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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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:
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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:
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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 •