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HomeMy WebLinkAboutO-1628 Amending Title 10 Regarding Vehicles and TrafficORDINANCE NO. 1628 (2016 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10 REGARDING VEHICLES AND TRAFFIC NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.08.010 of the San Luis Obispo Municipal Code, entitled Office of the city traffic engineer established — Authority to place and maintain traffic control devices, is hereby amended to read as follows: 10.08.010 Authority to place and maintain traffic -control devices. The Public Works Director or their designee(s) shall exercise the powers and duties as provided in Section 10.08.020 and in the traffic regulations of this city. Whenever the Public Works Director or their designee(s) is required or authorized to place or maintain official traffic -control devices or signals, he or she may cause such devices or signals to be placed or maintained SECTION 2. Section 10.08.020 of the San Luis Obispo Municipal Code, entitled Traffic engineer's powers and duties, is hereby amended to read as follows: 10.08.020 Powers and duties. It shall be the responsibility of the Public Works Director or their designee(s) to place and maintain or cause to be placed and maintained such traffic signals and other traffic control devices upon streets and highways as required hereunder and may place and maintain or cause to be placed and maintained such appropriate signs, signals, or other traffic control devices as may be authorized hereunder or as may be necessary to properly indicate and to carry out the provisions of this code and the California Vehicle Code to warn or guide traffic within the City of San Luis Obispo. These duties shall generally include but are not limited to 1) the installation and proper timing and maintenance of traffic -control devices and signals, 2) conducting engineering analyses of traffic accidents and to devise remedial measures, 3) conducting engineering and traffic investigations of traffic conditions, 4) recommending traffic -control devices for inclusion in the capital improvement program and present plans for consideration by the council, 5) approving field modifications of traffic control devices through work conducted by City staff or contractors, 6) to cooperate with other city officials in the development of ways and means to improve traffic conditions, 7) and to carry out the additional powers and duties imposed by ordinances of this city. Whenever, by the provisions of this title, a power is granted to the Public Works Director or their designee(s) or a duty imposed upon him or her, the power may be exercised or the duty performed by him or her. 01628 Ordinance No. 1628 (2016 Series) Page 2 SECTION 3. Section 10.08.030 of the San Luis Obispo Municipal Code, entitled Traffic -control devices and markings—Installation and maintenance, is hereby amended to read as follows: 10.08.030 Traffic -control devices and markings—Installation and maintenance. The physical maintenance of traffic -control devices and markings shall be handled by the public works department. The installation of devices, signs or markings authorized by the Public Works Director or their designee(s) will be either by contract or through the public works department. SECTION 4. Section 10. 12.020 of the San Luis Obispo Municipal Code, entitled Persons other than officials shall not direct traffic, is hereby amended to read as follows: 10.12.020 Persons other than officials shall not direct traffic. No person other than an officer of the police department or members of the fire department or a person authorized by the chief of police or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as provided in this title, any mechanical pushbutton signal erected by order of the Public Works Director or their designee(s). SECTION 5. Section 10.14.010 of the San Luis Obispo Municipal Code, entitled Authority to place and maintain, is hereby amended to read as follows: 10.14.010 Authority to place and maintain. A. The Public Works Director or their designee(s) shall have the power and duty to place or cause to be placed official traffic -control devices when and as required to make effective the provisions of this title. B. Whenever the Vehicle Code 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 Public Works Director or their designee(s) is authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto. C. The Public Works Director or their designee(s) may also place or cause to be placed such additional traffic -control devices as he or she may deem necessary or proper 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 this chapter or as may be determined by ordinance or resolution of the council. SECTION 6. Section 10. 14.040 of the San Luis Obispo Municipal Code, entitled Traffic signal installation, is hereby amended to read as follows: Ordinance No. 1628 (2016 Series) 10.14.040 Traffic signal installation. Page 3 A. The Public Works Director or their designee(s) is directed to install official traffic signals 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 Public Works Director or their designee(s) shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and his or her determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Traffic Manual issued by the California Department of Transportation. C. Whenever the Public Works Director or their designee(s) installs an official traffic signal at any intersection, he or she shall likewise erect at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any such intersection. SECTION 7. Section 10.14.050 of the San Luis Obispo Municipal Code, entitled Lane marking, is hereby amended to read as follows: 10.14.050 Lane marking. The Public Works Director or their designee(s) is authorized mark centerlines 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 centerline of the highway. SECTION 8. Section 10. 14.060 of the San Luis Obispo Municipal Code, entitled Distinctive roadway markings – Authority to place, is hereby amended to read as follows: 10.14.060 Distinctive roadway markings—Authority to place. The Public Works Director or their designee(s) is authorized to place distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed by the State Department of Transportation pursuant to the provisions of the Vehicle Code. SECTION 9. Section 10. 14.070 of the San Luis Obispo Municipal Code, entitled Removal, relocation and discontinuance - Authority, is hereby amended to read as follows: 10.14.070 Removal, relocation and discontinuance—Authority. The Public Works Director or their designee(s) is authorized to remove, relocate or discontinue the operation of any traffic -control device not specifically required by the Vehicle Code or this title whenever he or she shall determine in any particular case that the conditions which warranted or required the installation no longer exist. 01628 Ordinance No. 1628 (2016 Series) Page 4 SECTION 10. Section 10. 14.080 of the San Luis Obispo Municipal Code, entitled Hours of operation, is hereby amended to read as follows: 10.14.080 Hours of operation. The Public Works Director or their designee(s) 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 title. SECTION 11. Section 10.16.010 of the San Luis Obispo Municipal Code, entitled Turning markers – Authority to place – Obedience to required, is hereby amended to read as follows: 10.16.010 Turning markers—Authority to place—Obedience to required. A. The Public Works Director or their designee(s) is authorized to place markers, buttons or other official traffic -control signs within or adjacent to intersections and indicating the course to be traveled by vehicles turning at such intersections, and the Public Works Director or their designee(s) is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. 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. SECTION 12. Section 10.16.020 of the San Luis Obispo Municipal Code, entitled Restricted turn signs Authority to place, is hereby amended to read as follows: 10.16.020 Restricted turn signs Authority to place. The Public Works Director or their designee(s) 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. SECTION 13. Section 10.16.040 of the San Luis Obispo Municipal Code, entitled No free right turn on red light signs Obedience required—Sign posting, is hereby amended to read as follows: 10.16.040 No free right turn on red light signs Obedience required—Sign posting. A. No driver of a vehicle shall make a right turn against a red or stop signal at any intersection which is sign -posted giving notice of such restriction a provided in subsection B of this section. 01628 Ordinance No. 1628 (2016 Series) Page 5 B. The Public Works Director or their designee(s) shall post appropriate signs giving effect to this section where he or she determines that the making of right turns against a traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic. SECTION 14. Section 10.20.010 of the San Luis Obispo Municipal Code, entitled Sign posting, is hereby amended to read as follows: 10.20.010 Sign posting. Whenever any ordinance or resolution of this city designates any one-way street or alley, the Public Works Director or their designee(s) shall place signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Prior code § 3205) SECTION 15. Section 10.24.010 of the San Luis Obispo Municipal Code, entitled Stop signs – Erection – Removal – Obedience to required, is hereby amended to read as follows: 10.24.010 Stop signs—Erection—Removal—Obedience to required. The Public Works Director or their designee(s) is authorized to erect stop signs at those locations where he or she deems such controls to be necessary or remove those signs no longer warranted in order to protect the public safety. When signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance or entrances to such intersections. SECTION 16. Section 10.28.030 of the San Luis Obispo Municipal Code, entitled Riding or driving on sidewalk, is hereby amended to read as follows: 10.28.030 Riding or driving on sidewalk. No person shall ride, drive, propel, or cause to be propelled, any vehicle or animal across or upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that the sidewalk area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the Public Works Director or their designee(s). Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m. SECTION 17. Section 10.28.060 of the San Luis Obispo Municipal Code, entitled Barriers and signs—Placing or erecting—Tampering with—Obedience to required, is hereby amended to read as follows: 10.28.060 Barriers and signs—Placing or erecting—Tampering with—Obedience to required. No person, public utility or department in the city shall erect or place any barrier or sign on any street unless of a type approved by the Public Works Director or their designee(s) or disobey the instructions, remove, tamper with or destroy any barrier or sign lawfully placed on any street by any person, public utility or by any department of this city. 01628 Ordinance No. 1628 (2016 Series) Page 6 SECTION 18. Section 10.32.010 of the San Luis Obispo Municipal Code, entitled Crosswalks - Establishment, is hereby amended to read as follows: 10.32.010 Crosswalks—Establishment. A. The Public Works Director or their designee(s) shall establish and designate crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows: Crosswalks shall be established and maintained at all intersections within the central traffic district and at such intersections outside such districts, and at other places within or outside the district where the Public Works Director or their designee(s) determines that there is particular hazard to pedestrians crossing the roadway, subject to the limitations 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 and such crosswalk shall be located as nearly as practicable at midblock. C. The Public Works Director or their designee(s) may place signs at or adjacent to an intersection in respect to any crosswalk directing that pedestrians shall not cross in the crosswalk so indicated. SECTION 19. Section 10.36.010 of the San Luis Obispo Municipal Code, entitled Applicability of provisions – Temporary alteration of parking controls and regulations by traffic engineer, is hereby amended to read as follows: 10.36.010 Applicability of provisions—Temporary alteration of parking controls and regulations by Public Works Director or their designee(s). A. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times as specified in this chapter, 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 chapter 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 Vehicle Code or the ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. C. The Public Works Director or their designee(s) or his or her designated alternate may, at his or her discretion, set aside, suspend or relocate parking controls and regulations on a temporary basis when it is found to be in the public interest or required for traffic safety. Before any such temporary change may become effective, the Public Works Director or their designee(s) shall receive the police department's approval for the change and have the change posted. 01628 Ordinance No. 1628 (2016 Series) Page 7 SECTION 20. Section 10.36.030 of the San Luis Obispo Municipal Code, entitled Maintenance of no stopping an no parking zones — city traffic engineer duty — Compliance with markings required, is hereby amended to read as follows: 10.36.030 Maintenance of no stopping and no parking zones — Public Works Director or their designee(s) duty — Compliance with markings required. A. Public Works Director or their designee(s) is authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined and described in this chapter. B. When the curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the provisions of this chapter. SECTION 21. Subsection C of Section 10.36.040 of the San Luis Obispo Municipal Code, entitled No parking areas, is hereby amended to read as follows: C. In any area where the Public Works Director or their designee(s) determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; SECTION 22. Section 10.36.090 of the San Luis Obispo Municipal Code, entitled Parking adjacent to schools, is hereby amended to read as follows: 10.36.090 Parking adjacent to schools. A. The Public Works Director or their designee(s) is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his or her opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. SECTION 23. Subsection A of Section 10.36.100 of the San Luis Obispo Municipal Code, entitled Parking prohibited on narrow streets, is hereby amended to read as follows: 10.36.100 Parking prohibited on narrow streets. A. The Public Works Director or their designee(s) 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 one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet. SECTION 24. Section 10.36.140 of the San Luis Obispo Municipal Code, entitled Parking of large or commercial vehicles near intersections, is hereby amended to read as follows: A Ordinance No. 1628 (2016 Series) Page 8 10.36.140 Parking of large or commercial vehicles near intersections. No person shall park any vehicle greater than six feet in height, including any load thereon, within one hundred feet of any intersection at any time. This section shall not apply to any particular intersection until signs or markings giving adequate notice thereof have been placed as determined appropriate by Public Works Director or their designee(s). SECTION 25. Section 10.36.190 of the San Luis Obispo Municipal Code, entitled Designation of residential parking permit areas – Sign posting, is hereby amended to read as follows: 10.36.190 Designation of residential parking permit areas—Sign posting. Upon adoption of a resolution by the council designating an area of the city as a residential parking permit area, the Public Works Director or their designee(s) shall cause appropriate signs to be erected along the streets identified in the resolution which shall give notice of the limitation on the parking of vehicles in the area as provided in Section 10.36.170, and shall indicate the hours and days when such limitations shall be in effect. SECTION 26. Section 10.40.010 of the San Luis Obispo Municipal Code, entitled Timed parking, is hereby amended to read as follows: 10.40.010 Timed parking. When authorized signs, parking meters or curb markings have been determined by the Public Works Director or their designee(s) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours established by Section 10.52.030, for a period of time longer than designated time posted by sign, parking meter or curb marking. Green curb markings shall mean no standing or parking of time longer than ten minutes up to one hour. All other time designations shall be from one hour up to ten hours. Vehicle must move a minimum of one hundred fifty meters once designated time at occupied space has elapsed. SECTION 27. Subsection C of Section 10.40.040 of the San Luis Obispo Municipal Code, entitled Parking parallel on one way street, is hereby amended to read as follows: C. The Public Works Director or their designee(s) is authorized to determine when standing or parking shall be prohibited upon the left-hand side of any one-way roadway or a highway having two or more separate roadways and shall erect signs giving notice thereof. SECTION 28. Subsection A of Section 10.40.060 of the San Luis Obispo Municipal Code, entitled Parking space markings, is hereby amended to read as follows: 10.40.060 Parking space markings. A. The Public Works Director or their designee(s) is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings on city streets and in municipal parking lots where authorized parking is permitted. 01628 Ordinance No. 1628 (2016 Series) Page 9 SECTION 29. Section 10.40.070 of the San Luis Obispo Municipal Code, entitled No stopping zones, is hereby amended to read as follows: 10.40.070 No stopping zones. A. The Public Works Director or their designee(s) shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and days when stopping is prohibited. B. During the hours and on the days designated on the signs, it is unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by the Public Works Director or their designee(s) as no stopping zones. SECTION 30. Subsection A of Section 10.44.010 of the San Luis Obispo Municipal Code, entitled Loading zones – Marking - Authority, is hereby amended to read as follows: 10.44.010 Loading zones—Marking—Authority. A. The Public Works Director or their designee(s) is authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in the central traffic district or any 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. SECTION 31. Section 10.44.020 of the San Luis Obispo Municipal Code, entitled Curb marking – Meanings – Authority to place, is hereby amended to read as follows: 10.44.020 Curb markings—Meanings—Authority to place. The Public Works Director or their designee(s) is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section. A. "Red" means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. B. "Yellow" means no stopping, standing or parking at any time between seven a.m. and six p.m. every Monday to Saturday, and between one p.m. and six p.m. every Sunday, for any purpose other than the commercial loading or unloading of materials by a commercially registered and licensed vehicle or a professionally signed passenger vehicle that displays an authorized commercial loading zone permit. The commercial loading zone permit requirements and fee shall be established by resolution. 01628 Ordinance No. 1628 (2016 Series) Page 10 C. "White" means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall be from three minutes to a maximum of ten minutes, and such restrictions shall apply between seven a.m. and six p.m. every Monday to Saturday, and between one p.m. and six p.m. every Sunday, and except as follows: 1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. 2. When such zone is in front of a theater the restrictions shall apply at all times. D. When the Public Works Director or their designee(s) as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. SECTION 32. Section 10.44.060 of the San Luis Obispo Municipal Code, entitled Bus zoned — Establishment - Authority, is hereby amended to read as follows: 10.44.060 Bus zoned—Establishment—Authority. A. The Public Works Director or their designee(s) is authorized to establish bus zones for the loading and unloading of buses and common carriers or passengers, and to determine the location thereof. B. Bus zones shall normally be established on the far side of an intersection. SECTION 33. Subsection A of Section 10.44.070 of the San Luis Obispo Municipal Code, entitled Handicapped parking, is hereby amended to read as follows: A. The Public Works Director or their designee(s) shall designate special "blue curb" parking spaces for the purpose of providing on -street parking for exclusive use by disabled persons. SECTION 34. Subsection B of Section 10.44.070 of the San Luis Obispo Municipal Code, entitled Handicapped parking, is hereby amended to read as follows: B. The Public Works Director or their designee(s) shall designate parking stalls or spaces in publicly owned, leased or controlled off-street parking facilities for exclusive use by disabled persons. SECTION 35. Subsection A of Section 10.48.040 of the San Luis Obispo Municipal Code, entitled Truck routes, is hereby amended to read as follows: A. Whenever the city designates and describes any street or portion thereof as a street, the use of which is permitted by any vehicle exceeding a maximum gross weight limit of five tons, the Public Works Director or their designee(s) is authorized to designate such street or streets by appropriate signs as "truck routes" for the movement of vehicles exceeding a maximum gross weight limit of five tons. 01628 Ordinance No. 1628 (2016 Series) Page 11 SECTION 36. Subsection A of Section 10.48.050 of the San Luis Obispo Municipal Code, entitled Commercial vehicles prohibited from using certain streets – Sign posting, is hereby amended to read as follows: A. Whenever any resolution of the city designates and describes any street or portion thereof as a street, the use of which is prohibited by any commercial vehicle, the Public Works Director or their designee(s) shall erect and maintain appropriate signs on those streets affected by such designation. SECTION 37. Subsection A of Section 10.52.020 of the San Luis Obispo Municipal Code, entitled Installation, is hereby amended to read as follows: A. The Public Works Director or their designee(s) may cause parking meters to be installed and maintained in all parking meter zones. SECTION 38. Section 10.52.110 of the San Luis Obispo Municipal Code, entitled Motorcycle spaces, is hereby amended to read as follows: 10.52.110 Motorcycle spaces. The Public Works Director or their designee(s) may designate and cause to be installed and maintained parking spaces for the exclusive use of motorcycles, motorized bicycles and motor driven cycles. Parking meter rates for these spaces shall be one-half the rate established by Section 10.52.010(B). SECTION 39. Section 10.56.010 of the San Luis Obispo Municipal Code, entitled Speed limit designation, is hereby amended to read as follows: 10.56.010 Speed limit designation. Prima facie speed limits shall be determined by the Public Works Director or their designee(s) pursuant to provisions set forth in the California Vehicle Code. A speed limit established pursuant to this section shall be effective when appropriate signs giving notice thereof are erected upon a street. SECTION 40. Section 10.56.020 of the San Luis Obispo Municipal Code, entitled Regulation of speed by traffic signals – Sign posting, is hereby amended to read as follows: 10.56.020 Regulation of speed by traffic signals—Sign posting. The Public Works Director or their designee(s) is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and may erect appropriate signs giving notice thereof. SECTION 41. Section 10.60.020 of the San Luis Obispo Municipal Code, entitled Intersections, is hereby amended to read as follows: 01628 Ordinance No. 1628 (2016 Series) 10.60.020 Intersections. Page 12 At intersections not controlled by a stop sign or traffic signal, no plant, structure, or other solid object over three feet high (above adjacent curb) which would obstruct visibility may be located within the area indicated in Figure 8 as shown in Section 17.16.020(E)(2)(f) of the zoning regulations. At controlled intersections, the Public Works Director or their designee(s) may determine visibility requirements for proper sight distance. SECTION 42. Section 10.80.020 of the San Luis Obispo Municipal Code, entitled Permit - Required, is hereby amended to read as follows: 10.80.020 Permit—Required. No vehicle or structure which exceeds the size and/or weight limitations established by the California Vehicle Code shall be allowed on city streets without first obtaining a permit issued by the Public Works Director or their designee(s) and complying with the conditions set forth by the permit. SECTION 43. Subsection A of Section 10.80.050 of the San Luis Obispo Municipal Code, entitled Permit – Denial – Restrictions – Permit holders responsibilities, is hereby amended to read as follows: 10.80.050 Permit—Denial—Restrictions—Permit holders responsibilities. A. The Public Works Director or their designee(s) may deny the issuance of a permit or set special requirements based upon public safety and the limitation of the street system to handle the proposed vehicle or structure. SECTION 44. Subsection D of Section 10.80.050 of the San Luis Obispo Municipal Code, entitled Permit – Denial – Restrictions – Permit holders responsibilities, is hereby amended to read as follows: D. Upon completion of a move, and as directed by the Public Works Director or their designee(s) or the police department, the permit holder shall clear the right-of-way of materials left by his or her operation and restore it to the condition existing prior to the move. SECTION 45. Section 10.80.070 of the San Luis Obispo Municipal Code, entitled Liability insurance required, is hereby amended to read as follows: 01628 Ordinance No. 1628 (2016 Series) Page 13 10.80.070 Liability insurance required. The permit holder is responsible for personal injury or private property damage which may occur through any act or omission when acting under a permit; and in the event any claim is made against the city or any department, officer, agent or employee thereof, by reason of, or in connection with, any such act or omission, the permit holder shall defend, indemnify and hold each of them harmless from such claim. The permit shall not be effective for any purpose unless and until the permit holder files with the Public Works Director or their designee(s) an insurance certificate and an "additional insured endorsement" to the satisfaction of the city attorney. The insurance certificate supplied shall reflect the endorsement naming the city, its officers, agents and employees, as additional insured, and indicate that the policy will not be canceled or the coverage reduced without ten days' advance written notice to the city. The amount of coverage shall not be less than that required by the California Vehicle Code for vehicles weighing in excess of seven thousand pounds unladen weight per Section 16600.5 or such other amount considered appropriate for unusually large or heavy loads which pose a substantial risk to public facilities, as determined by the Public Works Director or their designee(s) and city attorney. SECTION 46. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 47. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. 01628 Ordinance No. 1628 (2016 Series) Page 14 INTRODUCED on the 5th day of January, 2016, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16th day of February, 2016, on the following roll call vote: AYES: Council Members Ashbaugh, Christianson, and Rivoire, Vice Mayor Carpenter and Mayor Marx NOES: None ABSENT: None Mayor J Marx ATTEST: APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereulto set my hand and affixed the official seal of the City of San Luis Obispo, California, this � day of M&1&tl , �Z0( • olabehere City Clerk If •