2019-26 Amend Title 24 (Traffic Code) ORDINANCE 2019-26
AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO
TITLE 14 (TRAFFIC CODE) OF THE ENCINITAS MUNICIPAL CODE, TO MODIFY
EXISTING TRAFFIC CODE REGULATIONS.
The City Council of the City of Encinitas does hereby find and declares as follows:
WHEREAS, The City of Encinitas desires to amend Title 14 (TRAFFIC CODE) of the
Encinitas Municipal Code, to modify existing traffic code regulations;
WHEREAS, the City Council conducted a Public Hearing on November 13, 2019 for the
purpose of considering amendments to Title 14 of the Encinitas Municipal Code;
WHEREAS,the City Council has duly considered the totality of the record and all evidence
submitted into the record, including public testimony and the evaluation and recommendations by
staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, based on the totality of the record and evidence described and referenced in
this Ordinance, the City Council finds that the proposed text amendments are consistent with the
purposes of the General Plan, and Municipal Code, in that the amendments modify existing traffic
code regulations.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION ONE: CHAPTER 14.08 (TRAFFIC ADMINISTRATION) OF TITLE 14, TRAFFIC
CODE ,
Section 14.080.020 (City Traffic Engineer—Office Established—Powers and Duties
Generally) of Chapter 14.08 (Traffic Administration) of Title 14 (Traffic Code) of the Encinitas
Municipal Code is hereby amended to read as follows (c*�ut is used to denote existing text
being deleted; underline is used to denote new text being added):
The office of City Traffic Engineer is established. The DiFeStOF of PubliG WOFks A
Principal/Senior Engineer in the Development Services Department shall serve as City
Traffic Engineer in addition to his or her other functions and shall exercise the powers and
duties with respect to traffic as provided in this chapter.
Section 14.080.030 (Additional Powers and Duties of Traffic Engineer) of Chapter 14.08
(Traffic Administration) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby
amended to read as follows (s+F�ut is used to denote existing text being deleted; underline is
used to denote new text being added):
It shall be the general duty of the City Traffic Engineer to determine the installation and
proper timing and maintenance of traffic control devices and signals, to conduct
engineering analysis of traffic its collisions and to devise remedial measures, to
conduct engineering investigation of traffic conditions and to cooperate with other City
officials in the development of ways and means to improve traffic conditions and to carry
out the additional powers and duties imposed by ordinances of the City.
Section 14.080.060 (Traffic Collision Records) of Chapter 14.08 (Traffic Administration) of
Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as follows
(stFikeout is used to denote existing text being deleted; underline is used to denote new text being
added):
The Police Department or San Diego County Sheriff's Office shall maintain a suitable
system of filing traffic collision reports which shall be made available to the City Traffic
Engineer and shall cooperate.with the City in the development of remedial measures to
reduce the number of accidents and enhance traffic safety in accordance with the now
existing provisions of the Agreement for General Law and Traffic Enforcement Services
between the City and the County of San Diego.
SECTION TWO: CHAPTER 14.16 (TRAFFIC CONTROL DEVICES) OF TITLE 14, TRAFFIC
CODE
Section 14.16.020 (Authority to Install) of Chapter 14.16 (Traffic Control Devices) of Title
14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as follows (stfikeout
is used to denote existing text being deleted; underline is used to denote new text being added):
A. The City Traffic Engineer or his/her designee is authorized and shall have the power
and duty to place and maintain or cause to be placed and maintained official traffic control
devices when and as required undeF the t Fami^ eFdonannes enacted by the City Ge Unnil to
make effentiye the provisions of S Unh GFdinanne
B. Whenever the Vehicle Code of the state requires fer the effen+i.,eness of nn., n�e.,i cien
theree#that traffic control devices be installed to give notice to the public of the application
of such law the City Traffic Engineer is authorized to install the necessary devices subject
to any limitations or restrictions set forth in the law applicable thereto.
C. The City Traffic Engineer may also place and maintain such additional traffic control
devices as deemed necessary to regulate traffic or to guide or warn traffic. The City Traffic
Engineer shall make such determination only upon the basis of traffic engineering
principles and traffic investigations-and-n asceFd^n^e with °„^h standaFds Iin,i+.,#G
be set forth On the City of Encinitas TraffiG Diversion PFOgFaFn, the &Gp
FesG!Ut*GR of the City Counoil.
Section 14.16.050 (Installation of Traffic Signals) of Chapter 14.16 (Traffic Control
Devices) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (strikeout is used to denote existing text being deleted; underline is used to denote new
text being added):
i
A. The City Traffic Engineer as authorized by a City Council Resolution is authorized to
install and maintain official traffic signals at those intersections and other places where
traffic conditions are such as to require that the flow of traffic be alternately interrupted
and released in order to prevent or relieve traffic congestion or to protect life or property
from exceptional hazard.
B. The City Traffic Engineer shall ascertain and determine the locations where such
signals are required based on field observation, traffic counts and other traffic information
as may be pertinent, and such determinations t"�,eFefrem shall be made in accordance with
those traffic engineering and safety standards and instructions issued by the State
Department of Transportation.
Section 14.16.070 (Distinctive Roadway Markings) of Chapter 14.16 (Traffic Control
Devices) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (strikeout is used to denote existing text being deleted; underline is used to denote new
text being added):
Whenever the State Department of Transportation determines by resolution and
designates a distinctive roadway marking which shall indicate no driving over such
marking,the City Traffic Engineer is authorized to designate by such marking those streets
or parts of streets where the volume of traffic or the vertical or other curvature of the
roadway renders it hazardous to drive on the left side of such marking or signs and
markings. Such marking or signs and markings shall have the same effect as similar
markings placed by the State Department of Transportation pursuant to provisions of the
State Vehicle Code.
Section 14.16.120 (Portable School Crossing Signs) of Chapter 14.16 (Traffic Control
Devices) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (sffikeeut is used to denote existing text being deleted; underline is used to denote new
text being added):
The City Traffic Engineer may issue a permit to any
school district authorizing such district to maintain a portable school crossing sign and
flash or flasher. Such permit may be issued on the terms and conditions deemed
necessary or appropriate by the City Traffic Engineer for the protection of the public. Any
such permit issued by the City Traffic Engineer shall contain a provision that it may be
revoked by the City Traffic Engineer for violation of any of the terms or conditions of such
permit.
Section 14.16.150 (One-Way Streets and Alleys) of Chapter 14.16 (Traffic Control
Devices) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (strikeout is used to denote existing text being deleted; underline is used to denote new
text being added):
Whenever any erdinanGe of resolution of the City designates any one-way street or alley,
the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such
regulations shall be effective unless such signs are in place. Signs indicating the direction
of lawful traffic movement shall be placed at every intersection where movement of traffic
in the opposite direction is prohibited.
SECTION THREE: CHAPTER 14.20 (TURNING MOVEMENTS) OF TITLE 14, TRAFFIC CODE
Section 14.20.050 (Authority to Prohibit Right Turns Against Traffic Stop Signal—
Obedience) of Chapter 14.20 (Turning Movements) of Title 14 (Traffic Code) of the Encinitas
Municipal Code is hereby amended to read as follows (stFikeout is used to denote existing text
being deleted; underline is used to denote new text being added):
The City Traffic Engineer is authorized to determine those intersections within the Central
Business District, any business district or residence district at which drivers of vehicles
shall not make a right turn against a red or stop signal and shall erect proper signs giving
notice of such prohibition. No dFiveF of a vela+ste shall-disobey the-dir Gtiens of any S Gh
SECTION FOUR: CHAPTER 14.28 (STOP AND YIELD REQUIREMENTS) OF TITLE 14,
TRAFFIC CODE
Section 14.28.020 Erection and Location of Stop Signs) of Chapter 14.28 (Stop and Yield
( p 9 ) p ( p
Requirements) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to
read as follows (stFi ceeut is used to denote existing text being deleted; underline is used to denote
new text being added):
Whenever any eFdinaRGe of resolution of the City designates and describes any street or
portion thereof as a thMugh street, or any intersection at which vehicles are required to
stop at one or more entrances thereto, or any railroad grade crossing at which vehicles
are required to stop, the City Traffic Engineer shall erect and maintain stop signs as
follows:
A stop sign shall be erected on each and every street intersecting S, Gh thFough street or
portion thereof so designated and at those entrances of other intersections where a stop
sign is required and at any railroad grade crossing so designated.
SECTION FIVE: CHAPTER 14.36 (PEDESTRIANS) OF TITLE 14, TRAFFIC CODE
Section 14.36.010 (Establishment of Crosswalks) of Chapter 14.36 (Pedestrians) of Title
14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as follows (stFikeou
is used to denote existing text being deleted; underline is used to denote new text being added):
A. , and area
specific ptans-, 414e-The City Traffic Engineer shall establish, designate, and maintain
crosswalks at intersections and other places by appropriate devices, markers or lines upon
the surface of the roadway as follows:
Crosswalks shall be established and maintained where the City Traffic Engineer
determines that there is paFtiGUlaF hazaFd to a need for marked pedestrians crossing on
the roadway subject to the limitation contained in subsection B of this section.
SECTION SIX: CHAPTER 14.40 (STOPPING, STANDING AND PARKING) OF TITLE 14,
TRAFFIC CODE
Section 14.40.002 (Procedures) of Article I of Chapter 14.40 (Stopping, Standing and
Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (stfikeeut is used to denote existing text being deleted; underline is used to denote new
text being added):
D. The City Council may establish by erdinaRGe-ef resolution a parking permit program
within residential areas to include the designation of streets and/or zones where parking
is restricted to use by residents having authorized permits.
Section 14.40.025 (Signs or Markings Indicating Angle Parking) of Article I of Chapter
14.40 (Stopping, Standing and Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code
is hereby amended to read as follows (°trikeec t is used to denote existing text being deleted;
underline is used to denote new text being added):
A. Consistent with relevant policies and provisions of the Encinitas General Plan, and area
specific plans, yvihenever ally diRaMe of this City desig Rate� and ide�+nribes any StFe t
I�VI IV V Va�A1!
u
nr Pvortiov n thereof upon which angle narking shall he permittedl the City Traffic Engineer
v� �
skull may mark or sign such street indicating the angle at which vehicles shall be parked.
C. Angle parking shall be permitted upon those streets and parts of streets established by
the City Traffic Engineer resolution of the Couneffil, and consistent with relevant policies
and provisions of the Encinitas General Plan, and area specific plans.
Section 14.40.055 (Parking Prohibited at All Times Where Signs Are Erected) of Article I
of Chapter 14.40 (Stopping, Standing and Parking) of Title 14 (Traffic Code) of the Encinitas
Municipal Code is hereby amended to read as follows (Strout is used to denote existing text
being deleted; underline is used to denote new text being added):
The City Traffic Engineer is authorized to appropriately sign or mark the following.places,
and when so signed or marked no person shall stop, stand, or park a vehicle in any such
places__
A.At anal plane within 46 feet of a point an the nurh immediately opposite the mind hlnnL
end of a safety zene•
r
may stop at a designated bus step;
signal,G. Within 45 feet of the appFoaGh to aRY tFaffiG sign, OF OffiGi
eleotrio flashing device;
D. At any place where the Gity TFaffiG EngineeF deteffnines that it is ne 'deF t9
eliminate rdannereus traffin hazards
Section 14.40.065 (Emergency Parking Signs) of Article I of Chapter 14.40 (Stopping,
Standing and Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby
amended to read as follows (st ',emu is used to denote existing text being deleted; underline is
used to denote new text being added):
A. Whenever the City Traffic Engineer determines that emefgeRGY traffic congestion is
likely to result from the holding of public or private assemblages, gatherings, or functions,
or for other reasons, the City Traffic Engineer shall have power and authority to order
temporary signs to be erected or posted indicating that the operation, parking, or standing
of vehicles is prohibited on such streets and alleys as the City Traffic Engineer shall direct
during the time such temporary signs are in place. Such signs shall remain in place only
during the existence of such emergency and the City Traffic Engineer shall cause such
signs to be removed promptly thereafter.
Section 14.40.090 (Curb Markings) of Article II of Chapter 14.40 (Stopping, Standing and
Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (strikeout is used to denote existing text being deleted; underline is used to denote new
text being added):
A. The City Traffic Engineer is authorized, subject to the provisions and limitations of this
chapter, to place, and when required herein shall place, the following curb markings and
their different variations as authorized by the State Vehicle Code to indicate parking or
standing regulations, and such curb markings shall have the meanings as set forth in this
section:
Section 14.40.090 (Bus Zones) of Article II of Chapter 14.40 (Stopping, Standing and
Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as
follows (stFikeeut is used to denote existing text being deleted; underline is used to denote new
text being added):
F. If deemed necessary.Tthe City Traffic Engineer sha may paint a red line stenciled with
white letters "NO STANDING," together with the words "BUS ZONE" upon the top or side
of all curbs and places specified as a bus zone.
Section 14.40.140 (Parking Space Markings) of Article III of Chapter 14.40 (Stopping,
Standing and Parking) of Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby
amended to read as follows (stdkeeut is used to denote existing text being deleted; underline is
used to denote new text being added):
The City Traffic Engineer is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
SECTION SEVEN: CHAPTER 14.44 (SPEED REGULATIONS) OF TITLE 14, TRAFFIC CODE
Section 14.44.020 (Increase of Speed Limits) of Chapter 14.44 (Speed Regulations) of
Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as follows
(°+r�zt is used to denote existing text being deleted; underline is used to denote new text being
added):
The City Council may determine upon the basis of an engineering and traffic survey that
a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe upon any street other than a state highway
otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by
ordinance resolution determine and declare a prima facie speed limit of 30, 35, 40, 45, or
50 miles per hour or a maximum speed limit of 55 miles per hour, whichever is found most
appropriate to facilitate the orderly movement of traffic and is reasonable and safe.
Section 14.44.030 (Decrease of Speed Limits) of Chapter 14.44 (Speed Regulations) of
Title 14 (Traffic Code) of the Encinitas Municipal Code is hereby amended to read as follows
(6tFikeout is used to denote existing text being deleted; underline is used to denote new text being
added):
The City Council may determine upon the basis of an engineering and traffic survey that
the limit of 55 miles per hour is more than reasonable or safe upon any portion of any
street other than a state highway where the limit of 55 miles per hour is applicable, the
local authority may by erdinanGe resolution determine and declare a prima facie speed
limit of 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most appropriate to
facilitate the orderly movement of traffic and is reasonable and safe.
Section 14.44.060 (On Grades) of Chapter 14.44 (Speed Regulations) of Title 14 (Traffic
Code) of the Encinitas Municipal Code is hereby amended to read as follows (strikeout is used to
denote existing text being deleted; underline is used to denote new text being added):
The City Council may establish by eFdinanGe resolution a speed limit of less than 25 miles
per hour on any street.having a grade in excess of 10% that would otherwise be subject
to the state limit of 25 miles per hour.
SECTION EIGHT: CHAPTER 14.54 (STREET INTERSECTIONS-OBSTRUCTIONS WITHIN
VISIBILITY TRIANGLE) OF TITLE 14, TRAFFIC CODE
Section 14.54.050 (Enforcement and Administration) of Chapter 14.54 (Street
Intersections-Obstructions within Visibility Triangle) of Title 14 (Traffic Code) of the Encinitas
Municipal Code is hereby amended to read as follows (stFikeeut is used to denote existing text
being deleted; underline is used to denote new text being added):
C. Upon determination by the City Traffic Engineer that an obstruction exists Within
visibility Irian 4 ^auses a sight distance issue, a notice to abate the public nuisance wi4
shall be hand delivered er mailed to the property owner by registered eF certified mail. If
the property owner fails to abate the public nuisance in accordance with the provisions of
this chapter within 15 calendar days from the date of the notice, the code enforcement
officer will instruct the Street Superintendent, Department of Public Works, to initiate
proceedings enabling City crews to remove the obstruction. All costs incurred by the City,
including labor, equipment and overhead costs, shall be assessed to the property owner.
SECTION NINE: CHAPTER 14.56 (BICYCLES) OF TITLE 14, TRAFFIC CODE
Section 14.56.020 (Riding on Sidewalks) of Chapter 14.56 (Bicycles) of Title 14 (Traffic
Code) of the Encinitas Municipal Code is hereby amended to read as follows (out is used to
denote existing text being deleted; underline is used to denote new text being added):
A. The City Traffic Engineer shall
erect signs on any public sidewalk or roadway regulating the riding of bicycles thereon.
SECTION TEN: SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the
fact that one or more provisions may be declared invalid.
SECTION ELEVEN: PUBLIC NOTICE AND EFFECTIVE DATE
The City Clerk is directed to prepare and have published a summary of the ordinance no
less than five days prior to consideration of its adoption, and again within 15 days following
adoption, indicating the votes cast.
SECTION TWELVE: INTRODUCTION
This Ordinance was introduced on 13th day of November, 2019.
PASSED, APPROVE AND ADOPTED at a regular meeting of the City Council held on
the 11TH day of December, 2019.
Catherine S. Blakespear, Mayor
ATTEST:
Kathy H01 woo , ity Clerk
APPROVED AS TO FORM
ie E. Devaney, City A rney
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby
certify under penalty of perjury that the forgoing ordinance was duly and regularly introduced at
a meeting of the City Council on the 13th day of November, 2019 and that thereafter the said
ordinance was duly and regularly adopted at a meeting of the City Council on the 11th day of
December, 2019 by the following vote, to wit:
AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca
NAYS: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Encinitas, California, this day of December, 2019
=Kthy HolltNO d, Cis -Clerk