Fremont Municipal Code Art. II Enforcement and Obedience to Traffic Regulations

It shall be the duty of the officers of the police department or such officers as assigned by the chief of police or city manager to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.

Officers of the police department or such officers as are assigned by the chief of police or city manager are hereby 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.

Officers of the fire department, when at the scene of a fire 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. 58 § 3-2200. 1990 Code § 3-2200.)

No person shall willfully fail or refuse to comply with any lawful order of a police officer or fire department official when directing traffic. (Ord. 58 § 3-2202. 1990 Code § 3-2201.)

Every person riding a bicycle or riding or driving 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 chapter, except those provisions which by their very nature can have no application. (Ord. 58 § 3-2203. 1990 Code § 3-2202.)

No person other than an officer of the police department or a person deputized by the chief of police or city manager 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 herein provided any mechanical push button signal erected by order of the city manager. (Ord. 58 § 3-2204. 1990 Code § 3-2203.)

The provisions of this chapter 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 driver to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the California Vehicle Code. (Ord. 58 § 3-2205. 1990 Code § 3-2204.)

(a) The provisions of this chapter 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 California 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/her willful disregard for the safety of others.

(c) The provisions of this chapter 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. 58 § 3-2206; amended during 2012 reformat. 1990 Code § 3-2205.)

(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 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 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 24 hours after regaining ability to make such report. (Ord. 58 § 3-2207. 1990 Code § 3-2206.)

Any regularly employed and salaried officer of the police department of this city 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 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 24 hours prior to the removal.

(c) Any vehicle which is parked or left standing upon city property in violation of signs, markings or devices erected pursuant to Section 10.05.600 where such vehicle blocks or otherwise interferes with the proper use of such city property, including but not limited to the vehicular lanes or parking space reserved for emergency or other special use upon off-street parking facilities; in any case, any such vehicle that has been parked or left standing upon city property for 72 or more consecutive hours.

(d) Any vehicle which is parked or left standing upon real property which has been determined by the city council, pursuant to Cal. Veh. Code § 21107.5, 21107.6 or 21107.7, to be subject to the application of the California Vehicle Code or particular provisions thereof, in violation of signs, markings or devices erected as required by law to give notice that such parking is prohibited. (Ord. 648 § 1; Ord. 709 § 2; Ord. 1156 § 1, 3-15-77. 1990 Code § 3-2207.)

(a) The city of Fremont adopts Cal. Veh. Code § 42011 as provided in Cal. Veh. Code § 42011(c)(1).

(b) The fine for violation of any offense specified in Cal. Veh. Code § 42011(b) shall be doubled as specified in Cal. Veh. Code §§ 42011(a) and (c)(2). The enhanced portion of the fine shall be used by the city as specified in Cal. Educ. Code § 45452 and Cal. Penal Code § 1463.21.

(c) Cal. Veh. Code § 42011(e) provides that Cal. Veh. Code § 42011 will remain in effect only until July 1, 2007, and as of that date is repealed, unless extended by legislation before January 1, 2007. This section of the Fremont Municipal Code will remain in effect only until such time as Cal. Veh. Code § 42011 is repealed and of that date is repealed. (Ord. 2500 § 2, 7-1-03. 1990 Code § 3-2210.)