11100-11103

STREETS AND HIGHWAYS CODE
SECTION 11100-11103




11100.  The Legislature hereby finds and declares that in certain
areas in cities and particularly in retail shopping areas thereof,
there is need to separate pedestrian travel from vehicular travel and
that such separation is necessary to protect the public safety or
otherwise to serve the public interest and convenience. The
Legislature further finds and declares that such objective can, in
part, be accomplished by the establishment of pedestrian malls
pursuant to this part.



11101.  The legislative body of a city shall have the power:
   (a) To establish pedestrian malls.
   (b) To prohibit, in whole or in part, vehicular traffic on a
pedestrian mall.
   (c) To pay, from general funds of the city or other available
moneys or from the proceeds of assessments levied on lands benefited
by the establishment of a pedestrian mall, the damages, if any,
allowed or awarded to any property owner by reason of the
establishment of a pedestrian mall. No money available for
expenditure within the city from the proceeds of any tax, license or
fee imposed by any public agency upon the ownership or operation of
vehicles or the fuel used therein shall be used to pay such damages,
except as may be permitted by Section 11005 of the Revenue and
Taxation Code.
   (d) To construct on city streets which have been or will be
established as a pedestrian mall improvements of any kind or nature
necessary or convenient to the operation of such city streets as a
pedestrian mall, including but not limited to, paving, sidewalks,
curbs, gutters, sewers, drainage works, street lighting facilities,
fire protection facilities, flood protection facilities, water
distribution facilities, vehicular parking areas, retaining walls,
landscaping, tree planting, statuary, fountains, decorative
structures, benches, restrooms, child care facilities, display
facilities, information booths, public assembly facilities, any
improvements necessary or convenient for a covered air-conditioned
mall, and other structures, works or improvements necessary or
convenient to serve members of the public using such pedestrian mall,
including the reconstruction or relocation of existing city-owned
works, improvements or facilities on such city streets. The
foregoing, or any portions thereof, are sometimes in this part
referred to as "improvements."
   (e) To pay, from general funds of the city or other available
moneys or from the proceeds of assessments levied on property
benefited by any such improvements, the whole or any portion of the
cost of such improvements. No money available for expenditure within
the city from the proceeds of any tax, license or fee imposed by any
public agency upon the ownership or operation of vehicles or the fuel
used therein shall be used to pay such cost or expense, except as
may be permitted by Section 11005 of the Revenue and Taxation Code.
   (f) To do any and all other acts or things necessary or convenient
for the accomplishment of the purposes of this part.



11101.5.  The legislative body shall also have the power to acquire,
by gift, purchase, eminent domain or otherwise, land, real property,
or rights-of-way which will become part of a city street established
as a pedestrian mall or which will otherwise be used by the city as
part of, or for purposes connected with, a pedestrian mall, and such
land, real property, or rights-of-way may be improved in the same
manner as city streets may be improved under subdivision (d) of
Section 11101. The legislative body shall also have the power to make
such improvements on city streets adjacent to the pedestrian mall
where such improvements are necessary or convenient to the operation
of the mall. The acquisitions and improvements authorized by this
section shall be deemed "improvements" as such term or a related term
is used in this part and particularly in Sections 11101 and 11203
and in Chapter 8 (commencing with Section 11700) of this part.



11102.  The powers herein granted to prohibit, in whole or in part,
vehicular traffic on any city street shall be in addition to and not
limited by the powers granted by Section 21101 of the Vehicle Code or
by any other law.


11103.  This part and all of its provisions shall be liberally
construed to the end that its purpose may be effective. Any
proceedings taken pursuant to this part shall not be held invalid for
failure to comply with the provisions of this part, if the acts done
and proceedings taken are not invalid under the State or Federal
Constitutions.
   This part does not affect any other law relating to the same or
similar subject, but provides an alternative procedure for the
subject to which it relates. When proceedings are taken under this
part, its provisions only shall apply. The Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not
apply to any proceedings taken under this part nor to any proceedings
taken under any other law for the improvement of a pedestrian mall.