American Canyon Municipal Code Ch. 10.08 Administration and Enforcement

It shall be the duty of the police department to enforce the street

traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the traffic engineer 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 department of this code.

Ord. 92-19 § 40, 1992

Whenever the accidents at any particular location become numerous,

the police department shall cooperate with the traffic engineer in conducting studies of such accidents and determine remedial measures.

Ord. 92-19 § 42, 1992

The police department shall maintain a suitable system of filing traffic

accident reports. Such reports shall be available for the use and information of the traffic engineer.

Ord. 92-19 § 43, 1992

The police department shall

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

(A) The number of traffic accidents, the number of persons killed, the number of persons 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; and

(C) The plans and recommendations of the department for future traffic safety activities.

Ord. 92-19 § 44, 1992

It shall be the general duty of the traffic engineer, under this code, to

determine the installation and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions, and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to perform such others duties hereunder as may be required by the city manager.

Ord. 92-19 § 45, 1992

(A) It shall be the duty of the officers of the police department, or such officers as are assigned 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 officers as are assigned by the chief of police, 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 may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.

(C) Officers and members of the fire district, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

(D) Civilian employees of the city, when designated by the chief of police, shall enforce those provisions of the American Canyon traffic code and the State Vehicle Code relating to the standing or parking of vehicles that legally may be enforced by persons other than peace officers.

(E) Inspectors and officers of the fire prevention bureau of the fire district may enforce Vehicle Code Sections 21708 and 22514.

Ord. 92-19 § 50, 1992

It shall be the duty of any person

appointed by the chief of police for such purpose, to control traffic at school crossings or other places designated by him. It shall be unlawful for any person, at any school crossing, or at any designated place, to refuse or fail to comply with any order, signal or direction of any person appointed by the chief of police to control traffic at school crossings or such designated places, provided that such person giving any order, signal or direction at such school crossing, or such designated place, shall at the time be wearing some insignia indicating such appointment. It shall be unlawful for any minor to direct or attempt to direct traffic unless authorized to do so by order of the chief of police.

Ord. 92-19 § 51, 1992

No person shall wilfully fail or refuse to comply with

any lawful order of a police officer or member of the fire district when directing traffic.

Ord. 92-19 § 52, 1992

No person other than an officer of the

police department, or a person authorized by the chief of police or other person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal.

Ord. 92-19 § 53, 1992

The provisions of this code shall apply to the

driver of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it shall be unlawful for any said driver to violate any of the provisions of this code except as otherwise permitted in this code or by state statute.

Ord. 92-19 § 54, 1992

(A) The provisions of this code regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire departments, 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 Vehicle Code in response to an emergency.

(B) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his or her wilful disregard of the safety of others.

(C) The provisions of this code 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. 92-19 § 55, 1992

(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 devise 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 damage 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. 92-19 § 56, 1992

Any vehicle parked or stopped in

violation of Sections 10.20.110, 10.32.090, 10.32.280, and 10.32.290 of this code shall be deemed to be left standing upon a street or highway in an unusual position and obstructing the normal movement of traffic thereon and may be removed as provided in Section 22651 of the California Vehicle Code.

Ord. 92-19 § 57, 1992

(A) No person shall, at the location of any vehicular accident, collision, or other catastrophe or calamity, solicit or offer the sale of any tow service, or the sale of any other services.

(B) The prohibition contained in this section shall apply from the time of the happening of any of the aforesaid occurrences until a reasonable time thereafter, and at all times while law enforcement officers, public health personnel, and other persons discharging duties imposed by law, are actively engaged in the performance of duty at the location of the occurrences.

Ord. 92-19 § 201, 1992

No person, not being authorized by the sender, who

intercepts, overhears, or receives any message or communications transmitted by any transmitting station operating upon a wave length or radio frequency assigned by the Federal Communications Commission for use by any police or other person, communicate such message or communication to any other person, or directly or indirectly use the information so obtained for personal gain.

Ord. 92-19 § 202, 1992

The duties and powers granted within this

chapter shall apply to all streets, highways, avenues, boulevards, alleys, courts, places, squares and curbs, regardless of whether dedicated or open to public use.

Ord. 2002-05 § 1, 2002

(A) A fee to reimburse the city of American Canyon for costs incurred in the administration of the procedures for removing vehicles shall be charged by the police department to the owner of a vehicle removed pursuant to Section 22651(h), 22651(p), 22655.5 or 22850.5 of the California Vehicle Code. Such charges collected for the removal or storage of vehicles shall not be subject to the reimbursement provisions of Section 10.08.190 of this chapter.

(B) California Vehicle Code Section 14602.6 (a)(1) authorizes impoundment for up to thirty days.

(C) The chief of police shall propose the fees authorized by subsection A. The fee shall not go into effect until approved, by resolution, by the city council. The fees shall not exceed an amount that covers the actual costs incurred by the city in the removal, impoundment, storage, release and administrative confirmation of such actions for the involved vehicle.

(D) The chief of police, with the approval of the city council, is authorized to adopt such rules, regulations and procedures as they determine are necessary for the department to impose, collect and administer the fee imposed by this section.

Ord. 2007-02 § 1, 2007

(A) Establishment of Fund. There is established a special fund for the purpose of receiving and expending fees collected for the impoundment of a vehicle pursuant to Section 10.08.170. The special fund shall be known and designated as the traffic offender fund.

(B) Expenditure of Moneys. The appropriation of all moneys in the traffic offender fund ("fund") shall be made exclusively for the purposes of the traffic offender program. The traffic offender program shall include the enforcement of, education for, and prosecution of a suspended or revoked driving privilege, unlicensed driver, and persons driving under the influence of alcohol or drugs. Expenditures shall include, but not be limited to, purchase of equipment, contractual services, material and supplies, and any other technology necessary to prosecute the case, and personnel costs, including salary and benefits for additional law enforcement patrol staffing within the city limits, specifically provided by the program. The administration of the fund shall conform to the provisions of the charter, annual appropriation ordinance, and the procurement procedures as prescribed by the controller and the purchaser.

(C) Accumulation of Moneys in Fund. The balance remaining in the traffic offender fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose and shall be carried forward and accumulated in the fund for the purposes recited herein.

Ord. 2007-02 § 1, 2007

(A) Except as provided in this code, fees, charges or costs imposed for the towing or storage of vehicles may be reimbursed to the owner or person in lawful possession of the vehicle if the fees, charges or costs were incurred:

(1) Because the subject vehicle was towed and stored at the order of the American Canyon police department to examine the vehicle for evidence of a crime;

(2) Because the subject vehicle was towed and stored by the order of the police department and the towing or storage was not authorized by any of the provisions of the Vehicle Code of the state of California;

(3) Because officers, agent or employees of the police department were negligent in reporting, filing, or recording the circumstances of the towing and storage of the vehicle;

(4) Because officers, agents or employees of the police department were negligent in reporting a vehicle as subject to towing or storage or ordering a vehicle towed or stored when, in fact, such a vehicle was not subject to towing and storage; or

(5) Because a vehicle was towed or stored by order of the American Canyon police department for removal of components of the vehicle, which components were placed on the vehicle in violation of Section 10751 of the Vehicle Code.

(B) No person shall be reimbursed for tow and storage charges collected pursuant to any other section of the American Canyon vehicles and traffic code.

(C) Pursuant to the provisions of the American Canyon vehicles and traffic code, indigent owners of vehicles and victims of auto theft shall be exempt from paying fees, charges, or costs imposed for the towing and storage of the vehicle, except no person shall be exempt from tow and storage charges pursuant to Sections 10.08.170 and 10.08.180 of this chapter.

Ord. 2007-02 § 2, 2007