2005 California Vehicle Code Sections 21100-21117 Article 3. Local Regulation

VEHICLE CODE
SECTION 21100-21117

21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) Regulating traffic by means of any person given temporary or
permanent appointment for such duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at such
locations as may require traffic direction for orderly traffic flow.
   No person shall, however, be appointed pursuant to this
subdivision unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws  within the area in
which such person is to perform such duty, for review, a proposed
program of instruction for the training of a person for such duty,
and unless and until the commissioner or such other chief law
enforcement officer approves the proposed program.  The commissioner
or such other chief law enforcement officer shall approve such a
proposed program if he reasonably determines that the program will
provide sufficient training for persons assigned to perform the duty
described in this subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for such duty by the local
authority.
   (g) Licensing and regulating the operation of tow truck service or
tow truck drivers  whose principal place of business or employment
is within the jurisdiction of the local authority, excepting the
operation and operators of any auto dismantlers' tow vehicle licensed
under Section 11505 or any tow truck operated by a repossessing
agency licensed under Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code and its registered
employees.  Nothing in this subdivision shall limit the authority of
a city or city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) Regulating cruising.  The ordinance or resolution adopted
pursuant to this subdivision shall regulate cruising, which shall be
defined as the repetitive driving of a motor vehicle past a traffic
control point in traffic which is congested at or near the traffic
control point, as determined by the ranking peace officer on duty
within the affected area, within a specified time period and after
the vehicle operator has been given an adequate written notice that
further driving past the control point will be a violation of the
ordinance or resolution.  No person is in violation of an ordinance
or resolution adopted pursuant to this subdivision unless (1) that
person has been given the written notice on a previous driving trip
past the control point and then again passes the control point in
that same time interval and (2) the beginning and end of the portion
of the street subject to cruising controls are clearly identified by
signs that briefly and clearly state the appropriate provisions of
this subdivision and the local ordinance or resolution on cruising.
   (l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property.  Any removal pursuant to this
subdivision shall be consistent to the extent possible with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
21100.1.  Whenever any city or county, by ordinance or resolution,
permits, restricts, or prohibits the use of public or private
highways pursuant to this article, any traffic control device erected
by it on or after January 1, 1981, shall conform to the uniform
standards and specifications adopted by the Department of
Transportation pursuant to Section 21400.
21100.3.  It is unlawful for any person to disobey the traffic
directions of a person appointed or authorized by a local authority
to regulate traffic pursuant to subdivision (e) of Section 21100 when
such appointee is wearing an official insignia issued by the local
authority and is acting in the course of his appointed duties.
21100.4.  (a) (1) A magistrate presented with the affidavit of a
peace officer establishing reasonable cause to believe that a
vehicle, described by vehicle type and license number, is being
operated as a taxicab or other passenger vehicle for hire in
violation of licensing requirements adopted by a local authority
under subdivision (b) of Section 21100 shall issue a warrant or order
authorizing any peace officer to immediately seize and cause the
removal of the vehicle.
   (2) The warrant or court order may be entered into a computerized
database.
   (3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
   (4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days
impoundment when a legal owner redeems the impounded vehicle.
   (b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
   (2) No vehicle may be released under this subdivision, except upon
presentation of the registered owner's or agent's currently valid
license to operate the vehicle under the licensing requirements
adopted by the local authority under subdivision (b) of Section
21100, and proof of current vehicle registration, or upon order of
the court.
   (c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
   (2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
   (A) The name, address, and telephone number of the agency
providing the notice.
   (B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
   (C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
   (D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
   (3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
   (4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
   (5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
   (6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that reasonable grounds for the storage are
not established.
   (d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
   (e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a financial interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle.  No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment.  Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
   (3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or a certificate of repossession and a
security agreement or title showing proof of legal ownership for the
vehicle.  Any documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically.  The
impounding agency may not require any documents to be notarized.  The
impounding agency may require the agent of the legal owner to
produce a photocopy or facsimile copy of its repossession agency
license or registration issued pursuant to Chapter 11 (commencing
with Section 7500) of Division 3 of the Business and Professions
Code, or to demonstrate, to the satisfaction of the impounding
agency, that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
   (B) No administrative costs authorized under subdivision (a) of
Section 22850.5 may be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing.  No city, county,
city and county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent.  The impounding agency may not require any documents other
than those specified in this paragraph.  The impounding agency may
not require any documents to be notarized.
   (C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
   (f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner until the termination of the impoundment period.
   (2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner or
that owner's agent presents his or her valid driver's license or
valid temporary driver's license, and an operator's license that is
in compliance with the licensing requirements adopted by the local
authority under subdivision (b) of Section 21100, to the legal owner
or the legal owner's agent.  The legal owner or the legal owner's
agent shall make every reasonable effort to ensure that the licenses
presented are valid.
   (3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
   (g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (h) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent if the release complies with this section.
21100.5.  Notwithstanding any other provisions of law, local
authorities of any city which is on a natural island with an area in
excess of 20,000 acres and which is within a county having a
population in excess of 4,000,000, may, if they determine such rules
and regulations to be necessary in view of the special problem
existing thereon with respect to the size and nature of the streets
of the city and with respect to the characteristics and nature of the
city itself, adopt rules and regulations by ordinance or resolution
on the following matters:
   (a) Regulating the size of vehicles used on streets under their
jurisdiction.
   (b) Regulating the number of vehicles permitted on streets under
their jurisdiction.
   (c) Prohibiting the operation, on streets under their
jurisdiction, of designated classes of vehicles.
   (d) Establishing noise limits, which are different from those
prescribed by this code, for vehicles operated on streets under their
jurisdiction and prohibiting the operation of vehicles which exceed
such limits.
   (e) Establishing a maximum speed limit lower than that which the
local authority otherwise permitted by this code to establish.
   This section shall not apply to vehicles of utilities which are
under the jurisdiction of the Public Utilities Commission while
engaged in maintenance and construction type service work.
21101.  Local authorities, for those highways under their
jurisdiction, may adopt rules and regulations by ordinance or
resolution on the following matters:
   (a) Closing any highway to vehicular traffic when, in the opinion
of the legislative body having jurisdiction, the highway is either of
the following:
   (1) No longer needed for vehicular traffic.
   (2) The closure is in the interests of public safety and all of
the following conditions and requirements are met:
   (A) The street proposed for closure is located in a county with a
population of 6,000,000 or more.
   (B) The street has an unsafe volume of traffic and a significant
incidence of crime.
   (C) The affected local authority conducts a public hearing on the
proposed street closure.
   (D) Notice of the hearing is provided to residents and owners of
property adjacent to the street proposed for closure.
   (E) The local authority makes a finding that closure of the street
likely would result in a reduced rate of crime.
   (b) Designating any highway as a through highway and requiring
that all vehicles observe official traffic control devices before
entering or crossing the highway or designating any intersection as a
stop intersection and requiring all vehicles to stop at one or more
entrances to the intersection.
   (c) Prohibiting the use of particular highways by certain
vehicles, except as otherwise provided by the Public Utilities
Commission pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
   (d) Closing particular streets during regular school hours for the
purpose of conducting automobile driver training programs in the
secondary schools and colleges of this state.
   (e) Temporarily closing a portion of any street for celebrations,
parades, local special events, and other purposes when, in the
opinion of local authorities having jurisdiction or a public officer
or employee that the local authority designates by resolution, the
closing is necessary for the safety and protection of persons who are
to use that portion of the street during the temporary closing.
   (f) Prohibiting entry to, or exit from, or both, from any street
by means of islands, curbs, traffic barriers, or other roadway design
features to implement the circulation element of a general plan
adopted pursuant to Article 6 (commencing with Section 65350) of
Chapter 3 of Division 1 of Title 7 of the Government Code.  The rules
and regulations authorized by this subdivision shall be consistent
with the responsibility of local government to provide for the health
and safety of its citizens.
21101.2.  Local authorities may adopt rules and regulations by
ordinance or resolution to provide that if a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, determines that the traffic load on a
particular street or highway, or a portion thereof, is such that
little or no vehicular flow is occurring and, additionally, if the
peace officer finds that a significant number of vehicles are not
promptly moving when an opportunity arises to do so, then the peace
officer may divert vehicles, excepting public safety or emergency
vehicles, from that street or highway, or portion thereof, subject to
traffic congestion until such time as reasonably flowing traffic is
restored.
21101.4.  (a) A local authority may, by ordinance or resolution,
adopt rules and regulations for temporarily closing to through
traffic a highway under its jurisdiction when all of the following
conditions are, after a public hearing, found to exist:
   (1) The local authority finds and determines that there is serious
and continual criminal activity in the portion of the highway
recommended for temporary closure.  This finding and determination
shall be based upon the recommendation of the police department or,
in the case of a highway in an unincorporated area, on the joint
recommendation of the sheriff's department and the Department of the
California Highway Patrol.
   (2) The highway has not been designated as a through highway or
arterial street.
   (3) Vehicular or pedestrian traffic on the highway contributes to
the criminal activity.
   (4) The closure will not substantially adversely affect traffic
flow, safety on the adjacent streets or in the surrounding
neighborhoods, the operation of emergency vehicles, the performance
of municipal or public utility services, or the delivery of freight
by commercial vehicles in the area of the highway proposed to be
temporarily closed.
   (b) A highway may be temporarily closed pursuant to subdivision
(a) for not more than 18 months, except that this period may be
extended for not more than five additional consecutive periods of not
more than 18 months each if, prior to each of those extensions, the
local authority holds a public hearing and finds, by ordinance or
resolution, that all of the following conditions exist:
   (1) Continuation of the temporary closure will assist in
preventing the occurrence or reoccurrence of the serious and
continual criminal activity found to exist when the immediately
preceding temporary closure was authorized.  This finding and
determination shall be based upon the recommendation of the police
department or, in the case of a highway in an unincorporated area, on
the joint recommendation of the sheriff's department and the
Department of the California Highway Patrol.
   (2) The highway has not been designated as a through highway or
arterial street.
   (3) Vehicular or pedestrian traffic on the highway contributes to
the criminal activity.
   (4) The immediately preceding closure has not substantially
adversely affected traffic flow, safety on the adjacent streets or in
the surrounding neighborhoods, the operation of emergency vehicles,
the performance of municipal or public utility services, or the
delivery of freight by commercial vehicles in the area of the highway
that was temporarily closed.
   (c) The local authority shall mail written notice of the public
hearing required under subdivision (a) or (b) to all residents and
owners, as shown on the last equalized assessment roll, of property
adjacent to the portion of highway where a temporary closure or
extension of temporary closure is proposed.
21101.6.  Notwithstanding Section 21101, local authorities may not
place gates or other selective devices on any street which deny or
restrict the access of certain members of the public to the street,
while permitting others unrestricted access to the street.
   This section is not intended to make a change in the existing law,
but is intended to codify the decision of the Court of Appeal in
City of Lafayette v.  County of Contra Costa (91 Cal. App. 3d 749).
   This section shall become operative on January 1, 1990.
21102.  Local authorities may adopt rules and regulations by
ordinance or resolution closing to vehicular traffic that portion of
any street or highway crossing or dividing any school ground or
grounds when in the opinion of the legislative body having
jurisdiction such closing is necessary for the protection of persons
attending such school or school grounds.  The closing to vehicular
traffic may be limited to such hours and days as the legislative body
may specify.  No such ordinance or resolution shall be effective
until appropriate signs giving notice thereof are posted along the
street or highway affected, nor in the case of state highways, until
such ordinance or resolution is approved by the Department of
Transportation.
21102.1.  Notwithstanding any other provision of law, local
authorities may, by ordinance or resolution, adopt rules and
regulations restricting vehicular or pedestrian traffic through any
alley by means of gates, barriers, or other control devices, when, in
the opinion of the local authority having jurisdiction over the
alley, the restriction is necessary for the protection or
preservation of the public peace, safety, health, or welfare, subject
to the following conditions:
   (a) No ordinance or resolution adopted pursuant to this section
shall be enforceable until appropriate signs giving notice of the
restriction are posted at every entrance to the alley.
   (b) In the coastal zone, as defined in subdivision (a) of Section
30103 of the Public Resources Code, where the alley provides direct
access to any public beach or state waters, the local authority shall
comply with Division 20 (commencing with Section 30000) of the
Public Resources Code.
   (c) In the area administered by the San Francisco Bay Conservation
and Development Commission, where the alley provides direct access
to any public beach, state waters, or wetlands, the local authority
shall first obtain the concurrence by, or on behalf of, the San
Francisco Bay Conservation and Development Commission.  The
concurrence or objection shall be based on the permits issued by the
San Francisco Bay Conservation and Development Commission and in
conformance with the policies contained in Title 7.2 (commencing with
Section 66600) of the Government Code and Division 19 (commencing
with Section 29000) of the Public Resources Code.
   (d) The local authority shall provide access to utility vehicular
or pedestrian traffic in order that the utility may maintain,
operate, replace, remove, or renew existing and functioning utility
facilities.
   (e) No ordinance or resolution adopted pursuant to this section
shall prohibit the delivery of freight by commercial vehicles.
   (f) No ordinance or resolution adopted pursuant to this section
shall be implemented in a manner that adversely affects the operation
of emergency vehicles or the performance of municipal services.
   (g) No ordinance or resolution adopted pursuant to this section
shall restrict the access of certain members of the public to the
alley, while permitting others unrestricted access to the alley.
21103.  No ordinance or resolution enacted under Section 21101 shall
be effective until signs giving notice of the local traffic laws are
posted at all entrances to the highway or part thereof affected.
21104.  No ordinance or resolution proposed to be enacted under
Section 21101 or subdivision (d) of Section 21100 is effective as to
any highway not under the exclusive jurisdiction of the local
authority enacting the same, except that an ordinance or resolution
which is submitted to the Department of Transportation by a local
legislative body in complete draft form for approval prior to the
enactment thereof is effective as to any state highway or part
thereof specified in the written approval of the department.
   This section does not preclude the application of an ordinance or
resolution adopted under Section 21101 or subdivision (d) of Section
21100 to streets maintained by a community services district
organized pursuant to Division 3 (commencing with Section 61000) of
Title 6 of the Government Code.  An ordinance or resolution enacted
by a local authority pursuant to subdivision (c) of Section 21101 may
impose a fine or penalty of up to one hundred dollars ($100) for a
violation of this code.
21105.  No rule or regulation adopted under Sections 21100 or 21101
shall be effective as to boundary line streets where portions thereof
are within different jurisdictions unless all authorities having
jurisdiction of such portions of the street concerned have approved
the same.
21106.  (a) Local authorities, by ordinance or resolution, may
establish crosswalks between intersections.
   (b) Local authorities may install signs at or adjacent to an
intersection directing that pedestrians shall not cross in a
crosswalk indicated at the intersection.  It is unlawful for any
pedestrian to cross at the crosswalk prohibited by a sign.
21107.  The provisions of this code shall not prevent any city from
adopting rules and regulations by ordinance or resolution, regulating
vehicular traffic on privately owned and maintained roads located
within the boundary of such city, except that no such ordinance or
resolution shall be effective until signs giving notice thereof are
posted on the roads affected.  The provisions of this section shall
not apply to any city in which there are publicly maintained city
streets.
21107.5.  (a) Any city or county may, by ordinance or resolution,
find and declare that there are privately owned and maintained roads
as described in the ordinance or resolution within the city or county
that are generally held open for use by the public for vehicular
travel and which so connect with highways that the public cannot
determine that the roads are not highways.  Upon enactment by a city
or county of the ordinance or resolution, this code shall apply to
the privately owned and maintained road, except as provided in
subdivision (b).
   (b)  No ordinance or resolution enacted under subdivision (a)
shall apply to any road on which the owner has erected a notice of a
size, shape, and color as to be readily legible during daylight hours
from a distance of 100 feet to the effect that the road is privately
owned and maintained and that it is not subject to public traffic
regulations or control.
   (c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing after 10 days' written notice to the
owner of the privately owned and maintained road involved.
   (d) The department is not required to provide patrol or enforce
any provision of this code on any privately owned and maintained
road, except those provisions applicable to private property, other
than pursuant to this section.
21107.6.  (a) Any city or county may, by ordinance, find and declare
that there are privately owned and maintained roads as described in
such ordinance within the city or county which are generally held
open to the public for purposes of vehicular travel to serve
commercial establishments.  Upon enactment by a city or county of
such an ordinance, the provisions of this code shall apply to any
such privately owned and maintained road.  No ordinance shall be
enacted under this section without a public hearing thereon and 10
days' prior notice to the owner of the privately owned and maintained
road involved.
   (b) Notwithstanding the provisions of subdivision (a) no ordinance
enacted thereunder shall apply to any road described therein on
which the owner has caused to be erected a notice of such size, shape
and color as to be readily legible during daylight hours from a
distance of 100 feet, to the effect that the road is privately owned
and maintained and that it is not subject to public traffic
regulations or control.
   (c) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained road subjected to the provisions of this code under this
section, except those provisions applicable to private property other
than by action under this section.
21107.7.  (a) Any city or county may, by ordinance or resolution,
find and declare that there are privately owned and maintained roads
as described in the ordinance or resolution within the city or county
that are not generally held open for use of the public for purposes
of vehicular travel but, by reason of their proximity to or
connection with highways, the interests of any residents residing
along the roads and the motoring public will best be served by
application of the provisions of this code to those roads.  No
ordinance or resolution shall be enacted unless there is first filed
with the city or county a petition requesting it by a majority of the
owners of any privately owned and maintained road, or by at least a
majority of the board of directors of a common interest development,
as defined by Section 1351 of the Civil Code, that is responsible for
maintaining the road, and without a public hearing thereon and 10
days' prior written notice to all owners of the road or all of the
owners in the development.  Upon enactment of the ordinance or
resolution, the provisions of this code shall apply to the privately
owned and maintained road if appropriate signs are  erected at the
entrance to the road of the size, shape, and color as to be readily
legible during daylight hours from a distance of 100 feet, to the
effect that the road is subject to the provisions of this code.  The
city or county may impose reasonable conditions and may authorize the
owners, or board of directors of the common interest development, to
erect traffic signs, signals, markings, and devices which conform to
the uniform standards and specifications adopted by the Department
of Transportation.
   (b) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained road subjected to the provisions of this code under this
section, except those provisions applicable to private property other
than by action under this section.
   (c) As used in this section, "privately owned and maintained roads"
includes roads owned and maintained by a city, county or district
that are not dedicated to use by the public or are not generally held
open for use of the public for purposes of vehicular travel.
21107.8.  (a) Any city or county may, by ordinance or resolution,
find and declare that there are privately owned and maintained
offstreet parking facilities as described in the ordinance or
resolution within the city or county that are generally held open for
use of the public for purposes of vehicular parking.  Upon enactment
by a city or county of the ordinance or resolution, Sections 22350,
23103, and 23109 and the provisions of Division 16.5 (commencing with
Section 38000) shall apply to privately owned and maintained
offstreet parking facilities, except as provided in subdivision (b).
   (b) Notwithstanding the provisions of subdivision (a), no
ordinance or resolution enacted thereunder shall apply to any
offstreet parking facility described therein unless the owner or
operator has caused to be posted in a conspicuous place at each
entrance to that offstreet parking facility a notice not less than 17
by 22 inches in size with lettering not less than one inch in
height, to the effect that the offstreet parking facility is subject
to public traffic regulations and control.
   (c) No ordinance or resolution shall be enacted under subdivision
(a) without a public hearing thereon and 10 days prior written notice
to the owner and operator of the privately owned and maintained
offstreet parking facility involved.
   (d)   Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required under subdivision (a) or the
posting of a notice at each entrance to the offstreet parking
facility as required under subdivision (b).
   (e) The department shall not be required to provide patrol or
enforce any provisions of this code on any privately owned and
maintained offstreet parking facility subject to the provisions of
this code under this section except those provisions applicable to
private property other than by action under this section.
21107.9.  (a) Any city or county, or city and county, may, by
ordinance or resolution, find and declare that there are privately
owned and maintained roads within a mobilehome park, as defined in
Section 18214 of the Health and Safety Code, or within a manufactured
housing community, as defined in Section 18801 of the Health and
Safety Code, within the city or county, or city and county, that are
generally not held open for use by the public for vehicular travel.
Upon enactment of the ordinance or resolution, the provisions of this
code shall apply to the privately owned and maintained roads within
a mobilehome park or manufactured housing community if appropriate
signs are erected at the entrance or entrances to the mobilehome park
or manufactured housing community of the size, shape, and color as
to be readily legible during daylight hours from a distance of 100
feet, to the effect that the roads within the park or community are
subject to the provisions of this code.  The city or county, or city
and county, may impose reasonable conditions and may authorize the
owners of the mobilehome park or manufactured housing community to
erect traffic signs, markings, or devices which conform to the
uniform standards and specifications adopted by the Department of
Transportation.
   (b) No ordinance or resolution shall be enacted unless there is
first filed with the city or county a petition requested by the owner
or owners of any privately owned and maintained roads within a
mobilehome park or manufactured housing community, who are
responsible for maintaining the roads.
   (c) No ordinance or resolution shall be enacted without a public
hearing thereon and 10 days' prior written notice to all owners of
the roads within a mobilehome park or manufactured housing community
proposed to be subject to the ordinance or resolution.  At least
seven days prior to the public hearing, the owner or manager of the
mobilehome park or manufactured housing community shall post a
written notice about the hearing in a conspicuous area in the park or
community clubhouse, or if no clubhouse exists, in a conspicuous
public place in the park or community.
   (d) For purposes of this section, the prima facie speed limit on
any road within a mobilehome park or manufactured housing community
shall be 15 miles per hour.  This section does not preclude a
mobilehome park or manufactured housing community from requesting a
higher or lower speed limit if an engineering and traffic survey has
been conducted within the community supporting that request.
   (e) The department is not required to provide patrol or enforce
any provision of this code on any privately owned and maintained road
within a mobilehome park or manufactured housing community, except
those provisions applicable to private property other than by action
under this section.
21108.  Local authorities may adopt rules and regulations by
ordinance or resolution regulating vehicular traffic on privately
owned and maintained roads or ways within the boundaries of a
privately owned airport, when the roads or ways are expressly open to
the general public for purposes of vehicular traffic.
   The rules or regulations shall not be effective until appropriate
signs giving notice thereof are posted along the roads or ways
affected.
21109.  (a) Local authorities may adopt rules and regulations by
ordinance or resolution regulating vehicular and pedestrian traffic
in subways, tubes, and tunnels or upon bridges or viaducts.
   (b) The proposed ordinance or resolution shall not be effective as
to any state highway until approved in writing by the Department of
Transportation.  The Department of Transportation, in considering any
proposed ordinance or resolution to prohibit or restrict the use by
cargo tank vehicles displaying flammable liquids placards in tunnels
of a length of 300 feet or greater, shall consult with the Department
of the California Highway Patrol and hold a public hearing as
provided in Section 21109.5 of the Vehicle Code.  In evaluating the
feasibility of prohibiting or restricting the use of the structure by
cargo tank vehicles displaying flammable liquids placards, the
Department of Transportation shall conduct a traffic and engineering
survey which includes an analysis of the relative risks to public
safety in determining the feasibility of reasonable alternative
routes.
   (c) The rules or regulations shall not be effective until
appropriate signs have been posted giving notice thereof to drivers
and pedestrians approaching the highway structures.
21109.5.  (a) No restriction or prohibition shall be effective
pursuant to subdivision (b) of Section 21109 or Section 34020.5
except upon notice and hearing in the manner prescribed in this
section.
   (b) Notice of hearing shall be published pursuant to Section 6064
of the Government Code.  The notice shall advise all interested
parties that they may submit written or oral objections to the
proposed action and shall designate a time and place for presentation
of the objections.  The time for submission of objections shall not
expire, and the hearings shall not be held, less than 60 days after
the first publication of notice.  The hearing shall be conducted by
the Department of Transportation and interested parties shall be
accorded an adequate opportunity to be heard with respect to their
objections.
21110.  Local authorities may adopt rules and regulations by
ordinance or resolution to require that all vehicles stop before
entering or crossing the tracks at any highway railroad grade
crossing when signs are in place giving notice thereof, but no such
ordinance shall be effective unless approved by an order of the
Public Utilities Commission.
21111.  Local authorities may adopt rules and regulations by
ordinance or resolution regulating vehicular traffic on privately
owned and maintained roads or ways within the boundaries of any
housing project or within the site of any housing owned or operated
by a housing authority created under and by virtue of the Housing
Authorities Law, commencing at Section 34200 of the Health and Safety
Code, on privately owned and maintained roads or ways within areas
which would be a residence district if the road or way were a public
highway, or, with the consent of the owner, on publicly owned and
maintained roads and ways within areas which are not owned by such
local authorities.  The rules or regulations shall not be effective
until appropriate signs giving notice thereof are posted along the
roads or ways affected.
21112.  Local authorities may by ordinance license and regulate the
location of stands on streets and highways for use by taxicabs and
other public carriers for hire in their respective jurisdictions.  No
such ordinance shall be effective as to any state highway until
approved in writing by the Department of Transportation.  Where
maintenance of any state highway is delegated by such department to a
city, such approval is not required.
21113.  (a) No person shall drive any vehicle or animal, nor shall
any person stop, park, or leave standing any vehicle or animal,
whether attended or unattended, upon the driveways, paths, parking
facilities, or the grounds of any public school, state university,
state college, unit of the state park system, county park, municipal
airport, rapid transit district, transit development board, transit
district, joint powers agency operating or managing a commuter rail
system, or any property under the direct control of the legislative
body of a municipality, or any state, county, or hospital district
institution or building, or any educational institution exempted, in
whole or in part, from taxation, or any harbor improvement district
or harbor district formed pursuant to Part 2 (commencing with Section
5800) or Part 3 (commencing with Section 6000) of Division 8 of the
Harbors and Navigation Code, a district organized pursuant to Part 3
(commencing with Section 27000) of Division 16 of the Streets and
Highways Code, or state grounds served by the Department of the
California Highway Patrol, or any property under the possession or
control of a housing authority formed pursuant to Article 2
(commencing with Section 34240) of Part 2 of Division 24 of the
Health and Safety Code, except with the permission of, and upon and
subject to any condition or regulation which may be imposed by the
legislative body of the municipality, or the governing board or
officer of the public school, state university, state college, county
park, municipal airport, rapid transit district, transit development
board, transit district, joint powers agency operating or managing a
commuter rail system, or state, county, or hospital district
institution or building, or educational institution, or harbor
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code, or
housing authority, or the Director of Parks and Recreation regarding
units of the state park system or the state agency with jurisdiction
over the grounds served by the Department of the California  Highway
Patrol.
   (b) Every governing board, legislative body, or officer shall
erect or place appropriate signs giving notice of any special
conditions or regulations that are imposed under this section and
every board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the board,
legislative body, or officer, for examination by all interested
persons, a written statement of all those special conditions and
regulations adopted under this section.
   (c) When any governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
   (d) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, which had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
   (e) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, and roller skates on
property under the control of, or any portion of property used by,
the board.
   (f) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, and roller skates on public property under the
jurisdiction of that agency.
   (g) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
six million people, and any other housing authority that complies
with the requirements of this section.
21114.  If a local authority finds that a city street or county road
under its jurisdiction adjacent to an airport has been specifically
designed and constructed, with the prior approval of the local
authority, so as to safely permit the use thereof by regular
vehicular traffic and also the taxiing of aircraft thereon between
the airport and the place where such aircraft are hangared or tied
down, the local authority may by resolution or ordinance designate
such street or road or portion thereof for such combined use and
prescribe rules and regulations therefor which shall have the force
of law.  No such street or road shall be so designated for a distance
of more than one-half mile from the airport, provided, the finding
of the local authority in this respect shall be conclusive.  Upon
such designation becoming effective, it shall be the sole
responsibility of the local authority to enforce the provisions of
the Vehicle Code and all rules and regulations adopted by it upon
such street or road.  Upon such designation becoming effective it
shall be lawful to taxi aircraft upon such street or road in
accordance with the rules and regulations prescribed as aforesaid and
said aircraft need not be licensed under this code or comply with
other provisions thereof.
21114.5.  Notwithstanding Section 21663 or any other provision of
this code, local authorities may, by ordinance, authorize the
operation of electric carts by physically disabled persons, by
persons 50 years of age or older, or, while in the course of their
employment, by employees of the United States Postal Service, state
and local governmental agencies, or utility companies, on public
sidewalks.  Any ordinance shall, however, contain provisions
requiring any disabled person or person 50 years of age or older who
owns or leases an electric cart to apply to the local authority for a
permit and an identification sticker to so operate the cart, and
requiring the person to affix the sticker to the cart in order to
operate it on the sidewalk.  The permit and sticker shall become
invalid if the person ceases to operate, own, or lease the cart.
   This section does not apply to devices described in subdivision
(b) of Section 415.
21115.  (a) If a local authority finds that a highway under its
jurisdiction is located adjacent to, or provides access to, a golf
course and between the golf course and the place where golf carts are
parked or stored or is within or bounded by a real estate
development offering golf facilities and is designed and constructed,
so as to safely permit the use of regular vehicular traffic and also
the driving of golf carts on the highway, the local authority may,
by resolution or ordinance, designate the highway or portion of the
highway for combined use and prescribe rules and regulations that
shall have the force of law.  No highway shall be so designated for a
distance of more than one mile from the golf course if the highway
is not located within a development or beyond the area of a
development, provided, the finding of the local authority in this
respect shall be conclusive.  Upon the designation becoming effective
it shall be lawful to drive golf carts upon the highway in
accordance with the prescribed rules and regulations.  The rules and
regulations may establish crossing zones and speed limits and other
operating standards but shall not require that the golf carts conform
to any requirements of this code with respect to registration,
licensing, or equipment, except that if operated during darkness the
golf cart shall be subject to the provisions of Section 24001.5
regarding equipment.
   The rules and regulations shall not be effective until appropriate
signs giving notice thereof are posted along the highway affected.
   A "real estate development offering golf facilities," for purposes
of this section, means an area of single-family or multiple-family
residences, the owners or occupants of which are eligible for
membership in, or the use of, one or more golf courses within the
development by virtue of their ownership or occupancy of a
residential dwelling unit in the development.
   (b) For purposes of this section, a "golf cart" includes a
low-speed vehicle.
21115.1.  (a) Notwithstanding Section 21115, a local authority may,
by ordinance or resolution, establish crossing zones, for use by golf
carts at any time other than during darkness, on any street, other
than a state highway, that has a posted speed limit of 45 miles per
hour or less and that is immediately adjacent to a golf course.  The
crossing zones shall be at an angle of approximately 90 degrees to
the direction of the roadway.  The ordinance or resolution shall not
become effective until submitted to the law enforcement agency having
primary jurisdiction over the street, the law enforcement agency
finds and determines that the conditions pertaining to that street,
with the addition of proper signs, markers, or lighting, or any
combination of those, will permit the establishment of a golf cart
crossing with reasonable safety, and the signs, markers, or lighting
specified by the law enforcement agency are in place.
   (b) Subdivision (a) does not constitute precedent for the
operation of golf carts on any street or highway other than in a
crossing zone established pursuant to subdivision (a).
   (c) For purposes of this section, a "golf cart" includes a
low-speed vehicle.
21115.5.  (a) A golf cart or a low-speed vehicle may cross State
Highway 16 at Murieta Drive and at Murieta South Parkway, if the
crossing is controlled by an official traffic control device and is
at an angle of approximately 90 degrees to the direction of the
highway.
   (b) The Rancho Murieta Community Services District may take any
reasonable measures within its jurisdiction that are necessary to
ensure that golf carts and low-speed vehicles may cross safely, as
authorized under this section, and that highway traffic is not
unreasonably impeded thereby.
   (c) (1) It is the intent of the Legislature that the district
complete a golf cart transportation plan under Chapter 6 (commencing
with Section 1950) of Division 2.5 of the Streets and Highways Code
on or before January 1, 2007, that will make the authority granted
under this section unnecessary.
   (2) The Legislature finds and declares that extension of the
repeal date of this section to January 1, 2007, will provide
sufficient time to allow the district to complete the plan described
in paragraph (1).
   (3) It is the further intent of the Legislature that the authority
granted under this section not be extended beyond January 1, 2007.
   (d) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.
21116.  (a) No person shall drive any motor vehicle upon a roadway
located on a levee, canal bank, natural watercourse bank, or pipeline
right-of-way if the responsibility for maintenance of the levee,
canal bank, natural watercourse bank, or pipeline right-of-way is
vested in the state or in a reclamation, levee, drainage, water or
irrigation district, or other local agency, unless such person has
received permission to drive upon such roadway from the agency
responsible for such maintenance, or unless such roadway has been
dedicated as a public right-of-way.
   (b) For this section to be applicable to a particular levee, canal
bank, natural watercourse bank, or pipeline right-of-way, the state
or other agency having responsibility for maintenance of the levee,
canal bank, natural watercourse bank, or pipeline right-of-way shall
erect or place appropriate signs giving notice that permission is
required to be obtained to drive a motor vehicle thereon and giving
notice of any special conditions or regulations that are imposed
pursuant to this section and shall prepare and keep available at the
principal office of the state agency or other agency affected or of
the board of such agency, for examination by all interested persons,
a written statement, in conformity with the existing rights of such
agency to control access to the roadway, describing the nature of the
vehicles, if any, to which such permission might be granted and the
conditions, regulations, and procedure for the acquisition of such
permission adopted pursuant to this section.
   (c) Nothing in this section prohibits the establishment of bicycle
paths or routes (as prescribed by Article 6.5 (commencing with
Section 5078) of Chapter 1 of Division 5 of the Public Resources
Code) on levees, canal banks, natural watercourse banks, or pipeline
rights-of-way.
21117.  (a) Local authorities may, notwithstanding Section 21101 or
21101.6, by written agreement approved by their legislative bodies,
transfer among themselves the responsibility for maintaining,
operating, or controlling public access to any highway under their
respective jurisdictions located in or adjacent to an ecological
reserve or an environmentally sensitive area within their respective
jurisdictions.
   (b) An agreement entered into pursuant to subdivision (a) may
authorize the local authority having responsibility for the highway
under the agreement to do all of the following:
   (1) Limit access by motor vehicles to the highway during certain
hours of the day or certain days of the week.
   (2) Prohibit access by motor vehicles during certain hours of the
day or certain days of the week.
   (3) Provide for the construction or erection of barricades or
other devices designed or intended to separate pedestrians from
vehicles or motor vehicles.
   (4) Establish and operate a program by which vehicular access is
permitted only in conjunction with specified educational programs or
for disabled persons, or both.
   (5) Issue temporary permits for special events valid for less than
one day.
   (c) As used in this section, the term "ecological reserve" has the
same meaning as defined in Section 1584 of the Fish and Game Code,
and "environmentally sensitive area" has the same meaning as defined
in Section 30107.5 of the Public Resources Code.


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