HomeMy WebLinkAboutOrd. No. 1947-268 CompleteF
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AN ORDIN CE OF THE CITY OF ELSI ?v ORE, CALIFORNIA, REwIATING
TRAFFIC UPON THE PUBLIC STREETS OF SAID CITY, AND REPE€iLING ALL
ORDINANCES I_\i CO:FLICT HEREWITH.
The City Council of the City of Elsinore does ordain as
follows:
ARTICLE I
DEF NN IT I ON S
SECTION 1. Iffhenever 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.
SIDE:' °TALK. That portion of a street between the curb lines an
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.
CROSS6`ALK. That portion of the roadway defined as a crosswal
by the provisions of the California Mlotor Vehicle Act.
LOADING ZONE. 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.
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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 steal
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 Motor Vehicle Act.
PARK. To stand a vehicle, whether- occupied or not, upon a
roadway .
OFFICIAL V'A.FNING AND D'IRECT'ION SIGNS AND SIGNALS. All warnir.
and direction signs and signals not inconsistent with this ordinan
heretofore or hereafter placed or erected under this ordinance 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 Etv1ERGI CY VEHICLE. Vehicles of the Fire Depart-
ment, Sherifffs Office, police vehicles, and such other vehicles
as are so defined in the California 111otor Vehicle Act.
ARTICLE II
AUTHORITY OF POLICE
TRAFFIC SIGNS AND SIGNALS
SECTION 1. - OBEDIENtCE 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,
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29 pose shall be uniform.
30 ivo provision of this ordinance for vahich signs are required sha
31 be enforceable against the alleged violator if at the time and place
32 of the alleged violation the sign herein required is not in proper
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I either in person or by means of visible or audible signal, and it
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shall be unlawful for any person to refuse or fail to comply with
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any lawful order, signal or direction of a traffic sign or police
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officer.
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(b) It shall be unlawful for any person to refuse or fail to
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comply with any lawful order; signal or direction of any person
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a ^pointed by the Chief of Police to control traffic at school
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crossings, provided that such person giving any order, signal or
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direction at such school crossings shall at the time be wearing som
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insignia, indicating such appointment. It shall be unlawful for
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any minor to direct or attempt to direct traffic unless authorized
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to do se by order of the "hief of Police.
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(c) It shall be unlawful for any person driving or operating,
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or causing to be propelled any vehicle, to fail to stop
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within fifty (50) feet of the nearest side of a school pedestrian
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land where any signal device, flagman or other person is strationed
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giving warning that children are about to cross or are crossing the
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street; and it is further declared unlawful to proceed until such
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signal has stopped, raised or been removed, or the flagman or per -
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son stationed at such pedestrian lane has gi-ven a signal to go, or
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has left the locality.
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SECTION 2. - SIGNS. The Council shall by resolution determine
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and designate the character of all official warning and direction
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signs and signals. Subject to this selection, the Chief of Police
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is hereby authorized, and as to those signs required hereunder it
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shall be his duty to place and maintain or cause to be placed and
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maintained all official warnings and direction signs and signals.
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All signs authorized and required hereunder for a particular pur-
29 pose shall be uniform.
30 ivo provision of this ordinance for vahich signs are required sha
31 be enforceable against the alleged violator if at the time and place
32 of the alleged violation the sign herein required is not in proper
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position and sufficiently legible to be seen by an ordinarily ob- l
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servant person.
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It shall be unlawful fo, any; person to place or maintain or
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to display upon or in view of any street any unofficial sign, signa
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or device which purports to be or is an imitation of or resembles
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an official traffic sign or signal, or which attempts to direct thel
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movement of traffic or which hides from view or interferes with the
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effectiveness of any official sign or signal. Every such prohibits
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sign, signal or device is hereby declared to be a public nuisance,
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and the Chief of Police is hereby empowered to remove the same, or
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cause it to be removed, without notice.
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It shall be unlawful for any person to wilfull> deface, injure
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move, obstruct or interfere with any official traffic sign or signa
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SECTION 3. - OBEDIENCE TO TRAFFIC SIGNS. It shall be unlaw-
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fu for any operator or pedestrian to disobey the instructions of
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any mechanical or electrical traffic signal, traffic sign or marks
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upon the street placed in accordance with the provisions of this
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ordinance, unless otherwise directed by a police officer, provided
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every sign or :nark made by the use of paint upon the curb shall
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bear thereon the official emblem of the Police Department.
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No public utility or department in this City shall erect or
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place any barrier or sign unless of a type first approved by the
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Chief of Police. It shall be unlawful for any operator or pedes-
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trian to disobey the instructions of any barrier or sign approved,
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as above provided, erected or placed by a public utility or by any
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department of this i3ity.
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Vihenever any mechanical or electrical traffic signal shall hav
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been installed to be operated by the public by means of push button
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or otherwise, it shall be unlawful 'or any person to unnecessarily
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operate or tamper with the same or cause the same to be operated
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except for the bona fide puspose of controlling traffic to permit
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pedestrians to cross the street in safety.
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SECTION 4. TRAFFIC STOP AND GO SIGNAL LEGEND. Whenever traffic
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at any intersection is regulated by a stop and go mechanical or
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electrical signal, the following colors may be used, and none other
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and those colors herein authorized shall indicate as follows:
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RED, except in flashing signals, requires that traffic shall
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stop and remain standing.
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GREEN, requires that'traffi.c shall move and continue in motion
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except when stopped for the purpose of avoiding an accident or in
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the event of other emergency or when stopped at the command of a
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police officer.
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AMBER, shall indicate preparation for a change in the direc-
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tion of traffic movement. Unen amber is shown no traffic shall
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enter the intersection until a green or "GO" signal is shown.
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BELLS. The ringing of a bell in connection with any mechanica
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or electrical traffic signal shall indicate preparation for a chang
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in the direction of traffic movement. 'Ahen such bell is sounded no
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traffic shall enter the intersection until a green or "GO" signal
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is shown.
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SECTION 5. CHIEF OFF POLICE RE'y IRED TO ESTABLISn CROSS- _VU,.LKS.
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The Chief of Police is hereby authorized and required to establish
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and maintain and to designate upon the surface of the roadway, by
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appropriate devices, marks or white lines, crosswalks approximately
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equal in width to the adjacent sidewalk at all intersections where
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in his opinion there is particular danger to pedestrians crossing
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the roadway.
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; "ihen crosswalks are established and maintained outside a
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business district, the Chief of Police shall by appropriate devices
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marks or white lines,mark and maintain along the surfact of the
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roadway an arrow not less than twelve (12) inches wide in the shaft
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and not less than thirty (30) feet long, pointing in the direction
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of such crosswalk, together with the word SLOW in block letters
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not less than twenty -four (24) inches high and not less than four
(4) inches wide, one hundred (100) feet distant from each cross -
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walk so established.
SECTION 6. - POLICE AND FIRE VEHICLES EXEtv1PT FROM, CERTAIN RUI
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
RULE'S FOR DRIVING
SECTION 1. - 'duri P? TURNING AROUND AT TIITERSECTIONS PROHIBITED:
(a) The operator of a vehicle shall not make a U -turn at the
following intersections:
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 comp3stely reverse the direction in which
his 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. - V'11HICLES STALL NOT BE DRidEiv ON SIDE`r',ALKS. The
operator of a vehicle shall not drive within any sidewalk_ area ex-
cept at a permanent or temporary= driveway.
SE;CTI01 4. - CERTAL: VEHICLES PROHIBITED Iv 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.14. and 6:00 P.;. of any day except Sunday,
unless such vehicle is specifically permitted to do so by the Chief
of Police:
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(1) Any vehicle so loaded that any part of its load extends
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more than three (3) feet to the front or more than ten (10) feet t
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the rear of said vehicle.
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SECTION 5. - BOULEVARD STOPS: The following streets and parts
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of streets are hereby declared to constitute boulevards for the
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purpose of this section:
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Every, operator of a vehicle traversing any street intersecting
any boulevard shall bring such vehicle to a full stop at the place
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where such street meets the prolongation of the nearer property lin
of such boulevard.
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The Chief of Police is hereby authorized and required to place
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and maintain, or cause to be placed and maintained, upon each and
every street intersecting a boulevard and at or near the property
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line of the boulevard, stop signs conforming to the requirements of
the California Vehicle Act.
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SECTI(7N 5. - FOLLO'vING FIRE APPARATUS PROHIBITED. It shall be
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unlawful for the operator of any vehicle other than one on official
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business, to follow any fire apparatus traveling in response to a
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fire alarm closer than one block or to park any vehicle within the
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block where fire apparatus has stopped in answer to a fire alarm.
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SECTION 7. - CR.OSSING FIRE HOSE. No vehicle shall be drawn
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over any unprotected hose of the Fire .Department when laid down on
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any street or private driveway to be used at any fire or alarm of
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fire, without the consent of the Fire Chief or the assistant in
command.
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SECTION 8. - The operator of a vehicle shall not back the
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same unless such movement can be made in safety and without hazard.
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SECTION 9. - BICYCLE RIDING RESTRICTED. It shall be unlawful
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to ride a bicycle upon any sidewalk. The rider of a bicycle upon
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a roadway shall ride as nearly as practicable within five (5) feet
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of the right -hand curb or edge of the roadway except when passing
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a standing or other vehicle or making a left -hand turn at an inter
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section.
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SECTION 10. - RIDING ON HANDLE BARS PROHIBITED. It shall be
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unlawful for the operator of any bicycle or motor -cycle when upon
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a street to carry any other person upon the bar, handle or tank of
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any such vehicle or for any person to so ride upon any such vehicle
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SECTION 11. - li1\TIA -',&UL TO DRIVE THROUGH F'UNE'RAL PROCESSION'.
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It shall be unlawful for the operator of any vehicle to drive be-
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tween the vehicles comprising a funeral procession provided that
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such vehicles are conspicuously* so designated.
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SECTION 12. - CLINGING TO �OVIIdC VEHICLES. It shall be unlaw-
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for any person traveling upon any bicycle, motor -cycle or any
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toy vehicle to cling to or attach himself or his vehicle to any
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other moving vehicle upon any roadway.
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SECTION 15. - USE OF COASTERS, ROLLER= SKATES AND Slit'tILAR DE-
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VICES RESTRICTED. It shall be unlawful for any person upon roller
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skates or riding in or by means of any coaster, toy vehicle or
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similar device to go upon any roadway or upon the sidewalk in a
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business district.
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ARTICLE IV
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STOPPING, STANDING AND PARKING
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A SECTION 1. It shall be unlawful for the operator of a vehicle
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to stop said vehicle for a period of time longer than is necessary
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for the expeditious loading or unloading of passengers or materials
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at any time between the hours of 8:00 A.ic. and 6:00 P.M. of any day
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except Sundays and legal holidays on the Southerly side of East
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Graham Street between viain Street and the first alley East of :slain
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Street.
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SECTION 2. It shall be unlawful for the operator of a vehicle
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to park the same at any time.
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(a) On the Easterly side of ',slain Street within fifty (50)
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feet of the center line of the driveway leading into the Fire
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Station or on the 'VVesterly side of Main Street within forty (40)
feet
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of a point opposite the center line of the driveway leading
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into the Fire Station.
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(b) In any alley in the business district which is hereby
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defined for the purpose of this section as that portion of the city
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lying between Spring and Chestnut Streets and between Slnmzer Street
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and the South city limits.
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(c) For a space of twenty (20 feet in front of the office of
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any osteopathic or medical physician and surgeon.
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SECTION 3. The vlayor and Council shall determine the location
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of passenger zones and truck zones.
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Passenger zones shall be nla.inly designated by appropriate
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signs at those places determined by the =layor and Council, and the
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curb surface shall be designated by white paint, except that a
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passenger zone shall not exceed fifty (50) feet in length.
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Truck zones shall be plainly designated by appropriate signs
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at those places determined by the Mayor and Council, and the curb
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surface shall be desi�mated by yellow paint, except that a truck
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zone shall not exceed twenty (20) feet in length.
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SECTION 4. A "Bus" is defined as a vehicle of the capacity
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of ten or more passengers operated over an established route be-
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tween fixed termini, whether within or without the City of Elsinore;
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through authority of the California Railroad Commission or by per -
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mission of the City Council.
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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
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use of busses as herein defined.
A "Bus stop" shall be defined as a passenger zone as regularl
established under this ordinance and posted and used by any estab-
lished bus line for the loading and unloading of passengers. A bus
stop shall not exceed sixty -five (65) 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 si
shall be erected not more than fifty (50) feet apart indicating su
bus zone.
The driver of a vehicle other than a bus shall not stop, stead
or park such vehicle near or against any red curb, nor shall the
registered owner of a vehicle permit such vehicle to stop, stand
or park near or against 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. - DIURKING TIItiIE LIMITED L`d SPE'CIF'IED PTACES.
(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 3:00 A.m.
and 6:00 P.-M. of any day except Sundays and holidays on the Norther
ly side of East Graham Street between Blain Street and the first
alley .East of :slain Street.
SECTIG`: 6. Sites shall be erected and maintained not more
than one hundred fifty;' (150) feet apart in each block designating
the provisions of this Article IV.
SECTIO -N 7. - STJMDI:'.uG OR 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
wheels of the vehicle within eighteen inches of the regularly
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established curb line, except that upon those streets which have
been marked for angle parking as provided 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 angle parking shall be
permitted and to indicate such places by the marking of lines, with
paint or otherwise, upon the surfact 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 county truck line highway
or a state highway unless a clear width of forty (40) feet is left
for the movement of vehicles when angle parking is permitted, nor
shall anv vehicle be permitted to park in any :Wanner as to reduce
the width of the roadway available to travel to less than twenty
(20) feet, nor upon any State Highway unless the surfaced roadway
between curbs is more than sixty -five (05) feet in width.
The Chief of Police is hereby authorized to prohibit the park-
ing of vehicles, provided appropriate signs are placed and main-
tained to give notice thereof, on one side of a street in any blocl
where angle parking is permitted on the opposite side of the streei
in such block.
SECTION S. - PARING vIEH ICLBS FOR SALE. It shall be unlawful
for the oiler "ator 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
merchandise is being sold.
Sy'CTION 9. - BOAFwI G OR i LIGHTING FROM VEHICLES. It shall
be unlawful for any person to board or alight from a vehicle while
said vehicle is in motion.
SECTIO.i 10. - RIIivG OSd CAR STEPS. It shall be unlawful for
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1' any person to ride upon the fender or running board of any vehicle.
2 SECTION 11. - RAIL'WAY TRAINS NOT TO BLOCK STREET. It shall
3 be unlawful for the operator of any steam railway train or car to
4 operate the same in such a manner as to prevent the use of any
5 street for purposes of travel for a period of time longer than
6 five (5) minutes.
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8 ARTICLE V
9 PENALTIES
10 SECTION l.- P :MALTY. Any person violating any of the pro -
11 visions of this ordinance, or any rule or regulation made by the j
12 Chief of Police pursuant thereto shall be guilty of a misdemeanor,
13 and upon conviction thereof, shall be punished for the first off ens
14 by a fine not to exceed Fifty Dollars (850.00), or by imprisonment
15 in the City Jail for not more than five (5) days; for a second
16 offense within a period of One (1) year from the date of the first
17 offense, by a fine not to exceed One Hundred Dollars ($100.00), or
18 by imprisonment in the City Jail for not more than ten (10) days,
19 or by both such fine and imprisonment; for a third and each addi-
20 tional offense committed within one (1) year from the date of the
21 first offense, by a fine not to exceed Three hundred Dollars (4,300. (0)
22 or by imprisonment in the City Jail for not more than three (3)
23 months, or by both such fine and imprisonment.
24i SECTION 2. (a) if any vehicle is found upon a street or high -
25 way in violation of any provision of this ordinance regulating the
26 stopping, standing or parking of vehicles, the Chief of Police is
27 hereby authorized and directed to remove and store the same in some
28 convenient garage at the expense of the owner, which expense shall
29 be paid before the vehicle may be removed from storage.
30 (b) Vvihenever any :rotor vehicle without an operator is found
31 parked in violation of any of the parking restrictions of this ord-
32 inance, the officer finding it shall take its registration. number
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and anv other information displayed on the vehicle which may
identify its registered oemer or operator and affix conspicuously
to such vehicle a notice in writing on a form provided by the city
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or 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 witho
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 FINES 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 provisi
of this ordinance, shall be paid into the City Treasury and deposit
to a special fund, which is hereby created to be known as the
"Street Fund". There may be appropriated out of said fund such
noneys 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 kRhEST.
291 (a) 'Whenever any person is arrested for violating any pro -
30 vision of this ordinance, the arresting officer shall take the
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iolator's name, address, operator's license number and the regis-
tration number of the motor vehicle involved and issue to him in
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I writing on a form provided by the City, a notice to answer to the
2 charge against him within five (5) days at an hour and place spec -
3 ified in the notice. The officer shall thereupon, and upon giving
4 by the violator of his written promise to answer as specified in
5 the notice, release him from custody. The arresting officer shall
611send one copy of such notice to the Chief of Police and one copy to
7 the city Court.
8 (b) Any person who wilfully violates his written promise to
9 appear, given in accordance with this section, shall be guilty of a
10 misdemeanor, regardless of the disposition of the charge on which he
11 was originally arrested.
12 SECTION 5. - EFFECT OF 0`r.DINA_,C E. If any section, sub- section,
13 sentence, clause or phrase of this ordinance is for any reason held
14 to be unconstitutional, such decision shall not affect the validity
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15 of the remaining portions of this ordinance. The Council hereby de-
"m 16 Glares that it would have passed this ordinance and each section,
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�W subsection, sentence, clause and phrase thereof, irrespective of
N a �
m 18I the fact that any one or more sections, sub - sections, sentences,
19 clauses or phrases be declared unconstitutional.
20 SECTION 6. - REP.L L. All ordinances or parts of ordinances in
21 conflict with or inconsistent with the provisions of this ordinance
22 are 'hereby repealed.
23
24 ARTICLE VI
25 SECTION 1. The City Clerk shall certify to the passage of this
26 Ordinance and cause same to be published once in the Elsinore Local
27 press, a weekly newspaper of general circulation, published in the
28 City of Elsinore, California, and hereby designated for that purpose
29ATTEST: !4'
City C� � ty of
30 Elsinore.
31 1 hereby approve the foregoing Ordinance this 27th day of
32 January , 1347.
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STATE OF CALIFORNIA)
City of Elsinore ) SS.
County of Riverside)
I, Paul Kuenzli, the duly elected, qualified and acting
Clker 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:
AYES: Councilmen: Leslie Merrifield,Fred Stokes,John Allen
W.P.Smith & Mayor J.A.Tarpley
NOES: Councilman: None
MSu7T: Councilman: None
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nore.