written notice that further repetitive driving will be a violation of this article.

c. Highway and motor vehicle shall have the meanings ascribed to them by §360 and §415 of the California Vehicle Code, respectively. (§1, Ord. 1636, eff. November 7, 1985)

3-5.2002 Cruising Prohibited.

a. Cruising is prohibited in the Core Area.

b. No person shall be guilty of cruising unless:

1. That person has driven a motor vehicle past the same traffic control point twice within a two-hour period and has, upon driving past the traffic control point the first time, been given written notice that further driving past the traffic control point shall be a violation of the Walnut Creek Municipal Code.

2. Signs have been posted on the streets subject to cruising controls as set forth in §3-5.2003. (§1, Ord. 1636, eff. November 7, 1985)

3-5.2003 Signs.

Signs shall be erected at the beginning and end of that portion of any street subject to cruising controls. The signs shall state briefly and clearly that cruising is prohibited by §3-5.2002 of the Walnut Creek Municipal Code. (§1, Ord. 1636, eff. November 7, 1985)

3-5.2004 Exclusions.

This article shall not apply to emergency vehicles in-service, taxicabs for hire and buses operated by a government agency and traveling along a fixed route. (§1, Ord. 1636, eff. November 7, 1985)

3-5.2005 Preparation of Warning Notices and Signs.

The Chief of Police is hereby authorized and directed to take such actions as may be necessary to prepare the written notice required by §3-5.2002(b)(l), above, and to construct and erect the signs erected by §3-5.2003, above. (§1, Ord. 1636, eff. November 7, 1985)

Article 21. Interstate Trucks

3-5.2101 Definitions.

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meaning set forth in the California Vehicle Code; provided that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

a. Terminal means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and offloaded or at which the vehicles are regularly maintained, stored or manufactured.

b. Interstate truck means a truck tractor and semi-trailer or truck tractor, semi-trailer and trailer with unlimited length as regulated by the Vehicle Code.

c. Transportation Engineer means the Transportation Engineer of the City of Walnut Creek or his authorized representative.

d. Caltrans means the State of California Department of Transportation or its successor agency. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2102 Purpose.

The purpose of this article is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2103 Application.

a. Any interested person or corporation requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form as provided by the City, together with such information as may be required by the Transportation Engineer and appropriate fees to the City of Walnut Creek.

b. Upon receipt of the application, the Transportation Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility and available routes meet the requirements for an interstate truck terminal. Upon his approval of that designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved without the approval of Caltrans.

c. Should the requested route pass through the City of Walnut Creek to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction’s application process, in addition to complying with the approval application process of the City of Walnut Creek set forth herein. Coordination of the approval of the route through the City will be the responsibility of the entity which controls the terminal’s land use. Costs for trailblazer signs shall be as provided in Section 3-5.2104. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2104 Fees and Costs.

a. The applicant shall pay a non-refundable application fee, as established by the City by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

b. Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall deposit with the City of Walnut Creek sufficient funds as estimated by the Transportation Engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the City on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2105 Retrofitting.

a. If all feasible routes to a requested terminal are found unsatisfactory by the Transportation Engineer, the applicant may request retrofitting the deficiencies. All engineering, construction and right-of-way acquisition will be the responsibility of the applicant. The design and construction of all retrofitting must be reviewed, inspected and approved by the City. All costs incurred by the City for review, inspection and approval are the responsibility of the applicant, regardless of whether the City finds a feasible route and method by which a street can be retrofitted.

b. In the event the Transportation Engineer determines that traffic conditions or traffic volumes at specific times of the day are such that an available route meets the capability requirements at some but not all hours of the day, the Transportation Engineer is expressly authorized to limit the designation of the route for access to interstate trucks to such hours as the route meets the capability requirements. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2106 Revocation of Route.

Upon written notice to the applicant, the Transportation Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. (§1, Ord. 1637, eff. November 7, 1985)

3-5.2107 Appeal Process.

a. If the Transportation Engineer denies the requested terminal designation or route, or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the Transportation Engineer, may appeal said decision to the Transportation Commission in writing. An appeal shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Transportation Engineer or wherein its decision is not supported by the evidence in the record. The Transportation Engineer shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Transportation Engineer, the findings of the Transportation Engineer, and his decision on the application.

b. The City Clerk shall make copies of the data provided by the Transportation Engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the Transportation Commission.

c. If Caltrans and not the Transportation Engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the City Council, but must be made to Caltrans as may be permitted by Caltrans.

d. If the Transportation Commission denies the appeal, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the Transportation Commission, may appeal the Commission’s decision to the City Council. The appeal process shall be the same as that for appeals to the Transportation Commission under subsections (a) and (b) of this section. The decision of the City Council shall be final. (§1, Ord. 1637, eff. November 7, 1985)

Article 22. Preferential Residential Permit Parking

3-5.2201 Purpose.

The provisions of this article set forth procedures for the establishment of permit parking areas within the City of Walnut Creek in order to alleviate, in certain residential areas, motor vehicle congestion caused by long-term parking by nonresidents of those areas. (§2, Ord. 1700, eff. 10/14/88; §2, Ord. 2106, eff. 1/6/12)

3-5.2202 Definitions.

(a) Business means a commercial enterprise or establishment located in the designated preferential permit parking area.

(b) Dwelling Unit means two (2) or more connected rooms designed exclusively for occupancy by one (1) family for living or sleeping purposes and having only one (1) kitchen.

(c) Guest Permit means a valid parking permit issued pursuant to Section 3-5.2206.

(d) Nonresident Vehicle means a motor vehicle not registered to or otherwise properly maintained by a resident residing within the specific residential area in which it is parked.

(e) Parking Permit/Permit means a valid residential parking permit or guest parking permit, in the form of a decal, sticker, or similar device issued pursuant to the provisions of this article, which, when displayed upon a motor vehicle as described herein in the residential area for which it is issued, shall permit the motor vehicle for which it is issued to park in that residential area notwithstanding any parking prohibition in that area established pursuant to the provisions of this article.

(f) Person means as defined at Section 1-3.13(m).

(g) Preferential Residential Permit Parking Area/Permit Parking Area/Residential Area means an area with streets and boundaries designated by the Traffic Engineer within which vehicles displaying a valid parking permit issued for that residential area shall be permitted to park notwithstanding any parking prohibition in that area established pursuant to the provisions of this article.

(h) Traffic Engineer means the person occupying the position of traffic engineer of the City of Walnut Creek. The Traffic Engineer shall designate permit parking areas, establish times and dates of restrictions, and define the boundaries of permit parking areas.

(i) Valid Application means a completed parking permit application obtained from the City Public Services Department on which a resident has provided all requested information and which is accompanied both by evidence of residency and vehicle ownership, with the vehicle registered at the resident’s address, and by the required application fee. Appropriate evidence shall include, but not be limited to, a current vehicle registration, a current driver’s license, and a recent utility bill. (§2, Ord. 1700, eff. 10/14/88 and §4, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2203 Designation of Preferential Residential Permit Parking Areas.

(a) An area shall be evaluated for preferential residential permit parking eligibility if, after meeting with staff and being informed of the criteria used in determining eligibility, residents of the area submit an application meeting the following requirements:

1. The application shall contain a description or a map showing the proposed residential permit parking area.

2. The application shall include a petition containing the signature, printed name, and address of residents of at least sixty-seven percent (67%) of the dwelling units in the proposed area.

3. At the top of each page of the petition shall appear the following statement, with the amounts of the residential and guest permit fees and proposed time restriction included:

"We, the undersigned, are residents of the proposed residential permit parking area described in this application. We request that it be designated a preferential residential permit parking area and, if it is, understand that the following restrictions will be placed upon on-street parking within the area: __________________________; that residents of the area will be eligible to obtain permits exempting them and their visitors from such parking restrictions; that the annual fee for residential parking permits shall be ________ per permit. The fee may be adjusted annually be Council Resolution."

(b) An area for which an application meeting the above requirements has been received shall have its eligibility for permit parking determined on the basis of the criteria listed below. Residential areas that, at the time the preferential residential permit parking program is adopted, already have parking prohibitions or restrictions for the purpose of preventing all-day parking by nonresidents, will not be required to meet the second and third criteria.

1. A minimum of eighty percent (80%) of the property adjacent to the streets in the area must be zoned residential; and

2. A minimum of eighty percent (80%) of all on-street parking spaces within the area must be occupied during any two (2) peak parking hours of any three (3) days during a two (2) week period; and

3. A minimum of twenty-five percent (25%) of the vehicles parked on the street during the aforementioned time period must be registered to nonresidents of the area.

4. A determination by the Traffic Engineer that the size and boundaries of the identified area are such that designating it for permit parking would not result in shifting the parking problem to an adjacent area.

5. Such criteria which the Traffic Engineer deems necessary, which could include, but would not be limited to:

a. The extent to which vehicles owned by residents of the area could be accommodated by off-street parking spaces.

b. The location and number of parking spaces available for the vehicles of nonresidents that would be displaced in the proposed permit parking area.

(c) At the completion of surveys and studies to determine whether the criteria are satisfied, a decision shall be made by the Traffic Engineer as to the eligibility of the area for permit parking. If an area is deemed eligible, a map establishing it as a permit parking area shall be drafted. The map shall be kept as part of permanent City Records. The map shall specify the following:

1. The boundaries of the area.

2. The appropriate prohibition or restriction on parking for the area.

3. The period of the day and the days of the week of the parking prohibition or restriction’s application.

4. The beginning and ending dates of the twelve (12) month period for which permits for the area shall be issued.

(d) The Traffic Engineer may conduct surveys and studies to evaluate the area’s continuing eligibility for permit parking. Upon receipt of a petition signed by at least sixty-seven percent (67%) of the residents of any subarea within a designated permit parking area, the Traffic Engineer is hereby authorized to modify both the hours of restricted parking and the days of restricted parking for vehicles without parking permits within any such subarea. The Traffic Engineer may, at any time, redefine the area boundaries to accommodate new building, to alleviate impacts upon residents caused by overflow parking of an existing area, or to remove subareas that no longer desire permit parking. Such changes shall become effective upon the filing of a notice of such change with the City Clerk, and the posting of signs indicating the new hours and days during which parking without a permit is prohibited or any removal of such signs. (§2, Ord. 1700, eff. 10/14/88; and by §1, Ord. 1773, eff. 6/13/91; by §1, Ord. 1773, eff. 6/13/91; by §1, Ord. 1869, eff. 11/10/95; and by §6, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2204 Issuance of Residential Parking Permits.

The Public Services Department shall be responsible for the receipt of applications from and the issuance of parking permits to persons residing in or conducting business or other enterprises in a permit parking area designated in accordance with Section 3-5.2203.

(a) Each permit application received for the area shall be responded to within ten (10) working days of its receipt, either by issuing a permit or by providing the applicant with a written explanation of the reason(s) that the permit application is being denied.

(b) A residential parking permit may be issued for a motor vehicle upon receipt of a valid application from a resident of a designated permit parking area.

1. The applicant must demonstrate that he or she is currently a resident of the area for which the permit is to be issued; and

2. The applicant must demonstrate that he or she has ownership or continuing custody of the motor vehicle for which the permit is to be issued.

(c) No more than one (1) permit may be issued to each motor vehicle for which application is made.

(d) Permits shall be good for a twelve (12) month period and shall be renewable annually. Verification of current residency and of vehicle ownership shall be required for renewals.

(e) Each permit shall be valid only for the particular vehicle, twelve (12) month period, and permit area for which it is issued.

(f) No more than three (3) permits may be issued to any one (1) dwelling unit for vehicles owned by residents of that dwelling unit.

(g) A preferential residential parking permit may, in addition, be issued upon receipt of a valid application for any vehicle owned or leased by a person who owns or leases commercial property and engages in business activity within the particular preferential residential permit parking area. A business located in a residential permit parking area will be allowed to obtain one (1) permit for each motor vehicle it owns up to a maximum of three (3) parking permits per business.

(h) Each residential parking permit shall clearly display the expiration date, the permit parking area, and the number of the permit.

(i) Each residential parking permit shall be affixed to the vehicle for which it is issued in the location determined by regulations adopted pursuant to Section 3-5.2202(h).

(j) Records of the number of parking permits issued to each dwelling unit, the names of permit holders, the license numbers of vehicles for which permits have been issued, the preprinted number of each permit, and the documents checked to establish residency and vehicle ownership for each permit shall be maintained by the Public Services Department. (§2, Ord. 1700, eff. 10/14/88; by §2, Ord. 1869, eff. 11/10/95 and by §7, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2205 Revocation of Residential Parking Permits.

The Public Services Director may revoke the parking permit of any person or for any vehicle known to the Public Services Department to no longer be eligible for a permit. Written notice stating the reason for the revocation and requesting removal of the permit from the vehicle shall be given to the permit holder. (§2, Ord. 1700, eff. 10/14/88; and §8, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2206 Guest Parking Permits.

(a) Each dwelling unit within a residential area which is the residence of one (1) or more valid permit holders shall be eligible to receive two (2) guest permits valid in the permit parking area in which the dwelling unit is located. A maximum of two (2) guest permits per dwelling unit may be issued to residents of such unit. One (1) additional guest permit may be issued to nonresident property owners for properties owned in that area upon submission of proof of ownership.

(b) The guest permits will be in the form designated by regulations adopted pursuant to Section 3-5.2202(h). They will be valid for the entire permit year for the area for which they are issued and for all vehicles in which they are displayed.

(c) There will be a twenty-five dollar ($25.00) charge to replace a lost guest permit. A signed affidavit stating that the original guest permit has been lost will be required before a replacement will be issued.

(d) Residents of designated permit parking areas who live in dwelling units in which no members have purchased resident parking permits can be issued two (2) guest permits by providing proof of residency of one (1) of its members and by paying the amount of the annual fee charged for a residential parking permit.

(e) A maximum of twenty (20) free one (1) day guest parking permits, per special event, can be obtained by residents of designated permit parking areas by requesting them, in person, from the Public Services Department at City Hall. (§2, Ord. 1700, eff. 10/14/88; by §3, Ord. 1869, eff. 11/10/95; and by §9, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2207 Appeal.

(a) If an area has been deemed ineligible for permit parking by the Traffic Engineer, any resident of the area may appeal the decision to the Transportation Commission by filing with the City Clerk a written notice of appeal.

(b) Any person who has been denied a permit or had a permit revoked may appeal the decision to the Transportation Commission by filing with the City Clerk a written notice of appeal.

(c) In the event of a dispute by a resident or residents pertaining to parking restrictions, time or days, permit parking area boundaries, or requests to remove permit parking, the Transportation Commission shall hear all appeals. The Transportation Commission shall conduct a public hearing, consider the request and provide a final ruling on such issues. Notice of the hearing shall be posted at least ten (10) days prior to the hearing on all block fronts affected within the preferential residential parking permit area in question.

(d) Any person given the right by this section to appeal a matter to the Transportation Commission shall take such appeal by filing, in writing with the City Clerk, a written notice of such appeal setting forth the specific grounds of appeal. Upon receiving an appeal, the Transportation Commission may take one (1) of the following actions:

1. Adopt or affirm the action appealed from without hearing.

2. Refer the matter back to the body or person appealed from for further proceedings, with or without instructions, without hearing.

3. Decide the matter upon the record, with or without taking additional evidence. If the Transportation Commission decides a matter under this subsection, it shall allow the party or parties to present either oral or written argument before the Commission.

4. Decide the matter following a public hearing.

(e) Any notice of appeal under this section shall be filed with the City Clerk within fourteen (14) days after receipt of written notice of such action appealed from, but in no event later than thirty (30) days after the date of such action.

(f) The City Clerk shall set the matter for consideration before the Transportation Commission at a subsequent meeting and shall give notice to the parties not less than ten (10) days prior to such consideration unless such notice is waived in writing by the parties. The appellant shall bear the burden of proof, on the grounds specified in the notice of appeal, why the challenged action should be overturned. The Transportation Commission may continue the matter from time to time, and its findings and decision on the appeal shall be final and conclusive in the matter.

(g) Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Transportation Commission shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§2, Ord. 1700, eff. 10/14/88 and §10, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

3-5.2208 Permit Fees.

The annual fees for permits shall be established by resolution of the City Council. (§2, Ord. 1700, eff. 10/14/88; and by §4, Ord. 1869, eff. 11/10/89; §2, Ord. 2106, eff. 1/6/12)

3-5.2209 Permit Parking Exemptions.

(a) A motor vehicle on which is displayed a valid residential parking permit, as provided for herein, shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by prohibitions or restrictions established pursuant to this chapter.

1. This chapter shall not be interpreted or applied in a manner which shall abridge or alter regulations established by authority other than this chapter.

2. This chapter shall not exempt the permit parking holder from other traffic controls and regulations existing in the designated preferential residential permit parking area.

3. This chapter shall not permit the parking permit holder to leave standing his or her vehicle for more than seventy-two (72) hours.

4. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.

(b) Any emergency vehicle, including, but not limited to, an ambulance, fire engine, or police vehicle, which is under the control of an individual providing service to a property located in the permit parking area shall be permitted to stand or be parked on a street in the area without being limited by the prohibitions or restrictions established pursuant to this chapter.

(c) Any vehicle, including, but not limited to, a delivery, utility, or service vehicle, which is under the control of an individual providing service to property located on a street in the permit parking area shall be permitted to stand or be parked on a street in the area without being limited by the prohibitions or restrictions established pursuant to this chapter. Identification of such vehicle as a commercial, utility, or service vehicle shall be the responsibility of the driver of such vehicle.

(d) Any vehicle which is identified as used by a disabled or handicapped individual meeting the requirements of Section 22511.5 of the State of California Vehicle Code and displays a handicap plate or placard shall be permitted to stand or be parked on a street in the area without being limited by the prohibitions or restrictions established pursuant to this chapter. (§2, Ord. 1700, eff. 10/14/88; §2, Ord. 2106, eff. 1/6/12)

3-5.2210 Posting of Permit Parking Areas.

(a) Upon establishing a preferential residential permit parking area, the Traffic Engineer shall direct the installation of appropriate signs in the area, indicating prominently thereon the parking time limitation or prohibition, the period of the day for its application, and the conditions under which permit parking shall be exempt therefrom.

(b) Once appropriate signs are erected in a permit parking area, a warning period of fourteen (14) days shall go into effect. During this warning period, motor vehicles not displaying permits that are parked on the street in violation of or in excess of the posted parking prohibition or time-limit restriction shall not be cited. (§2, Ord. 1700, eff. 10/14/88; and by §5, Ord. 1869, eff. 11/10/95; §2, Ord. 2106, eff. 1/6/12)

3-5.2211 Violations.

It shall be unlawful and constitute a violation of this chapter for any person to do, or cause to be done, any of the following:

(a) To stand or park a motor vehicle without a properly displayed current permit in violation of a signed parking prohibition or time-limit parking restriction on a street in a permit parking area;

(b) To falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application for a permit;

(c) To permit the use or display of, or to use or display, a valid parking permit issued under this chapter on a motor vehicle other than that for which the permit was issued;

(d) To copy, reproduce, or otherwise bring into existence a facsimile or counterfeit residential or guest parking permit;

(e) To knowingly use or display a facsimile or counterfeit resident or guest parking permit in order to evade a prohibition or time limitation on parking applicable in the permit parking area;

(f) To sell, give, or exchange a valid parking permit issued under this chapter to any other person;

(g) To knowingly commit any act which is prohibited by the terms of this chapter. (§2, Ord. 1700, eff. 10/14/88; §2, Ord. 2106, eff. 1/6/12)

3-5.2212 Review and Evaluation of the Preferential Residential Permit Parking Program.

The Traffic Engineer shall regularly evaluate the preferential residential permit parking program and any modifications to this article resulting from this review shall become effective upon the filing of a notice of such change with the City Clerk, and the posting of signs indicating the new hours and days during which parking without a permit is prohibited. (§2, Ord. 1700, eff. 10/14/88; by §6, Ord. 1869, eff. 11/10/95 and §11, Ord. 2046, eff. 12/1/2005; §2, Ord. 2106, eff. 1/6/12)

Article 23. Obstructions to Sidewalks/Public Areas.

3-5.2301 Obstructing Sidewalk Areas.

No person shall willfully and substantially obstruct any street, sidewalk, passageway or other public place so as to block or interfere with the free movement of another person. (§1, Ord. 1822, eff. 6/17/93)

3-5.2302 Disturbing Landscaped or Decorative Areas.

No person shall stand, sit, climb upon, lay upon, or otherwise disturb or damage any landscaped or decorative public area which has been landscaped and which is not intended for public occupancy. This section shall apply, but not be limited, to planter boxes, trees, tree wells, areas of shrubbery, the interior of decorative water fountains, and any similar landscaped or decorative improvements. This section shall not apply to open grass or recreational areas in public parks. (§1, Ord. 1822, eff. 6/17/93)

3-5.2303 Use of Pedestrian Benches and Plaza Areas.

No person shall stand or lay upon any public bench or structure designed as a general sitting area so as to prevent the intended use of these areas. This section shall also apply to portions of decorative fountains which are constructed so as to provide public sitting areas.

Nothing contained herein shall be deemed to prohibit persons from sitting on public benches or other public facilities which are provided for such purpose. (§1, Ord. 1822, eff. 6/17/93)

3-5.2304 Exceptions.

Sections 3-5.2301 through 3-5.2303 shall not apply where their application would result in an interference with or inhibition of the constitutionally protected right of freedom of speech or assembly. In addition, these sections shall not apply to any public officer or employee or employees of a public utility when that person is necessarily upon such area in the line of duty. (§1, Ord. 1822, eff. 6/17/93)

3-5.2305 Penalty; Misdemeanor or Infraction.

Any person who violates any provision of §3-5.2301 through 3-5.2304 shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in §1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§1, Ord. 1822, eff. 6/17/93)


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Prior ordinance history: 721, 787, 805, 808, 862, 909, 956, 1049, 1143, 1205, 1219, 1260, 1311