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HomeMy WebLinkAboutOrd. No. 1947-268 IncompleteORDINANCE NO. 268 41 ' AN ORDINANCE OF THE CITY OF ELSINO -RE, CALII'ORNIA., RIsG* ULATING TRAFFIC UPON THE PUBLIC STREETS OF SAID CITY, AND REPEALING ALL ORDINANCES IN CONFLICT HEREI'JITH. The City Council of the City of Elsinore does ordain as follows: ARTICLE I SECTION 1. Whenever in this Ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section: STREET. Every way set apart for public travel except bridle paths and foot paths. ROADWAY. That portion of a street between the regularly es- tablished curb lines or that part improved and intended to be used for vehicular travel. ALLEY. A public highway which does not exceed twenty (20) feet between property lines. SIDEWALK. That portion of a street between the curb lines and the adjacent property lines. INTERSECTION. The area embraced within the prolongation of the property lines of two or more streets which join at an angle, '.. whether or not one such street crosses the other. CROSSWALK. That portion of the roadway defined as a cross- ! walk by the provisions of the California Motor Vehicle Act. LOADING 'LONE. That space adjacent to a curb reserved for -'. the exclusive use of vehicles during the loading or unloading of passengers or materials. PASSENGER ZONE. That space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. TRUCK ZONE. That space adjacent to a curb reserved for the exclusive use of trucks during the loading and unloading of materials and produce. A truck shall be defined for the purpose of this ordinance as a motor vehicle, having a body primarily de- signed for the transportation of produce and materials. VEHICLE. Every device or animal in, upon or 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 or tracks. For the purpose of this ordinance a bicycle shall ':. be deemed a vehicle. PEDESTRIAN. Any person afoot. OPERATOR. Any person who is in actual physical control of a vehicle. TRAFFIC. Pedestrians, vehicles, either singly or together while using any street for purposes of travel. BUSINESS DISTRICT. The territory defined as "business dis- trict" by the provisions of the California N,otor Vehicle Act. PARK. To stand a vehicle, whether occupied or not, upon a roadway. r q :_'3 OFFICIAL WARNING AND DIRECTION SIGNS AND SIGNALS. All warn- ing and direction signs and signals not inconsistent with this .ordinance heretofore or hereafter placed or erected under this ordi- nance or by authority of the Council for the purpose of guiding, 'directing, waiving or regulating traffic. SAFETY ZONE. The area or space defined as such by the pro- visions of the California Motor Vehicle Act. AUTHORIZED EMERGENCY V'_HICLE. Vehicles of the Fire Depart- ment, Sheriff's Office, police vehicles, and such other vehicles as are so defined in the California Motor Vehicle Act. ARTICLE II Authority of Police Traffic signs and signals SECTION 1. OBEDIENCE TO POLICE. (a) It shall be the duty of the Police Department of this City to enforce the provisions of this ordinance. Officers of the Police Department are hereby authorized to direct all traffic, 'either in person or by means o1 visible or audible signal, and it '.shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a traffic sign or police 'officer. (b) It shall be unlawful for any person to refuse or fail to 'comply with any lawful order, signal or direction of any person '.appointed by the Chief of Police to control traffic at school '.crossings, provided that such person giving any order, signal or direction at such school crossings shall at the time be 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 Chief of Police. (c) I shall be unlawful for any person driving or operating propelling or causing to be propelled any vehicle, to fail to stop (within fifty (50) feet of the nearest side of a school pedestrian '.land where any signal device, filagman or other person is stationed, !giving warning that children are about to cross or are crossing the 'street; and it is further declared unlawful to proceed until such !signal has stopped, raised or been removed, or the flagman or person '.stationed at such pedestrian lane has given a signal to go, or has 'left the locality. SECTION 2. - SIGNS. The Council shall b resolution deter - mine and designate the character of all official warning and direc- tion signs and signals. Subject to this selection, the Chief of '.Police is hereby authorized, and as to those signs required hereunder it shall be his duty to place and maintain or cause to be place and 'maintained all official warnings and direction signs and signals. All signs authorized and required hereunder for a particular pur- pose shall be uniform. No provision of this ordinance for which signs are required '.shall be enforceable against the alleged violator if at the time and (place of the alleged violation of the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily 'observant person. It shall be unlawful for any person to place or maintain or to display upon or in view of any street any unofficial sign, signal or device which purports to be or is an imitation of or resembles an official traffic sign or signal, or which attempts to direct the '.movement of traffic or which hides from view or interferes with the effectiveness..of any official sign or signal. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and the Chief of Police is hereby empowered to remove the same, or .cause it to be removed, without notice. It shall be unlawful for any person to wilfully.deface, injure !move, obstruct or interfere with any official traffic sign or signal.. SECTION 3• OBEDIENCE TO TRAFFIC SIGNS. It shall be unlaw- ful for any operator or pedestrian to disobey the instructions of .any mechanical or electrical traffic signal, traffic sign or marks 'upon the street placed in accordance with the provisions of this .ordinance, unless otherwise directed by a police officer, provided '. 'every sign or mark made by the use of paint upon the curb shall 'bear thereon the official emblem of the Police Department. ''.. No public utility or department in this City shall erect or !place any barrier or sign unless of a type first approved by the 'Chief of Police. It shall be unlawful for any operator or pedes- trian to disobey the instructions of any barrier or sign approved, as above provided, erected or placed by a public utility or by any .department of this City. Whenever any mechanical or electrical traffic signal shall have been installed to be operated by the public by means of push '.button or otherwise, it shall be unlawful for any Person to unnec- essarily operate or tamper with the same or cause the same to be '.operated except for the bona fide purpose of controlling traffic to !,permit pedestrians to cross the street in safety. SECTION 4. TRAFFIC STOP AND GO SIGNAL LEGEND. Whenever traffic at any intersection is regulated by a stop and go mechanical 'I, or electrical signal, the following colors may be used, and none other; and those colors herein authorized shall indicate as follows:'',. RED, except in flashing signals, requires that traffic shall! stop and remain standing. GREEN, requires that traffic shall move and continue in 'motion, except when stopped for the purpose of avoiding an accident for in the event of other emergency or when stopped at the command of -a police officer. AMBER, shall indicate preparation for a change in the direc- !tion of traffic movement. When amber is shown no traffic shall 'enter the intersection until a green or "GO" signal is shown. BELLS, The ringing of a bell in connection with any meth - 'anical or electrical traffic signal shall indicate preparation for a', change in the direction of traffic movement. When such bell is '.sounded no traffic shall enter the inersection until a green or "GO "I ,signal is shown. SECTION 5• CIIIEF OF POLICE REQUIRED TO ESTABLISH CROSS *WALKS, ',The Chief of Police is hereby authorized and required to establish and maintain and to designate upon the surfact of the roadway, by '.. '..appropriate devices, marks or white lines, crosswalks approximately '.. '.equal in width to the adjacent sidewalk at all intersections where in his opinion there is particular danger to pedestrains crossing '.. ,the roadway. When crosswalks are established and maintained outside a 'business district, the Chief of Police shall be appropriate devices,'; ''.marks or white lines, mark and maintain along the surface of the '.roadway an arrow not less than twelve (12) inches wide in the shaft and not less than thirty (30) feet long, pointing in the direction of such crosswalk, together with the word SLOW in block letters not less than twenty -four (24) inches high and not less than four '.. (4) inches wide, one hundred (100) feet distant from each crosswalk :so established. SECTION 6. POLICE AND FIRE VEHICLES EXb3JPT FROM CERTAIN RULES. The provisions of this ordinance regulating the movement, parking and standing of vehicles shall not apply to authorized emergency '.vehicles as defined herein while the driver of any such vehicle is operating the same in an emergency in the necessary performance of public duties. ARTICLE III RULES FOR DRIVING SECTION 1. WHEN TURNING AROUND AT INTERSECTIONS PROHIBITED: (a) The operator of a vehicle shall not make a U -turn at following intersections: 2) 9 Graham and Main Streets; Graham and Spring Streets; Peck and Main Streets; (b) A U -turn as defined herein shall consist of the making of a half circle at any of the said intersections, thus enabling the '.operator of the vehicle to completely reverse the direction in which' This vehicle is proceeding. SECTION 2. DRIVING FROM ALLEY. The operator of a vehicle emerging from an alley, driveway or garage, shall stop such vehicle 'immediately prior to driving onto a sidewalk or onto the sidewalk ";area extending across any alleyway. '.. SECTION 3. VENICLES SHALL NOT BE DRIVEN ON SIDEWALKS. The operator of a vehicle shall not drive within any sidewalk area ex- cept at a permanent or temporary driveway. - SECTION 4. 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 be- tween the hours of 7:00 A.M. and 6:00 P.M. of any day except Sunday,.. '.unless such vehicle is specifically permitted to do so by the Chief ,of Police: (1) Any vehicle so loaded that any part of its load extends'. more than three (3) feet to the front or more than ten (10) feet to the rear of said vehicle. SECTION 5. BOULEVARD STOPS: The following streets and parts of streets are hereby declared to constitute boulevards for the purpose of this section: 'Main street from its intersection with Library Street to its 'intersection with Minthorn Street both inclusive. :Graham Avenue from its intersection with Chaney Street to its 'intersection with Spring Street, both inclusive. 'Spring Street from its intersection with Lakeshore Drive to its '.intersection with flint Street both inclusive with the exception !of Graham Avenue. 'Langstaff Street at its intersection with Heald Avenue at Northeast '.corner of Heald Avenue and Southwest corner of Heald Avenue. :Minthorn Street at its intersection with Spring Street at Northeast corner of Spring Street. Every operator of a vehicle traversing any street intersect - "'!. !ing any boulevard shall bring such vehicle to a full stop at the place !where such street meets the prolongation of the nearer property line:" Hof such boulevard. The Chief of Police 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 property '.line of the boulevard, stop signs conforming to the requiremnets of the California Vehicle Act. SECTION 6. FOLLOWING FIRE APPARATUS PROHIBITED. It shall be lunlawful for the operator of any vehicle other than one on offical !business, to follow any fire apparatus traveling in response to a !fire alarm closer than one block or to park any vehicle within the '.block where fire apparatus has stopped in answer to a fire alarm. SECTION 7. CROSSING FIRE HOSE. No vehicle shall be drawn over any unprotected hose of the Fire Department when laid down on any street or private driveway to be used at any fire or alarm of 'fire, without the consent of the "ire Chief or the assistant in 'command. SECTION 8. The operator of a vehicle shall not back the '.same unless such movement can be made in safety and without hazard. SECTION 9. BICYCLE RIDING RESTRICTED. It shall be unlawful; to ride a bicycle upon any sidewalk. The rider of a bicycle upon a roadway shall ride as nearly as practicable :nithin five (5) feet of the right -hand curb or edge of the roadway except when passing '.a standing or other vehicle or making a left -hand turn at an inter- section/ " SECTION 10. iiIDING ON IIANDLi? BARS P120HIBITED. It shall be ,unlawful for the operator of any bicycle or motor -cycle when upon a street to carry any other person upon the bar, handle or tank of any such vehicle or for any person to so ride upon any such vehaCle.'. SECTION 11. UNLAWFUL TO DRIVE, THROUGH FUNERAL PROCESSION. :.It shall be unlawful for the operator of any vehicle to drive be- tween the vehicles comprising a funeral procession provided that vehicles are conspicuously so designated. ',. n SECTION 12. CLINGING TO Ic;OVING VEIiICLES. It shall be unlawful for any person traveling upon any bicycle, motor -cycle or any toy behicle to cling to or attach himself or his vehicle to any .other moving vehicle upon any roadway. SECTION L3. USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED. It shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy veheile or similar de- vice to go upon any roadway or upon the sidewalk in a business dis- trict. ARTICLE IV STOPPING, STANDING, AND PARKING SECTION 1. It shall be unlawful for the operator of a vehicle to stop said vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers or materials at any time between the hours of S: A.M. and 6: P.M. of any day except Sundays and legal holidays on the Southerly side of East Graham Street between Main Street and the first alley East of Main Street. SECTION 2. It shall be unlawful for the operator of a vehicle to park the same at any time: (a) On the Easterly side of Main Street within fifty (50) feet of the center line of the driveway leading into the Fire Station or < the Westerly side of Main Street within forty (40) feet of a point opposite the center line of driveway leading into the Fire Station. (b) In an alley in the business district which is hereby de- fined for the purpose of this section as that portion of the City lying between Spring and Chestnut streets and between Sumner Street and the South City limits. (c) For a space of twenty (20) feet in fron of the office of any osteopathic or medical physician and surgeon. SECTION 3. The IJtayor and Council shall determin the location of passenger zones and truck zones. Passenger zones.shall be plainly designated by appropriate signs at those places determined by the Mayor and council, and the curb surface shall be designated by white paint, except that a passenger zone shall not exceed fifty (50) feet in length. Truch zones shall be plainly designated by appropriate signs at those places determined by the Mayor and Council, and the curb surface shall be designated by yellow paint, except that a truck zone shall not exceed twenty (20) feet in length. SECTION 4. A 'Bus" is defined as a vehicle of the capacity of ten or more passengers operated over an established route be- tween fixed termini, whether within or without the City of Elsinore, through authority of the California Railroad Commission or by per- mission of the City Council. A 'Bus zone" shall be an area parallel to the curb as design- ated by the City Council of the City of Elsinore for the exclusive use of busses as herein defined. A 'Bus stop" shall be defined as a passenger zone as regularly established under this ordinance and posted and used by established bus line for the loading and unloading of passengers. A bus stop shall not exceed sixty -five (651 feet in length. The surface of the curb of a bus zone shall be painted red for such distance as may be specified by the City Council, and signs shall be erected not more than fifty (50) feet apart indicating such bus zone. The driver of a vehicle other than a bus shall not stop, stand or park such vehicle near or c°gainst any red curb, nor shall the registered owner of a vehicle permit such vehicle to stop, stand or park near or aginst any red curb, except to avoid conflict with other traffic or by direction of a police officer. The driver of a bus shall not stop, stand or park such vehicle for a length of time longer than is necessary for the expeditious loading or unloading of passengers and in no event for a period of time longer than five (5) minutes. SECTION 5. PARKING TIME LIMITED IN SPECIFIED PLACES. (a) The operator of a vehicle shall not park such vehicle nor shall the registered owner thereof permit the same to be parked for longer than fifteen (15) minutes between the hours of 8:00 A.1 -. and 6:00 P.M. of any day except Sundays and holidays on the North- erly side of East Graham Street between Main Street and the first alley East of Main Street. 285 SECTION 6. Signs shall be erected and maintained not more !,than one hundred fifty (150) feet apart in each block designating the provisions of this Article IV. SECTION %. STANDING Oa PARKING CLOSE TO CURB. The operator ,of a vehicle shall not stop, stand or park such vehicle in a road - way, other than parallel with the curb and with the two right -hand '.whells of the vehicle within eighteen inches of the regularly '.established curb line, except that upon those streets which have been marked for angle parking as privided in this section, vehicles shall be parked at the angle to the curb indicated by such marks. The Council by resolution or the Chief of Police is hereby '.. .authorized to determine upon what streets angel parking shall be !'permitted and to indicate such places by the marking of lines, with Lpaint or otherwise, upon the Surface of the roadway to indicate the !proper angle for parking, provided, that such lines shall not be placed upon, nor shall angle parking be permitted upon any street" 'where such parking would diminish the width of the roadway avail- able for travel to less than twenty (20) feet, nor upon any street !which is a continuation of or part of a eou -ity truck line highway oria state highway unless a clear width of forty -(40) feet is left for the movement of vehicles when angle parking is permitted, nor shall any vehicle be permitted to park in any manner as to reduce the width of the roadway available to travel to less than twenty '(20) feat, nor upon any State Highway unless the surfaced roadway '.bet,.ceen curbs is more than sixty -five (65) feet in width. The Chief of Police is hereby authorized to prohibit the parking of vehicles, provided appropriate signs are placed and maintained to''.. give notice thereof, on one side of a street in any block where angle parking is permitted on the opposite side of the street '.. in such block/ SECTION 8. PARKING VEHICLES FOR SALE. It shall be unlawful for the operator of any vehicle to park the same upon any street for the purpose of displaying it for sale, or to park any vehicle upon any street in any business district from which said vehicle j merchandise is being sold. SECTION 9. BOARDING OR ALIGHTING FROM VEHICLES. It shall be 'unlawful for any person to board or alight from a vehicle while said vehicle is in motion. SECTION 10. RIDING ON CAR STEPS. It shall be unlawful for any person to ride upon the fender or running board of any vehicle. SECTION 11. RAILWAY TRAINS NOT TO BLOCK STREET. It shall be unlawful for the operator of any steam railway train or car to operate the same in such a manner as to prevent the use of any '.street for purposes of travel for a period of time longer than 'five (5) minutes. ARTICLE V PENALTIES SECTION 1. PENALTY. Any person violating any of the provision: of this ordinance, or any rule or regulation made by the Chief of '.Police pursuant thereto shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished for the first offense by a fine not to exceed Fifty Dollars ($50.00), or by imprisonment in the City 'Jail for not more than five (5) days; for a second offense within a � period of One (1) year from the date of the first offense, by a fine not to exceed One Hundred Dollars ($100.00), or by imprisonment in tl .City Jail for not more than ten (10) days, or by both such fine and imprisonment; for a third and each additional offense committed with. in one (1) year from the date of the first offense, by a fine not to 'exceed Three Hundred Dollars ($300.00), or by imprisonment in the 'City Jail for not more than three (3) months, or by both such fine :and imprisonment. SECTION 2. (a) If any vehicle is found upon a street or high - '.way in violation of any provision of this ordinance regulating the ''.stopping, standing or parking of vehicles, the Chief of Police is !hereby authorized and directed to remove and store the same in some ''.convenient garage at the expense of the owner, which expens shall be paid before the vehicle may be removed from storage. (b) 17henever any motor vehicle without an operator is found :parked in violation of any of the parking restrictions of this ord- inance, the officer finding it shall take its registration number Land any other information displayed on the vehicle which may '.identify itsrregistered owner or operator and affix conspicuously to such vehicle a notice in writing on a form provided by the city for the operator and registered owner to answer to the charge ,against him at a time and place specified in the notice, which time !shall be within twenty -four hours. The officer shall file one copy of such notice with the Chief of Police and one copy with the City Court. ' (c) Any registered owner or operator of a motor vehicle who wilfully neglects.to answer to the charges set forth in a notice affixed by a police officer in accordance with this section or who wilfully destroys the notice so affixed to the motor vehicle wi'thout', answering to the charge set forth therein shall be guilty of a mis- demeanor regardless of the disposition of the charge for which the notice was originally issued. SECTION 3. DISPOSITION OF FUSES AND FORFEITURES. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance, shall be paid into the City Treasury and depositec to a special fund, which is hereby created to be known as the "Street Fund ". There may be appropriated out of said fund such moneys as from time to time may be authorized by the Council for the purchase and maintenance of official traffic signs, signals, lights, and paint marks necessary to designate the provisions of this ordinance, and the balance of said fund shall be used exclus- ively in the construction, maintenance and improvement of public streets within this city. .SECTION 4. PROCEDURE UPON ARREST. (al Whenever any,persod is arrested for violating any pro- vision of this ordinance, the arresting officer shall take the violator's name, address, operator's license number and the regis- tration ntgber of the motor vehicle involved and issue to him in writing on a form provided by the City, a notice to answer to the charge against him within five (5) days at an hour and place spec- ified in the notice. The officer shall thereupon, and upon giving by the violator of his written promise to answer as specified in the notice, release him from custody. The arresting officer shall send one copy of such notice to the Chief of Police and one copy to the Citj' Court. (b) Any person who wilfully violates his written promise to appear, given in accordance with this section, shall be guilty of a misdemeanor, regardless of the disposition of the charge on which he was originally arrested. SECTION 5. EFFECT OF ORDINANCE. If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby de- clares that it would have passed this ordinance and each section, sub - section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub - sections, sentneces, clauses or phrases be declared unconstitutional. SECTION 6. REPEAL. All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed. ARTICLE VI SECTION 1. The City Clerk shall certify to the passage of this Ordinance and cause same to be published once in the Elsinore Local Press, a weekly newspaper of general circulation, published in the City of Elsinore, California, and hereby designated for that purpose ATTEST: Paul Kuenzli City Clerk of the C ty of Elsinore. I hereby approve the foregoing Ordinance this 27th. day of January, 1947. J. A. Tarpley Mayor of the City of Elsinore. STATE OF CALIFORNIA ) City of Elsinore ) SS. County of Riverside ) I Paul Kuenzli, the duly elected, qualified and acting Clerk of the City of Elsinore, California, do hereby certify that the foregoing Ordinance was duly and regularly introduced on the 13th. day of January, 1947, and passed and adopted at a regular meeting of said Council held on the 27th. day of January, 1947 by the following vote: AYq'S: Councilmen: Leslie Merrifield, Fred Stokes, John Allen, W. P. Smith and Mayor S.A. Tarpley. NOES: Councilmen: None ABSENT: Councilmen: None Paul Kuenzli City Clerk of the City c;of Elsinore 2f33