HomeMy WebLinkAboutORD 257ORDINANCE NO. 257
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, PERTAINING
TO TRAFFIC REGULATIONS BY ADDING A NEW
SECTION FINDING CERTAIN PRIVATELY OWNED
AND MAINTAINED STREETS AND PARKING AREAS
TO BE GENERALLY HELD OPEN FOR THE USE OF THE
PUBLIC FOR VEHICULAR TRAFFIC, SUBJECT TO THE
PROVISIONS OF SECTION 21107.5 OF THE VEHICLE
CODE OF THE STATE OF CALIFORNIA.
WHEREAS, Section 21107,6 was added to the Vehicle
Code by the State Legislature at its last regular session
and will become effective on September 18, 1981; and
WHEREAS, the City Council hereby finds and deter-
mines that those privately owned and maintained streets and
parking areas as hereinafter described in this ordinance
within the City of Palm Desert are generally held open for
the use of the public for the purpose of vehicular traffic
and the City Council further finds that those streets and
parking areas hereinafter set forth are privately owned and
maintained and so connect with public streets or highways that
the public cannot determine that the same are privately
owned and maintained streets and parking areas rather than
public streets or highways; and
WHEREAS, prior to the adoption of this ordinance
notice in writing was given to each of the owners of said
privately owned and maintained streets and parking areas of
the time and place of a public hearing on the adoption of
this ordinance, said notice being given at least ten (10)
days prior to said hearing; and
WHEREAS, pursuant to the provisions of Section
21107.5, upon the enactment of this ordinance the provisions
of the Vehicle Code shall apply to all such privately owned
and maintained roads, hereinafter described, unless the
owner thereof post the same with a notice of such size,
shape and color as to be readily legible during the daylight
hours for a distance of one hundred (100) feet to the effect
that the road is privately owned and maintained and is not
subject to public traffic regulation and control.
oc
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section is hereby added to
the Code of the City of Palm Desert:
Section Enforcement of the Provisions
of this Chapter and the Vehicle Code on Privately
Owned and Maintained Roads. The City Council of
the City of Palm Desert hereby finds and deter-
mines that the following are privately owned and
maintained streets and parking areas which are
generally held open for use of the public for
purposes of vehicular traffic and which so connect
with streets or highways that the public cannot
determine that said privately owned and maintained
roads are not public streets or highways, to wit:
All parking areas, lanes, aisles,
driveways and streets lying between
E1 Paseo on the south and Highway 111
on the north.
The City Council further finds and determines,
that so long as said streets and parking areas are not
posted, that it shall provide traffic law enforcement on
said streets and parking areas and that said streets and
parking areas shall be subject to all the provisions of this
Code and the Vehicle Code of the State of California and
except as herein provided the City of Palm Desert shall not
be deemed to assume any responsibility or liability for the
maintainance or care of said privately owned and maintained
streets.
The City Council further finds and determines that
there have been previously placed upon said privately owned
and maintained streets and parking areas, pursuant to the
provisions of Section'. of the Palm Desert Municipal
Code and following, study and recommendation of the Traffic
Committee, traffic and parking signs, postings and markings.
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ORDINANCE NO. 25,'
Page two
It is the intention of the City Council to continue in force
and effect until changed as provided by law, those traffic
and parking regulations heretofore imposed on said streets
and parking areas pursuant to provisions of this Code. All
intersections, safety zones, crosswalks, red or green curb
parking, loading or standing regulation markings, stop
signs, traffic control signs, speed limit signs, slow signs,
danger signs, caution signs, warning signs, and all other
traffic control signs and devices, parking limit signs,
roadway markings relative to traffic direction and control,
heretofore so marked or posted as authorized by this Code,
and which have not been changed by action of the City Council,
shall so continue and shall be in force pursuant to the
provision of this chapter and the Vehicle Code of the State
of California's part of the traffic regulations of the City
of Palm Desert, until so modified. No person shall drive,
stand or park a vehicle in violation thereof.
SECTION 2: The City Clerk of the City of Palm
Desert, California, shall certify to the passage and adoption
of this ordinance and shall cause the same to be posted as
required by law. This ordinance shall become effective
thirty (30) days after the date of its adoption.
PASSED, APPROVED and ADOPTED by the City Council
of the City of Palm Desert, California, on the llth day of
June , 1981, by the following vote, to wit:
AYES: Puluqi, Snyder and Newbrander
NOES: None
ABSENT: McPherson and Wilson
ABSTAIN: None
TTEST:
SHEILA R. L1,IGAN, C
City of Palm Desert,
t
S.
Ci
' Clerk
ifornia
WIL,csON,`-Mayor
f Palm Desert, California
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