Letter Opinion 1969

Cover Letter Opinion 1969
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Section 467 of the Vehicle Code provides, in part: "A pedestrian is a person who is afoot ..." Accord- ingly, a person who is afoot whether upon the roadway or sidewalk, whether in motion or not, and whether engaged in soliciting a ride or some other activity, is a pedestrian.
Lettar Opinion No. 69-19 Hon. John A. Ertola - 2 - February 19, 1969 In the leading case of Pipoly v. Benson (1942) 20 C.2d 366, the California Supreme Court, on page 369 of the decision, states: "Where 'municipal affairs
... ' are concerned the Constitution gives authority to local governments to make and enforce laws and regulations subject only to the provisions of their charters. (Const., art. XI, §6.) As to such matters local regulations are superior to the provisions of a state statute if there is conflict between the two. (Cases cited) The regulation of traffic upon the streets of a city, however, is not one of those municipal affairs over which the local authorities are given a power superior to that of the Legislature.

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