Brisbane Municipal Code Ch. 10.08 Administration and Enforcement

The office of the city traffic engineer is established. The director of public works/city engineer or his duly designated agent shall serve as city traffic engineer in addition to his other functions, and shall exercise the powers and duties with respect to traffic as provided in this title.

(Ord. 474 § 2, 2002: Ord. 38 § 2(part), 1962).

A. It shall be the general duty of the city traffic engineer to determine the installation and proper timing and maintenance of traffic-control devices and signals, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions 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 the city.

B. Whenever, by the provisions of this title a power is granted to the city traffic engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him.

(Ord. 38 § 2.1, 1962).

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 the city and all of the state vehicle laws applicable to street traffic in the city.

(Ord. 38 § 3(part), 1962).

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 other 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.

(Ord. 38 § 3.1, 1962).

Officers of the fire department when at the scene of a fire or other emergencies, or when in the course of their duties they are protecting the personnel or equipment of the fire department, may direct or assist the police in directing traffic.

(Ord. 38 3.2, 1962).

No person shall wilfully fail or refuse to comply with any lawful order of a police officer or fire official when directing traffic.

(Ord. 38 § 3.4, 1962).

No person other than an officer of the police department, or a person deputized by the chief of police, or 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 provided in this title any mechanical pushbutton signal erected by order of the city traffic engineer.

(Ord. 38 § 3.6, 1962).

Every person riding a bicycle or driving or riding an animal upon a highway shall be granted 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.

(Ord. 38 § 3.5, 1962).

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, the state, any county or city, and it is unlawful for any driver to violate any of the provisions of this title, except as otherwise permitted in this title or by the Vehicle Code.

(Ord. 38 § 3.7, 1962).

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 Vehicle Code in response to an emergency call.

B. The exemptions of subsection A of this section 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 or leased by the United States while in use for the collection, transportation or delivery of United States mail.

(Ord. 261 § 30, 1980; Ord. 38 § 3.8, 1962).

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 (24) hours after such accident make a written report of such accident to the police department of the 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 (24) hours after regaining ability to make such report.

(Ord. 38 § 3.9, 1962).

Any regularly employed and salaried officer of the police department, or any officer acting on behalf of the city police department, may remove or cause to be removed any vehicle from a highway, street, public grounds or park-and-ride facility under the following circumstances:

A. When a vehicle is parked or left standing upon any public street, highway, right-of-way or public grounds for seventy-two (72) or more consecutive hours;

B. Any vehicle which is parked or left standing upon a street, highway or public grounds between the hours of seven (7:00) a.m. and seven (7:00) p.m. 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, highway or public grounds where the use of such street, highway or public grounds or portion thereof is necessary for the cleaning, repair or construction of the street, highway or public grounds, or for the installation of underground utilities, or where the use of the street, highway, or public grounds or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street, highway or public grounds or portion thereof is necessary for the movement of equipment, articles or structures of usual 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 removal;

D. When a vehicle which is prohibited from parking or being left standing on a park-and-ride facility is parked or left standing on any said facility and signs are posted giving notice of such removal.

(Ord. 317 § 2, 1986: Ord. 109 § 1, 1967: Ord. 38 § 3.10, 1962).

Editor's note— Ord. No. 554, § 36, adopted January 18, 2011, repealed § 10.08.130, which pertained to obedience to title requirements and derived from Ord. No. 38, 1962.

Unless specifically designated as a misdemeanor offense, the violation of any of the provisions of this title shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 320 § 1, 1986: Ord. 38 § 19, 1962).

(Ord. No. 554, § 37, 1-18-11)