HomeMy WebLinkAbout06. Intro Ord Repealing Chpt 1 of Art III - Traffic RegulationsneM O.
APPROVED BY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEEO
DATE: OCTOBER 23, 2018
SUBJECT: ORDINANCE REPEALING CHAPTER 1 OF ARTICLE III OF THE DOWNEY
MUNICIPAL CODE AND ADDING A NEW CHAPTER ("TRAFFIC
REGULATIONS") TO ARTICLE III ("PUBLIC SAFETY")
That the City Council introduce. -
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DOWNEY
REPEALING CHAPTER 1 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE
AND ADDING A NEW CHAPTER ("TRAFFIC REGULATIONS") TO ARTICLE III
("PUBLIC SAFETY")
The California Vehicle Code is the underlying legislation with respect to traffic laws and
regulations for the City of Downey and all other local authorities within the State of California.
Sections 21100 through 21117 of the California Vehicle Code authorize the governing body of a
local authority to adopt ordinances and resolutions in order to establish traffic laws and
regulations specific to the local authority.
Due to changes in the City's organizational structure as well as traffic circulation and parking
conditions which have occurred over time since their original adoption and subsequent
amendments, the existing sections within the Downey Municipal Code (DMC) relative to the
City's traffic regulations are in need of revision and updating to reflect current conditions.
The adoption of the attached ordinance will repeal Chapter 1 of Article III of the Downey
Municipal Code and replace it in its entirety with a new Chapter.
The proposed amendment to the DMC through this City Council action includes various
revisions to the Definitions (Sections 3100 through 3133.4), Establishment of Residential
Permitted Parking Districts (Section 3199.6) and other sections of Chapter 1 of Article 111.
Among the most notable of the proposed revisions include the following pertaining to the City's
Residential Permitted Parking Districts Program (Section 3199.6):
ORDINANCE REPEALING CHAPTER 1 OF ARTICLE III OF THE DMC AND ADDING A NEW
CHAPTER TO ARTICLE III
OCTOBER 23, 2018
PAGE 2
1. Subsection (c).2.(aa) increases the minimum residential use composition for a
proposed permitted parking district from at least fifty percent (50%) to seventy-five
percent (75%).
2. Subsection (c).2.(ff) — limits the establishment of residential permittedparking districts to
residential streets only, defined as -a street located within a residential zone which does
not appear on the Circulation Plan included within the City's adopted General Plan.
3. Subsection (d).1 — reduces the maximum number of residential permits per multi -family
dwelling unit from three (3) to two (2) when certain conditions exist.
4. Subsection (d).4 provides temporary permits to residents for distribution to guests
while a social function of other event is taking place at the resident's property to exempt
the guests from the on -street parking restriction or prohibition. Residents may apply for
up to 10 temporary permits once per month. The temporary permits will be valid one
day only.
Quality of Life, Infrastructure & Parks
None.
ATTACHMENTS
Attachment A Ordinance
e •
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING
CHAPTER 1 OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE AND ADDING A
NEW CHAPTER 1 ("TRAFFIC REGULATIONS") TO("PUBLIC
WHEREAS, the California Vehicle Code is the underlying legislation with respect to
traffic laws and regulations for all local authorities within the State of California; and
WHEREAS, Sections 21100 through 21117 of the California Vehicle Code authorize the
governing body of a local authority to adopt ordinances and resolutions in order to establish
traffic laws and regulations specific to the local authority; and
WHEREAS, due to changes in the City's organizational structure as well as traffic
circulation and parking conditions which have occurred over time, the existing sections within
the Downey Municipal Code relative to the City's traffic regulations are in need of revision to
reflect current conditions.
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ORDAIN FOLLOWS:
SECTION 1. Chapter 1 of Article III of the Downey Municipal Code is
hereby repealed in its entirety and a new Chapter 1 ("Traffic Regulations") is
added to Article III ("Public Safety") of the Downey Municipal Code to read as
follows:
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(a) The following terms, words, and phrases when used in this chapter shall for
the purpose of this chapter have the meanings respectively ascribed to
them in this part.
(b) Whenever any words or phrases used in this chapter are not defined
herein, but are now defined in the California Vehicle Code, such definitions=
are incorporated herein and shall be deemed to apply to such words and
phrases used herein as though set forth herein in full.
For the purpose of this chapter, an abandoned vehicle is a vehicle to which
possession has been relinquished and to which vehicle the person or persons
relinquishing possession also intends to relinquish all right and title in said
vehicle to the world. In determining whether a vehicle has been abandoned, the
provisions of Section 22523 of the California Vehicle Code shall apply.
Any highway having a roadway not exceeding 25 feet in width which is primarily
used for access to the rear or side entrances of abutting property.
That portion of the highway or street and the adjoining property upon which fifty
percent (50%) or more of the contiguous frontage property is occupied by
buildings for business fora distance of six hundred (600) feet, or upon both sides
of the highway or street for a distance of three hundred (300) feet or as defined in
the California Vehicle Code Sections 235 and 240.
The space adjacent to a curb reserved through the installation of red curb
markings and signs for the loading and unloading of bus passengers.
Shall mean the California Manual on Uniform Traffic Control Devices
(CAMUTCD) as published by the State of California, Caltrans, and is issued to
support, in accordance with Section 21400 of the California Vehicle Code, the
adoption of uniform standards and specifications for all official traffic control
devices in California. The CAMUTCD is the standard employed by the City to
determine the need, application,_ installation and maintenance of all traffic control
devices used in the City. Deviation from the CAMUTCD standards and
specifications for any traffic control device shall require the approval of the Public
Works Committee and/or the California Traffic Control Device Committee.
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The'CTCDC is an advisory body to the California Department of Transportation
(Caltrans) that fulfills the requirement of California Vehicle Code Section 21400,
to consult with local authorities in developing uniform traffic control device
standards.
Shall mean the current edition of the State of California Vehicle Code (CVC).
As used in this chapter, shall mean the area of the city bounded on the south by
the northerly line of the Union Pacific Railroad right-of-way, on the north by
the southerly right-of-way line of 5th Street, bounded and on the east and west by
the westerly and easterly right-of-way lines of Brookshire Avenue and
Paramount Boulevard, respectively.
As used in this chapter, shall mean the Chief of Police of the City of Downey,
California, or his deputies or authorized representatives.
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Shall mean the City Council of the City of Downey, California.
For the purpose of this chapter, the term "commercial equipment means
transportable equipment, including, but not limited to, backhoes, tractors, bucket
loaders, air compressors, concrete mixers, road rollers, concrete pumps and
poles and pipe dollies, cranes, street sweepers, or other vehicles, obviously
intended for commercial/construction purposes.
For the purpose of this chapter, a "commercial vehicle" is =a vehicle of a type
required to be registered under the California Vehicle Code used or maintained
for the transportation of persons for hire,_ compensation or profit, or designed,
used or maintained primarily for the transportation of property. Passenger
vehicles which are not used for the transportation of persons for hire,
compensation, or profit, house cars (motor homes) and vanpool vehicles are not
commercial vehicles.
A vertical design feature constructed at the outer edges of a street or highway to
delineate the edge of the street or highway and to separate the street or highway
from the parkway, sidewalk or raised median.
SECTION 3114 DISMANTLED VEHICLE
For the purpose of this chapter, a dismantled vehicle is a vehicle from which the
essential parts, as defined by the California Vehicle Code, have been removed
and which presents an outward appearance of having essential parts removed.
A raised or painted island in the roadway and separating opposing or conflicting
streams of traffic.
•
As used in this chapter, shall mean a way or place of whatever naturepublicly
maintained and open to the use of the public for purposes of vehicular travel.
Highway, in this chapter, may also include streets, roadways, and roads.
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For the purpose of this chapter, an inoperative vehicle is a vehicle which is
incapable, for mechanical or other reasons, of operating under its own power and
moving over streets or other areas or is incapable of operating and being moved
by the power of another vehicle over streets or other areas.
The space adjacent to a curb reserved by distinctive curb markings and/or signs
for a time set forth by the City Traffic Engineer for:
(a) The exclusive use of vehicles during the loading and unloading of
passengers;
(b) The exclusive use of vehicles during the loading and unloading of freight or
passengers;
(c) The exclusive use of vehicles during the loading and unloading of
handicapped passengers;
(d) The exclusive use of buses during the loading and unloading of
passengers.
Every detachable trailer or any other detachable device which itself is not self-
propelled and is designed to be drawn by a motor vehicle.
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Whenever certain hours are named herein, they shall mean standard time or
daylight saving time as may be in current use in the City.
Shall mean to stand or leave standing any vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actively engaged in
loading or unloading of passengers or materials.
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That portion of a street or highway between:
(a) The curb and street side of a sidewalk; or,
(b) When there is nota sidewalk, the area between the curb and the property
line of the adjacent property.
Shall mean the approvals issued by the City Traffic Engineer for, but not limited
to, the movement of oversize vehicles, temporary street closures, traffic control
for construction, parades or other events proposed to occur in the public right of
way or temporary relief from parking restrictions.
`Police Department' as used in this Section, shall mean the Police Department of
the City of Downey, California.
'Police Officer' as used in this chapter, shall mean every sworn member of the
City Police Department, police reserve, or any employee of the City authorized
by the Chief of Police to direct or regulate traffic, or to make arrest for violation of
traffic regulations, or to issue citations.
Others' as used in this Section, shall mean any Police Officer of any police
agency responding to a request for assistance by the City Police Department or
to any Police Officer of any police agency acting in the line of duty.
Shall mean, as used in this Section, a way or place in private ownership and
used for vehicle and pedestrian travel by the owner and those having implied or
specific permission from the owner to use but not by other members of the
public.
"Street" is a way or place of whatever nature, publicly maintained and open to the
use of the public for purposes of vehicular travel. Street includes highway.
As used in this chapter, the Public Works Committee shall mean the Committee
authorized and appointed by the City Council that is responsible for advising the
City Traffic Engineer in regards to the installation, modification or removal of
traffic control devices or actions.
SECTION 3128. RESIDENTIAL DISTRICT
Shall mean that portion of a highway and the property contiguous there to, other
than a business district, (a) upon one side of each highway, within a distance of a
quarter of a mile, the contiguous property fronting thereon is occupied by 13 or
more separate dwelling houses or business structures, or (b) upon both sides of
which highway, collectively, within a distance of a quarter of amile, the
contiguous property fronting thereon is occupied by 16 or more separate
dwelling houses or business structures. A residential district may be longer than
one quarter of a mile if the above ratio of separate dwelling houses or business
structures to the length of the highway exists. The term "residential district," as
used in this Section, does not apply to Section 3199.6.
All weekdays of the year excluding federal, state, local and school holidays as
defined by the Downey Unified School District.
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(a) Stop. When required means complete cessation of movement.
(b) Stop or Stand. When prohibited means 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, fire
REM
officer, city employeeworking in near the street right of way or official
traffic control device.
Shall include vehicles, pedestrians, ridden animals, and other conveyances,
either singly or together, while using any highway, street, way, sidewalk, path or
trail for the purpose of travel.
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Shall mean the study process and methodology, traffic control devices and
strategies as described in the City of Downey Neighborhood Traffic Calming
Policy used to enhance traffic and pedestrian safety and preserve neighborhood
character and livability.
Shall be defined as all traffic signs, signals, markings, and other devices as
described in the CAMUTCD used to regulate, warn, or guide traffic, placed on,
over, or adjacent to a street, highway, pedestrian facility, bikeway, or a private
road open to public travel by authority of a public agency or official having
jurisdiction, or, in the case of a private road, by authority of the private owner or
private official having jurisdiction.
A traffic lane is that portion of any roadway, either marked or unmarked, being
not less than nine feet in width, and used for the passage of vehicular or bicycle
traffic.
Shall mean the criteria and standards based on traffic, street and area conditions
on a street or at an intersection as described in the CAMUTCD or those criteria
and standards adopted by the City, that are used by the City Traffic Engineer or
others pursuant to determining the need for traffic control devices. Deviation
from the CAMUTCD and city warrants for traffic control device installation shall
require the approval of the Public Works Committee and the California Traffic
Control Device Committee.
For the purpose of this chapter, a "trailer" is a vehicle designed for carrying
persons or property on its own structure and for being drawn by a motor vehicle
whether or not part of its weight rest upon or carried by any other vehicle. For
the purpose of this chapter, trailer shall not include trailers designed and used
solely for recreational purposes and trailers with one (1) axle that are not for hire
or for rent and are used by the registered owner for personal use.
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For the purpose of this chapter, a wrecked vehicle is a vehicle which has an
outward manifestation or appearance of damage to the essential parts of said
vehicle.
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For purposes of this Chapter, it shall be the duty of the Police Department to
enforce the traffic regulations of the City and all of the state vehicle laws
applicable to traffic in the City, to make arrests for violations, to investigate traffic
accidents and to cooperate with the City 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 Division by this chapter and the traffic ordinances of this City.
The City Traffic Engineer shall be an official of the City who is assigned the
duties and responsibilities as defined in Section 3136 by the City Manager and
shall exercise the powers and duties with respect to traffic engineering as
provided in this title. Whenever the City Traffic Engineer is required or
authorized to place or maintain official traffic control and calming devices, such
devices shall be placed and maintained by the City Traffic Engineer accordingly.
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It shall be the general duty of the City Traffic Engineer to both authorize and
supervise the installation, operation and maintenance of the City's traffic control
and traffic calming devices; to review development and improvement plans for
conformance to the City's traffic standards; to conduct engineering and traffic
investigations required to address accident, circulation or parking issues; to
administer the issuance of all traffic and transportation related permits; to review
all traffic, parking and transportation studies prepared by others for conformance
to City policy and standards; to develop and maintain all traffic related accident,
volume, speed and traffic control device records and upgrades as required by
law and City policy; to seek and secure funding opportunities for the planning,
design, installation, maintenance and operations of new or existing traffic control
and traffic calming devices and infrastructure intended to enhance traffic safety;
to coordinate with other City officials and other agencies in the development of
ways and means to improve traffic conditions and to carryout the additional
powers and duties imposed by ordinances of this City and in accordance with the
provisions of this chapter.
Whenever, by the provisions of this chapter, a power is granted to the City Traffic
Engineer, ora duty imposed upon him, the power may be exercised or the duty
performed by his deputy or a person authorized in writing by him.
No requirement of City Council or others approval contained herein shall
preclude the installation of any temporary traffic control device or action deemed
necessary by the City Traffic Engineer as a result of or to correct an emergency
or hazardous condition.
When implementation of such temporary devices or action is required, the City
Traffic Engineer, within twenty-four (24) hours, shall document his action by
submitting a report to the Director of Public Works noting the type of control
device employed or action taken, date of installation and circumstance
necessitating his action. It shall be the responsibility of the Director of Public
Works to determine the disposition of the emergency action and to advise the
City Council and City Traffic Engineer accordingly.
SECTION•- OF POLICE AND FIRE DEPARTMENT OFFICIALS Tj
DIRECT
For purposes of this chapter:
(a) Members of the Police Department and such officers as are assigned by
the Chief of Police are authorized to direct all traffic by voice, hand or signal
in conformance with traffic laws; provided, however, that in the event of a
fire or other emergency or to expedite traffic or to safeguard pedestrians,
members of the Police Department may direct traffic as conditions may
require, notwithstanding the provisions of the traffic laws.
(b) Members of the fire Department, and/or any City employee when at the
scene of any emergency may director assist the police in directing traffic.
SECTION 3139. OBSTRUCTION OR INTERFERENCE WITH POLICE OR
AUTHORIZED OFFICERS.
No person shall interfere with, or obstruct in any way, any police officer or other
officer or employee of this City in their enforcement of the provisions of this
chapter. The removal, obliteration or concealment of any chalk mark or other
distinguishing mark used by any police or other employee or officer of this City in
connection with the enforcement of the parking regulations of this chapter shall, if
done for the purpose of evading the provisions of this chapter, constitute such
interference or obstruction.
No person other than a member of the Police Department, or a person assigned
by the Chief of Police or a person authorized by law including adult crossing
guards, shall direct or attempt to direct traffic by voice, hand or other signal
except that an individual may operate the mechanical push buttons activating the
pedestrian indications on a traffic signal.
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The provisions of this chapter shall apply to the driver of any vehicle owned or
used in the service of the United States government, the State, or any county or
City, and it shall be unlawful for any such driver to violate any of the provisions of
this chapter except as otherwise permitted in this code or by State statute.
(a) The provisions of this chapter regulating the operation, parking, and
standing of vehicles shall not apply to any vehicle of the Police Department
or Fire Department, any public ambulance, any public utility vehicle, or
private ambulance which has qualified as an authorized emergency vehicle
when any such vehicle is operated in the manner specified in the California
Vehicle Code in response to an emergency call.
(b) The foregoing exemptions shall not, however, relieve the operator of any
such vehicle from obligations to exercise due care for the safety of others or
the consequences of his willful disregard of the safety of others.
(c) The provisionsofthis chapter regulating the parking or standing of vehicles
shall not apply to any vehicles of a City Department or public utility while
necessarily in use for construction or repair work or any vehicle owned or
operated by the United States Postal Service while in use for the collection,
transportation, or delivery of United States mail, or any vehicle activity
engaged in the collection of refuse.
(a) Nothing in this chapter shall be construed to prevent police officers from
prohibiting any person from parking any vehicle upon or using any street or
sidewalk, or from prohibiting any pedestrian from using any street or
sidewalk whenever such officer has reasonable cause to believe that large
numbers of people or vehicles are to gather or have gathered, thus causing
any unreasonable hazard to the safety of individuals or property or creating
a traffic hazard. Said police officer shall have authority to direct the parking
of vehicles in any reasonable manner, way, or direction, and it is hereby
declared to be unlawful for any person to fail to promptly obey the said
police officer's order, signal, or command, regardless of any other provision
in this chapter.
(b) No person shall perform any act forbidden by any lawful order signal, or
direction of a traffic or police officer, or a member of the Fire Department, or
a person authorized by the Chief of Police or by law.
(a) The City Traffic Engineer shall havethe exclusive power and duty, except
for those traffic control devices as identified in the California Vehicle Code
that specifically require City Council approval or action, to place and
maintain, or cause to be placed and maintained, official traffic control
devices when and as required by the provisions of this chapter or by order
of the City Council.
(b) Whenever the California Vehicle Code or CAMUTCD requires for the
effectiveness of any provision thereof that traffic control devices be
installed, to givenoticeto the public of the application of such law, the City
Traffic Engineer is hereby authorized to install the necessary devices
subject to any limitations or restrictions set forth in the law applicable
thereto.
SECTION CONTROL
ENFORCEMENT PURPOSES.
No provision of the California Vehicle Code or of this chapter for which signs or
pavement markings are required shall be enforced against an alleged violator
unless appropriate signs and pavement and/or curb markings giving notice of
such provisions of such traffic laws are in place and sufficiently legible to be seen
by an ordinarily observant person.
(a) The City Traffic Engineer is hereby directed to recommend the installation
of official traffic signals at those intersections and other places where traffic
conditions are such as to require that the flow of traffic be alternately
interrupted and released in order to prevent or relieve traffic congestion or
to protect life or property from exceptional hazard and to install and
maintain such traffic signals when ordered to do so by resolution of the City
Council.
(b) The City Traffic Engineer shall ascertain and determine the locations where
traffic signals are required by resort to field observations, traffic counts,
accident history, street and area conditions, professional judgment and
other traffic information as may be pertinent, and the City Traffic Engineer's
determinations there from shall be made in accordance with the
procedures, methodology, standards, requirements, guidelines and criteria
set forth in the CAMUTCD and California Vehicle Code.
(c) Whenever the City Traffic Engineer installs and maintains an official traffic
signal at any intersection, street name signs visible to the principal flow of
traffic shall likewise be erected and maintained at such intersection unless
such street name signs have previously been placed and are maintained at
any such intersection.
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The City Traffic Engineer is hereby authorized to remove, relocate or discontinue
the operation of any traffic control device not specifically required by State of
California law or this chapter whenever it is determined in any particular case that
the conditions which warranted or required the installation no longer exist.
Removal, relocation, or discontinued use of any traffic control device shall be in
conformance with the requirements of the CAMUTCD and the California Vehicle
Code.
SECTION 3148. UNAUTHORIZED INSTALLATION, DAMAGES AND REMOVAL
TRAFFIC CONTROL DEVICES.
No person other than the City Traffic Engineer or a person or contractor acting
under the City Traffic Engineer's direction or an Agency working under a
cooperative agreement with the City shall install, place, damage or remove any
traffic control device except as otherwise expressly provided in this Code.
The City 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 set forth in this chapter.
(a) The City Traffic Engineer is hereby authorized to determine those
intersections or other locations at which drivers of vehicles shall not make a
right, left or U-turn and shall place proper signs, or if applicable as
determined by the City Traffic Engineer, pavement markings, at such
intersections or other locations. The making of such turns may be
prohibited between certain hours of any day and permitted during other
hours, in which event the same shall be plainly indicated on the signs, or
such signs may be removed when such turns are permitted, and;
(b) When left turns occurring from private property used for other than single
family use are impeding the flow of traffic and/or creating a dangerous
condition, the City Traffic Engineer shall have the authority to require, upon
reasonable notice, the owners or occupants, to post signage prohibiting left
turns at those exits designated by the City Traffic Engineer. All required
signage shall conform to the requirements of the CAMUTCD and City and
shall be installed and maintained to the satisfaction of the City Traffic
Engineer.
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SECTION ONE-WAY
STREETS AND ALLEYS.
Whenever the provisions of this Code designate any one-way street or alley, the
City 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 the movement of traffic in the opposite direction is prohibited
or as specified in the CAMUTCD.
- The following streets, within the limits designated, are hereby declared to be one-
way streets in the direction set forth:
(a) Burns Avenue between Old River School Road and Rives Avenue, one-way
eastbound.
(b) Brookpark Road between Elmont Avenue and Stoakes Avenue, one-way
westbound.
The following alleys, within the limits designated, are hereby declared to be one-
way alleys in the direction set forth:
(a) Alley north of Foster Road, between Bellflower Boulevard and Corrigan
Avenue, one-way eastbound.
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SECTION 3154. CITY TRAFFIC ENGINEER TO CONDUCT STUDIES AND ERECJ
STOP SIGNS.
(a) Whenever the provisions of this Code designate and describe any street, or
portion thereof, as athrough street, or whenever the provisions of this
Code or resolution of the City Council describe any intersection at which
vehicles are required to stop at one or more entrances thereto, the City
Traffic Engineer shall erect and maintain stop signs and pavement
markings 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. Signing and pavement markings shall conform to
the requirements of the CAMUTCD and the City.
(b) Whenever a traffic study considering traffic volumes, traffic characteristics,
accident history, pedestrian volumes, street and area conditions and
characteristics and engineering judgment is conducted by the City Traffic
Engineer at an intersection and the findings of the traffic study, when
applied to the criteria set forth in the CAMUCTD or criteria established by
the City is met, the City Traffic Engineer may consider the installation of
stop control on one or more of the traffic approaches to the study
intersection.
(a) Those streets and parts of streets designated by resolution of the City
Council as such shall be through streets.
(b) The provisions of this part shall also apply at one or more entrances to the
intersections as such entrances and intersections are described by
resolution of the City Council.
(c) When stop signs are so erected at the entrance to any intersection, every
driver of a vehicle shall stop as required by the California Vehicle Code.
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Whenever a traffic study considering traffic volumes, traffic characteristics,
accident history, pedestrian volumes, approach speeds, street and area
conditions and characteristics and engineering judgment is conducted at an
intersection by the City Traffic Engineer and the findings of the traffic study, when
applied to the criteria set forth in the CAMUTCD or criteria established by the City
is met, the City Traffic Engineer may consider the installation of yield control
signs.
The driver of a vehicle emerging form an alley, driveway or building shall stop
such vehicle immediately prior to driving onto a sidewalk or parkway when no
paved sidewalk exists or, into the sidewalk area extending across an alleyway,
No driver of a vehicle, except an emergency vehicle, shall drive between vehicles
comprising a funeral procession while they are in motion and when the vehicles
in such processions are conspicuously so designated.
The driver of a vehicle shall not drive within any parkway except at a permanent
or temporary driveway or in performance of work being performed by or
authorized by the City.
SECTION 3160. NEW PAVEMENT AND PAVEMENT MARKINGS — CROSSING
PROHIBITED.
No person shall walk, ride or drive any animal or vehicle over or across any
newly -made pavements, sidewalks or freshly painted pavement markings on any
street when a barrier or sign is in place warning persons not to drive over or
across such pavement, sidewalk or pavement markings or when a sign is in
place stating that the street, sidewalk or any portion thereof, is closed.
No person shall drive onto or from any limited access except at such entrances
and exits as are established by public authority. Limited access in this Section
shall mean any street or property for which the City has vehicular access rights.
No person while operating any automobile, motorcycle, or any other motor driven
vehicle within the City shall engage in any speed contest, or game of "follow the
leader", "hare and hound", or any other similar game or contest on any public
street.
(a) No person shall ride a bicycle upon a sidewalk within the Central Business
District as defined in Section 3108 of this chapter. Nor shall any person
ride upon any other sidewalk within the City which has been posted with
signs prohibiting such riding. When a bicyclist is riding on the sidewalk in
other than the aforementioned areas, the rider shall yield the right-of-way to
all pedestrians, obey the rules of the road and all traffic control devices and
shall ride at a speed that is safe for the existing conditions.
(b) No person shall ride a bicycle to cross a roadway within a marked or
unmarked crosswalk.
(c) No person shall ride a bicycle upon any pedestrian bridge which has been
posted with signs prohibiting such riding.
(d) No person shall park a bicycle at any location which has been posted with
signs prohibiting such parking.
(e) No person shall ride a motorized bicycle upon any public sidewalk within
the City at any time.
RESTRICTED.SECTION 3164. USE OF SKATEBOARDS, COASTERS, ROLLER SKATES, ANI
SIMILAR DEVICES
(a) No person mounted upon roller skates or riding in, on, or by means of any
skateboard, coaster, toy vehicle, or similar device shall go upon any roadway
or upon the sidewalk in any business district.
(b) No person shall ride a motorized scooter, skateboard or personalized mobility
device other than for transportation purposes of disabled persons upon any
public sidewalk within the city at any time.
No person shall hold or be a participant in any parade, procession, or any other
assemblage or demonstration upon any public street unless a permit therefore
has been granted by the City Council. Such permits may be granted by the City
Council upon written applications filed with the City Manager in such form as
prescribed. A traffic control or detour plan approved by the City Traffic Engineer
shall be a condition of approval.
No peddler or itinerant merchant will be permitted to sell or offer for sale on any
public property or right-of-way any goods, wares, or merchandise at parades in
the formation areas, on the parade routes, or in the disbanding areas, except
those peddlers or persons who have been previously approved by the City.
Maps and/or descriptions defining the parade areas as submitted by the
applicant shall be filed for reference in the City Clerk and License Departments
regarding the restricted areas for such sales.
• 1 li i •
SECTIONUFTITFIEZ
• ESTABLISH OR REMOVE MARKED
CROSSWALKS.
(a) The City Traffic Engineer may, in conformance with the traffic study
requirements set forth in the CAMUTCD and the California Vehicle Code,
designate, establish and maintain marked crosswalks at intersections and
other places; additionally:
1. Configuration, signing and pavement markings for marked crosswalks
shall conform to the requirements of the CAMUTCD and the California
Vehicle Code.
2. Other than marked pedestrian crosswalks at intersections, no other
marked crosswalk shall be established in any block which is less than
400 feet in length. Elsewhere, not more than one additional marked
crosswalk shall be established in any one block, such marked crosswalk
shall be located at or near mid -block.
3. The City Traffic Engineer shall establish a no parking or standing zone of
not less than 20 feet on each traffic approach of the marked crosswalk.
However, the length of the no parking or standing zone shall be
increased in length at the rate of one foot per each mile per hour
increase in the posted speed limit or required to address adverse
street characteristics or geometrics.
4. School crosswalks shall be installed in conformance with the
requirements and standards of the CAMUTCD and the California Vehicle
Code.
5. The City Traffic Engineer may enhance the visibility of a marked
crosswalk with the installation of electronic signing, amber flashing
warning beacons, raised reflective pavement markers, increased safety
lighting, or other CAMUTCD-approved devices. A pedestrian signal may
be considered if the location of the marked crosswalk meets the warrant
criteria defined in the CAMUTCD.
(b) The City Traffic Engineer may recommend the removal of a marked
crosswalk based on a traffic study finding that the marked crosswalk is no
longer needed. The traffic study, process and removal of the marked
crosswalk shall conform to the requirements of the California Vehicle Code
Section 21950.5.
No person shall stand in any roadway other than in a crosswalk if such action
interferes with the lawful movement of traffic. No person shall sit or lie in any
roadway. The provisions of this section shall not apply to any police or public
ORDINANCE •
PAGE 16
officer or contractor or employee of a public utility when necessarily upon a"street
in the line of duty.
ROADWAYS.SECTION 3169. SELLING OR SOLICITING DONATIONS, CONTRIBUTIONS OR
SERVICES IN
(a) No pedestrian shall sell, distribute or give away any newspaper or other
printed matter from a position or place in or upon any public roadway,
except when authorized by a permit as authorized by this code.
(b) No pedestrian shall solicit donations, contributions or services from a
position or place in or upon any public roadway, except when authorized by
a permit as authorized by this code.
(a) No pedestrian shall cross or attempt to cross a roadway on which there is a
raised divisional island with a fence or other barrier paralleling the roadway.
(b) It shall be unlawful for any pedestrian to cross any public street at anytime
and/or place where a "No Pedestrian Crossing Zone" has been established
by the City Traffic Engineer.
Each such zone shall be delineated by signs placed at each end of the
designated zone of not less than twelve (12") inches by eighteen (18")
inches, containing the words "No Pedestrian Crossing" and the international
symbol for no pedestrian crossing prominently displayed thereon, posted at
each end of the designated zone, with an arrow pointing to the opposite
end of the zone. If the designated zone is more than two hundred (200')
feet from end to end, then additional signs, showing arrows pointing in both
directions, shall be placed between the two border signs at intervals of not
less than one hundred (100') feet and not more than two hundred (200')
feet or such alternative signage shall be posted as shall be approved by the
City Traffic Engineer based upon the particular characteristics of the
designated area. Except as specified in this section, the size, shape,
height, color, and design of the signs or the letters and arrows appearing on
the signs and the content of the wording of each sign shall be as
determined by the City Traffic Engineer.
Each sign Shall Contain reference to this section.
(c) 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.
(d) No pedestrian shall cross a roadway other than in a cross walk in
business district.
(a) The provisions of this chapter prohibiting the stopping, standing, or parking
of avehicle shall apply at all times, oratthose times specified by signing,
curb, and/or street markings or other forms of notification, except when it is
necessary for the driver of a vehicle to stop said vehicle to avoid conflict
with other traffic or in compliance with the direction of a police officer,
firefighter or other public service employee authorized to direct traffic or for
an official traffic control device.
(b) The provisions of this chapter prohibiting the stopping, standing, or parking
of a vehicle shall apply upon the installation of signing, curb, and/or street
markings or other form of notification specifying and defining the prohibition
or restriction.
(c) The provisions of this chapter imposing a time limit on standing or parking
shall not relieve any person of the duty to observe other and more
restrictive provisions of the California Vehicle Code prohibiting or limiting
the standing or parking of vehicles in specified places or at specified times;
(a) No person shall stop, stand or park a vehicle within any parkway.;
(b) The driver of a vehicle shall not drive within any parkway except at a
permanent or temporary driveway or in performance of work being
performed by or authorized by the City.
• '1=4 [Ofji o;
(a) No person shall park or leave standing upon any public street or on public
or private property, any commercial vehicle having a manufacturer's
unladen weight in excess of six thousand (6,000) pounds or having a width
in excess of eighty-four (84) inches as measured at the widest portion of
the body, not including mirrors or other extensions, or having a height in
excess of eighty-four (84) inches, or any trailer, or commercial equipment,
irrespective of weight, upon any public street or on public or private
property in the City, except:
1._ When such vehicle is parked in an industrial zone, excluding parking
buffer zones;
2.- When such vehicle, trailer and/or commercial equipment is parked while
being loaded or unloaded or in connection with, and in the aid of the
performance of, a service to or on a property in the block in which such
vehicle, trailer and/or commercial equipment is parked until such service
is completed; or
3. When the vehicle, trailer or commercial equipment is immobile due to
accident or mechanical breakdown, in which event said vehicle, trailer
and/or commercial equipment may be parked for a period of time not to
exceed eight (8) hours.
4. When such trailer is attached to a motor vehicle capable of providing
the motive power for moving the trailer upon the street, alley, public way
or place.
(b) Excluded from the provisions of this section shall be pick-up trucks as
defined by California Vehicle Code Section 471 which are not used for
commercial purposes or defined as a commercial vehicle pursuant to
California Vehicle Code Section 260, and commercial vehicles, trailers
and/or commercial equipment parked or stored on private, commercially
zoned property, and owned or operated by the same commercial use.
(c) Excluded from the provisions of this section shall be commercial vehicles,
trailers and/or commercial equipment operated and parked by a registered
transient guest of a motel or hotel if such commercial vehicle, trailer and/or
commercial equipment is parked within approved designated vehicle
parking areas upon the business premises of the motel or hotel. Vehicle
parking areas for motels and hotels that first commence operation or
change ownership on or after the effective date of the ordinance codified in
this section shall be approved by the Planning Commission pursuant to the
provisions of Section 9824 of the Downey Municipal Code (Conditional Use
Permit).
(d) Whenever a vehicle, trailer or commercial equipment is parked, stored or
left standing in violation of this section, such vehicle or commercial
equipment may be removed and stored.
(e) Whenever the City Manager or designee shall determine that the parking or
standing of vehicles on City property should be limited or prohibited in order
to facilitate the orderly conduct of the City's business, the City Manager or
designee shall direct the City Traffic Engineer to post signs indicating that
the parking of vehicles is thus prohibited or limited and no person shall park=
contrary to nor in violation of the directions or provisions of such signs.
(f) No person shall park any vehicle in any private driveway or upon any
private property without the direct or implied consent of the owner or person
in lawful possession of such private driveway or private property.
(g) No person having the charge or control of a motor vehicle shall allow such
vehicle to stand upon any street, alley, or parking lot upon which there is no
attendant when such motor vehicle is unattended without first locking the
ignition of such vehicle and removing the ignition key from such vehicle.
(h) If parked or stored upon a public street or roadway, the vehicle and/or
commercial equipment shall be parked or stored in compliance with all
motor vehicle parking rules and regulations.
(i) The City Manager or designee may determine that the parking or standing
of vehicles described in this section on private or public property may be
authorized in order to facilitate the orderly conduct of business. In no event,
without prior City Council approval, shall time exceed ninety (90) minutes
per vehicle in any twenty-four (24) hour period of time. The City Manager or
designee will confirm any parking authorization in writing and may set any
reasonable parameters within the ninety (90) minute frame of time.
U) Excluded from the provisions of this section shall be the following defined
street segments:
REM
1 Washburn Road— Both sides of Washburn Road between Woodruff
Avenue and Regentview Avenue.
INTERSECTIONS.SECTION 3174. PARKING OF VEHICLES PROHIBITED - OVER HEIGHT VEHICLE
AT
No person who owns or has possession, custody, or control of any vehicle which
is six feet (6) or more in height (including any load thereon) shall park or leave
standing any such vehicle on a street or highway within one hundred feet (100')
of any intersection, at any location at which such prohibition is indicated by
appropriate signs giving notice thereof. Vehicles found in violation of this section
may be cited, or removed, or both in accordance with the provisions of the
California Vehicle Code Section 22507(a).
(a) No person who owns or has possession, custody, or control of any vehicle
shall parkorleave standing such a vehicle upon any street or alley for a
period in excess of seventy-two (72) consecutive hours. Upon written
notice of a violation of this Section, the vehicle must be driven at least one
mile as evidenced by the vehicles' odometer, or the vehicle must be
removed from the street or alley. In the event a vehicle is not moved as
required or removed upon written notice of a violation or in the event a
vehicle is parked or left standing upon a street in excess of a consecutive
period of seventy-two (72) hours, any member of the Police Department
authorized by the Chief of Police may remove the vehicle from the street or
alley in the manner and subject to the requirements of California Vehicle
Code Section 22650, et. seq.
(b) No person who owns or has possession, custody, or control of any
dismantled, wrecked, or inoperative vehicle shall park or leave standing
such vehicle upon any street or alley for a period in excess of seventy-two
(72) hours. If such a vehicle is not removed from the street or alley within
the consecutive period of seventy-two (72) hours, any member of the Police
Department authorized by the Chief of Police may remove the vehicle from
the street or alley in the manner and subject to the requirements of
California Vehicle Code commencing with Section 22650, et. seq.
SECTION 3176. PARKING OF VEHICLES PROHIBITED - FOR CERTAIN
►`O
No person shall perform maintenance or repairs of any vehicle or vessel while
such vehicle or vessel is parked upon a roadway.
(a) As used in this Section, "maintenance" shall include washing,
greasing, changing of oil, or any other action which could result in
hazardous materials or other liquids being discharged onto the
roadway or the storm drain.
(b) As used in this Section, neither "maintenance" nor "repairs" shall
include the fixing or changing of a flat tire.
(a) The City Traffic Engineer is authorized to prohibit parking on certain City
streets when the width of the City street does not exceed twenty-seven (27)
feet and upon one side of a two-way City street when the width of the City
street is in excess of twenty-seven (27) feet but does not exceed thirty-two
(32) feet.
(b) The regulation will become effective when signs conforming to the
requirements and standards of the CA MUTCD and City have been
installed.
SECTION 3178. PARKING OF VEHICLES PROHIBITED — COMMERCIAL USES I
PUBLIC PARKING LOTS OR STRUCTURES.
No person shall park a vehicle upon any public parking lot for the purpose of:
(a) Displaying such vehicle for sale.
(b) Advertising purposes.
(c) Soliciting business or the use of such vehicle for any purpose.
(d) Washing, greasing or repairing such vehicle, expect repairs necessitated by
an emergency but in no event to exceed two hours.
SECTION PARKING OF VEHICLES PROHIBITED ARTERiA
•
The City Traffic Engineer is authorized to establishareas of no parking,
designated by signage or curb markings, hereafter designated as Intersection
Vision Zones on Arterial/Local Street intersections. The length of the Intersection
Vision Zone shall be determined by the City Traffic Engineer based on street
conditions and traffic characteristics.
The City Traffic Engineer is authorized to establish areas of no parking at:
(a) Any place within twenty-five feet (25') of an intersection in any business
district except that a bus may stop at a designated bus stop.
(b) Within twenty-five feet (25') of the approach to any traffic signal, boulevard
stop sign, or official electric flashing device.
(c) Adjacent to any school property where such parking would interfere with
traffic or create a hazardous situation.
(d) Any place where the City Traffic Engineer determines that it is necessary in
order to eliminate unusual traffic hazards or enhance traffic flow.
• i ;r •
SECTIONOF • r FOR
PURPOSES.
(a) Parking Prohibited for Street Sweeping Purposes.
When signs are in place giving notice that parking is prohibited on a
designated day at a designated time for street sweeping purposes, no
person shall stop, stand, or park a vehicle on any street in the City for the
specific day and specific time indicated on the regulatory signs.
1. The City Traffic Engineer is hereby authorized to erect signs City-wide
indicating no parking upon any street during a designated day and time
to facilitate street sweeping.
2. When signs are in place giving notice thereof, no person shall stop,
stand, or parka vehicle on any street during the times set forth on such
signs.
3. A disabled vehicle may be declared exempt from the parking restriction
for a period not to exceed one street sweeping cycle subject to a note
being placed on the windshield of the disabled vehicle by the person
responsible for the vehicle briefly stating why the vehicle cannot be
moved.
(b) Parking Prohibited for Street Sweeping Purposes — Exemptions;;
Permits exempting vehicles from the posted on -street parking
restrictions for street sweeping purposes may be obtained by residents
at the annual cost specified in the City's Fee Resolution. The owners or
occupants of a single family residential household may obtain a
maximum of two (2) permits. The owners or occupants of multi -family
households such as apartments, condominiums or duplexes may obtain
one (1) permit per dwelling unit. The permits shall be affixed to the rear
bumper of the owners' or occupants' vehicles.
2. Permits may be obtained by construction contractors exempting their
vehicles from the posted on -street street sweeping parking restrictions
while construction work is in progress on a project -by -project basis may
be obtained at the cost as specified in the City's fee resolution. The
permits shall remain visible at all times by being placed in the
contractor's vehicle on the dashboard while the vehicle is parked on the
street.
3. The street sweeping parking prohibition exemption is not applicable for
any other parking prohibition or restriction that may be in-place on the
subject street block.
Upon the erection of signs giving notice of the parking restriction, no person shall
stop, stand or park a vehicle on any street in the City for a period of time longer
than thirty (30) minutes between the hours of 2:00 a.m. and 6:OO a.m. of any day.
(a) Public Right of Way
The City may establish no parking zones from which vehicles may be
removed by towing or other lawful means. The zones so established shall
be posted with signs warning that vehicles parked in such zone will be
subject to towing or removal. Each no parking zone shall be deemed
effective when the area described is posted with such signs. After such
posting, it shall be unlawful for any person to park or leave standing any
vehicle in the posted zone and the vehicle may be removed under the
direction of any police officer or authorized traffic enforcement officer.
(b) Private Property
The authority and the requirements which must be satisfied by the owner or
person in lawful position of private property before causing removal of a
vehicle from that property are set forth in California Vehicle Code Section
22658. These requirements are precise and should be adhered to carefully.
Failure to adhere to these requirements may result in liability for the owner
or person in lawful possession of the private property.
The minimum requirements for warning signs to be placed on Private
Property are:
1. The outside dimensions of each sign shall be no less than 18 inches by
24 inches.
2. Each sign shall state clearly "NO PARKING —TOW AWAY "and
UNAUTHORIZED VEHICLES WILL BE TOWED AWAY AT VEHICLE
OWNER'S EXPENSE".
3. Each sign shall display clearly the telephone number of the Downey
Police Department. The Downey Police Department may be
abbreviated as "D.P.D.
4. Each sign shall display clearly the legal authority for the removal of the
vehicle from private property, which isCaliforniaVehicle Code Section
22658 and Downey Municipal Code Section 3183 (b). The California
Vehicle Code Section may be abbreviated as "C.V.0Sec. _22658" and
the Downey Municipal Code Section as °D.M.C. 3183 (b).
5. Signs shall be posted conspicuously at each entrance and exit of the
property or posted within the property at not more than 150 feet apart.
1 -
E
(a) The owner or person responsible for any vehicle impounded by a tow
company from private property in the City of Downey under the provisions
of the California Vehicle Code shall pay, in accordance with the provisions
of this chapter, a fee in the amount of $500, or such other amount as the
City Council may establish from time to time by resolution for the
processing and recordation of notices of the impound of such person's
vehicle. Such fee shall be connected by the tow company impounding the
vehicle at the time of collection of its own towing and/or impound fees and
shall be paid to the City each month within ten (10) days after the close of
the calendar month for which payment is due. Each towing company shall
provide to the City, on a monthly basis concurrently with its monthly
payment, a summary report of all such impounds and fees collected in such
form and/or detail as the Chief of Police may specify from time to time, and
shall make available to the City upon request any and all records of the
information necessary to verify such report upon the request of the City.
(b) Any person violating any provisions of this section shall be guilty of a
misdemeanor and shall be punishable therefore by a fine of not more than
$500, or by imprisonment in the county jail for not more than six months or
by both such fine and imprisonment.
SECTION 3185. SIGNS OR MARKINGS DESIGNATING ON - STREET PARKING
(a) The City Traffic Engineer may establish, designate, and maintain parking
spaces on any public street for parallel parking when the City Traffic
Engineer determines that the uncontrolled parking of vehicles at such
location reduces the parking capacity or causes traffic congestion by
motorists attempting to park. Such parking spaces shall be delineated by
white "T"' markings placed upon the surface of the public street or portion
thereof. When markings are in-place designating spaces for parking, no
person shall park a vehicle except entirely within such parking space
markings.
Whenever parallel parking places are marked, a vehicle or combination of
connected vehicles exceeding the dimensions of such space may also
occupy one or more adjoining spaces provided all other provisions of this
chapter are observed.
(b) Whenever the provisions of this Code designate and describe any street, or
portion thereof, upon which angle parking shall be permitted, the City Traffic
Engineer shall mark such street indicating the angle at which vehicles shall
be parked. When markings are in-place designating the angle for parking,
no person shall park a vehicle except entirely between the lines indicating
angle parking.
For the purposes of Section 3186, angle parking is permitted at the following
locations. No operator shall stand or park any vehicle in an angle parking space
Unless the right front wheel of said vehicle is against the curb, -and _the vehicle is
ORDINANCE NO.
PAGE 24
headed toward the curb in the direction of traffic at an angle as indicated by paint
stripes on the pavement.
(a) Downey Avenue. West side, between Second Street and Firestone
Boulevard.
(b) Columbia Way. Eastside, between James Street and Lakewood Boulevard;
SECTION•- LOADING OR UNLOADING
ANGLE TO THE CURB.
The Director of Public Works or designee is hereby authorized to issue special
permits to allow the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and conditions of such
permit. Such permits may be issued either to the owner or lessee of real
property or to the owner of the vehicle and shall grant to such person the
privilege as therein stated and authorized therein, and it shall be unlawful for any
permittee or other person to violate any of the special terms or conditions of any
such permit. Loading or unloading at an angle to the curb will not be permitted
on arterial streets on Mondays through Saturdays from 7:00 — 9:00 a.m. and 4:00
— 6:00 p.m.
No person shall park or leave standing any vehicle unattended on a public street
within any business or residence district when the street grade exceeds three
percent (3%) without blocking the wheels of such vehicle by turning them against
the curb or by other means.
(a) Except as otherwise provided in this section, no person shall stand or park
any vehicle, trailer, wagon or pushcart from which goods, wares,
merchandise, fruits, vegetables, ice cream or foodstuffs are sold, displayed,
solicited or offered for sale or bartered or exchanged, on any portion of any
street or within one thousand feet (1,000') of a school or three hundred feet
(300') of any park; provided, however, that on any portion of any street in
excess of three hundred feet (300') of a school or in excess of three
hundred feet (300') of any park between the hours of 9 a.m. and one-half
hour before sunset such vehicles, trailers, wagons, or pushcarts may stand
or park in a legal manner at the request of a person for a period of time not
to exceed ten (10) minutes at any one place. Any such permitted sales
shall only be conducted with the vending vehicle parked at curbside and all
customers must remain out of the street. The provisions of this subsection
shall not apply to persons delivering such articles upon the order of, or by
agreement with a customer from a store or other fixed place of business or
distribution, nor shall this subsection apply to licensed catering vehicles
using public streets to travel to and from properties to provide authorized
catering services.
(b) No person shall park or stand on any public street, any lunch wagon, eating
cart, or vehicle or pushcart from which tamales, peanuts, popcorn, candy,
or other articles of food are sold or offered for sale without first obtaining an
0-r . 0
WfAell
encroachment permit to do so from the Department of Public Works or
designee which shall designate the specific location in which such cart shall
stand.
(c) No person shall park or stand any vehicle or wagon used or intended to be
used in the transportation of property for hire on any street while awaiting
patronage for such vehicle, trailer or wagon without first obtaining a written
permit, permit to do so from the Department of Public Works or designee
which shall designate the specific location where such vehicle may stand.
(d) Whenever any permit is granted pursuant to the provisions of this section
and a particular location to park or stand is specified therein, no person
shall park or stand any vehicle, trailer or wagon or pushcart on any location
other than as designated in such permit. In the event the holder of any
such permit is convicted in any court of competent jurisdiction for violation
any of the provisions of this section, such permit shall be forthwith revoked
by the Director of Public Works or designee upon the filing of the record of
such conviction with the Director of Public Works or designee, and no
permit shall thereafter be issued to such person until six (6) months have
elapsed from the date of such revocation.
SECTION 3190. EMERGENCY PARKING RESTRICTIONSIMPLEMENTED BY CITY
TRAFFIC ENGINEER.
Whenever the City TrafficEngineer shall determine that any emergency traffic
congestion is likely to result from the holding of public or private assemblages,
gatherings, or functions or for other reasons, the City Traffic Engineer shall have
the 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 City 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 City Traffic Engineer shall cause such
signs to be removed promptly thereafter.
(a) No person shall leave any vehicle transporting a'flammable liquid,
hazardous material or substance, as identified' in Title 49 of the Code of
Federal Regulations, unattended on any public street, shoulder, alley,
public way, public place or private property in the City of Downey except
that this shall not prevent:
1. The necessary absence of the operator in connection with loading or
unloading the vehicle;
2. The parking of the vehicle inside a bulk plant, chemical plant or
processing plant and 25 feet from any property line or within a building
approved for such use;
3. The parking of the vehicle at other privateproperty locations not less
than 100 feet from any building except those approved for the storage
or servicing of such vehicles;
4. The operator, in case of breakdown or emergency, from leaving the
vehicle to take necessary action to correct the emergency. The
operator shall notify the Police or Fire Department of the emergency
and intention to leave the vehicle.
(b) Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel
delivery vehicles and vehicles delivering life support and health
commodities, while servicing residential areas or schools, are exempt from
the provisions of subsection (a) of this section. Additionally, such exempt
vehicles need not be attended while the operators are performing duties
that are evident and necessary as the operator of the vehicles or the
provider of the service.
(c) For the purpose of this section;
1. A motor vehicle is attended when the person in charge of the vehicle is
an operator as defined herein and is in the vehicle, awake, and not in a
sleeper berth;
2. An operator, as defined herein, is a person who:
(aa) Has been designated by the carrier to attend the vehicle;
(bb) Is aware of the nature of the hazardous material or substance
contained in the vehicle attended by the operator;
(cc) Has been instructed on the procedures the operator must follow in,
emergencies concerning hazardous materials or substances;
(dd) is authorized to move the vehicle and has the means and ability to
do so.
(d) The rules of this section do not relieve an operator from any obligation
imposed by federal, state and local laws relating to the transportation of
hazardous materials or explosives, motor carrier safety regulations or the
placement of warning signs or devices when a motor vehicle is stopped on
a public street.
(e) Any vehicle transporting a flammable liquid, hazardous material or
substance identified in Title 49 of the Code of Federal Regulations, is
subject to impound by the Police Department if found in violation of this
section.
11
•.' •' i •" i i •
(a) The City Traffic Engineer is hereby authorized to establish passenger and
freight loading zones as follows:
1 At any place in any business district.
2. In front of the entrance to any place of business or in front of any hall or
place used for the purposes of public assembly.
(b) Except as may be permitted by the City TrafficEngineer, no more than sixty
(60) feet of the total length of any block may be reserved for loading zone
purposes.
(c) Passenger loading zones shall be indicated by painting the face and top of
the length of curb to be designated as a passenger loading zone white with
"PASSENGER LOADING ONLY" stenciled upon the top of the respective
curb. The City Traffic Engineer shall determine if supplemental signing is
required and the location of the sign(s) to be installed if any.
(d) Freight loading zones shall be indicated by painting the face and top of the
length of curb to be designated as a freight loading zone yellow with
"FREIGHT LOADING ONLY" stenciled upon the top of the respective curb._
The City Traffic Engineer shall determine if supplemental signing is required
and the location of the sign(s) to be installed, if any.
SECTION 3193.It SIGNS TO INDICATE NO STOPPING
PARKING REGUILATIOVS.
(a) The City Traffic Engineer is hereby authorized, subject to the provisions
and limitations of this chapter, to place, and when required herein, shall
place the following curb markings and signs to indicate parking or standing
regulation and such curb markings shall have the following meanings:
1. Red shall mean no stopping, standing, or parking at any time, except as
permitted by the California Vehicle Code except that a bus may stop in
a red zone marked or signed as a bus zone for the purpose of loading
or unloading passengers.
2. Yellow shall mean no stopping, standing, or parking at any time
between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and
holidays, for any purpose other than the purpose of loading or unloading
of passengers or materials provided, however, the loading or unloading
of passengers shall not consume more than three (3) minutes nor the
loading or unloading of materials more than twenty (20) minutes.
3.- White shall mean no stopping, standing, or parking for any purpose
other than the loading or unloading of passengers, which shall not
exceed three (3) minutes, and such restrictions shall apply between
7:00 a.m. and 6:00 p.m. of any day, except Sundays and holidays, and
except as follows:__
(aa) When such zone is in front of a church, hotel, or park, the
restrictions shall apply at all times; and,
(bb) When such zone is in front of a theater, the restrictions shall apply
at all times except when such theater is closed.
4. Green shall designate time-limited parking zones and shall mean no
standing or parking for longer than a maximum time ranging from 10 to
30 minutes, as determined by the City Traffic Engineer, at any time
between 7:00 a.m. and 6:00 p.m. of any day, except Sundays and
holidays. Time limited parking zones shall be indicated by painting the
face and top of the length of the curb to be designated as a time-limited
parking zone green with the maximum permitted duration for which
parking is allowed stenciled upon the top of the respective curb in white
letters. The City Traffic Engineer shall determine if supplemental
signage is required and the location of the sign(s) to be installed, if any.
5. Blue shall designate disabled parking zones and shall mean no
stopping, standing, or parking for any purpose other than for the
exclusive use of physically challenged persons whose vehicles display
a distinguishing license plate or an officially -issued placard, as issued to
disabled persons pursuant to Section 22511.5 of the California Vehicle
Code or to disabled veterans as specified in Section 2015 of the
California Vehicle Code, suspended from the vehicles rear view mirror.
Disabled parking zones shall be indicated by painting the face and top
of the length of the curb to be designated as a disabled parking zone
blue with "DISABLED PARKING ONLY" stenciled upon the top of the
respective curb in white letters and supplemented with signage
designating the disabled parking zone as such in accordance with
CAMUTCD and City requirements,.
(b) When the City Traffic Engineer, as authorized under this chapter, has
caused curb markings to be placed, no person shall stop, stand, or park a
vehicle adjacent to any such legible curb marking in violation of any of the
provisions of this part except that the specified time limits shall not apply to
any police, fire or City vehicle parked in performance of their respective
duty.
SECTION•NS — LOADING AND UNLOADING OF ,
AND PASSENGERS.
(a) Restrictions:
1. Permission herein granted to stop or stand a vehicle for the purposes of
loading or unloading of materials shall apply only to commercial
vehicles and shall not extend beyond the time necessary therefore, and
in no event for more than twenty (20) minutes.
2. The loading or unloading of materials shall apply only to commercial
deliveries and to the delivery or pickup of express and parcel post
packages and United States mail.
3. Permission herein granted to stop or park for the purposes of loading
and unloading passengersshallinclude the loading or unloading of
personal baggage but shall not extend beyond the time necessary
therefore and in no event for more than three (3) minutes.
4. Within the total time limits specified in this section, the provisions of this
section shall be enforced so as to accommodate necessary and
reasonable loading or unloading, but without permitting the abuse of the
privileges hereby granted.
SECTION ' •NS —STOPPING, STANDINGOPARKING IN
R
No person shall stop, stand or park a vehicle in any alley for any purpose
other than the loading or unloading of persons or materials.
(b) The regulation will become effective when signs conforming to the
requirements and standards of the CA MUTCD and City have been
installed.
(a) The City Traffic Engineer is hereby authorized to establish bus zones for
the loading and unloading of buses or common carriers of passengers and
to determine the locations thereof subject to the directives and limitations
set forth in this section.
1. The word "bus", as used in this section, shall mean any motor bus,
motor coach, trackless trolley coach, or passenger stage used as a
common carrier of passengers.
2. No bus zone shall exceed eighty (80) feet in length except when
satisfactory evidence has been presented to the City Traffic Engineer
showing the necessity therefore. The City Traffic Engineer may extend
bus zones not to exceed a total length of 125 feet.
3. Bus zones shall normally be established on the far side of an
intersection.
4. The City Traffic Engineer shall designate a bus zone by painting the
face and top of the length of curb to be designated bus stop red with No
Standing Bus Zone stenciled in white letters on the top of the respective
curb. Signing, conforming to the requirements of the City Traffic
Engineer shall be placed at the far end of the bus zone.
5. No person, except those individuals indicated in the California Vehicle
Code, shall stop, stand or park any vehicle except a bus in a bus zone..
No person shall stop, stand or park any vehicle other than a taxicab on any
public street where the adjacent curbing is painted red and has stenciled thereon
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the words "Taxi Stand". The City Traffic Engineer may require additional signing
to better identify the taxicab stand.
Upon the installation of signs, pavement and/or curb markings, no person shall
stop, stand, or park any vehicle on a public street within a business district
between the hours of 7:00 a.m. and 6:00 p.m. of any day, except Saturday,
Sunday and holidays, for a period of time longer than two (2) hours.
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Upon the installation of signs, no person shall stop, stand, or park any vehicle on
any public street designated by resolution of the City Council for a period of time
longer than specified by the signage and/or curb markings on thedaysalso
specified by the signage and/or curb markings. The City Council shall, by
resolution, designate certain parking restrictions upon certain streets and shall, -
by resolution, order signs posted thereon giving notice of such restrictions. After
such signs have been posted, no person shall park any vehicle upon such streets
in violation of such restrictions.
Whenever any vehicle is parked "continuously on one (1) block in which maximum
parking times are posted, as provided in this part, for longer than the maximum
allowed parking time, such vehicle shall be deemed to be parked contrary to
such parking restriction and shall constitute a violation of this part.
"Block", for the purposes of this section, shall mean property facing each side of
any street between the next intersecting streets or between the terminus of a
dedicated right -of way of a street and an intersecting street. If a block, as
defined in this section, exceeds five hundred (500) lineal feet, then each five
hundred (500) feet of such a block shall constitute a block within the meaning of
this section.
•rIMITTIM4.747ENre
Vehicles displaying a valid veteran's special license plate issued pursuant to the
provisions of California Vehicle Code Section 5007(a)(2) (Disabled Veteran),
5101.3 (Pearl Harbor Survivor), 5101.4 (Medal of Honor and Distinguished
Service Cross Recipient), 5101.5 (former American Prisoner of War), 5101.6
(Congressional Medal of Honor Recipient), or 5101.8 (Purple Heart Recipient)
shall be exempt from the parking restrictions set forth in Section 3198 and 3199
of this Code. However, such vehicles shall be subject to any other applicable
parking restriction not expressly exempt by this section.
Whenever, in the opinion of the City Traffic Engineer, the parking of vehicles in
any area constitutes a traffic or safety hazard during certain times or hours, the
City Traffic Engineer, may designate the same as a hazard during such times or
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hours and order signs, pavement and/or curb markings to be installed in such
area or along the curbing adjacent thereto prohibiting parking in such area during
such times or hours, and parking thereafter in such area during such times or
hours shall be prohibited.
(a) No parking, standing or stopping shall be permitted in spaces on public or
private streets and property which have been designated by signs and
pavement markings for the exclusive use of physically challenged persons
whose vehicles display distinguishing license plate or an officially- issued
disabled placard suspended from the vehicle's rear view mirror pursuant to
Sections 22511.5-22511.11 of the California Vehicle Code or the disabled
veterans as specified in Section 9105 if the California Vehicle Code.
Signing, pavement markings and parking space configuration designating
disabled parking space shall conform to the specifications of the CA
MUTCD, the provisions of this chapter and/or the State Architect.
(b) The City Traffic Engineer may seek the concurrence of the Public Works
Committee for the installation of on -street disabled parking spaces in
residential districts if:
1. The applicant submits a written request to the City Traffic Engineer for
an on -street disabled parking space detailing the basis for the request
and a facsimile copy of their officially -issued disabled placard.
2. The City Traffic Engineer determines that there is no parking space on
the residential property that can accommodate the needs of the
disabled resident. Restrictions may be, but not limited to, physical
space, topography features, location of available parking, lack of
complementary improvements, obstructing landscaping or lack of a
clear, accessible path of travel between the on -street parking space and
the ingress to the residential structure.
3. The City Traffic Engineer determines that the disabled resident resides
in a parking -impacted area.
An on -street residential parking space would remain in effect only
during the course of the disabled individual's occupancy of the
residential property. Subsequent occupants, if not disabled, may
request the City Traffic Engineer to remove the disabled parking space.
In addition, the City Traffic Engineer may remove the on -street disabled
parking space if determined through investigation that the disabled
parking space is no longer necessary.
The Public Works Committee may require improvements, such as hard
surface walkway, in the parkway adjacent to the disabled parking
space. The cost of such improvements will be the responsibility of the
requesting party.
The on -street disabled parking spaces shall be designated by curb
markings in accordance with Section 3193(a) 5 of this Code and
- - legends meeting the requirements of CAMUTCD._The City Traffic
Engineer will determine the need for supplemental signing.
(c) The City Traffic Engineer may seek the concurrence of the Public Works
Committee for the installation of on -street disabled parking spaces in a
business district if:
1. The City Traffic Engineer determines that there is insufficient parking
available for disabled individuals at locations in the business district and
that this condition could be mitigated by installing on -street disabled
parking spaces.
The curb side disabled parking spaces in business district shall be
designated by curb markings in accordance with Section 3193(a)(5) of
this Code, with the pavement legends and signing meeting the
requirements of the CAMUTCD.
Notwithstanding the relative sections of this code, the City Council may suspend
any of the parking regulations or restrictions set forth in said sections upon
following conditions:
(a) A written application for the suspension of all or any such parking
regulations shall be filed with the City Clerk.
(b) The City Clerk shall refer such application to the Chief of Police and the
City Traffic Engineer.
(c) The Chief of Police and the City Traffic Engineer shall report to the City
Council relative to such application.
(d) 1f the City Council shall find that the requested suspension of all or any
such parking regulations or restrictions is in the public interest and is in
connectionwith a civic celebration, community event, or otherwise is for the
benefit of the citizens of the City, the City Council, by motion duly, entered
upon the City Council minutes, may authorize the Chief of Police to
suspend the enforcement of the provisions of any of said sections for such
periods of time and, upon such conditions as the City Council may deem
necessary, for the preservation of the public peace, health, safety, and
general welfare.
SECTION 3199.6. ESTABLISHMENT OF RESIDENTIAL PERMITTED.,.
DISTRICTS.
The City Council may designate, by resolution, certain residential streets or
portion thereof as residential preferential parking districts for the benefit of
residents adjacent to such residential streets, in which vehicles displaying a
permit may be exempt from parking prohibitions or restrictions otherwise posted,
marked, or noticed. Each residential preferential parking district shall be
established only upon finding that such a district is required to provide on -street
parking relief for inhabitants of residential neighborhoods which have become
impacted due to overflow parking from nearby uses which are unable to contain
their on-site parking demand. No resolution designating a residential preferential ---
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parking district shall be enforceable until signs giving adequate notice have been
placed.
(a) The permit parking exemption is subject to the following conditions:
1. A motor vehicle on which is properly displayed a residential parking
permit, as provided for herein shall be permitted to stand or be parked
in the designated parking district for which the permit has been issued
without being limited by time restrictions established for the street(s)
within that district. Any authorized motor vehicle which does not display
such permit shall be subject to citation.
2. Aresidential parking permit shall not guarantee or reserve to the holder
thereof an on -street parking space within the designated parking district.
3. This section shall not exempt the permit holder from other traffic
controls and regulations existing in the designated parking district,
including parking restrictions or prohibitions in effect Citywide for_
purposes such as street sweeping, roadwork, discouraging overnight
disturbances, or similar notices.
4 This section shall not allow the permit holder to stop, park, or leave
standing his or her vehicle for more than seventy-two (72) hours.
(b) Exemption of Certain Vehicles -Permit Display.
No person shall, without a properly displayed parking permit, park, stop,
or leave, standing any unauthorized motor vehicle in a residential
preferential permit parking district during the posted parking prohibition
or restriction in excess of the posted parking restriction or where parking
restrictions have been established for the street(s) within the district,
except for the following:
(aa) Otherwise lawfully parked repair, service, maintenance, refuse,
utility, fuel, delivery or city vehicles parked for reasonable amounts
of time while conducting business within the residential
preferential parking district;
(bb) Police, fire, or other law enforcement, public safety, or emergency
vehicles operated by or under the authority of a governmental
entity while engaged in the performance of official duties; or;
(cc) Otherwise lawfully parked motor vehicles used by disabled
persons meeting the requirements California Vehicle Code
Sections 22511.5 — 2211.11 or disabled veterans meeting the
requirements of California Vehicle Code Section 9105 and
displaying appropriate disabled license plates or placards.
2. The City Traffic Engineer is authorized to establish rules and regulations
concerning the issuance and display of parking permits in accordance
with Section 3199.6(d)(6) of this Code.
- (c) Designation of a Residential Permitted Parking District.
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1: An area shall be evaluated for the designation as a residential permit
parking district if the residents of the proposed parking district submit an
application with a petition that contains, at minimum, the following
elements:
(aa) A description and/or map showing the proposed district
(bb) A petition containing the signature, printed name, date of signing,
and address of owners of at least seventy-five- percent (75%) of
the dwelling units within the proposed district;
(cc) The name and telephone number of the applicant(s) who will be
the designated representative for the application; and;
(dd) The requested hours and days of the parking restriction or
prohibition.
2. The eligibility of a proposed residential parking permit district shall be
evaluated upon the basis of the following criteria:
(aa) The proposed permitted parking district is at least three quarters,
seventy- five percent (75%), single-family residential and includes
whole blocks. For purposes of this section, "whole block" shall be
defined as the entire portion of a street block from the intersection
to intersection. The proposed parking district shall also include
both sides of a street, unless the City Traffic Engineer determines
this to be impractical or undesirable;
(bb) Multi -family properties, if any, within 'the proposed district
boundaries consist of duplexes, triplexes of fourplexes only;
(cc) At least seventy-five percent (75%) of the on -street parking spaces -
within the proposed district boundaries are occupied during the
time of the requested parking prohibition of restriction;
(dd) A minimum of fifty percent (50%) of the vehicle parking spaces
within the proposed restricted or prohibited parking hours must be
registered to nonresidents of the proposed district. For purposes
of this section, "nonresident" shall be defined as an individual who
resides outside of the district boundaries;
(ee) Adetermination by the City Traffic Engineer that the size and
boundaries of the proposed district provides a self-contained area
and would not result in shifting the parking problem to an adjacent
area;
(ff) The street block in question is a designated residential street. For
purposes of this section, "residential street" shall be defined as
any street located within an area zoned as residential which does
not appear on the Circulation Plan contained within the Circulation
chapter of the City's adopted General Plan.
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(gg) No alternative solution is practical or reasonable;
(hh) Such other criteria as the City Traffic Engineer determines
necessary, including, but not limited to:
A. The extent to which vehicles owned by residents of the area
could be accommodated by off-street parking spaces, and,
B. The location and number of parking spaces available that
would be displaced in the proposed permit parking district:
3. After an application and petition meeting the eligibility requirements is
received by the City Traffic Engineer, the City Traffic Engineer shall
cause to be undertaken surveys or studies as necessary, and after
completion of all necessary surveys and studies, shall notify the
applicant whether the establishment of a residential permitted parking
district will be recommended to the Public Works Committee. If
approved by the Public Works Committee, the residential preferential
permitted parking district shall then be considered by the City Council
for establishment.
4. Upon recommendation of the City Traffic Engineer, the City Council
shall hold a public hearing for the purpose of determining whether a
proper basis exists for making findings outlined inSection3199.6 (c)(2)
of this Code. Notice of such public hearing shall be given at least ten
(10) days prior to the hearing by publication in a newspaper of general
circulation and by mailing to the property owners as shown on the last
equalized assessment roll, and to the occupants of each parcel in the
proposed district and within four hundred (400) feet of the proposed
district boundaries.
5. Once a resolution establishing a residential preferential parking district
is established, parking permits must be issued to at least fifty percent
(50%) of residents in the district before signs will be installed
-designating the preferential parking district. If the minimum number if
permits is not obtained within sixty (60) days, or the number of permit
holders drops below fifty percent (50%)following annual permit
renewals, the residential preferential parking district may be terminated
by resolution of the City Council at a public hearing noticed as
described above.
6. Upon receipt and verification of a petition signed by a majority (fifty
percent (50%) plus one (1)) of the property owners within an
established district, a residential preferential parking district may be
terminated by resolution of the City Council at a public hearing noticed
as described above. Such determination shall be based upon a finding
that the conditions set forth in the establishing resolution no longer exist
or have diminished to such extent as to make unnecessary the
continuation of the district.
(d) IssuanceofParking Permits,;
ORDINANCE NO.
1. The City Traffic Engineer shall issue residential parking permits for
residential preferential parking applicants who have completed an
application form supplied by the City. Applicants for such permits shall
present such proof of residency through a utility bill, vehicle registration, -
or proof of auto insurance. Not more than two (2) residential permits
may be issued for each single-family dwelling unit and not more than
one (1) residential permit may be issued for each multi -family dwelling
unit. The residential permit(s) will be issued to the owner or occupant for
single-family dwelling units and to the owner or his or her authorized
representative for the multi -family dwelling units. Applicants requesting
more than two (2) residential permits for single family dwelling units or
more than one (1) residential permit for multi -family dwelling units may
be granted one (1) additional permit, up to a maximum of three (3)
residential permits per single-family dwelling unit or a maximum of two
(2) residential permits per multi -family dwelling unit, upon successful
demonstration to the City Traffic Engineer that any of the following
conditions exist:
(aa) There is more than three (3) vehicles registered at the address of
such dwelling unit and that sufficient off-street parking is not
available to the applicants during the effective hours of the
preferential parking zone;
(bb) Unique physical condition, not created by the property owner,
limiting the resident's ability to park motor vehicles on-site.
(cc) All legally authorized (code permitted) parking areas are being`
used for parking purposes by current licensed and operable
vehicles.
2. The Finance Department shall collect a fee for each resident or vehicle
permit issued. The fee shall be established by resolution of the City
Council.
3. Permits issued pursuant to this section, with the exception of temporary
permits, shall remain effective through the end of the fiscal year so long
as the applicant continues to reside at the address set forth in the
application and continues to own the vehicle to which the permit is
attached, and so long as the district for which the permit was issued
remains in effect.
4. An owner or occupant residing within a preferential parking district may
apply for temporary parking permits once per month to exempt guests
or visitors from the posted parking prohibition or restriction. Residents
may apply for a maximum of ten (10) temporary permits at any given
time. The temporary parking permits are valid for up to one (1) day
maximum.
5. Permits shall be placed upon or inside a vehicle as specified in the
instructions accompanying the permit issued by the City Traffic
Engineer.
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6. Each person shall be subject in all conditions and restrictions set forth in
this section and of the residential preferentialparking district for which it
is issued. The issuance of such a permit shall not be construed to be a
permit for, or approval of, any violation of any provision of this Code or
any other laws or regulations.
7. Such fees as maybe required shall be set from "time to time by
resolution of the City Council and shall be subject to change annually
depending on actual costs incurred by the City for administering the
program, fabricating and posting the signs (including one set of spare
signs) and all other staff charges incurred as necessary to establish and
eventually remove (if necessary) the district.
8. The number of permits issued for a given district shall not exceed one
hundred fifty percent (150%) of the total number of available on -street
parking spaces within the given district.
9. Permits shall not be issued to the following types of vehicles:
(aa) Semi -tractor trucks;
(bb) Motor homes
(cc) Motorcycles;
(dd) Boat, travel and utility trailers;
(ee) Vehicles posted for sale;
(ff) Any commercial vehicle as defined in the California Vehicle Code.:
In addition to the conditions set forth in Section 3175 of this Code for the removal
of vehicles from public streets, any member of the Police Department authorized
by the Chief of Police may remove or caused to be removed any vehicle from a
street or alley when:
(a) Any vehicle left standing on a street or alley in such a position as to
obstruct the normal movement of traffic or in such a condition as to create a
hazard to other traffic upon the street or alley and an official notice as
authorized by the Police Department is placed on the vehicle in a
conspicuous location stating that the vehicle may be removed.
(b) Any vehicle is parked or left standing upon the street or alley, or portion
thereof, when the use of such street or alley or portion thereof, is necessary
for:
1. The cleaning, repair or construction of the street or alley, portion
thereof, or;
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2. The installation or maintenance of utilities; or;
3. Where such street or alley, or portion thereof, is authorized for a
purpose other than normal traffic flow, or;
4. Where the use of such "street or alley, or portion thereof, is necessary
for the movement of equipment, articles, or structures of unusual size
and the parking of such vehicle would prohibit or interfere with such use
or movement.
(c) Provided that an official notice authorized by the Police Department stating
that the vehicle may be removed is paced on the parked vehicle in a
conspicuous location 24 hours prior to the actual removal of the vehicle.
The City may establish truck routes on certain streets subject to the following
conditions:
(a) Motor Truck Defined;;
For the purpose of this chapter, a motor truck is a motor vehicle designed,
used or maintained primarily for the transportation of property and having
an unladen weight of six thousand pounds or more and nothing in this
Section shall apply to motor vehicles having unladen weight of less than six
thousand pounds.
(b) Restricted use of streets by trucks and other vehicles.
Upon the recommendation of the City Traffic Engineer and subject to the
requirements of California Vehicle Code Sections 35701-35714, the City
Council may, by ordinance, designate, establish and maintain fixed truck
routes within the City.
(c) Prohibited Routes.
Subject to the provisions, exceptions and limitations of the California
Vehicle Code Sections 35701-35714, no person shall operate any vehicle,
which has a unladen weight of six thousand pounds or more onanystreet
not designated as a Truck Route.
(d) Exemptions
The provisions of this Section shall not apply to passenger buses under the
jurisdiction of the Public Utilities Commission; or to any vehicle owned or
operated by the City, public utilities, or any contractor or material man,
while engaged in the repair, maintenance or construction of streets, street
improvements or street utilities within the City; or to any authorized
emergency vehicle, or to any commercial vehicle otherwise exempted
under California Vehicle Code Section 35714.
(e) Erection of Signs.
The City Traffic Engineer shall install and maintain signage on those streets
affected by this Section. The signage shall conform to the standards and
requirements of the CAMUTCD and the City.
(f) Loading and unloading.
As specified in California Vehicle Code Section 35703, nothing in this
Section shall be deemed to prohibit the operator of any motor truck
traversing any of the foregoing routes from leaving such routes for the
purpose of loading or unloading; or for truck terminal access provided such
deviation from the nearest truck route is reasonably necessary.
(g) Public utility service.
Nothing in this Section shall be deemed to apply to any vehicle which is
subject to the provisions of Sections 1031 through 1036, inclusive, of the
Public Utilities Code.
(h) Weigh-in.
Any Police Officer shall have the authority to require any person driving or
in control of any commercial vehicle not proceeding over a truck route to
proceed to any public or private scale available for the purpose of weighing
and determining whether the conditions of this Section have been met.
The City Council has established the following streets as fixed truck routes to be
effective when signing conforming to the requirements of Section 3199.8 (e) of
this Code has been installed:
1. Bellflower Boulevard from Lakewood Boulevard to the southerly City
limits;
2. Columbia Way from Lakewood Boulevard to Imperial Highway
3. Cleta Street from Lakewood Boulevard to Patton Road;
4. Firestone Boulevard from the easterly City limits to the westerly City
limits;
5. Florence Avenue;
6. Garfield Avenue;
7. Imperial Highway;
8. Lakewood Boulevard;
9. Old River School Road;
10. Patton Road from Firestone Boulevard to Cleta Street;
11. Paramount Boulevard;
12. Regentview Avenue;
13. Rosecrans Avenue;
14. Stewart and Gray Road from Lakewood Boulevard to Firestone
Boulevard;
15. Studebaker Road from Florence Avenue to Route 605/5 freeway ramp
intersection;
16. Telegraph Road;
17. Washburn Road from Regentview Avenue to Woodruff Avenue;
18. Woodruff Avenue from Firestone Boulevard to the southerly City limits;
19. Phlox Street between Paramount Boulevard and Downey Avenue and;
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20. Downey Avenue between Firestone Boulevard and Phlox Street.
SECTION •. MOVEMENTOF OVERWEIGHT AND OVERSIZED VEHICLES
AND EQUIPMENT.
It is Unlawful for anyperson, firm, association or corporation to move or operate
upon any street in the City of Downey any vehicle, combination of vehicles,
mobile equipment or load which weighs or measures in excess of the weight,
width, height or length permitted by Division 15 of the California Vehicle Code,
unless an application therefore has been filed with and a permit issued by the
Director of Public Works or designee.
(a) Application for Permit.
The application for a permit shall be upon forms to be supplied by the City
of Downey and shall set forth the following information:
The name and address of the applicant;
2. Description of vehicleandload to be operated or moved;
3. Streets over which permit to operate is requested;
4. Date, hour, duration and number of trips to be made;
5. Number and location of stops to be made within the City.
The City will accept applications made by, and issue permits directly to, an
applicant or permit service by any of the following processes:
1. In writing;
2.- By authorized facsimile process;
3. Through an authorized computer and modem connection.
(b) Import or Export of Earth Material.
Any person, firm, association or corporation moving more than five hundred
(500) cubic yardsofearth material shall comply with the following
requirements:
1. Haul routes shall be identified and approved by the City Traffic Engineer
when more than five hundred cubic yards (500 cu. yd) of earth material
per project is moved from or to the site of an earth grading operation in
a one day period on public streets not designated as truck routes within
the City; or, when more than twenty-five hundred cubic yards (2,500 cu.
yd) of earth material per project is moved from onto the site of an earth
grading operation over a period of time exceeding one day on public
streets not designated as truck routes within the City; or, when more
than five thousand cubic yards (5,000 cu. yd) of earth material per
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project is moved from or to the site of an earth gradingoperation of
public roadways not designated as truck routes within the City.
2. Trailers carrying loads of earth material shall, in a manner adequate to
prevent the earth material from blowing or bouncing out of or otherwise
leaving the truck and/or trailer while traveling or standing upon any
public street, either wet down the loads or cover the load of earth
material with a tarpaulin prior to entering upon any public street in the
City.
3. A street sweeper and/or water truck may be required on the job site to
mitigate effects of dirt, mud, dust and debris on the street.
4. Days and hours of haul will be reviewed and approved by the City
Traffic Engineer to mitigate area and peak hour traffic conflicts.
5. Provideevidenceof proper liability insurance coverage acceptable to
the City Finance Director naming the City as additionally insured.
6. A cash deposit by certified/cashier's check only will be required to
insure the streets in the haul route will be maintained in a clean and
orderly condition throughout the hauling operations, and to protect
against any damage to City infrastructure.
When in conformance with the provisions of this section, a Hauling Permit
shall be issued by the Director of Public Works or designee.
1. Hauls in excess of thirty thousand (30,000) cubic yards requiring the
use of public streets may require provision of the following additional
measures:
(aa) Periodic safety inspection of all haul trucks;
(bb) A hold harmless agreement between the City and the grading
contractor will be required for vehicles hauling earth material from
or to the project site;
(cc) Flagmen and/or automatic traffic lights may be necessary as
required by the City Traffic Engineer;
(dd) A cash bond may be required to insure against loss of pavement
life along primary haul routes.
When in conformance with the provisions of this section, a Hauling Permit shall
be issued by the Director of Public Works.
(c) Filing Fees.
A fee shall be paid by the applicant upon the filing of each application, fora
permit as follows:
1. A single trip permit (five working days and includes legal return);
2.-- An annual permit, valid for one year from date of issuance, and
permitting any number of trips within or into the City within said year;
Dia
provided, however, that separate applications shall be filed for each
vehicle that operates in the City containing the information required by
this chapter;
3. A rider to modify'a permit after its original issuance;
4. Fees for the aforementioned permits shall be in the amount set forth in
the City's Fee Schedule.
(d) Consideration of Application - Criteria for Issuance, Denial of Permit.
The Director of Public Works or designee shall, by written permit, authorize
the use of public streets within the City in accordance with the terms of the
application, if, in the judgment of the Director of Public Works and the Chief
of Police, said streets and appurtenant public and private property can
safely withstand such use. Such permit shall specify the period of time for
which it is to be effective; the route or routes to be traveled; the date, hour
and number of trips to be made; such stops as shall be made within the
City, and such other terms and conditions which the Director of Public
Works and the Chief of Police determine necessary for public convenience
and safety._ Every permit shall be carried in the vehicle or combination of
vehicles to which it refers and shall be presented for inspection by any
California Vehicle Safety Alliance officer, authorized agent of the Director of
Public Works, or any other officer or employee charged with the care or
protection of such streets upon request.
(e) Indemnification—Bonding — Insurance Requirement.
A written agreement approved as to form by the City Attorney, shall be filed
by the applicant providing that the City and all officers, employees, agents
and representatives thereof shall be indemnified and held harmless by the
applicant from any liability or responsibility for any accident, loss or damage
to persons or property happening or occurring as the proximate result of the
use of street(s) under the terms of the application and the permit granted in
response thereto, and that all said liabilities are hereby assumed by the
applicant. Such permit shall be granted upon such conditions and upon
depositing such bond and certificate of insurance at the discretion of the
Director of Public Works.
(f) Safety Inspection of Vehicles,
Every driver of a vehicle, combination of vehicles, mobile equipment or load
subject to this section shall stop and submit to an inspection of the size,
weight, equipment and safety of such vehicle, combination of vehicles,
mobile equipment or load at any location where any officer of the Downey
Police Department is conducting test and inspections of such vehicles,
combination of vehicles, mobile equipment or loads and when signs are
displayed requiring the stop.
(g) Violation Revocation,
Any person, firm,_ association or corporation moving or operating on any
public street in the City any vehicle, combination of vehicles, mobile
equipment or load contrary to any term of condition of a permit issued
N 0 1 8 1 0
Sam
under the authority of Section 3199.9 of this Code hereof shall be guilty of a
misdemeanor and upon conviction, such permit shall be revoked and
cancelled by the Director of Public Works.
SECTION 3199.10. SPEED LIMITS DESIGNATED.
(a) The City Council may, by ordinance, establish speed zones within the City
of Downey upon the basis of appropriate engineering and traffic surveys.
1. State Speed limit Decreased
The City Council may, by ordinance determine, upon the basis of an
engineering and traffic survey, that the maximum speed applicable
under state law is more than is reasonable or safe upon a street or
portions of a street, and, by ordinance, establish speed limits which
would facilitate the orderly movement of traffic, and it is declared that
the prima facie speed limit shall be as therein set forth on those streets
or parts of streets therein designated when signs are erected giving
notice thereof.
2. State Speed Limit Increased
The City Council may, by ordinance determine, upon the basis of an
engineering and traffic survey, that a speed greater than twenty-five
(25) miles per hour would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe on those streets or parts of
streets therein designated when signs are erected giving notice thereof.
3. Speed Limits Established
On the basis of engineering and traffic surveys, the City Council has
established the prima facie speed limits as indicated herein upon the
following streets in miles per hour (MPH):
(aa) _Garfield Avenue. Between the westerly City limits and southerly
City limits, the prima facie speed limit shall be thirty-five (35) miles
per hour.
(bb) Telegraph Road. Between the west City limit and the east City
limit, the prima facie speed limit shall be forty-five (45) miles per
hour (eastbound direction only).
(cc) Studebaker Road. Between Florence Avenue and the southern
City limit, the prima facie speed limit shall be forty (40) miles per
hour.
(dd) Downey Avenue. On those portions within the City of Downey
between Century Boulevard and Firestone Boulevard as well as
North of Florence Avenue, the prima facie speed limit shall be
forty (40) miles per hour; between Fifth Street and Florence
Avenue, the prima facie speed limit shall be thirty-five (35) miles
per hour; and between Firestone Boulevard and Fifth Street, the
prima facie speed limit shall be thirty (30) miles per hour.
(ee) Florence Avenue. Between the westerly City limits and Woodruff
Avenue, and from Little Lake Road to the easterly City limits, the
prima facie speed limit shall be forty (40) miles per hour. Between
Woodruff Avenue and Little Lake Road/1-605, the prima facie
speed limit shall be forty-five (45) miles per hour.
(ff) Old River School Road. Between Florence Avenue and Imperial
Highway, the prima facie speed limit shall be forty (40) miles per
hour.
(gg) Stewart and Gray Road. Between the westerly City limit and
Bellflower Boulevard, the prima facie speed limit shall be thirty-five
(35) miles per hour and between Bellflower Boulevard and
Firestone Boulevard, the prima facie speed limit shall be forty (40)
miles per hour.
(hh) Imperial Highway. On those portionswithin the City of Downey
between the west City limit and the east City limit, the prima facie
speed limit shall be forty (40) miles per hour.
(ii) Gallatin Road. Between Paramount Boulevard and Lakewood
Boulevard, the prima facie speed limit shall be thirty-five (35) miles
per hour; between Tweedy Lane and Paramount Boulevard and
between Lakewood Boulevard and Downey -Sanford Bridge Road,
the prima facie speed limit shall be thirty (30) miles per hour.
Qj) Bellflower Boulevard. Between Foster Road and Imperial Highway,
the prima facie speed limit shall be thirty-five (35) miles per hour;
between Imperial Highway and Lakewood Boulevard the prima
facie speed limit shall be forty (40) miles per hour.
(kk) Rives Avenue. Between Florence Avenue and Firestone Boulevard
and between Stewart and Gray Road and Imperial Highway, the
prima facie speed limits shall be thirty (30) miles per hour;
between Firestone Boulevard and Stewart and Gray Road, the
prima facie speed limit shall be thirty-five (35) miles per hour.
(11) Gardendale Street. On those portions within the City of Downey
between the westerly city limit and Brookshire Avenue, the prima
facie speed limit shall be thirty-five (35) miles per hour. On the
portion within the City of Downey between Brookshire Avenue and
Lakewood Boulevard, the prima facie speed limit shall be forty
(40) miles per hour.
(mm) Woodruff Avenue. Between Florence Avenue and Firestone
Boulevard, the prima facie speed limit shall be thirty (30) miles per
hour; between Firestone Boulevard and Stewart & Gray Road, the
prima facie speed limit shall be thirty-five (35) miles per hour; and
between Stewart & Gray Road and the southerly City limit, the
prima facie speed limit shall be forty (40) miles per hour.
(nn) Brookshire Avenue. Between Gardendale Street and Firestone
Boulevard, the prima facie speed limit shall be forty (40) miles per
hour; between Firestone Boulevard and Gallatin Road the prima
facie speed limit shall be thirty-five (35) miles per hour.
(oo) Dunrobin Avenue. Between Imperial Highway and Foster Road,
the prima facie speed limit shall be twenty-five (25) miles per hour.
(pp) Paramount Boulevard. Between thenortherlyand the southerly
city limits, the prima facie speed limit shall be forty (40) miles per
hour.
(qq) Washburn Road. Between Bellflower Boulevard and Regentview
Avenue, the prima facie speed limit shall be twenty-five (25) miles
per hour.
(rr) Patton Road. Between Firestone Boulevard and Stewart and Gray
Road, the prima facie speed limit shall be thirty (30) miles per
hour.
(ss) Regentview Avenue. Between Stewart and Gray Road and
Washburn Road, the prima facie speed limit shall be thirty (30)
miles per hour.
(tt) Quill Drive. Between Old River School Road and Paramount
Boulevard, the prima facie speed limit shall be thirty (30) miles per
hour.
(uu) Cherokee Drive. Between Downey Avenue and Lakewood
Boulevard, the prima facie speed limit shall be thirty (30) miles per
hour.
(vv) Suva Street. Between the west city limit and Horley Avenue, the
prima facie speed limit shall be twenty-five (25) miles per hour,
between Horley Avenue and Paramount Boulevard, the prima
facie speed limit shall be thirty (30) miles per hour.
(ww) Tweedy Lane. Between Suva Street and Florence Avenue, the
prima facie speed limit shall be thirty (30) miles per hour, north of
Suva Street, the prima facie speed limit shall be twenty-five (25)
miles per hour.
(xx) Fifth Street. Between Paramount Boulevard and Brookshire
Avenue, the prima facie speed limit shall be twenty-five (25) miles
per hour; between Brookshire Avenue and Lakewood Boulevard,
the prima facie speed limit shall be thirty (30) miles per hour.
(yy) Cecilia Street. Between Studebaker Road and Fairford Avenue
and between Woodruff Avenue and Pico Vista Road, the prima
facie speed limits shall be twenty-five (25) miles per hour;
between Lakewood Boulevard and Woodruff Avenue and between
Little Lake Road and Studebaker Road, the prima facie speed limit
shall be thirty (30) miles per hour.
(zz) Third Street. Between Old River School Road and Civic Center
Drive, the prima facie speed limit shall be twenty-five (25) miles
per hour.
(aaa) Foster Road. On that portion within the City of Downey between
Lakewood Boulvard and the easterly city limit, the prima facie
speed limit shall be thirty-five (35) miles per hour.
(bbb) Alameda Street. Between Paramount Boulevard and Lakewood
Boulevard, the prima facie speed limit shall be thirty (30) miles per
hour.
(ccc) Firestone Boulevard. Between the west city limit and Old River
School Road, the prima facie speed limit shall be forty (40) miles
per hour; between Old River School Road and Woodruff Avenue,
the prima facie speed limit shall be thirty-five (35) miles per hour;
and between Woodruff Avenue and the east city limit, the prima
facie speed limit shall be forty (40)miles per hour.
(ddd) Rosecrans Avenue. On that portion within the City of Downey
between the west city limit and the east city limit, the prima facie
speed limit shall be forty (40) miles per hour.
(eee) Haledon Avenue. Between Gallatin Road and Florence Avenue,
the prima facie speed limit shall be twenty-five (25) miles per
hour.
(fff) Lakewood Boulevard. On that portion within the city of Downey
between the northerly City limits and Gardendale Street, the prima
facie speed limit shall be forty (40) miles per hour.
(ggg) Wiley Burke Avenue. Between Firestone Boulevard and Suva
Street, the prima facie speed limit shall be twenty-five (25) miles
per hour.
(hhh) Seventh Street. Between Rives Avenue and Downey Avenue, the
prima facie speed limit shall be twenty-five (25) miles per hour.
(iii) Columbia Way. Between Foster Road and Imperial Highway, the
prima facie speed limit shall be forty (40) miles per hour, and
thirty-five (35) miles per hour between Imperial Highway and
Lakewood Boulevard.
ajj) Ardis Avenue. Between Foster Road and Imperial Highway, the
prima facie speed limit shall be thirty (30) miles per hour.
(kkk) Cleta Street. Between Lakewood Boulevard and Downey Avenue,
the prima facie speed limit shall be twenty-five (25) miles per hour.
(III) Davis Street. Between Downey Avenue and Brookshire Avenue,
the prima facie speed limit shall be twenty-five (25) miles per hour.
(mmm)Dolan Street. Between Firestone Boulevard and Davis Street,
the prima facie speed limit shall be twenty-five (25) miles per hour._
As used in this section, "public parking lot" shall mean any parking lot or area
used for parking of motor vehicles and owned by the City or under control of the
City.
SECTIONLOTS 1 STRUCTURES • ,1
The following acts or actions are prohibited in City parking lots and structures:
(a) No person shall stand or park on or in any public parking lot or structure
any vehicle, wagon, pushcart, or other such conveyance from which goods,
wares, merchandise, fruits, vegetables, or foodstuffs are sold, displayed,
solicited, or offered for sale, bargained or exchanged unless approved by a
special permit as issued by the Director of Public Works or designee.
No person shall sleep in any vehicle, including a truck -camper, motor home,
travel home, travel or recreational trailer or other similar recreational vehicle,
while parked in the public right-of-way.
(a) No amendment or addition to this code nor any resolution, if such
amendment, addition, or resolution imposes, modifies, or changes any
regulation in respect to a State highway, shall take or be of any effect until
such addition, amendment, or resolution is approved by the State
Department of Transportation. The City Traffic Engineer shall not erect any
sign or place any marking upon a State highway unless the regulation
imposed by such sign or marking has been approved by the State
Department of Transportation. Within six (6) months after receipt of written
notice that the State Department of Transportation has withdrawn its
approval of any regulation affecting a State a highway, the City Traffic
Engineer shall remove from such State highway any sign or marking giving
notice of such regulation. (Added by Ord. 118, adopted 2-10-59).
(b) Whenever this chapter delegates authority to a City officer or authorizes
action by the City Council, to regulate traffic upon a State highway in any
way, which by law requires the prior approval of the State Department of
Transportation, no such officer shall exercise such authority nor shall such
action by the City Council be effective with respect to any State highway
without the prior approval in writing by the State Department of
Transportation when and to the extent required by Divisions 9 and 11 of the
California Vehicle Code."
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. The repeal of the former Chapter 1 ("Traffic Regulations") to Article III
("Public Safety") shall not affect or excuse any violation of said Chapter that occurred prior to
the effective date of this Ordinance, nor shall such repeal impede, deter, impact, or negate any
administrative, civil, or criminal enforcement of any violation of said Chapter that occurred prior
to the effective date of this Ordinance.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
day of_ 2018.
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY )
HEREBY CERTIFY that the foregoing Ordinance No. 18 was introduced at a
regular meeting of the City Council of the City of Downey held on the _ day of , 2018,
and adopted at a regular meeting of the City Council of the City of Downey held on the
day of , 2018, by the following vote, to wit:
AYES:
Council Members:;
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 18- ,
was published in the Downey Patriot, -a newspaper of general circulation in the City of Downey,
on 2018 (after introduction), and on - 2018
(after adoption, including the vote thereon). It was also posted in the regular posting places in
the City of Downey on the same dates„,
MARIA ALICIA DUARTE, CMC
City Clerk