Chapter 10.08
ENFORCEMENT1
Sections:
10.08.010 Police officers – Duties.
10.08.020 Unauthorized direction of traffic.
10.08.030 Public employees – Driving.
10.08.060 Penalty for violations.
10.08.010 Police officers – Duties.
A. It shall be the duty of the police officers to enforce the provisions of this title.
B. Police officers are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of fire or other emergency, police officers may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (Ord. 1243 § 2, 2024; Ord. 1005 § 2, 2003. Code 1964 § 12.08.010.)
10.08.020 Unauthorized direction of traffic.
No person other than a police officer or a person deputized or authorized by the chief of police or other person acting in an official capacity, or by authority of law, shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as provided in this title, any mechanical push button signal erected by order of the City Council. (Ord. 1243 § 2, 2024; Ord. 1005 § 2, 2003. Code 1964 § 12.08.020.)
10.08.030 Public employees – Driving.
The provisions of this title shall apply to the driver of any vehicle owned or used in the service of the United States Government, this state, any county, city, or any other public agency. It is unlawful for any driver to violate any of the provisions of this title, except as otherwise permitted in this title. (Ord. 1243 § 2, 2024; Ord. 1005 § 2, 2003. Code 1964 § 12.08.030.)
10.08.040 Exemptions.
A. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of 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 in the California Vehicle Code in response to an emergency call.
B. The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of her/his willful 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 by the United States while in use for the collection, transportation or delivery of United States mail. (CVC §§ 21052, 21053, 21055, 21056) (Ord. 1243 § 2, 2024; Ord. 1005 § 2, 2003. Code 1964 § 12.08.040.)
10.08.050 Appeals.
Except for sections that require action by the City Council or are controlled by the California Vehicle Code, or other state or federal law, any person aggrieved by a determination made pursuant to any provision of this title may appeal such a decision to the chief of police. Such appeal shall be taken by filing a written notice of appeal together with a $100.00 appeal fee to the Healdsburg police department within seven calendar days of the date of the decision and shall set forth grounds for the appeal. The decision of the chief of police shall be final and conclusive. For purposes of this section, the term “chief of police” shall include his or her designee. The appeal fee may be refunded if good cause is shown. (Ord. 1243 § 2, 2024; Ord. 1005 § 3, 2003.)
10.08.060 Penalty for violations.
In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to Chapter 1.12 HMC as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the city attorney in the name of the City or in the name of the people of the state of California, or in any other manner provided by law. (Ord. 1243 § 2, 2024; Ord. 1056 § 3, 2007. Code 1964 § 12.81.010.)
For statutory provisions on local authority to regulate traffic using traffic officers, see California Vehicle Code § 21100; for provisions on the effect of traffic laws, see § 21050 et seq.