Manhattan Beach Municipal Code Ch. 14.08 Enforcement and Obedience to Traffic Regulations

A. Officers of the Police Department and such officers as are assigned by the Chief of Police are hereby 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 chapter or the Vehicle Code.

B. Non-sworn civilian employees charged with parking enforcement responsibilities are hereby granted the authority of a peace officer in accordance with Section 836.5 of the California Penal Code for the limited purpose of enforcing parking control provisions of this chapter and the California Vehicle Code. They shall have the power to make arrests and issue citations for violations of the parking control provisions of this chapter and the California Vehicle Code, including 5204(a) California Vehicle Code, as granted under Section 836.5 of the California Penal Code.

C. Private security officers when designated by the City Council to be limited purpose public officers are hereby granted the authority of a peace officer in accordance with Section 836.5 of the California Penal Code for the limited purpose of enforcing parking control provisions of this ordinance and the California Vehicle Code on privately owned premises limited to handicapped and no parking restrictions. They shall have the power to make arrests and issue citations for violations of the parking control requirements of this chapter and the California Vehicle Code when such violations occur on the privately owned premises for whose owners they are employed, as granted under Section 836.5 of the California Penal Code.

(§ 1, Ord. 1627, eff. October 21, 1982; as amended by § 1, Ord. 1829, eff. October 4, 1990)

No 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 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 pushbutton signal erected by order of the City Traffic Engineer.

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 Department, or a person authorized by the Chief of Police or by law.

Every person riding a bicycle, electric bicycle, or motorized bicycle, or driving an animal upon a highway has 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.

(§ 4, Ord. 23-0008-U, eff. September 5, 2023)

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 chapter. 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 chapter, constitute such interference or obstruction.

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this chapter 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 hereby 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 chapter.

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 shall be unlawful for any said operator to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the Vehicle Code.

A. The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by 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 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 or the consequence of his willful disregard of 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, trash or street sweeping city contractor or public utility while necessary in use for construction, repair work or the conduct of other city business 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.

A. The operator of a vehicle or the persons 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, gas light or supporting standard, 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 the 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 is physically incapable of making a report, but in such an event, he shall make a report as required in subdivision (A) within twenty-four (24) hours after regaining ability to make such report.

Any regularly employed and salaried officer or Reserve Corps officer of the Police Department or regularly employed and salaried employee of the City who is engaged in directing traffic or enforcing parking laws of the City or any designated peace officer may remove or cause to be removed:

A. Any vehicle that has been parked or left standing upon a street or highway for seventy-two (72) or more consecutive hours.

B. Any vehicle which is parked or left standing upon a street, highway, public driveway, public parking facilities and public grounds of the City when such parking or standing is prohibited by ordinance or resolution of this 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 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.

(§ 1, Ord. 1383, eff. August 15, 1974; § 1, Ord. 1758, eff. August 20, 1987)

Every abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private property or public property not including highways is hereby declared a nuisance and may be abated and removed pursuant to the following procedures:

A. Notice shall be given to the Department of Motor Vehicles within five (5) days after the date of removal identifying the vehicle or part thereof and any evidence of registration available, including but not limited to, registration certificates of title or license plates.

B. Not less than a 10-days notice shall be given of intention to abate and remove the vehicle or part thereof as a public nuisance. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

C. A public hearing shall be held before the Chief of Police upon request for such a hearing by the owner of the vehicle or the owner of the land on which such vehicle was located. This request shall be made to the Chief of Police within ten (10) days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the Chief of Police shall have the authority to remove the vehicle.

D. After a vehicle has been removed, it shall not be reconstructed or made operable.

E. The owner of the land on which the vehicle is located may appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such cost from such owner.

F. The provisions of this section shall not apply to:

1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or

2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junk yard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

G. The provisions of this section shall be administered by regularly salaried full-time employees of the City, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

H. Except as otherwise provided herein, the costs of administration of this section and removal of the vehicle or part thereof may be removed by the City pursuant to Section 38773.5 of the Government Code.

(§ 1, Ord. 1318, eff. May 3, 1973)

The Chief of Police may order temporarily closed any street or streets or portions thereof to all vehicular or pedestrian traffic or parking, or both, as may be necessary in connection with any special event conducted within the City. Appropriate signs or traffic control devices shall be erected to provide notice of such closing.