REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Title 10 (Vehicles and Traffic); Sections 10.04.090 (General), 10.16.020 (Parking Regulations), 10.36.065 (Loading and Special Zones), and 10.56.140 (Bicycles) of the Sunnyvale Municipal Code for Clarification and Cleanup
Report
DISCUSSION
The Department of Public Safety (DPS) staff conducts an ongoing review of Sunnyvale Municipal Code (SMC) sections that create problems or ambiguities in enforcement and consults with the City Attorney's Office and relevant departments to update the SMC to ensure that the Code is as clear as possible for citizens and DPS officers responsible for enforcement. DPS has identified the following provisions of Title 10 (Vehicles and Traffic) for updates:
1. SMC Section 10.04.090- Traffic direction by unauthorized person prohibited. Current SMC provisions allow a person "deputized" by the director of public safety to direct traffic. Deputizing someone is generally interpreted to require written assignment and the person deputized to carry proof of such assignment. The California Vehicle Code (CVC) parallel provision to SMC section 10.04.090 is CVC section 21100.3, which allows persons "appointed or authorized by a local authority" to perform such duties. Consistent with the CVC, DPS currently assigns a variety of individuals to direct traffic when necessary and recommends aligning the SMC with the CVC language to ensure that the SMC is not interpreted to require the higher standard of "deputization."
2. SMC Section 10.16.020(b)- Signs or markings indicating restricted stopping, standing or parking. SMC section 10.16.020(b) currently provides that it is unlawful to stop, stand, or park a vehicle in violation of any legible sign or curb marking. DPS has handled some cases where traffic commissioners overturned citations where people claimed signs or curb markings were not legible because, for example, the sun was shining on the sign or a car was blocking the curb markin...
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