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.