Chapter 10.04
INTERPRETATION
Sections:
10.04.020 Conviction of violation.
10.04.050 Powers of the City Council.
10.04.060 Effect of resolution.
10.04.100 Civil penalties, fines, fees, and charges for parking and related violations.
10.04.110 Civil penalty provisions.
10.04.010 Short title.
This title shall be known as, and may be cited as, “the traffic ordinance.” [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.020 Conviction of violation.
Any conviction for a misdemeanor under any ordinance repealed by the ordinance codified herein, which misdemeanor is continued as a public offense by this title, constitutes a conviction under this title for any purpose for which it constituted a conviction under the act repealed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.030 Scope.
Except as explicitly otherwise stated, this title does not apply to traffic or to vehicles on private streets.
Any provision of this title which regulates traffic or delegates the regulation of traffic upon State highways in any way for which the approval of the State Department of Public Works is required by State law shall cease to be operative six (6) months after receipt by the City Council of written notice of withdrawal of approval of the State Department of Public Works.
Whenever this title delegates authority to a City officer or authorized action by the City Council to regulate traffic upon a State highway in any way which by State law requires the prior approval of the State Department of Public Works, no such officer shall exercise such authority nor shall such action by the City Council be effective with respect to any State highway without the prior approval in writing of the State Department of Public Works when and to the extent required by the Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.040 Deputies.
Whenever, by the provisions of this title, a power is granted to a public officer or a duty imposed upon such officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.050 Powers of the City Council.
The City Council may exercise by resolution any rights, powers or authority granted to it by the provisions of the Vehicle Code where such provisions authorize the Council to act by resolution. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.060 Effect of resolution.
Any and all resolutions passed and adopted by the Council or any administrative order given pursuant to the provisions of this title or pursuant to the provisions of the Vehicle Code affecting any matter covered in this title shall be deemed to be a part of this title and any violations of the provisions of such resolution or order shall be deemed to be a violation of this title to the same extent as if such resolution or order were fully set out herein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.080 Penalty.
Except as provided in EGMC Sections 10.04.100 and 10.04.110, any person violating or failing to comply with any of the provisions of this title shall be deemed guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.090 Minimum penalty.
Except as provided in EGMC Sections 10.04.100 and 10.04.110, in any case where a jail sentence is not imposed or where the jail sentence is less than two (2) days, or if the jail sentence is suspended in whole or in part, a fine shall be imposed for a violation of this title in not less than the following amounts:
A. In any case, One and no/100ths ($1.00) Dollars;
B. When it is necessary to issue a notice to the violator, Two and no/100ths ($2.00) Dollars;
C. If it is necessary to issue a warrant to bring the violator into court, Ten and no/100ths ($10.00) Dollars. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.100 Civil penalties, fines, fees, and charges for parking and related violations.
A. Purpose. It is the intention of the City Council to provide a procedure pursuant to the authority granted the City Council in Sections 40200 and 40203.5 of the California Vehicle Code for the establishment of a schedule of parking penalties for parking and related violations, late payment penalties, administrative fees, and other related charges for parking and related violations under the State of California Vehicle Code, the Elk Grove Municipal Code, or under any Federal statute or regulation.
B. Procedure for Establishment. Subject to any limitations imposed by State law, the City Council shall by resolution establish penalties, fines, fees, and related charges for parking and related violations, late payment violations, administrative fees and any other charges related to the administration of the provisions of Section 40200, et seq., of the California Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.04.110 Civil penalty provisions.
Any person violating or failing to comply with the provisions of EGMC Sections 10.16.050(B); 10.24.010; 10.24.030; 10.24.040(C); 10.24.050; 10.24.060; 10.24.070(A), (B), (C), (D), (G) and (H); 10.24.080; 10.24.090(D); 10.24.100(B); 10.24.110; 10.24.120; 10.24.130; 10.24.140; 10.24.160; 10.24.170(B); 10.24.175; 10.24.180; 10.26.090; 10.28.030(B); 10.28.100; 10.28.110; 10.32.050; 10.32.060 and 10.36.020 shall be subject to civil penalties, fees, or charges, and procedures as set forth in the resolution adopted by the City Council pursuant to EGMC Section 10.04.100. [Ord. 27-2014 §3, eff. 11-7-2014; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]