Berkeley Municipal Code Ch. 14.08 Enforcement and Obedience to Traffic Regulations

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 division or the Vehicle Code. (Ord. 3262-NS § 2, 1952)

It is unlawful for any 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 to 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. 3262-NS § 2.1, 1952)

It is unlawful for any person to refuse or fail 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. 3262-NS § 2.2, 1952)

It is unlawful for any person to interfere with or obstruct in any way any police officer or other officer or employee of the City in their enforcement of the provisions of this division. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of the City in connection with the enforcement of the parking regulations of this division shall constitute such interference or obstruction. (Ord. 3620-NS § 1, 1958)

The provisions of this division 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 said operator to violate any of the provisions of this division except as otherwise permitted in this division or by the Vehicle Code. (Ord. 3262-NS § 2.3, 1952)

A. The provisions of this division regulating the operation, parking and standing of vehicles shall not apply to authorized emergency 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, protect the operator of any such vehicle from the consequences of their willful disregard of the safety of others.

C. The provisions of this division regulating the parking or standing of vehicles shall not apply to any vehicle of the 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.

D. The provisions of this division regulating the parking or standing of vehicles shall not apply to any vehicle of the City that carries an (E) license plate and a decal or other insignia identifying it as a City vehicle. The exemption provided by this section shall not apply to City vehicles parked in locations and during the time periods specified in the administrative regulation on employee parking policies issued by the City Manager.

E. The provisions of this division regulating the parking or standing of vehicles shall not apply to any City CarShare vehicle that carries a decal or other insignia identifying it as a vehicle dedicated solely for city business during Monday through Friday from 8:00 AM to 6:00 PM. The exemption provided by this section shall not apply to City CarShare vehicles dedicated solely for city business during these hours parked in locations and during the time periods specified in the administrative regulation on employee parking policies issued by the City Manager.

F. The provisions of this division regulating the parking or standing of vehicles shall not apply to any vehicle displaying a "FIELD" parking permit. The exemption provided by this section shall not apply during time periods and locations specified in the administrative regulation on employee parking policies issued by the City Manager. (Ord. 6937-NS § 1, 2006)

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 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 they are physically incapable of making a report, but in such event they shall make a report as required in subsection A of this section within 24 hours after regaining ability to make such report. (Ord. 3262-NS § 2.5, 1952)

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this division shall be construed to prevent any police officer from prohibiting any person from parking any vehicle upon or using any street or sidewalk, or from prohibiting any pedestrian from using any street or sidewalk, and said police officer shall have authority to direct the parking of vehicles in any reasonable manner, way or direction, and it is declared to be unlawful for any person to fail to promptly obey the said police officer’s order, signal or command, regardless of any other provision of this division. (Ord. 3262-NS § 2.6, 1952)

Any regularly employed and salaried employee of the City of Berkeley Police Department designated by the Chief of Police may remove or cause to be removed:

A. Any vehicle that has been parked or left standing upon a street or highway for 72 or more consecutive hours;

B. Any vehicle that is parked or left standing upon a street or highway when such parking or standing is prohibited by ordinance or resolution of the 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 facilities 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 24 hours prior to the removal limit for the above purposes other than construction, and at least 72 hours for construction. (Ord. 6778-NS § 1, 2003; Ord. 4854-NS § 1 (part), 1976; Ord. 4006-NS § 1 (part), 1964; Ord. 3786-NS § 1 (part), 1961; Ord. 3634-NS § 1 (part), 1958)

Those employees of the City who are classified as parking supervisor, assistant parking supervisor, or parking enforcement representative, or who may hereafter be classified by some other appropriate designation with substantially the same duties and responsibilities as parking supervisor, assistant parking supervisor, or parking enforcement representative, or who are designated by the Chief of Police, are authorized to give the notice required by Section 40202 of the Vehicle Code of the state of violation of any provisions of said Vehicle Code governing the standing or parking of a vehicle, or requiring the display or any evidence of registration with respect to an unattended vehicle, or any provision of any ordinance enacted by the City governing the standing or parking of a vehicle or relating to parking meters or parking meter stands, either on the public street, highway or right-of-way, or on municipal off-street parking lots. In addition, employees of an independent contractor which has entered into a contract with the City to operate Sather Gate Garage are authorized to give the notice required by Section 40202 of the Vehicle Code of the state to persons who park illegally in the City-owned, contractor-operated garage at which that employee is employed. Training in the issuance of notices of violation for these contractors’ employees shall be substantially similar to the training given to City parking enforcement representatives and such training shall be approved by the Chief of Police or their designee. (Ord. 6253-NS § 1, 1994; Ord. 4854-NS § 1 (part), 1976; Ord. 4182-NS § 1, 1966; Ord. 3825-NS § 1, 1961; Ord. 3795-NS § 1, 1961)