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HomeMy WebLinkAboutORD NO 502ORDINAN SEXES AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF BAKERSFIE AND REPEALING AT.v. ORDINANCES INCONSISTENT HEREWITH. as follows: Section 1. BE IT ORDAINED BY THE COUNCIL OF TEE CITY OF BAKERSFIE, ARTICLE- I Definitions 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 exceed thirty- three ($3) 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 t he regularly established curb lines.. Sidewalk. That portion of the street between the curb lines and th~ adjacent property lines. Intersection. The area embraced within the prolongation of the p~operty lines Of two or more streets which Join at an angle, whether or not one such street crosses the other. CrossWalk. That postion of the roadway included within the prolongation of curb and property lines at street intersections, o~ 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 ordinance which is restricted as to standing, stopping or parking within the meaning of the lettering thereon and subject to the provisions of Article V of this ordinance. -1- Vehicle. Every device or animal by which any person or property is or may be transported or d~awn upon a street, except- ing devices'moved by human power or used exclusively upon rails. For the purpose of this ordinance a bicycle shall be deemed a vehicle. Person. Every natural person, fiz~n, corporation, so- partnership or associatione Street Car. Every device traveling exclusively upon rails. Pedestriane Any person afoot. Operator. Any person who is in actual physical control of a vehicle or a 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. Parking Meters. The term "parking meters" as used herein shall mean and include any device which, when the recording dial thereof is set in motion by the deposit of any coin or equivalent thereof, shall register the time that any vehicle is parked adjacent to said parking meter. Business Districte "Business District" is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, fifty per cent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sides of which highway, collectively, for a distance of 300 feet, fifty per cent or more of the contiguous property frontinn thereon is so occupied. A business district may be longer than the distances specified in this section if the above ratio of buildings in use for business to the length of the highway exists. Residence Distriete "Residence District" is that portion of a highway and the property contiguous thereto, other than a Section 2. business district, (a) upon one side of ~hich highway, within a distance of a quarter of a mile, the contiguous property f~onting. thereon is occupied by thirteen or more separate.dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contigu- ous property fronting thereon is occupied by sixteen or more separate dwelling houses or business structures. A residence district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists. Right o__fWa=. 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. Official ~Varning ~nd Direction Signs ~nd Signals. All warning and direction signs and signals not inconcistent with this ordinance heretofore or hereafter placed or erected under this ordin- ance or by authority of the City Council. Oentral Traffic District. All that territory included and bounded by lVth Street, G Street, 22nd Street, and M Street shall constitute the Central Traffic District. ARTICLE Authority of Police Traffic Signs and Signals' 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 unlawfUl for any person to refuse .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 Sraffic at school ~ crossings; provided Shat such persons giving any order, signal or direction, at such school crossings, shall, at ~he time, be wearing some insignia indicating such appointment. It shall be unlawful for any person to direct or attempt to direct traffic unless authorized to do so by the Chief of Police. In She event of a fire or other emergency or So expedite traffic or to insure safety, officers are authorized to direct traffic as conditions my require notwithstanding the provisions of this ordinance. Section 3. Signs. The City Council shall determine and designate the character of all official warning and direction signs and signals. Subject to this selection, the City Manager is hereby authorized, and as to those signs required hereunder, iS shall be his duty to place and maintain or cause So be placed and maintained all official warning and direcSion signs and signals. It is the purpose of this section So 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 So paint, mark or otherwise designate, or cause to be painted, marked or otherwise designated any restrictions or directions as to Sraffic of any character on any street, curb, gutter or sidewalk, in conflict with the provi- sions of this section. No provisions of this ordinance for which signs are required shall be enforceable against the alleged violator if at the time and place of She 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 t..2o Traffic Signs. IS shall be unlawful for any operator or pedestrian to disobey She instrucSions of any mechanical or electrical traffic signal, traffic sign or marks upon the street placed in accordance wish She provisions of this ordinance. No person, public utility, or depa~ment of this city shall erect or place any barrier or sign unless of a type first approved by the City Manager. It shall be unlawful for any operator oF pedestrian to disobey the instructions of any barrier or sig~ approved, as above provided, erected or placed by a public utility oF any department of this city. Section 6. 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 sh~ll proceed in the direction indicated by the officer. Three (3) or more blasts of a whistle is a signal of alarm and indicates the approach of a fire engine or other emergency 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 pro- ceed 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 ob- served. Whenever traffic at any intersection is regulated by "Stop" and "Go" mechanical or electrical signal, the following colors are hereby authorized and shall be used, and none other, and those colors heroin authorized shall indicate as follows: Re_~,td except in flashing signals, requires that traffic shall stop end remain standing. Green, requires tbit traffic shall move and continue in motion, except when stopped for the purpose of avoiding an accident, or in the event of other emergency, or 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 direction of the traffic movement. When such bell is sounded, no tra.'fic shall enter the intersection until a green or "Go" slgnal is shown. WhejRtght Turns May B__eMade. After making a full stop at the prolongation of the nearer property line of the intersecting street a right turn my be made at the intersection by the operator of any vehicle, against a mechanical traffic signal, subject to the rights of pedestrians. Section 6. City Manager Required to Establish Crosswalks. The City Manager is hereby authorized and required to es- tablish and maintain and to designate upon the surface of the roadway, by appropriate devices, marks or painted lines, crosswalks approxi- mately equal in width to the adjacent sidewalks at all intersections where in his opinion there is particular danger to pedestrians cross- ing the roadway. Section V. City Manager Authorized t__oEstablish Traffic Lanes. The City Manager is hereby authorized to mark traffic lanes upon the roadway where a regular alignment of traffic is necessary. Where such lanes have been marked,.it shall be unlawful for any operator of a vehicle to fail to keep his vehicle within the designated boundaries. ARTICLE III Pedestrians Section 8. Pedestrians, Right o__fW_~a__tIntersection. (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 :6 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 crosstr~ the roadway, until such pedestrian shall have passed beyond the cottrse 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- walk, upon the half of the roadway upon w hlch 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 c[osswalk. (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 o~ Roadway. (a) When within a business district, no pedestrian shall cross a roadway other than by a crosswalk. (b) Outside of a business district, no pedestrian shall cross a roadway other than by a 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, (o) It shall be unlawful for any pedestrian to stand or walk in any roadway other than in a safety zone or crosswalk, pro- 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 10. 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 11. Pedestrians Standin~ o__n Sidewalk. In any business district it shall be unlawful for any pedestrian to stop or to stand on the sidewalk, except as near as is physically possible to the building line or the curb linee ARTICLE IV!' Regulations as to Operation of Vehicles 3~ And Other Devices"' Section 12. Location o__f.Turning Markers. 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 tb-n sixty (SO) 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 e very inter- section of the medial line of each street with the prolongation of the property lines of the intersecting street. (2) Within intersections other than those mentioned in paragraph 1, a single marker may be placed within such inter- section at the intersection of the medial lines of the intersecting streets. Section 13. Turning Around at Intersections Prohibited. (a) The operator of a vehicle shall not, within any business district, between the hours of 7:00 A.M. and 10:00 P.M. of any day, except Sunday, turn such vehicle at an intersection in a complete reverse 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 prohibited under the conditions and at the places stated in para- graph (a) of this section. Section 14. Left Turns. The City M~nager 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 FromAlleys. ...... The operator ?f a vehicle emerging from an alley, drive- W~Y or garage shall stop such vehicle immediately prior to driving onto a sidewalk and upon proceeding shall yield the rig~ht 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 ~perator of a vehicle shall not drive within any .. sidewalk 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 any part of its load is dropped upon the roadway. Section 18. Boulevard Stops. The following streets~and parts of streets are hereby declared to constitute boulevards for the purpose of this section, to-wit: Chester Avenue, from and including 34th Street to and including Brundage Lane. Union Avenue, from and including Kentucky Street to and including 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 Eighteenth Street, from Union Avenue to and including the westerly approach of East TruxtunAvenue. East Truxtun Avenue, from its intersection with East. Eighteenth Street to the Easterly City Limits. Baker Street, f~om and including Bernard Street to and including the easterly approach of California Avenue. Alta Vista Drive, from and including Lake Street to and including Jefferson Street. not Niles Street, from b~/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 Chester Avenue. Kentucky Street at its intersection with Baker Street. Bernard Street at its intersection with Alta Vista Drive. 24th Street from and including G Street to and including Eye Street. Flower Street at its intersectionswith Beale Avenue and King Street. Every operator of a vehicle or street car traversing any 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 property line is clearly marked or signposted as required in this ordinance. The City Manager is hereby authorized and required to place and maintain or cause to be placed and maintained upon each and evex-J street intersecting a boulevard and at or near the property line of the boulevard, stop signs confol-ming to the requirements of Section 4Vl (c) of the Vehicle Code of 1935. Section 19. ~s~ o__fCertain Streets 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 (10) feet to the rear of such vehicle to drive the same in any business district between the hours of V:O0 otclook A. M. and 6=30 o'clock P. M. of:any day except Sunday and holidaye, 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 appro- priate signs, through traffic routes for the movement of vehicles of two (2) or more tons capacity designed for carrying merchandise, frpi.gh~..o~ material..%.Vhe~ any sUch.through traffic route or routes are established and designated by appropriate signs, the operator of any vehicle mentioned in this paragraph shall drive on such route or routes and none other except when it is impractical to do so or when necessary 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 reason- ably necessary. Section 20. Pollowing F~re 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 -11- park any vel~cle witl~n three hundred (~00) feet of where such fire apparatus has stopped in answer to a fire alarm, Section ~1. ~rossing Fire Hose. No street car or vehicle shall be driven over any un- protected hose of the fire department when laid down on any street, private 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 command. Section 22. Blc~cle 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 stand- ing or other vehicle or making a left hand turn at an intersection. Section 23e Riding on Handle Bars Prohibited. It shall be unlawfttl 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 any such vehicle. Section 24. Unlawful to Drive Through Funeral Procession. It shall be unlawful for the operator of any vehicle to drive between any two vehicles of a funeral procession, or authorized 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 chapge 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 -12- with any fire hydrant, omamental lighting post, telephone pole, electric light or power pole, ornamental shade tree or other property or object of a like nature located in or along any public street, alley or other public place within said city, to report the same within twenty-fotw (24) hotws to the Chief of Police or other person in charge of the Police Department, in w~Iting if said collision results in damage to any property or inJttry to any pePson. Said ~epo~t shall state the time whens and the place wheTe such collision ~ook place, the name and address of the person cuing, and of the person o~ persons ridin[, ~lving in c~Tge of the ~imal, or ridin~, drivin[, pPopellin6 in c~rge of the vehicle causing such accident, the n~beP of such vehicle, ~d such otheP info~tion as my be TequiPed by the Police DepaPtment. Section 26, CPowdin~ Front Sea~P~ohibtted. It shall be ~lawhl for the operator of any moto~ vehicle to penit persons, animls o~ inaninte objects to occupy such a portion of the ~ivepes seat as to P~event t~ operator from hayin[ sufficient room In w~ch to adequately operate said ve~ cle. Section 2?. Cli~ln~ tj Movln~ Ve~cles. It s~ll be ~lawhl lot any person traveling upon any b~cycles motorcycle or any toy ve~cle, to cling to, o~ attach ~mself o~ ~s vehicle, to ~y other moving vehicle or stTeet cat upon any ~oadway. Section 28. Usl ol Coaste~s.'RolleT S~tes. ~d S~milar Devices Restricted. It s~ll be ~lawtl lot ~y person upon TolleP s~tes, or Tiding ~n or by me~s of any coaster, toy ve~cle or similar device to 6o upon any sidewalk in any business district, as defined herein. Section 29. Certain Coastln~ Devices Prohibited tJResidence ~s~Ptct. I~ shall be ~law~for any person ~o ride in oP upon any riding or coasting machine or device upon any sidewalk in the residence district in such a manner as to cause or make loud o~ unusual noise, which does disturb the peace and quietude of any person oT of any neighborhood. ARTICT~ V." Stopping, Standing and Parking :" Section 30e Stopping Prohibited in Specified Places. 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 signor signal: 1. In an intersection. 2. In a crosswalk. 3. Between a safety zone and the adjacent curb oP within fifteen (15) 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 0ity Manager shall designate the provisions of subdivisions 3 and 4 of this section by placing and maintaining paint or other material of a suitable color upon the entire curb surface within such areas, omitting any crosswalk area, or by placing and maintaining appro- priate signs directing that the stopping of vehicles is prohibited. Section 31e Alley Parking in 0entral Traffic District. (a) It shall be unlawful to park any vehicle, except commercial vehicles, in any alley in the central traffic district between the hours of 6:00 A.M. and 8:30 P.M. This'section limits the use of alleys in the central traffic district to conm~rcial 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 o~be permitted to park for a period of time in excess of one houre (b) Vehicles, other than those with txnAck or delivex~y bodies, that is, passenger vehicles which are used for commercial purposes, shall be accorded the parking privileges in alleys, provided such vehicle has placed thereon an appropriate sign, which sign shall be procured from the City License Collector upon payment of a fee of $1.00. 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. (c) During the hours from 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 south side of alleys only, and on alleys running north and south parking shall b e 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. Parking i__nAlleys Restricted. 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 ea~terly 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 ruing northerly and southerly, for the purpose of unloading or loading persons or materials, provided that the unloading or loading of persons does not consume more than three minutes, nor t he loading or unloading of materials does not consume more than twenty minutes. Section 33e Standing fo._.~Loading0nly i__nCertain 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) min~tes,nor the loading or unloading of materials more than twenty (20) minutes in any of the following placesa 1. In any Restricted Zone. 2. At any curb within twenty-five (26) feet of the entrance to any hospital. 3. At any curb within ten feet of a fire plug. 4. In any marked bus stop. (b) The City Manager shall determine the location of restricted zones and shall mark by appropriate signs, 'or as specifically required heroin, those places where restrictions as to standing, stopping and parking are deemed by him to be necessary, subject to the following requirements and limitations: Bus stops shall b e designated by appropriate signs at those places determined by the City Manager except that a bus stop shall not exceed fifty (60) feet in length and shall not be placed adjacent to a safety zone at a street car stop. Every restricted zone, also that portion of every curb reserved by paragraphs 2 and 3 of subdivision (2) of this section shall be designated by paint or other material of a suitable color upon the entire curb surface therein with appropriate designation of the restriction thereon. Within any business district not more than one-quarter of the total curb length in any one block may be set apart as loading zones. The restrictions imposed heroin shall not apply between the hours of 6:30 P. M. and 1:00 A.M. in spaces marked "Loading Only." Section 34. Parking Time Limited ~n Specified Places. The operator of a vehicle shall not park such vehicle for longer than one (1) hour in any business district between the hours of 8:00 A.M. and 6:00 P. M. of any day except Sunday, and than three (3) mintires,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 (25) feet of the entrance to any hospital. $. At any curb within ten feet of a fire plug. 4. In any marked bus stop. (b) The City Manager shall determine the location of restricted zones and shall mark by appropriate signs, 'or as specifically required herein, those places where restrictions as to standing, stopping and parking are deemed by him to be necessary, subject to the following requirements and limitations: Bus stops shall b e designated by appropriate signs at those places determined by the City Manager except that a bus stop shall not exceed fifty (BO) feet in length and shall not be placed adjacent to a safety zone at a street car stop. Every restricted zone, also that portion of every curb reserved by paragraphs 2 and $ of subdivision (2) of this section shall be designated by paint or other material of a suitable color upon the entire curb surface therein with appropriate designation of the restriction thereon. Within any business district not more than one-quarter of the total curb length in any one block may be set apart as loading zones. The restrictions imposed herein shall not apply between the hours of 6:30 P. M. and 1:00 A.M. in spaces marked "Loading Only." Section ~4. Parking Time Eimited in Specified Places. The operator of a vehicle shall not park s~h vehicle for longer than one (1) hour. in any business district between the hours of 8:00 A.M. and 6:00 P. M. of any day except Sunday, and subject'to the speclal r eatfictions lmposed by Sectlone ~ and ~; Signs shall be erected and maintained not more than one hundred fifty (150) feet apart in each block, designating the provisions of this section. Section 35. Obstructing Traffic, 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 38. Ear~ Morning Parking Limited, It shall be unlawful for the operator of any vehicle to park said vehicle c~ any street or alley .for a period of time longer than one (1) hour between the hours of leO0 A.M. and 4:00 A.M. of any day; provided, however, exceptions may be made in the case of receptions or entertainments. Section 3V. Standing o__r Parking Close t_~o 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 tho'se streets which have been marked for angle parking, as provided in this section, vehicles shall be parked at the angle to the curb indicated by such marks. The City Manager is hereby authorized 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 roadway to indicate the proper angle for parking, provided 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 roadway 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 maintained 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. Vehicles Back to Curb. It shall be unlawful for any vehicle to remain backed up to any curb except when actually loading or unloading. Section 39e 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. 1V3 New Series of the City of Bakersfield, as adopted.by the Council on the 25th day of June, 1923, and as it is or may be amended. Section 41. Parking Vehicles ~or Sale. It shall be unlawful for the operator of any vehicle to park the same upon any street or alley for the purpose of display- ing it for sale, or to park any vehicle upon any street or alley in any business district from which said vehicle merchandise is being sold. Section 42o Parking Meters. 1. The City Manager of the City of Bakersfield is hereby authorized to establish parking meter zones, each of which zones shall be of sufficient size to permit the parking of only one vehicle, either where parallel parking or angle parking is permitted, on any street on Which the time limitations have heretofore been or may hereafter be provided by ordinance of the City of Bakers- field, and to place upon the sidewalk adjacent to said parking Zone a device known as a "parking meter" as hereinbefore defined, -18- which will, upon the deposit of a five cent coin, lawful money of the United States, set the mechanical equipment of said device in motion so that said device will accurately measure, in minutes, the period of time during which said vehicle may park in said parking meter zone without violating the ordinance or ordinances regulating parking upon the street on which said parking meter zone is established- Such parking meter shall also be constructed and mechanically equipped so that the same will, upon the expira- tion of the period of time, commencing with the deposit of said five cents in coin, and ending with the expiration of the period Of time that the parking of a vehicle in s aid zone is permitted, display a flag, sign or signal which will indicate that the permitted time for the parking of said vehicle, as provided by the ordinance regulating parking in the block within which block said parking meter is situated has expired. 2o Any vehicle parked in any parking space in any peeking meter zone shall be parked within the lines marked on the street for such parking space as provided hereinafter. 3. The City Manager shall place or cause to be placed lines or marks on the curb, or on the street about or along the side of each parking meter, to designate the parking space for which said meter is to be used, and it shall be unlawful for any person to park any vehicle across any such line or meek, or to park such vehicle in such a way that the same shall not be within the area so designated by such lines or markings. 4. No person shall park, or stop, any vehicle in any parking meter zone, as establishedunder authority of this ordin- ance, except as Remitted by this ordinance, without depositing in the parking meter adjacent to said space a five cent coin, lawful money of the United States, nor shall any registered owner or any operator of any vehicle pernPit said vehicle to remain stopped or -19- parked in any parking meter zone beyond the time permitted by ordinance for the parking of vehicles in t~e block in which said parking meter zone ls .situated, 5. Whenever any person shall drive or conduct any vehicle into any parking meter zone, as established under authority of this ordinance, or to whlch my paRking meter ls adjacent, or for which any parklng meter h~s been set, erected or established, to remain stopped for any purpose except to receive or discharge passengers or merchandise as permitted by thls ordinance, or within the hours du~lng whlch f~ee parking ls permitted by thls o~dtnance, he shall forthwith deposlt in said meter a flve cent eotn, lawful money of the United States, and on the deposit of said coin said vehicle may remaln stopped or parked in sald space for the period of time permitted by this ordinance regulating the parking of vehicles in the block within which said parking meter zone ls sttua ted. 6. It shall be unlawful for any person to deposit or cause to be deposited in a parking meter a five cent coin for the purpose of extending the parking time beyond the time fixed by the ordinance of the City of Bakersfield for parking in the parking space alongside of or next to which said parking meter is placed. 7. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device or substitute for a five cent coin of the United States. 8. It shall be unlawful for any unauthorized person to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the terms of this ordinance. 9. The five cent coins required to be deposited in the meter as herein provided are hereby declared to be necessary to com- -20- pensate the .City for the expense incurred in furnishing facilities, equipment, supervision, and regulation required by such parking, and is found to be a reasonable fee for the privilege, voluntarily exercised by owners, operators, managers or drivers of a vehicle, for parking said vehicle within said parking space, in conformity with the provisions of this ordinancee lOe All coins deposited in any parking meter shall be collected regularly by a person designated by the City Nanager of the City of Bakersfield so to do, and upon such collection said collector will immediately deposit the coin containers from said parking meters with the City Treasurer, who shall thereupon open same and count the.money in the 'presence of said designated collector and issue his receipt for same, to be immediately filed with the City AUditor by such collectore ARTIOLE VI. Street Cars~ Driveways, Exemptions. Section 45, ~Whe~ Vehicles Not t_2oB__eDriven o_~n Street Ca. jr Tracks. It shall be unlawful for the operator of any vehicle pro- ceeding upon any street car tracks in front of a street car to fail to remove said vehicle from said t racks as soon as practicable after signal from the operator of said street car. Section 4~- Street C__~_~ 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) miles 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 residenee districtl ($) Elsewhere, thirty-five (~5) miles per hour, -21- Section 45, Boardin~ o_E Ali~htinE From Street Ca?__A o_EVehicles- 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 46. Riding o__nRunning 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 47. Railway Trains an__~dStreet Car..__AsNot to Block Streets. It shall be'unlawful for the operator of any steam, inter- urban 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 48. Police an__.~dFirJVehicles Exempt From Certain Rules. The provisions of this ordinance regulating the movement, parking and standing of certain vehicles shall not apply to emer- gency vehicles of the police or sheriff'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. Section 49. Driveways, (a} Business District- It shall be unlawful to construct any driveway entering places of business, such as public garages, oil stations, service stations and businesses of like character in the Business District, with an entrance width in excess of sixty percent (60%) of the frontage, and in no case shall the entrance width of any one driveway exceed forty-five (45) feet. When the place of'business occupied is on a corner no driveway entrance may be so constructed as to be nearer the corner property lines than fifteen (16) feeto (b) Residence District. All permits issued for d~iveways in the Residence District which do not conform to the foregoin~ requirements shell be null and void at such time as the location is declared to be Business District as set forth in this ordin- ance or any amendment thereto, and upon due notice the same must be. corrected to meet the requirements as set forth under Business District hereine ARTIOLE VII. Penalties and Procedure. Section S0. Penalties. Any person violating any of the provisions of this ordin- ance, or any rule or regulation made by the City Manager pursuant thereto, shall be guilty of a misdemeanor, and upon conviction thereof shall, unless another penalty is herein provided, be punished for the first offense by a fine not to exceed fifty dollars ($50.00), or by imprisonment in the County Jail for not more than fives(5) days; for a second violation within a'period of one (1) year by a fine not to exceed one hundred.dollars ($100.00), or by imprisonment in the County Jail for not more than ten (10) days, or by both such fine and imprisonment; for a third and each addi- tional offense committed within one (1) year by a fine not exceed- ing five hundred dollars ($500.00) or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Section 51. Disposition of Fines and Forfeitures. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shell be paid into the city treasury and deposited to the credit of the general fund. Section ~2. Appearance Upon a__nArrest for Violation o__fthe Provisions of This Act. Whenever any-person is arrested for any violation of the provisions of this act, unless. such person demands the right to au. 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 at a ti~e and place to be specified in such notice, such time to be at least five days after such arrest and such place to be before the Police Court Judge of. the City of Bakersfield, whereupon such officer shall, upon the giving by such person of his written promise to appear at such time and place, forthwith release him from custody. Whenever any such person refuses to give his written promise to'appear as herein protided 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 least 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 released from custody. Any person who wilfully violates his promise given in accordance with this section shall be guilty of a misdemeanor regardless of the disposition of the charge upon ~hich he was originally arrested. A promise to appear may be complied with by an. appearance by counsel. Any person arrested upon a charge of violating this section'may be taken immediately by the arresting officer before the nearest or most accessible magistrate. Section ~, 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 portions of this ordinance. ~ne City Conncil 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 declared~nconstitutional, 'Section S4.. Repeal. Ordinance Numbers 3S8, 362, 3.72, 467, 492 and 497 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 person for any act done or committed in violation of any ordinances hereby repealed prior to the taking effect of this ordinance, ..... coo ..... I HE~ERY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the~_~:~day of ~' , 1937, by the following vote: AYES, BODEN, GIST, KRM]~N,~|',1', McM~[LLAN, 5MITH, SOLLERS, WILSON .......................... .......... ., City Clerk and Ex-Of. Clerk of the Council of the City of Bakersfield. ~~y ~ 1.~ APPROVED by m this of , . t~e City of Bakersfield.