Title 10 VEHICLES AND TRAFFIC
Chapter 10.04 GENERAL PROVISIONS AND DEFINITIONS
10.04.010 Title.
This chapter shall be known and may be officially cited as the "American Canyon Traffic Code."
10.04.020 Construction of singular and plural.
The singular number includes the plural and the plural number includes the singular.
10.04.030 Definitions of words and phrases.
(A) The following words and phrases when used in this code shall, for the purpose of this code, have the meanings respectively ascribed to them in this chapter.
(B) Whenever any words or phrases used in this code are not defined herein, but are defined in the Vehicle Code of the state of California, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used in this chapter as though set forth in this chapter in full.
10.04.040 Definitions.
As used in this chapter:
"Bicycle" means every device propelled by human power upon which any person may ride, having tandem wheels either of which is over twenty inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.
"City" means the general law city of the city of
American Canyon, incorporated January 1, 1992.
"Curb" means the lateral physical boundary of the roadway of a street whether marked by curbing construction or not so marked.
"Holiday" means every Sunday, January first, February twelfth, third Monday in February, last Monday in May, July fourth, first Monday in September, September ninth, second Monday in October, November eleventh, the Thursday in November appointed as "Thanksgiving Day," the Friday following the Thursday in November appointed as "Thanksgiving Day," December twenty-fifth. If any of the foregoing days, except Sunday, falls on a Sunday, the Monday following is a holiday.
"Limited access highway" means every highway, street or roadway in respect to which owners or occupants of abutting property or land and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
"Official time standard" means whenever certain hours are named in this chapter, they shall mean standard time or daylight savings time as may be in current use in this city.
"Official traffic control devices" means all signs, signals, markings and devices, except directional signs, not inconsistent with this code or the Vehicle Code of the state of California, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
"Official traffic signals" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
"Park" means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading of passengers or materials.
"Parkway" means that portion of a street other than a roadway or a sidewalk.
"Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
"Pedestrians" means any person afoot.
"Person" means every natural person, co-firm,
partnership, association or corporation.
"Police officer" means every officer and member of the police department of the city of American Canyon.
"Resolution" means a resolution of the council of the city of American Canyon.
"Stop," when required, means complete cessation of movement.
"Stop or stand," when prohibited means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
"Traffic" means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together while using any street for purposes of travel.
Chapter 10.08 ADMINISTRATION AND ENFORCEMENT
10.08.010 Duty of police department.
It shall be the duty of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the traffic engineer and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the department of this code.
10.08.020 Traffic accident studies.
Whenever the accidents at any particular location become numerous, the police department shall cooperate with the traffic engineer in conducting studies of such accidents and determine remedial measures.
10.08.030 Traffic accident reports.
The police department shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the traffic engineer.
10.08.040 Police department to submit annual traffic safety report.
The police department shall annually prepare a traffic report which shall be filed with the council. Such report shall contain information on traffic matters in this city as follows:
(A) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;
(B) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; and
(C) The plans and recommendations of the department for future traffic safety activities.
10.08.050 Duties of traffic engineer.
It shall be the general duty of the traffic engineer, under this code, to determine the installation and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions, and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to perform such others duties hereunder as may be required by the city manager.
10.08.060 Authority of police and fire district officers and members.
(A) It shall be the duty of the officers of the police department, or such officers as are assigned by the chief of police, to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.
(B) Officers of the police department, or such officers as are assigned by the chief of police, are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
(C) Officers and members of the fire district, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(D) Civilian employees of the city, when designated by the chief of police, shall enforce those provisions of the American Canyon traffic code and the State Vehicle Code relating to the standing or parking of vehicles that legally may be enforced by persons other than peace officers.
(E) Inspectors and officers of the fire prevention bureau of the fire district may enforce Vehicle Code Sections 21708 and 22514.
10.08.070 Traffic control at school crossing or other places.
It shall be the duty of any person appointed by the chief of police for such purpose, to control traffic at school crossings or other places designated by him. It shall be unlawful for any person, at any school crossing, or at any designated place, to refuse or fail to comply with any order, signal or direction of any person appointed by the chief of police to control traffic at school crossings or such designated places, provided that such person giving any order, signal or direction at such school crossing, or such designated place, 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.
10.08.080 Obedience to police and fire officials.
No person shall wilfully fail or refuse to comply with any lawful order of a police officer or member of the fire district when directing traffic.
10.08.090 Persons other than officials shall not direct traffic.
No person other than an officer of the police department, or a person authorized by the chief of police or other person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal.
10.08.100 Public employees to obey traffic regulations.
The provisions of this code shall apply to the driver 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 driver to violate any of the provisions of this code except as otherwise permitted in this code or by state statute.
10.08.110 Exemptions to certain vehicles.
(A) The provisions of this code regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, 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 in the Vehicle Code in response to an emergency.
(B) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her wilful disregard of the safety of others.
(C) The provisions of this code 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 by the United States while in use for the collection, transportation or delivery of United States mail.
10.08.120 Report of damage to certain property.
(A) The driver of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic control devise or other property of a like nature located in or along any street. shall within twenty-four 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 driving 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) A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time such driver is physically incapable of making a report, but in such event the driver shall make a report as required in subsection A of this section within twenty-four hours after regaining ability to make such report.
10.08.130 Vehicles obstructing normal flow of traffic—Removal.
Any vehicle parked or stopped in violation of Sections 10.20.110, 10.32.090, 10.32.280, and 10.32.290 of this code shall be deemed to be left standing upon a street or highway in an unusual position and obstructing the normal movement of traffic thereon and may be removed as provided in Section 22651 of the California Vehicle Code.
10.08.140 Solicitation at location of certain occurrences.
(A) No person shall, at the location of any vehicular accident, collision, or other catastrophe or calamity, solicit or offer the sale of any tow service, or the sale of any other services.
(B) The prohibition contained in this section shall apply from the time of the happening of any of the aforesaid occurrences until a reasonable time thereafter, and at all times while law enforcement officers, public health personnel, and other persons discharging duties imposed by law, are actively engaged in the performance of duty at the location of the occurrences.
10.08.150 Interception of police broadcasts.
No person, not being authorized by the sender, who intercepts, overhears, or receives any message or communications transmitted by any transmitting station operating upon a wave length or radio frequency assigned by the Federal Communications Commission for use by any police or other person, communicate such message or communication to any other person, or directly or indirectly use the information so obtained for personal gain.
10.08.160 Applicability to both public and private streets.
The duties and powers granted within this chapter shall apply to all streets, highways, avenues, boulevards, alleys, courts, places, squares and curbs, regardless of whether dedicated or open to public use.
10.08.170 Administrative fee—American Canyon police and department of parking and traffic.
(A) A fee to reimburse the city of American Canyon for costs incurred in the administration of the procedures for removing vehicles shall be charged by the police department to the owner of a vehicle removed pursuant to Section 22651(h), 22651(p), 22655.5 or 22850.5 of the California Vehicle Code. Such charges collected for the removal or storage of vehicles shall not be subject to the reimbursement provisions of Section 10.08.190 of this chapter.
(B) California Vehicle Code Section 14602.6 (a)(1) authorizes impoundment for up to thirty days.
(C) The chief of police shall propose the fees authorized by subsection A. The fee shall not go into effect until approved, by resolution, by the city council. The fees shall not exceed an amount that covers the actual costs incurred by the city in the removal, impoundment, storage, release and administrative confirmation of such actions for the involved vehicle.
(D) The chief of police, with the approval of the city council, is authorized to adopt such rules, regulations and procedures as they determine are necessary for the department to impose, collect and administer the fee imposed by this section.
10.08.180 Traffic offender fund.
(A) Establishment of Fund. There is established a special fund for the purpose of receiving and expending fees collected for the impoundment of a vehicle pursuant to Section 10.08.170. The special fund shall be known and designated as the traffic offender fund.
(B) Expenditure of Moneys. The appropriation of all moneys in the traffic offender fund ("fund") shall be made exclusively for the purposes of the traffic offender program. The traffic offender program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, and any other technology necessary to prosecute the case, and personnel costs, including salary and benefits for additional law enforcement patrol staffing within the city limits, specifically provided by the program. The administration of the fund shall conform to the provisions of the charter, annual appropriation ordinance, and the procurement procedures as prescribed by the controller and the purchaser.
(C) Accumulation of Moneys in Fund. The balance remaining in the traffic offender fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in the fund for the purposes recited herein.
10.08.190 Reimbursement for tow on vehicles—Conditions therefore.
(A) Except as provided in this code, fees, charges or costs imposed for the towing or storage of vehicles may be reimbursed to the owner or person in lawful possession of the vehicle if the fees, charges or costs were incurred:
(1) Because the subject vehicle was towed and stored at the order of the American Canyon police department to examine the vehicle for evidence of a crime;
(2) Because the subject vehicle was towed and stored by the order of the police department and the towing or storage was not authorized by any of the provisions of the Vehicle Code of the state of California;
(3) Because officers, agent or employees of the police department were negligent in reporting, filing, or recording the circumstances of the towing and storage of the vehicle;
(4) Because officers, agents or employees of the police department were negligent in reporting a vehicle as subject to towing or storage or ordering a vehicle towed or stored when, in fact, such a vehicle was not subject to towing and storage; or
(5) Because a vehicle was towed or stored by order of the American Canyon police department for removal of components of the vehicle, which components were placed on the vehicle in violation of Section 10751 of the Vehicle Code.
(B) No person shall be reimbursed for tow and storage charges collected pursuant to any other section of the American Canyon vehicles and traffic code.
(C) Pursuant to the provisions of the American Canyon vehicles and traffic code, indigent owners of vehicles and victims of auto theft shall be exempt from paying fees, charges, or costs imposed for the towing and storage of the vehicle, except no person shall be exempt from tow and storage charges pursuant to Sections 10.08.170 and 10.08.180 of this chapter.
Chapter 10.12 TRAFFIC CONTROL DEVICES
10.12.010 Authority to install traffic control devices.
(A) The traffic engineer shall have the exclusive power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required under the traffic regulations of this city to make effective the provisions of the regulations.
(B) Whenever the Vehicle Code of this state requires, for the effectiveness of any provision thereof, that traffic control devices be installed to give notice to the public of the application of such law, the traffic engineer is authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
(C) The traffic engineer may also place and maintain such additional traffic control devices as he or she may deem necessary to regulate traffic or to guide or warn traffic, but he or she shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in the traffic regulations of this city or as may be hereafter determined by the legislative body of this code.
10.12.020 When traffic control devices required for enforcement purposes.
No provisions of the Vehicle Code or of this code for which signs are required shall be enforced against an alleged violator unless appropriate signs are in place and sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws.
10.12.030 Obedience to traffic control devices.
The driver of any vehicle shall obey the instructions of any official traffic control devices applicable thereto placed in accordance with the traffic regulations of this city unless otherwise directed by a police officer subject to the exceptions granted the driver of an authorized emergency vehicle when responding to emergency calls.
10.12.040 Installation of traffic signals.
(A) Official traffic signals shall be installed and maintained at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
(B) The traffic engineer shall ascertain and determine the locations where such signals are required to resort to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the California Department of Transportation (Caltrans).
10.12.050 Lane markings.
The traffic engineer is authorized to mark center lines and lane lines upon the surface of the roadway 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. When authorized signs have been placed designating off-center traffic lanes, no person shall disobey the instructions given by such signs.
10.12.060 Authority to remove, relocate or discontinue traffic control devices.
The traffic engineer is authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this code whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain.
10.12.070 Traffic control devices—Hours of operation.
The traffic engineer 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 code.
10.12.080 Unauthorized painting of curbs.
It shall be unlawful for any person, without authority from the city to place or maintain paint or other material upon any curb in the city in a manner which purports to be, or is, an imitation of or resembles official indication of parking regulations.
10.12.090 Traffic engineer to erect stop signs.
Whenever any resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the traffic engineer shall erect and maintain stop signs as follows:
A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in Section 21355 of the Vehicle Code.
10.12.100 Stop at through street or stop sign.
(A) Those streets and parts of streets described in such resolution, and those streets and parts of streets heretofore designated and signed by this city as through streets until other designations are made, are declared to be through streets for purposes of this section.
(B) The provisions of this section shall also apply at one or more entrances to the intersections as such entrances and intersections have been heretofore designated and signed by this city until other designations are made or as may be hereafter described in such resolution.
(C) The provisions of this section shall also apply at those railroad grade crossings as such railroad grade crossings have been heretofore designated and signed by this city until other designations are made or as may be hereafter described in such resolution.
(D) When stop signs are erected, as herein provided, at the entrance to any intersection or at any railroad grade crossing every driver of a vehicle shall stop, as required by the Vehicle Code.
Chapter 10.16 TURNING MOVEMENTS
10.16.010 Authority to place and obedience to turning markers.
(A) The traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersection indicating the course to be traveled by vehicles turning at such intersections, and the Traffic Engineer is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left turns, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or this code.
(B) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
10.16.020 Authority to place restricted turn.
The traffic engineer is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper 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 indicated on the signs or they may be removed when such turns are permitted.
10.16.030 Obedience to no-turn signs.
Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.
10.16.040 Authority to prohibit right turns against traffic stop signal.
The traffic engineer is authorized to determine those intersections at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the direction of any such sign.
Chapter 10.20 MISCELLANEOUS DRIVING RULES
10.20.010 Traffic regulations in parks.
It is unlawful for any person to drive or ride within the boundaries of any public park in the city at a rate of speed exceeding five miles per hour, or for any person to ride or drive within the limits of the parks other than upon the avenues and roads provided therefore.
10.20.020 Driving through funeral processions.
No driver of a vehicle shall drive between vehicles comprising a funeral procession while they are in motion and when the vehicles in such procession are conspicuously so designated.
10.20.030 Clinging to moving vehicles.
Any person riding upon any bicycle, motorcycle, coaster, skate board, roller skates or any toy vehicle shall not attach the same or him/herself to any moving vehicle upon any roadway.
10.20.040 Vehicles shall not be driven on the sidewalk.
The driver of a vehicle shall not drive within any sidewalk area or any parkway except at a permanent or temporary driveway.
10.20.050 New pavement.
No person shall ride or drive any animal or any vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier or sign is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed.
10.20.060 Limited access.
No person shall drive a vehicle onto or from any limited access highway except at such entrances and exits as are established by or with the consent of public authority.
10.20.070 Vehicles on private property.
It is unlawful for any person to operate or drive or leave any vehicle in, over or upon any private property without the express permission of the owner thereof.
10.20.080 Left turns between intersections.
It is unlawful for the operator of any vehicle to turn such vehicle to the left, whether for the purpose of entering or leaving. a driveway or otherwise, at any place between the intersections and during the times designated by the traffic engineer when such places are appropriately signed or marked.
10.20.090 Parking on grades.
It is unlawful for any person driving, or in control of, or in charge of, a motor vehicle to permit it to stand on any highway unattended when upon any grade exceeding three percent within any business or residence district without blocking the wheels of said vehicles by turning them against the curb or by other means.
10.20.100 Intoxicated persons in or about vehicles.
It is unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to be in or about any vehicle to which he has the right or access or control while such vehicle is in or upon any street or any other public place in the city, unless the same is under the immediate control or operation of a person not under the influence of intoxicating liquor or narcotic drugs.
10.20.110 Obedience to barriers and signs.
No person, public utility or any department of this city shall erect or place any barrier or sign on any street unless of a type first approved by the traffic engineer. It is unlawful for any person to disobey the instructions of any barrier or sign placed in any street by any public utility or by any department of this city, provided the type of barrier or sign so erected has been first approved by the traffic engineer.
10.20.120 Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
10.20.130 Decrease of maximum speed limit between districts.
Whenever by resolution it is determined on the basis of an engineering and traffic investigation that the maximum speed limit of fifty-five miles per hour is more than is reasonable or safe upon any portion of a street or highway other than a state highway for a distance of not exceeding two thousand feet in length between districts, business or residential, the prima facie speed limit not less than twenty-five miles per hour, upon that portion shall be as determined in the resolution, and shall be effective when appropriate signs giving notice thereof are erected upon the street or highway.
10.20.140 Regulations of traffic on freeways.
No person shall drive or operate any bicycle, motor driven cycle, or any vehicle which is not drawn by a motor vehicle upon any street established as a freeway or limited access highway, nor shall any pedestrian walk across or along any such street so established except in space set aside for the use of pedestrians, provided official signs are in place giving notice of such restrictions.
Chapter 10.24 PEDESTRIANS
10.24.010 Traffic engineer to establish crosswalks.
(A) The traffic engineer shall establish, designate and maintain crosswalks at the intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:
Crosswalks shall be established and maintained where the traffic engineer determines that there is particular hazard to pedestrians crossing the roadway subject to the limitation contained in subsection B of this section.
(B) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet in length. Elsewhere not more than one additional crosswalk shall be located as nearly as practicable at mid-block.
10.24.020 When pedestrians must use crosswalks.
No pedestrian shall cross a roadway other than in a crosswalk in any business district, (established as State Route 29).
10.24.030 Crossing at right angles.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk.
10.24.040 Standing in roadways.
No person shall stand in any roadway other than a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic. This provisions shall not apply to any public officer or employee of a public utility when necessarily upon a street in line of duty.
10.24.050 Pedestrian signals.
Whenever special pedestrian-control signals exhibiting the word "walk" or exhibiting the color red are in place, the term and color shall indicate and apply to pedestrians as follows:
(A) "Walk." Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(B) "Red." No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the color red is showing.
Chapter 10.28 COMMERCIAL VEHICLES
10.28.010 Commercial vehicles prohibited from using certain streets.
(A) Whenever the council of this city designates and describes any street or portion thereof as a street the use of which by any commercial vehicle is prohibited, the traffic engineer shall erect and maintain appropriate signs on those streets so designated.
(B) Those streets and parts of streets so marked are declared to be streets the use of which by any commercial vehicle is prohibited. The provisions of this section shall not apply to passenger buses under the jurisdiction of the public utilities commission.
10.28.020 Heavy loads on streets in restricted districts.
(A) When the streets in question are appropriately sign-posted no vehicle of any kind or nature whatsoever (other than passenger buses) shall be operated or moved upon or over any of the streets hereinafter in Section 10.28.030 designated without a permit as provided in this section, when the total weight of vehicle and load exceeds four and one-half tons.
(B) This section shall not apply to, and shall not prohibit any commercial vehicle as defined by the California Vehicle Code having a loaded weight in excess of the limit prescribed in this chapter from using any such streets by direct route from a street the use of which is not restricted as to such vehicles for the purpose of delivering or loading for transportation goods, warns or merchandise without such permit.
(C) The traffic engineer may, by written permit, authorize the operation of a vehicle or vehicles upon any of the streets hereinafter in Section 10.28.030 set forth, when the total weight of such vehicle or vehicles exceeds the maximum weight prescribed in this section, if, in the judgment of the traffic engineer, streets upon which such vehicle is to be operated can safely withstand the additional weight for a limited operation. Such permit shall be granted upon such conditions and upon depositing such bond as the traffic engineer, may, in his discretion, require.
10.28.030 Restricted streets.
The streets referred to in Section 10.28.020 are described as follows:
(Not determined upon initial enactment of the traffic code.)
10.28.040 Vehicles exceeding four and one-half tons prohibited use of certain streets.
When such streets are appropriately sign-posted, the use of the hereinafter described portions of the hereinafter named streets or highways by any motor vehicle (other than passenger buses) when the total weight of the vehicle and loads exceeds four and one-half tons, except for the purpose of loading and unloading thereon, is prohibited, between the hours of eleven p.m. and six a.m.
The streets and portions thereof referred to in subsection A of this section are:
(Not determined upon initial enactment of the traffic code.)
Chapter 10.32 STOPPING, STANDING AND PARKING
10.32.010 Application of regulations.
(A) The provisions of this code prohibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
(B) The provisions of this code imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the State Vehicle Code, or the regulations of this city, prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
10.32.020 Standing in parkways prohibited.
No person shall stop, stand or park a vehicle within any parkway.
10.32.030 Use of streets for storage of vehicles prohibited.
(A) No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours.
(B) In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two hours, any officer of the police department or any regularly employed and salaried civilian employee of the city who is engaged in the direction of traffic or enforcement of parking regulations when designated by the chief of police, may remove said vehicle from the street in the manner and subject to the requirements of Sections 22850 through 22854 inclusive of the Vehicle Code of the state of California.
10.32.040 Parking parallel with curb.
(A) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left hand curb facing in the direction of traffic movement upon any one-way street unless signs are in place prohibiting such parking, standing or stopping.
(B) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left hand side of such one-way roadway unless signs are place permitting such standing or parking.
(C) The traffic engineer is authorized to determine when standing or parking shall be prohibited upon the left hand side of any one-way street or when standing or parking may be permitted upon the left hand side of any one-way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof.
(D) Whenever the traffic engineer has caused lines or markings painted or otherwise designated upon the parkway, curb, sidewalk, roadway, driveway or street in such a manner as to identify by the markings individual parking spaces, it shall be unlawful to park or leave standing any vehicle across any such line or marking or in any position other than within the parking area so designated by the markings.
10.32.050 Signs or markings indicating angle parking.
(A) Whenever any resolution of this city designates and describes any street or portion thereof upon which angle parking shall be permitted, the traffic engineer shall mark or sign such street, indicating the angle at which vehicles shall be parked.
(B) When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle at other than the angle to the curb or edge of the roadway indicated by such signs or markings.
10.32.060 Parking adjacent to schools.
(A) The traffic engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion interfere with traffic or create a hazardous situation.
(B) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.
10.32.070 Parking prohibited on narrow streets.
(A) The traffic engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon the side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.
(B) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.
10.32.080 Stopping or parking prohibited—Signs required.
The traffic engineer may appropriately sign or mark the following places and when so signed or marked, no person shall stop, stand or park a vehicle in any of the places:
(A) At any place within twenty feet of an intersection in the business district except that a bus may stop in a designated bus stop.
(B) Within twenty feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device.
(C) At any place where the traffic engineer determines that it is necessary in order to eliminate unusual traffic hazard.
10.32.090 Emergency parking signs.
(A) Whenever the traffic engineer shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings of functions, or for other reasons, the traffic engineer shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the traffic engineer shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the traffic engineer shall cause such signs to be removed promptly thereafter.
(B) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.
10.32.100 Display of warning devices when commercial vehicle disabled.
(A) Every motor truck having an unladen weight of six thousand pounds or more, and every truck tractor irrespective of weight, when operated upon any street or highway during the time specified in Section 280 of the Vehicle Code shall be equipped with and carry at least three red emergency reflectors which reflector shall be of a type approved by the Department of Highway Patrol.
(B) When any vehicle above mentioned, or any trailer or semi-trailer is disabled upon streets or highways outside of any business or residence district within the city, and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of two hundred feet during any time mentioned in Section 280 of the Vehicle Code, the warning signals of the character indicated above shall be immediately placed in the manner set forth in California Vehicle Code Section 25300, subsections (b) through (d), inclusive, and shall be displayed continuously during the times mentioned in Vehicle Code Section 280 while such vehicle remains disabled upon such street or highway.
10.32.110 Parking commercial vehicles in residential districts.
(A) No person shall park any commercial vehicle, as defined in Section 22507.5 of the Vehicle Code more than five hours in any residence district, or in front of any apartment building, motel, hotel or any other single or multiple dwelling, except:
(1) While loading or unloading property and time in addition to such five-hour period is necessary to complete such work;
(2) When such vehicle is parked in connection with and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked and time in addition to such five-hour period is reasonably necessary to complete such service.
(B) No person shall park a commercial vehicle on any street or portion thereof if such parking would, in the opinion of the traffic engineer, interfere with the reasonable and comfortable enjoyment of life or property of any person owning or occupying any nearby residence, apartment building, motel, hotel or any other single or multiple dwelling, and if such street or portion thereof has been posted with signs giving notice of such parking limitation.
10.32.120 Parking—Commercial vehicles in certain areas designated by resolution.
No person shall park any truck, tractor, trailer, or other commercial vehicle of any kind, whose weight carrying capacity is one ton or more, for a period exceeding five hours, on any public street in any area of the city which, by resolution, the city council has designated as one to which such time limitation is applicable, and one which has been posted with signs giving notice of such parking limitation, except:
(A) While loading or unloading property and time in addition to such five-hour period is necessary to complete such work; or
(B) When parked in connection with, and in aid of, the performance of a service to or on a property in the block in which such vehicle is parked and time in addition to such five-hour period is reasonably necessary to complete such.
10.32.130 Ignition keys.
No person shall leave a motor vehicle, except a commercial vehicle, unattended on any street, alley, used car lot, or unattended parking lot without first stopping the engine, locking the ignition and removing the ignition key therefrom. Provided, however, that any violation of these provisions shall not mitigate the offense of stealing such motor vehicle nor shall such violation be used to effect a recovery in any civil action for theft of such motor vehicle, or the insurance thereon, or have any other bearing on any civil action.
10.32.140 Authority to establish loading zones.
(A) The traffic engineer is authorized to determine and to mark loading zones and passenger zones as follows:
(1) At any place in the business district;
(2) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
(B) In no event shall more than one-half of the total curb length in any block be reserved for loading zones.
(C) Loading zones shall be indicated by a yellow paint line upon the top of all curbs in such zones.
(D) Passenger loading zones shall be indicated by a white line painted upon the top of all curbs in such zones.
10.32.150 Curb markings to indicate no stopping and parking regulations.
(A) The traffic engineer is authorized, subject to the provisions and limitations of this code, to place, and when required in this chapter shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as set forth in this chapter.
(1) "Red" means no stopping, standing or parking at any time except as permitted by the Vehicle Code, as except that a bus may stop in a red zone marked or signed as a bus zone.
(2) "Yellow" means no stopping, standing or parking at any time between seven a.m. and six p.m. of any day except and Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than thirty minutes.
(3) "White" means no stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed three minutes and such restrictions shall apply between seven a.m. and six p.m. of any day except holidays and except as follows:
When such zone is in front of a theater or hall or place used for the purpose of public assembly the restrictions shall apply at all times except when such theater, hall or place is closed and then a vehicle may park in the white zone for no longer than one hour.
(4) "Green" means no standing or parking for longer than twelve minutes at any time between eight a.m. and six a.m. of any day except Sundays and holidays.
(5) "Blue" means no stopping, standing or parking except for physically handicapped persons whose vehicles display either one of the distinguishing license plates issued to disabled persons pursuant to California Vehicle Code, Section 22511.5 or to disabled veterans, as specified in California Vehicle Code Section 9105.
(B) Where curb markings have been heretofore placed by authority of this city and when the traffic engineer as authorized under this code, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
10.32.160 Additional authority to establish loading zones.
(A) In addition to the provisions of Section 10.32.150 and in order to provide additional loading zones at those hours when they may be needed, the traffic engineer is authorized and directed:
(1) To determine and designate loading zones for the loading and unloading of passengers or materials; and
(2) To mark such loading zones by appropriate signs which shall set forth the hours during which a sign-posted area is designated as a loading zone.
(B) When appropriate signs are in place, no person shall stop, stand or park a vehicle adjacent to a curb area posted as a loading zone except for the purpose of loading or unloading passengers or materials for such time as permitted in Section 10.32.180 and except on Sundays and holidays.
10.32.170 Curb markings to indicate driveways.
Upon the request of the owner or occupant, or the agent of either, of the premises being served by a driveway, or driveways, the traffic engineer shall cause to be painted in red, the curbs on each side of said driveway, or driveways, for a distance at least eighteen linear inches.
10.32.180 Effect of permission to load or unload.
(A) Permission granted in this chapter to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor, and in no event, more than thirty minutes.
(B) The loading or unloading of materials shall apply only to commercial deliveries, also the delivery or pickup of express and parcel post packages and United States Mail.
(C) Permission granted in this chapter to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage, but shall not extend beyond the time necessary therefor, and in no event for more than three minutes.
(D) Within the total time limits specified in this section, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading and unloading, but without permitting abuse of the privileges granted.
10.32.190 Standing for loading or unloading only.
No person shall stop, stand or park a vehicle in any yellow zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 10.32.180.
10.32.200 Standing in passenger loading zone.
No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in Section 17.32.180.
10.32.210 Standing in any alley.
No person shall stop stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley.
10.32.220 Bus zones to be established.
(A) The traffic engineer is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth in this section.
(B) The word "bus" as used in this section shall mean any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.
(C) No bus zone shall exceed sixty feet in length, except that when satisfactory evidence has been presented to the traffic engineer showing the necessity therefor, the traffic engineer may extend bus zones not to exceed a total length of any one city block.
(D) Bus zones shall be indicated by painting the curb red or by the erection of appropriate signs or both.
(E) No person shall stop, stand or park any vehicle except a bus in a bus zone.
10.32.230 Parking adjacent to curb.
When stopping to load or unload passengers it shall be unlawful for the operator of a bus, as defined in Section 10.32.220, to stop or park the bus at any place other than at a bus zone established pursuant to Section 10.32.220, and every such bus stopping or parking upon a street in such a bus zone where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such bus parallel with and within eighteen inches of the right-hand curb.
10.32.240 One-hour parking.
When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of eight am. and six p.m. of any day, except holidays, for a period of time longer than one hour on any street or any part of any street so indicated.
10.32.250 Two-hour parking.
When heretofore or hereafter provided by resolution and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours of eight a.m. and six p.m. of any day, except holidays, for a period of time longer than two hours on any street or any part of any street so indicated.
10.32.260 Parking restrictions on municipal lots or areas.
When provided by resolution, and appropriate signs are in place and visible giving notice thereof, no person shall stop, stand or park any vehicle between the hours indicated in said resolution on any municipal parking lot or area, or part thereof, as so designated in said resolution; provided that notwithstanding any other provision of this code the council may by resolution provide for the issuance of special parking permits to authorize parking upon any municipal parking lot or area for the period of time and subject to the conditions specified therefor, and the fee to be charged for the permit.
10.32.270 Citations and arrests.
Any police officer is authorized and empowered to issue citations to any person violating any of the provisions of this code or other ordinances by the police department of the city.
10.32.280 Stopping, standing or parking prohibited during certain hours.
When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall stop, stand or park any vehicle between the hours indicated of any day, except holidays, on any street or any part of any street so indicated.
10.32.290 Parking prohibited at all times.
When heretofore or hereafter provided by resolution, and appropriate signs are in place giving notice thereof, no person shall park any vehicle at any time on any street or part of any street so indicated.
10.32.300 Parking prohibited between certain hours.
No person shall park any vehicle between certain hours of three a.m. and six a.m. of any day on any street or part of any street hereafter designated by resolution of the city and by appropriate signs giving notice thereof.
Chapter 10.36 ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES
10.36.010 Findings and declarations.
In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the State Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, as public nuisances, the council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
The council also finds and declares that constructive leisure pursuits by residents of the city of American Canyon is most important. This chapter is intended to encourage responsible participation in the hobby of collecting, preserving, restoring, and maintaining motor vehicles of historic and special interest, which contributes to the enjoyment of citizens and the preservation of California memorabilia.
This chapter is the specific standard to control and regulate abandoned, wrecked, dismantled or inoperative vehicles, notwithstanding the provisions of Chapter 9.04 of this title.
10.36.020 Definitions.
As used in this chapter:
"Collector" means the owner of one or more historic vehicles or special interest vehicles, as defied in this section, who collects, purchases, acquires, or disposes of such vehicles, or parts thereof, for his or her own use, in order to preserve, restore, and maintain such vehicles for hobby or historic purposes.
"Dismantled vehicle" means a vehicle that has had, intentionally or unintentionally, one or more critical parts removed for forty-five days or more. A critical part is any part that is needed to safely operate the vehicle, including but not limited to a wheel or tire, windshield, door, side quarter panel, trunk, hood, roof, steering wheel, motor or transmission. A vehicle can be "dismantled" whether or not it is in an inoperative condition.
"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes streets.
"Historic vehicle" means any vehicle which is collected, restored, maintained and operated by a collector or hobbyist primarily for historical exhibition or similar purposes and which is either:
1. A motor vehicle with an engine of sixteen or more cylinders manufactured prior to 1965;
2. A motor vehicle manufactured in the year 1922 or prior thereto;
3. A vehicle which was manufactured after 1922, is at least twenty-five years old, and is of historic interest;
4. A vehicle described in paragraphs (1), (2), or (3) which is operated or moved over the highway primarily for the purpose of historical exhibition or other similar purposes shall, upon application in the manner and at the time prescribed by the state Department of Motor Vehicles, be issued special identification plates for the vehicle by the state Department of Motor Vehicles.
"Inoperative vehicle" means:
1. Any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be legally or actually driven under its own power except for any vehicle which is being repaired, within a reasonable period of time; or
2. Any vehicle that has not been, for more than six months, validly registered for operation or use on the highways in this state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the state Vehicle Code, including any "nonoperated vehicle" as defined in this section.
"Motor vehicle" means any vehicle which is self-propelled, but, does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person, who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
"Non-operated vehicle" means any vehicle for the which the owner of the vehicle has (1) filed a certification under penalty of perjury that the vehicle will not be operated, moved or left standing on any highway during the subsequent registration year without the owner first making application for registration of the vehicle, including full payment of all fees, and (2) obtained a certificate of nonoperation from the state Department of Motor Vehicles.
For purposes of this subsection, "vehicle" means a device by which any person or property may be propelled, moved, or driven upon a highway having intact and assembled its major component parts including, but not limited to, the frame or chassis, cowl, and floor pan or, in the case of a trailer, the frame and wheels or, in the case of a motorcycle, the frame, front fork, and engine. For purposes of this section, "vehicle" does not include a device moved exclusively by human power, a device used exclusively upon stationary rails or tracks, or a motorized wheelchair.
"Nonrepairable vehicle" means a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivisions (1), (2) or (3). The vehicle shall be issued a nonrepairable vehicle certificate by the state Department of Motor Vehicles and shall not be titled or registered.
1. A nonrepairable vehicle is a vehicle that has no resale value except as a source of parts or scrap metal, and which the owner irreversibly designates solely as a source of parts or scrap metal.
2. A nonrepairable vehicle is a completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies, or that the owner designates has little or no resale value other than its worth as a source of scrap metal, or as a source of a vehicle identification number that could be used illegally.
3. A nonrepairable vehicle is a completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components, and which the owner irreversibly designates as having little or no resale value other than its worth as scrap metal or as a source of vehicle identification numbers that could be used illegally.
"Nonrepairable vehicle certificate" means a vehicle ownership document issued to the owner of a nonrepairable vehicle by the state Department of Motor Vehicles. Ownership of the vehicle may only be transferred two times on a nonrepairable vehicle certificate. A vehicle for which a nonrepairable vehicle certificate has been issued may not be titled or registered for use on the roads or highways of California. A nonrepairable vehicle certificate shall be conspicuously labeled with the word "nonrepairable" across the front.
"Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
"Owner of the vehicle" means the last registered (and legal) owner of record.
"Parts car" means any motor vehicle which is owned by a collector to furnish parts for restoration or maintenance of a special interest vehicle, a historic vehicle, or street rod vehicle, thus enabling the collector to preserve, restore, and maintain a special interest vehicle, or a historic vehicle, or street rod vehicle, for which the state Department of Motor Vehicles has issued special plates pursuant to the state Vehicle Code.
"Special interest vehicle" means a vehicle of any age which is unaltered from the manufacturer's original specifications and, because of its significance, such as an out-of-production vehicle, or a model of less than two thousand (2,000) sold in the state in any model year, is being collected, preserved, restored, or maintained by a collector as a leisure pursuit.
"Storage" means the placement of a vehicle or other objects in a location for preservation or future use.
"Street rod vehicle" means any motor vehicle, other than a motorcycle, manufactured in or prior to 1948 which has been individually modified in its body style or design, including through the use of nonoriginal or reproduction components, and which may include additional modifications to other components, including, but not limited to, the engine, drive train, suspension, and brakes in a manner that does not adversely affect its safe performance as a motor vehicle or render it unlawful for highway use.
"Total loss salvage vehicle" means a vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to such an extent that the owner, leasing company, financial institution or the insurance company that insured the vehicle considers it uneconomical to repair by or for the person who owned the vehicle at the time of the event resulting in damage.
"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
10.36.030 Exceptions.
This chapter shall not apply to:
(A) A vehicle, or part thereof, which is completely enclosed within a building or a carport or in a backyard which is completely fenced or in which the vehicle is reasonably screened from view by trees, shrubbery, or other appropriate means, so that the vehicle is not visible from the highway or other public or private property, and is not a health or safety hazard.
(B) A vehicle, or part thereof, which is stored or parked in a lawful manner or private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(C) One or more historic vehicles, special interest vehicles, parts vehicles, or street rod vehicles, whether currently licensed or unlicensed, operable or inoperable, maintained by a collector in outdoor storage on private property, if every such vehicle and outdoor storage area is maintained in such a manner as not to constitute a health hazard, and is located away from public view, or screened from ordinary public view, by means of a suitable fence, trees, shrubbery, opaque covering, or other appropriate means, so long as the following requirements are met:
(1) Although registration may not be required by the state Department of Motor Vehicles, vehicles stored in any backyard area must have either a "nonrepairable vehicle certificate," "nonoperational vehicle certificate" or any other applicable certificate required by the state Department of Motor Vehicles to excuse nonregistration of the vehicle, before such storage of an unregistered vehicle shall occur.
(2) Since nonrepairable vehicle certificate status allows for the vehicle in question to be exempt from being titled or registered, a time limit of six months will be allowed for the owner of said vehicle to remove all parts desired and dispose of remaining portion of the vehicle.
(3) A "total loss salvage vehicle" must be registered with the state Department of Motor Vehicles, but even with registration and due to the nature of the vehicle's overall condition, the owner must make a financial commitment to its complete repair and restoration to operational status and repair work must be substantially in progress by the sixth month after the vehicle is first stored on private property, or the vehicle shall be subject to abatement by the city pursuant to this chapter.
(4) If all of the requirements of subsection (C) of this section are met, any vehicle that is registered as nonoperational may remain in the backyard on private property for an unlimited period of time, as long as it is stored on an all-weather surface as defined by the city.
(5) Any legally registered and fully operational vehicle may remain in either the front, side or backyard storage areas as long as they are on an all-weather surface, and all other requirements of this chapter and this code are met.
(6) Any inoperative vehicle shall not be stored in the front yard of any private property for more than thirty days unless otherwise authorized by the city. Storage in any private front yard is restricted to fully operable and legally registered vehicles.
(7) Once an "inoperable vehicle" has been in the front yard area of a private property for more than thirty days without being fully repaired for legal use on state highways, it is subject to abatement proceedings pursuant to this chapter. The owner of the vehicle shall then have the following options:
(a) To immediately take the vehicle to a repair facility for the completion of final repairs;
(b) To remove the vehicle to a proper storage area other than the front yard area, which meets the requirements of this chapter;
(c) If an inoperative vehicle is in a condition which it can legally or actually be driven under its own power on the highways of this state, and is classified as "inoperative" pursuant to Section 10.36.010 of this chapter solely because it is unregistered, to promptly register the vehicle for use on the highways of this state as required under the provisions of Division 3 (commencing at Section 4000 et seq.) of the state Vehicle Code;
(d) To permit the abatement process to proceed without objection, or to appeal the abatement process, pursuant to Sections 10.36.080 and 10.36.090 of this chapter.
10.36.040 Restrictions on storage of vehicles.
This chapter is intended to allow private citizens to maintain, store, and ultimately restore or repair their private vehicles needed for normal personal use, whether for recreation, pleasure, collection, or business, with the following restrictions:
(A) No person shall park, maintain, or store an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on public or private property, including highways, except as otherwise authorized by this chapter or the state Vehicle Code.
(B) No property owner shall convert his property into a salvage yard, vehicle repair facility, or any other business venture without first obtaining any required permits, business licenses, and/or applicable authorization from the city.
(C) No person shall store business-related inventory, materials, vehicles, motor vehicles, or heavy equipment, on private residential property. Any business-related vehicles, parts, equipment, or materials found on private residential property in connection with an unauthorized business venture shall be subject to abatement or other legal proceedings as authorized by law.
(D) No vehicles, parts, or other materials, which belong to persons other than the owner or occupant of the property, shall be stored on private residential property. All commercial storage facilities must first be authorized by the city before such storage is allowed.
(E) No vehicles stored on private property shall be used for the storage of garbage or refuse, or as living quarters, unless otherwise authorized by the city.
10.36.050 Supplemental legislation.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.
10.36.060 Officer designated—Authority to enter private property.
Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the vehicle abatement officer as designated by the city manager. In the enforcement of this chapter, such officer and his deputies may enter upon property with the written permission of the owner or resident of the property or upon obtaining an inspection warrant pursuant to Section 1822.50 et seq., of the state Code of Civil Procedure, or other necessary judicial authorization, to examine a vehicle, or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
10.36.070 Authority of private contractor.
When the council has contracted with or granted a franchise to any person or persons to remove vehicles pursuant to this chapter, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. When legally required, the contractor shall obtain an inspection warrant pursuant to state Code of Civil Procedure Section 1822.050 et seq., or other appropriate judicial authorization before entering the property.
10.36.080 Authority to abate and remove.
Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, which is not lawfully parked or stored pursuant to Sections 10.36.030 and 10.36.040 of this chapter, the vehicle abatement officer shall have the authority to cause the abatement and removal thereof in accordance with the procedures described herein.
10.36.090 Notice of intention to abate and remove—Form.
(A) A fifteen-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed by registered or certified mail to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of the vehicle on record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE.
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned, pursuant to Chapter 10.36 of the American Canyon Municipal Code, has determined that there exists upon said land an (or parts of) abandoned, wrecked, dismantled or inoperative vehicle registered to_________, license number _________, which constitutes a public nuisance pursuant to the provisions of Chapter 10.36 of the American Canyon Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within fifteen (15) days from the date of the mailing of this notice, and upon your failure to do so, the same will be abated and removed by the City and the costs thereof, together with administrative costs, will be assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within fifteen (15) days after the mailing of this notice of intention, request a public hearing, and if such request is not received by the City Clerk of the City of American Canyon within such 15-day period, the designated officer shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 15-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Notice Mailed: ________/S/___________
(Date) (Locally designated officer)
NOTICE OF INTENTION TO ABATE AND
REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE
VEHICLE, OR PARTS THEREOF, AS A
PUBLIC NUISANCE.
(Name and address of last registered and/or legal owner of record of vehicle notice should be given to both if different).
As last registered and legal owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned pursuant to Chapter 10.36 of the American Canyon Municipal Code has determined that said vehicle (or parts of a vehicle) exists as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to Chapter 10.36 of the American Canyon Municipal Code.
You are hereby notified to abate said nuisance by the removal of said vehicle (or parts of a vehicle) within fifteen (15) days from the mailing of this notice. As registered and legal owner of record of said vehicle (or parts of a vehicle), you are hereby notified that you may, within fifteen (15) days after the mailing of this Notice of Intention request a public hearing and, if such request is not received by the City Clerk of the City of American Canyon within such fifteen (15) day period, the designated officer shall have the authority to abate and remove said vehicle (or parts of vehicle) without a hearing.
Notice Mailed: _______/S/____________
(Date) (Locally designated officer)
(B) A copy of the notice referred to in subsection (A) of this section shall also be posted on the vehicle proposed to be abated and on the property where the vehicle is located.
(C) A notice of intention to abate shall not be required if either of the following exist:
(1) The property owner and the owner of the vehicle have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or parts thereof; or
(2) All of the following conditions are satisfied:
(a) The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed,
(b) The vehicle or part thereof is valued at less than three hundred dollars by the police chief of the city or designee,
(c) The police chief or designee has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to the public health and safety,
(d) The property owner and record owner of the vehicle have signed a release authorizing the removal of the vehicle and waiving further interest in the vehicle or part thereof, or
(e) The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units,
(f) If the vehicle or parts thereof are not claimed and removed from the scrapyard, auto dismantler's yard, or public disposal area within twelve days after the notice to dispose of vehicle is mailed by the city, final disposition may be proceed;
(3) If the vehicle is valued at less than three hundred dollars by the city's police chief or designee, and all of the requirements set forth in subsection (C)(2) of this section are not met, the vehicle may be disposed of pursuant to the procedures set forth in Sections 22851.2 through 22851.10 of the Vehicle Code.
10.36.100 Public hearing—Procedure—Action.
(A) All hearings under this chapter shall be held before the city manager or his or her designee, who shall hear all facts and testimony deemed pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof, and the circumstances concerning its location on the private or public property. The city shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located and the owner of the vehicle may appear in person at the hearing or present sworn written statements in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for such denial.
(B) The city may impose such conditions and take such other actions as it deems appropriate under the circumstances to carry out the purposes of this chapter. It may delay the time for removal of the vehicle, or part thereof if in its opinion, the circumstances justify it. At the conclusion of the public hearing, the city manager or designated hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, may order the same removed from the property and disposed of as a public nuisance, in the manner authorized by law and as provided in this chapter. The order requiring removal shall include a description of the vehicle, or part thereof, and a correct identification number and license of the vehicle, if available at the site. Written notice of the decision and a copy of the order shall be given to the property owner and the owner of the vehicle by certified mail within ten days of the city manager's decision.
(C) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the city shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner.
(D) If an interested party makes a written presentation to the city manager or the designated hearing officer, but does not appear, he or she shall be notified in writing of the decision by mail within ten days of the city's decision.
(E) An interested party may appeal the order of the city manager or the designated hearing officer to the city council or the city planning commission or a panel comprised of three residents of the city as designated annually by the city council by filing a written request for appeal within the city clerk. A hearing before the appropriate appellate body shall be held within thirty days of the filing of the appeal request preceded by a ten-day notice of the appeal hearing which shall be posted in the same manner and form as regular meetings of the city council. Upon conclusion of the hearing by the designated appellate body, a decision consistent with the provisions of this section shall be prepared and mailed as provided in this section.
10.36.110 Vehicle disposal.
Notice of the final order declaring the vehicle or parts thereof to be a public nuisance shall be mailed to the owner of the real property upon which the vehicle is located and to the record owner of the vehicle by the city manager or the designated hearing officer or the designated appellate body after conclusion of the hearing. After fifteen days from the date of the mailing of the notice of the final order, the vehicle or parts thereof may be disposed of by removal in the manner authorized by law to a scrap yard or automobile dismantler yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plate or a historical vehicle license pursuant to Section 5004 of the state Vehicle Code, in which case the vehicle may be reconstructed or made operable.
10.36.120 Abatement of motor vehicles.
Abatement of any motor vehicle registered or subject to registration with the state Department of Motor Vehicles shall be carried out and conform with the provisions of the state Vehicle Code and this chapter.
10.36.130 Recovery of abatement costs by city.
(A) Cost Recovery Procedures.
(1) The city may recover reasonable costs incurred in the abatement of motor vehicles, or parts of motor vehicles, pursuant to this chapter through the procedures set forth in this section, pursuant to state Vehicle Code Section 22660.
(2) Such abatement costs may be made a personal debt of the vehicle owner or the owner of the property from which the vehicle was removed, or a special assessment against any real property owned by the vehicle owner or the property from which the vehicle was removed.
(B) Report on Abatement Costs. The city manager or his or her designee shall keep a detailed itemized report of the expenses incurred by the city in the abatement of any vehicles pursuant to this chapter. Upon completion of the work, or as soon thereafter as may be practicable, the city manager shall file with the city clerk a report which specifies the address or location of the property from which the vehicle was removed, the license plate, or vehicle identification number for the vehicle, the year, make, model and color of the vehicle, the nature of the work performed in removing the vehicle, and the itemized and total cost of this work.
(C) Notice of Hearing Before City Council. Upon receipt of the report of the city manager, the city clerk shall set a hearing on the report before the city council, on a date which is no less than ten and no more than sixty days after service of the report on the property owner and the vehicle owner. A notice which specifies the date, time and place of the hearing and the total amount of the expenses for the abatement of the vehicle, shall be served on the owner of the real property from which the vehicle was removed and the vehicle owner, if known, by certified mail. If the address of the owner of the vehicle is not known, the city shall post a copy of the notice in a conspicuous place on the property from which the vehicle or parts of a vehicle were removed and shall publish a copy of the notice in a newspaper of general circulation in the city, at least twice, no less then ten days before the hearing.
(D) Hearing Before City Council. Unless otherwise continued for good cause, the city council shall hold the hearing at the date, time and place specified on the notice served on the vehicle owner and the property owner. At the hearing, the city manager shall present the report to the city council, and the vehicle owner and property owner shall have the right to present any objections to the report. The city manager, the vehicle owner, and the property owner shall have the right to be represented by counsel.
(E) Decision of the City Council. At the conclusion of the hearing or within thirty days thereafter, the city council shall approve, reject or modify the city manager's report on expenses incurred in the abatement of the vehicle and shall issue a written decision which specifies the amount and nature of the approved expenses incurred by the city that shall be recovered from the vehicle owner or property owner and that such expenses shall be made either a personal debt of the vehicle owner or property owner or a special assessment against any real property owned by the vehicle owner or the property from which the vehicle was removed. If the amount of any special assessment imposed exceeds five hundred dollars, the city council may provide in its decision that the special assessment shall be payable in not more than five equal annual installment payments. A copy of the city council's decision shall be served on the vehicle owner and property owner through the procedure specified by state law for the service of a summons. The notice shall specify that the property may be sold after three years by the county tax collector for unpaid assessments.
(F) Recordation of Notices for Special Assessment. If the city council's decision designates the amount of approved abatement expenses as a special assessment against real property owned by the vehicle owner or the property from which the vehicle was removed, the city manager shall cause a copy of all notices given to the property owner or vehicle owner, and the city council's decision to be recorded at the office of the county recorder.
(G) Status of Special Assessment for Vehicle Abatement Costs. The abatement costs approved by the city council shall immediately, upon recordation, constitute a special assessment lien against the property. Such special assessment lien shall be subordinate to any existing special assessment which exists on the same property, but shall be paramount to all other liens except for state, county and municipal taxes with which the special assessment lien shall be in parity.
(H) Method for Collection of Special Assessment. The assessment shall be collected by the county tax collector at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency. All laws applicable to the levy, collection and enforcement of municipal taxes shall apply to this special assessment. However, if the real property on which the special assessment is placed has been transferred to a bona fide purchaser for value, or if the lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of the special assessment becomes delinquent, then the cost of abatement shall not result in a lien against the property but instead shall be transferred to the unsecured tax roll for collection.
(I) Sale of Property for Payment of Delinquent Special Assessment. The city may, subject to the requirements of state law, conduct a sale of vacant developed residential real property owned by the vehicle owner for which the payment of the special assessment is delinquent.
(J) Delinquent Assessments. All special assessments imposed for the removal of any vehicle subject to this chapter which remain unpaid after thirty days from the date for the recordation on the assessment roll shall become delinquent and shall bear interest at the rate of ten percent per year. The city may collect the debt through any legal means.
(K) Council Decision to Make Abatement Costs a Personal Debt of Vehicle Owner or Property Owner. As an alternative to making the city's abatement costs a special assessment on real property owned by the vehicle owner or property owner, the city council may designate that such approved abatement expenses shall be a personal debt of the vehicle owner or property owner which is payable within thirty days.
(L) Delinquent Debts. If the vehicle owner or property owner fails to pay the entire amount due within this time, the debt shall become delinquent and may be collected by the city through any legal means. Interest shall accrue on the unpaid debt at the rate of ten percent per year.
(M) Definition of Abatement Costs. For the purposes of this section, abatement costs shall include, but not be limited to, the city's costs incurred in removing the vehicle from the property by its own personnel, or by contract with a third party, costs incurred in giving required notices to the property owner and the owner of the vehicle, enforcement costs, including but not limited to, inspections, communications with the property and vehicle owner, and legal costs incurred in any judicial, administrative or special proceeding to abate the vehicle, and costs for the obtaining of an inspection warrant or other judicial order which authorizes removal of the vehicle from the property. Attorneys' fees may be awarded to any prevailing party in the action, but shall not in any case, exceed the reasonable amount of attorneys' fees incurred by the city in the action or proceeding. The city may designate at the beginning of any judicial, administrative or special proceeding whether it will apply for an award of attorney's fees to the prevailing party.
Chapter 10.40 VISION OBSTRUCTIONS AT INTERSECTIONS
10.40.010 Obstructions at intersections prohibited.
Notwithstanding any other provisions of law to the contrary, no fence, hedge, shrub, wall, retaining wall, earthen bank, or other landscaping or screening which exceeds a height of three feet above the street-pavement grade shall be allowed along the property lines or their projection, which is equal to the sum of the building setbacks on each of the two intersecting streets, existing or legal, whichever is less, or, within the area subtended.
10.40.020 Exceptions.
The foregoing provisions shall not apply to a permanent building or to trees which are trimmed to eliminate foliage for a distance of eight feet above the street-pavement grade.
10.40.030 Authority of traffic engineer.
The traffic engineer of the city, upon ascertaining that a violation of the above provisions exists, shall give written notice of the violation to the owner of the property involved. Such notice shall be given in the same manner and with the same effect as provided in Section 1013 of the California Code of Civil Procedure.
10.40.040 Responsibility of owner.
The property owner to whom the notice is given shall, within twenty days after the giving of notice by the Traffic Engineer, as provided in the preceding section, do whatever is necessary on his or her property to eliminate the violation of the provisions of this chapter.
10.40.050 Appeal procedure.
The property owner to whom notice has been given, as hereinabove provided, may, within ten days after the giving of such notice, file with the traffic engineer a written notice of appeal. The city public safety committee shall have the power, in exceptional cases, where it is impractical or physically impossible to comply with the strict letter of this chapter, and in order to provide for reasonable interpretations thereof, to modify the requirements of this chapter, in such a manner that the public welfare is secured, and substantial justice done, nearly in accord with the intent and purpose of this chapter. The determination and decision of the committee shall be final and conclusive.
10.40.060 Nuisance.
A condition which is in violation of the provisions of this chapter is hereby declared to be a public nuisance. The city is authorized to abate such nuisance by entering onto the property and removing the condition.
10.40.070 Cost of abatement a charge against the city—Collection of costs, unpaid costs of lien.
(A) Costs incurred by the city in the abatement of a condition which is in violation of the provisions of this chapter shall be a proper charge against the city treasury and paid therefrom. The traffic engineer shall give the owner of the property upon which the condition exists a written notice itemizing the expense of such abatement and requesting payment. If the amount of such costs is not paid to the traffic engineer within five days after giving such notice, he shall record in the office of the recorder of Napa County, California, a certificate substantially in the following form:
"Notice of Lien"
"Pursuant to authority vested in me by the American Canyon Traffic Code, I did on the day of ____, 20____, cause to be abated, at the owner's expense, in the amount of $ _____, a condition upon the real property hereinafter described. Said amount, nor any part, has not been paid. The City of American Canyon does hereby claim a lien upon said real property in said amount, which amount shall remain a lien upon said real property until paid in full, together with interest at the rate of 7% per annum from the date of recordation of this lien in the office of the Recorder of Napa County, California. The real property upon which lien is claimed is that certain parcel of land in the City of American Canyon, County of Napa, State of California, described as follows:
(Insert property description)
Dated: ______, 20____.
__________________________
American Canyon Traffic Engineer
(B) Costs incurred in such abatement shall remain a lien upon the property described in the lien notice until paid in full, plus accrued interest at the rate of seven percent per annum from the date of recordation. The statute of limitations shall not run against the city's right to enforce payment of such lien.
10.40.080 Alternate method of collection—Addition to tax bill of amount of costs—Procedure.
(A) As an alternative method of collection of the amount of the lien, the traffic engineer may record the notice of lien, as hereinabove provided, and may thereafter transmit it, or a facsimile, to the county auditor, who shall thereupon enter that amount on the county assessment book opposite the description of the particular lot or parcel of land; and the amount shall be collected together with all other taxes levied against the property.
(B) The assessment shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as is provided for all other municipal and county taxes against the property; and all laws applicable to the levy, collection and enforcement to such special assessment.
Chapter 10.44 BICYCLES
10.44.010 Operation of bicycles on roadways and bicycle routes.
(A) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.
(B) No operator shall allow a person riding as a passenger on a bicycle, and no person shall ride as a passenger on a bicycle, upon a highway other than upon or astride a separate seat attached thereto. If the passenger is a child, the seat shall have adequate provisions for retaining the child in place and for protecting the child from the moving parts of the bicycle.
10.44.020 Bicycle equipment.
(A) All bicycles licensed pursuant to this chapter shall conform to all the equipment requirements specified by the Vehicle Code and this code.
(B) No person shall operate upon a highway a bicycle which is of such a size as to prevent the operator from stopping the bicycle, supporting it in an upright position with at least one foot on the highway surface, and restarting it in a safe manner.
10.44.030 Parking bicycles.
(A) No person shall park a bicycle upon a street or against a building in such a manner as to obstruct pedestrian, bicycle, or motor vehicular traffic.
(B) No person shall leave a bicycle lying on its side on any sidewalk or park a bicycle on a sidewalk in a position that does not leave an adequate path for pedestrian traffic.
(C) Notwithstanding subsections A and B of this section, no person shall park a bicycle at any location which has been posted with signs prohibiting such parking.
10.44.040 Licensing of bicycles.
(A) No city resident shall ride, move, haul, or leave standing or allow to be ridden, moved, hauled, or left standing, any bicycle on any road, street, highway, or other public property unless such bicycle is licensed in accordance with this chapter.
(B) This section shall not apply to bicycle manufacturers or bicycle dealers transporting bicycles in the normal course of business.
10.44.050 Licensing agency.
The American Canyon fire protection district, a subsidiary district of the city, shall be responsible for carrying out the provisions of this chapter and is authorized and directed to register and license bicycles upon a written application for a license and the payment of the required fee.
10.44.060 Registration forms.
The registration form shall contain the following:
(A) The name and address of the registered owner,
(B) The make, type and model of the bicycle,
(C) The serial number of the bicycle,
(D) The license number of the bicycle,
(E) The original date of sale,
(F) A place for the name and address of a new registered owner,
(G) A place for the signature of the registered owner,
(H) A place for the signature of the registered owner releasing his interest,
(I) A place for the signature of the new registered owner, and
(J) A place for the name of the licensing agency.
10.44.070 Licensing and registration forms.
(A) Bicycle licenses and registration forms shall be supplied to the licensing agency by the city.
(B) The license shall be permanently affixed to the bicycle by the licensing agency and the registration form completed at the time of the registration or sale, whichever occurs first.
(C) Records shall be maintained by each licensing agency during the period of validity of the license.
10.44.080 Licensing and registration fees.
Upon an application for registration and licensing, the fee required pursuant to the provisions of this chapter shall be five dollars for a five-year license.
10.44.090 Disposition of fees.
(A) For each bicycle registered and licensed by a bicycle dealer a fee of fifty cents out of the license fee received may be retained by the bicycle dealer for his services.
(B) Revenues from the registration, replacement, and renewal of the license shall be paid to the director of finance monthly, and shall be retained by the city in a separate account, and shall be used for the support of the bicycle licensing and registration programs, and to improve bicycle safety programs, and to establish bicycle facilities, including bicycle paths and lanes, within the incorporated city limits.
10.44.100 Renewal of expired licenses.
The owner of a bicycle may have an expired bicycle license renewed upon the presentation of the bicycle, the last issued registration form or its copy, and the payment of the fee prescribed.
10.44.110 Transfers of ownership.
(A) Whenever the owner of the bicycle licensed pursuant to this chapter sells or otherwise disposes of a bicycle, he shall, within ten days, notify the licensing agency of such disposition.
(B) Any person who purchases or otherwise acquires the possession of a bicycle shall, within ten days of taking such possession, apply for the transfer of the license for such bicycle to his name.
10.44.120 Notification of change of address.
Whenever the owner of a registered bicycle licensed pursuant to this chapter changes his address, he shall, within ten days, notify the licensing agency of the old and new address.
10.44.130 Tampering with registration certificates, bicycle licenses and serial numbers.
(A) It shall be unlawful for any person to tamper with, destroy, mutilate, or alter any registration certificate issued pursuant to the provisions of this chapter.
(B) It shall be unlawful for any person to remove, destroy, mutilate, or in any way alter or tamper with any bicycle license issued pursuant to the provisions of this chapter.
(C) It shall be unlawful for any person to remove, alter, or mutilate the serial number of any bicycle frame licensed pursuant to the provisions of this chapter.
10.44.140 Bicycles in violation of laws.
The licensing agency shall have the right to impound and retain the possession of any bicycle on which the manufacturer's identification numbers have been altered, defaced, removed or destroyed.
10.44.150 Rental agencies.
A rental agency operating within the city shall not rent or offer any bicycle for rent unless such bicycle is licensed as provided in this chapter.
10.44.160 Violations.
Any violation of the provisions of this chapter shall be an infraction.
10.44.170 Fines.
(A) For each impounding fee for bicycles found to be in violation of the provisions of this chapter, there shall be paid a sum of five dollars.
(B) For each violation of the provisions of this article, there shall be a fine of five dollars.
(C) After a "mechanical warning ticket" is issued advising of the new bike license program, a fine of ten dollars or proof of correction shall be written in.
Chapter 10.48 PENALTIES
10.48.010 Violation—Penalty.
Every person convicted of an infraction for a violation of this code shall be punished upon a first conviction by a fine not exceeding one hundred dollars and for a second conviction within a period of one year by a fine of not exceeding two hundred dollars and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars.
10.48.020 Penalties for violations of specific sections of this title.
Every person convicted of a misdemeanor for violation of any of the provisions of Sections 10.24.010 through 10.24.050, 10.32.010 through 10.32.300, 10.40.010 through 10.40.080, and 10.44.010 through 10.44.170, except where a different penalty is expressly provided in said articles, shall be punished upon a first conviction by a fine not exceeding fifty dollars or more or by imprisonment in the county jail for not exceeding five days, and for a second conviction within a period of one year by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for not exceeding ten days, or by both such fines and imprisonment, and for a third or any subsequent conviction within said period of one year by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment.
10.48.030 Civil penalties for violations of vehicle parking and standing regulations.
(A) Violations of any provision in this traffic code governing the standing or parking of a vehicle which is not otherwise considered a misdemeanor under the city municipal code, State Vehicle Code or any federal statute or regulation shall be subject to civil penalty as established from time to time by resolution of the council.
(B) Imposition of any civil penalty for a vehicle parking or standing violation may be contested in accordance with the procedures set forth in Division 17, Chapter 1, Article 3 of the Vehicle Code entitled Procedure on Parking Violations (commencing with Vehicle Code Section 40200).
Chapter 10.52 TRIP REDUCTION REQUIREMENTS
10.52.010 Purpose.
The purpose of this chapter is to:
(A) Reduce peak period traffic and congestion by decreasing the number of single occupant vehicle trips associated with commuting;
(B) Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;
(C) Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards; and
(D) Increase the number of their employees that arrive at the worksite by means other than single occupant vehicles.
10.52.020 Authority.
(A) Section 65081 of the Government Code encourages metropolitan planning organizations and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone.
(B) Notwithstanding Section 40717.9 of the Health and Safety Code, the Bay Area Air Quality Management District ("BAAQMD") and the metropolitan transportation commission ("MTC") with respect to their respective jurisdictions jointly adopted a "Commute Benefit Ordinance" that applies to employers with fifty or more employees operating within BAAQMD.
(C) The city of American Canyon is located within the BAAQMD jurisdiction and therefore subject to the BAAQMD "Commute Benefit Ordinance."
10.52.030 Findings.
The city council declares that:
(A) The city is projected by both the state and the Bay Area Association of Governments to experience growth in population which will result in increases in traffic volume;
(B) The geographical and meteorological conditions in the city are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies;
(C) Transportation demand management techniques including, but not limited to, ridesharing, transit, compressed work weeks and bicycle use among employees are effective means of reducing work related trips. A reduction in the number of trips will reduce congestion and vehicle emissions.
10.52.040 Definitions.
"Air pollution control officer" (APCO) means the executive officer of the Bay Area Air Quality Management District, or a designee of the APCO. "Average vehicle ridership (AVR)" means the number of employees who start work at a work site during the peak period divided by the number of vehicles those employees use to arrive at the work site, averaged over the survey week as calculated pursuant to Section 10.52.050(K). (BAAQMD Section 13-1-202)
"Bus pool" means a privately operated or chartered bus which provides commute transportation on a subscription basis. This term is also known as a club bus.
"Car pool" means a vehicle occupied by two to six people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.
"Commission" means the metropolitan transportation commission.
"Commute Benefit Ordinance" is a partnership of the metropolitan transportation commission, managing employer outreach for the program, and the Bay Area Air Quality Management District, developer of Regulation 14 as authorized by California Government Code Section 65081.
"Commute trip" means the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.
"Compressed work week" means a regular fulltime work schedule which eliminates at least one round-trip commute trip (both home-to-work and work-to-home) at least once every two weeks. Examples include, but are not limited to, working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one-week period; or eight one-hour days and one eight-hour day (9/80) within a two-week period.
"Covered employee" means an employee who performed at least an average of twenty hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates.
"Covered employer" means any employer for which an average of fifty or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted.
"Disabled employee" means for purposes of the performance objective calculation pursuant to Section 14-1-601, an employee with a physical impairment which prevents the employee from traveling to the work site by means other than a vehicle and the employee has been issued a disabled person placard or plate from the Department of Motor Vehicles.
"District" means the Bay Area Air Quality Management District.
"Employee transportation coordinator (ETC)" means an employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the employer trip reduction program or employer trip reduction plan on full- or part-time basis.
"Employer program manager" means an employee with policy and budget authority who is responsible for the implementation of the employer trip reduction program or employer trip reduction plan and for fulfilling the requirements of this chapter.
"Employer trip reduction plan" means a document describing in detail the employer trip reduction program, including an implementation schedule, budget, and all the elements listed in Section 10.52.050(H)(1) which is submitted to the city for review and approval pursuant to Section 10.52.050(H).
"Employer trip reduction program" means a group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR or decreasing VER, and to achieve and maintain the performance objectives listed in Section 10.52.050(D).
"Field construction worker" means an employee who reports for work to a temporary field construction site.
"Field personnel" means employees who spend twenty percent or less of their work time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer provided vehicle.
"Independent contractor" means an individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety continuous days or is open ended.
"Peak period" means the time from six a.m. through ten a.m. Monday through Friday inclusive. (BAAQMD Section 13-1-221)
"Seasonal/temporary employee" means an employee who works for the employer for less than ninety continuous days (three months) within a calendar year.
"Single occupant vehicle" means a vehicle occupied by one employee.
"Survey week" means a regular five-day, Monday through Friday (inclusive), work week. The survey week for work sites within Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a federal, state or local holiday, regardless of whether the holiday is observed by the employer. A survey week that meets the above criteria is to be selected by the employer during January through May, or September through November for the employee transportation surveys required by Section 10.52.050(G). The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g. "Beat the Back-Up." (BAAQMD Section 13-1-224)
"Telecommuting" means a system of working at home or at an off-site, nonhome telecommute facility for the full work day on a regular basis of at least one day per week.
"Van pool" means a vehicle occupied by seven to fifteen employees including the driver who commutes together to work for the majority or their individual commute trip distance. Employees who work for different employers are included within this definition as long as they are in the vehicle for the majority of their individual trip distance.
"Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except: (1) a device moved exclusively by human power; (2) a device used exclusively upon stationary rails or tracks; (3) buses used for public or private transit. Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans and pickup trucks.
"Vehicle employee ratio (VER)" means the number of vehicles used by employees who start work at a work site during the peak period, divided by number of those employees averaged over the survey week as calculated to Section 10.52.050(k). VER is the reciprocal of AVR. (BAAQMD Section 13-1-222)
"Volunteer" means an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.
"Work activity" means any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.
"Work site" means any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycle or pedestrian travel such as a freeway or flood control channel is included as part of the work site. If two or more employers each have one hundred or more employees at a single work site, then that work site is considered a separate work site for each employer. (BAAQMD Section 12-1-232)
"Zone" means a geographical area within the district where the performance objectives contained in Section 10.52.050(D) apply to employers with work sites located within that zone. Zone 4—Napa County. (BAAQMD Section 13-1-233)
10.52.045 Compliance.
Notification to Covered Employers. The APCO will provide notice to covered employers within the district regarding the adoption and implementation of this rule by means of written notice and/or email notification.
10.52.050 Requirements.
(A) Applicability. This chapter requires covered employers to do the following:
(1) Designate a commuter benefits coordinator (as defined in Sections 14-1-204 and 14-1-403 of Regulation 14 Mobile Source Emissions Reduction) to implement the employer's commuter benefits program and comply with the requirements of this chapter.
(2) Select one of the commuter benefit options defined in Section 14-1-300 of Regulation 14 Mobile Source Emissions Reduction.
(3) Submit a registration form to the BAAQMD specifying which commuter benefit option the employer will provide.
(4) Notify employees of the commuter benefit option selected and make the benefit available to all eligible employees.
(5) Update the registration information on an annual basis.
(6) Maintain records to document implementation of the commuter benefit.
(7) Provide information requested by the BAAQMD for program evaluation purposes.
(B) Exemptions. Pursuant to SB 1339, if an employer participates in a transportation management association (TMA) that provides commuter benefits that comply with this chapter, the TMA may represent the employer for purposes of fulfilling the requirements defined in the rule.
(C) Effective Dates. Employers become subject to this chapter three to six months after final adoption. But be aware of the air district deadlines: Begin enforcing rule in area with no TRO — July 1, 1993; Employer registration deadline — September 30, 1993; over four hundred employees survey due November 30, 1993; etc. Note that the required survey dates are contained in subsection (G)(7) of this section along with an assumption of when employers become subject to the rule. Note that (G)(7) is a required section. The dates therein are not alterable if one wishes to maintain conformance with the board.
(D) Performance Objectives. Performance objectives are expressed in terms of AVR and VER. Employers have the option of reporting performance in terms of either AVR or VER or both. The performance objectives for (jurisdiction), by year, by type, follow: (BAAQMD Section 13-1-301)
| 1993 | 1994 | 1995 | 1996 | 1997 | 1998 | 1999 | |
|---|---|---|---|---|---|---|---|
| AVR | 1.05 | 1.10 | 1.15 | 1.20 | 1.25 | 1.30 | 1.30 |
| 1993 | 1994 | 1995 | 1996 | 1997 | 1998 | 1999 | |
| VER | 0.93 | 0.90 | 0.87 | 0.83 | 0.80 | 0.77 | 0.77 |
(E) Employee Transportation Coordinator (ETC). Employers must have an ETC(s) as specified within this section. (BAAQMD Section 13-1-403)
(1) Employers shall appoint an ETC for each affected work site. Employers with multiple affected work sites within the city may appoint one ETC for more than one work site, even when these work sites are located in different zones.
(2) ETCs must complete a training curriculum certified by the Bay Area Pollution Control District Air Pollution Control Officer within nine months of the effective dates of this chapter as specified in subsection C of this section, or within six months of appointment when appointed after the initial nine-month time frame.
(3) The employer may apply to the city for a waiver from the training requirement of subsection (E)(2) of this section when an ETC has one or more years of experience in trip reduction of equivalent skills.
(4) An ETC may also serve as the employer program manager provided that the individual meets the criteria specified Section 10.52.040.
(F) Employer Program Manager. Employers must have an employer program manager as specified in this section.
(1) Employers shall appoint an employer program manager. Employers with multiple affected work-sites within the city may appoint an employer program manager for more than one work site, even when these work sites are located in different zones.
(G) Employee Transportation Surveys. Employers must conduct employee transportation surveys as specified in this section to establish whether the performance objectives listed in subsection D of this section have been achieved. (BAAQMD Section 131-406)
(1) An employer shall conduct an employee transportation survey consistent with the procedure contained in subsection K of this section and submit the survey responses to the city in accordance with the schedule contained in subsection (G)(7) of this section;
(2) An employer has the option of processing the employee transportation surveys on-site or having the surveys processed by an outside entity. Survey processing must be consistent with the procedures contained in subsection K of this section, verifiable records must be maintained, and the survey results are to be submitted to the city in accordance with the schedule contained in subsection (G)(7) of this section;
(3) An employer may use a random sample employee survey method consistent with subsection L of this section for work sites where four hundred or more employees start work during the peak period;
(4) The city will notify employers of the due date for subsequent year surveys;
(5) Employee transportation surveys are to be conducted annually unless a work site demonstrates that a further year performance objective is achieved. These work sites are required to survey every other year as long as future year performance objectives continue to be achieved;
(6) An employer shall not offer any special incentives or disincentives in addition to its regular employer trip reduction program during the survey week. This limitation does not apply to activities undertaken by an employer in response to a Bay Area Air Quality Management District forecast exceedance day, e.g. the "Spare the Air" campaign;
(7) Employee transportation surveys are to be conducted as follows:
(a) Employers subject to this chapter July 1,
1993, with work sites of five hundred or more employees must conduct an employee transportation
survey at those work sites by November 30, 1993.
Note that the entire section is required (including the dates) if one wishes to maintain conformance with the BAAQMD. Also, it ties back to nonrequired subsection C of this section.
(b) Employers subject to this chapter July 1,
1993, with work sites of one hundred to four hundred ninety-nine employees must conduct an employee transportation survey at those work sites by May 31, 1994.
(c) Employers subject to this chapter July 1,
1994, with work sites of five hundred or more employees must conduct an employee transportation survey at those work sites by November 30, 1994.
(d) Employers subject to this chapter July 1,
1994, with work sites of one hundred to four hundred ninety-nine employees must conduct an employee transportation survey of those work sites by May 31, 1995.
(e) Employee transportation survey results are to be submitted to the city within ninety days of the survey week.
(f) Subject to city approval, an employee transportation survey conducted prior to the effective dates of this chapter may be submitted to fulfill the requirements of this subsection provided that (1) the survey was conducted within six months of this submittal date. and (2) it provides sufficient data to calculate the performance objective pursuant to subsection K of this section.
(8) Employers who become subject to this chapter subsequent to the schedule above, due to an increase in employees or the establishment of a new or expanded work site shall conduct an employee transportation survey within six months after meeting the requirements of subsection A of this section. The dates in subsection (G)(7)(e) of this section apply regarding submittal to the city.
(H) Requirement to Submit Employer Trip Reduction Plan. Employers that do not achieve the performance objectives established in subsection D of this section for the applicable year at any work site subject to this chapter shall prepare and submit an employer trip reduction plan for that work site to the city within one hundred twenty days of a determination that the performance objective was not achieved. An employer may submit a consolidated plan that covers multiple work sites. The city will issue a determination that the performance objective has not been achieved based upon information received pursuant to subsection G of this section.
(1) The employer trip reduction plan shall contain the following:
(a) A detailed description and inventory of trip reduction measures including a list of specific trip reduction measures already implemented,
(b) A description, schedule, and commitment to implement additional or enhanced measures which includes all reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives. The plan should include appropriate measures designed to address unique characteristics of the work site,
(c) Summary and discussion of the results of an attitudinal survey of employees or an employer/employee work group designed to ascertain employee attitudes toward various incentive and disincentive measures,
(d) A discussion of the progress achieved to date and an analysis of why the worksite(s) did not achieve the performance objective including special issues, circumstances, or conditions at the work site,
(e) A budget indicating all current and projected expenditures for the trip reduction measures.
(2) The plan shall be submitted by the highest ranking responsible official of the employer at the work site or each work site when a consolidated plan is submitted that covers multiple work sites.
(3) At the option of an employer, the employer trip reduction plan may include an alternative emission reduction program that demonstrates that the measures included in such program will achieve emission reductions equal to or greater than those that would have been realized if the performance objectives were achieved, and that these alternative measures are not required by any other federal, state or local control measure or regulatory requirement. Such an alternative emission reduction program shall include an update or progress monitoring report to be submitted at least every two years to fulfill the requirements of subsection (H)(7) of this section.
(4) The city shall approve and the employer shall implement an employer trip reduction plan that includes all reasonable, feasible and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity and the geographical distribution of employees relative to the work site; or the city shall approve an alternative demonstration pursuant to subsection (H)(3) of this section. The city shall disapprove any plan that does not meet the above specified approval criteria.
(5) An employer shall revise and resubmit to the city any disapproved plan within ninety days of the disapproval. If the revised plan is disapproved, the employer has one additional ninety-day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of the chapter subject to penalty.
(6) An employer may appeal any city disapproval of its employer trip reduction plan pursuant to subsection I of this section.
(7) An employer subject to this section shall update its employer trip reduction plan once every two years after plan approval until such time as the performance objective is achieved. Such plan updates are to be submitted every two years to the city on or before the anniversary date of plan approval.
(8) An employer subject to this section shall continue to meet the requirements of subsection G of this section.
(9) An employer shall revise and resubmit its employer trip reduction plan within ninety days of a final determination that an element of an approved employer trip reduction plan violates any provision of law is issued by an agency or court with jurisdiction to make such determination.
(I) Appeal of Plan Disapproval. An employer may appeal a plan disapproval made pursuant to subsection H of this section to the city through the procedure listed below:
(1) The employer submits a written notice of appeal to the city within thirty days of plan disapproval.
(2) The council of the city will convene to hear the appeal.
(3) The council of the city shall issue its decision on the appeal within thirty days after the close of the hearing.
(4) The due date for revised employer trip reduction plans pursuant to subsection (H)(5) of this section will be suspended during the appeal process authorized by this section.
(J) Confidentiality. The city will treat the information and data specified in this section as confidential.
(1) The city shall treat individual employee transportation survey responses, records and results submitted pursuant to subsection G of this section in a confidential manner and shall not release any information about individual employees to the public. Both aggregate and work site performance objective results for an employer shall be within the public domain.
(2) The city shall treat employer budget information submitted pursuant to subsection (H)(1)(e) of this section in a confidential manner and shall not release any budget information about individual employers to the public. Aggregate and generic budget information for trip reduction programs and measures shall be within the public domain.
(K) Performance Objective Calculation. AVR or VER for each affected work site is to be computed in a manner consistent with the following method.
(1) The employer conducts an employee transportation survey during a survey week.
(2) AVR is calculated only for' those employees who start work or are assigned to the work site during the peak period.
(3) If less than sixty percent of the survey forms are returned for processing from those employees who start work during the peak period, all survey forms not returned from those employees who start work during the peak period shall be counted as single occupant vehicles for purposes of calculating AVR or VER.
(4) If sixty percent or more of the survey forms are returned for processing from those employees who start work during the peak period, one-half of those survey forms not returned from those employees who start work during the peak period shall be assumed to have the same AVR or VER as that calculated from the responses to the surveys returned, and one-half shall be counted as single occupant vehicles for purposes of calculating AVR or VER.
(5) AVR for the work site shall be calculated by dividing the total "employee-days" for the survey week by the total "vehicle trip-days" for the survey week.
(6) VER for the work site shall be calculated by dividing the total "vehicle trip-days" for the survey week by the total "employee-days" for the survey week.
(a) Employee-days shall be determined as follows: the, total number of employees who start work or are assigned to a work site during the peak period each work day Monday through Friday of the survey week. Each day of the survey week that an employee starts work during the peak period counts as one employee-day. For example, an employee who starts work each day Monday through Friday of the survey week between six a.m. and ten a.m. counts as five employee-days. The following procedures are used in totaling employee-days:
(i) Employees telecommuting or are off due to a compressed work week schedule are counted as reporting to the work site in calculating the total employee-days.
(ii) The following employees are not included in the employee-days total:
(A) Employees not working because of vacation, sickness or other time-off,
(B) Employees who report to a different work site or an off-site work related activity,
(C) Disabled employees.
(b) Vehicle trip-days shall be determined as follows: the total number of vehicles used by employees who start work or are assigned to the worksite each work day Monday through Friday of the survey week. A vehicle trip-day is based on the means of transportation used for the greatest distance of an employee's home to work commute trip. An employee who starts work during the peak period and arrives at the work site each day of the survey week Monday through Friday in a single occupant vehicle counts as five vehicle trip-days. The following numerical values are used in calculating the total vehicle trip-days:
(i) Single occupant vehicle (drive alone) equals one,
(ii) Carpool equals one divided by the number of people in the carpool,
(iii) Vanpool equals one divided by the number of employees in the vanpool,
(iv) Motorcycle, moped, motorized scooter, or motor bike equal one,
(v) Clean-fueled vehicles are counted as follows:
(A) Electric vehicle equals zero,
(B) Compressed natural gas vehicle equals one-fourth (0.25),
(C) Propane vehicle equals one-half (0.50),
(D) Dual or flexible fueled vehicle equals three-fourths (0.75).
(vi) The following all equal zero vehicle trip-days:
(A) Public transit (bus, light rail, ferry, Caltrain, BART),
(B) Private buspool or club bus,
(C) Bicycle,
(D) Walking and other nonmotorized transportation modes,
(E) Employees telecommuting (only on the days those employees are telecommuting for the entire day),
(F) Employees who work a compressed work week schedule (only on their compressed day(s) off),
(G) Disabled employee vehicles at all times.
(vii) Employers with multiple work sites within the city have the option to average individual work site AVR or VER to demonstrate that the performance objectives are achieved on an aggregate basis for those work sites when the city is implementing the chapter. If the employer demonstrates that the performance objectives (subsection D of this section) are achieved using the averaging methodology, then those work sites included in the averaging are not subject to the requirements of subsection H of this section.
(A) The weighted AVR average for the multiple work sites is calculated by (1) adding together the "employee-days" for each work site (2) adding together the "vehicle trip-days" for each work site, then (3) dividing the aggregate "employee-days" by the aggregate "vehicle trip-days" to obtain the weighted AVR average.
(B) The weighted VER average for the multiple work sites is calculated by dividing the aggregate "vehicle trip-days" by the aggregate "employee-days."
(C) The weighted VER average for multiple work sites can also be calculated as the number of peak period employees multiplied by VER (Site 1) plus the number of peak period employees multiplied by VER (Site 2) divided by the total peak period employees (Sites 1 and 2).
(L) Random Sample Method. The method described in this section must be followed when an employer chooses to use a random sample to meet the requirements of subsection K of this section.
(1) Summary.
(a) Subsection (G)(3) of this section provides for an option for larger work sites to calculate AVR or VER based upon a random sample of the employee population. The random sample option is available only for work sites where four hundred or more employees start work during the peak period (six a.m. through ten a.m.).
(b) The size of the random sample depends upon the number of employees who start work during the peak period at the work site. The means to determine the minimum size of the random sample is described in subsection (L)(2)(b) of this section.
(c) The sample must be selected as described in subsection (L)(2)(d) of this section. Once the sample group has been selected, the employer is not permitted to send additional survey forms to employees beyond the original sample group. This will invalidate the results of the survey and void the employer's option to utilize the random sample method.
(d) A high response rate is critical to ensure that the random sample produces an accurate AVR or VER for the work site. The employer should make a concerted effort to obtain a completed survey from each employee in the sample. All nonrespondents in the sample will be treated as drive along commuters (i.e. commuting in a single occupant vehicle) for purposes of calculating the work site AVR or VER.
(2) Basic Random Sample Selection Methodology.
(a) The employer shall compile a complete list of employees at the work site, in alphabetical order, and assign a consecutive number to each employee. The employer shall exclude from the list employees who are known to regularly start work outside the six am. through ten a.m. peak period.
(b) The employer shall determine the number of employees to be included in the random sample using the following formula, where n is the sample size and N is the number of employees who start work between six am and ten a.m.
A sample size of "n" based on this formula should produce an AVR or VER with a sampling error of at most plus or minus 0.05, with ninety-five percent probability. The sample size based on this formula is displayed in the table below:
| Number of Peak Period Employees at Work Site | Sample Size |
|---|---|
| 400 to 420 | 200 |
| 421 to 440 | 205 |
| 441 to 460 | 210 |
| 461 to 480 | 214 |
| 481 to 500 | 218 |
| 501 to 550 | 225 |
| 551 to 600 | 235 |
| 601 to 650 | 240 |
| 651 to 700 | 248 |
| 701 to 750 | 255 |
| 751 to 800 | 260 |
| 801 to 850 | 265 |
| 851 to 900 | 270 |
| 901 to 950 | 274 |
| 951 to 1,000 | 278 |
| 1,001 to 1,500 | 300 |
| 1,501 to 2,000 | 320 |
| 2,001 to 3,000 | 340 |
| 3,001 to 4,000 | 350 |
| 4,001 to 6,000 | 360 |
| 6,001 to 10,000 | 370 |
| >10,001 | 380 |
(c) In no case can the random sample size be less than indicated in the above table. The employer may choose to include a larger number of employees in the survey. A larger sample group should more accurately represent the entire employee population, provided that the employer obtains a high response rate.
(d) After the sample size has been determined, the employer has two options for selecting the sample.
(i) Use a computer program to select distinct random numbers from the employee list (e.g., two hundred seventy-eight distinct random numbers between one and one thousand, where one thousand employees start working during the peak period).
(ii) Select employees from the list based upon a sampling interval and random starting number.
To determine the sample interval, the employer shall divide the total population of employees who start work during the six a.m. through ten am. peak period by the sample size and round the result down to the nearest integer.
Example: If a work site has one thousand employees who start work during the peak period and the sample size is two hundred seventy-eight, then the sampling interval equals 1,000 divided by 278 = 3.6. The 3.6 is rounded down to 3 to produce the sampling interval. Therefore, every third name on the list shall be selected beginning at a random starting number X where X is between 1 and 3. If X equals 3, then the sample would include numbers 3, 6, 9, 12, 15, etc., until the required 278 numbers have been selected.
(e) The methodology described in subsection (L)(2)(d) of this section will eliminate potential bias that could result from choosing survey participants on the basis of department, rank, income level, home code, or other demographic factors, or from excluding certain segments of the employee population.
(3) Selection Process for Subsequent Surveys.
(a) In subsequent surveys, the employer may select the random sample using the method described in subsection (L)(2) of this section or the employer may choose to survey the same employees that were included in the previous random sample. Employees in the previous random sample group who have left the orgrni7ation shall be replaced in the new sample by employees selected per subsection (L)(2) of this section. The latter approach may enable the employer to more accurately track changes in commute mode from one survey to next.
(b) If the number of employees who start work between six a.m. and ten a.m. has increased or decreased by more than twenty percent since last survey, the employer shall select a completely new random sample group using the methodology describe in subsection (L)(2) of this section.
(4) Performance Objective Calculation, Reporting and Recordkeeping.
(a) AVR or VER must be calculated according to the methodology describe in subsection K of this section. Notwithstanding, the provision of subsection (K)(4) of this section, any employee in the random sample group who fails to submit a completed survey form shall be included in the performance objective calculation as a drive long commuter (single occupant vehicle).
(b) The employer shall submit to the city: (1) the completed survey forms for processing or the results of the survey, according to the subsection (G)(7) or (G)(8) of this section; (2) a description of the methodology used to select the random sample; and (3) a tally showing the number of surveys distributed, the number completed, and the number of nonrespondents.
(c) The employer shall retain records needed to document adherence to this protocol for a period of at least three years, including the master list used to generate the random sample and the names and numbers selected from that list. Such records, files and documentation shall be made available to the city during any on-site audit conducted by the city.
Chapter 10.56 SPEED LIMITS
10.56.010 Decrease of prima facie speed limit.
It is hereby determined upon the basis of engineering and traffic surveys that the prima facie speed limits established by state law upon the following city streets are higher than is reasonable for the safe operation of vehicles thereon and it is hereby declared that lower prima facie speed limits shall be as hereinafter set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:
| ID | Roadway | Segment | Current Speed Limit (mph) | Recommended Speed Limit (mph) |
|---|---|---|---|---|
| 1 | Green Island Road | Mezzetta Court to SR 29 | 40 | 40 |
| 2 | Eucalyptus Drive |
Wetlands Edge Road to Donaldson Way |
35 | 30 |
| 3 | Benton Way | Wetlands Edge Road to Donaldson Way | 25 | 25 |
| 4 | Donaldson Way West | Donaldson Way to SR 29 | 25 | 25 |
| 5 | Donaldson Way East | SR 29 to Newell Drive | 25 | 25 |
| 6 | West American Canyon Road | Wetlands Edge Road to James Road | 40 | 35 |
| 7 | Kimberly Drive | Meadow Bay Drive to SR 29 | 25 | 25 |
| 8 | Wetlands Edge Road | Eucalyptus Drive to Kensington Way | 25 | 25 |
| 9 | Hummingbird Way | Benton Way to West American Canyon Road | 25 | 25 |
| 10 | Donaldson Way | Eucalyptus Drive to Benton Way | 25 | 25 |
| 11 | Elliott Drive | Benton Way to West American Road | 30 | 25 |
| 12 | Elliott Drive | West American Canyon Road and Marla Drive | 25 | 25 |
| 13 | James Road | Wilson Way to West American Canyon Road | 25 | 25 |
| 14 | Danrose Drive | West American Canyon Road to Mini Drive | 25 | 25 |
| 15 | Broadway Street | American Canyon Road to Mini Drive | 30 | 30 |
| 16 | Newell Drive | Northern Newell Open Space Extents to American Canyon Road | 35 | 30 |
| 17 | Flosden Road | American Canyon Road to Southern City Limits | 45 | 40 |
| 18 | American Canyon Road East | Broadway Street to Eastern City limits | 45 | 40 |
Chapter 10.60 PRIVATE STREET ENFORCEMENT
10.60.010 Enforcement of California Vehicle Code on private property.
Pursuant to California Vehicle Code Section 21107 et seq., all provisions of the California Vehicle Code shall apply to the privately owned streets listed below when the owner has caused to be posted in a conspicuous place at each entrance to that private street a notice not less than seventeen by twenty-two inches in size with lettering not less than one inch in height, to the effect that the private property is subject to public traffic regulations and control:
(A) Corvina Way; and
(B) Corvina Court.