(a)Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the state and in all counties and municipalities therein, and a local authority shall not enact or enforce any ordinance or resolution on the matters covered by this code, including ordinances or resolutions that establish regulations or procedures for, or assess a fine, penalty, assessment, or fee for a violation of, matters covered by this code, unless expressly authorized by this code.
(b)To the extent permitted by current state law, this section does not impair the current lawful authority of the Mountains Recreation and Conservation Authority, a joint powers authority, or any member agency constituted therein as of July 1, 2010, to enforce an ordinance or resolution relating to the management of public lands within its jurisdiction.
Notes of Decisions
O'CONNELL v. City of Stockton, 162 P.3d 583 (Cal. 2007).
· cites it 10× “The Court of Appeal below held that the Legislature had expressly preempted that field through the interplay of two Vehicle Code provisions: Vehicle Code section 21 (precluding local regulation in areas covered by the Vehicle Code absent express legislative authorization) and…”
Ingersoll v. Palmer, 743 P.2d 1299 (Cal. 1987).
· cites it 2× “[7] Vehicle Code section 21 provides: "Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters…”
Rumford v. City of Berkeley, 645 P.2d 124 (Cal. 1982).
· cites it 2× “Thus, in seeking this writ of mandate, plaintiffs only challenge Berkeley's decision to use diverters to implement its plan to reduce traffic in residential neighborhoods. [1] III. Whether Berkeley may properly employ diverters to control traffic hinges on whether express…”
ZACK'S, INC. v. City of Sausalito, 165 Cal. App. 4th 1163 (Cal. Ct. App. 2008).
“2d 124 ]; Veh. Code, §21 [“no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein”].”
Save Sunset Strip Coalition v. City of West Hollywood, 105 Cal. Rptr. 2d 172 (Cal. Ct. App. 2001).
“* Plaintiffs challenge the city’s creation of a cul-de-sac on Alta Loma Road pursuant to Vehicle Code section 21101. They contend the city was required to find that the road was no longer needed for vehicular traffic but failed to do so and could not have done so.”
People v. McNeil, 118 Cal. Rptr. 2d 54 (Cal. Ct. App. 2002).
· cites it 2× “(Veh. Code, § 21.) No subsequent decision has questioned or limited these precedents.”
Lone Star Sec. & Video, Inc. v. City of Los Angeles, 584 F.3d 1232 (9th Cir. 2009).
“” Cal. Veh.Code § 21. The Code further makes it “unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or to any other place, except as provided in this code.”
Friends of H Street v. City of Sacramento, 20 Cal. App. 4th 152 (Cal. Ct. App. 1993).
“” 4 Vehicle Code section 21100 provides, in relevant part: “Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters: [fl] .”
Mountains Rec. Conservation Auth. v. Kaufman, 198 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2011).
· cites it 2× “During the time period that is pertinent to this appeal, Vehicle Code section 21 proscribed legislation by a local authority “on the matters covered by this code.”
Barajas v. City of Anaheim, 15 Cal. App. 4th 1808 (Cal. Ct. App. 1993).
“*1818 Vehicle Code section 21 declares, “Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters…”
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