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HomeMy WebLinkAbout17-13 CC Ordinance ORDINANCE NO. 17-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 10.48, PRIVATE TRAFFIC CONTROL AND DIRECTION, TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby adds Chapter 10.48, Private Traffic Control and Direction, to the Temecula Municipal Code to read as follows: Chapter 10.48 Private Traffic Control and Direction 10.48.010 Except as otherwise provided in this chapter or by law, it shall be unlawful for any person who is not a police officer or a regularly detailed employee of the City to direct vehicular traffic upon a public street within the City. 10.48.020 The City Manager is authorized to issue a traffic control permit to a qualifying organization for the limited purpose of controlling vehicular access to and from private property and the public streets or for controlling vehicular traffic upon a portion of a public street, in furtherance of a lawful activity of the permittee, under the following terms and conditions: 1) The time shall be limited to only such period as shall be necessary to allow orderly ingress and egress; 2) A traffic circulation plan shall be developed and approved by the Chief of Police; 3) Only traffic control personnel who have been trained through an approved program and are certified and approved by the Chief of Police to perform such function may be used by the permittee; 4) Traffic control personnel shall wear a distinctive color vest with reflective markings, lettered with the words "TRAFFIC CONTROL" in minimum three (3) inch letters on the front and back, as approved by the Chief of Police, while performing permitted duties; 5) The permittee shall procure and maintain public liability insurance in an amount of not less than one million dollars ($1,000,000) combined single limit, or such greater amount as the City Manager may determine to be best protect the City, during the term of the permit, naming the City, the County of Riverside, their elected officials and employees, as additional insureds; Ords 17-13 1 6) The permittee shall execute an indemnification agreement with the 111 City indemnifying, defending and holding harmless the City and County of Riverside from any and all claims and liability arising from or during the provision of traffic control services as approved by the City Manager and City Attorney. 10.48.030 Permits may be issued on an annual or single event basis. The City Manager may promulgate ,additional rules and regulations governing the application and issuance of the permit. 10.48.040 The standards for training and certification of traffic control personnel shall be approved by the Chief of Police. 10.48.050 The City Manager may suspend or revoke any permit issued for any violation of the conditions of issuance or unsafe practices or conditions arising from the permittee's activity. 10.48.060 The City Council may by resolution establish fees for the processing and issuing traffic control permits and for the administration of this program based on the actual costs to the City. 10.48.070 The failure to obey a lawful order issued by a duly appointed traffic controller shall be punished pursuant to Vehicle Code Section 21100.3 or any successor statute. 10.48.080 City Manager and Chief of Police may designate subordinate employees to fulfill the functions required by this Chapter. Section 2. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. Section 3. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 1 Ords 17-13 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2017. -7'\A49.474-4-'-- Maryann Edwards, Mayor ATTEST: • Randi Joh -rty Clerk [SEAL] Ards 17-13 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 17-13 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of November, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2017, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Rahn, Stewart, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar Randi Johl, City Clerk Ords 17-13 4