Chapter 10.05 GENERAL PROVISIONS

The following terms shall have the meanings ascribed to them respectively. Whenever any words or phrases used in this title are not defined herein, but are defined in the Vehicle Code of the state, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth in this title in full:

“Alley” means any street less than 25 feet in width between property lines.

“Business district” shall have the same meaning and definition as ascribed in the words “business district” in the State Vehicle Code.

“Commercial vehicle” means any self-propelled vehicle having a manufacturer’s rated capacity of over two tons designed for or engaged in the carrying of any materials, goods, wares, merchandise, freight or other commodities, whether such vehicle is laden or unladen, or any vehicle which, having no such rating, is nevertheless loaded, carrying or laden with more than two tons of any materials, goods, wares, merchandise, freight or other commodities. Nothing in this definition shall be deemed to mean or include railroad, street or interurban railway cars, or vehicles for the carriage of passengers.

“Holidays” means those days designated as holidays by the Government Code of the state.

“Limit line” means a single white line not less than two inches in width painted on the surface of a street or highway and crossing a lane or lanes used by traffic on such street or highway. Such lines may be placed at such places and at such angles across such traffic lanes as in the opinion of the traffic authority the limitations imposed thereby on approaching traffic may require.

“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.

Markings on Street or Roadway. A double line as now in use on state highways shall constitute a distinctive street or roadway marking. The marking shall consist of two white stripes, or of one white stripe and one yellow stripe, painted on the street or roadway surface, each stripe three inches wide and two stripes separated by a three-inch black stripe. The three-inch black stripe may be obtained either by painting or by effect of bituminous pavement.

“Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

“Official traffic signals” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed, and which is erected by authority of a public body or official having jurisdiction.

“Park” means the standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in loading or unloading passengers or materials.

“Parkway” means the portion of a street other than a roadway or 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 every officer of the police department of the city.

“Stop,” when required, means complete cessation of movement.

“Stop or stand,” when prohibited, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device.

“Street” or “public street” shall include all public streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.

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

“Traffic authority” means the chief of police or his authorized and acting representative.

“Vehicle Code” means the Vehicle Code of the state as it now exists or may hereafter be amended. [Ord. 383 § 2, 11-21-60. Code 1959 § 11.1; prior code § 16-1].

Cross reference—Closing streets in event of riot, WMC 9.05.220.

State law reference—Definitions, §§ 100 – 675, Veh. Code.

10.05.020 Application of title to bicycle riders and drivers of animals.

Every person riding a bicycle or riding or driving an animal upon a highway is subject to the provisions of this title applicable to the driver of a vehicle, except those provisions which by their very nature can have no application. [Code 1959 § 11.2; prior code § 16-2].

10.05.030 Following or parking near fire apparatus – Interference with fire apparatus.

No car or vehicle other than an emergency vehicle, or a vehicle of a duly authorized member of the fire department, shall follow any fire apparatus answering a fire alarm closer than 300 feet, or park any vehicle within 500 feet of a fire, or operate or park any vehicle in such manner as to interfere with any fire apparatus or line of fire hose when in use at a fire or when in place for use in response to a fire alarm. [Code 1959 § 11.4; prior code § 16-3].

10.05.040 Driving over fire hose.

No car or vehicle shall be driven over any unprotected hose of the fire department when placed or laid down on any street or private driveway to be used at any fire or alarm of fire, without the consent of the officials of the fire department in command. [Code 1959 § 11.5; prior code § 16-4].

10.05.050 Driving through funeral processions.

No driver of a vehicle shall drive between the vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated. [Code 1959 § 11.6; prior code § 16-5].

10.05.060 Riding motorcycles, bicycles or motor scooters.

A person operating a motorcycle, motor scooter or bicycle upon a street shall not ride other than upon the permanent and regular seat attached thereto, or carry any other person upon such motorcycle, motor scooter or bicycle, other than upon a firmly attached seat to the rear of the operator, nor shall any person ride upon a motorcycle, bicycle or motor scooter upon a street other than as above authorized. [Code 1959 § 11.7; prior code § 16-6].

10.05.070 Improper riding on vehicles.

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employees engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise. [Code 1959 § 11.8; prior code § 16-7].

10.05.080 Clinging to moving vehicle.

Any person riding upon any bicycle, motorcycle, coaster, roller skates or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway. [Code 1959 § 11.9; prior code § 16-8].

10.05.090 Driving vehicles or animals on sidewalks, parkway or private property.

(1) The driver or operator of a vehicle shall not drive or operate the same, nor shall the rider of any animal ride or drive such animal, within any sidewalk area or any parkway except at a permanent or temporary driveway. A “temporary driveway,” for the purposes of this section, is defined to mean a crossing or driveway suitably planked or otherwise protected to prevent injury to the curb or sidewalk and for which a permit has first been had and obtained from the street superintendent of the city.

(2) The driver or operator of a vehicle shall not drive or operate the same upon private property to avoid traffic signals or stop signs. [Code 1959 § 11.10; prior code § 16-9].

10.05.100 Driving on new pavement or freshly painted markings, or on closed streets.

No person shall ride or drive any animal or any vehicle or bicycle 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 markings, or when a sign is in place stating that the street or any portion thereof is closed. [Code 1959 § 11.11; prior code § 16-10].

10.05.110 Coasting on sidewalks in wagon, cart, etc.

No person shall coast or propel himself down, along, upon or over any sidewalk in any wagon, cart, hand wagon, coaster, bicycle or other vehicle in any business district, except at a permanent or temporary driveway. [Code 1959 § 11.12; prior code § 16-11].

Cross reference—Riding skateboards, etc., in business and residential areas, WMC 10.55.080 – 10.55.110.

10.05.120 Driving in reverse.

Unless in compliance with the immediate direction or order of the traffic authority or any police officer, no person shall back or operate in reverse gear any vehicle on any street within the city for a greater distance than is necessary in order to place such vehicle in position for the lawful operation thereof in a forward direction upon such street. [Code 1959 § 11.13; prior code § 16-12].

10.05.130 Injuring pavement.

No person shall drive, propel, draw, trail or move any vehicle, plow, harrow, scarifier, equipment, device or any other object, instrument or article in or upon any public street, road, avenue, alley, highway or other public place within the city, the surface of which has been improved or finished by or with an oil pavement, macadam pavement, concrete pavement or other type of pavement or improvement, in such a way or manner as to scratch, tear, injure, mutilate, cut, disfigure or mar any such pavement or improved surface or improvement; provided, however, the provisions of this section shall not apply to official acts performed in the exercise of official duty, nor to employees of the city or of contractors holding contracts with the city, in the lawful exercise of their respective duties and assignments or in the lawful execution of their respective contracts. [Code 1959 § 11.14; prior code § 16-13].

10.05.140 Throwing cigarettes, etc., on streets.

No person in any vehicle and no pedestrian shall willfully or negligently throw upon any road or highway, public or private, any lighted cigarette, cigar, ashes, or any other flaming or glowing substance. [Ord. 403 § 1, 3-11-63. Prior code § 16-14].

10.05.150 Vision obstructions by trees, etc.

Whenever the traffic authority finds that any hedge, shrubbery or tree growing in a parkway or otherwise adjacent to a city street obstructs the view of any intersection, or any traffic upon the streets approaching such intersection, said traffic authority shall cause the hedge, shrubbery or tree to be immediately removed or reduced in height or width so as to effectively remove the obstruction. [Ord. 383 § 3, 11-21-60. Prior code § 16-15].

Cross reference—Obstruction of view by trees constitutes a nuisance, WMC 8.10.020(22).

10.05.160 Driving, etc., vehicles in public park or recreation ground when prohibited.

No person shall ride, drive or propel, or cause to be ridden, driven or propelled, into or upon any roadway, path or way in any public park or recreation ground within the city any vehicle, device or other equipment, including a bicycle, when there shall be posted at the entrance to any such road, roadway, path or way a notice or sign to the effect that the same is closed to vehicles; provided, however, nothing in this section shall be construed as applying to the use of vehicles and equipment employed in the upkeep of parks or recreation grounds, or vehicles or equipment of the water or street departments of the city when the same are actually being used in and about such parks or recreation grounds in the performance of work or activities having official sanction. [Code 1959 § 11.16; prior code § 16-16].

10.05.170 Report of accident damage to public property or public utility property.

(1) The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by any public utility, including, but not limited to, any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, ornamental tree or other property of a like nature located in or along any street, shall within 24 hours after such accident make a written report of such accident to the police department.

(2) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. [Code 1959 § 11.17; prior code § 16-17].

10.05.180 Vehicles emerging from alleys, driveways or buildings.

The driver or operator of a vehicle emerging from an alley, driveway, building or from any other private property shall stop such vehicle immediately prior to driving therefrom into any public street. No stop signs need be erected, however, in the cases of such alleys, driveways, buildings or other private properties. [Code 1959 § 11.18; prior code § 16-18].

10.05.190 Turning in streets.

No vehicle shall be turned at any time at any intersection or in any street in a complete circle, and no vehicle in a business district shall be turned so as to proceed in the opposite direction, except at an intersection; provided, however, no such turning may be done in any intersection, any part of which is formed by an alley or at any intersection controlled by signal lights or when traffic signs are in place prohibiting such turning. [Code 1959 § 11.19; prior code § 16-19].

10.05.200 Crossing street or roadway markings.

No person shall ride or drive any animal or vehicle upon or across a distinctive street or roadway division marking or structure within the city placed under the provisions of this title, or on the left-hand side of any such marking or structure in the direction in which such animal or vehicle is at the time proceeding, except in those cases where one white stripe appears in such marking immediately to the left of any such animal or vehicle and on the same side of the street or roadway as that in which such animal or vehicle is proceeding at the time. [Code 1959 § 11.21; prior code § 16-20].

10.05.210 One-way streets and alleys – Erection of signs.

Whenever any ordinance of the city designates any one-way street or alley, the chief of police shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. [Code 1959 § 11.22; prior code § 16-21].

10.05.220 One-way streets and alleys – Driving vehicle contrary to signs.

When signs are erected on one-way streets or in any alley giving notice thereof, no person shall drive any vehicle in a direction contrary thereto. [Code 1959 § 11.23; prior code § 16-22].

10.05.230 One-way streets and alleys – Designated – Parking limitations.

The alley between Tehama Street and Butte Street shall be northbound only from Oak Street on the south and Wood Street on the north, with parking permitted on the east side only for loading or unloading, and the alley between Butte Street and Shasta Street shall be southbound only from Wood Street on the north to Oak Street on the south, with parking permitted on the west side only for loading and unloading. [Code 1959 § 11.24; prior code § 16-23].

10.05.240 Permits for increased size, weight, etc. – Issuance.

Subject to the limitations and the terms and conditions contained in this title, the traffic authority shall have the right and is hereby delegated the right and authority, in his discretion, to make and issue permits, in writing, under the provisions of Section 35780 of the Vehicle Code of the state. [Code 1959 § 11.25; prior code § 16-24].

10.05.250 Permits for increased size, weight, etc. – Limitations, terms and conditions.

The authority granted to the traffic authority by WMC 10.05.240 shall be subject to the following limitations, terms and conditions:

(1) The filing of a written application for such permit as contemplated under the provisions of Section 35781 of the Vehicle Code of the state.

(2) The making by the applicant of a cash deposit in the sum of $250.00, or the furnishing of a surety bond approved by the city attorney as to form in a like sum of $250.00, which deposit or bond shall guarantee or insure that any street, road, alley or highway damaged in any manner by the equipment or operation permitted will, to the extent of such deposit or bond, be immediately repaired by the sole cost and expense of the permittee, and restored to the same condition in which the same existed immediately prior to any such damage or injury, so far as such restoration can reasonably be made.

(3) The making of such deposit or the furnishing of such bond shall not be construed to exonerate or relieve the permittee from liability to the city for any damage which may be suffered or sustained to any such road, alley, highway or public property in excess of the deposit or bond amount of $250.00.

(4) For any such permit so issued, there shall be charged and the permittee shall pay a fee of $2.50 for each single operation or moving of a vehicle, or combination of vehicles, made under the provisions of such permit.

(5) Whenever the traffic authority shall deem a police escort necessary or advisable in connection with any operation under such permit, the permittee shall pay for any such escort so required. The amount charged shall be fixed by the city council. [Code 1959 § 11.26; prior code § 16-25].

10.05.260 Vehicle release fee.

(1) Pursuant to Section 22850.5 of the California Vehicle Code as enacted by the California State Legislature in 1993, a city, county, or city and county, or a state agency may adopt a regulation, ordinance, or resolution establishing procedures for the release of properly impounded vehicles and for the imposition of a charge equal to its administrative costs relating to the removal, impound, storage, or release of the vehicles. Those administrative costs may be waived by the local or state authority upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.

(2) The following apply to any charges imposed for administrative costs pursuant to subsection (1) of this section:

(a) The charges shall only be imposed on the registered owner or the agents of that owner and shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 through 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lien holder’s total charges and proper administrative costs.

(b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner.

(d) No charge may be imposed for any hearing or appeal relating to the removal, impound, storage, or release of a vehicle unless that hearing or appeal was requested in writing by the registered or legal owner of the vehicle or an agent of that registered or legal owner.

(3) In addition, the charge may be imposed only upon the person requesting that hearing or appeal.

(4) From time to time the city council may review and adjust the vehicle release fee. This adjustment will be done by resolution and will be maintained by the city clerk and the Willows police department. [Ord. 670-04, 3-23-04. Prior code § 16-26].