1-36
STREETS AND HIGHWAYS CODE
SECTION 1-36
1. This act shall be known as the Streets and Highways Code. 2. The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. 5. Unless the particular provision or the context otherwise requires, the definitions, rules of construction, and general provisions hereinafter set forth shall govern the construction of this code. 6. Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, part, chapter, article or section hereof. 7. Whenever any power or authority is given to, or any duty is imposed upon, any person by any provision of this code it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person. 8. Whenever any notice, report, petition, permit, statement or record is required by this code, it shall be made in writing in the English language. 9. Whenever any reference is made to any portion of this code or of any other law, such reference shall apply to all amendments and additions thereto. 10. "Section" means a section of this code unless some other statute is specifically mentioned. 11. The present tense includes the past and future tenses; and the future, the present. 12. The masculine gender includes the feminine and neuter. 13. The singular number includes the plural, and the plural the singular. 14. "County" includes "city and county." 15. "City" includes "city and county" and "incorporated town." 16. "Shall" is mandatory and "may" is permissive. 17. "Oath" includes affirmation. 18. "Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. 19. "Person" means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. 20. "Department" means the Department of Transportation of this state. Any reference in any law or regulation to the Department of Public Works shall be deemed to refer to the Department of Transportation. 21. "Director" means the director of the department. 22. Unless the particular provision or the context otherwise requires, "commission" means the California Transportation Commission. Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission. 23. As used in this code, unless the particular provision or the context otherwise requires, "highway" includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. 23.5. "Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. If, in the judgment of the commission or the director, the public interest would be advanced thereby, a freeway, as defined herein, may be denominated a "controlled access highway". In all other respects, the "controlled access highway" shall be subject to all provisions of this code pertaining to freeways. 24. As used in this code, "State highway" means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. 25. As used in this code, "county highway" means any highway which is: (a) Laid out or constructed as such by the county. (b) Laid out or constructed by others and dedicated or abandoned to or acquired by the county. (c) Made a county highway in any action for the partition of real property. (d) Made a county highway pursuant to law. 26. As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), unless the context or a specific provision otherwise requires, "acquire," or any of its variants, when used with reference to real property or any interest therein, includes, but is not limited to, both of the following: (a) Taking by condemnation, purchase, or lease. (b) Receiving by donation or dedication. 27. As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), "maintenance" includes any of the following: (a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility. The degree and type of maintenance for each highway, or portion thereof, shall be determined in the discretion of the authorities charged with the maintenance thereof, taking into consideration traffic requirements and moneys available therefor. 28. If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. 29. "Construction" includes: (a) Acquisition of rights-of-way and material sites and the payment of damage claims under Section 14 of Article I of the Constitution. (b) Construction. (c) Reconstruction. (d) Replacement. (e) Any improvement excepting maintenance as defined in Section 27. (f) Such improvements, without being limited thereto, may include, where capital outlay is required, provision for special safety conveniences and devices, roadside planting and weed control, and such illumination of streets, roads, highways, and bridges as in the judgment of the body authorized to expend such funds is required for the safety of persons using the same. 30. "State Highway Account" means the State Highway Account in the State Transportation Fund. 35. "Vista point" means any signed roadside area on the state highway system developed and maintained by the department for the purpose of providing the motorist with a place to stop to view the scenic panorama or points of visual interest. 36. For the purposes of this code, "recycled water" or "reclaimed water" has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code.