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HomeMy WebLinkAboutORD NO 355ORDINANCE NO. D[ '~NEW SERIES AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF BAEE'_~SFIEID, AND REPEAL- ING ALL ORDINANCES INCONSISTENT HE REI.'~; ITH. BE IT ORDAINED BY THE COUNCIL OF TH.E CITY OF BAKERSFIELD, as follows: ARTICLE I. DEFINIT IONS .' SECTION 1. Whenever in this ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section: ALLEY. A public highway which does not e~ceed thirty-three (33) feet between the property lines. STREET. Every way set apart for public travel except alleys, bridle paths and foot paths. ROADWAY. That portion of a street between the regularly established curb lines. SIDEWALK. That portion of the street between the curb lines and the adjacent property lines. INTERSECTION. The area embraced within the prolongation of the property lines of two or more streets ~ich join at an angle, whether or not one such street crosses the other. CROSSWALK. That portion of the ro~.~dway included within the prolongation of curb and property lines at street intersections, or that part of the roadway so designated by lines or other marks on the surface of the roadway. RESTRICTED ZONE. The space adjacent to a curb painted or designated by signs in accordance with the provisions of this ord- inance which is restricted as to standing, stopping or parking with- in the meaning of the lettering thereon md subject to the provi- sions of Article V of this ordinance. VEHICLE. Every device or animal by which any person or property is or may be transported or drawn upon a street, ex- cepting devices moved by human power or used exclusively upon rails. For the purpose of this ordinance s bicycle shall be deemed a vehicle. PERSON. Every natural person, fi~m, copartnership, asso- ciation or corporation. STREET CAR. Every device traveling exclusively upon rails. PEDESTRIAN. Any person afoot. OPERATOR. Any person who is in actual physical control of a vehicle or street car. TRAFFIC. The lawful and orderly use of the streets and alleys for the purpose of travel by pedestrians, vehicles and street cars, both singly and together. BUSINESS DISTRICT. The territory contiguous to a street when fifty per cent or more of the property fronting on one side of said street for a distance of six-hundred (600) feet, or where fifty percent or mom~e of the property fronting on both sides collectively of said street for a distance of three hundred (300) feet is occupied by buildings in use for retail, wholesale, and other business; also, any territory ~'ontiguous to a street which is im- mediately ~djacent to or in continuation of a street within a business district when such territory is so designated by the City ~anager. RESIDENCE DISTRICT. A residence district for the purpose of this act shall mean the territory contiguous to a public highway, not comprising a business district as herein defined, when the prop- erty fronting on one side of said highway for a distance of at least a. quarter of a mile is occupied by thirteen or more separate dwell- ~.ng houses or business structures, or w~ere the property fronting on both sides collectively of said highway for at least a quarter of a mile is occupied by sixteen or more separate dwelling houses, or 'business structures. -2- RIGHT OF WAY. The privilege of the immediate use of the street, or alley. PARK. To stand a vehicle for a period of time greater than is reasonably necessary for the actual loading or unloading of persons or materials. 0FFI~IAL ~'~:ARNING AND DIRECTION SIGNS AND SIGNALS. All warhing and direction signs and signals not inconsistent with this o~dinance heretofQre or hereafter placed or erected under this ord-. inance or by authority of the City Council. CENTRAL TRAFFIC DISTRICT. All that territory included and bounded by 1Vth Street, G Street, 22nd Street, and N Street shall constitute the Central Traffic District. ARTICLE II. AUTHORITY OF POLICE, TRAFFIC SIGNS A~D SIGNALS. SECTION 2. OBEDIENCE TO POLICE. Officers of the Police Department are hereby authorized to direct all traffic by means of visible or audible signal. It shall be unla'.~.ful for any person to r"fuse or fail to comply with any lawful order, or signal, or direction of a traffic or police officer, or at any regularly established school crossing 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; pro- vided that such persons giving any order, signal or direction, at such school crossings, s_hall, at the time, be wearing some insignia indicating such appointment. It shall be unlawful for any minor or other person to direct or attempt to direct traffic unless authorized to do so by the Chief of Police. SECTION 3. SIGNS. The City Council shall determine and d_eSignate the character of all official warning and direction signs and signals. Subject to this selection, the City Manager is her.eby authorized, and as to those signs 'required hereunder, it Shall be his duty to place and maintain or cause to be placed and maintained all official warning and direction signs and signals° It is the purpose of this section to reserve to the City of Bakersfield all rights and privileges of marking, painting, or otherwise designating restrictions pertaining to the parking and directing of traffic and it is hereby declared to be a misdemeanor for any person, firm or corporation to paint, mark or otherwise designate, or cause to be painted, marked or otherwise designated, any restrictions or directions as to traffic of any character on any Street, curb, gutter or sidewalk, in conflict with the provisions of this section. No provision of this ordinance for which signs are .re~_uired shall be enforceable against the alleged violator if at the time and place of the alleged violation the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person. SECTION 4. 'OBEDIENCE TO TRAFFIC SI. GNS. It shall be unlawful for any operator or pedestrian to disobey the instr~actions of any mechanical or electrical traffic signal, traffic sign or marks upon the street placed in accordance with the provisions of this ordinance. No person, public utility, or department of this city shall erect or place any barrier or sign unless of a type first approved by the City Mansger. It shall be unlawful-for any operator or pedestrian to disobey the instructions of any barrier or sign approved, as above provided, erected or placed' by a public utility or any department of this city. SECTION 5. TRAFFIC SIGNALS. If controlled by an officer the following signals shall be observed: One (1) blast of a whistle indicates that all traffic approaching the intersection / shall stop. · Two (2) blasts of a whistle indicates that traffic shall proceed in the direction indicated by the officer. Three (3)..~'r more blasts of a whistle is a signal of alarm and ind. icates the approach of a fire engine or other emer- gency vehicle, or of danger. At such a signal, the driver· of every vehicle shall immediately drive the same to a position as " near as possible to the right hand edge or curb of the street, · clear of any intersection, and shall stop and remain in such position, unless otherwise directed by a police or traffic officer, until fire engine, emergency vehicle, or danger has passed, or until permitted to proceed by a police or traffic officer. Extending the arms indicates that traffic moving parallel to the extended arms shall proceed and traffic moving at right angles thereto shall stop. If controlled by mechanical devices, the following signals for the direction of traffic are hereby authorized and shall be observed: Whenewer traffic at any intersection is regulated by "S p and mechanical or electrical signal, the following to " "Go" colors are hereby authorized and shall be used, and none other, and those colors here in authorized shall indicate' as follows: RED, except in flashing signals, requires that traffic shall stop and remain standing. GREEN, requires that traffic shall move and continue in motion, except when stopped for the purpose of avoiding an accident, or in the event of other emergency, 9r when stopped at the command of a police officer. BELLS. The ringing of a bell in connection with any mechanical or electrical signal shall indicate preparation for a change in direc- tion of the traffic movement. When such bell is sounded, no traffic shall enter the intersection until a green or "Go" signal is shown. WH~N RIGHT TURNS M~Y BE MADE. After making a full stop at the prolongation of the nearer property ].ine of the intersecting street a right turn may be · made at the intersection by the operator of any vehicle, against a m~....]hanical traffic signal, subject to the rights of pedestrians. SECTION 8. CITY .MANAGER REt6UIRED TO ESTABLISh.' CROSSWALKS. "~'~ The Cit~ Manager is hereby authorized and required to establish and maintain and to designate upon the surface of the roadway, by appropriate devices, marks or painted lines, cross- walks approximately equal in width to the adjacent sidewalks at all intersections where in his opinion there is particular danger to pedestrians crossing the roadway. When crosswalks are establi~ed and maintained outside a business district, the City Manager shall mark and maintain upon the surface of the roadway an arrow not less than twelve (12) inches wide in the shaft and not less than thirty (30) feet long, pointing in the direction of such crosswalk, together with the word "SLOW" in block letters not less than twenty-four (24) inches high, with not less than four (4) inch stroke, one-hundred (lO0) feet dis- tant from each crosswalk so established. SECTION V. CITY MANAGER AUTHORIZED ~3 ESTABLISH TRAFFIC LANES. The City Manager is hereby authorized to mark traffic lanes upon the roadway where a regular alignment of traffic is necessary. V~here such lanes have been marked, it shall be unlawful for any operator of a vehicle to fail to keep his vehicle within the des ignated boundaries. ARTICLE III. PEDESTRIANS. SECTION 8. PEDESTRIANS, RIGHT OF WAY AT INTERSECTION. (a) It shall be unlawful for the operator of any vehicle or street car to drive into any crosswalk which is marked as pro- vided in Section V of this ordinance while there is in such cross- walk, upon the half of the roadway upon which such vehicle or street car is traveling, any pedestrian engaged in crossing the roadway, until such pedestrian shall have passed beyond the course of said vehicle or street car. (b) It shall be unlawful for the operator of any vehicle to drive into any unmarked crosswalk while there is in such cross- -8- walk, upon the half of the roadway upon which vehicle is traveling, any pedestrian engaged in crossing the roadway, until such pedestrian shall have passed beyond the course of said vehicle. (c) The operator of a vehicle shall stop before entering any crosswalk when any other vehicle proceeding in the same direc- tion is stopped at such crosswalk. (d) The foregoing provisions of this section shall not apply at intersections where traffic is being directed by' an officer or a traffic "Stop" and "Go" signal, at which intersections the mutual rights of pedestrians and operators of vehicles and street cars shall be exercised under the direction of the officer or traffic signals. SECTION 9. PEDESTRIANS' LIMITED RIGHT TO USE OF ROADWAY. (a) ~hen within a business district, no pedestrian shall cross a roadway other than by a crosswalk. (b) Outside of $ business district nopedestrian shall cross a roadway other than by s route at right angles to the curb and when crossing at any other place other than a crosswalk, shall yield the right of way to all vehicles upon the roadway. (c) It shall be unlawful for any pedestrian to stand or walk in any roadway other than in a safety zone or crosswalk, p~ro- vided that this provision shall not be construed to prevent the necessary use of a roadway by a pedestrian. (d) It shall be unlawful for any person to stand in a roadway for the purpose of or while soliciting a ride from the operator of any private vehicle. SECTION lO. PEDESTRIANS TO OBEY SIGNALS. At intersections where traffic is directed by a traffic or police officer, or by a "Stop" and "Go" signal, it shall be un- lawful for any pedestrian to cross the roadway other than with the released traffic. SECTION ll. PEDESTRIAN~ STANDING Cj~ SIDEWALK. In any business district it shall be unlawful for any pedestrian to stop or to stand on the wid-ewalk, except as near as is physically possible to the building line or the ~'u~b line. .. ....~. ~ ARTICLE. IV. REGULATIONS AS TO 0PEHATION OF VEHICLES AND OTHER DEVICES. SECTION 12. LOCATION OF TURNING MAR~GERS. The City Manager is hereby authorized, and it shall be his duty, to place or cause to be placed turning markers in intersections as follows: (1) Within intersections where the average roadway width is less than sixty (80) feet and in intersections where streets meet at other than right angles and at intersections where one street terminates in another, a marker shall be placed at every intersection of the roedial line of each street with the prolongation of the prop- erty lines of the intersecting street. (2 e6tions other than those mentioned in paragraph 1, a single marker may be placed within such intersection at the inter- section of the roedial lines of the intersecting streets. SECTION. 1S. TURNING AROUND AT INTEHSECTIONS PROHIBITED. (a) The operator of a vehicle shall not, within any business district, between the hours of V:O0 A. M. and. 10:00 P. M. of any day, except Sunday, turn such vehicle at an intersection in a complete re- verse turn so as to proceed in the opposite direction. (b) The City Manager is hereby required to establish and maintain signs indicating that complete reverse or "U" turns are pro- hibited under the conditions and at the places stated in paragraph (a) of this section. SECTION 14. LEFT TURNS. The City Manager is hereby authorized to establish and maintain signs indicating that Left Hand Turns are prohibited at intersections, where such action is deemed by him to be necessary. It shall be unlawful for the operator of any vehicle to make a left hand turn where such left hand turn is prohibited by a sign or signs which have been established at an intersection, as provided for by this section. SECTION 15. DRIVING FROM ALLEYS. The operator of a vehicle emerging from an alley, drive- way or garage shall stop such vehicle immediately prior to driving onto a sidewalk and upon proceerling shall yield the right of way to all pedestrians on the sidewalk and to all vehicles approaching on the street or alley. SECTION 16. VEHICLES SHALL NOT BE DRIVEN ON SIDEWALK. The operator of a vehicle shall not drive within any side- walk area except at a permanent or temporary driveway. SECTION 17. SCATTERING LOAD. It shall be unlawful to operate any vehicle so loaded or constructed that nny pa~t of its load is dropped upon the roadway. SECTION 18. BOULEVARD STOPS. The following streets and parts of streets are hereby de- clared to constitute boulevards for the purpose of this section, to- wit: Chester Avenue, from and including 34th Street to and in- cluding Brundage Lane. Union Avenue, from snd including 34th Street to and in- cluding Brundage Lane. California Avenue,from and including Oak Street, to and including the southerly approach of Baker Street. Eighteenth Street, from but not including Oak Street, to and including Union Avenue. East Eighteen Street, from Union Avenue to and including the westerly approach of East Truxtun Avenue. East Truxtun Avenue, from its intersection with East Eighteenth Street to the Easterly City Limits. Baker Street, from and including Bernard Street to and including the easterly approach of California Avenue. Niles Street, from but not including Alta Vista Drive, to the Easterly City Limits. F Street, from and including Eighteenth Street, to but not' including California Avenue. Nineteenth Street at its intersection with Ches.te~_~ue. Ever~y operator of a vehicle or street car traversing any -9 - ,.~:.. street intersecting any boulevard shall stop such vehicle or street car at the place where such street meets the nearest property line of the boulevard before entering such boulevard, provided the prop- erty line is clearly marked or signposted as required in this ord- irlanCe . The City Manager is hereby authorized and required to place and maintain or cause to be placed and maintained upon each and every street intersecting a boulevard and at or near the prop- erty line of the boulevard, stop signs conforming to the require- ments of Section ll4! s of the California Vehicle Act~of 199-9. SECTION 19. THE USE OF CERTAIN STL~EETS BY TRUCKS PROHIBITED. (a) It shall be unlawful for the operator of any vehicle so loaded that any part of its load extends more than three (3) feet to the front or more than ten (lO) feet to the rear of such vehicle to drive the same in any business district between the hours of V:O0 o'clock a. m. and 8:30 o'clock p. m. of any da'y except Sunday and holidays, except when granted permission to do so by the Chief of Police. (b) The City Manager is hereby authorized to establish over an appropriate street or streets and to designate by appropriate signs, through traffic routes for the movement of vehicles of two (2) or more tons capacity designed for carrying merchandise, freight or material. When any such through traffic route or routes are estab- lished and designated by appropriate signs, the operator of any ve- hicle mentioned in this paragraph shall drive on such route or routes and none other except when it is impractical to do so or when nec- essary to traverse another street or streets to a destination for the purpose of loading or unloading, but then only by. such deviation from the nearest freight route as is reasonably necessary. SECTION 20. FOLLOWING FIRE APPARATUS PROHIBITED. It shall be unlawful for the operator of any vehicle, other than one on official business, to follow any fire apparatus traveling in response to a fire alarm closer than one block or to park any vehicle within three-hundred (300) feet of where such fire apparatus has stopped in answer to a fire alarm. SECTION 21. CROSSING FIRE HOSE. No street car or vehicle shall be driven over any unpro- tected hose of the fire department when laid down on any street, pri- vate driveway or street car track, to be used at any fire or alarm of fire, without the consent of the Fire Chief or the assistant in co~lrnand. SECTION 22. BICYCLE RIDING RESTRICTED. It shall be unlawful to ride a bicycle upon any sidewalk in any business district. The rider of a bicycle upon a roadway shall ride as nearly as practicable within five (5) feet of the right hand curb edge of the roadway except when passing a standing or other vehicle or making a left hand turn at an intersection. SECTION 23. RIDING ON HANDLE BARS PROHIBITED. It shall be unlawful for the operator of any bicycle or motorcycle, when upon a street, to carry any other person upon the bar, handle or tank of any such vehicle, or for any person to so ride upon sny such vehicle. SECTION 24. UNLAWFUL TO DRIVE T_MROUGH FUNERAL PROCESSION. It shall be unlawful for the operator of any vehicle to drive between any/J~.~icles' o£... a funeral procession, pro- vided that such vehicles are conspicuously so designated; or auth- orized parade, and the disposition and directing of all vehicles. and traffic on any street over which such procession or parade wishes to pass shall be entirely subject to the orders of the Police Department. SECTION 25. ACCIDENTS MUST BE REPORTED. It shall be the duty of every person riding, driving or in charge of any animal; or riding, driving, propelling or in charge of any vehicle upon any public street, alley or other public place within the City of Bakersfield that shall collide with any other animal or with any other vehicle, or with any pedestrian or with any fire hydrant, ornamental lighting post, telephone pole, electric light or power pole, ornamental 'shade tree or other property.~ object of a like nature located in or along any public street alley -ll- ' '' "'~--. or other public place within said city,. to report the same within twenty-four (24) hours to the Chief of Police or other person in charge' of the Police Department, in writing if said collision results in dam-/~ogeany property or injury to any person. · Said re- port shall state the time when, and the place where such collision took place, the name and address of the person owning, and of the person or persons riding, driving or in charge of the animal, or riding, driving, propelling or in charge of the vehicle causing such accident, the number of such vehicle, and such other information as may be required by the Police Department. '.~...~..'~" SECTION 26. CROWDING FRONT SEAT PRO~IBITED. It shall be unlawf. ul for the operator of any motor vehicle animal s, to permit ~-soa~ ./or inanimate objects to occupy such a portion of the driver's seat as to prevent tbe operator thereof from having sufficient room in which to adequately operate said vehicle. SECTION 27. CLINGING TO P~OVING VEHICLES. It shall be unlawful for any person traveling upon any bicycle, motorcycle or any toy vehicle,. to cling to, or attach himself or his vehicle, to any other moving vehicle or street car upon any roadway. SECTION 28. USE OF COASTERS, ROLLER SKATES, AND SIMILAR DEVICES .~ESTRICTED. It shall be unlawful for any person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device to go upon any sidewalk in any business district, as defined he re in. SECTION 29. CERTAIN COASTING DEVICES PROHIBITED IN RESIDENCE DISTRICT. It shall be unlawful for any person to ride in or upon any riding or coasting machine or device upon any sidewalk in the residential district, as the same is defined by Ordinance No. 183, New Series, as the same is now amended or may hereafter be amended, in the City of Bakersfield, in such manner as to cause or make loud or unusual noise, which does disturb the peace and quietude of any person or of any neighborhood. -12- ARTICLE V. STOPPi~G, STANDING AND PARKING. SECTION 30. STOPPING PROHIBITED l~ SPECIFIED PLACES. (a) It shall be unlawful for the operator of a vehicle to stop such vehicle in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic sign or signal: 1. In an intersection; 2. In a c ro s swalk; 3. Between a safety zone and the adjacent curb or within fifteen (18) feet of a point in the curb immediately opposite the end of a safety zone; 4. Within twenty (20) feet of an intersecting roadway, except busses at a designated bus stop. Upon all streets within any business district the City Manager shall designate the provisions of S~b~isions3 and 4 of this section by placing and maintaining ~ ~--o.~. ~ ~-~ '~ .... ~ paint of a suitable color or other material/upon the entire curb surfs ce within such areas, omitting sny crosswalk area, or by placing and maintaining appro- priate signs directing that the stopping of~hicles is prohibited. SECTION 31. (a) It shall be unlawful to park any vehicle, except commercis. 1 vehicles, in any alley in the central traffic district between the hours of 6:00 A. M. and 6:30 P. ~A. This section limits the use of alleys in the central traffic ~istrict to commercial vehicles during the hours herein stated actually engaged in the delivery and pick-up of merchandise; provided, however, that the vehicles shall not be parked or be permitted to park for a period of time in excess of one hour. (b) Vehicles, other than those with truck or delivery bodies, that is, passenger vehicles which are used for commercial purposes, shall be accorded the parking privileges in alleys, pro- vided such vehicle has placed thereon an appropriate sign, which sign shall be procured from the City License Collector upon pay- ment of a fee of $~.g~g~ . Such signs, designating a vehicle as being used commercially, shall only be issued upon satisfactory ..... ~ evidence that such.vehicle is, in fact, used as a commercial vehicle. from (c) During the hours/. 6:30 P. M. to 6:00 A. M. other vehicles may use the alleys in the central traffic district for parking, provided, however, that on alleys running east and west the parking shall be on the scuth side of alleys only, and on alleys manning north and south parking shall be on the east side only. It shall be unlawful to park any vehicle between the hours mentioned in this section in any other manner than that so designated herein. SECTION 32. STAE~DING FOR LOADING ONLY IN CERTAiN PLACES. (a) It shall be unlawful for the operator of a vehicle to stop said vehicle for a period of time longer than is necessary for the loading or unloading of passengers or materials, provided that the loading or unloading of passengers .shall not consume more than three (3) minutes, nor the loading or unloading of materials more than twenty (20) minutes in any of the following places:' 1. In any Restricted Zone; 2. At any curb within twenty-five (28) feet of the entrance to any hospital; 3. At any curb within ten feet of a fire plug; 4. In any marked bus s top. (b) The City Manager shall determine the location of restricted zones and shall mark by appropriate signs, or as specifically reauired herein, those places where restrictions as to standing, stopping and parking are deemed by him to be necessary, subject to the following requirements and limitaticns; Bus stops shall be designated by appropriate signs at those places determined by the City ~anager except that a bus stop shall not exceed fifty (O0) feet in length and shall not be placed adjacent to a safety zone at a street car stop. Every restricted ~.one, also that portion of every curb reserved by paragraphs 9~ and 3 of subdivision (~) of this section shall be designated of a suitable color paint or other material/upon the entire curb surface therein with appropriate designation of the restriction thereon. Within any business district not more than one-q~arter of the total curb length in any one blocR may be set apart as loading z one s. The restrictions imposed herein shall not apply between the hour of 6:30 P. M. and 1:00 A. M. in spaces marked "Loading Only." SECTION 33. PARKING TI~E LIMITED IN SPECIFIED PLACES. The operator of a vehicle shall not park such vehicle for longer than one (1) hour within any business district between the hours of 9:00 A. E. md 6:00 P. ~. of any day except Sunday and subject to the special restrictions imposed by Sections 33 and 34. Signs shall be erected and maintained not more than one-hundred fifty (160) feet apart in each block, designating the provisions of this section. The provisions of this section shall not apply to the parking of one vehicle by any physician aud surgeon, osteopath or chiropractor, provided such vehicle has placed thereon an appropriate sign, which sign shall be procured from the City Lic- ense Collector upon payment of a fee of $/,O~) · SECTION 34. PARKING IN ALLEYS RESTRI~'3TED. In alleys, other than those in the Central Traffic District, it shall be unlawful for any person to park a vehicle, other than on the south side of alleys running easterly and westerly and on the east side of alleys running northerly and southerly, subject to the other provisions of this act; provided, however, that a vehicle may be stopped on the north side of alleys running easterly and westerly and on the west side of alleys running northerly and southerly, for the purpose of unloading or loading ~.erson~. or materials, pro- vided that the unloading or loading of ~srsons. ~ does not consume more than three minutes, nor the loading or unloading e~-mat~rials .. ... r~._..'..!' . does not consume more than twenty minutes. SECTION 55. OBSTRUCTING TRAB~FIC. It shall be unlawful for any person to operate or to stand any vehicle on any street in such a manner as to obstruct the free use of such street. SECTION 58. EARLY MORNING PARKING LIMITED. It shall be unlawful for the operator of any vehicle to park said vehicle on any street or alley for a period of time longer than one (1) hour between the hours of l:O0 A. M. and 4:00 A. M. of any day; provided, however, exceptions may be made in the case of receptions or entertainments. SECTION 57. STANDING (R PARKING CLOSE TO CURB. The operator of a vehicle shall not stop, stand, or park such vehicle in a roadway other than parallel with the curb and with the two right-hand wheels of the vehicle within one (1) foot of the regularly established curb line, except that upon those streets which have been marked for angle parking, as provided in this sec- tion, vehicles shall be parked at the angle to the curb indicated by such marks. The City Manager is hereby aut~.orized to determine upon what streets angle parking shall be permitted and to indicate such places by the painting of white lines upon the surface of the road- way to indicate the proper angle for parking, pr~dvided that such lines shall not be placed upon, nor shall angle parking be permitted upon any street where such parking would diminish the width of the road- way available for travel to less than twenty (20) feet, nor upon any street where there is less than thirty (30) feet between the curb and the nearest rail of any street car track. The City Manager is hereby authorized to prohibit the parking of vehicles, provided appropriate signs are placed and main- tained to give notice thereof on one side of a street in any block where angle parking is permitted on the opposite side of the street in such block. SECTION 38. VEP. ICLES BACKED TO CURB. It shall be unlawful for any vehicle to remain backed up to any curb except when actually loading or unloading. SECTION 39. LENGTH OF VEHICLES PARKED AT ANGLE. It shall be unlawful to park or permit to be parked, in angle parking districts, any vehicle whose length exceeds twenty (20) feet and in no instance shall any vehicle with trailer attached be parked in any angle parking district. SECTION 40. VEHICLES FOR HIRE AND TAXICABS. All vehicles for hire and taxicabs shall be restricted as to parking and operation as provided in Ordinance No. 173, New Series of ~he City of Bakers field, as adopted by the Council on the 25th day of June, 1923, and as it is or may be mended. ARTICLE VI. STREET CARS, DRIVEWAYS, EXEMPTIONS. SECTION 41. WHEN VEHICLES NOT TO BE DRIVEN ON STREET CAR TRACKS. It shall be unlawful for the operator of any vehicle proceeding upon any street car tracks in front of a street car to fail to remove said vehicle from said tracks as soon as practicable after signal from the operator of said street car. SECTION 42. STREET CAR SPEED. It shall be unlawful for the operator of any street car to drive said street car at a speed exceeding the following: ( 1 ) Fifteen ( 15 ) mile s per hour: (a) In a business district; (b) When passing schools while persons are entering or leaving the grounds; (c) When traversing any railway grade crossing; (d) When traversing curves where the operator does not have an unobstructed view along the tracks for a distance of two-hundred (200) feet; (2) Twenty-five (25) miles per hour in a residence district; (3) Else~vhere, thirty-five (35) miles per hour. SECTION 45. BOARDING OR ALIGHTING FRO~. STREET CARS OR VFHICLES. It shall be unlawful for any person to board or alight from a street car or vehicle while said street car or vehicle is in motion. SECTION 44. RIDING ON HU~rNING BOARDS PROHIBITED. It shall be unlawful for any person to ride upon the fender, running board, hood, top, tank, or luggage carrier of any vehicle or street car, or for the operator thereof to knowingly permit any person to so ride on any vehicle or street car. SECTION 45. RAYLWAY TRAINS AND STREET CARS NOT TO BLOCK STREETS. It shall be unlawful for the operator of any stem, interurban or street railway train or car to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes. SECTION 46. POLICE AND FIRE VE~IICLES EXEMPT FRO~! CERTAIN RULES. The provisions of this ordinance regulating the move- ment, parking and standing of certain vehicles shall not apply ~o emergency vehicles of the police or sher~ff's office, or of the fire department, or the State Highway Patrol, or of a public utility while the driver of any such vehicle is engaged in the necessary performance of a public emergency duty. ARTICLE VII. PENALTIES AND PROCEDUHE. SECTION 4V. DRIVEWAYS. BUSINESS DISTRICT. (a) It shall be unlawful to construct any driveway entering places of business, such as public or private garages, oil stations, service stations and business of like character in the Business District, with an entrance width in excess of twenty (20) feet, and only one entrance on the same street will be allowed for each place of business. ~q~en the place of business occupied is on the corner these entrances may not be so constructed as to be nearer the corner property lines than fifteen (15) feet. RESIDENCE DIS TRICT. ---. (b) All permits issued for driveways in the Residence foregoing District which do not conform to the/requirements shall ~lx$~~~x~T~x~l~~~~x~~ be null ~d void at such time as the location is declared to be Business District as set forth in this ordin~ce or any ~endment thereto, and upon due notice the same Est be corrected to meet the requirements as set forth ~der Business District he~ein. ~TICLE VII. P~ALTI ES ~D PROCEDU~. SECT~0N 48. PEN~TIES. ~y person violating ~y of ~e provisions of this ord- in~ce, o~ ~y rule or re~lation rode by the City M~ager pursuant thereto, shall be guilty of a misdeme~or, ~d upon conviction thereof shall, ~less ~other penalty is herein provided, be pmished for the first offense by a fine not to exceed fifty dollars ($50.00), or by impriso~ent in the County Jail for not more than five (~) days; fo~ a second violation wi~in a period of one (1) year by a fine not to exceed one h~dred dollars ($100.00), or by imprisonment in the Co~ty Jail for not mo~e than ten (lO) days, o~ by both such fine and ~prisonment; for a third and each additional offense co~itted within one (1) year by a fine not exceeding five hindred dollars ($500.00) or by impriso~ent in ~e County Jail for a period not to exceed six (8) months, o~ by both such fine and imprisonment. SECTION 49. DISPOSITION 0F FEES ~D ~REITURES. All fines or forfeitures collected uRon conviction upon the forfei~re of bail of ~y person charged with a violation of my of the provisions of this ordinance shall be paid into the city t~eas~y ~d deposited into a special f~d, ~i~ is hereby created, to be known as the Street Improvement F~d. ~ere may be appropriated out of said f~d such moneys as from time to time may be authorized by .~e Council for the purchase ~d maintenmce of t~affic si~s, signals, or street equipment, lights a~ paint marks necessary to desi~ate t~e provisions of this ordhance, ~d · ~,..~-the balance of said ~d shall be used exclusively in thg construc- tion, maintenance ~d improvement of public ~ treets within this .~, ..- -19- · ; ~:i( .- city. SECTION 80. APPEARANCE UPON AN ARREST FOE VIOLATION OF ~E PROVISIONS OF THIS ACT. Whenever sny person is arrested for any violation of the provisions of this act, unless such person demands the right to an immediate appearance before a magistrate, the arresting officer shall, upon production but without surrender of the operator's or chauffeur's license of the person arrested, or other satisfactory evidence of the latter's identity, take the name and address of such person and the number of his motor vehicle and notify him in writing to appear ~t a time and place to be specified in such notice, such time to be et least five days after such arrest and such place to be before the Police Court Judge of the City of Bskersfield~ where- upon such officer shell, upon the giving by such person of his written promise to appear at such ti~.e and place, forthwith release him from cus to dy. Whenever any such person refuses to give his written promise to appear as hirein provided for or demands an immediate appearance before a magistrate, he shall be taken forthwith before the police court judge of the City of Bakersfield. He shall then be entitled to at legst five days continuance of his case in which to prepare to plead or to prepare for trial and he shall not be required to plead or to be tried within five days unless he waives such time in writing or in open court; provided that he gives his written promise to appear at such time and place as the court may fix for his further appearance or, upon his refusal to give such promise, upon such bail as the court may fix and he shall thereupon be re- leased from custody. Any person who wilfully violates his promise given in accordance with this section shall be guilty of a misdemeanor re- gardless of the disposition of the charge upon which he was originally by arrested. A promise to appear may be complied with/an appearance by counsel. Any person arrested upon a charge of violating this sec- tion may be taken immediately by the arresting officer before ~....~.e nearest or most accessible magistrate. SECTION 51. EFFECT OF ORDINANCE. If any section, sub-section, sentence, clause or phrase ~of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining por- tions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declsred unconstitutional. SECTION 52. REPEAL. Ordinances Numbers 260, 28S, 289, 292, 500, SlO, S~8, and 840 New Series of the City of Bakersfield are hereby repealed, and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any perscn for any act done or committed in violation of any ordinances hereby repealed prior to the taking effect of this ordinance. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed end adopted by the Council of the City of Bakersfield, at a regular meeting thereof on the/~day of October, 1950, by the following vote: S't!:I.LlV,:,A 'HLLMVI;'I 'HO'314HO~' 'N:i QVaH ' ! I :lgiIO~) "d::) H38 ~Y k~ City Clerk and ":x-Officio ]lerk of ( ~.' Council of the City of Bakers field. APPR ED C cto 1950. the