Loading...
HomeMy WebLinkAbout6.4 OrdRltng2TrffcCntrl&RegCITY OF DUBLIN AGENDA STATEHENT City Council Meeting Date: November 9, 1987 SUBJECT: Public Hearing: Ordinance Relating to Traffic Control and Traffic Regulations EXHIBITS ATTACHED: Draft Ordinance Relating to Traffic Control and Traffic Regulations. RECOMMENDATION:~~I)2) 4) Open Public Hearing Receive Staff report and public testimony Question Staff and the public Close Public Hearing and deliberate Waive reading and introduce ordinance relating to traffic control and traffic regulations. FINANCIAL STATEMENT: None DESCRIPTION: This ordinance ~i_s.~ par~ pf~ thp ~ity's municipal code.up.~ate. Most provisions a-~e--~-asi~ally the same as those of the Alameda County Ordinance Code, which was adopted by reference when the City incorporated in 1982. The proposed City of Dublin Traffic Code, which is a separate item on this agenda, includes all the items of regulation that were listed in the Alameda County Code. The ordinance adopting the Traffic Code must be adopted prior to adoption of the ordinance relating to traffic control and restrictions so that there is no period of time in which the City is without regulations. This qKd%B~/lce allows a number of traffic control items, such as STOP signs, YIELD signs, signalized intersections, and through streets, to be adopted by resolution rather than by ordinance. While a potentially controversial issue such as a STOP sign could and would still be given a public hearing, a minor item such as a "through street" (minor streets intersecting a "through street" are required to have STOP signs) could be placed on the consent calendar. Other items are still designated to be adopted by ordinance. This is consistent with the California Vehicle Code (CVC), which specifies whether an item may be adopted by resolution or must be adopted by ordinance. The City Manager is authorized to designate mandatory.left- or right- turn lanes or place other lane markings or signs indicating the course traffic is to take on a street. A provision has also been included that allows the City Manager to red-curb 15 feet on either side of a driveway without adopting an ordinance creating a no parking zone. This was requested so that sight-distance problems could easily be alleviated. Section 33, Selling from Vehicles, is currently covered under the Alameda County Streets and Highways Code rather than in the Traffic Code. Other provisions of this ordinance, which are a part of the Alameda County Code and therefore already in effect in Dublin, include the following' permitting the police or other persons designated by the Chief of Police to direct traffic, or in the case of construction traffic control, persons designated by the City Manager; permitting the police to have a vehicle towed if illegally parked (including the 72-hour limit); allowing a private property owner to request that vehicles be towed from his property as long as the property is properly posted; giving authority to the the City Council to ITEM NO. ~ COPIES TO: adopt new regulations; and regulating the operation of bicycle lanes and skateboards. As a point of information, the CVC recognizes a bicycle as a vehicle and regulates it as such. The authority to regulate skateboards is delegated to the local agency, and a skateboard is technically considered to be a "pedestrian." This ordinance is intended to work along with the CVC and does not duplicate any of the CVC's provisions. Staff recommends that the City Council waive the reading and introduce the ordinance. -2- ORDINANCE NO. - 87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO TRAFFIC CONTROL AND_TRAFFIC RESTRICTIONS The City Council of the City of Dublin does ordain as follows: CHAPTER 1. TRAFFIC CONTROL ARTICLE 1. GENERAL Section 1. DEFINITIONS: (a) CODE DEFINITIONS. Whenever any words or phrases used in this Chapter are not defined, but are defined in Division 1 (commencing with Section 100) of the California Vehicle Code and amendments thereto, such definitions shall apply. (b) CITY MANAGER. "City Manager" shall mean the City Manager or his designee. (c) ORDINANCE. Whenever action under this Title is required to be taken by ordinance, the ordinance shall be uncodified and the provisions thereof shall be included in the City of Dublin Traffic Code. (d) TRAFFIC CODE. "Traffic Code" shall mean that compilation of ordinances and resolutions and other regulations relating to traffic adopted pursuant to this Chapter and maintained by the City Engineer. Section 2. NO TURNING; NO U-TURNS: It shall be unlawful for the driver of any vehicle to turn such vehicle (either left hand turn, right hand turn or U-turn) at the intersection or between the intersections and between the hours and on the days designated by the City Council by ordinance when signs are erected giving notice thereof. Section 3. NO RIGHT TURN ON RED: It shall be unlawful for the driver of any vehicle to make a right turn at the intersections and between the hours and on the days designated by the City Council by ordinance when signs are erected giving notice thereof. Section 4. STOP SIGNS - THROUGH STREETS: It shall be unlawful for the driver of any vehicle to fail to stop at the entrance or entrances to those streets or parts of streets designated by the City Council by resolution when signs are erected giving notice thereof. Section 5. STOP SIGNS - INTERSECTIONS: It shall be unlawful for the driver of any vehicle to fail to stop at the entrance or entrances to those intersections designated by the City Council by resolution when signs are erected giving notice thereof. Section 6. YIELD RIGHT-OF-WAY: The City Council, by resolution, shall designate the entrances to intersections on highways at which yield right-of-way signs shall be erected. Section 7. ONE-WAY STREETS: It shall be unlawful for the driver of any vehicle to drive or park such vehicle on any street listed in the Traffic Code as a one-way street, except in the direction indicated in the Traffic-Code, when signs are erected~ giving notice-thereof. The City Council shall designate the one-way streets, and the direction of traffic thereon, by resolution. Section 8. TRAFFIC SIGNALS: The City Manager shall install traffic signals at such locations as designated by the City Council by resolution. Section 9. OBEDIENCE TO TRAFFIC SIGNS, SIGNALS AND MARKINGS: It shall be unlawful for any person to disobey the instructions of any mechanical or electrical traffic signal, traffic sign or marking upon the street placed in accordance with the provisions of this Chapter. Section 10. NEW SURFACING OR PAINT: It shall be unlawful for any person to drive a vehicle over or across any newly laid pavement or street surfacing or newly painted markings on any street when an appropriate barrier, sign, marker or any other warning device is in place. Section 11. STREET CLOSINGS: It shall be unlawful for any person to drive a vehicle over any street or portion thereof when any barrier, sign, marker or other warning device gives notice that such street or portion thereof is closed. Section 12. TURNING MARKERS AND MOVEMENTS: The City Manager is authorized to place markings, signals, signs, devices or other indications upon or adjacent to a street indicating the course to be traveled by vehicles on such streets. The City Manager is authorized to locate and indicate one or more lanes of traffic from Which drivers of vehicles may make right or left hand turns. The City Manager is authorized to place dividing markers in intersections whenever, in his opinion, traffic conditions warrant such placement. Section 13. BARRIERS AND SIGNS: No person, public utility, or any department in this City shall erect or place any barrier or sign on any street unless of a type and in a manner previously approved by the City Engineer, except in cases of emergency pending the posting of a proper sign. It shall be unlawful for any person to disobey the instruction of any barrier or sign placed in any street by any public utility or by any department of this City, provided the type of barrier or sign so erected has been first approved by the City Engineer. Section 14. CONSTRUCTION: The City Manager may designate persons to regulate traffic at the site of road or street construction or maintenance. Section 15. FUNERAL PROCESSION: It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession, providing that such vehicles are conspicuously so designated, or authorized parade, and the disposition and the directing of all vehicles and traffic on any street over which such procession or parade wishes to pass shall be entirely subject to the orders of the Police Department. Section 16. REPAIRING VEHICLES ON STREET: It shall be unlawful for any person to construct, or cause to be constructed, or repair, or cause to be repaired, any vehicle or part thereof, upon any street., excepting temporary repairs in case of accident. Section 17. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR IN OR ABOUT A MOTOR VEHICLE: It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to be in or about any automobile, motorcycle or other motor vehicle, to which he has right of access or control, unless the same is under the immediate control or operation of a person not under the influence of intoxicating liquor or narcotic drugs. Section 18. SHORTCUTS: It shall be unlawful for the operator of any vehicle to drive across a municipal parking lot, public property not intended for use as the public right of way or private property as a means of effecting a shortened route between or along highways except with the express permission of the owner of such property. ARTICLE 2. TRAFFIC CONTROLLED BY OFFICERS Section 19. POLICE AND AUTHORIZED PERSONS MAY DIRECT TRAFFIC: (a) officers of the police department and persons designated by the Chief of Police pursuant to California Vehicle Code § 21100(e) are hereby authorized to direct all traffic by means of visible or audible signal. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of traffic or police officer or designated person, or at any regularly established school crossing, to refUse to or fail to comply with any order, signal or direction of any person appointed by the chief of Police to control traffic at school crossings, provided that such person giving any order, signal or direction at such school crossing shall at all times be wearing some insignia indicating such appointment. (b) The Chief of Police is hereby granted the power to determine the streets and intersections on which, and the time at which movement of traffic shall be directed. ARTICLE 3. PARKING (GENERAL) Section 20. POSTING PROPERTY: It Shall be unlawful for any person to drive or park a motor vehicle upon land or premises where the owner or the person occupying or having possession of or the agent thereof shall have posted on such property or premises a notice of a size at least 17" inches by 22 inches with letters at least one inch high in substantially the following form, and where the permission therein referred to shall not have been granted: NOTICE "This is private property. It is illegal to park or drive on this property without permission of the owner. Vehicles will be towed at vehicle owner's expense. For towed vehicles call Dublin Police Department (829-0566). City of Dublin Ordinance ..-87, § 19." Owner It shall also be unlawful for any person without permission of the owner or person entitled to the possession thereof to park any motor vehicles in or upon any private property, so as to interfere with the use thereof. Section 21. WHEN VEHICLES MAY BE REMOVED FROM STREETS: Any regularly employed and salaried officer of the Police Department or any peace officer may remove a vehicle from a street under the following circumstances: (a) When a vehicle is parked or left standing upon a street for seventy-two (72) or more consecutive hours; (b) When a vehicle is parked or left standing upon a street when such parking or standing is prohibited by ordinance or resolution of the City Council and signs are posted giving notice of such removal. (c) When any vehicle is parked or left standing upon a street where the use of such street or portion thereof is necessary for the cleaning, repair or construction of the street or for the installahlon or repair of underground utilities or where the use of the street or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal. (d) When any vehicle is parked or left standing in violation of the provisions of Vehicle Code § 22651. Section 22. PARKING SPACES: The City Manager may cause parking spaces on streets to be marked with white lines designating such parking space. No person shall stop, park or leave standing any vehicle on a street in any manner other than wholly within a parking space so designated. ARTICLE 4. NO PARKING AND LIMITED PARKING (ALL VEHICLES) Section 23. (a) NO PARKING: GENERAL. It shall be unlawful for the driver of a vehicle to stop, park or leave standing such vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer, traffic officer, or traffic sign or signal: (1) In such no parking or restricted parking areas as designated by the city Council by resolution; (2) In such no parking or restricted parking areas as may be defined, designated or established by the city Manager and the City Manager is specifically authorized to designate 15 feet on either side of a driveway as a no parking area; or (3) In violation of any provision of any City ordinance. The area referred to in subsections (1) and (2) shall be designated by placing and maintaining paint or other material in the appropriate colors, as specified in Section 24, upon the curb or surface of such area; provided, however, in lieu thereof the City Manager, in his discretion, may place appropriate signs on the area 6f the street or highway to be so designated. (b) DESIGNATED HOURS AND DAYS. It shall be unlawful for the driver of any vehicle, including vehicles which are six (6) feet or more in height (including any load thereon) and are within one hundred (100) feet of any intersection, to stop, stand or park such vehicle between the hours and on the days in any of the streets, or portions of streets, all as designated by the City Council by resolution. (c) DESIGNATED PERIODS OF TIME. It shall be unlawful for the driver of any vehicle to leave such vehicle standing for a period of time greater than the length of time and on the days and during the hours and on any of the streets or portions of streets, all as designated by the City Council by resolution. Section 24. CURB MARKINGS: Whenever the City Council enacts parking prohibitions or restrictions and directs the placement of curb markings designating such prohibitions or restrictions, the following colors only shall be used, and the colors indicate as follows: (a) RED indicates no stopping, standing, or parking, except that a bus may stop in a red zone marked or sign posted as a bus loading zone. (b) YELLOW indicates no stopping, standing, or parking at any time between the hours of 8:00 a.m. and 5:00 p.m. of any day except Sundays and holidays, for any purpose other than loading or unloading freight onto or from a commercial vehicle, or passengers, in an expeditious manner, and in no case for more than twenty (20) minutes for loading or unloading freight onto or from a commercial vehicle, nor for more than three (3) minutes for loading or unloading passengers, except as otherwise indicated by signs placed pursuant to ordinance. (c) WHITE indicates no stopping, standing, or parking, for any purpose other than loading or unloading passengers or depositing mail in an adjacent mailbox in an expeditious manner, and ~n no case for more than three (3) minutes. This restriction shall be effective between the hours of 8:00 a.m. and 5:00 p.m. of any day except Sundays and holidays, except that it shall be effective at all times in front of a police station, fire station, hospital, mailbox, post office, hotel or theater open for business, and except as otherwise indicated by signs placed pursuant to ordinance. (d) GREEN indicates no stopping, standing, or parking, for a peri©d of time greater than twenty (20) minutes between the hours of 9:00 a.m. and 9:00 p.m. of any day except Sundays and holidays, and except as otherwise indicated by signs placed pursuant to ordinance. (e) BLUE indicates parking limited exclusively to the vehicles of physically handicapped persons. ARTICLE 5. TOW AWAY ZONES Section 25. AUTHORITY TO TOW AWAY: Any duly authorized and acting police officer of the City of Dublin is hereby authorized to remove or cause removal of a vehicle from any street within the City of Dublin when such vehicle is left standing within any area hereinafter designated during the hours in which parking is prohibited at such location. The vehicle shall be removed to a garage or other place of safety designated or maintained by the City of Dublin. Section 26. PAYMENT OF CHARGES: The owner or person having the right to possession of any vehicle removed pursuant to this Chapter shall pay all such removal, towing and storage charges before he shall be entitled to regain possession of such vehicle. Section 27. NOTIFICATION: Whenever a vehicle is removed under this Chapter, the officer authorizing such removal shall ascertain from the registration records in the vehicle or from the reqistration records of the Department of Motor Vehicles the name an~ address of the registered and legal owner thereof. If the vehicle is not claimed within twenty-four (24) hours following removal, the Police Department shall give or cause to be given written notice to the registered and legal owner of the fact of such removal, the grounds therefor and of the place to which such vehicle has been removed. Section 28. DESIGNATION OF TOW AWAY ZONES: The City Council shall, by resolution, designate the streets, or portions of streets, to which this Article applies. Signs shall be posted giving notice that such streets, or portions thereof, are tow-away zones. ARTICLE 6. SPEED LIMITS Section 29. SPEED LIMITS: Pursuant to the procedures set forth in the California Vehicle Co~e, the City Council shall by ordinance determine the prima facie speed limit for any streets, or portions of streets, so designated by ordinance. ARTICLE 7. MISCELLANEOUS Section 30. PERMISSIBLE WEIGHTS: The permissible weights of vehicles and their loads operated or moved upon those streets designated by the City Council by ordinance shall be the weights fixed by such ordinance; providing proper signs are in place. Section 31. OBSTRUCTION OF ENFORCEMENT: No person shall obstruct the enforcement of this Chapter by any officer, employee, or peace officer of the City of Dublin by: (a) removing, obliterating or concealing any distinguishing mark placed by any such officer or employee on any vehicle in the course of enforcing any provision of this Chapter, or; (b) moving any vehicle from any parking space on any street where parking is limited as to time to any other parking space on any street where parking is limited as to time for the purpose of evading any such parking time limitation established by or pursuant to any provision of this Chapter. Section 32. OFF-STREET DRIVING OF MOTORCYCLES, ETC., PROHIBITED: No person shall drive a motorcycle, motor-driven cycle or go-cart upon any property in the City of Dublin other than a public street, except: (a) when lawfully entering or leaving such property; (b) when such use of property is specifically permitted pursuant to the provisions of the Zoning Code of the City of Dublin. Section 33. STORAGE ON STREET PROHIBITED: No vehicle shall be parked or left standing on a street fok seventy-two (72) or more consecutive hours. Section 34. STRUCTURES, VEHICLES, ETC., PLACED ON PUBLIC STREETS FOR SALE: SELLING FROM: PROHIBITED. Any person who pazks or places any structure, cart, wagon or other vehicle within any public street, public lane, public alley, public road or public highway not subject to the provisions of Section 731 of the Streets and Highways Code of this State or on any public sidewalks for the purpose of selling such structure, cart, wagon or vehicle, or of selling therefrom or therein any article or thing, and any persons selling, displaying for sale or offering for sale any article or thing, either in or from any such structure, cart, wagon or vehicle so parked or placed, and any person storing, servicing, repairing or otherwise working upon any such cart, wagon or vehicle other than upon a cart, wagon or vehicle which is temporarily disabled is guilty of a misdemeanor. Section 35. PASSENGER LOADING ZONES: The City Council, by resolution, may establish zones restricted to passenger loading. The City Manager may place markings or signs designating the days and hours when such restriction sh~ll be effective. When said signs or markings are in place and during the time designated thereon, no persons shall stop, stand or park a vehicle in any passenger loading zone so designated for any purpose other than the loading or unloading of passengers or depositing mail in an adjacent mailbox in an expeditious manner, and in no event for more than three (3) minutes. Section 36. BUS STOPS: The City Council, by ordinance, may establish stands for buses and other public carriers. The City Manager shall place markings designating such stands. When such markings are in place, no person shall stop, stand or park a vehicle in any such area except for buses or other public carriers. Section 37. DISABLED PERSONS AND VETERANS PARKING ZONES DESCRIBED: MARKING: The portions of streets designated by the City Council by resolution are disabled persons and veterans parking zones. The disabled persons and veterans parking zones described in this Article shall be indicated by placing and maintaining blue paint upon the entire curb surface or edge of the paved portion of the street within the areas designated. It is unlawful for the operator to park any vehicle, attended or unattended, in that space adjacent to the curb on any portions of streets described in this Article or at any time except for %hose vehicles which display a distinguishing license plate or placard issued pursuant to § 22511.5 of the California Vehicle Code or to disabled veterans, as specified in § 9105 of the California Vehicle Code. Section 38. COUNCIL AUTHORITY: The City Council may adopt such other restrictions not in conflict with state law relating to vehicular or pedestrian use of the streets or private roadways or parking facilities as it deems necessary or appropriate. Section 39. MARKED CROSSWALKS: The City Manager may establish, designate, and maintain marked crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway. Section 40. NO CROSSING: The City Manager may install signs at or adjacent to an intersection directing pedestrians not to cross the roadway within an unmarked crosswalk at such intersection. ARTICLE 8. BICYCLES/SKATEBOARDS Section 41. BICYCLE LANES: The City Council may by resolution establish bicycle lanes separated from any vehiclular lanes upon certain streets or portions thereof, regulate the operation and use of bicycles, vehicles and pedestrians with respect to such bicycle lanes, and direct the placement of signs or pavement markings or both designating such bicycle lanes and regulations. When such signs or pavement markings are in place, no person shall operate or use a bicycle or vehicle contrary to the provisions thereof. Section 42. SKATEBOARDS: No person shall ride or propel a skateboard upon a roadway at a speed greater than is, or in a manner other than is, reasonable or prudent having due regard for weather, visibility, the traffic on, and the grade, surface and width of, the roadway, and in no event at a speed or in a manner which endangers his safety or the safety of other persons or property. (b) No person shall ride or propel a skateboard on any roadway which has been divided into two or more clearly marked lanes for traffic in each direction. (c) No person riding or propelling a skateboard on a roadway shall attach the same or himself to any vehicle, animal or bicycle. (d) No person shall ride or propel a skateboard within 100 feet of his approach to or departure from any intersection of highways or within any such intersection. (e) No person shall ride or propel a skateboard on or across any roadway in such a manner as to interfere with the movement of vehicles thereon. (f) No person shall ride or propel a skateboard in the streets or sidewalks of any business district in the City. No person shall ride or propel a skateboard on a roadway during the hours of darkness. (h) No person riding or propelling a skateboard on a roadway shall carry any package, bundle or article in his hands. (i) No person shall ride or propel a skateboard in a bicycle lane. Section 43. This Ordinance supercedes the provisions of Chapters 1 and 2 of Title 6 of the Alameda County Code which were adopted by Dublin Ordinance No. 13. Section 44. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED on this AND ADOPTED by the City Council of the City of Dublin day of , 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk