Chapter 10.24 ADMINISTRATION AND ENFORCEMENT

There is established in the police department of the city a traffic division to be under the control of an officer of the police appointed by and directly responsible to the chief of police. (Prior code § 4-1.201)

10.24.020 Duty of traffic division.

A. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the superintendent 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 the division by this title.

B. Whenever this title delegates authority to a city officer, or authorizes 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 Department of Transportation, 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 the writing of the Department of Transportation when and to the extent required by Division 9 and Division 11 of the Vehicle Code.

C. Any provision of this code which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the Department of Transportation is required by state law, shall cease to be operative six months after receipt by the city council of written notice of withdrawal of approval of the Department of Transportation. (Prior code § 4-1.202)

10.24.030 Traffic accident studies.

Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the superintendent in conducting studies of accidents and determining remedial measures. (Prior code § 4-1.203)

10.24.040 Traffic accident reports.

The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed by month-year and accident report number. Such reports shall be available for the use and information of the superintendent.

10.24.050 Traffic division to submit annual traffic safety report.

The traffic division shall annually prepare a traffic report which shall be filed with the city council. Such a report shall contain information on traffic matters in this city as follows:

A. The number of traffic accidents, the number of persons killed, injured, and other pertinent traffic accident data;

B. The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

C. The plans and recommendations of the division for future traffic safety activities. (Prior code § 4-1.205)

10.24.060 Authority of superintendent of public works.

It shall be the general duty of the superintendent of public works to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering and traffic investigations of traffic conditions, to place or maintain official traffic control devices or signals, and 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. (Prior code § 4-1.206)

Article 2. Enforcement of Traffic Regulations.

10.24.070 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 Winters fire district may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code. (Prior code § 4-1.301)

10.24.080 Persons other than officials shall not direct traffic.

No person other than an officer of the police department or members of the fire district or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate and mechanical pushbutton signal erected by order of the superintendent of public works. (Prior code § 4-1.302)

10.24.090 Obedience to police or authorized officers.

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 district or a person authorized by the chief of police or by law. (Prior code § 4-1.303)

10.24.100 Traffic regulations apply to persons riding bicycles or animals.

Every person riding a bicycle or riding or driving an animal upon the highway has 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. (Prior code § 4-1.304)

10.24.110 Obstruction or interference with police or authorized 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 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 chapter shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction. (Prior code § 4-1.305)

10.24.120 Public employees to obey traffic regulations.

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, any county or city, and it is unlawful for any such operator to violate this title or the Vehicle Code. (Prior code § 4-1.306)

10.24.130 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 department, fire district, any public utility vehicle or any private ambulance, which public utility 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.

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 (Prior code § 4-1.307)

10.24.140 Report of damaged 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 (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, 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 or she is physically incapable of making a report, but in such event he or she shall make a report as required in subsection A within twenty-four (24) hours after regaining ability to make such report. (Prior code § 4-1.308)

10.24.150 When vehicles may be removed from streets.

Any regularly employed and salaried officer of the police department of this city may remove or cause to be moved:

A. Any vehicle that has been parked or left standing upon a street or highway for one hundred twenty (120) or more consecutive hours;

B. 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 (24) hours prior to the removal. (Prior code § 4-1.309)

10.24.160 Violations unlawful.

It is unlawful to violate any provision of this title. (Ord. 2018-07 § 1: prior code § 4-1.310)

10.24.170 Violations—Penalties, generally.

Except as otherwise provided in Division 17 of the California Vehicle Code entitled “Offenses and Prosecution” (Cal. Vehicle Code Section 40000.1 et seq.), as may be amended from time to time, violations of this title shall constitute an infraction punishable by a fine of up to five hundred dollars ($500.00) for each offense. The Winters city council shall by resolution set the respective fines for violations of specific sections of this title. (Ord. 2018-07 § 2: Ord. 91-08 § 3)

Article 3. Parking Violations

10.24.180 Parking violations—Enforcement.

Each police officer or parking enforcement officer in the city shall issue, in writing, a citation for parking violations in the form and subject to the procedure provided for by law and this title. A comprehensive schedule of civil fines and penalties for parking violations and late payment penalties shall be set by resolution of the city council. (Ord. 2018-07 § 3)

10.24.190 Hearing officer.

Hearing officers shall be appointed by the chief of police. Hearing officers may be city employees, but non-city employees appointed as hearing officers will serve in a voluntary capacity without compensation. (Ord. 2018-07 § 4; Ord. 95-01 (part): prior code § 2-7.03)

10.24.200 Administrative adjudication manual.

Repealed by Ord. 2018-07. (Ord. 95-01 (part): prior code § 2-7.03)

10.24.210 Bail schedule.

Repealed by Ord. 2018-07. (Ord. 95-01 (part): prior code § 2-7.04)