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HomeMy WebLinkAboutOrdinance #1157 ORDINANCE No. 1157 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 60 AND ALL AR- TICLES AND SECTIONS THEREOF; REPEALING ARTICLES 6149 615, 6,16 of CHAPTEA 61 AkD ADDING NEW CHAPTER 60 and ARTICLES 601 ; 60_, 603, 6o4-, 605 and 606 and 607 TO THE HUNTINGTON BEACH ORDINANCE CODE. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Chapter 60 and all articles and sec- tions thereof and' Articles 614, 615 and 616 of the Hunting- ton Beach Ordinance Code are hereby repealed. Section 2. That Chapter 60 is hereby added to the Hunt- ington Beach Ordinance Code to read in words and figures, as follows : CHAPTER 60 GENERAL ARTICLE 601 - Definitions 602 - Enforcement 603 - Control Devices 60 - Turning Movements 605 - Miscellaneous Driving Rules 606 - Pedestrian Regulations 607 - Trains Section 3. That Article 601 is hereby added to Chapter 60 of- the Huntington Beach Ordinance Code to read in words 1. Ord, No. 1157 and figures, as follows : ARTICLE 601 DEFINITIONS Section 4. That the following sections are hereby add- ed to Article 60 of the Huntington Beach Ordinance Code to read in words and figures, as follows: Section 6011 Definitions of Words and Phrases. The following words and phrases when used in this ordi- nance shall for the purpose of this ordinance have the meanings respectively ascribed to them in this article. la NO.1157 Section 6011.1 Motor Vehicle Code Definitions to be Used, Whenever any words or phrases used herein are not defined.but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply. Section 6011. 2 Coach. Any motor bus , motor coach, track- less Trolley, or passenger stage used as a common carrier of passengers. Section 6011,3 Council. The Council of the City of Huntington Beach. Section 6011,4 Curb. The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word "curb" as herein used shall not include the line deviding the roadway of a street from patking strips in the center of a street, nor from tracks or rights of way of public utility companies. Section 6011.5 Divisional Island. A raised island located in the roadway and separating opposing or conflicting streams of traffic. Section 6011.6 Loading Zone. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Section 6011.7 Official Time Standard. Whenever certain hours are named herein, they shall mean standard time or day- light saving time as may be in current use in this city. Section 6011.8 LELhway. That portion of a street other than 6 roadway or a sidewalk. 2. dkd: No. 1157 Section 6011.9. Parking Meter. A mechanical device in- stalled within or upon the curb or sidewalk area, immediate- ly adjacent to a parking space, for the purpose of controll- ing the period of time occupancy of such parking meter space by any vehicle. Section 6011.10 Passenger Loading Zone. The space adja- cent to a curb reserved for the exclusive use of vehicles dur- ing the loading and unloading of passengers. Section 6011.11 Pedestrian. Any person afoot. Section 6011.12 Police Officer. Every officer of the Police Department of this city or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Section 6011.13 Stop.' When required, means complete cessation of movement. Section 6011.14 Vehicle Code. The Vehicle Code of the State of California Section 5. That Article 602 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 602 ENFORCEMENT - Section 6. That the following sections are hereby add- ed to Article 602' of the Huntington Beach Ordinance Code to read in words and figures , as follows : 3- Ord:: .No.115 7 Section 6021 Authority of Police and Fire Department Officials. Officers of the Police Department and such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, "hand, audible or other signal in conformance with traffic laws , except that In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire Department may direct traffic as condit- ions may require, notwithstanding the provisions to the con- trary contained- in this ordinance or the Vehicle 'Code. Section 6021.1 Persons Other than Officials Shall Not Direct Traffic. No 5 person other than an officer of the Police Department or a person authorized by the ' Chief of Police or ,a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as herein provided, any mechanical pushbutton signal erected by order of the Director of Public Works. Section 6021.2 Obedience to Police or Authorized Officers No person sh 1 fall or refuse to comply wit h -br-t-o—per- form any act forbidden by any lawful order, signal, or direct- ion of a traffic or police officer, or a member of the Fire Department, or a person authorized by the Chief of Police or by law. Section 6021.3 Traffic Regulations A y to Persons Riding Bicycles or Animals. Every person riding a bic`y­cle or driving an anima upona highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions which by their very nature can have no application. Section 6021.4 Obstruction or Interference with Police or Authorized Officers. No person shall Interfere with or 6bst struct in any wa.y .any police officer or other officer or em- ployee of this," city in their enforcement of the provisions of this ordinance. The removal, obliteration or c9ncealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in -connection with the enforcement of the parking regulations of this ordinance, constitute such interference or obstruct- ion. Section -6021.5- Public Employees to Obey Traffic Regulations. The provisions of this ordinance shall apply to the operator of any vehicle owned by or used in- the service of the United States Government, this state, any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this ordinance except as otherwise permitted in this ordinance or by the Vehicle Code. Section 6021.6. Exemption of Certain Vehicles. (a) The provisions of this ordinance regulating the 4. Ord. No 1157 operation, parking and standing of vehicles shall not only apply to vehicles operated by the Police or Fire Department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call. (b) The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others. (c) The provisions of this ordinance regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States Mail. Section 60 wort of Damage to Certain Property. (a) The operator 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 a public utility, including but not limited to any fire hydrant, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic control device or other property of a like nature located in or along any street, shall within twenty-four (24) hours after such accident make a written report of such accident to the Police Department of this city. (b) 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 operating or in charge of such vehicle or animal., the license number of every such vehicle, and shall briefly describe the property damage in such accident. (c) The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report, but in such event he shall make a report as required in subdivision (a ) within 24 hours after regaining ability to make such report. Section 6021.8 When Vehicles May Be Removed From Streets. Any regularly employed and salaried officer of the- Police 5. ard-,'o No. 1157 Department of this city may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours, (b) Any vehicle which is parked or left standing upon a street or highway between the hours of 7:00 A.M. and 7:00 P.M. when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice Of such removal. (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installa- tion of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or inter- fere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the :V-ftoval. 6. Ord. No. 1157 Section 7. That Article 603 is hereby added to the Huntington Beach Ordinance code to read in words and figures, as follows : ARTICLE 603 CONTROL DEVICES Section 8. That the following sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : Section 6031 Authority to Ins-tall Traffic Control Devices. (a ) The Director of Public Works shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as re- quired to make effective the provisions of this ordinance* (b) Whenever the Vehicle Code requires, for the ef- fectiveness of any provision thereof, that traffic control devices, be-installed to give notice to the public of the ap. plication of such law, the Director of Public Works is hereby authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. (c) The Director of Public Works may also place and. maintain or cause to place and maintain such additional traff- ic control 'devices as he may deem necessary or property to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic en- gineering principles and traffic investigations and in accord- ance with such standards , limitations, and rules as may be set forth in this ordinance or as may be determined by ordi- nance or resolution of the Council. Section 6031.1 Traffic Control Signs Required for EnforcemenE Purposes. No provision of the Vehicle Code or of this ordinance for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws. 7. Ord. No. 1157 Section 6031.2. Obedience to Traffic Control Devices. The operator of any vehicle or' train shall obey the instructions of any official traffic control device placed In accordance with this ordinance unless otherwise directed by a police officer or other authorized person subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. Section 6031.3 Installation of Traffic Signals. (a ) The Director ofPuElic Works is hereby directed to install and maintain official traffic signal.s at -those inter- sections and other places where traffic conditions are such as to require that the flow of traffic be alternately Inter- rupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. (b) The Director of Public Works shall ascertain and determine the' locations where such signals are required by field investigation, traffic counts and. other traffic informa- tion as may be pertinent and his determinations therefrom shall be made in accordance with those e traffic engineering and safety standards and instructions set forth in the Califor- nia Maintenance Manual issued by the Division of Highways of the State Department of Public Works, (c) Whenever the Director of Public Works installs and maintains an official traffic signal at any intersection he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at -any such intersection. Section 6031.4 Lane Marking; . The Director of Public Works is authorized hereby to mark center lines and lane lines upon the surface of the road- Way to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. Section '031.5 Distinctive Roadway Mark The Director of Public Works is authorized to place �N%aintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such markings or signs and markings, Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code. 8. Ord. N0.1157 Section 6031.6 Authority to Remove, Relocate and Discontinue Traffic Control Devices. The' Director of Public Works is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this ordinance whenever he shall determine in any particular case that the conditions which warranted or re- quired the installation no longer exist or obtain. Section- 6031._7 Traffic Control Devices : Hours of Operation. The Director of Public Works shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this ordinance. Section 6031.8 Unauthorized Painting of Curbs. No person, unless authorized by this City, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or ordinance of this city pertaining thereto. Section 9. That Article 604 is hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : ARTICLE 604 TURNING' MOVEMENTS Section 10. That the following sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : Section 6041 Authority to Place Turning Markers. Intersections. The Director of Public Works is authorized to place official traffic control devices within or adjacent to inter- sections and indicating the course to be traveled by vehicles turning at such intersections and the Director of Public liorks is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns , and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance 9. Ord. No. 1157 Section 6041.1 Authority to Place Restricted Turn SiLLIS. The Director of Public Works is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place prop- er signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours , in which event the same shall be plainly indi- cated on the signs or they may be removed when such turns are permitted. Section 6041. 2 Signal Controlled Intersections Right Turns. (a) No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign- posted giving notice of such restriction as hereinafter pro- vided in this section. (b) The Director of Public Works shall post appropri- ate signs giving effect to this section where he determines that the making of right turns against traffic signal f1stop" indication would seriously interfere with the safe and orderly flow of traffic. Section 11. That Article 605 of hereby added to the Huntington Beach Ordinance Code to read in words and figures, C. as follows : ARTICLE 605 MISCELLANEOUS DRIVING RULES Section12. That the following sections are hereby added to Article 605 of the Huntington Beach Ordinance Code, to read in words and figures , as follows : Section 6051 Driving Through Funeral Processions. No operator of any vehicle shall drive between the vehicles comprising a funeral procession or a parade, provided that such vehicles are conspicuously so designated. The di- recting of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be sub- ject to the orders of the Police Department. 10. Ord. No. 1157 Section 6051.1 Clinging to Moving Vehicle. No person shall attach himself with his hands, or to catch on, or hold on to with his hands or by other means , to any moving vehicle or train for the purpose of receiving motive power therefrom. Section 6051.2 Co,-Pmercial Vehicles Using Private Driveways. No person shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicating that the use of such driveway is prohibited. C, For the purpose of this section a commercial vehicle shall mean a vehicle having a rated capacity in excess of one- half ton. Section 6051.3 RidinE or Driving on Sidewalk. No person shall ride, drive, propel, or cause to be propelled anyvehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that said sidewalk area be substantially protected by Wooden planks two inches thick, and written permission be previously obtained from the Director of Public Works. Such- wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m. Section 6051,4 New Pavement and Markings,. No person shall ride or drive any animal or any vehic- le over or across any newly made pavement or freshly painted markings in any street when a barrier sign, cone marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or When any such de- vice is in place indicating that the street or any portion thereof is closed. Section 6051-5 Obedience to Barriers and Signs. No person, public utility or department in the City shall erect or place any barrier or sign on any street unless of a type approved by the Director of Public Works or disobey the instructions , remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person,, public utility or by any department of this city. Section 6051.E No Entrance into Intersection That Would Obstruct Traffic. No operator of any vehicle shall enter any intersection Ord. No. 1157 or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles, or pedestrians, notwithstanding any traffic control signal indication to proceed. Section 12. That Article 606 is hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : ARTICLE 606 PEDESTAIAgS-REGULATIONS Section 13. That the following sections are hereby added to Article 606 of the Huntington Beach Ordinance Code to read in words and figures, as follows : Section 6061 Traffic .Engineer to Establish Marked Crosswalks. (a ) The Director of Public Works shall establish, designate and maintain crosswalks at intersections and other places by 'appropriate dev-ices , marks or lines upon the surface of the roadway as follows : Crosswalks shall 'be established and maintained at all intersections within the central traffic dis- trict and at such intersections outside such dis- trict, and at other places within or outside said district where the Director of Public Works deter- mines that there is particular hazard to pedes- trians crossing the roadway subject to the limita- tion contained in (b) of this section. (b) other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred (400) feet in length and such crosswalk shall be located as nearly as practicable at mid-block. (c) The Director of Public Works may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. 12. Ord. No. 1157 Section 6061.1 WhR�ih- Pedestrians Must Use Crosswalks. No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or in any business district. Section 14. That Article 607 is hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows : ARTICLE 6o7 TRAINS Section 15. That the following sections are hereby added to Article 607 of the Huntington Beach Ordinance Code, to read in words and figures, as follows : Sectj2a_60Zl. Railway Gates. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad grade cross- ing while such gate or barrier is closed or is being opened or closed. Section 6071—.1 Trains Not to Block Crossings. No person shall cause or permit any railway train or railway cars or similar vehicle on rails to stop or stand or to be operated in such a manner as to prevent the use of any street for the purposes of travel for a period of time longer than ten (10) minutes, except that this provision shall not apply to railway trains, cars or similar vehicles on rails while blockifig or obstructing a crossing because of an accident which requires the operator of the train, car or similar ve- hicle on rails to stop at or near the scene of the accident. Section 16. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the 13. Ord. No 1157 same to be published by one insertion in the Huntington Beach News , a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect - and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 16th day of Au.just , 196Ss Mayor Pro Tem ATTEST: City C OVED AS T JAMES D. PLUNKETT City Attorney 14. Ord. No. 1157 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-of- ficio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of August , 1965, and was again read to said City Council at a regular meeting thereof held on the 16th day of August , 1965, and was passed and adopted by the affirmative vote of more than a majoruty of all the members of said City Council. AYES: Councilmen: Welch, Lambert , Stewart NOES: Councilmen: None ABSENT: Councilmen: Gisler, Shipley City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California