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HomeMy WebLinkAbout13. Adopt Ord Repealing Chpt 1 of Art III - Traffic Regulations1CQ"1111LM*A mmmmmmmmm TO- HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILCITY MANAGER FROM- OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKSICITY GINEER DATE: NOVEMBER 13,2018 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") 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") T `1 `• On October 23, 2018, the City Council introduced the attached ordinance repealing Chapter 1 of Article III of the Downey Municipal'Code and adding a new chapter ("Traffic Regulations") to Article III ("Public Safety") accordingly. 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 ADOPT ORDINANCE REPEALING CHAPTER 1 OF ARTICLE Ili OF THE DIVIC AND ADDING A NEW CHAPTER TO ARTICLE III NNOVEMBER 13, 2018 PAGE 2 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): 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.( — limits the establishment of residential permitted parking 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 MA — provides temporary permits to residents for distribution to guests while a social function or 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. CITY COUNCIL PRIORITIES Quality of Life, Infrastructure & Parks FISCAL IMPACT None. ATTACHMENTS Attachment A - Ordinance 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING CHAPTER I OF ARTICLE III OF THE DOWNEY MUNICIPAL CODE AND ADDING A NEW CHAPTER 1 ("TRAFFIC '' • _ LIC 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. NOW, ` •`E, THE CITY COUNCIL OF DOWNEY DOES ORDAIN AS 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: 7-MvISM977M • i i / � • i • i . � � � . (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. ORDINANCE NO. PAGE 2 SECTION 3102. ALLEY 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. SECTION 3103. BUSINESS DISTRICT 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 for a distance of six hundred (600) feet, or upon both sides of the highway or street fora distance of three hundred (300) feet or as defined in the California Vehicle Code Sections 235 and 240. SECTION 3104. BUS STOP ZONE The space adjacent to a curb reserved through the installation of red' curb markings and signs for the loading and unloading of bus passengers. SECTION 3105. Cf Shall mean the California Manual on Uniform Traffic Control Devices (CAMUTCD) as published by the State of California, Caltrans, and is issue 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, applicationj 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, SECTION 3106. CALIFORNIA TRAFFIC CONTROL DEVICES COMMITTEE (CTCDC) 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. SECTION 3107. CALIFORNIA VEHICLE CODE 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 5 th Street, bounded and on the east and west by the westerly and easterly right-of-way lines of Brookshire Avenue and Paramount Boulevard, respectively. SECTION 3109. CHIEF OF POLICE As used in t is c apter, s a mean e e o o ce o e iyo California, or his deputies or authorized representatives. i 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. i i • A raised or painted island in the roadway and separatingopposing or conflicting streams of traffic. As used in this chapter, shall mean a way or place of whatever nature publicly 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. 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. ORDINANCE NO. PAGE 4 SECTION 3118. LOADING ZONES 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. SECTION 3119. NON -MOTORIZED VEHICLE Every detachable trailer or any other detachable device which itself is not self- propelled and is designed to be drawn by a motor vehicle. SECTION 3120. OFFICIAL TIME STANDARD Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in the City. SECTION 3121. PARK Shall mean to stand or leave stan ing any ve icle, whether occup e or no otherwise than temporarily for the purpose of and while actively engaged in loading or unloading of passengers or material& That portion of a street or highway between: (a) The curb and street side of a sidewalk; or, (b) When there is not a sidewalk, the area between the curb and the property line of the adjacent property. SECTION 3123. PERMITS 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. SECTION 3124. POLICE DEPARTMENT AND POLICE OFFICERS `Police Department'as used in this Section, shall mean the Police`Department of the City of Downey, California. • i 0 1 • Wriftei `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 thereto, other than -a business district, (a) upon one side of each highway, within a distance of a quarter of amile, 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 a mile, 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. • 1 •i' •- •- a (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 ORDINANCE NO. PAGE 6 officer, city employee working in or near the street right of way or official traffic control device. SECTION 3131. TRAFFIC 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. SECTION 3132. TRAFFIC CALMING Shall can the study process and methodology, traffic control devices and strategies as described int City of Downey Neighborhood Traffic Calming Policy used to enhance traffic and pedestrian safety and preserve neighborhood character and livability. SECTION 3133. TRAFFIC CONTROL DEVICES 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 oro icial having jurisdiction, or, in the case of a private road, by authority of the private owner or private official having jurisdiction. SECTION 3133.1. TRAFFIC LANE 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 bicycl traffic. -1 SECTION 3133.2. TRAFFIC WARRANT I Shall mean the criteria and standards based on traffic� street and area con tions • a street • at an intersection as described in the CAMUTCD • 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. SECTION 3133.3. TRAILER. 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 vehic! whether or not part of its weight rest upon or is carried by any other vehicle, F 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 hir or for rent and are used by the registered owner for personal use. 1� Lei m1i fcm, JR771. DIMT.Trom 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. 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 TrafficEngineer 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. 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 provisions of this chapter, a power is granted to the City Traffic Engineer, or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or a person authorized in writing by him. ORDINANCE PAGE 8 SECTION . EMERGENCY POWERS OF THE CITY TRAFFIC ENGINEER. 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, withintwenty-four (24) ours, shall document his action by submitting a report to the Director of Public Works noting the type of control device employed or actionta, 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. Part 3— ENFORCEMENT AND OBEDIENCEI L TiI SECTION 3138. AUTHORITY LICE AND FIRE DEPARTMENT OFFICIALS DIRECT TRAFFIC. 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 direct or assist the police in directing traffic. SECTION . OBSTRUCTION OR-INTERFERENCELI OFFICERS.AUTHORIZED No person hall 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 ark 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. SECTION . UNAUTHORIZED PERSON SHALL NOT DIRECT TRAFFIC. No person Other than 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. 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 provisions of this 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 bylaw. (a) The City Traffic Engineer shall have the 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 ORDINANCE NO. PAGE 10 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 CA UTC requires for the effectiveness of any provision thereof that traffic control devices be installed, to give notice to the public of the application of such law, the 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 3145. WHEN TRAFFIC CONTROL DEVICES REQUIRED FOR 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. SECTION 3146. INSTALLATION OF TRAFFIC SIGNALS. (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 • street and area conditioprofessional judgment and other traffic information as may be pertinent, and the City Traffic Engineer's determinations there rom shall e made in acco ance w t t e procedures� methodology� standards, requirements, guidelines and criteria set forth in the CAMUTCD and • Vehicle ••- (c) Whenever the City Traffic Engineer installs and maintains an • traffic signal at any intersection, street name signs visible to the principal flow of traffic shall likewise be erected and -• at such intersection unless such street name • have previously been placed and are maintained at any such • SECTION 3w. AUTHORITY TO REMOVE, • • DISCONTINUE TRAFFIC CONTROL DEVICES. 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 CAMUTC D and the California Vehicle Code. Mr-ITCHIM SECTION i +` l INSTALLATION,i' OF TRAFFIC CONTROL 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. SECTION - - TO PLACE SIGNS ON ONE-WAY STREETS D 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: ORDINANCE NO. PAGE 12 O 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. SECTION 3153. DESIGNATED ONE-WAY ALLEYS. 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. Part 7— SPECIAL STOPS REQUIRED. SECTION 3154. CITY TRAFFIC ENGINEER TO CONDUCT STUDIES AND ERECT STOP SIGNS. (a) Whenever the provisions of this Code designate and describe any street, or portion thereof, as a through 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 CAMUTC D 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. SECTION 3155. STOPS AT THROUGH STREETS OR STOP SIGNS. (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. Whenever a traffic study considering traffic volumes, traffic characteristics, accident history, pedestrian volumes,_ approach speeds, street and area conditions and characteristicsandengineering judgment is conducted at an intersection by the City Traffic Engineer and the findings of the traffic study, when applied to the criteriasetforth 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 sidewalkorparkway when no paved sidewalk exists or, into the sidewalk area extending across an alleyway, i �• i �• i:i " i i No driver of a vehicle, except an emergency vehicle, shall drive between vehicles comprising 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 -CROSSING .; 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, inclosed. No person shall driveontoor 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. ORDINANCE NO. PAGE 14 SECTION 3163. BICYCLE RIDING RESTRICTED. (a) No person shall ride a bicycle upon a sidewalk within the Central Business District as defined in Section 3108 of this chapter. or 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. SECTION 3164. USE OF SKATEBOARDS, COASTERS, ROLLER SKATES, AND SIMILAR DEVICES RESTRICTED. (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 • upon the sidewalk in any business district. (b) No person shall ride a motorized scooter, skateboard or persona ze mo ty device other than for transportation purposes of disabled persons upon any public sidewalk within the city at any time. SECTION 3165. PERMITSPARADES, PROCESSIONS, AND ASSEMBLAGE. 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 ity 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; SECTION- TO 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 as required to address adverse street characteristics or geometries. 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. ,. l (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 NO. PAGE 16 officer or contractor or employee of a public utility when necessarily upon a street in the line of duty. SECTION 3169. SELLING OR SOLICITING DONATIONS, CONTRIBUTIONS OR SERVICES IN ROADWAYS. (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. SECTION 3170. PEDESTRIAN CROSSING RESTRICTIONS. (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 any time 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 (118") inches, containing the words-" o 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 of 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 exce in a marked • cro •' sswalk. (d) No pedestrian shall cross a roadway other than in a cross walk in any businessistrict. I Part 10 — STOPPING, STANDING AND PARKING. SECTION 3171. APPLICATION OF REGULATIONS. (a) The provisions of this chapter prohibiting the stopping, standing, or parking of a vehicle shall apply at all times, or at those 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. SECTIONOF •HIBITED — COMMERICAL MOTOR COMMERICALA ;, (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 aproperty 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. ORDINANCE NO. PAGE 18 (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 byte 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. O1 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. Excluded from the provisions of this section shall be the following defined street segments: 1. Washburn Road = Both sides of Washburn Road between Woodruff Avenue and Regentview Avenue. SECTIONPARKING OF -• OVER HEIGHT VEHICLES INTERSECTIONS.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 ownsorhas possession, custody, or control of any vehicle shall park or leave 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. Intheevent 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. PURPOSES.SECTION 3176. PARKING OF VEHICLES PROHIBITED - FOR CERTAIN 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. ORDINANCE NO. PAGE20 SECTION 3177. PARKING OF VEHICLES PROHIBITED - NARROW STREETS. (a) The City Traffic Engineer is authorized to prohibit parking once City streets when the width of the City street-" o 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 MUTC D and City have been installed. SECTION 3178. PARKING OF VEHICLES PROHIBITED — COMMERCIAL USES IN 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 3179. PARKING OF VEHICLES PROHIBITED - ARTERIAL INTERSECTIONS. The City Traffic Engineer is authorized to establish areas of no parking, designated by signage or curb markings� hereafter designated as Intersection Vision Zones on Arterial/Local Street intersections. The length of the Intersecti Vision Zone shall be determined by the City Traffic Engineer based on street conditions and traffic characteristics. SECTION 3180. PARKING OF VEHICLES PROHIBITED — MISCELLANEOUS. The City Traffic Engineer is authorized to establish areas o no par ng a * I (a) Anyplace 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, orofficial 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. SECTIONOF VEHICLES PROHIBITED•' STREET CLEANINJ PURPOSES. (a) Parking Prohibited for Street Sweeping Purposes. When signs are in place giving notice that parking is prohibited on a designated day ata 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 park a 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; 1. 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 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 thecostas 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. Thestreetsweeping parking prohibition exemption is not applicable for any other parking prohibition or restriction that may be in-place on the subject street block. ORDINANCE NO. PAGE 22 SECTION 3182. PARKING OF VEHICLES PROHIBITED — All NIGHT PARKING. 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 6:00 a.m. of any day. SECTION 3183. TOW AWAY ZONES. (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. Zllmmi =.A 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 Pr••- 1. pe 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 4. Each sign shall display clearly the legal authority for the removal of the vehicle from private property, which is California Vehicle Code Section 22658 and Downey Municipal Code Section 3183 (b). The California Vehicle Code Section may be abbreviated as "C.V.0 Sec. 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. • ` ;I • (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: OR MARKINGS DESIGNATING ON 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 parka 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. East side, between James Street and Lakewood Boulevard, SECTION 3187. PERMITS FOR LOADING OR UNLOADING VEHICLES AT AN 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 o 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. 0 ATZTA 0 xzrq 0 (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 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. Whenever the City Traffic Engineer 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: 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; ORDINANCE NO. PAGE 26 3. The parking of the vehicle at other private property 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 hot 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 o a public street. I le) Any vehicle transportin a flammable liquid hazardous material or 9 1 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. (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 anyplace 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 Traffic Engineer, 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. CURB MARKINGS AND SIGNS TO INDICATE NO STOPPING AN PARKING I REGULATIONS. (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: ORDINANCE NO. PAGE 28 O 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 anytime 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 reen 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 parka 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 3194. RESTRICTIONS — LOADING AND UNLOADING OF MATERIALS 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. i"I i hiel 3. Permission herein granted to stop or park for the purposes of loading and unloading passengers shall include 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 RESTRICTIONS i• OR PARKING (a) 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 ofthe 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 ORDINANCE NO. PAGE 30 the words "Taxi Stand", The City Traffic Engineer may require additional signing to better identify the taxicab stand. Part 12 — STOPPING, STANDING AND PARKING RESTRICTED. SECTION 3198. PARKING TIME LIMITED IN BUSINESS DISTRICTS. 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. SECTION 3199. PARKING TIME LIMITED ON CERTAIN STREETS. 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 the days also 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. SECTION 3199.1. PARKING TIME LIMITS. 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 iritis 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. SECTION 3199.2. VETERANS' EXEMPTION. Vehicles displaying a valid veteran's special license plate issued pursuant to the provisions of California Vehicle Code Section 5007(a)(2) (Disabled Veteran), 51013 (Pearl Harbor Survivor), 5101 A (Medal of Honor and Distinguished Service Cross Recipient)i 5101 �5 (former American Prisoner of War), 5101.6 (Congressional Medal of Honor Recipient), or 5101.8 (Purple Hear-[ 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. SECTION 3199.3. PARKING TIME LIMITED DURING CERTAIN TIMES. 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 i ' �� ii EW 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 a 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 inSection9105 if the California Vehicle Code. Signing, pavement markings and parking space configuration designating a 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. ORDINANCE NO. PAGE 32 (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 the 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 CA UTC SECTION 3199.5. SUSPENSION OF PARKING RESTRICTIONS. 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) If 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 connection with 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 PARKING 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 � 0 1 0 1 WACIMIC 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. A residential 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. 1:- No person shall, without a properly displayed parkingpermit, 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. ORDINANCE NO. PAGE 34 1 . An area shall be evaluated forth 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; (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) A determination 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. R0 i 0 k -I 1� 0 iam (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 in Section 3199.6 (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) Issuance of Parking Permits. ORDINANCE NO. PAGE 36 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 (110) temporary permits at any given time. The temporary parking permits are valid for up to one (1) day 11-Y 11 11 H 5. Permits shall be placed upon or inside a vehicle as specified in the instructions accompanying the permit issued by the City Traffic Engineer. • r 0 6. Each person shall be subject in all conditions and restrictions set forth in this section and of the residential preferential parking 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 may be 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; ORDINANCE NO. PAGE 38 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. SECTION 3199.8 - TRUCKS AND TRUCK ROUTES DESIGNATED. 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, not designated as a Truck Route. The provisions of this Section shall not app y to passenger uses Lin er e 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; ORDINANCE NO. PAGE40 20. Downey Avenue between Firestone Boulevard and Phlox Street. SECTION 3199.9. MOVEMENT OF OVERWEIGHT AND OVERSIZED VEHICLES AND EQUIPMENT. It is unlawful for any person, 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: 1. The name and address of the applicant; 2, Description of vehicle and load to be operated or moved; 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 an authorized facsimile process; (b) Import or Export of Earth Material. Any person, firm, association or corporation moving more than five hundred (500)cubic yards of earth 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. • • earth material per project is moved •'f • to the site • 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 ORDINANCE NO PAGE 41 project is moved from or to the site of an earth grading operation 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 maybe 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. Provide evidence of 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 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 ofPublicWorks. (c) Filing Fees. A fee shall be paid by the applicant upon the filing of each application, for a 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; ORDINANCE NO. PAGE42 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. M 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 deposng such bond and certcate of insurance at the discretion of the Director of Public Works. M - Every driver of a vehicle, combination of vehicles, mobile equipment or oa 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 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. (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 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 ORDINANCE NO. PAGE 44 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 (4 5) miles per hour. (ff) Old River School Road. Between Florence Avenue and Imperial Highway, the prima facie speed limit shall be forty (4 0) miles per hour. (gg) Stewart and Gray Road. Between the westerly City limit and Beliflower Boulevard, the prima facie speed limit shall be thirty-five (35) miles per hour and between Beliflower Boulevard and Firestone Boulevard, the prima facie speed limit shall be forty (4 0) miles per hour. (hh) Imperial Highway. On those portions 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. (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. Oj) Belfflower 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 (4 0) miles per hour; between Firestone Boulevard and Gallatin Road the prima facie speed limit shall be thirty-five (35) miles per hour. i`1 a Ur A e IMME, 149 (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 the northerly and 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) milesperhour. (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. ORDINANCE NO. PAGE 46 (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 all be forty (40) it 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. (jjj) Ardis Avenue. Between Foster Road and Imperial Highway, the prima facie speed limit shall be thirty (30) miles per hour. (k k) Cleta Street. Between Lakewood Boulevard and Downey Avenue, the prima facie speed limit shall be twenty-five (25) miles per hour. (111) Davis Street. Between Downey Avenue and Brookshire Avenue, the prima facie speed limit shalt 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. SECTION 3199.11. PUBLIC PARKING LOTS. 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. R9 1 1 1� I 1� NME'ra SECTION 3199.12. PUBLIC PARKING LOTSAND PROHIBITED The following acts or actions are prohibited in City parking lots and structuress' (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._ 1f 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. ORDINANCE NO. DAf--0 AD SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published ince manner prescribed by law, APPROVED AND ADOPTED this 13th day of November, 2018, SEAN ASHTON, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk STAT OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF DOWNEY I 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 23rd day of October, 2018, and adopted at a regular meeting of the City Council of the City of Downey held on the 13th day of November, 2018, by the following vote, to wit: AYES: Council Members, NOES: Council Member: ABSENT: Council Member: ABSTAIN., Council Member: I 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 7 2018 (after introduction), and on 12018 (after adoption, including the vote thereon). It was also posted in there ular posting places in the City of Downey on the same dates. MARIA ALII A DUARTE, CMC City Clerk