Chapter 4.05
TRAFFIC CONTROL
Sections:
4.05.020 City engineer – Powers and duties.
4.05.030 City engineer – Appeals from actions.
4.05.040 Authority of police and fire department officials.
4.05.050 Obedience to police and fire department officials.
4.05.060 Persons other than officials shall not direct traffic.
4.05.070 Public employees to obey traffic regulations.
4.05.080 Exemptions to certain vehicles.
4.05.090 Report of damage to certain property.
4.05.100 Authority to install traffic-control devices.
4.05.110 When traffic-control devices required for enforcement purposes.
4.05.120 Obedience to traffic-control devices.
4.05.130 Authority to place and obedience to turning markers and multiple lanes at intersections.
4.05.140 Authority to place and obedience to no-turn signs.
4.05.150 Authority to place and obedience to no right turns against traffic stop signals.
Prior history: 1966 Code §§ 3000 – 3000.13, 3010 – 3015, 3030 – 3032, 3040 – 3042 and 3125 and Ords. 134, 411, 506 and 550.
4.05.010 Definitions.
The following words and phrases when used in this title, shall have the meanings respectively ascribed to them in this title. Whenever any words or phrases used in this title are not defined herein, but are defined in the Vehicle Code of this state, such definitions are incorporated in this title and shall be deemed to apply to such words and phrases used in this title as though set forth herein in full.
A. “Holidays” are the first day of January, the third Monday of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the fourth Thursday of November, and the twenty-fifth day of December.
B. “Loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
C. “Official Time Standard.” Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this city.
D. “Official traffic-control devices” means all signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
E. “Official traffic signals” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
F. “Park or parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise, passengers or materials.
G. “Parkway” means that portion of a street other than a roadway or sidewalk.
H. “Passenger loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
I. “Pedestrian” means any person who is afoot or who is using a means of conveyance propelled by human power other than a bicycle, including any person who is operating a self-propelled wheelchair, invalid tricycle or motorized quadricycle because of a physical disability.
J. “Person” means every natural person, firm, copartnership, association or corporation.
K. “Police officer” means every sworn peace officer as defined in Penal Code Section 830 et seq.
L. “Stop” means complete cessation of movement.
M. “Stopping or standing” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except in compliance with the directions of a police officer or fire department officer.
N. “Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Street includes highway as defined in Section 360, California Vehicle Code.
O. “Traffic” means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.
P. “Vision safety parking zones” are areas along a roadway within one hundred feet of an intersection where vehicle parking is restricted to vehicles of a given maximum height and to vehicles with windows on all four sides which are transparent and unobstructed. (Ord. 604, § 2; 1976 Code § 4-1.01).
4.05.020 City engineer – Powers and duties.
The city engineer, who is also the director of public works, shall coordinate the activities and responsibilities of various departments as related to traffic control, physical design, street maintenance and other areas in order to establish acceptable traffic service. The city engineer is further authorized and directed to make recommendations to the city council concerning improving traffic conditions: to study traffic problems; to supervise the preparation and publication of traffic reports and engineering and traffic surveys; to place, maintain, and ensure the proper operation of traffic control devices; to maintain an inventory of all traffic control devices on public streets and other public places; to maintain an inventory of streets with angle parking, limited parking and prohibited parking; and to perform such other duties as may be specified in MMC Title 2. (Ord. 604, § 2, Amended by Ord. 613, § 4; 1976 Code § 4-1.02).
4.05.030 City engineer – Appeals from actions.
A. Any person desiring to appeal an action of the city engineer shall, within ten calendar days after such action is taken, file a notice of appeal with the city clerk. The notice shall set forth in detail the action and the grounds for the appeal. Subject to the requirements of the Brown Act (California Government Code Section 54950 et seq.) the city council shall set the hearing for the appeal at its next regular meeting succeeding the date on which the notice of appeal is filed.
B. Such hearing on the appeal may be continued for good cause as determined by the city council. Upon hearing the appeal the city council may overrule the decision or action of the city engineer and enter any order as in harmony with the spirit and purpose of this chapter. Such disposition of the appeal shall be final. (Ord. 604, § 2; 1976 Code § 4-1.03).
4.05.040 Authority of police and fire department officials.
A. It shall be the duty of the officers of the police department or such other police department employees or persons designated by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.
B. Officers of the police department or such other police department employees or persons as the chief of police designates are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department or such other police department employees or persons as the chief of police designates may direct traffic as conditions may require, notwithstanding provisions of the traffic laws.
C. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Ord. 604, § 2, Amended by Ord. 672, § 2 and Ord. 676, § 2; 1976 Code § 4-1.04).
4.05.050 Obedience to police and fire department officials.
No person shall wilfully fail or refuse to comply with any lawful order of a police officer, fire department official, or any other police department employee or person designated by the chief of police when directing traffic. (Ord. 604, § 2, Amended by Ord. 672, § 2 and Ord. 676, § 2; 1976 Code § 4-1.05).
4.05.060 Persons other than officials shall not direct traffic.
No person other than an officer of the police department, police department employee or person designated by the chief of police, or such other 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 pushbutton signal erected upon proper authority. (Ord. 604, § 2, Amended by Ord. 672, § 2 and Ord. 676, § 2; 1976 Code § 4-1.06).
4.05.070 Public employees to obey traffic regulations.
The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, any political subdivision of the state, and any municipal corporation or district. It is unlawful for any said driver to violate any of the provisions of this title except as otherwise permitted in these chapters or by state statute. (Ord. 604, § 2; 1976 Code § 4-1.07).
4.05.080 Exemptions to certain vehicles.
A. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any authorized emergency vehicle as defined in Section 165, California Vehicle Code, when such vehicle is operated in the manner specified in the 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 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 by the United States while in use for the collection, transportation or delivery of United States mail. (Ord. 604, § 2; 1976 Code § 4-1.08).
4.05.090 Report of damage to certain property.
A. The driver 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, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade 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 driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident.
C. A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time such driver is physically incapable of making a report, but in such event the driver shall make a report as required in subsection (A) of this section within twenty-four hours after regaining ability to make such report. (Ord. 604, § 2; 1976 Code § 4-1.09).
4.05.100 Authority to install traffic-control devices.
A. The city engineer shall have the power and duty to cause to be placed stop controls at intersections, to recommend speed limits to be adopted by ordinance of the city council, and to establish special parking requirements and limitations on city streets when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances. The consideration for placing stop signs or the recommendation for establishing speed limits shall be based on an engineering and traffic survey prepared by the city engineer in accordance with methods determined by the California Department of Transportation.
B. The city engineer shall have the power and duty to place and maintain traffic-control devices whenever:
1. The city council has established a speed limit on a city street;
2. Necessary to effectuate the requirements of the California Vehicle Code; and
3. (S)He deems such devices necessary to guide or warn traffic but only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in traffic ordinances of this city or as may be determined by ordinances or resolutions of the city council. (Ord. 604, § 2; 1976 Code § 4-1.10).
4.05.110 When traffic-control devices required for enforcement purposes.
No provisions of the Vehicle Code or of this title for which signs are required shall be enforced against an alleged violator unless appropriate signs giving notice of such provisions of the traffic code are in place and sufficiently legible to be seen by an ordinarily observant person. (Ord. 604, § 2; 1976 Code § 4-1.11).
4.05.120 Obedience to traffic-control devices.
The driver of any vehicle shall obey the instructions of any applicable official traffic-control device so placed in accordance with the traffic ordinances of this city unless otherwise directed by a police officer. (Ord. 604, § 2; 1976 Code § 4-1.12).
4.05.130 Authority to place and obedience to turning markers and multiple lanes at intersections.
A. The city engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and (s)he is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right-hand or left-hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
B. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. (Ord. 604, § 2; 1976 Code § 4-1.13).
4.05.140 Authority to place and obedience to no-turn signs.
The city engineer is authorized to determine those intersections at which drivers of vehicles shall not make right, left or U-turns, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or they may be removed when such turns are permitted. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Ord. 604, § 2; 1976 Code § 4-1.14).
4.05.150 Authority to place and obedience to no right turns against traffic stop signals.
The city engineer is authorized to determine those intersections within any business or residence district at which drivers shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign. (Ord. 604, § 2; 1976 Code § 4-1.15).