§ 12975. Street closings and detours.
(a) General rule.--The following shall apply to the closing of a street to vehicular traffic:
(1) No street shall be closed to vehicular traffic, except upon order of the department of streets and public improvements or other department of the city having jurisdiction over public streets or, in cases of emergency, when immediate action is necessary to protect public safety, by order of the mayor, the police or the fire marshal.
(2) A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued.
(3) Except in cases of emergency, when immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the street has been designated as a detour by the Department of Transportation, unless the Secretary of Transportation has provided written consent or council has, by resolution duly recorded on its minutes, declared the closing necessary for the safety of the public.
(4) When any street which forms a part or section of a State highway or has been designated as a detour by the Department of Transportation is closed to vehicular traffic, the city shall at once notify the Department of Transportation of the creation of a detour under this section. The Department of Transportation shall be notified immediately after the detour is removed.
(5) When any street is to be closed, it shall be the duty of the official or department that authorized the closing to designate a detour.
(6) While the detour is in use, legible signs shall be erected and maintained at reasonable intervals, indicating the proper direction and the detour shall be maintained in safe and passable condition.
(7) When the street that had been closed is opened for traffic, all detour signs shall be removed.
(b) Agreements with owners of private land.--A city may enter into an agreement with the owners of private lands covering the acquisition of right-of-way privileges for a detour over private property for the period when a street shall be closed to traffic. If the parties cannot reach an agreement, the city may proceed with the construction of the detour, with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the city.
(c) Payment.--In the exercise of the rights conferred by this section relating to detours, council is empowered to pay for the necessary maintenance, subsequent repair and land rental out of money available for the construction and maintenance of city streets.
(d) Penalty.--Any individual who willfully removes, defaces, destroys or disregards any barricade, light, danger sign, detour sign, signal or warning of any other type legally erected or placed or who drives on, over or across any street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 11018.16 (relating to enforcement of ordinances, recovery and payment of fines and penalties).
(e) Fine for multiple offenses.--In addition to subsection (d), a person shall pay a fine of not less than $500 or more than the maximum fine authorized in section 11018.17 (relating to penalty) for the second or any subsequent offense.
(f) Costs of prosecution.--An individual punished under subsection (d) or (e) shall pay the costs of prosecution together with the value of the property so removed, defaced or destroyed.
(g) Exception.--An individual who has no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the city without being subject to the penalties imposed by this section.
(h) Collection of fines.--All fines collected under the provisions of this section shall be paid over to the city treasurer.
(i) Civil damages.--In addition to the penalties provided in subsections (d) and (e), the city, its agents or contractors may, in an action at law, recover damages from any person who damages a street when it is closed to vehicular traffic.
Section: Previous 12922 12930 12931 12938 12939 12950 12955 12960 12970 12975 12985 12986 12988 12989 NextLast modified: October 8, 2016