HomeMy WebLinkAboutA002 - Legal Opinion dated October 1, 1987 MEMORANDUM
T0: Steve Schainker, City Manager / EF
FROM: John R. Klaus, City Attorneyv 'DATE: October 1, 1987
SUBJECT: Authority to Paint Curb Yellow,
Ontario Circle Cul-de-sac.
The yellow painted curb is a means by which motorists are given notice
that parking at that point is prohibited by law. Painting the curb
yellow does not create the prohibition, it is merely a form of notice,
like a sign. The yellow curb should only be used at sites where parking
has been prohibited by ordinance, or by administrative action done under
the authority of an ordinance. There are two possible sources of author-
ity for administrative establishment of the yellow curb marking on the
Ontario Circle cul-de-sac.
The first is section 18. 17(2) of the Mun. Code which prohibits parking
so as to obstruct a driveway. It is presumably the authority relied on
to paint the curb yellow on both sides of a number of public and private
driveways at various locations in the city. The ordinance does not set
any precise standards so the distance on either side of the driveway
where the yellow designation can be placed is a judgement call to be
reasonable under the unique circumstances of the location.
The second is section 26.4(p) Mun. Code which gives the manager authori-
ty to designate " No Parking Here To Corner " locations. However, this
section requires the use of signs as well as the yellow curb, and the
distance from the corner cannot exceed 100 feet.
The two sources of authority can be used in combination. That is,
designate no parking for 100 feet from each end of the cul-de-sac, and
do the usual yellow curb paint on each side of each driveway.
However, if there is a center circle in the cul-de-sac around which
parking should also be prohibited, I recommend an ordinance to simply
prohibit all parking in the cul-de-sac. The ordinance is a desirable
measure under any circumstances. Also, under Sec. 26.4(c) you have
authority to designate "temporary" no parking sites while passage of the
ordinance is pending. Let me know if you want an ordinance.
cc: Jim Valenta
Nancy Dionigi