Monterey Municipal Code Art. 2 Administration and Enforcement

In accordance with the authority provided by Government Code Sections 53150--53159, any person whose negligent operation of a motor vehicle, boat, or aircraft while under the influence of alcohol or drugs proximately causes any incident resulting in an emergency response, and any individual whose intentionally wrongful conduct proximately causes any incident resulting in an emergency response, shall be liable for and shall pay to the City of Monterey the costs of such emergency response. In no event shall an individual’s liability under this section exceed the maximum allowable under State statute.

The term “incident” as used in Government Code Sections 53150--53152 and in this section is any event, distinct from an arrest following an ordinary traffic stop, that proximately causes an emergency response by the City. (Ord. 3423 § 1, 2009)

The office of City Traffic Engineer is hereby established. The Traffic Engineer shall exercise the powers and duties with respect to traffic as provided in this Chapter. Whenever the Traffic Engineer is required or authorized to place or maintain official traffic control services or signals, he may cause such devices or signals to be placed or maintained. (Ord. 3424 § 8, 2009)

It shall be the general duty of the 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 this Code or any other ordinances of this City. Whenever, by the provisions of this Chapter, a power is granted to the 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.

There is hereby established an advisory Traffic Committee to serve without compensation, consisting of the City Manager, the Chief of Police, the supervising traffic officer, Public Works Director as defined in Section 38-11, or the designated representatives of said persons, and such other number of City officials and representatives of unofficial bodies as may be determined and appointed by the Mayor. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

It shall be the duty of the Traffic Committee to suggest the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration or enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and to recommend to the legislative body of this City ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

Whenever this Chapter delegates authority to a City officer, or authorizes action by the City Council, to regulate traffic upon a state highway in any way which by state law requires the prior approval of the Department of Public Works of the state, no such officer shall exercise such authority nor shall such action by the City Council be effective with respect to any state highway without the prior approval, in writing, of the State Department of Public Works when and to the extent required by the Vehicle Code of the State.

Any provision of this Chapter which regulates traffic or delegates the regulation of traffic upon state highways in any way for which the approval of the State Department of Public Works is required by state law shall cease to be operative six months after receipt by the City Council of written notice of withdrawal of approval of the State Department of Public Works.

Officers of the Police Department, firefighters from the Fire 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.

In addition, City employees who are temporarily or permanently appointed by the City to regulate traffic and who are trained pursuant to a training program approved by the Chief of Police per California Vehicle Code Section 21100(e) may also direct and regulate traffic under the following conditions:

a.In the event of a fire, flood, accident or other emergency;

b.In the event that official traffic control devices are disabled or otherwise inoperable;

c.At the site of road or street construction or maintenance; or

d.At locations requiring traffic direction in order to expedite the orderly flow of traffic and to safeguard pedestrians. (Ord. 3424 § 8, 2009)

No persons other than an officer of the Police Department or member of the Fire Department or a person authorized by the Chief of Police or a person authorized by the 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 Chapter any mechanical pushbutton signal erected by order of the City Traffic Engineer.

All persons duly assigned by the City Manager to the Parking Meter Division, either as permanent or temporary personnel of such division, are hereby empowered and directed to enforce all laws of the state and the City regulating the parking of motor vehicles. Such regulations include but are not limited to time limits, meter violations, loading zones, no stopping zones, passenger zones, permit parking zones and double parking. Such persons shall have the same authority as peace officers in the enforcement of such regulations including the authority to issue citations, or notices to appear and to execute complaints for violations thereof.

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, and such police officer shall have authority to direct the parking of vehicles in any reasonable manner, way or direction. No person shall fail to promptly obey the police officer’s order, signal or command, regardless of any other provision of this Chapter.

No person driving any vehicle or other conveyance upon any street, and no pedestrian, shall do any act prohibited, or fail to perform any act required, as applicable to any such person under this Chapter.

No person shall fail or refuse to comply with or to perform any act prohibited by any lawful order, signal or direction of a traffic or police office, or a member of the Fire Department, or a person authorized by the Chief of Police or by law.

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.

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.

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 and the county or City, and no operator shall violate any of the provisions of this Chapter except as otherwise permitted in this Chapter or by the Vehicle Code of the state.

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 Department, any public ambulance or any public utility vehicle of 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 preceding exemptions shall not relieve the operator of any such vehicle from his obligation to exercise due care for the safety of others or from the consequences 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 of 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.Commercial vehicles carrying heavy tools, material or equipment while actually engaged in construction or repair work upon a public street, or property adjacent thereto, may park in excess of the time set forth in this Chapter, upon special written permit therefor being issued by the Chief of Police.

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 pole, 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 required time he is physically incapable of making a report, but in such event he shall make a report as required in this Section within 24 hours after regaining ability to make such report.

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 hours or more consecutive hours.

b.Any vehicle left standing or parked on any street, highway, parking lot, wharf or other public place when the City Council has by resolution declared the area to be a tow-away zone and signs giving notice thereof have been posted. The City Council may establish certain times of the day, and or days, when said tow-away zone will be enforced.

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 24 hours prior to the removal.