Chapter 10.08
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS*
Sections:
10.08.010 Authority of police and fire department officials.
10.08.020 Direction of traffic by unauthorized persons prohibited.
10.08.030 Obedience to authorized officials.
10.08.050 Applicability to persons riding bicycles or animals.
10.08.060 Interference with authorized officials.
10.08.070 Public employees to obey traffic regulations.
10.08.080 Exemption of certain vehicles.
10.08.090 Report of damage to public property.
10.08.100 Removal of vehicles from street by police.
* For the statutory provisions authorizing municipalities to regulate traffic by using police officers, see Vehicle Code §21100.
10.08.010 Authority of police and fire department officials.
Officers of the police department and such officers as are assigned by the chief of police are 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 department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code. (Ord. 6-61 §3, 1961).
10.08.020 Direction of traffic by unauthorized persons prohibited.
No person other than an officer of the police department or members of the fire department or 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 that persons may operate, when and as herein provided, any mechanical push button signal erected by order of the city traffic engineer. (Ord. 6-61 §3.1, 1961).
10.08.030 Obedience to authorized officials.
No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order, signal or direction of a traffic or police officer, or a member of the fire department, or a person authorized by the chief of police or by law. (Ord. 6-61 §3.2, 1961).
10.08.040 Obedience to title.
It is a misdemeanor for any person driving any vehicle or other conveyance upon any street, or any pedestrian, to do any act forbidden, or fail to perform any act required as applicable to any such person under this title. (Ord. 6-61 §3.3, 1961).
10.08.050 Applicability to persons riding bicycles or animals.
Every person riding a bicycle or riding or driving an animal upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application. (Ord. 6-61 §3.4, 1961).
10.08.060 Interference with authorized officials.
No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in his enforcement of the provisions of this title. 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 title shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction. (Ord. 6-61 §3.5, 1961).
10.08.070 Public employees to obey traffic regulations.
The provisions of this title apply to the operator of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it is unlawful for any said operator to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code. (Ord. 6-61 §3.6, 1961).
10.08.080 Exemption of certain vehicles.
A. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the police or fire department, 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 wilful disregard of the safety of others.
C. The provisions of this title 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. (Ord. 6-61 §3.7, 1961).
10.08.090 Report of damage to public 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 twenty-four 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, 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 twenty-four hours after regaining ability to make such report. (Ord. 6-61 §3.8, 1961).
10.08.100 Removal of vehicles from street by police.
Any regularly employed and salaried officer of the police department of this city may remove or cause to be removed:
A. Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. In the enforcement of this section, the police officer shall issue a “warning” notice after a vehicle has been parked and left standing for a period of forty-eight consecutive hours. Such notice shall be affixed in a conspicuous place upon the vehicle and shall include the time and date the vehicle is to be removed and the registered owner’s liability therefor;
B. Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m., when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal;
C. 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 twenty-four hours prior to the removal.
D. In the event any officer of the police department of this city removes or causes to be removed for storage in the nearest garage or other storage place of safety any vehicle parked or left standing in violation of this section, such officer shall give the notices provided for in Section 22852 et seq. of the California Vehicle Code. The keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and storage and safekeeping of such vehicle and may satisfy such lien upon compliance with and under the conditions stated in Section 22851 of the California Vehicle Code. (Ord. 11-83 §2, 1983).