Chapter 10.40
MISCELLANEOUS TRAFFIC RULES
Sections:
Article I. Miscellaneous
10.40.010 Driving over new pavement or markings.
10.40.040 Coasters, skates, and kindred devices restricted.
Article II. Parade Permits
10.40.060 Permits and exemptions.
10.40.080 Applications and issuance.
10.40.090 Conditions and alternatives – Notices.
10.40.110 Violations – Penalties.
Article I. Miscellaneous
10.40.010 Driving over new pavement or markings.
No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed. (Ord. 333 § 3231, 1973).
10.40.020 Restricted access.
No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. (Ord. 333 § 3232, 1973).
10.40.030 Bicycles.*
No person shall ride or park or leave a bicycle upon any sidewalk. The rider of a bicycle upon a roadway shall ride as nearly as practicable within five feet of the right-hand curb or edge of the roadway except when passing a standing vehicle or making a left-hand turn at an intersection. (Ord. 333 § 3233, 1973).
* For additional provisions regarding bicycles, see Chapter 10.44 FMC.
10.40.040 Coasters, skates, and kindred devices restricted.
A. No person mounted upon roller skates or riding in, on, or by means of any coaster, skateboard, or similar device shall go upon any sidewalk in a commercial zone (or sidewalk of any shopping center if posted by property owner). Nor shall any person leave parked upon any sidewalk in a commercial zone or shopping center, (if posted by property owner) any similar device, except in designated areas. For purposes of this chapter, commercial zones are defined by the Fortuna zoning map.
Property owners shall be responsible for posting of signs as follows in conspicuous locations in order for this chapter to be enforced:
No roller skates, skateboards, coasters, or similar devices allowed on sidewalks in designated areas.
B. No person mounted upon roller skates or riding in, or by means of any coaster, skateboard or similar device shall go upon any public parking lot or shopping center (if posted by property owner). Property owners shall be responsible for posting of signs as follows in conspicuous locations in order for this chapter to be enforced:
No roller skates, skateboards, coasters, or similar devices allowed on parking lots.
C. Any person riding a skateboard shall ride as close as practical to the right-hand curb or edge of the roadway. On one-way streets skateboards and bicycles may also be ridden as close as practical to the left-hand curb.
D. Any person riding a skateboard or similar device upon a street during darkness shall:
1. Carry a light which is capable of illuminating the street in front of the skateboarder and is visible a distance of 300 feet in front and from the sides of the skateboard.
2. Wear reflectorized material which shall be visible from a distance of 500 feet to the rear and sides when directly in front of the lawful upper beams of headlamps on a motor vehicle.
E. No person shall place or cause to be placed on any public street or sidewalk or any parking lot or sidewalk of any shopping center or any public parking lot, any ramp, jump or similar device to be used for riding bicycles or skateboards, coasters, or similar devices.
F. Specific permission may be granted by the chief of police to allow ramps or jumps to be placed on public parking lots or streets, or to allow the operation of roller skates, skateboards or other similar devices on public lots or streets for organized events. (Ord. 97-604 § 1; Ord. 92-575 § 1; Ord. 333 § 3234, 1973).
Article II. Parade Permits
10.40.050 Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Parade” means any march, demonstration, procession, motorcade, ceremony, show, exhibition, pageant, promenade or procession of any kind, or any similar display consisting of any assemblage of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination or goal, upon any public streets or sidewalks in the city of Fortuna.
B. “City” means the city of Fortuna, Humboldt County, California.
C. “Council” means the city council of the city of Fortuna, Humboldt County, California.
D. “Chief of police” means the chief of police of Fortuna, California.
E. “Person” includes any person, firm, company, corporation, partnership, association, organization or entity.
F. “Applicant” means the person making the application and his, her or its sponsor. (Ord. 90-559).
10.40.060 Permits and exemptions.
A. Permits Required. No person shall conduct, manage or participate in any parade or assembly for which a written permit has not been issued by the chief of police in accordance with the provisions of this article. (Ord. 90-559).
10.40.070 Prohibitions.
The following prohibitions shall apply to all parades, assemblies, or events described in this article:
A. It is unlawful for any person to engage in any parade or assembly activity which would constitute a substantial hazard to the public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful, and unmolested enjoyment of their property.
B. It is unlawful for any person to carry or possess, while participating in any demonstration, rally, picket line, protest, parade or assembly, any length of metal, lumber, wood, or wood lath unless such object is of wood and is one-fourth inch or less in thickness and two inches or less in width, or, if not generally rectangular in shape, such object shall not exceed three-fourths inch in its thickest dimension.
C. It is unlawful for any person to carry any sign, poster, plaque, or notice, whether or not mounted on a length of wood as specified in subsection (B) of this section unless such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard material. (Ord. 90-559).
10.40.080 Applications and issuance.
A. Issuing Authority. The issuing authority shall be the chief of police of the city.
B. Approving Authority. The approving authority shall be the chief of police. Disapproval by the approving authority shall constitute disapproval of the permit. The chief of police shall conduct an investigation and evaluation of the application relating to the nature of the proposed parade or assembly described in this article considering:
1. Whether the time, duration, route, and size of the parade or assembly will unreasonably disrupt the movement of traffic;
2. Whether the parade or assembly is of a size and nature such that it would require the diversion of so great a number of police officers of the city to properly police the line of movement or assembly area and the areas contiguous thereto as to prevent reasonable police protection to the city;
3. Whether the permittee has provided for the services of monitors to control the orderly conduct of the parade or assembly in conformity with such permit;
4. Whether the permittee has provided reasonable means for informing all the persons participating therein of the terms and conditions of such permit;
5. Whether the concentration of persons, animals, or vehicles, or a combination thereof, is such as to prevent proper police, fire, and ambulance services;
6. Whether the parade will move from its assembly area to its disbanding area expeditiously or not without stopping en route except when reasonably required for the safe and orderly conduct of the parade;
7. Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted;
8. Whether the parade or assembly will result in harm to persons or property;
9. Whether the parade or assembly will result in the production of garbage and refuse;
10. Whether the parade or assembly will require clean-up of the area on which the parade or assembly takes place after the event;
11. Whether the parade or assembly requires the supply of toilet facilities, including, but not limited to, portable toilet facilities for collection, storage, and removal of human waste;
12. Whether the applicant has obtained liability insurance coverage for bodily injury, and property damage in an amount required by the city insurer(s), protecting the city from any liability as the result of applicant’s parade or assembly.
C. Applications. Any person desiring to conduct a parade or assembly as described in this article shall make a written application to the chief of police at least five days in advance of the proposed parade or assembly. Such application shall include the following information:
1. The name, address, and telephone number of the person requesting the permit;
2. The name and address of any organization, sponsor or group he or she is representing;
3. The name, address, and telephone number of the person who will act as parade or assembly chairperson who will be responsible for the conduct of the parade or assembly;
4. The number of monitors provided by the permittee and the identifying marks, badges, or symbols to be worn or used by such monitors;
5. The purpose of the parade or assembly, the estimated number of persons to participate and to otherwise attend, and the number and types of vehicles and animals to participate;
6. The method of notifying the participants of the terms and conditions of the permit prior to the parade or assembly;
7. The date the assembly or parade is to be conducted and the hours the assembly or parade will commence and terminate;
8. If a parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal;
9. Whether any music will be provided, either live or recorded;
10. The method the person or organization conducting the parade or assembly will clean up the garbage or refuse produced by the parade, assembly or event.
D. Denial. The chief of police shall deny the application for the permit if any information supplied by the applicant is false or intentionally misleading, or if the chief of police, upon evaluation of the application, determines that the parade or assembly will endanger the public health, safety, and welfare by applying the criteria set forth in subsection (B) of this section, and if he determines that reasonable adjustments to the community traffic control, street and property maintenance, and police, fire, and ambulance protection would not alleviate such danger. Nothing in this chapter shall permit the chief of police to deny a permit based upon political or religious grounds or reasons or in violation of applicant’s free speech rights.
E. Failure to Act. If the chief of police does not act upon a permit application within five days, the application will be deemed to have been granted. (Ord. 90-559).
10.40.090 Conditions and alternatives – Notices.
A. Notices. The chief of police shall notify the applicant in writing his decision to issue the permit, to issue it subject to conditions, or to deny the application. Such notice shall further specify the reasons for any conditions, alternatives, or denial.
B. Conditions. Prior to the issuance of the permit, the chief of police shall impose conditions and restrictions as he deems necessary to protect the health, safety, and welfare of the community and the participants in such parade or assembly, including, but not limited to, the requirement that the person and sponsor applying for the permit sign a written agreement containing reasonable restrictions and conditions as the chief of police deems necessary to protect the health, safety, and welfare of the community and the participants in such parade or assembly, including, but not limited to, the following: provision of sanitation facilities; assurance of cleanup; provision for protecting private property; provision for parade monitors; provision relating to duration and route of parade; and proof of liability insurance coverage. The chief of police shall deny the application if the persons and sponsors making the application do not sign an agreement in writing prepared by the chief of police containing the conditions and restrictions determined to be appropriate pursuant to this section.
C. Insurance Requirements. The insurance coverage requirement may be satisfied either by the applicant obtaining insurance protecting against the city’s liability or by paying the city’s additional actual cost of obtaining coverage for its liability as a result of the special event.
D. Waiver of Insurance Requirement. The insurance requirement will be waived if neither the applicant nor the city is able to obtain coverage for the city’s liability as a result of the event, and the requirement will be waived if the applicant is unable to pay either the cost of the cheapest coverage available for it or the city. In order to be relieved of the insurance requirement, the applicant must provide satisfactory proof of financial inability to pay.
E. Alternatives. The chief of police shall notify the applicant of alternate times, places, manner, or duration for the conduct of the parade, if the chief of police can reasonably do so and if the application, as submitted is denied. (Ord. 90-559).
10.40.100 Appeals.
The granting or denial of a permit or the imposition of conditions or restrictions in granting a permit by the chief of police pursuant to the provisions of this chapter may be appealed to the council by the applicant, permittee, or any person affected thereby. Such appeal shall be in writing and shall be filed with the city clerk within 48 hours after the receipt of the decision of the chief of police. The council shall act upon the appeal at the next regularly scheduled council meeting held more than three days and less than 10 days after the filing of the appeal. If no such meeting is scheduled within such time, the mayor shall call a special council meeting to consider and act upon such appeal within 10 days after the filing of such appeal. (Ord. 90-559).
10.40.110 Violations – Penalties.
Any violation or failure to comply with any provision of this article, other than as it pertains to a duty to be performed by any city official or employee, shall constitute a misdemeanor. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $500.00, or by imprisonment in the county jail of the county of Humboldt, state of California, for not more than six months, or by both fine and imprisonment. (Ord. 90-559).