CHAPTER 4 - TRAFFIC

 

 

Article 1. Definitions*

 

Sec. 4-4.101          Vehicle Code and Chapter Definitions.

 

(a)                Vehicle Code Definitions. Whenever any words or phrases used in this chapter are not defined in this chapter but are defined in the Vehicle Code of the State (referred to in this chapter as Vehicle Code), such definitions are incorporated in this chapter and shall be deemed to apply to such words and phrases used in this chapter as though set forth in full.

 

(b)               Chapter Definitions. The words and phrases defined in this article, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this article.

 

(§1, Ord. 452)

 

 

Sec. 4-4.102          Freight Carrier.

 

            "Freight carrier" shall mean a common carrier engaged in the ordinary transportation of goods and distinguished from express delivery by lower rates, deferred dispatch, extra charges for delivery and pick up, or larger volume minimum. Upon application, any carrier meeting this definition may be issued a freight carrier permit by the City Council for the purposes of Section 4-4.1102(a)(1). The fee for such permit shall be established by resolution of the City Council.

 

(§ 1, Ord. 833, eff. October 8, 1988)

 

 

Sec. 4-4.103          Holiday.

 

            "Holiday" shall mean the first day of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day

 

            *Editor's Note: Section 1 of Ord. No. 833 redesignated Sections 4-4.102—4-4.110 as Sections 4-4.103—4-4.111.

 

of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, twelfth day of February, twenty-second day of February, thirtieth day of May, fourth day of July, ninth day of September, twelfth day of October, eleventh day of November, or twenty-fifth day of December falls upon a Sunday, the Monday following shall be a holiday.

 

(§2, Ord. 452)

 

 

Sec. 4-4.104          Loading Zone.

 

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

 

(§3, Ord. 452)

 

 

Sec. 4-4.105          Official Time Standard.

 

            Whenever certain hours are named in this chapter, such hours shall mean standard time or daylight saving time as may be in current use in the City.

 

(§4, Ord. 452)

 

 

Sec. 4-4.106          Park.

 

            "Park" shall mean to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading passengers or materials.

 

(§5, Ord. 452)

 

 

Sec. 4-4.107          Passenger Loading Zone.

 

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

 

 (§6, Ord. 452)

 

 

Sec. 4-4.108          Pedestrian.

 

            "Pedestrian" shall mean any person afoot. (§7, Ord. 152)

 

 

Sec. 4-4.109          Police Officer.

 

            "Police officer" shall mean every officer of the Police Department or an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

 

 (§9, Ord. 452)

 

 

Sec. 4-4.110          Safe Place.

 

            "Safe place" shall include, but not be limited to any publicly or privately owned garage, parking lot, or other storage space or impoundment area the manager, owner or proprietor of which agrees to accept and act as bailor for vehicles impounded pursuant to Article 17 of this Title 4.

 

(§1, Ord. 783, eff. November 13, 1985; §1, Ord. 790, eff. March 5, 1986)

 

 

Sec. 4-4.111          Stop: Stop or Stand.

 

(a)                Stop. "Stop", when required, shall mean complete cessation of movement.

 

(b)               Stop or Stand. "Stop or stand", when prohibited, shall mean any stopping or standing of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

 

(§10, Ord. 452; §1, Ord. 783, eff. November 13, 1985)

 

 

Sec. 4-4.112          Trailer.

 

            "Trailer" shall mean a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for carrying persons and/or property.

 

(§1, Ord. 1010-02, eff. October 17, 2002)

 

 

Article 2. Traffic Administration

 

 

Sec. 4-4.201          Traffic Division Established.

 

            There is hereby established in the Police Department a Traffic Division which shall be under the control of an officer of police appointed by, and directly responsible to, the Chief of Police.

 

(§30, Ord. 452)

 

 

Sec. 4-4.202          Traffic Division: Duties.

 

            It shall be the duty of the Traffic Division, with such aid as may be rendered by other members of the Police Department, to enforce the street traffic regulations of the City and all the vehicle laws of the State applicable to street traffic in the City, to make arrests for traffic violations, to investigate traffic accidents, to cooperate with the Traffic Engineer and other officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the Traffic Division by the provisions of this chapter and the traffic laws of the City.

 

(§31, Ord. 452)

 

 

Sec. 4-4.203          Traffic Accident Studies.

 

            Whenever the accidents at a particular location become numerous, the Traffic Division shall cooperate with the Traffic Engineer in conducting studies of such accidents and determining remedial measures.

 

(§32, Ord. 452)

 

 

Sec. 4-4.204          Traffic Accident Reports.

 

            The Traffic Division shall maintain a suitable system of filing traffic accident reports. Accident reports, or cards referring to them, shall be filed alphabetically by location. Such reports shall be available for the use and information of the Traffic Engineer.

 

(§33, Ord. 452)

 

 

Sec. 4-4.205          Annual Traffic Safety Reports.

 

            The Traffic Division shall annually prepare a traffic report which shall be filed with the Council. Such report shall contain information on traffic matters in the City as follows:

 

(a)                The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

 

(b)               The number of traffic accidents investigated and other pertinent data on the safety activities of the police; and

 

(c)                The plans and recommendations of the Traffic Division for future traffic safety activities.

 

(§34, Ord. 452)

 

 

Sec. 4-4.206          Traffic Committee—Appointment.

 

            A Traffic Committee is hereby established to serve as the Traffic Engineer. The Traffic Committee shall be appointed by the City Manager and shall consist of the City Manager and a representative from each of the following departments: Police, Public Works, Code Enforcement, and Planning. All references in this article to Traffic Engineer shall mean and refer to the Traffic Committee.

 

 (§35, Ord. 452; §2, Ord. 833, eff. October 8, 1988)

 

 

Sec. 4-4.207          Traffic Engineer: Duties.

 

            The Traffic Engineer shall exercise the powers and duties as provided in this chapter and in the traffic laws of the City. Whenever the Traffic Engineer is required or authorized to place or maintain official traffic control devices or signals, he may cause such devices or signals to be placed or maintained.

 

            It shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and devise remedial measures, to conduct engineering and traffic investigations of traffic conditions and cooperate with other City officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by laws of the City.

 

            Power and authority are hereby delegated to the Traffic Engineer to determine, in his best judgment, what streets, or portions thereof, shall be closed to automobile traffic or on which streets, or portions thereof, traffic should be controlled. He may exercise his authority so as to control such traffic or close such streets, or portions thereof, to automobile traffic at times throughout the year as in his best judgment seems best for the protection of the health, safety, and general welfare of the citizens of the City.

 

 (§§35 and 36, Ord. 452)

 

 

Article 3. Enforcement and Obedience to Traffic Regulations

 

 

Sec. 4-4.301          Authority of Police and Fire Department Officials.

 

(a)                It shall be the duty of the officers of the Police Department, or such officers as are assigned by the Chief of Police, to enforce all street traffic laws of the City and all vehicle laws of the State applicable to street traffic in the City.

 

(b)               Officers of the Police Department, or such officers as are assigned by the Chief of Police, are hereby authorized to direct all traffic by voice, hand, or other signal in conformance with traffic laws; provided, however, 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.

 

(c)                Officers of the Fire Department, when at the scene of a fire or when protecting the personnel or equipment of the Fire Department, may direct or assist police officers in directing traffic.

 

(§50, Ord. 452)

 

 

Sec. 4-4.302          Required Obedience to Traffic Laws.

 

            It shall be a misdemeanor for any person to do any act forbidden, or to fail to perform any act required by the provisions of this chapter unless otherwise provided for in this Code or by law. Violations of the provisions of this Code pertaining to stopping, standing and parking violations shall be subject to civil penalties as set forth in this Code or as provided for by resolution of the City Council from time to time.

 

 (§51, Ord. 452; §3, Ord. 899-93, eff. September 2, 1993)

 

 

Sec. 4-4.303          Obedience to Police and Fire Department Officials.

 

            No person shall willfully fail or refuse to comply with any lawful order of a police officer or Fire Department official when directing traffic.

 

 (§52, Ord. 452)

 

 

Sec. 4-4.304          Obedience by Persons Riding Bicycles, Riding or Driving Animals, Skating or Skateboarding.

 

            Every person riding a bicycle, riding or driving an animal or skating or skateboarding upon public rights-of-way shall be granted all of the rights, and shall be subject to all of the duties applicable to the driver of a vehicle by the provisions of this chapter, except those provisions which by their very nature can have no application.

 

(§53, Ord. 452; as amended by §3, Ord. 927-96, eff. June 20, 1996)

 

 

Sec. 4-4.305          Persons Other Than Officials Shall Not Direct Traffic.

 

            No person, other than an officer of the Police Department or a person deputized by the Chief of Police 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 push-button signal erected by order of the Traffic Engineer.

 

(§54, Ord. 452)

 

 

Sec. 4-4.306          Public Employees to Obey Traffic Laws.

 

            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, the State, and any County or City. 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.

 

(§55, Ord. 452)

 

 

Sec. 4-4.307          Exemptions to Certain Vehicles.

 

(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, any public ambulance, any public utility vehicle, or any private ambulance, which public utility vehicle or private ambulance 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)               The provisions of subsection (a) of this section shall not 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 or public utility while necessarily in use for construction or repair work, or to any vehicle owned by the United States while in use for the collection, transportation, or delivery of United States mail.

 

(§56, Ord. 452)

 

 

Article 4. Traffic Control Devices

 

 

Sec. 4-4.401          Authority to Install.

 

(a)                The Traffic Engineer shall have the power and duty to place and maintain, or cause to be placed and maintained, official traffic control devices when and as required by the traffic laws of the City to make effective the provisions of such laws.

 

(b)               Whenever the Vehicle Code requires, for the effectiveness of any provision thereof, that traffic control devices be installed to give notice to the public of the application of such law, the Traffic Engineer is hereby authorized to install, or cause to be installed, the necessary devices subject to any limitations or restrictions set forth in the laws applicable thereto.

 

(c)                The Traffic Engineer may also place and maintain, or cause to be placed and maintained, such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations, and rules as may be set forth in the traffic laws of the City or as may be determined by ordinance or resolution of the Council.

 

(§60, Ord. 452)

 

 

Sec. 4-4.402          Signs Required.

 

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

 

(§61, Ord. 452)

 

 

Sec. 4-4.403          Obedience.

 

            The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic laws of the City, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls.

 

(§62, Ord. 452)

 

 

Sec. 4-4.404          Authority to Remove, Relocate, and Discontinue.

 

            The Traffic Engineer is hereby authorized to remove, relocate, or discontinue the operation of any traffic control device not specifically required by State law or the provisions of this chapter whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.

 

(§66, Ord. 452)

 

 

Sec. 4-4.405          Hours of Operation.

 

            The traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect except in those cases where such hours or days are specified in this chapter.

 

(§67, Ord. 452)

 

 

Sec. 4-4.406          Installation of Traffic Signals.

 

(a)                The Traffic Engineer is hereby directed to install and maintain 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 traffic congestion or to protect life or property from exceptional hazard.

 

(b)               The Traffic Engineer shall ascertain and determine the locations where such signals are required by resort to field observations, 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 Planning Manual of Instruction, Part 8, "Traffic", issued by the Division of Highways of the Department of Public Works of the State.

 

(c)                Whenever the Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any such intersection.

 

(§63, Ord. 452)

 

 

Sec. 4-4.407          Lane Markings.

 

            The Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadways to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway.

 

(§64, Ord. 452)

 

 

Sec. 4-4.408          Distinctive Roadway Markings.

 

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

 

(§65, Ord. 452)

 

 

Article 5. Turning Movements

 

 

Sec. 4-4.501          Authority to Place and Obedience to Turning Markers and Multiple Lanes.

 

(a)                The Traffic Engineer is hereby authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the Traffic Engineer is hereby authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns, and the course to be traveled as so indicated may conform to, or be other than, as prescribed by law or ordinance.

 

(b)               When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

 

(§70, Ord. 452)

 

 

Sec. 4-4.502          Authority to Place Restricted Turn Signs.

 

            The Traffic Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn and shall place proper signs at such intersections. The making of such turns 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.

 

(§71, Ord. 452)

 

 

Sec. 4-4.503          Obedience to No-Turn Signs.

 

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

 

(§72, Ord. 452)

 

 

Sec. 4-4.504          Signal-Controlled Intersections: Right Turns.

 

            The Traffic Engineer is hereby authorized to determine those intersections within any business or residence district at which drivers of vehicles shall not make a right turn against a red or Stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign.

 

(§73, Ord. 452)

 

 

Article 6. One-Way Streets and Alleys

 

 

Sec. 4-4.601          Signs.

 

            Whenever any ordinance or resolution of the City designates any one-way street or alley, the Traffic 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.

 

(§80, Ord. 452)

 

 

Article 7. Special Stops Required

 

 

Sec. 4-4.701          Stop Signs.

 

            Whenever any ordinance or resolution of the City designates and describes any street, or portion thereof, as a through street or any intersection at which vehicles are required to stop at one or more entrances thereto, the Traffic Engineer shall erect and maintain stop signs on each and every street intersecting such through street, or portion thereof, so designated and at those entrances of other intersections where a stop is required. Every such sign shall conform with, and shall be placed as provided in, Section 471 of the Vehicle Code.

 

 (§90, Ord. 452)

 

 

Sec. 4-4.702          Through Streets: Stop Intersections.

 

(a)                Through Streets. Those streets and parts of streets described in Section 44.1502 of this chapter are hereby declared to be through streets for the purposes of this section.

 

(b)               Stop Intersections. The provisions of this section shall apply at one or more entrances to the intersections as such entrances and intersections are described in Section 44.1503 of this chapter.

 

(§91, Ord. 452)

 

 

Sec. 4-4.703          Emerging from Alleys, Driveways, and Buildings.

 

            The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway.

(§92, Ord. 452)

 

 

Article 8. Miscellaneous Driving Rules

 

 

Sec. 4-4.801          Driving Through Funeral Processions.

 

            No driver of a vehicle shall drive between vehicles comprising a funeral procession while such vehicles are in motion and when the vehicles in such processions are conspicuously so designated.

 

(§100, Ord. 452)

 

 

Sec. 4-4.802          Clinging to Moving Vehicles.

 

            Any person riding upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway.

 

(§101, Ord. 452)

 

 

Sec. 4-4.803          Driving on Sidewalks.

 

            The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway.

 

(§102, Ord. 452)

 

 

Sec. 4-4.804          Driving on New or Freshly-Painted Pavement.

 

            No person shall ride or drive any animal or any vehicle over or across any newly-made pavement or freshly-painted marking in any street when a barrier or sign 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.

 

(§103, Ord. 452)

 

 

Sec. 4-4.805          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.

 

(§104, Ord. 452)

 

 

Sec. 4-4.806          Minimum Speed Limit.

 

            There is hereby established a maximum speed limit of twenty (20) miles per hour on all streets under the City's jurisdiction.

 

(§2, Ord. 655, eff. February 1, 1979)

 

 

Article 9. Pedestrians

 

 

Sec. 4-4.901          Authority to Establish Crosswalks.

 

(a)                The Traffic Engineer is hereby authorized to establish and maintain crosswalks and to designate them by appropriate devices or painted signs upon the surface of the roadway.

 

(b)               The Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross except in the crosswalk so indicated.

 

 (§110, Ord. 452)

 

 

Sec. 4-4.902          Crossing at Right Angles.

 

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

 

 (§111, Ord. 452)

 

 

Sec. 4-4.903          Standing in Roadways.

 

            No person shall stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. The provisions of this section shall not apply to any public officer or employee or employee of a public utility when necessarily upon a street in the line of duty.

 

(§112, Ord. 452)

 

 

Article 10. Stopping, Standing, and Parking

 

 

Sec. 4-4.1001        Application of Provisions.

 

            The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times specified in this chapter except:

 

(a)                When it is necessary to stop a vehicle to avoid a conflict with other traffic; or

 

(b)               In compliance with the directions of a police officer or official traffic control device; or

 

(c)                To authorized emergency vehicles.

 

(§120, Ord. 452, as amended by §1, Ord. 552, eff. May 31, 1972)

 

 

Sec. 4-4.1002        Parking on Private Property.

 

            No person shall park a vehicle in a private driveway or on private property without the direct or implied consent of the owner or person in lawful possession of such driveway or property.

 

(§121, Ord. 452)

 

 

Sec. 4-4.1003        Standing in Parkways.

 

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

 

(§122, Ord. 452)

 

 

Sec. 4-4.1004        Use of Streets for Storage of Vehicles and Trailers.

 

(a)                No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.

 

(b)               No person who owns or has possession, custody, or control of a trailer shall park such trailer upon any street or alley except while loading or unloading property thereto or therefrom or pursuant to a permit issued under Section 4-9.101 et seq. Such permits shall be issuable by the City Manager as minor encroachment permits.

 

(c)                In the event a vehicle is parked or left standing upon a street or alley in excess of a consecutive period of seventy-two (72) hours, or a trailer is parked upon a street or alley in violation of subsection (b) above, any peace officer or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the City may remove such vehicle from the street in the manner and subject to the requirements of the Vehicle Code.

 

(§123, Ord. 452; §2, Ord. 1010-02, eff. October 17, 2002)

 

 

Sec. 4-4.1005        Parking Adjacent to Schools.

 

(a)                The Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

 

(b)               When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.

 

(§124, Ord. 452)

 

 

Sec. 4-4.1006        Stopping, Standing, and Parking in Roadways.

 

            No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon any roadway when it is practicable to stop, park, or leave the vehicle off such portion of the roadway, but in every event an unobstructed width of the roadway 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 (200') feet in each direction upon the highway.

 

            The provisions of this section shall not apply to the driver of any vehicle which is disabled in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle on the roadway.

 

(§126, Ord. 452)

 

 

Sec. 4-4.1007        Emergency Traffic Congestion.

 

(a)                Whenever the Traffic Engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, the Traffic Engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking, or standing of vehicles is prohibited on such streets and alleys as the Traffic Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the Traffic Engineer shall cause such signs to be removed promptly thereafter.

 

(b)               When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park, or stand any vehicle contrary to the directions and provisions of such signs.

 

(§127, Ord. 452)

 

 

Article 11. Establishment of Loading, Parking, and

Standing Zones: Curb Markings*

 

 

Sec. 4-4.1101        Authority to Establish.

 

(a)                The Traffic Engineer is authorized to determine and mark loading zones and passenger loading zones as follows:

 

(1)               At any place in the business district; and

 

(2)               Elsewhere in front of any hall or place used for the purpose of public assembly.

 

a.       In no event shall more than one-half (1/2) of the total curb length in any block be reserved for loading zone purposes.

 

(b)               The Traffic Engineer is authorized, subject to the provisions and limitations of this chapter, to place, and, when necessary to the safe and orderly movement of traffic, shall place curb markings to indicate parking or standing regulations.

 

(c)                Where no curb exists, markings may be painted upon the most appropriate surface, or a sign may be placed thereon in place of or in addition to the marker.

 

(§ 140, Ord. 452, as amended by §2, Ord. 552, eff. May 31, 1972)

 

 

Sec. 4-4.1102        Curb Markings.

 

(a)                (1) No stopping, standing or parking at any time except as permitted by the California Vehicle Code shall be designated by red paint upon the entire curb surface. Notwithstanding the foregoing prohibition of stopping, standing or parking in a red curb zone, the City Council hereby finds and determines that freight carriers provide vital services to business enterprises within the City on a daily basis and that the loading zones in the City are inadequate to facilitate the unloading of freight. Accordingly, freight carriers holding a permit issued by the City Council may stop and drop off freight in red zones within a commercial district, except freight carriers shall not:

 

(i)                 Stop within fifteen (15') feet of a fire hydrant;

 

(ii)               Stop within a fire lane;

 

(iii)             Stop within fifteen (15') feet of an intersection; and,

 

(iv)             Block any handicapped pedestrian walkway, alley, parking entrance, driveway or crosswalk;

 

(3)               Loading zones shall be designated by yellow paint upon the entire curb surface. No person shall stop, stand or park a vehicle in a loading zone at any time between 7:00 a.m. and 6:00 p.m. on Monday through Saturday for any purpose other than the loading or unloading of passengers or materials. The foregoing limitation shall not apply on Sundays. The Traffic Engineer shall designate the maximum time limits applicable to each loading zone within the City. Such time limits shall be stated on the curb surface of each loading zone in prominent black lettering of not less than four (4") inches in height and one (1") inch in width.

 

(4)               Passenger loading zones shall be designated by white paint upon the entire curb surface. No person shall stop, stand, or park a vehicle in a passenger loading zone for any purpose other than the loading or unloading of passengers or for the purpose of depositing mail in an adjacent mail box. The Traffic Engineer shall designate the maximum time limits applicable to each passenger loading zone within the City. Such time limits shall be stated on the curb surface of each passenger loading zone in black lettering of not less than four (4") inches in height and one (1") inch in width. Such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day; provided, however, when such zone is in front of a hotel or in front of a mail box, the restrictions shall apply at all times.

 

(5)               Short term parking zones shall be designated by green paint upon the entire curb surface. The Traffic Engineer shall designate the maximum time limits applicable to each short term parking zone within the City not to exceed one (1) hour. The time limit for each such short-term parking zone shall be displayed in white lettering of not less than four (4") inches in height and one (1") inch in width. Such short-term time limits shall not be effective until signs have been erected by the Traffic Engineer giving notice thereof. No person shall stand or park a vehicle in excess of the designated time limit between the hours of 7:00 a.m. and 6:00 p.m. of any day in front of any curb which has been so designated.

 

(6)               A taxicab stand shall be designated by white paint upon the entire curb surface and marked "Taxi" in black lettering of not less than four (4") inches in height and one (1") inch in width. It shall be unlawful for the operator of any vehicle other than a taxicab or automobile for hire to stop, stand or park such vehicle in such taxicab stand.

 

(7)               Autoette and motorcycle parking zones shall be established by the Traffic Engineer and shall be designated by white lines on the surface of the roadway and by black lettering on the curb surface of not less than four (4") inches in height and one (1") inch in width or by posting of signs giving notice of such autoette and parking zones.

 

(b)               Except as otherwise authorized by this article, when the Traffic Engineer has caused such curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.

 

(1)         Building service contractors that provide electrical, plumbing, appliance/refrigeration or fire safety related services that have a current business license permit for such business, may apply for and be issued a permit, which permit when displayed shall enable the vehicle to remain in any parking area other than a red zone, fire lane or handicapped zone but only for so long as the service work is being performed in the downtown area. As used herein, the downtown area shall mean the area bounded by Clarissa to the east, Beacon to the south and Metropole to west.

 

a.                   Permits granting similar privileges that were issued prior to the enactment of this section shall remain valid for a period of one year. After such date, the Vehicle Clerk may issue such permits on a form approved by the City Manager, which permit shall be valid for a period of one year provided such service contractor continues to be in the service business. Appeals regarding the issuance of permits shall be made to the City Manager and subject to an appeal fee set  by resolution of the City Council. The City Council shall set a fee for processing of the permit application by resolution. Parking in violation of the terms and conditions of the permit shall be subject to the following penalties:

 

First offense:

Written warning

Second offense:

$100. fine

Third offense:

Maximum of $250. fine and/or suspension or revocation

 

            Penalties shall be administered by the Vehicle Hearing Officer and may be made based upon written submission by the Code Enforcement Officer and the permittee.

 

(§141, Ord. 452, as amended by Ord. 494, eff. May 6, 1967; and §3, Ord. 552, eff. May 31, 1972; §3, Ord. 833, eff. October 6, 1988; §2, Ord. 1052-07, eff. May 17, 2007; §2, Ord. 1069-08, eff. June 19, 2008; §1, Ord. 1074-08, eff. September 18, 2008)

 

 

Sec. 4-4.1103        Effect of Permission to Load or Unload.

 

(a)                The permission granted by the provisions of this article to stop or stand a vehicle for purposes of loading or unloading materials shall apply only to vehicles used for commercial purposes and to freight carriers and shall not extend beyond the time necessary therefor and in no event more than the time designated at the loading zone.

 

(b)               The loading or unloading of materials shall apply only to commercial deliveries and to the delivery or pickup of packages containing commercial goods.

 

(§l42, Ord. 452; §3, Ord. 833, eff. October 6, 1988; §2, Ord. 1074-08, eff. September 18, 2008)

 

 

Sec. 4-4.1104        Reserved.

 

                Editor's Note: Former Section 4-4.1104, Standing for Loading and Unloading Only, previously codified herein and containing portions of Ordinance Nos. 452 and 552, was repealed in its entirety by Ordinance No. 1074-08.

 

 

Sec. 4-4.1105        Standing in Passenger Loading Zones.

 

            No person shall stop, stand, or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in subsection (3) of subsection (a) of Section 4-4.1102 of this article.

 

(§144, Ord. 452, as amended by §5, Ord. 552, eff. May 31, 1972)

 

 

Sec. 4-4.1106        Standing in Alleys.

 

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

 

(§145, Ord. 452)

 

 

Article 12. Stopping, Standing, and Parking Restricted or

Prohibited on Certain Streets

 

 

Sec. 4-4.1201        Prohibited Parking Areas.

 

            The Council, by resolution, is hereby authorized to determine upon what streets the parking of vehicles is prohibited provided appropriate signs are placed and maintained to give notice thereof.

 

            The Traffic Engineer shall appropriately sign or mark, and when so signed or marked, it shall be unlawful for any person to stop, stand, or park a vehicle at:

 

(a)                Any place established by resolution of the Council as a no-parking area; and

 

(b)               Any place where the Traffic Engineer determines that it is necessary in order to eliminate unusual traffic hazards.

 

(§151, Ord. 452, as amended by §3, Ord. 512, eff. September 12, 1968)

 

 

Sec. 4-4.1202        Parking Space Markings.

 

            The Traffic Engineer is hereby authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking shall be permitted.

 

 

Sec. 4-4.1203        Micro-Cars Prohibited from Parking in Angled Parking Spaces. 

 

            No SmartForTwo, Scion or micro-car as defined in this Code that is wider than sixty-one (61”) inches may be parked in any Angled Parking Space within the City or in any designated full-sized space. “Angled Parking Space” means any designated and marked parking stall that is designed and installed at other than a right-angle to a curb, street, sidewalk or building, or parallel to a roadway.

 

(§ 4, Ord. U-1151-16, eff. December 20, 2016)

 

            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 parked other than within a single space unless the size or shape of such vehicle makes such compliance impossible.

 

(§153, Ord. 452)

 

 

Article 13. Private Streets and Roads

 

 

Sec. 4-4.1301        Designated.

 

            The Council hereby finds and determines that the following are privately owned and maintained streets and roads in the City, which streets and roads are generally held open for the use of the public for purposes of vehicular traffic and which so connect with highways within the City that the public cannot determine that such privately owned and maintained streets and roads are not highways:

 

(a)                Bird Park Road. From the southerly line of Falls Canyon Road to the southwesterly boundary line of the City;

 

(b)               Chimes Road. From Hogs Back to the easterly prolongation of the northerly line of Lot 1, Block 24, Town of Avalon;

 

(c)                Country Club Drive. From the southwesterly line of Tremont Street to the southerly line of East Whittley Avenue;

 

(d)               El Monte Road. From the northwesterly line of Las Lomas Avenue to the southwesterly line of Hogs Back Road;

 

(e)                Hogs Back Road. From the westerly line of Chimes Road to the Hogs Back;

 

(f)                Mt. Ada Road. From the southeasterly line of Clemente Avenue to the southeasterly boundary line of the City;

 

(g)               Pebbly Beach Road. From a point approximately five hundred seventy-five (575') feet northeasterly from the northwesterly corner of Lot 95, Block 15, of the Official Map of the City to the southeasterly boundary line of the City;

 

(h)               St. Catherine Way. From the westerly prolongation of the northerly line of Lot 7, Block 26, Town of Avalon to the beginning of Hamilton Beach Road at the St. Catherine Hotel;

 

(i)                 Tremont Street. From the northwesterly line of Sumner Avenue to the north westerly line of Metropole Avenue;

 

(j)                 Upper Falls Canyon Road. From the southerly line of Country Club Drive to a point approximately four hundred (400') feet northwesterly of the City's warehouse;

 

(k)                Hamilton Cove Development. Beginning at the gated entrance to the Hamilton Cove Development, to and including all interior streets therefrom;

 

(l)                 Pebbly Beach Road. Beginning at the gated entrance near the Cabrillo Mole and extending to its junction with Mount Ada Road;

 

(m)             Wrigley Terrace Road. From its junction with Pebbly Beach Road to its terminus at Clemente Street;

 

(n)               Bird Park Road.

 

(o)               Quail Canyon Road.

 

(p)               Pebbly Beach Village Road. From its junction with Pebbly Beach Road to its terminus, to and including all interior streets therefrom;

 

(q)               Eucalyptus Garden Apartment Development. From its junction with Eucalyptus Avenue, to and including all interior roadways and parking areas therefrom;

 

(r)                 Tremont Apartment Development. From its junction with Tremont Avenue, to and including all interior roadways and parking areas therefrom;

 

(s)                Beacon Street. From its junction with the Canyon Terrace and Sol Vista condominium complexes, to and including all interior roadways and parking areas therefrom;

 

(t)                 Country Club Road. From its junction with Tremont Avenue to its terminus, to and including all interior roadways and parking areas therefrom;

 

(u)               Fair View Terrace Development. From its junction with Country Club Road, to and including all interior roadways and parking areas therefrom.

 

 (§1, Ord. 448, as amended by Ord. 496, eff. September 16, 1967; §2, Ord. 913-95, eff. February 2, 1995; §1, Ord. 963-99, eff. June 3, 1999)

 

 

Sec. 4-4.1302        Applicability of Traffic Laws.

 

            Pursuant to the provisions of Section 21107.5 of the Vehicle Code, the Council hereby declares that the provisions of the Vehicle Code and of the laws of the City relating to public traffic regulation and control now or hereafter enacted pursuant to the Vehicle Code shall apply to each and all of the privately owned and maintained streets and roads set forth in Section 4-4.1301 of this article unless there is posted on any such road by the owner thereof the notice provided for in Section 4-4.1305 of this article.

 

(§2, Ord. 448)

 

 

Sec. 4-4.1303        Enforcement of Traffic Laws.

 

            The Council further declares that so long as any of such privately owned and maintained streets and roads are not so posted, the City shall provide traffic law enforcement on such streets and roads, and each and all of the same shall be subject to the provisions of the Vehicle Code and of the laws of the City relating to public traffic regulation and control now or hereafter enacted pursuant to the Vehicle Code.

 

(§3, Ord. 448)

 

 

Sec. 4-4.1304        Responsibility, Liability, and Maintenance.

 

            It is further declared by the Council that nothing contained in this article shall be deemed to constitute an acceptance of any of such privately owned and maintained streets and roads for public use, nor shall the City be deemed to assume any responsibility or liability for the maintenance or care of any of such privately owned and maintained streets and roads.

 

(§4, Ord. 448)

 

 

Sec. 4-4.1305        Exceptions to Provisions.

 

            The provisions of this article shall not apply to any such privately owned and maintained road if and so long as the owner thereof shall post and maintain thereon, at or near the connecting point thereof with a public street or highway, a notice of such size, shape, and color as to be readily legible during the daylight hours from a distance of one hundred (100') feet. Such notice shall state that the road is privately owned and maintained and that it is not subject to public traffic regulation and control.

 

(§5, Ord. 448)

 

 

Article 14. Streets Closed to Traffic

 

 

Sec. 4-4.1401 Designated.

 

            The Council hereby finds and determines that it is dangerous to the public welfare to use, or to permit to be used, Eucalyptus Avenue between the southwesterly line of Beacon Street and the northeasterly line of Tremont Street, for the general traffic, passage, or use of vehicles thereon or thereover, such street having a width of twenty-five and one-half (25 1/2') feet between curbs and ten (l0') feet of such width being occupied by an ornamental parking along the center of the roadway, and being closely built along each side thereof with summer cottages, and having a large amount of pedestrian traffic, especially during the summer season.

 

 (§ 1, Ord. 137)

 

 

Sec. 4-4.1402        Use of Streets by Vehicles: Permit Required.

 

            It shall be unlawful for any person to ride, drive, or propel, or cause to be ridden, driven, or propelled any vehicle in, along, or upon said portion of Eucalyptus Avenue unless the Superintendent of Streets shall have issued a special permit therefor upon application. Such permit shall permit the holder thereof to go upon said portion of Eucalyptus Avenue at a time to be specified in such permit for the express purpose, to be therein stated, of delivering or hauling household goods or other heavy freight or for some stated purpose other than ordinary use.

 

 (§2, Ord. 137)

 

 

Sec. 4-4.1403        Signs and Barriers.

 

            The Superintendent of Streets is hereby authorized and directed to place signs at each end of said portion of Eucalyptus Avenue, which signs shall refer to the provisions of this article, and he shall also cause suitable movable barriers or posts to be installed across each end of the roadway of said portion of Eucalyptus Avenue. It shall be unlawful for any person to remove any of such barriers or posts without first having obtained permission to go upon such portion of such street as provided in Section 44.1402 of this article.

 

 (§3, Ord. 137)

 

 

Sec. 4-4.1404        Limited Use Streets: Designated.

 

            The Council hereby finds that the public interest and welfare require that, except as otherwise provided in Sections 44.1405 and 4-4.1406 of this article, the following designated streets be closed for the general traffic, passage, or use of vehicles thereon or thereover:

 

(a)                Crescent Avenue from, at, or near its intersection with Metropole Avenue to its intersection with Clarissa Avenue; and

 

(b)               Sumner Avenue from its intersection with Crescent Avenue approximately one hundred forty (140') feet to its intersection with Calle Del Paseo.

 

(c)                Catalina Avenue from its intersection with Crescent Avenue approximately one hundred and forty (140') feet to its intersection with Calle Del Paseo.

 

(§1, Ord. 509, eff. June 6, 1968; §1, Ord. 956-98, eff. September 3, 1998)

 

 

Sec. 4-4.1405        Limited Use Barriers and Signs.

 

(a)                The Traffic Engineer is hereby authorized and directed to cause to be placed suitable signs and movable barriers or posts at the ends of such portions of the roadways designated in Section 4-4.14-4 of this article. It shall be unlawful for any person to remove any of such signs, barriers, or posts without permission first obtained from the Traffic Engineer or his designated agent.

 

(b)               When the Traffic Engineer shall determine that the public welfare requires vehicular traffic along and upon the streets or roadways designated in Section 44.14-4 of this article, he is hereby authorized to allow such traffic, either by special permit or by removal of the restrictive signs and barriers provided for in this section.

 

(§1, Ord. 509, eff. June 6, 1968)

 

 

Sec. 4-4.1406        Limited Use Street; Vehicles Prohibited;

 

            Exceptions. It shall be unlawful for any person to ride, drive, or propel, or cause to be ridden, driven, or propelled, along or upon any portions of the streets, pedestrian malls, or roadways designated in Section 4-4.14-4 of this article, any vehicle, including, but not limited to, bicycles, roller skates, coasters, pushmobiles, motorpeds, or similar contrivances, except as follows:

 

(a)                Autoettes bearing a state or city issued "Handicapped" permit may travel on limited use streets solely for the purpose of conducting business at establishments along limited use streets which cannot otherwise be accessed by the person to whom such permit was issued, provided that a route is used which results in the least distance traveled on such limited use streets and provided that the vehicle remains only as long as necessary for the person to conduct business at such establishment;

 

(b)               Freight delivery vehicles bearing commercial freight permits may travel through and park on Catalina (on the southeast side only) and on Sumner before 11:00 a.m. for the purpose of loading and unloading freight;

 

(c)                Service vehicles which bear a special permit and properly indicate the address where service is being performed may travel along and park on Catalina (on the southeast side only), Sumner and Crescent for the purpose of servicing establishments located on such limited use streets provided that the service vehicle remains thereat only so long as necessary to complete the service.

 

            Limited exceptions to the restrictions stated above may be granted by the Fire Department or the Sheriff's Department in their sole discretion.

 

(§1, Ord. 509, eff. June 6, 1968; as amended by §2, Ord. 559, eff. July 19, 1972; §2, Ord. 956-98, eff. September 3, 1998)

 

 

Sec. 4-4.1407        Leaks from Vehicles.

 

            It shall be unlawful for any person in charge of any vehicle which is otherwise permitted to travel upon a limited use street pursuant to subsections (b) and (c) of Section 4-4.1406 to stand or park on such limited use street unless cardboard, carpeting or similar material has been placed beneath the vehicle so as to prevent oil and other fluids from reaching the surface of the limited use street. Violations of this section shall be punishable as an infraction; provided, however, that a third or greater violation shall be punishable as a misdemeanor.

 

(§3, Ord. 956-98, eff. September 3, 1998)

 

 

Sec. 4-4.1408        Street Closures.

 

            Whenever a menace to the public health or safety is created or likely to be created by impending flood, storm, fire, earth movement, explosion accident or other means, a sworn member of the Sheriff's Department and any full-time employee of the Los Angeles County Fire Department, the Los Angeles County Health Department, the Avalon Fire Department, the Avalon Harbor Department or the Avalon Public Works Department while acting in the performance of his or her official duties, may close the area where the risk to public health or safety exists or is impending for the duration thereof to any and all persons not authorized to enter or remain within the closed area by means of ropes, markers, or guards.

 

(§1, Ord. 1030-05, eff. May 5, 2005)

 

 

Sec. 4-4.1408.1     Reserved.

 

            Former Section 4-4.1408.1, Limited Access to Pebbly Beach Road, previously codified herein and containing portions of Ordinance Nos. 1042-06U, 1043-06U, and 1044-06, was repealed in its entirety by Ordinance No. 1115-12.

 

 

Sec. 4-4.1409        Sheriff's Authority.

 

            The Sheriff's Department may close to any and all unauthorized persons the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity or other emergency, including but not limited to those listed in Section 4-4.1408, and a riot or civil disturbance, whether or not the field command post or other command post is located near the actual calamity.

 

(§1, Ord. 1030-05, eff. May 5, 2005)

 

 

Sec. 4-4.1410        Penalties.

 

            Any unauthorized person who willfully and knowingly enters an area closed pursuant to Sections 4-4.1408 or 4-4.1409 and who willfully remains within the area after receiving notice to evacuate, whether that notice is given verbally or passively by the posting of a sign or marker, shall be guilty of a misdemeanor. Verbal notice may be given by any full-time public safety employee listed in Section 4-4.1408, any reserve member of those agencies, the Avalon Code Enforcement Officer, or any duly appointed volunteer of these agencies, so long as the person giving notice has been properly dispatched to the emergency and is working under the direction of a full-time public safety officer.

 

(§1, Ord. 1030-05, eff. May 5, 2005)

 

 

Sec. 4-4.1411        Exemption.

 

            Nothing in Sections 4-4.1408 and 4-4.1409 shall prevent a duly authorized representative of any news service, newspaper, radio or television station or network from entering areas closed pursuant to such sections.

 

 

(§1, Ord. 1030-05, eff. May 5, 2005)

 

 

Article 15. Schedules of Designated Streets

 

 

Sec. 4-4.1501        One-Way Streets.

 

             In accordance with the provisions of Section 4-4.601 of this chapter, and when properly signposted, traffic shall move only in the direction indicated upon the following streets:

 

(a)                On East Whittley Avenue in a northeasterly direction from Lot No. 10 to West Whittley Avenue; and

 

(b)               On Metropole Avenue in a northeasterly direction from the southwest end of Metropole Avenue to Beacon Street.

 

(§160, Ord. 452; amended by §1, Ord. 729, eff. October 5, 1982; §1, Ord. 767, eff. July 16, 1984)

 

 

Sec. 4-4.1502        Through Streets.

 

            In accordance with the provisions of subsection (a) of Section 4-4.702 of this chapter, and when signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance or entrances to those intersections described as follows:

 

(a)                Marilla at Crescent;

 

(b)               West Whitney at Crescent;

 

(c)                Sumner at Crescent;

 

(d)               Catalina at Crescent;

 

(e)                Clarissa at Crescent;

 

(f)                Beacon at Metropole;

 

(g)               Sumner at Beacon;

 

(h)               Catalina at Beacon;

 

(i)                 Descanso at Beacon;

 

(j)                 Clanssa at Beacon;

 

(k)               Clernente at Beacon;

 

(l)                 Catalina at Tremont;

 

(m)             Descanso at Tremont;

 

(n)               Clanssa at Tremont;

 

(o)               Wrigley Road Terrace at Clemente;

 

(p)               Descanso at Third Street;

 

(q)               Falls Canyon at Bird Park Road;

 

(r)                 Country Club at East Whittley;

 

(s)                East Whittley at Whittley (both ends);

 

(t)                 Hiawatha at Marilla;

 

(u)               Vieudelou at Marilla;

 

(v)               Third Street at Clarissa;

 

(w)             Pebbly Beach Road at Crescent:

 

(x)               Upper Terrace at Wrigley Road;

 

(y)               Middle Terrace at Wrigley Road:

 

(z)                Lower Terrace at Canyon Terrace;

 

(aa)            Wrigley Road Terrace at Wrigley Road; and

 

(ab)      Crescent Avenue at St. Catherine Way.

 

(§161, Ord. 452)

 

 

Sec. 4-4.1S03        Stop Intersections.

 

            In accordance with the provisions of subsection (b) of Section 4-4.702 of Article 7 of this chapter, and when signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance or entrances to those intersections described as follows:

 

(a)                Metropole and Crescent;

 

(b)               Sumner and Trernont;

 

(c)                Tremont and Eucalyptus;

 

(d)               Tremont and Country Club Road;

 

(e)                Tremont and Bird Park Road; and

 

(f)                Falls Canyon Road at the school crosswalk.

 

(§162, Ord. 452)

 

 

Sec. 4-4.1504        Prohibited Parking.

 

            (§164, Ord. 452; repealed by §2, Ord. 512, eff. September 12, 1968)

 

 

Article 16. Through Truck Routes

 

 

Sec. 4-4.1601        Motor Truck Defined.

 

            For the purposes of this article, "motor truck" shall mean any motor vehicle having an unladen weight of six thousand (6,000) pounds or more.

 

 (§1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1602        Application.

 

            Nothing contained in this article shall apply to motor vehicles having an unladen weight of less than six thousand (6,000) pounds or to motor vehicles designed, used, or maintained primarily for the transportation of passengers.

 

(§1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1603        Deviation from Routes.

 

            Nothing contained in this article shall be deemed to prohibit the operator of any motor truck traversing any of the through truck routes set forth in this article from leaving such routes for the purpose of loading or unloading his vehicle at a point off such routes; provided, however, such deviation for the purpose of such loading or unloading shall be made over a route which keeps at a minimum the distance traveled off the truck route involved.

 

(§1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1604        Erection of Signs.

 

            The Traffic Engineer shall cause to be erected appropriate signs along each of the truck routes described in this article on the effective date of the provisions of this article (May 4,1968).

 

(§ 1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1605        Through Truck Route No. 1.

 

            For motor truck traffic entering the City over either Pebbly Beach Road or at or near the intersection of Tremont and Sumner Avenue, the following through truck route is hereby established: Pebbly Beach Road to its intersection with Crescent Avenue; Crescent Avenue to its intersection with Clarissa Avenue; Clarissa Avenue to its intersection with Beacon Street; Beacon Street to its intersection with Sumner Avenue; and Sumner Avenue to its intersection with Tremont Street.

 

            It shall be unlawful for any operator of a motor truck entering the City as set forth in this section and making a trip through the City to operate such motor truck over any other route than that set forth in this section for such operation.

 

(§1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1606        Through Truck Route No. 2.

 

            For motor truck traffic entering the City over Vieudelou Avenue, the following through truck route is hereby established: Vieudelou Avenue to its intersection with Marilla Avenue; Marilla Avenue to its intersection with Crescent Avenue; Crescent Avenue to its intersection with Metropole Avenue; Metropole Avenue to its intersection with Beacon Street; Beacon Street to its intersection with Clarissa Avenue; Clarissa Avenue to its intersection with Crescent Avenue; and Crescent Avenue to its intersection with Pebbly Beach Road.

 

            It shall be unlawful for any operator of a motor truck entering the City over Vieudelou Avenue and making a trip through the City to operate such motor truck over any other route than that set forth in this section for such operation.

 

(§1, Ord. 506, eff. May 4, 1968)

 

 

Sec. 4-4.1607        Compliance Required.

 

            Except as otherwise provided in Section 4-4.1602 of this article, when any such truck traffic routes are designated by appropriate signs, the operator of any vehicle having an unladen weight of six thousand (6,000) pounds or more shall travel on such routes or route and none other (whether or not making a trip through the City) except when necessary to traverse another street or streets to a destination for the purpose of loading or unloading, but then only by such deviation from the nearest truck route as is reasonably necessary.

 

(§1, Ord. 506, eff. May 4, 1968)

 

 

Article 17. Registration of Vehicles

 

 

            Editor's Note: Article 17 was amended in its entirety by Ordinance No. 813, effective October 15, 1987; Article 17 was again amended in its entirety by Ordinance No. 843, effective May 18, 1989. Article 17 was further amended in its entirety by Ordinance No. 862-91, effective March 7, 1991. Article 17 was further, amended in its entirety by Ordinance No. 91795, effective April 20, 1995.

 

 

Sec. 4-4.1701        Findings.

 

            The Council hereby determines that there are special problems existing in the City relating to the size and nature of the streets and the characteristics and nature of the City itself and, in view of these special problems, the Council hereby determines that special rules regulating the size, number, noise, speed, and classes of vehicles used, permitted, or operated on the streets under its jurisdiction are necessary. In furtherance thereof, and in order to provide and maintain accurate and complete records and information upon which appropriate rules and regulations may be determined, the provisions of this article are enacted.

 

 

Sec. 4-4.1702        Permit Required.

 

            No automobile, truck, motorcycle or autoette or horse drawn carriage shall be operated or parked on any public right-of-way within the City or on any privately owned property where the City has made these regulations applicable to such privately owned property at the request of the owner thereof by designation thereof in Avalon Municipal Code Section 4-4.1301, unless a vehicle permit has been obtained therefor in accordance with administrative procedures adopted by the provisions of this article. All permits must be renewed annually and shall expire twelve (12) months after date of issuance or renewal.

 

(§1, Ord. 962-99, eff. June 3, 2000)

 

 

Sec. 4-4.1703        Types of Vehicle Permits.

 

(a)                Resident Vehicle Permits.

 

(1)               Resident vehicle permits may be granted to any resident of Santa Catalina Island, for an automobile or truck to be used for personal and commercial activities of the permittee. No more than one (1) resident vehicle permit shall be issued per household except that resident vehicle permits issued prior to April 18, 1989 may continue to be renewed by the holders thereof provided that residency is consistently maintained or, in the case of a nonresident, ownership of real property in the City of Avalon is maintained without interruption.

 

(2)               Resident vehicle permits issued to vehicles used exclusively for commercial purposes shall permanently expire on January 31, 1990 and shall no longer be eligible for renewal. Upon application therefor, and before April 1, 1990, such vehicles shall be issued commercial vehicle permits without the necessity of a hearing as would ordinarily be required under Section 4-4.1703(b), except that after the initial one (1) year effective term of such permits, all of the requirements of Section 4-4.1703(b) shall be satisfied as a prerequisite of reissuance of the permits.

 

(b)               Commercial Vehicle Permits. Commercial vehicle permits may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three (3) miles of the City limits, as follows:

 

(1)               The following findings must be made in an affirmative manner:

 

a.                   The commercial vehicle for which a commercial vehicle permit is requested is necessary to the proper functioning of the commercial enterprise.

 

b.                  The commercial enterprise has no other vehicle or source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and commercial autoettes.

 

c.                   That the weight, size and nature of the vehicle meets the specific needs of the applicant as presented to the City and is compatible with the size and nature of the streets of the City and with respect to the characteristics and nature of an urbanized area consisting of narrow, steeply graded streets, significant pedestrian activity and a lack of parking spaces.

 

d.                  The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the vehicle by two (2) or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the vehicle is to be used on a full-time basis or exclusive basis for a business venture or ventures by the permittee.

 

(2)               An applicant for a commercial vehicle permit shall hold a City of Avalon Business License at all times the vehicle permit is in effect.

 

(3)               A commercial vehicle permit shall be valid for a period of one (1) year only and at the expiration of said period, a new commercial vehicle permit may be issued only if all of the findings set forth in paragraph (1) hereof are made.

 

(4)               The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

 

(5)               The permittee of a commercial vehicle with commercial permits shall have overnight off-street parking for the commercial vehicle and shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this title.

 

(6)               Business entities or individuals whose activities are governed by Chapter 11 and Chapter 14 of Title 5 of this Code shall register all vehicles used in connection with such activities in accordance with this subsection.

 

(7)               Non-commercial institutional uses or entities may be issued a commercial vehicle permit pursuant to the provisions of this subsection but need not hold a city business license.

 

(8)               A commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation (i) for each valid commercial permit it surrenders to the City; or (ii) for each instance its name comes to the top of the commercial waiting list and it declines to apply for a commercial vehicle permit. The credit may be redeemed for a commercial vehicle permit at any time and without reference to the commercial vehicle waiting list by the holder on application therefor if the holder meets all of the criteria set forth in subsection (b)(1), subdivisions a. through d. and has remained active and annually renewed its Avalon business license since the credit issued. In the event that the credit holder fails to annually renew the business license, the credit shall automatically expire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired credit. The Vehicle Clerk, on written request, shall retroactively apply this provision to the period from May 15, 1989 to the effective date of this ordinance and issue a credit where he determines that a credit would have been due during that time period to a presently existing person or entity under these provisions.

 

(9)               A restricted commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation which removes from service a passenger vehicle capable of transporting fifty (50) or more persons which vehicle is used to provide sightseeing tours on Catalina Island. The credit shall be for the number of passenger seats of the vehicle removed from service. The credit may be redeemed for a commercial vehicle permit for a vehicle used for sightseeing tours which holds an equal or lesser number of seats as those credited, at any time and without reference to the commercial vehicle waiting list by the holder on application therefor, if the holder meets all the criteria set forth in subsection (b)(1), subdivisions a. through d. and the holder has remained active and annually renewed its Avalon business license since the credit issued. The holder will continue to be credited for any remaining seats. In the event that the credit holder fails to annually renew the business license, the credit shall automatically expire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired credit.

 

(c)                Commercial Autoette Permits. One (1) commercial autoette permit may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three (3) miles of the City limits, without being subject to a waiting period, as follows:

 

(1)               The following findings must be made in an affirmative manner:

 

a.             The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprise.

 

b.            The commercial enterprise has no other vehicle, autoette or other source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes.

 

c.             That the autoette measures no more than one hundred twenty (120") inches in length including the front and rear bumpers.

 

d.            The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the autoette by two (2) or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the autoette is to be used on a full-time basis or an exclusive basis for a business venture or ventures by the permittee.

 

(2)               An applicant for a commercial autoette permit shall hold a City of Avalon Business License at all times the permit is in effect.

 

(3)               A commercial autoette permit shall be valid for a period of one (1) year only and at the expiration of said period a new commercial autoette permit may be issued only on timely application therefor and after all of the findings set forth in subsection (c)(1) and (2) are made.

 

(4)               The Hearing Officer or City Council may add conditions to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

 

(5)               Commercial autoettes permitted under this subsection (c) shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 12:00 a.m. and 6:00 p.m.

 

(6)               Noncommercial institutional uses or entities may be issued a commercial autoette permit pursuant to the provisions of this paragraph but need not hold a City business license.

 

(d)               Temporary Vehicle Permits.

 

(1)               A temporary vehicle permit may be granted to an applicant who demonstrates:

 

a.             All of the following:

 

(i)                 A vehicle is needed within the City on a temporary basis for a specific project;

 

(ii)               The applicant does not intend for the vehicle to remain parked on public streets, ways or alleys in the City on a permanent basis;

 

(iii)             No other permitted vehicle or source of transportation can reasonably satisfy applicant's transportation requirements;

 

(v)               If the vehicle exceeds the length and/or width limitations set forth in Section 4-4.1705, that the weight, length, width and nature of the vehicle is necessary for the proposed use, that a smaller vehicle cannot satisfy the applicant's transportation requirements and that the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and the City Manager or Vehicle Hearing Office makes such findings;

 

(vi)             The applicant possesses a valid Avalon business license and has paid applicable fees.

 

b.            The Hearing Officer has denied the renewal of any permit under which the vehicle had been permitted in the City and an appeal to the City Council is pending; or

 

c.             An existing permit has expired and the permittee is awaiting a hearing date for renewal; or

 

d.            The permitted vehicle is removed from City streets for repair and a temporary replacement is needed while repairs are being made to the permitted vehicle; or

 

e.             The permitted vehicle is experimental and terms and conditions are imposed requiring its operation and removal;

 

f.             The applicant has submitted an application to California State Department of Motor Vehicles for a handicapped parking permit, which temporary permit shall entitle the permittee to utilize handicapped parking privileges while waiting action thereon. The City shall utilize a special sticker to signify that the holder thereof is entitled to utilize handicapped parking privileges and shall specify an expiration date not more than thirty (30) days after the issuance date.

 

g.            The applicant is a nonresident owner of real property improved with a residential unit(s) which is not used for transient rentals. The temporary permit may be issued only to a nonresident owner who is occupying such property and who would otherwise be required to comply with the provisions of subsection (g)(2) of this section 4-4.1703 regarding overnight parking on public streets and rights-of-way. Temporary permits issued pursuant to this subsection shall be for such period of time as determined by the City Council and shall be conditioned upon use of such autoette only by the permittee.

 

h.            The applicant owns and operates a business located in the Pebbly Beach area and the closure of Pebbly Beach Road to pedestrians, most autoettes and motorcycles has resulted in a financial hardship, including but not limited to employee staffing, the ability to attract customers or transportation of materials and equipment, the applicant proposes to use the vehicle to transport employees, customers, equipment and materials to and from the business. As a condition of the permit, the permit issued pursuant to this subsection shall cease to be effective upon the reopening of Pebbly Beach Road to all autoettes and the vehicle shall be removed from Catalina Island within fifteen (15) days thereof unless the business operator is otherwise qualified for a permit for the vehicle. In addition, the temporarily permitted vehicle shall only be used for commercial purposes.

 

i.              Temporary vehicle permits issued pursuant to this section to local contractors and businesses shall be subject to the following additional conditions:

 

(i)                 The vehicle may only be parked on City streets, alleys or public ways during permitted building hours and days;

 

(ii)               The vehicle may only be used for the specific project or job described in a written application and no personal use is permitted;

 

(iii)             The vehicle cannot be used in the interior unless the specific project or job requires interior travel as described in a written application;

 

(iv)             The vehicle must be parked at the applicant's business or warehouse location overnight when not temporarily permitted. Parking at an off-street residential location does not satisfy this condition.

 

(v)               When in use, the vehicle must display a uniquely colored, laminated permit issued by the City bearing the job location and dates of validity.

 

(vii)           Payment of applicable fees.

 

(2)               Except for permits pursuant to (d)(1)h., the City Manager or his designee is authorized to issue temporary vehicle permits, effective for a time period as determined to be appropriate by the City Manager, but in no event for more than one (1) month. The City Manager may issue no more than three (3) temporary permits to any one (1) applicant or for any one (1) vehicle during any twelve (12) month period. The foregoing limitations shall not apply to temporary permits issued pursuant to subsection 4-4.1703(d)(1)g. to allow overnight parking on public streets and rights-of-way by nonresident property owners.

 

(3)               Except with regard to temporary permits issued pursuant to subsection (d)(1)h. which remain effective until Pebbly Beach Road is reopened, the Hearing Officer is authorized to issue a Temporary Vehicle Permit for a maximum period of six (6) months, or in the case of a Temporary Vehicle Permit pursuant to subsection (d)(1)e, for a maximum period of twelve (12) months. Any such permit may be renewed upon the officer making the findings set forth in subsection (d)(1)a. above.

 

(4)               All vehicles with temporary vehicle permits shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of midnight and 6:00 a.m., unless otherwise provided in the permit.

 

(5)               The vehicle shall be used only for the purposes for which the permit is issued. Conditions may be attached to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

 

(6)               The Hearing Officer shall have the authority to impose a fine for violations of the conditions and terms of a temporary permit, up to a maximum of One Hundred and no/100ths ($100.00) Dollars for the first violation; Two Hundred and no/100ths ($200.00) Dollars for the second violation; and Three Hundred and no/100ths ($300.00) Dollars for the third violation. In the case of temporary permits issued pursuant to (d)(1), the Vehicle Hearing Office shall have authority to permanently bar an applicant from receiving future temporary permits. Hearings on whether to impose such fines or permanently bar an applicant from receiving future temporary permits shall be conducted in the manner set forth herein for hearings.

 

(e)                Public Service/Public Health and Safety Vehicle Permits.

 

(1)               Public service vehicle permits may be granted by the Hearing officer for any vehicle owned and operated by the City, the County of Los Angeles, the State or Federal government; by electric, gas, water, or telephone companies certified by the California Public Utilities Commission, or by a religious institution that owns real property in the City of Avalon, provided the applicant demonstrates that the vehicle meets specific needs of the institution which cannot be met through another vehicle or source of transportation.

 

(2)               Public health and safety vehicle permits may be granted to a private business for vehicles owned by such business if the Hearing Officer decides, based upon recommendation of any city or Los Angeles County agency, that such vehicle is reasonably necessary in order to protect the public health and safety, and no other vehicle is reasonably available to fulfill such need. The Vehicle Clerk may grant a public health and safety vehicle permit to a private individual employed by the Long Beach Unified School District as a bus driver for a vehicle that is used by such person primarily for the purpose of traveling to the Isthmus to provide such driving services.

 

(3)               In granting such permits, the Hearing Officer shall determine whether an autoette will be sufficient to fulfill the public service/public health use, in which case the Hearing Officer shall so limit the permit. Even if the Hearing Officer determines that a full-sized vehicle is necessary, if the proposed vehicle to be permitted is oversized, the provisions of Section 4-4.1705 shall apply.

 

(4)               Except as provided herein, Public Service/Public Health and Safety permits shall be valid for a period of one (1) year only and may be renewed at the end of the period only if all of the findings set forth in subsections (1) and (2) are satisfied. The foregoing shall not apply to City or County law enforcement, fire and emergency service vehicles which are owned by and registered to the public agency. Permits issued prior to the effective date of this ordinance must be renewed on or before November 1, 2005.

 

(5)               In granting such permits, the Hearing Officer may impose such terms and conditions as appear appropriate to reduce the impact of the additional permitted vehicle, including but not limited to setting specific class, length, parking and other limitations or restrictions. Except as provided herein, vehicles permitted under this paragraph shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless such vehicle is parked so as to be immediately available to on-call city or county law enforcement, fire, and emergency services personnel, on-call persons employed by electric, gas, water or telephone companies certified by the California Public Utilities Commission, or on-call hospital personnel. The Vehicle Hearing Officer shall direct the Vehicle Clerk when to utilize special permits to identify a vehicle bearing a public service permit which may not be parked on public streets between the hours of 7:00 p.m. and 6:00 a.m.

 

(f)                Commercial Rental Autoette Permits. Business entities or individuals whose activities are governed by Chapter 11 and Chapter 14 of Title 5 of this Code shall register all autoettes used in connection with such activities and comply with subsections in accordance with this paragraph (c)(2), (4) and (5). Autoette permits may be granted for rental purposes to any person in possession of a valid permit under Section 5-11.03, which permits shall continue to be effective until canceled by the holder thereof.

 

(g)               Autoette Permits.

 

(1)               Per Dwelling Unit. One (1), and only (1), autoette permit may be granted per dwelling unit as defined in this chapter. The permit shall be issued only where the dwelling unit is located within the City limits and only to a person who actually occupies or resides in the dwelling unit. An owner of a dwelling unit shall not be entitled to personally use an autoette permit issued for such unit unless the owner actually occupies or resides in the unit. Autoette permits may be requested by owners of hotels for transient occupants pursuant to Avalon Municipal Code Section 5-11.03. In the event more than one (1) autoette permit has been issued in connection with a dwelling unit to an occupant as of April 4, 1989, all but one (1) of such permits shall not be eligible for renewal upon their normal date of expiration in 1993. An autoette permit that has previously been issued to an owner of a dwelling unit who does not actually occupy or reside in the subject dwelling unit is eligible for renewal if proof of dedicated off-street parking for the autoette is provided. Such autoette permits may also be transferred to a person who actually occupies or resides in the dwelling unit. If proof of dedicated off-street parking is not provided during the five-year expiration period, such autoette permit held by a non-occupant or nonresident owner shall expire five (5) years from the date when renewal is sought and proof of off-street parking has not been provided. A hardship exception may be granted if the following criteria is met by a non-occupant or nonresident owner: A) The autoette is needed regularly and the need cannot be met by other means of transporation or by parking the autoette remotely; B) No off-street parking space is available for the vehicle on the dwelling unit's premises or within a reasonable distance of the dwelling unit;  C) The dwelling unit's garage or other parking space has not been converted to or placed in other use without City permission; and D) Another vehicle regularly parked on the dwelling unit premises cannot be displaced without equivalent hardship.

 

(2)               Per Vessel Used as Principal Place of Residence. One (1), and only one (1) autoette permit may be granted per vessel, to a person who has established residency in Avalon by making the vessel his principal place of residence for at least nine (9) months, six (6) of which have been while moored in the Avalon Harbor, and moored or anchored for the other three (3) months within the adjacent waters from Long Point to Jew Fish Point, and who thereafter maintains the boat as his principal place of residence, moored within Avalon Harbor for at least six (6) months of each year and within one (1) mile of Catalina Island for the balance of the year. The applicant shall submit sufficient documentation to establish residency as set forth in Section 4-4.1714(c).

 

(3)               Autoette permits may be granted to a homeowners' association or similar nonprofit association  pursuant to a condition of approval of a development project as a means of mitigating traffic and parking impacts created by the project. The association shall pool the permits for use by members of the association, who shall not be eligible to obtain individual autoette permits.

 

(4)               Persons owning real property improved with a residential unit(s) who are nonresidents of Avalon at the time of application for an autoette permit and who acquired such real property on or after September 2, 1988, shall not be permitted to park such autoette on any public street or right-of-way between the hours of 2:00 a.m. and 6:00 a.m. except as permitted by a valid temporary permit issued pursuant to subsection (d)(1)g. of this Section 4-4.1703 or except where the permittee holds a valid handicapped parking permit issued by the California Department of Motor Vehicles.

 

(5)               Autoette permits may be granted for rental or commercial purposes to any person in possession of a valid permit under Sections 5-11.03 and  4-4.1703(b) of this Code.

 

(6)               Resident vehicle permits may be used in lieu of an autoette permit upon compliance with the City's registration procedures.

 

(7)               For purposes of paragraph (1), "household" is defined in Section 4-4.1714(d) and "dwelling unit" shall have the same definition as set forth in Section 9-3.604 of Title 9, Chapter 3, Article 6.

 

(8)               All permits issued pursuant to paragraphs (1) and (2) shall expire on April 1 of each year and the permittee shall be required to demonstrate compliance with the requirements of this Title in order to renew same.

 

(h)               Vintage Vehicle Permits. One vintage vehicle permit may be granted to any resident of the City and to any person who resides in a residence within three (3) miles of the boundaries of the City in exchange for a resident vehicle permit(s) upon proof of ownership of one or more vehicles which are each more than thirty (30) years old. The permit shall allow the permittee to use one such vehicle at a time and such permit shall be transferable to any vintage vehicle owned by the permittee. As a condition of the permit, the permittee shall provide overnight off-street parking for all vintage vehicles.

 

(i)                 Horse-Drawn Vehicle Permits. A horse-drawn vehicle permit may be issued by the City Council on a showing by the applicant that the operation of the vehicle will not adversely impact traffic, health and safety. The City Council may limit the number of such permits, and may condition any permit issued to mitigate the impacts of operation, including but not limited to designating the streets on which the vehicle may be operated and the times and days of operation permitted.

 

(§1, Ord. 823U; §1, Ord. 824; §1, Ord. 827U; §1, Ord. 830, eff. September 15, 1988; §1, Ord. 853, eff. January 4, 1990; §1, Ord. 857, eff. June 14, 1990; §§1, 2, Ord. 907-94, eff. August 4, 1994; §§3—12, 22, Ord. 926-96, eff. March 7, 1996; §§2, 5, 6, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 971-99, eff. November 4, 1999; §1, Ord. 984-00, eff. September 14, 2000; §§1, 2, Ord. 985-00, eff. September 14, 2000; Ord. 1008-02, eff. October 17, 2002; Ord. 1012-03, eff. May 15, 2003; §1, Ord. 1033-05, eff. October 6, 2005; §1, Ord. 1035-05, eff. December 30, 2005; §1, Ord. 1040-06, eff. June 1, 2006; §2, Ord. 1049-07, eff.
March 22, 2007; §1, Ord. 1063-07, eff. December 6, 2007; §2, Ord. 1068-08, eff. April 17, 2008; §§1,2, Ord. 1081-08, eff. December 4, 2008; Ord. U-1112-12, eff. March 20, 2012; §2, Ord. 1117-13, eff. May 2, 2013)

 

 

Sec. 4-4.1703.5     Types of Permits Issued to Persons and Entities.

 

(a)                Interior Resident Vehicle Permits. An interior resident permit may be granted to the owner of any vehicle provided the owner resides in and the vehicle is permanently registered and garaged at an address more than three (3) miles outside of the City's jurisdiction and on Santa Catalina Island. The permit shall expire automatically should the vehicle or owner no longer meet these requirements. Except as provided in paragraph (1) below, no more than two (2) interior resident permits shall be issued per household. The maximum of two (2) interior permits shall include those issued prior to April 18, 1989. While in the City, no vehicle bearing an interior resident vehicle permit shall be parked on any public street or public right-of-way between the hours of midnight and 6:00 a.m. Overnight parking of the vehicle within City limits, whether on public or private property, on more than an occasional basis, shall be grounds for revocation of such permit, unless the permit holder demonstrates good cause therefor. As used herein, good cause means unusual circumstances, such as family illness or similar circumstance, requiring a member of the permit holder's household to remain within City limits for not more than three (3) consecutive days.

 

(1)               Notwithstanding the two (2) permit limit, the Vehicle Hearing Officer may issue additional interior resident vehicles to persons within the same household, provided the applicant and the vehicle otherwise meet the requirements of subsection (a) above, and the applicant demonstrates the following:

 

a.             The transportation needs of the household cannot reasonably be met with the existing permitted or unpermitted vehicles;

 

b.            Parking impacts of the additional vehicle(s) while in the City of Avalon are mitigated by appropriate conditions.

 

            Any permits issued pursuant to this subsection (a)(1) shall be subject to annual renewal hearings to determine whether the foregoing requirements continue to be met.

 

(b)               Interior Commercial Vehicle Permits. An interior commercial permit may be granted to any person, organization, partnership, trust or corporation whose primary commercial or institutional activities are conducted at an address on Santa Catalina Island outside of and more than three (3) miles from the City of Avalon limits for use in connection with a commercial enterprise or institutional activity for any vehicle permanently garaged at an address on Santa Catalina Island, as follows:

 

(1)               The following findings must be made in an affirmative manner: The applicant must make a sufficient showing that the interior commercial vehicle permit or permits requested are necessary to the proper functioning of the commercial enterprise and that no other vehicle owned or available to the applicant will satisfy the needs of the applicant's enterprise.

 

(2)               The permit must be displayed and visible when the vehicle is within the City limits.

 

(3)               An interior commercial vehicle permit shall be valid for a period of one (1) year only and at the expiration of said period, may be renewed only if the findings set forth in paragraph (1) hereof are made. Except as set forth in subparagraph (i) below, new permits shall be issued only when an existing permit is revoked or is not renewed by the holder thereof.

 

(i)                 Application may be made and the Vehicle Hearing Officer may issue an interior commercial vehicle permit without reference to the waiting list only upon affirmative finding of all of the following:

 

(A)             The equipment and other real or personal property used in the applicant's commercial enterprise(s) are physically located at least four (4) miles outside of the City of Avalon's jurisdictional limits;

 

(B)              The sole source of income to the applicant from businesses located on Santa Catalina Island, excluding rents, is from a business located at least four (4) miles outside of the City of Avalon's jurisdictional limits and the vehicle is necessary to the functioning of the business for reasons other than transportation of the applicant to the business location;

 

(C)              The applicant shall not be entitled to any other full-sized vehicle permits or a commercial autoette permit, except that the applicant may be considered for a second interior commercial vehicle permit at such time that the applicant's name appears at the top of the Interior Commercial Vehicle waiting list and the Vehicle Hearing Officer makes the affirmative findings set forth in (b)(1) above.

 

(D)             The applicant provides proof of the ability to comply with paragraph (b)(5) below.

 

(4)               The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

 

(5)               All vehicles bearing an interior commercial vehicle permit shall have overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this title.

 

(6)               Non-commercial institutional uses or entities may be issued an interior commercial vehicle permit pursuant to the provisions of subsection (b) of this section.

 

(7)               Resident vehicle permits, interior resident permits and commercial vehicle permits issued to commercial vehicles which qualify for an interior commercial vehicle permit may be exchanged for an interior commercial vehicle permit during the 1991 registration period. Upon application therefor, and before April 1, 1991, such vehicles shall be issued interior commercial vehicle permits without the necessity of a hearing as would ordinarily be required under this paragraph, except that after the initial one (l)-year effective term of such permits, all of the applicable requirements of this paragraph shall be satisfied as a prerequisite of reissuance of the permits.

 

(§7, Ord. 962-99, eff. June 3, 1999; §1, Ord. 1005-02, eff. April 18, 2002; §2. Ord. 1027-04, eff. November 18, 2004; §1, Ord. 1050-07, eff. March 22, 2007)

 

 

Sec. 4-4.1704        Maximum Number.

 

(a)                Resident Vehicle Permits. Except as provided herein, a new resident vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of two (2) such permits. A resident vehicle permit that otherwise would have expired or been nonrenewed as a result of the death of the permittee that is or may be transferred to a child of the permittee if the child establishes residency within one year as provided in Section 4-4.1707(a)(2) shall be included and treated as if the permit was expired. However, in no event shall the total number of resident vehicle permits issued and outstanding exceed a maximum established by resolution of the City Council.

 

(b)               Commercial Vehicle Permits. Commercial vehicle permits shall be issued only upon the expiration (including late fee period), surrender, nonrenewal or revocation of one of the same such permits, or upon the redemption of a permit for credit issued pursuant to the provisions of Section 4-4.1703(b)(8).

 

(c)                Interior Resident Vehicle Permits. The number of interior resident vehicle permits issued and outstanding shall not exceed the maximum established by resolution of the City Council.

 

(d)               Interior Commercial Vehicle Permits. Except as set forth in Section 4-4.1703.5(b)(3)(i), a new interior commercial vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of one of the same such permits.

 

(e)                Reserved. (§ 5, Ord. U-1151-16, eff. December 20, 2016; § 3, Ord. U-1152-17, eff. January 25, 2017; § 3, Ord. 1154-17)

 

(§12, Ord. 926-96, eff. March 7, 1996; §3, Ord. 1027-04, eff. November 18, 2004; §1, Ord. 1082-08, eff. December 18, 2008; § 5, Ord. U-1151-16, eff. December 20, 2016; § 3, Ord. U-1152-17, eff. January 25, 2017; § 3, Ord. 1154-17)

 

 

Sec. 4-4.1705        Maximum Length and Width.

 

            Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officer finds, for non-autoette permits only, that (1) the weight, length, width and nature of a vehicle is necessary for the proposed use, (2) a smaller vehicle cannot satisfy the applicant’s transportation requirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and noise, no vehicle permit for any vehicle authorized by Section 4-4.1703 shall be issued nor transferred pursuant to Section 4-4.1707, unless the vehicle satisfies the following size limitations: 

 

(a)                No full-sized vehicle shall exceed two hundred (200”) inches in length, including front and rear bumpers or eighty (80”) inches in width as measured from the widest part of the vehicle, including but not limited to, mirrors and door handles;

 

(b)               Except as specified in subsection (1) and (2) below, an autoette permit shall not be issued for any vehicle that exceeds fifty-five (55") inches in width, as measured from the widest part of the autoette.

 

(1)               An autoette permit may be issued to an otherwise qualified person for an electric-powered autoette that meets the definition of “Low-Speed Vehicle/Neighborhood Electric Vehicle” as defined in either California Vehicle Code section 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of one hundred thirty-eight (138") inches or less, including front and rear bumpers, and a width of sixty-seven (67”) inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles.”

 

(2)               An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or “micro-cars” provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of sixty-seven (67”) inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than one hundred twenty point one (120.1”) inches.

 

            The foregoing shall not apply to any full-sized vehicle that exceeds the maximum length or width for which a resident vehicle permit (blue sticker) was issued as of January 1, 1989, and shall not prevent renewal of such permits provided that the vehicle remains in the ownership and possession of the permit holder of record as of that date; nor shall it apply to any full-sized vehicle or autoette which exceeds the maximum width for which a vehicle permit was issued prior to June 1, 1999, and shall not prevent renewal of such permits provided that the vehicle remains in the ownership and possession of the permit holder of record as of that date.

 

            All measurements specified above shall be based on the vehicle as originally equipped by the manufacturer pursuant to the requirements of California Vehicle Code §28001. No vehicle that exceeds the length limitation specified above for which a resident vehicle permit or autoette permit, as applicable, was first issued after April 18, 1989 shall be parked on public streets between the hours of midnight and 6:00 a.m. No vehicle that exceeds the width limitation specified above for which a residence vehicle permit or autoette permit, as applicable, was first issued after June 5, 1999, shall be parked on public streets between the hours of midnight and 6:00 a.m.

 

(§2, Ord. 853, eff. January 4, 1990; as amended by §14, Ord. 926-96, eff. March 7, 1996; §4, Ord. 962-99, eff. June 3, 1999; §1, Ord. 983-00 eff. September 14, 2000; §1, Ord. 986-00, eff. October 19, 2000; Ord. 1007-02, eff. October 17, 2002; §1, Ord. 1067-08, eff. April 3, 2008; §1, Ord. 1096-10, eff. July 1, 2010; § 2, Ord. U-1151-16, eff. December 20, 2016)

 

 

Sec. 4-4.1705.1     Replacement of Vehicles. 

 

            The holder of a valid vehicle permit may replace the vehicle with a vehicle in the same category, provided that the replacement vehicle is within the size limits established by Section 4-4.1705(a). An oversized vehicle that has been issued an oversized vehicle permit may not be replaced by a larger vehicle.  No exceptions to this oversized vehicle rule may be made by the Vehicle Clerk, the Vehicle Hearing Officer, or any other person.

 

(§ 3, Ord. U-1151-16, eff. December 20, 2016; § 2, Ord. U-1152-17, eff. January 25, 2017; § 2, Ord. 1154-17)

 

 

Sec. 4-4.1706        Hearings.

 

            Applications for the issuance, renewal, transfers or modification of permits or commercial vehicle credits shall be submitted to a Vehicle Clerk, who shall be designated by the City Manager. Proceedings to review applications for vehicle permits and all other proceedings, except as otherwise provided, shall be conducted by a Hearing Officer appointed by the City Council. The Hearing Officer, and where applicable, the Vehicle Clerk, shall have the authority to act upon the issuance, renewal, transfer, modify cation and revocation of vehicle permits, commercial vehicle credits and imposition of fines pursuant to the standards and criteria set forth in this article and pursuant to the procedures adopted by resolution of the City Council. Any decision of the Vehicle Clerk may be appealed to the Hearing Officer, and any decision of the Hearing Officer may be appealed to the City Council pursuant to Chapter 4 of Title 1 of the Avalon Municipal Code, except a decision as to whether a hearing is required, which decision may be appealed to the City Manager who may decide such appeal on written statements only.

 

(§15, Ord. 926-96, eff. March 7, 1996)

 

 

Sec. 4-4.1707        Transfer of Permits.

 

            As used in subsections (a), (c), (d) and (g), "transfer" means use of the permitted vehicle by anyone other than persons residing in the permit holder's household on more than a temporary or occasional basis. As used in subsections (b), (c) (if the temporary permit is issued to for a commercial purpose), (f) and (i), "transfer" means use of the permitted vehicle by persons employed by the commercial enterprise to which the permit was issued for purposes which are not related to the commercial enterprise on more than a temporary or occasional basis, or the use of the permitted vehicle by persons who are not employed by the commercial enterprise or who are not members of the permittee's household.

 

(a)                Resident Vehicle Permits. No resident vehicle permit issued under Section 44.1703 (a) shall be transferred or assigned from the permittee to any other person or from the vehicle to which it is issued to any other vehicle, except where the transfer complies with all requirements applicable to the issuance of such a permit, except as provided below, including but not limited to Section 4-4.1703(a)(1):

 

(1)               The permit is transferred from a vehicle removed from the City or otherwise permitted under this chapter to another vehicle owned by the same person, except that under no circumstances shall the permit be transferred to a vehicle in excess of the size limitation of Section 4-4.1705 unless the findings of that section are satisfied; or

 

(2)               The permit is transferred by operation of law or judicial decree (a) upon the death of the permittee to the permittee's surviving spouse or a child of the deceased aged sixteen (16) years or older who is a resident of Avalon at the time of the decedent's death or who establishes such residency within one (1) year of the decedent's death; or (b) on dissolution of marriage to one of the spouses, provided the spouse to whom the permit is transferred is a resident at the time of transfer, or, if the permit was issued prior to April 18, 1989, the spouse is the owner of real property in the City. In cases where more than one (1) child is qualified to receive a transfer under this provision but there is no will or other instrument specifying to which child the transfer will be made, and the children cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance.

 

(3)               The permit was issued prior to April 18, 1989 and is transferred to an adult child of the permittee who is not living with the permittee, and who is a resident at the time of transfer of the resident vehicle permit.

 

(4)               The permit is transferred by will or other devise to his or her birth or adoptive parent, by an adult child who predeceases the parent, provided the parent is a resident at the time of death of the child. Where more than one (1) parent is qualified to receive a transfer under this provision but the parents live in separate households and the child does not specify in a will to which parent the transfer will be made, and the parents cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance.

 

(b)               Commercial Vehicle Permits and Credits. Commercial vehicle permits and credits shall not be transferred or assigned, except:

 

(1)               Upon the sale or transfer of a commercial enterprise, or a portion of a multiple commercial enterprise which constitutes a separate and complete business subject to meeting the criteria contained in Section 4-4.1703(b);

 

or

 

(2)               From one vehicle to another in ownership or lawful possession of the same permittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted under this chapter, the new vehicle is used for the same business as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitation of Section 4-4.1705, unless the findings of that section are satisfied.

 

            Transfers or assignments pursuant to paragraph (b)(l) hereunder require a hearing pursuant to Section 4-4.1703(b) prior to the transfer of the permit; transfers or assignments pursuant to paragraphs (a)(l), (2) and (3) and (b)(2) do not require a hearing except as otherwise required under Section 4-4.1705, except that the Vehicle Clerk may request documentation or other proof of qualification prior to a transfer under those sections.

 

(c)                Temporary Vehicle Permits. No temporary vehicle permit shall be transferred or assigned.

 

(d)               Autoette Permits. Autoette permits shall not be assigned or transferred except:

 

(1)               From one autoette to another in ownership or lawful possession of the same permittee, as long as the autoette from which the permit is transferred is removed from the City or otherwise permitted under this chapter, and the new autoette is not in excess of the size limitations of Section 4-4.1705, or if the permit is issued and used pursuant to the conditions of approval of a development agreement project pursuant to Section 4-4.1703(f). Notwithstanding Section 5-11.03, the owner of a rental unit in a residential dwelling who is otherwise entitled to the permit may grant use of the autoette without separate charge to any occupant of the rental unit during the rental period, in which event the owner shall be responsible for ensuring compliance with all state insurance requirements applicable to such use. No person shall arrange or participate in the use of an autoette by the renter of one household where the permit for the autoette was issued to a different household, except that this shall not prohibit a permittee or assignee from allowing temporary use of the permitted vehicle by friends or family members.

 

            Transfers or assignments hereunder do not require a hearing except as otherwise required under Section 4-4.1705.

 

(e)                Intentionally Omitted.

 

(f)                Interior Commercial Vehicle Permits. Interior commercial vehicle permits may be temporarily transferred to other interior residents and other entities and persons which operate interior commercial business and institutions as determined by the holder of the permit.

 

(i)                 Interior commercial permits shall not be assigned, except upon the sale or transfer of a commercial enterprise, subject to meeting the criteria contained in Section 4-4.1703.5(b) (1).

 

(g)               Vintage Vehicle Permits. Vintage vehicle permits shall be transferable by the permittee only to other vintage vehicles owned by the permittee. The permittee shall provide a list of all vintage vehicles owned at the time of permit issuance.

 

(h)               Horse-Drawn Vehicle Permits. Horse-drawn vehicle permits are not transferable.

 

(i)                 Commercial Autoette Permits. No commercial autoette permit shall be transferred or assigned.

 

(j)                 Public Service Permits. Public service permits issued pursuant to Section 4-4.1703(e) shall not be transferred or assigned except:

 

(1)               From one vehicle to another in ownership or lawful possession of the same permittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted under this chapter, the new vehicle is used for the same activities as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitations of Section 4-4.1705, unless the findings of that section are satisfied.

 

            Transfers or assignments hereunder do not require a hearing except as otherwise required under Section 4-4.1705.

 

(§§17—20, Ord. 926-96, eff. March 7, 1996; §8, Ord. 962-99, eff. June 3, 1999; §§2, 3, Ord. 983-00, eff. September 14, 2000; §1, Ord. 1032-05, eff. July 21, 2005; §2, Ord. 1050-07, eff. March 22, 2007; §§1,2, Ord. 1079-08, eff. December 4, 2008)

 

 

Sec. 4-4.1708        Revocation of Permits.

 

            The Hearing Officer, and the Council on appeal therefrom, have the power to revoke or suspend any vehicle permit granted pursuant to provisions of this article upon determining that:

 

(a)                The permit holder has violated any provision of this chapter or any conditions of permit approval.

 

(b)               The permit holder, following the issuance of the permit, has either been convicted of, entered a plea of nolo contendere to, or failed to appear before the appropriate court with respect to a violation of this chapter.

 

(c)                The permit holder of any resident vehicle permit, interior resident vehicle permit or autoette permit ceases to satisfy the residency or property ownership requirements contained in this chapter.

 

(d)               The vehicle is parked in an inoperable condition for a continuous thirty (30) day period on a public street.

 

            Prior to any such revocation or suspension the Hearing Officer, and the Council on appeal therefrom, shall give the permit holder or his authorized representative an opportunity to present facts in opposition thereto. Upon any revocation, the vehicle shall be removed from the City within thirty (30) days.

 

(§3, Ord. 853, eff. January 4, 1990)

 

 

Sec. 4-4.1709        Modification of Conditions.

 

            After a vehicle permit has been granted or renewed under this article, any conditions which may have been imposed upon the permit holder may be modified by the Hearing Officer upon application of the permit holder. Any such modifications may be made upon the officer's determination that:

 

(a)                The permit holder has demonstrated a necessity for the modifications.

 

(b)               The modifications will not be detrimental to the public health, safety and welfare.

 

(c)                The modifications are not contrary to the original intent of the initial approval.

 

 

Sec. 4-4.1710        Permit Affixing Regulations.

 

            No person, firm or corporation shall affix a vehicle permit issued pursuant to this article to any vehicle other than the vehicle for which the permit was issued, except as permitted according to this article, nor shall any person, firm or corporation affix to any vehicle a permit not properly issued pursuant to this article.

 

 

Sec. 4-4.1711        Penalty: General Provisions.

 

            Except as provided in Section 4-4.1703(c)(6), a violation of any of the provisions of this article shall be a misdemeanor and shall be punishable by a fine of not more than Five Hundred and no/l00ths ($500.00) Dollars and/or imprisonment for a period not exceeding six (6) months.

 

 

Sec. 4-4.1712        Penalty: Alternative Provisions.

 

            An operable vehicle which is found on a City street without a current bona fide City vehicle permit shall be subject to citation, impoundment, towing to, and storage in the nearest available safe place, or shall be immobilized by a wheel lock. All costs incurred in impounding, towing, or immobilizing a vehicle shall be borne by the vehicle owner. The subsequent disposition of such a vehicle shall be determined as follows:

 

(a)                If such a vehicle is currently legally registered in any State in the United States, the City shall ascertain the owner's address and notify same by certified mail with return receipt requested or by United States Postal Service Certificate of Mailing, that the vehicle is in violation of the City's permit requirements and has been impounded or immobilized for such offense. The notice shall further inform the owner that he shall have fifteen (15) days from receipt of the notice to secure a permit from the City and that if no such permit is timely secured that the vehicle shall be shipped to the port of San Pedro and thereafter towed to and stored in the nearest available safe place. The owner or owner's authorized representative shall be able to resecure possession of such vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle. If the owner or owner's authorized representative does not so resecure possession within thirty (30) days the vehicle shall be disposed of pursuant to Civil Code Section 3068.1 et seq.

 

(b)               If such a vehicle is not currently registered in any State of the United States, it shall be kept in a safe place for thirty (30) days and, if not claimed by such time, shall be deemed an abandoned vehicle and disposed of pursuant to California Vehicle Code Sections 222851 et seq. If the owner or owner's agent does not claim the vehicle within thirty (30) days, the vehicle shall be shipped to the port of San Pedro and thereafter towed to and stored in the nearest safe place. The owner or owner's authorized representative shall be able to resecure possession of the vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle. If the owner or owner's authorized representative does not so resecure possession within thirty (30) days the vehicle shall be disposed of pursuant to Civil Code Section 3068.1 et seq.

 

(§2, Ord. 1145-15, eff. December 17, 2015)

 

 

Sec. 4-4.1713        Vehicle Noise.

 

(a)                Prohibited Installations and Noise Limits. It shall be unlawful for any person to own or operate an autoette which has a speaker or speakers or other sound amplification device mounted, fixed or secured and directs or points the sound away from the occupants or toward the outside of the autoette. Except as provided herein, it shall be unlawful for any person to operate an automobile, truck, motorcycle or autoette on any street or public right-of-way, or on any private street or right-of-way designated in Section 4-4.1301, and within the City limits, if the operation of said automobile, truck, motorcycle or autoette generates a sound level which is unreasonably loud, offensive, or excessive to a person with normal hearing sensitivity. A sound level which exceeds the following measurements shall be conclusive proof of an unreasonable sound level under this section: (1) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more and any combination of vehicles towed by such motor vehicle - 82 dB; (2) Any motorcycle other than a motor driven cycle - 77 dB; (3) Any other motor vehicle and any combination of vehicles towed by such motor vehicle - 74 dB.

 

            Measurement of decibels levels shall be made pursuant to the testing procedures set forth in subsection (b) herein.

 

(b)               Testing Procedure.

 

(1)               Instrumentation. Noise levels shall be measured by a sound level meter which meets ANSI S1.4 Type 1-IEC 651 or ANSI S1.4 Type 2-IEC651 requirements of the American National Standard Specifications for Sound Level Meters and which has been calibrated with an accuracy of + or - 0.5 dB within the time period recommended by the manufacturer.

 

(2)               Test Site; Local Conditions. Measurement shall be made after the vehicle travels for a distance of at least twenty (20') feet and is at a constant speed of between fifteen (15) and twenty (20) m.p.h. in an open space which consists of a reasonably flat area made of concrete, asphalt, or other hard material having a high acoustical reflectivity. Ambient noise levels at the measuring site during such testing shall be at least 15 dB less than the maximum measurement permitted hereunder for the vehicle to be tested.

 

(3)               Measurement. At least one measurement shall be made. Additional measurements may be taken if the vehicle to be tested is not driven at constant speeds or for the distance specified above. The measurement shall be made by holding the instrument at waist level, directed at the vehicle as it passes and from a distance of twenty-five (25') feet from the vehicle.

 

(4)               Statement of Results. A test report shall be made which includes all relevant details regarding the testing, including identification of the vehicle tested, the type of vehicle, a description of abnormal conditions, the location of the test site, ground conditions and weather conditions, measurement instrumentation, location and orientation of the instrument, sound level determined by the test(s), and the background sound level at each measuring point.

 

(c)                Violations. Violations of this section shall be punishable as an infraction. All violations shall be subject to a correction notice in accordance with the provisions of Vehicle Code section 40610. A first violation shall be subject to a Fifty and no/100ths ($50.00) Dollar fine; a second violation within one (1) year shall be subject to a Seventy-Five and no/100ths ($75.00) Dollar fine; each additional violation within one (1) year shall be subject to a One Hundred Fifty and no/100ths ($150.00) Dollar fine. In addition, no vehicle permit may be issued for an autoette which contains sound amplification installations in violation of this section.

 

(§2, Ord. 977-00, eff. April 6, 2000; §§1, 2, Ord. 1053-07, eff. June 14, 2007)

 

 

Sec. 4-4.1714        Definitions.

 

            The following words and phrases shall have the following meanings when used in this article:

 

(a)                "Autoette" shall mean any of the following: (1) a motor vehicle having three (3) or more wheels in contact with the ground, an unladen weight of no more than one thousand eight hundred (1,800) pounds and an overall length of no greater than one hundred twenty (120") inches including the front and back bumpers, without regard to classification or designation of such vehicle by the Department of Motor Vehicles, but shall not include any motor vehicle that is an "all-terrain vehicle" as defined in California Vehicle Code § 111 or (2) a vehicle that qualifies for an autoette permit pursuant to the exceptions set forth in Section 4-4.1705. Holders as of February 1, 2007 of a residential autoette permit issued for use of a motor vehicle which falls within the definition of "all-terrain vehicle" as set forth in California Vehicle Code § 111 shall be entitled to renew the permit provided such vehicle is and continues to be registered with the Department of Motor Vehicles for use on public streets; however, these permits shall not be transferable, and purchasers or assignees of the vehicle shall have no right or entitlement to a residential autoette permit for the all-terrain vehicle. The method of measurement of autoettes shall be performed by the Vehicle Clerk in accordance with polices adopted by the City Council. The provisions of Section 4-4.1705 regulating the width of autoettes shall also apply. Autoettes which exceed the length limitation specified herein that were permitted by the City prior to November 7, 1995 shall be exempt from the length limitations set forth herein. The exemptions shall apply to the autoette, regardless of ownership transfers. Vehicles classified as motorcycles by the Department of Motor Vehicles which would be classified as "autoettes" hereunder but were issued a permit by the City prior to February 1, 2000, including a temporary permit pursuant to Section 4-4.1703(d), shall be subject to the definitions and rules for "autoettes" upon the transfer of ownership of the vehicles.

 

(b)               "Resident" shall mean any person who maintains a principal place of residence within the boundaries specified in any provision under this article and who lives in such residence on more than a temporary, occasional or transient basis. Any person who spends in the aggregate more than nine (9) months of any twelve (12) month period within the boundaries specified in any provision under this article shall be presumed to be a resident thereof. However, this presumption may be overcome by proof that the person is within the boundaries specified in this article only for a temporary, transient, or occasional purpose even though the length of time during which the person is within the specified boundaries is greater than nine (9) months.

 

(c)                "Principal place of residence" shall mean the place where a person resides when not called elsewhere for labor or some other temporary or special purpose and to which one returns and remains. When a person is called elsewhere for labor or some other temporary or special purpose, no one other than persons residing at the permit holder's principal place of residence shall use the permitted vehicle. Violations of this provision shall result in revocation of the permit pursuant to the procedures specified herein.

 

(1)               The following are evidence of principal residency:      

 

a.                   Voter registration at the residence address;

 

b.                  Homeowner or renter tax exemption or homestead declaration taken at the residence address;

 

(2)               The following are further evidence of principal residency in the City:

 

a.                   Full-time employment in the City or its immediate environs (in the case of Resident Vehicle Permits);

 

b.                  Attendance of minor dependents at a primary or secondary school in the City; and,

 

c.                   Declaration of residence in the City on tax returns or other official documents necessary to obtain a license, benefit or other privilege.

 

(d)               "Household" shall mean all persons residing in a dwelling unit.

 

(e)                "Ownership of property" shall mean a recorded interest in real property that consists of title, whether legal or equitable, held solely or jointly with others.

 

(§2, Ord. 857, eff. June 14, 1990; §2, Ord. 894-U-93, eff. March 23, 1993; §2, Ord. 895-93, eff. May 6, 1993; §20, Ord. 926-96, eff. March 7, 1996; §3, Ord. 962-99, eff. June 3, 1999; §1, Ord. 976-00, eff. March 17, 2000; §1, Ord. 982-00, eff. August 10, 2000; §1, Ord. 990-01, eff. February 1, 2001; §2, Ord. 1055-07, eff. April 19, 2007; §2, Ord. 1096-10, eff. July 1, 2010)

 

 

Sec. 4-4.1715        Administration.

 

            The City Council shall adopt, by resolution, administrative procedures for the implementation and administration of this article and may amend said resolution from time to time. Said resolution may set fees for the issuance, renewal and transfer of permits pursuant to this article. The fees imposed shall be used to offset the costs of administering the vehicle permit program and to mitigate the City's traffic and parking problems.

 

 

Article 18. Limitation of Vehicles

 

 

(Sections 4-4.1801 through 4-4.1812, as added by Ordinance No. 573, effective September 5, 1973, as amended by Ordinance Nos. 582, effective March 6, 1974, and 594, effective November 28, 1974, repealed by Section 2, Ordinance No. 629, effective April 6, 1977)

 

 

Article 19. Golf Carts*

 

 

            * Editor's Note: Article 19, "Golf Carts" has been amended in its entirety by §§ 1—5, Ordinance No. 820-U, eff. December 31, 1987.

 

 

Sec. 4-4.1901        Electric Golf Cart Recharging Devices.

 

            It shall be a misdemeanor for any person to store, use or place any wiring, cords or other electrical devices across any public street or sidewalk in connection with the recharging of an electric powered vehicle.

 

(§2, Ord. 917-95, eff. April 20, 1995)

 

 

 



*The title of Article 11, formerly entitled "Loading and Unloading Zones," amended by Section 2, Ordinance No. 552, effective May 31, 1972.

CHAPTER 4 - TRAFFIC
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