The speed limits for the City streets listed on Exhibit A shall be modified as set out on that exhibit; effective upon the posting of signs in compliance with applicable law giving notice thereof.

(Ord. 134 § 2, 1996; Ord. 140 § 2, 1998; Ord. 172 § 2, 2003)

Chapter 12.08: Exhibit A

* Meets residence district requirements.

(a)

"Bicycle" means every device propelled in whole or in part by human power upon which a person may ride, having two (2) or more wheels, whether or not in tandem, any one of which is over fourteen (14) inches in diameter (including tricycles and similar three-wheeled devices). A unicycle would also classify as a bicycle.

(b)

"Business District" means an area where commercial or industrial businesses comprise (thirty) 30% or more of the property fronting on either or both sides of the highway for a distance of at least three hundred (300) feet; or an area designated as a business area on City land use maps, or an area such as a shopping center, mini-mall or business complex, park or school area.

(c)

"Highway" means a street, way or place maintained by the City and open to the public for vehicular travel. The term "highway" includes State Highway 62.

(d)

"In-line Skate" means a roller skate with wheels in a straight line resembling the blade of an ice skate.

(e)

"Roller Skate" means a shoe, boot, or an apparatus worn on a shoe or boot with wheels attached to such shoe, boot or apparatus.

(f)

"Scooter" means any vehicle, device, or contrivance with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet, and which is designed to be, or can be, propelled by human power, has an upright handle attached to front or rear, and which is not defined as a bicycle by the California Vehicle Code. The term scooter also includes motorized scooters.

(g)

"Sidewalk" means that area adjacent to a traveled highway or pedestrian access to an entrance to a building, whether hard surface or not, upon which the public is customarily invited or permitted to walk or otherwise use.

(h)

"Skateboard" means any vehicle, device, or contrivance with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet, and which is designed to be or can be propelled by human power, and which is not defined as a bicycle by the California Vehicle Code. The term skateboard also includes motorized skateboards.

(i)

"Tricks and/or Stunts" means any singular or repetitive jump, flip, grind, or any other maneuver for performance, demonstration, practice, or display of skill on a skateboard, in-line skates or roller-skates or other wheeled toys in a supine or prone position.

(j)

"Wheeled Toy" means any wheeled object, device and contrivance which can be propelled by human or mechanical power and is designed and intended to be ridden upon, including but not limited to roller-skates, skateboards, coasters, scooters and toy vehicles, but does not include bicycles as defined in this Chapter or vehicles as defined in Vehicle Code Section 670.

(89-46 § 2; Ord. 169 § 1 (part), 2003)

(a)

Skateboards and other wheeled toys. No person shall operate, use, park, drive, propel or cause to be propelled a skateboard or other wheeled toy on or within the following private or public property within the City:

(1)

Any private property, including the property of any public agency other than the City, where the owner of said property has posted or erected signs prohibiting such use.

(2)

Any sidewalk, highway, parking lot, or other location in a business district, regardless of whether signs are posted or erected prohibiting such use.

(3)

City property: (i) Any City park excepting those expressly exempted pursuant to the terms of this Chapter, and (ii) any sidewalk or City property or facility where the City Council finds that skateboards or other wheeled toys create the potential to damage such public sidewalk or City facility or create a health and safety problem. Such sidewalks and City facilities shall be designated by resolution of the City Council to prohibit such use, and such designated sidewalks and City facilities shall be posted with signs prohibiting such use. The San Bernardino Sheriff's Department is authorized to enter any property posted in accordance with this section to enforce the provisions of this Chapter.

(b)

Motorized skateboards and motorized scooters. No person shall operate, use, park, drive, propel, or cause to be propelled a motorized skateboard or motorized scooter on any City sidewalk or highway, bike path or trail, equestrian, hiking, or recreational trail, or any other property owned and controlled by the City.

(89-46 § 3; Ord. 169 § 1 (part), 2003)

(a)

Except as otherwise expressly exempted by this Chapter, no person shall do either of the following on any public street, alley, sidewalk or right-of-way, public property or property owned and controlled by the City, or on private property unless consented to by the owner: (i) Use ramps, jumps or any other portable device for purposes of forcing the skateboard, roller skates, in-line skates, bicycle, or scooter off the pavement; or (ii) perform tricks and/or stunts.

(b)

No person shall be towed on a skateboard, roller skates, in-line skates, or scooter by the use of any mechanical device.

(89-46 § 4; Ord. 169 § 1 (part), 2003)

No person shall use a skateboard or other wheeled toy in a manner that creates a nuisance. For purposes of this section, in addition to its common meaning, "nuisance" is defined to specifically include any activity which annoys, disturbs, disrupts or threatens another, and includes, but is not limited to, operating the skateboard or other wheeled toy in a manner that would (1) threaten injury to persons or property; (2) create an obstruction or present a hazard to the free use of public or private property by pedestrians or motorists; or (3) cause loud or unreasonable noises. Placing wax on curbs, hand railings, benches and other public property to facilitate skating shall also constitute a nuisance.

(89-46 § 5; Ord. 169 § 1 (part), 2003)

(a)

Devices designed, intended and used for the transportation of merchandise to or from the place of purchase, and other wheeled devices, including but not limited to, wagons, when being used for either of these purposes, shall be exempted from the regulations imposed by this Chapter.

(b)

The provisions of this Chapter shall not apply to a motorized or non-motorized wheelchair or other device that might meet the definition of skateboard or wheeled toy while it is being used for transportation by a physically handicapped person.

(c)

The City Council may, from time to time, designate certain areas for use by skateboards, in-line skates and roller skates, by resolution, duly passed, including any skate park created on private or public property. Such areas shall be posted with signs or otherwise designated by the City.

(89-46 § 6; Ord. 169 § 1 (part), 2003)

(a)

The City Manager or his or her designee is hereby authorized to adopt appropriate rules and regulations to be applicable at skate parks created pursuant to this Chapter. Such rules and regulations shall be conspicuously posted or otherwise designated by the City. Any violation of rules or regulations posted in accordance with this Chapter shall be deemed to be a violation of this Chapter.

(b)

Notwithstanding anything herein, the City Council may, from time to time, by duly passed resolution, remove any area or skate park from its list of areas and/or skate parks designated for use by skateboards, in-line skates and roller skates.

(89-46 § 7; Ord. 169 § 1 (part), 2003)

(a)

Any person who violates any provision of this Chapter shall be guilty of an infraction as defined by the California Penal Code and as described in Chapter 1.04. Subsequent violations of this Chapter may be deemed to be misdemeanors in the judgment of the prosecuting attorney.

(b)

In addition to the penalties so described, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, in-line skates or roller skates of a person found violating this Chapter. Upon impoundment of any skateboard, in-line skates or roller skates as provided herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard, in-line skates or roller skates, as provided in paragraphs C and D below.

(c)

Upon presentation of the receipt, the owner may claim the impounded skateboard, in-line skates or roller skates at the San Bernardino County Sheriff's Department, located at 6527 White Feather Road, Joshua Tree, California, during business hours. If the owner is a minor, such owner may only claim the impounded skateboard, roller blades or roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.

(d)

If the impounded skateboard, in-line skates or roller skates is/are not claimed within 60 days after the date of impoundment, the City may dispose of the item(s) by public sale at auction.

(Ord. 169 § 1 (part), 2003)

(a)

The San Bernadino Association of Governments acting as Congestion Management Agency for San Bernadino County adopted the Congestion Management Program (CMP) on November 4, 1992. The CMP requires each local jurisdiction to adopt and implement a Trip Reduction and Travel Demand Management Ordinance that promotes alternative transportation methods.

(b)

This Trip Reduction and Travel Demand Management Ordinance is intended to satisfy the legal requirements of Chapter 6 of the Congestion Management Program by reducing mobile source emissions.

(Ord. 113 § A, 1994)

The City shall pursue the following strategies and programs to reduce traffic congestion, vehicle miles and traveled (VMT), and vehicle trips (VT).

(a)

Land Use Considerations

(1)

The City shall encourage mixed-use developments in undeveloped areas of the City which would also improve jobs/housing balance in conformance with General Plan policies.

(2)

The City shall provide for a Local Commercial Overlay designation to permit neighborhood commercial uses in residential areas through the Special Use Permit process rather than the rezoning process, to promote the location of certain neighborhood commercial uses being located near the residences they serve.

(3)

The City shall maintain its generous regulations for expansion of home occupations to allow more residents to work at home thereby reducing vehicle trips.

(b)

Promotion of Modal Options.

(1)

The City shall participate as part of the Morongo Basin Transit Authority (MBTA) in developing routes, increasing ridership and requiring developers to consider the requirements of MBTA to provide service to new developments.

(2)

The City may require new developments to provide links to multi-purpose, pedestrian, equestrian and bicycle trails system. Special consideration shall be given to linking major trip generators.

(3)

The City may require appropriate bicycle parking at new commercial and multi-family developments.

(4)

The City shall cooperate with the Mojave Desert Air Quality Management District (MDAQMD) in providing information to the public about public transit car pooling, van pooling, park and ride lots, Computer Transportation System, other modal options and other methods of reducing VMT and VT.

(c)

Transportation and Traffic Flow Improvements.

(1)

The City shall continue to consider traffic impact fees to developers for the installation of transportation improvements, traffic signals, acceleration/deceleration lanes, and other appropriate traffic control and improvement measures.

(2)

The City shall require appropriate traffic impact analyses for all significant new development and assure implementation of recommended mitigation measures for new development.

(Ord. 113 § B, 1994)

The purpose of this Chapter is to protect the streets and roads of residential areas, restrict the operation of heavy commercial vehicles in residential areas, provide for pedestrian and traffic safety, and provide appropriate truck routes for heavy commercial vehicles.

(Ord. 195 § 1 (part), 2005)

The following definitions shall apply to this Chapter:

"Commercial vehicle" means a vehicle of a type required to be registered by the California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained primarily for the transportation of property. A van pool vehicle is not a commercial vehicle for purposes of this Chapter.

"Restricted streets and roads" mean all streets and roads in the City except truck routes as herein established.

(Ord. 195 § 1 (part), 2005)

It is unlawful to operate any commercial vehicle exceeding a maximum gross weight limit of ten thousand (10,000) pounds on any street or road within the City except for those truck routes established pursuant to this Chapter.

Whenever a street or road has been established as a truck route pursuant to this Chapter the City Engineer shall erect appropriate signs designating the affected street or road thereof. Such signs shall identify the street or road as a truck route and signage shall conform to the State of California Department of Transportation Standard Specification 56, and shall be erected at all truck route entrances to the City, at all intersections of truck routes within the City, and at such other places as the City Engineer may deem necessary for the proper enforcement of this Chapter.

(Ord. 195 § 1 (part), 2005)

In addition to Twentynine Palms Highway throughout the City, which is not regulated by the City for purposes of traffic restriction, the following streets and portions of streets are designated and established as truck routes:

(a)

Adobe Road between Sullivan Road and the MCAGCC gate;

(b)

Amboy Road throughout the City;

(c)

Baseline Road from Wilshire Avenue to the easterly City limits;

(d)

Bullion Mt. Road from Twentynine Palms Highway to Valle Vista Road;

(e)

Indian Trail from the westerly City limits to Adobe Road;

(f)

Lear Avenue from Twentynine Palms Highway north to the City limits;

(g)

Mojave Road between Twentynine Palms Highway and Baseline;

(h)

Wilshire Avenue from Twentynine Palms Highway south to Baseline Road;

(i)

Utah Trail between Amboy Road and Valle Vista Road;

(j)

Valle Vista Road between Adobe Road and the easterly City limits.

(Ord. 195 § 1 (part), 2005)

Any peace officer who has reason to suspect that a commercial vehicle not proceeding over a truck route is in violation of this Chapter shall have the authority to require any person driving or in control of any such vehicle to proceed to any public or private scale available for the purpose of weighing the vehicle and determining whether the commercial vehicle is in compliance with this Chapter.

(Ord. 195 § 1 (part), 2005)

The provisions of this Chapter do not apply to the following vehicles:

(a)

Commercial vehicles making pickups or deliveries of goods, wares or merchandise from or to any building or lot located along restricted streets or delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has been obtained.

(b)

Passenger buses under the jurisdiction of the Public Utilities Commission or school buses.

(c)

Any vehicle used for the removal of refuse under contract with the City.

(d)

Any authorized emergency vehicle.

(e)

Any tow truck exempt per Chapter 12.66 of this Code.

(f)

Any vehicle owned by a public utility or a licensed contractor while in use for the construction installation or repair of any public utility.

(Ord. 195 § 1 (part), 2005)