Modesto Municipal Code Art. 2 Enforcement and Obedience to Parking and Traffic Regulations

Footnotes:

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Editor's note— Ord. No. 3716, adopted March 12, 2020, repealed the former Art. 2, §§ 3-2.201—3-2.207, and enacted a new Art. 2 as set out herein. The former Art. 2 pertained to enforcement and obedience to traffic regulations and derived from Ord. 234-C.S., effective 4-24-58; Ord. 648-C.S., effective 5-6-64; Ord. 1670-C.S., § 1, effective 12-21-77; Ord. 1687-C.S., § 1, effective 1-7-78; Ord. 1707-C.S., effective 3-13-78; Ord. 2843-C.S., § 1, effective 5-6-93; Ord. 3127-C.S., § 1.

(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 the City and all of the State vehicle laws applicable to street traffic in the City.

(b) Members of the Police Department or such officers as are assigned by the Chief of Police 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.

(c) Members 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.

(d) The Chief of Police or his or her designee may temporarily close a portion of any street when the closing is necessary for the safety and protection of persons who are using that street or to safeguard the property and persons or citizens.

(e) The Director of Public Works may authorize and assign persons to enforce parking laws and regulations to the maximum extent permitted by law.

(f) If the Director of Public Works determines that traffic congestion may result from public or private events or activities, the Director or their designee may place signs restricting or prohibiting the operation, parking or standing of vehicles on streets and alleys in the interest of protection the public's safety.

(Ord. No. 3716-C.S., effective 3-12-20)

(a) Intent. It is the intent of the Modesto City Council to exercise its full authority granted by California Vehicle Code Section 40203.5(a), to establish a schedule of parking penalties for parking violations which may include, late fees, collection fees and other related charges in addition to all state mandated fees. A violation of any provision of this chapter shall have a civil penalty under the provisions of this title and shall be required to pay the established penalty provided on the schedule of parking penalties for parking laws and regulations. Any surcharges or assessments to parking penalties that are mandated by state law shall be added to the civil penalty imposed for the violation. Additionally, when a hold on a vehicle registration renewal is imposed due to delinquency of the violation, the penalty shall increase by the amount imposed by the California Department of Motor Vehicles.

(b) Procedure for Establishment. Subject to any limitations imposed by state law, the City Council shall, by resolution, establish parking penalties, late payment penalties, administrative fees, and collection fees. The City Manager is authorized to amend the schedule of parking penalties to incorporate any changes to State-mandated surcharges, fees or fines related to the provisions of the California Vehicle Code for violations that can be issued on a notice of parking violation.

(Ord. No. 3716-C.S., effective 3-12-20)

Except for City employees performing a duty within the scope of their employment which necessitates the direction of traffic, no person other than an officer of the Police Department or a person deputized by the Chief of Police, or a person authorized to do so by a police officer in an emergency, 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 Director of Public Works.

(Ord. No. 3716-C.S., effective 3-12-20)

(a) The provisions of this chapter regulating the operation, parking or standing of vehicles shall not apply to any vehicle of the police or fire department, any public ambulance or any public utility vehicle when any vehicle mentioned in this section is operated in a manner specified in the Vehicle Code in response to an emergency call.

(b) The exemptions shall not, however, protect the driver of any such vehicle from the consequences of their 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 owned or operated by the City when said vehicle is being used in the line of duty or any vehicle owned by the United States Postal Service while in use for the collection, transportation or delivery of United States mail.

(Ord. No. 3716-C.S., effective 3-12-20)

(a) The driver of a vehicle 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, 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 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, 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 said 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. No. 3716-C.S., effective 3-12-20)