Morgan Hill Municipal Code Ch. 10.08 Traffic Administration

It shall be the duty of the police department to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate traffic accidents and to cooperate with the city transportation engineer and other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the department by this chapter.

(Ord. 504 N.S. § A (part), 1979)

The city engineer is designated as the city transportation engineer.

(Ord. 504 N.S. § A (part), 1979)

It shall be the general duties of the transportation engineer to determine the installation and proper timing of traffic-control devices, to conduct engineering analysis of traffic accidents and to devise remedial measures, to plan the operation of traffic on the streets of the city, and to cooperate with other city officials in the development of ways and means to improve traffic and transportation conditions in the city and to carry out the additional duties imposed by this title. Whenever, by the provisions of this title a power is granted to or a duty imposed upon the city transportation engineer, the power may be exercised or the duty performed by a person authorized by the transportation engineer.

(Ord. 504 N.S. § A (part), 1979)

Any decision of the city transportation engineer under this title may be appealed to the city council by any interested person. The appeal shall be in writing, shall state the reasons for the appeal, and shall be filed with the city clerk within thirty days after the decision of the engineer has been implemented in such a manner as to become visible to the public. At the time of filing the appeal the applicant shall pay a fee in the amount established by resolution of the city council. The action of the city council shall be final.

(Ord. 504 N.S. § A (part), 1979)

It shall be the duty of the public works department to install, under the direction of the city transportation engineer, and maintain city traffic-control devices and to carry out the additional duties imposed by this title.

(Ord. 504 N.S. § A (part), 1979)

All violations of Chapter 10.40 are civil violations to be handled by citation followed by an administrative process set out in Section 10.08.063.

(Ord. 1130 N.S. § 1 (part), 1993)

Penalties for violation of Chapter 10.40 shall be set and periodically revised by resolution of the city council.

(Ord. 1130 N.S. § 1 (part), 1993)

Penalties shall be collected by the city or a private agency with which the city may contract.

(Ord. 1130 N.S. § 1 (part), 1993)

Any appeal of a citation by an interested party under this title may be made through the following administrative process:

A. Within thirty days of the issuance of a citation for violation of any provision of Chapter 10.40, or ten days following the mailing of the notice of parking violation thereunder, the person desiring a hearing must advise the issuing agency he/she wishes to contest the citation. This request must be made in writing.

B. The issuing agency must then investigate the contestant's allegations within fifteen working days. The results of the investigation will be mailed by first class mail to the person requesting the hearing.

C. If the person disputes the conclusion set out in the investigation report, he/she may, within thirty days of the mailing of the results of the investigation, deposit the full amount of the parking penalty and request an administrative hearing. The request must include a written explanation of the reason for contesting the citation.

1. The person contesting the citation may elect to appear at the administrative hearing in person or request a written review of documents pertaining to the citation only.

2. If the person is a minor, the person may appear at the administrative hearing or admit, in writing, responsibility for the violation. Appointment of a guardian will not be required for this person.

D. The administrative hearing shall be conducted before an examiner designated to conduct the hearing by the city manager or his/her designate.

1. The administrative hearing shall be conducting in accordance with a written procedure to be established by the issuing agency which shall insure fair and impartial hearing of contested parking citation.

2. The agency's final decision may be delivered personally, or may be mailed first class, to the person requesting the administrative hearing at the address set out on the citation or request for hearing.

(Ord. 1130 N.S. § 1 (part), 1993)

If the contestant is not satisfied with the decision rendered in the administrative hearing process, he may, within thirty days after the mailing of, or personal delivery of, the final decision, seek review of the decision in the municipal court. The review shall be a trial de novo. (reference CVC 40230)

A. A copy of the notice of appeal shall be served by personal service, or by first-class mail, upon the issuing agency.

B. The filing fee for the review is twenty-five dollars, which shall be refunded, along with the penalty deposit, to the contestant if he/she is successful.

C. These reviews are subordinate judicial duties. They may be heard by traffic commissioners and other subordinate judicial officials.

(Ord. 1130 N.S. § 1 (part), 1993)