Chapter 10.05
TRAFFIC REGULATIONS1
Sections:
10.05.010 Definitions.
10.05.020 City traffic engineer – Established.
10.05.030 City traffic engineer – Powers and duties.
10.05.040 One-way streets and alleys – Designation by traffic engineer.
10.05.050 Stop intersections – Installation designated.
10.05.060 Stop intersections – Stop at through street or stop sign.
10.05.070 Turning movements – Authority to place turning markers.
10.05.080 Turning movements – Authority to place restricted turn signs.
10.05.090 Crosswalks designated by traffic engineer.
10.05.100 Traffic-control devices – Required for enforcement purposes.
10.05.110 Traffic-control devices – Obedience required.
10.05.120 Traffic-control devices – Installation and maintenance.
10.05.130 Traffic-control devices – Removal, relocation or discontinuance.
10.05.140 Traffic-control devices – Hours of operation.
10.05.150 Traffic-control devices – Lane marking.
10.05.160 Traffic-control devices – Distinctive roadway markings.
10.05.170 Unauthorized painting of curbs.
10.05.180 Directing traffic – Authority of police officials.
10.05.190 Directing traffic – Authority of police where crowds gather.
10.05.200 Directing traffic – Persons other than officials shall not direct traffic.
10.05.210 Obstructions – Trains prohibited from obstructing crossings.
10.05.220 Cruising – Definitions.
10.05.230 Cruising prohibited.
10.05.240 Cruising – Signs.
10.05.250 Cruising – Exclusions.
10.05.260 Commercial vehicles using private driveways.
10.05.270 Driving through funeral procession or parade.
10.05.280 Limited access roadways.
10.05.290 New pavement and markings.
10.05.300 Restricting use of freeways.
10.05.310 Riding or driving on sidewalk.
10.05.320 Riding bicycles or animals.
10.05.330 Living or sleeping in vehicles on public property.
10.05.340 Excessive acceleration of vehicle.
10.05.350 Barriers and signs – Placement.
10.05.360 Barriers and signs – Obedience.
10.05.370 Movement of heavy vehicles and equipment – Permit required.
10.05.380 Movement of heavy vehicles and equipment – Flange wheel machinery.
10.05.390 Washing or polishing vehicles.
10.05.010 Definitions.
A. As used in this chapter:
Coach means a motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers.
Curb means the lateral boundary of the roadway whether marked by curbing construction or not. Curb does not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracts or rights-of-way of public utility companies.
Divisional island means the raised island located in the roadway and separating opposing or conflicting streams of traffic.
Holiday means the city-recognized holidays as designated by city council resolution.
Loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Parking meter means a mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.
Parkway means that portion of a street other than a roadway or a sidewalk.
Passenger loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
Pedestrian means any person afoot.
Police officer means and includes every officer of the police department or any officer authorized to direct or regulate traffic, or to make arrests for violations of traffic regulations.
B. Whenever words or phrases used in this chapter are not defined, but are defined in the Vehicle Code, the Vehicle Code definitions apply. (1991 code § 8.2)
10.05.020 City traffic engineer – Established.
The office of city traffic engineer is established. The city traffic engineer is appointed by the council. He or she shall exercise the powers and duties as provided in this title and in the traffic regulations of this city. (1991 code § 8-3.1)
10.05.030 City traffic engineer – Powers and duties.
The city traffic engineer shall determine the installation and proper timing and maintenance of traffic-control devices and signals, conduct engineering analyses of traffic accidents and devise remedial measures, conduct engineering and traffic investigations of traffic conditions and cooperate with other city officials in the development of ways and means to improve traffic conditions, and carry out the powers and duties imposed by the city. (1991 code § 8-3.2)
10.05.040 One-way streets and alleys – Designation by traffic engineer.
Whenever an ordinance or resolution designates a one-way street, the city traffic engineer shall place and maintain a sign giving notice, and regulation is not effective unless the sign is in place. A sign indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (1991 code § 8-6.1)
10.05.050 Stop intersections – Installation designated.
Whenever an ordinance or resolution designates a street as a through street, or an intersection at which vehicles are required to stop at one or more entrances to it, or a railroad grade crossing at which vehicles are required to stop, the city traffic engineer shall place and maintain stop signs as follows: A stop sign shall be placed on each street intersecting the through street so designated and at those entrances to other intersections where a stop is required and at a railroad grade crossing so designated; provided, however, stop signs shall not be erected or maintained at an entrance to an intersection when the entrance is controlled by an official traffic-control signal. Every such sign shall conform with and shall be placed as provided in the Vehicle Code. (1991 code § 8-7.1)
10.05.060 Stop intersections – Stop at through street or stop sign.
A. Those streets established by resolution of the council are declared to be through streets for the purposes of this section.
B. This section applies at one or more entrances to the intersections as such entrances and intersections are established by resolution of the council.
C. This section applies at those highway railway grade crossings as established by resolution of the council. (1991 code § 8-7.2)
10.05.070 Turning movements – Authority to place turning markers.
The city traffic engineer may place official traffic-control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The city traffic engineer may locate and indicate more than one lane of traffic from which drivers of vehicles may make right-hand or left-hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law. (1991 code § 8-9.1)
10.05.080 Turning movements – Authority to place restricted turn signs.
The city traffic engineer may determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours and permitted at other hours, in which event the hours shall be plainly indicated on the signs. (1991 code § 8-9.2)
10.05.090 Crosswalks designated by traffic engineer.
A. The city traffic engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks, or lines upon the surface of the roadway as follows: Crosswalks shall be established and maintained at such intersections and at other places where the city traffic engineer determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in subsection B of this section.
B. Other than crosswalks at intersections, no crosswalk may be established in any block which is less than 400 feet in length and if established shall be located as nearly as practicable at mid-block.
C. The city traffic engineer may place signs at or adjacent to an intersection in respect to a crosswalk directing that pedestrians may not cross in the crosswalk so indicated. (1991 code § 8-11.1)
10.05.100 Traffic-control devices – Required for enforcement purposes.
No provision of the Vehicle Code or of this title for which signs are required may be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. (1991 code § 8-12.1)
10.05.110 Traffic-control devices – Obedience required.
The operator of a vehicle, bicycle or train shall obey the instructions of any official traffic-control device placed in accordance with this title, unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. (1991 code § 8-12.2)
10.05.120 Traffic-control devices – Installation and maintenance.
A. Authority.
1. The city traffic engineer may maintain official traffic-control devices when and as required to make this title effective.
2. Whenever the Vehicle Code requires that traffic-control devices be installed to give notice to the public of the application of such law, the city traffic engineer may install the necessary devices subject to limitations or restrictions set forth in the applicable law.
3. The city traffic engineer may maintain additional traffic-control devices as he or she considers necessary or proper to regulate traffic or to guide or warn traffic, but he or she shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as set forth in this chapter or as may be determined by ordinance or resolution of the council.
B. Designated.
1. The city traffic engineer is directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
2. The city traffic engineer shall ascertain and determine the locations where signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his or her determination shall be made in accordance with traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the Department of Transportation.
3. Whenever the city traffic engineer installs and maintains an official traffic signal at an intersection, he or she shall maintain at the intersection street name signs clearly visible to traffic approaching from all directions. (1991 code § 8-12.3)
10.05.130 Traffic-control devices – Removal, relocation or discontinuance.
The city traffic engineer may remove, relocate or discontinue the operation of a traffic-control device not specifically required by the Vehicle Code or this title whenever he or she determines that the conditions which required the installation no longer exist. (1991 code § 8-12.4)
10.05.140 Traffic-control devices – Hours of operation.
The city traffic engineer shall determine the hours and days during which each traffic-control device shall be in operation, except where hours or days are specified in this title. (1991 code § 8-12.5)
10.05.150 Traffic-control devices – Lane marking.
The city traffic engineer may mark centerlines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the highway. (1991 code § 8-12.6)
10.05.160 Traffic-control devices – Distinctive roadway markings.
The city traffic engineer may place and maintain distinctive roadway markings as described in the Vehicle Code on streets where the volume of traffic or the vertical or other curvature of the roadway makes it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and markings shall have the same effect as similar markings placed by the Department of Transportation pursuant to the Vehicle Code. (1991 code § 8-12.7)
10.05.170 Unauthorized painting of curbs.
No person may paint a street or curb surface. This section does not apply to painting numbers on a curb surface by a person who complies with a resolution or ordinance authorizing it. (1991 code § 8-12.8)
10.05.180 Directing traffic – Authority of police officials.
Each officer of the police department and every other member of the department, full-time, part-time or volunteer, is authorized to direct traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, the officer or other member of the department may direct traffic as conditions require. (1991 code § 8-13.1)
10.05.190 Directing traffic – Authority of police where crowds gather.
At a place where large numbers of people and vehicles may gather or have gathered, a police officer may prohibit a person from parking a vehicle upon or using a street or sidewalk, and may prohibit a pedestrian from using a street or sidewalk. The police officer may direct the parking of vehicles in any reasonable manner, way, or direction. It is unlawful for a person to fail to promptly obey the police officer’s order, signal or command, regardless of any other provision of this title. (1991 code § 8-13.2)
10.05.200 Directing traffic – Persons other than officials shall not direct traffic.
No person other than a person authorized by law may direct traffic by voice, hand or other signal, except that a person may operate when provided any mechanical push button signal erected by order of the city traffic engineer. (1991 code § 8-13.3)
10.05.210 Obstructions – Trains prohibited from obstructing crossings.
No person may cause or permit a railway train, railway car, or similar vehicle on rails to stop, stand, or to be operated in such a manner as to prevent the use of a street for the purposes of travel for a period of time longer than 10 minutes, except that this provision does not apply to a railway train, railway car, or similar vehicle on rails while blocking or obstructing a crossing because of an accident which requires the operator of the train, car, or similar vehicle on rails to stop at or near the scene of the accident. (1991 code § 8-14.2)
10.05.220 Cruising – Definitions.
As used in PHMC § 10.05.220 through § 10.05.250:
Core area means the following areas in the city:
A. Contra Costa Boulevard bordered by Second Avenue South in the north and by the I-680 interchange in the south;
B. Gregory Lane from Contra Costa Boulevard to Pleasant Hill Road;
C. Golf Club Road from Contra Costa Boulevard to Paso Nogal;
D. Cleaveland Road from Woodworth Lane to Boyd Road.
Cruise or cruising means the repetitive driving of a motor vehicle past a traffic-control point in traffic which is congested at or near the traffic-control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the traffic-control point shall be in violation of PHMC § 10.05.220 through § 10.05.250.
Highway and motor vehicle are defined in California Vehicle Code sections 360 and 415, respectively. (Ord. 574 § 1, 1985; 1991 code § 8-15.1)
10.05.230 Cruising prohibited.
A. Cruising is prohibited in the core area.
B. No person shall be guilty of cruising unless:
1. That person has passed the same traffic-control point twice within a two-hour period and has been given written notice on the first driving trip past a traffic-control point that further driving past the traffic-control point shall be a violation of this PHMC § 10.05.220 through § 10.05.250; and
2. Notice is posted on the streets subject to cruising controls as set forth in PHMC § 10.05.240. (Ord. 574 § 1, 1985; 1991 code § 8-15.2)
10.05.240 Cruising – Signs.
Signs shall be erected at the beginning and end of the portion of the street subject to cruising control that briefly and clearly state the appropriate provisions of PHMC § 10.05.220 through § 10.05.250. (Ord. 574 § 1, 1985; 1991 code § 8-15.3)
10.05.250 Cruising – Exclusions.
PHMC § 10.05.220 through § 10.05.250 do not apply to in-service emergency vehicles, taxicabs for hire and buses. (Ord. 574 § 1, 1985; 1991 code § 8-15.4)
10.05.260 Commercial vehicles using private driveways.
A. No person may operate a commercial vehicle in, on, or across a private driveway approach, sidewalk area, or the driveway itself without the consent of the owner or occupant of the property if a sign or markings are in place indicating that the use of the driveway is prohibited.
B. For the purpose of this section, commercial vehicle means a vehicle having a rated capacity in excess of 3/4 ton. (1991 code § 8-16.1)
10.05.270 Driving through funeral procession or parade.
No operator of a vehicle may drive between the vehicles comprising a funeral procession or a parade, if the vehicles are conspicuously so designated. The directing of vehicles and traffic on a street over which a funeral procession or parade wishes to pass is subject to the orders of the police department. (1991 code § 8-16.2)
10.05.280 Limited access roadways.
No person may drive a vehicle onto or from a limited access roadway except at such entrances and exits as are lawfully established. (1991 code § 8-16.3)
10.05.290 New pavement and markings.
No person may ride or drive an animal or vehicle over or across newly made pavement or freshly painted markings on a street when a barrier sign, cone marker, or other warning device is in place warning persons not to drive over or across the pavement or marking, or when the warning device is in place indicating that the street is closed. (1991 code § 8-16.4)
10.05.300 Restricting use of freeways.
No person may drive or operate a bicycle, motor-driven cycle, or vehicle which is not drawn by a motor vehicle upon a street established as a freeway as defined by state law, nor may a pedestrian walk across or along the street so designated except in space set aside for the use of pedestrians, if an official sign is in place giving notice of such restrictions. (1991 code § 8-16.5)
10.05.310 Riding or driving on sidewalk.
No person may ride, drive, or propel a vehicle or animal across or upon a sidewalk except over a permanently constructed driveway and except when it is necessary for a temporary purpose to drive a loading vehicle across a sidewalk. To do so, the sidewalk area shall be substantially protected by metal ramps or wooden planks two inches thick, and written permission must be obtained from the city traffic engineer. The wooden planks shall not be permitted to remain upon such sidewalk area from 6:00 p.m. to 6:00 a.m. (1991 code § 8-16.6)
10.05.320 Riding bicycles or animals.
Every person riding a bicycle or riding or driving an animal upon a highway has the rights and is subject to the duties applicable to the driver of a vehicle by this title, except provisions which by their very nature can have no application. (1991 code § 8-16.7)
10.05.330 Living or sleeping in vehicles on public property.
No person shall live or sleep in a vehicle on public property. However, the prohibition against sleeping shall not apply to public areas in which vehicle camping is allowed. Nor shall it apply where a person slept in a vehicle on a one-time basis to avoid falling asleep while driving; or where a person slept in a vehicle no more than four consecutive nights to avoid imminent peril. Upon establishment that a person slept in a vehicle on public property, it shall be that person’s burden to establish one of the above exceptions applies. (Ord. 687 § 1, 1993; 1991 code § 8-16.9)
10.05.340 Excessive acceleration of vehicle.
No person operating a motor vehicle within the city shall accelerate the vehicle in a manner that causes audible noise by tire friction on pavement or causes the tires of the vehicle to leave skid marks on the pavement, except when the acceleration is reasonably necessary to avoid a collision. (Ord. 753 § 1, 2000; 1991 code § 8-16.10)
10.05.350 Barriers and signs – Placement.
No person, public utility, or department in the city may place a barrier or sign on a street unless of a type approved by the city traffic engineer or may disobey the instructions, remove, tamper with, or destroy a barrier or sign lawfully placed on a street. (1991 code § 8-17.1)
10.05.360 Barriers and signs – Obedience.
No person may operate a vehicle contrary to the directions of a barrier or sign erected:
A. Under any ordinance of the city;
B. By a public utility;
C. By a city; or
D. By any other person pursuant to law or contract with the city.
It is unlawful for an unauthorized person to move or alter the position of a barrier or sign. (1991 code § 8-17.2)
10.05.370 Movement of heavy vehicles and equipment – Permit required.
A. No person may operate upon a city street any vehicle with a load in excess of those permitted by the Vehicle Code without a written permit from the city traffic engineer.
B. The city traffic engineer may, by written permit, authorize a load in excess of those allowed for in the Vehicle Code if, in his or her judgment, the street upon which the vehicle is to be operated can safely withstand the additional weight, or if the applicant will guarantee payment to the city of all costs of repair to the street damaged by the movement of the load. The city traffic engineer may grant the permit upon such conditions and upon depositing such bond as he or she in his or her discretion may require. (1991 code § 8-18.1)
10.05.380 Movement of heavy vehicles and equipment – Flange wheel machinery.
No person may operate on a city street any vehicle, piece of equipment, or machinery which has lugs, cleats, flanges, or other projections on the wheels or tracks. If the tread of the track has projections or corrugations, a filler block shall be placed on each section so that a flat bearing surface is in contact with the pavement at all times. (1991 code § 8-18.2)
10.05.390 Washing or polishing vehicles.
No person may wash or polish a vehicle upon a public street when a charge is made for this service. (1991 code § 8-19)
Editor’s note: For statutory provisions regarding the authority of the city relative to vehicles and traffic, see Vehicle Code section 21100 et seq.; for provisions regarding the uniformity of traffic laws and applicability to municipalities, see Vehicle Code section 21.