Chapter 7-1 STREETS

All roads, lanes, avenues, streets, alleys, sidewalks, ways, parks, public squares or plazas within the City of San Juan Bautista open to public use and travel by foot, animal or vehicle, and all such in use by the public for such travel or any public use, and all such dedicated thereto, and all such as are shown, drawn or delineated on Smith’s Map of said City of San Juan Bautista, as it may be amended from time to time, said map being on file in the Recorder’s Office of said San Benito County in Book 1 of Maps, at page 8, are, and each is hereby accepted by the Town of San Juan Bautista as such, and for public use and travel, and the same shall be and are hereby named by the name shown and designated on Smith’s Map.

Article 2. Definitions

7-1-200 Definitions.

Whenever in this Chapter the following terms are used, they shall have the meaning respectively ascribed to them in this Section:

(A) “Street” means every way set apart for public travel, except alleys, bridle paths and foot paths.

(B) “Roadway” means that portion of a street between the regularly established curb lines.

(D) “Intersection” means the area embraced within the prolongation of the property lines of two (2) or more streets which join at an angle, whether or not one (1) such street crosses the other.

(E) “Crosswalk” means that portion of the roadway included within the prolongation of curb and property lines at street intersections.

(F) “Safety zone” means that marked portion of a roadway reserved for the exclusive use of pedestrians.

(G) “Loading zone” means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

(H) “Vehicle” means every device or animal by which any person or property is or may be transported or drawn upon a street, excepting devices moved by human power or used exclusively upon rails. For the purpose of this Chapter, a bicycle shall be deemed a vehicle.

(I) “Pedestrian” means any person afoot.

(J) “Operator” means any person who is in actual physical control of a vehicle.

(K) “Traffic” means pedestrians and vehicles, either singly or together, while using any street for purposes of travel.

(L) “Business district” means the territory contiguous to a street when fifty percent (50%) or more of the frontage thereon for a distance of three hundred feet (300′) or more is occupied by building in use for retail or wholesale business; also any territory contiguous to a street which is immediately adjacent to or a continuation of a street within a business district when such territory is so designated by the City Council of the City of San Juan Bautista.

(M) “Right-of-way” means the privileges of the immediate use of the street.

(N) “Park” means to stand a vehicle for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or materials.

(O) “Official warning and direction signs and signals” means all warning and direction signs and signals not consistent with this Chapter heretofore or hereafter placed or erected under this Chapter or by authority of the said City Council.

Article 3. Traffic Signs and Signals

7-1-300 Directing traffic.

Peace officers providing police services to the City are hereby authorized to direct all traffic by means of visible or audible signal. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a traffic or police officer. It shall be unlawful to refuse to or fail to comply with any order, signal or direction of any person appointed by the City Manager to control traffic at school crossings; provided, that the person giving an order, signal or direction at the school crossing is wearing some insignia indicating such appointment. It shall be unlawful for any minor to direct or attempt to direct traffic unless authorized to do so by order of the City Council or City Manager.

7-1-305 Signs.

The City Council shall by resolution determine and designate the character of all official warning and direction signs and signals. Subject to this selection, the City Manager is hereby authorized, and as to those signs required hereunder is obligated, to place and maintain or cause to be placed and maintained all official warning and direction signs and signals. All signs authorized and required hereunder shall conform to the uniform standards and specifications adopted by the Department of Transportation pursuant to the California Vehicle Code.

No provision of this Chapter for which signs are required shall be enforceable against the alleged violator if at the time and place of the alleged violation the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

7-1-310 Barriers and signs.

No public utility or department of this town shall erect or place any barrier or sign unless of a type first approved by the City Manager, except in cases of emergency pending the posting of an approved sign. It shall be unlawful for any person to disobey the instructions of any barrier or sign lawfully erected or placed by a public utility or by any department of this City.

7-1-315 City Manager required to establish crosswalk.

The City Manager is hereby authorized and required to establish and maintain crosswalks at all intersections where in his or her opinion there is particular danger to pedestrians crossing the roadway. The crosswalks shall be designated by marks, white lines or devices that conform to Department of Transportation specifications.

7-1-320 Police and fire vehicles exempt from certain rules.

The provisions of this Chapter regulating the movement, parking and standing of vehicles shall not apply to emergency vehicles of the public or police office or of the fire department or of a public utility while the driver of any such vehicles is engaged in the necessary performance of public emergency duties.

Article 4. Pedestrians

7-1-400 Pedestrians’ limited rights to use of roadway.

When within a business district, no pedestrian shall cross a roadway other than by a crosswalk.

Outside of a business district, no pedestrian shall cross a roadway other than by a route at right angles to the curb, and when crossing at any place other than a crosswalk, shall yield the right-of-way to all vehicles upon the roadway.

It shall be unlawful for any person to be in any roadway other than in a safety zone or crosswalk; provided, that this provision shall not be construed to prevent the necessary use of a roadway by a pedestrian.

7-1-405 Pedestrian to obey signals.

At intersections where traffic is directed by a traffic stop-and-go signal, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic.

Article 5. Rules for Driving

7-1-500 Turning markers and movements.

The City Manager is authorized to place markings, signals, signs, devices or other indications upon or adjacent to a street indicating the course to be traveled by vehicles on such streets. The City Manager may place turning markers in intersections whenever, in his or her opinion, traffic is sufficiently heavy to warrant such placement. It shall be unlawful to disobey such markings, signals, signs, devices, or other indications.

7-1-505 Certain vehicles prohibited in business district.

(A) It shall be unlawful for the operator of any of the following vehicles to drive the same in any business district between the hours of 7:00 a.m. and 6:00 p.m. of any day except Sunday.

(1) Any vehicles so loaded that any part of its load extends more than three feet (3′) to the front or more than ten feet (10′) to the rear of said vehicle.

7-1-510 Stop signs.

The following streets and parts of streets are hereby declared to constitute through highways for the purpose of this Section: First Street, Second Street, Third Street and Fourth Street.

The City Manager is hereby authorized and required to place and maintain or cause to be placed and maintained upon each and every street intersecting a boulevard and at or near the entrance to an intersection traffic control signs, devices or marks that conform to Department of Transportation standards.

7-1-512 Negligent spreading of mud and debris on City streets.*

Every person who negligently, wilfully, or maliciously sprinkles, drains, drops, leaves, or in any matter permits mud, debris or water from any vehicle or farm equipment to remain upon any City road shall be guilty of a misdemeanor. This section shall not apply to the accidental release of such materials where such materials are removed or attempted to be removed in a timely manner.

*Code reviser’s note: Ord. 2006-01 adds this section as 7-1-510. The section has been editorially renumbered to prevent duplication.

7-1-515 Bicycle riding restricted.

It shall be unlawful to ride a bicycle upon any sidewalk.

7-1-520 Unlawful to drive through funeral procession.

It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession, provided that such vehicles are conspicuously so designated.

7-1-525 Coasters, roller skates, skateboards, restricted.

It shall be unlawful for any person upon a skateboard or roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway.

7-1-535 Use of Jake brakes prohibited on City streets.

Pursuant to the authority provided in California Vehicle Code Section 21101(c), except in cases of a bona fide emergency, it shall be unlawful for the operator of any vehicle equipped with an engine speed governor (also known as “Jake brakes”) to use or otherwise apply such device when traveling upon any street other than a State highway within the incorporated limits of the City.

Article 6. Penalties

7-1-600 Penalty.

Any person violating any of the provisions of this Chapter, or any rule or regulation made by the City Council or Chief of Police or by any other person or officer authorized by this Chapter to make any rule or regulation hereunder or pursuant thereto shall be guilty of an infraction, and upon conviction thereof, shall be punished for the first offense by a fine not to exceed one hundred dollars ($100.00). A second violation within a period of one (1) year, in punishable by a fine not to exceed two hundred fifty dollars ($250.00). A third and each additional offense committed within one (1) year is punishable by a fine not exceeding five hundred dollars ($500.00).

Legislative History: Ords. 17A (4/10/06), 84 (11/26/45), 2000-08 (1/16/01), 2006-01 (3/21/06), 2006-13 (8/15/06).