California § 22358.9

§ 22358.9.

(a) (1) Notwithstanding any other law, the Department of Transportation may or a local authority may, by ordinance, determine and declare a 25- or 20-mile-per-hour prima facie speed limit on a highway that is not a freeway and that is contiguous to a business activity district when posted with a sign that indicates a speed limit of 25 or 20 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A) A maximum of four traffic lanes. (B) A maximum posted 30-mile-per-hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 25-mile-per-hour speed limit. (C) A maximum posted 25-mile-per-hour prima facie speed limit immediately prior to and after the business activity district, if establishing a 20-mile-per-hour speed limit. (b) As used in this section, a “business activity district” is that portion of a highway and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale and meets at least three of the following requirements in paragraphs (1) to (4), inclusive: (1) No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway. (2) Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway. (3) Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet. (4) Marked crosswalks not controlled by a traffic control device. (c) The Department of Transportation or a local authority shall not declare a prima facie speed limit under this section on a portion of a highway where the Department of Transportation or the local authority has already lowered the speed limit as permitted under Section 22358.7, has retained the currently adopted speed limit under Section 22358.8, or has restored the immediately prior adopted speed limit under Section 22358.8. (d) A peace officer shall issue only warning citations for violations of exceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.