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Ordinance Number 285ORDIN.INCF: NO. 285 'rIIAFFI (' I t bXl LN,.4'PTONS AN LIRGF.NCY ORDINANCE OF TDP: CITY OF SAN JUAN CAPIS^t RANO ]'ROVIDING !'OR VEHICLE REGULATIONS WITHIN TM-,' CITY LIMITS OF THE CITY OF SAN JUAN CAM STRANO, PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND REPEALING ORDINANCE NO. 84 The City Council of the City of San Juan Capistrano does ordain as follows: ARTICLE 1. GENERAL REGULATIONS SECTION 1. Unlawful to ride or drive on sidewalk. (a) Vehicle defined. The term "vehicle" as used in this Section shall include every animal drawn or self-propelled vehicle, and bicycles. (b) Vehicles not permitted on sidewalks. It is hereby declared unlawful for any person to drive any vehicle upon any sidewalk within the City of San Juan Capistrano, or obstruct any such sidewalk by the passage or con- veyance of any vehicle. (c) Animals not permitted on sidewalks. It shall be and is hereby made unlawful for any person or persons to ride, lead, drive or propel any horse, or other beast of burden upon any sidewalk in this City, or to use, or obstruct any such sidewalk by the passage or conveyance of any such animal. SECTION 2. Use of certain tires restricted. It shall be unlawful for any person, firm or corporation, to operate or drive a motor or other vehicle along, upon or over any City street, or highway or bridge of the City of San Juan Cap- istrano when such vehicle is equipped with tires, the outer cir- cumference of which have a flat space or spaces thereon, which pound the surface of such street, highway or bridge, and/or as restricted by Section 27454 of the Vehicle Code of the State of California. SECTION 3. Heavy traffic. (a) Defined. Heavy traffic for the purpose of this Section is hereby defined to be any vehicle regardless of the motive power thereof, carrying a load including the weight of the vehicle in excess of twelve thousand pounds. (b) Resolution to prohibit heavy traffic. Whenever the City Council of the City of San Juan Capistrano shall by resolution prohibit heavy traffic on any city street, highway or boulevard of the City and the said street or highway shall be posted as hereinafter provided, it shall be un- lawful for any person to use said street or highway for the purpose of heavy traffic. (c) Posting sign. Whenever the City Council shall pass a resolution prohibiting heavy traffic upon any street or highway in the City of San Juan Capistrano, the said City Council shall cause to be posted upon said street or highway at the intersection of said street or highway with all other streets and highways at or near each of such intersections a sign upon which shall be printed in letters, not less than two inches in height, the words "HEAVY TRAFFIC PROHIBITED." SECTION 4. Penalty. Any person who shall violate any provisions of this Article shall be deemed guilty of an infraction and upon convic- tion thereof shall be punishable by a fine not exceeding $250.00. 178 ARTICLE U, I'AkIC1NG, SECTi:ON 1. The City Council of the City of San Juan Capistrano may by resolution: (a) Designate certain streets or portions of streets as "No Parking" areas; (b) Designate portions of street as "Leading Zone." (c) Designate portions of streets as "flus Stops." (d) Designate portions of streets as "Passenger Loading Zones." SECTION 2. Parking time limits. (a) Loading zones. (1) It shall be unlawful for the operator of any motor vehicle to park or stop the same in any loading zone for any purpose other than the unloading or loading of passengers or mat- erials, provided that no stop for the loading or unloading of pass- engers shall be made for more than (5) five minutes, and provided that no stop for the loading or unloading of materials shall be made for more than twenty (20) minutes. (b) Bus stop. It shall be unlawful for the operator of any motor vehicle to stop or park said vehicle immediately adjacent to or opposite any curbing in the City of San Juan Capistrano which has been designated as a "Bus Stop" or where there are no curbings, the loading or unloading of passengers or freight; provided that no stop for the loading or unloading of passengers or freight shall be made for more than five (5) minutes. (c) No parking. It shall be unlawful to park any motor vehicle immediately adjacent to or opposite any curb which has been paint- ed red and which has been marked to indicate or bear a sign indic- ating that no parking is permitted or, where there are no curbings, within any area which has been signposted as a "No Parking" area. (d) Maximum parking time limit. No operator of any vehicle, including but not limited to any vehicle tractor, truck, any piece of farm machinery or spec- ial purpose machine and any type of trailer, except trailer coaches which are restricted as provided in Sub -section (e) herein, shall park the vehicle on any street or highway for more than seventy- two (72) consecutive hours. All police officers of the City of San Juan Capistrano shall be and they are hereby authorized and empowered to remove or cause to be removed all vehicles parked or left parked upon any street or highway for seventy-two (72) or more consecutive hours in violation of this section, and the owner or operator of said vehicle shall be liable for any reasonable towing and storage charges. (e) Trailer coach, camp car. It shall be unlawful for any person to camp overnight or to park a trailer coach or camp car as defined in the State Health and Safety Code, Sections 18001 and 18001.1, overnight upon any public highway, including any part of the right of way thereof. (f) Vehicle not in condition to be lawfully operated. It shall be unlawful to park, stop or leave sitting for a period of time longer than twelve (12) consecutive hours upon any public street or highway in the incorporated area of the City of San Juan Capistrano, any vehicle not in a condition to be law- fully operated on the public highways. (g) Traffic regulation of State highways. Any provisions of Sub-socti.ons (d), (e) and (f), which regulate traffic or delegates the regulation of traffic upon State hignways in any way for which approval of the Department of Public Works is required by State law shall cease to be operative six (6) months after receipt by the City Council of a written notice of withdrawal after approval of the Department of Public Works. SECTION 3. Warning signs. It shall be the duty of the Director of Public Works/City Engineer of the City of San Juan Capistrano to designate: (a) Bus Stop zones by painting the curb adjacent to such zones white, with the words "Bus Stop" painted with black letters thereon, the areas of such bus stops to be determined by the Director of Public Works/City Engineer of the City of San Juan Capistrano. Where there are no curbs, the bus stop shall be designated by post- ing a sign at each end of the zone indicating that the area is a "Bus Stop." (b) No parking areas by painting the curb adjacent to such areas red, with the words "No Parking" painted thereon in white, or a sign indicating that no parking is permitted. Where there are no curbs, no parking areas will be designated by posting a sign at each end of the area, and at intervals of not more than eight hundred (600) feet within the area indicating that the area is a "No Parking" area. (c) Passenger loading zones by painting the curbs adjacent to such zones white, with the words "Passenger Loading Zone" painted with black letters thereon. SECTION 4. Tow Away Zone. Whenever the City council by resolution shall have established any area as a "No Parking Area" as in this Article provided, the City Council may, at the same time or thereafter, by resolution determine that any one or more of the circumstances described in Section 22652 of the Vehicle Code of the State of California exist as to such area, designated any area as a "Tow Away Zone" it shall be the duty of the Director of Public Works Director/City Engineer of the City of San Juan Capistrano to cause signs to be posted, giving notice that any vehicle parked in such "Tow Away Zone" may be removed. SECTION 5. Vehicle Repair. It shall be unlawful to repair, dismantle, overhaul, or per- form any mechanical work upon a vehicle, trailer, camp car or trailer coach on any part of any public street or highway in the incorporated area, except to replace or otherwise repair a tire or to make emer- gency repairs to enable such vehicle to be removed to a proper place. SECTION 6. Penalty. Any person violating any provision of this Article shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine not exceeding $250.00. SECTION 7. Parking on other streets not specifically designated. As provided in the California Vehicle Code, Section 22502 "except as otherwise provided in this chapter, every vekicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right hand wheels of such vehicle parallel with and within eighteen (18") inches of the right hand curb. Where no curb or barriers bound any roadway, right hand parallel parking is required unless otherwise indicated. This Section does not apply to commercial vehicles when loading or unloading merchandise or pass- engers." IN P RTICLE II f , SPEED I.I:S'PS SECTION 1. Speed Limits Established On the basis of an engineering and traffic survey, the - City Council; pursuant to Sections 22357 and 72353 of the Vehicle Code hereby declares the prima facie speed limit shall be as herein set forth on those streets or parts of strera.s herein des- ignated when signs are erected giving notice thereof: Name of Street or Portion Affected Prima Facie Speed Limit Alipaz Street between Camino Del Avion and Del Obispo Street 35 MPH Avenida Aeropuerto between Camino Capistrano and San Juan Creek - 30 MPH Camino del Avion between Del Obispo Street and Alipaz Street 35 25 MPH Camino Capistrano between southerly and Ortega Highway City Limits and San Juan Creek Road 40 MPH Camino Capistrano between San Juan Creek Road 40 Road and La Zanja Street 25 MPH Camino Capistrano between La Zanja Street and Oso Road 35 MPH Camino Capistrano between Oso Road and northerly City Limits 40 MPH Camino Las Ramblas between San Diego Freeway and Avenida Calita 40 MPH Del Obispo Street between southerly City Limits and Alipaz Street 35 MPH Del Obispo Street between Alipaz Street and Ortega Highway 25 MPH Rancho Viejo Road between northerly City Limits and Junipero Serra Road 40 MPH San Juan Creek Road between Camino Capistrano and 500 feet east of Calle Cartagena 40 MPH ARTICLE IV. TURNING MOVEMENTS SECTION 1. Authority to Place Turn Signs. The City Council is hereby authorized to determine those intersections or driveways at which drivers of vehicles shall not make a right, left or U turn and shall place proper signs at such intersections. SECTION 2. Obedience to No -Turn Signs. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. SECTION 3. Penalty. Any person violating any provisions of this Article shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine not exceeding $250.00. 4 ARR'ICLF, V. STOP INTERSCC"PIONS 5-1;^_'PION 1. Stop fntersactions designated. The City Council may, from time to time, by resolution - designate and declare specific intersections to be stop inter- sectiors. SECTION 2. Stop Signs. The Director of Public Works/City Engineer is authorized to erect and maintain swop signs conforming to the requirements of Section 21400 of the Vehicle Ccde of the State of California at such entrances to any and all of said streets or highways and stop intersections as in his opinion are reasonably necessary for the protection and safety of the traveling public. SECTION 3. Penalty. Any person violating any provision of this Article shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine not exceeding $250.00. ARTICLE VI. WEIGHT LIMITS. SECTION 1. Loads Exceeding the Maximum. (a) Permit. In accordance with Sections 35780 through 35784, Vehicle Code, State of California, upon, an application in writing and if the applicant shows good cause, the Director of Public Works/City Engineer may in his discretion issue a permit in writing author- izing the operation upon city streets or highways of a vehicle or combination of vehicles, the size or weight or load which exceeds the maximum specified in the Vehicle Code, Division 15, Chapter 5. The permit may be for such lengths of time up to a period of three months and for such number of operations limited or unlimited as the Director of Public Works/City Engineer may deem advisable. (b) It shall be unlawful for any person to operate any vehicle without a permit upon city streets when the size or weight of a vehicle or combination of vehicles exceeds the maximum specified in the Vehicle Code, Division 15, Chapter 5. (c) Permit Fee. The fee for each permit issued under the provisions of this Section shall be two dollars ($2.00) per vehicle or combination of vehicles except however, the fee for a permit for a three month period shall be twenty-five dollars ($25.00) per vehicle or comb- ination of vehicles. (d) Security may be Required. The Director of Public Works/City Engineer may require such undertaking or security as may be deemed necessary to protect the streets and highways and bridges from injury or to provide in- demnity for any injury resulting from the operation as provided in Section 35782 of the Vehicle Code. SECTION 2. Regulations for Moving Buildings or Structures. (a) Man -power minimum. It shall be unlawful for any building or structure twenty (20) feet or more in width to be moved over, upon, along or across any street or highway, alley or way unless the contractor so mov- ing the same shall have not less than five (5) men engaged in said moving operations comprised as follows: (1) a foreman; (2) a truck driver; (3) a man on the building to handle wire clearances; (4 and 5) two flag men, one to be at least 300 feet ahead of the building or structure, the other flagman shall follow said build- ing or structure at a distance sufficient to give adequate warning to approaching traffic. Said flagmen shall carry the signals re- quired by law. M Relocation Permit !1,lcju it ed. Whan any building is to be moved, the permit shall no! be. issued unless a relocation peirmit has been app.Lied for, approved, and issued. SUCTION 3. Penalty. Any person violating any procisi.on of this Article shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by a fine as specified in Section 42030 of the Vehicle Code. ARTICLE VII. EFFECT OF ORDINANCE SECTION 1. Effect of Partial Invalidity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this Ordinance. SECTION 2. Repeal. The existing ordinance, Ordinance No. 84 is hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. SECTION 3. Effective Date. This Ordinance is an urgency ordinance and shall take effect immediately from and after the 22nd day of January 1975. An urgency traffic ordinance is needed to regulate and enforce traffic in the city since the existing traffic ordinance has been declared unconstitutional. PASSED, APPROVED AND ADOPTED this 22nd day of January , 1975, by the following Vote tto wit: AYES: Councilmen Sweeney, Weathers, Nash, Heckscher and Mayor Byrnes NOES: None ABSENT: None RO L B S, M.D., MAYOR City of San Juan Capistrano ATTEST: CITY C y RK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct cony of Ordinance No.285 , adoptDdjggr�g City Council of the City of San Juan Capistrano, at regular meeting thereof held on the 22nd day of January , 1975. (SEAL) MARY AN IIANOV sR, CITY CLERK 6