Chapter 10.10
ADMINISTRATION AND ENFORCEMENT
Sections:
10.10.010 Traffic duties of Police Department.
10.10.020 Traffic accident studies.
10.10.030 Traffic accident reports.
10.10.040 Annual traffic safety report.
10.10.050 General powers and duties of Traffic Engineer.
10.10.060 Specific duties of Traffic Engineer.
10.10.070 Emergency and experimental regulations.
10.10.080 Authority of Police and Fire Department officials to direct traffic.
10.10.090 Persons other than authorized officials not to direct traffic.
10.10.100 Applicability of traffic regulations to persons riding bicycles or animals.
10.10.110 Obstruction of or interference with enforcement officers.
10.10.120 Applicability of traffic regulations to government vehicles.
10.10.130 Exemption of certain vehicles.
10.10.140 Report of damage to public property or utility property.
10.10.150 Removal of vehicles from streets--Vehicles subject to removal.
10.10.160 Same--Procedure for recovery of removed vehicles.
Cross references: Administration, Ch. 2.
10.10.010 Traffic duties of Police Department.
It shall be the duty of the Police Department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents, and to cooperate with the Director of Public Works and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said department by this chapter and the traffic ordinances of this city.
(Code 1965, § 3203; Code 2002, § 106-31. Ord. No. 743)
10.10.020 Traffic accident studies.
Whenever the accidents at any particular location become numerous, the Police Department shall cooperate with the Director of Public Works in conducting studies of such accidents and determining remedial measures.
(Code 1965, § 3204; Code 2002, § 106-32. Ord. No. 743)
10.10.030 Traffic accident reports.
The Police Department shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the Director of Public Works.
(Code 1965, § 3205; Code 2002, § 106-33. Ord. No. 743)
10.10.040 Annual traffic safety report.
The Police Department shall annually prepare a traffic report which shall be filed with the City Manager. Such a report shall contain information on traffic matters in this city as follows:
(1) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;
(2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police;
(3) The plans and recommendations of the Department for future traffic safety activities.
(Code 1965, § 3206; Code 2002, § 106-34. Ord. No. 743)
10.10.050 General powers and duties of Traffic Engineer.
The Traffic Engineer shall exercise the powers and duties as provided in this article and as authorized and directed by the Director of Public Works. Whenever the Director of Public Works is required or authorized to place or maintain official traffic control devices or signals, he may authorize or direct the Traffic Engineer to cause such devices to be placed or maintained.
(Code 1965, § 3207; Code 2002, § 106-35. Ord. No. 743)
10.10.060 Specific duties of Traffic Engineer.
It shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents, to devise remedial measures to conduct engineering and traffic investigations of traffic conditions, to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of this city. Whenever, by the provisions of this article, a power is granted to the Director of Public Works or a duty imposed upon him, the power may be exercised or the duty performed if so authorized or delegated by the Traffic Engineer.
(Code 1965, § 3208; Code 2002, § 106-36. Ord. No. 743)
10.10.070 Emergency and experimental regulations.
The Director of Public Works is empowered to make temporary or experimental regulations to cover emergency or special conditions and may test traffic control devices under actual conditions of traffic.
(Code 1965, § 3209; Code 2002, § 106-37. Ord. No. 743)
10.10.080 Authority of Police and Fire Department officials to direct traffic.
Officers of the Police Department and such others as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, audible, or other signal in conformance with traffic laws, except that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department or members of the Fire District may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this chapter or the Vehicle Code.
(Code 1965, § 3210; Code 2002, § 106-38. Ord. No. 117; Ord. No. 743; Ord. No. 818)
10.10.090 Persons other than authorized officials not to direct traffic.
No person other than an officer of the Police Department, members of the Fire District, a person authorized by the Chief of Police, or a person authorized by law shall direct or attempt to direct traffic by voice, hand, or other signal, except in an emergency and except that persons may operate any mechanical pushbutton signal erected by order of the Director of Public Works.
(Code 1965, § 3211; Code 2002, § 106-39. Ord. No. 743; Ord. No. 818)
10.10.100 Applicability of traffic regulations to persons riding bicycles or animals.
Every person riding a bicycle or riding or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions which by their very nature can have no application.
(Code 1965, § 3212; Code 2002, § 106-40. Ord. No. 743)
10.10.110 Obstruction of or interference with enforcement officers.
No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this chapter. The removal, obliteration, or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction.
(Code 1965, § 3213; Code 2002, § 106-41. Ord. No. 743)
10.10.120 Applicability of traffic regulations to government vehicles.
The provisions of this chapter shall apply to the operator of any vehicle owned by or used in the service of the United States government, this state, or any county or city, and it shall be unlawful for any said operator to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by the Vehicle Code.
(Code 1965, § 3214; Code 2002, § 106-42. Ord. No. 117; Ord. No. 743)
10.10.130 Exemption of certain vehicles.
(a) The provisions of this article regulating the operation, parking, and standing of vehicles shall not apply to vehicles operated by the Police or Fire Districts, or any public ambulance, or any public utility vehicle, or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call.
(b) The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his willful disregard of the safety of others.
(c) The provisions of this article regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work, or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation, or delivery of United States mail.
(Code 1965, § 3215; Code 2002, § 106-43. Ord. No. 117; Ord. No. 743; Ord. No. 818)
10.10.140 Report of damage to public property or utility property.
(a) The operator of a vehicle or the person in charge of any animal involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, parking meter, lighting post, telephone pole, electric light, or power pole, or resulting in damage to any tree, traffic control device, or other property of a like nature located in or along any street, shall, within 24 hours after such accident, make a written report of such accident to the Police Department of this city.
(b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle or animal, and the license number of every such vehicle, and shall briefly describe the property damage in such accident.
(c) The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report; but in such event, he shall make a report, as required in subsection (a), within 24 hours after regaining ability to make such report.
(Code 1965, § 3216; Code 2002, § 106-44. Ord. No. 117; Ord. No. 743)
Cross references: Utilities, Title 13.
10.10.150 Removal of vehicles from streets--Vehicles subject to removal.
Any regularly employed and salaried officer of the Police Department of this city may remove or cause to be removed:
(1) Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours;
(2) Any vehicle which is parked or left standing upon a street or highway when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal;
(3) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair, or construction of the street or highway, or for the installation of underground utilities; or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic; or where the use of the street or highway, or any portion thereof, is necessary for the movement of equipment, articles, or structures of unusual size and the parking of such vehicle would prohibit or interfere with such use or movement, provided that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the removal.
(Code 1965, § 3217; Code 2002, § 106-45. Ord. No. 743)
Cross references: Streets, sidewalks, and other public places, Title 12.
10.10.160 Same--Procedure for recovery of removed vehicles.
(a) When a vehicle is towed pursuant to section 10.10.150 of this Code, the owner or other person lawfully entitled to possession thereof shall be notified of two options available: (1) to pay the fee, recover said vehicle, and assert any grievance through the claims procedure (Government Code § 910 et seq.); or (2) to demand a hearing in the Municipal Court on the traffic citation, which hearing must be held within three court days from the day on which the owner or other person lawfully entitled to possession of the vehicle notifies the Concord office of the Clerk of the Mt. Diablo Municipal Court of his intent to challenge the citation. Any demand for a hearing must be made within 15 days of the date of the tow unless the court, for good cause shown, allows a later demand.
(b) In the event that the court in the traffic citation hearing dismisses the citation after finding the owner not guilty, and said owner’s vehicle is in storage on the date of said hearing, upon receipt of an order of dismissal from the judge who heard the matter, the garageman holding the removed vehicle shall immediately release it to the owner or other person lawfully entitled to possession.
(c) In those cases where a vehicle is released pursuant to receipt of the order of dismissal mentioned above, the city shall bear the expense for towing and storage not to exceed six days’ storage.
(d) The following notice, printed in 18-point type, shall be posted in all places to which members of the public come to recover towed vehicles:
Attention: Owners or other persons lawfully entitled to possession of towed vehicles have the following options: (1) you may pay the towing and storage charges, redeem your vehicle, and assert whatever claim you feel you have against the City of Concord by filing a claim at the Concord City Clerk’s Office, 1950 Parkside Drive, Concord, California; or (2) you may demand a hearing before the Municipal Court on the citation giving rise to the towing of your vehicle, which hearing shall be held within three court days. Any demand for a hearing must be made within 15 days of the date of the tow unless the Court, for good cause shown, allows a later demand. In the event a hearing is held and the Municipal Court finds you not guilty and dismisses the citation, you may recover your vehicle and the City of Concord will pay the tow fee and up to six days’ storage fee. You should appear to request a hearing at the Office of the Clerk of the Municipal Court (normal workdays between 8:00 a.m. and 4:00 p.m.), 1950 Parkside Drive, Concord, California.
(e) The aforementioned notice shall be placed on 8 1/2-inch by 5 1/2-inch paper, printed in no smaller than ten-point type, to be handed out to all persons who come to recover towed vehicles.
(f) The owner of the towed vehicle shall not be required to post bail prior to a hearing as herein provided.
(Code 1965, § 3218; Code 2002, § 106-46. Ord. No. 1152; Ord. No. 1229)