Chapter 70 — GENERAL PROVISIONS

For the purpose of this traffic code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words or phrases used in this title are not defined herein but are defined in the California Vehicle Code, such definitions are incorporated in this title and shall be deemed to apply to such words and phrases when used in this title. ('65 Code, § 4-5.102) CURB. The lateral boundary of the roadway, whether such curb shall be marked by curbing construction or be not so marked. For the purpose of this traffic code, CURB shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies. (‘65 Code, § 4-5.104) DIVISIONAL ISLAND. A raised island located in the roadway and separating opposing or conflicting streams of traffic. (‘65 Code, § 4-5.105) HOLIDAYS. This term means and includes January 1, February 12, the third Monday in February, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, Thanksgiving Day, and December 25. If any of these holidays should fall upon a Sunday, the Monday following shall be a holiday. (‘65 Code, § 4-5.106) LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (‘65 Code, § 4-5.107) OFFICIAL TIME STANDARD. Whenever certain hours are named in this traffic code, they shall mean standard time or daylight saving time as may be in current use in the city. (‘65 Code, § 4-5.108) PARK. To stand or leave standing any vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. PARKWAY. That portion of a street other than a roadway or a sidewalk. (‘65 Code, § 4-5.109) PASSENGER LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (‘65 Code, § 4-5.110) PEDESTRIAN. Any person afoot. (‘65 Code, § 4-5.111) POLICE OFFICER. Every officer of the Police Department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (‘65 Code, § 4-5.112) PRIVATE BUS. Any bus, as defined in the California Vehicle Code, used or maintained by or for a charter-party carrier of passengers for compensation or profit, a passenger stage corporation, or any highway carrier of passengers required to register with the California Public Utilities Commission. PUBLIC TRANSIT BUS. Any bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. STOP OR STAND. When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (‘65 Code, § 4-5.113) VEHICLE CODE. The California Vehicle Code. (‘65 Code, § 4-5.114) (Ord. 49-C.S., passed - - ; Am. Ord. 610-C.S., passed 4-1-14)

D.**_ When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (‘65 Code, § 4-5.113) VEHICLE CODE. The California Vehicle Code. (‘65 Code, § 4-5.114) (Ord. 49-C.S., passed - - ; Am. Ord. 610-C.S., passed 4-1-14)

TRAFFIC CONTROL DEVICES

(A) The City Traffic Engineer shall have the power and duty to place and maintain, or cause to be placed and maintained, official traffic control devices when and as required to make effective the provisions of this traffic code.

(B) Whenever the Vehicle Code requires, for the effectiveness of any provision thereof, that traffic control devices be installed to give notice to the public of the application of such law, the Traffic Engineer is hereby authorized to install, or cause to be installed, the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.

(C) The Traffic Engineer may also place and maintain, or cause to be placed and maintained, such additional traffic control devices as he may deem necessary or proper to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this chapter or as may be determined by ordinance or resolution of the Council. ('65 Code, § 4-5.401) (Ord. 49-C.S., passed - - )

The operator of any vehicle or train shall obey the instructions of any official traffic control device placed in accordance with the provisions of this chapter unless otherwise directed by a police officer or other authorized person, subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. ('65 Code, § 4-5.402) (Ord. 49-C.S., passed - - ) Penalty, see § 10.99

Cross-reference:

Trains, see §§ 71.75, 71.76

The City Traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this chapter.

('65 Code, § 4-5.403) (Ord. 49-C.S., passed - - )

The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or the provisions of this traffic code whenever he shall determine in any particular case that the conditions which warranted or required the installation no longer exist or obtain. ('65 Code, § 4-5.404) (Ord. 49-C.S., passed - - )

(A) The City Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard. (B) The Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent, and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Maintenance Manual issued by the Division of Highways of the State Department of Public Works.

(C) Whenever the Traffic Engineer installs and maintains an official traffic signal at any intersection, he shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at the intersection. ('65 Code, § 4-5.405) (Ord. 49-C.S., passed - - )

The City Traffic Engineer is hereby authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof. ('65 Code, § 4-5.406) (Ord. 49-C.S., passed - - )

The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway. ('65 Code, § 4-5.407) (Ord. 49-C.S., passed - - )

The City Traffic Engineer is hereby authorized to place and maintain distinctive roadway markings, as described in the Vehicle Code, on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such markings or signs and markings. Such markings or signs and markings shall have the same effect as similar markings placed by the California Department of Transportation pursuant to the provisions of the Vehicle Code. ('65 Code, § 4-5.408) (Ord. 49-C.S., passed - - )

No provision of the Vehicle Code or of this traffic code for which signs are required shall be enforced against an alleged violator unless appropriate legible signs are in place giving notice of such provisions of the traffic laws.

('65 Code, § 4-5.409) (Ord. 49-C.S., passed - - )

No person, unless authorized by the city, shall paint any street or curb surface; provided, however, the provisions of this section shall not apply to the painting of numbers on a curb surface by any person who has complied with the provisions of any resolution or ordinance of the city pertaining thereto. ('65 Code, § 4-5.410) (Ord. 49-C.S., passed - - ) Penalty, see § 10.99

Whenever any ordinance or resolution of the city designates any one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

('65 Code, § 4-5.601) (Ord. 49-C.S., passed - - )

Cross-reference:

Parallel parking on one-way street, see § 72.068

ADMINISTRATION AND ENFORCEMENT

(A) Establishment. There is hereby established in the Police Department a Traffic Division to be under the control of an officer of police appointed by and directly responsible to the Police Chief. ('65 Code, § 4-5.201)

(B) Duties. It shall be the duty of the Traffic Division, with such aid as may be rendered by other members 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, to cooperate with the City Traffic 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 Traffic Division by the provisions of this traffic code and the traffic laws of the city. ('65 Code, § 4-5.202) (Ord. 49-C.S., passed - - )

Cross-reference:

Police Department, see §§ 32.50 through 32.52

The Traffic Division shall annually prepare a traffic report which shall be filed with the Council. The report shall contain information on traffic matters in the city as follows:

(A) The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data;

(B) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; and

(C) The plans and recommendations of the Traffic Division for future traffic safety activities.

('65 Code, § 4-5.203) (Ord. 49-C.S., passed - - )

(A) Studies. Whenever the accidents at any particular location become numerous, the Traffic Division shall cooperate with the City Traffic Engineer in conducting studies of such accidents and determining remedial measures. ('65 Code, § 4-5.204)

(B) Reports. The Traffic Division shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the Traffic Engineer. ('65 Code, § 4-5.205)

(Ord. 49-C.S., passed - - )

(A) Office established. The office of the City Traffic Engineer is hereby established. The Community Development Director shall serve as Traffic Engineer in addition to his other functions, and he shall exercise the powers and duties as provided in this traffic code and in other traffic laws of the city. Whenever the Traffic Engineer is required or authorized to place or maintain official traffic control devices or signals, he may cause such devices or signals to be placed or maintained. ('65 Code, § 4-5.206)

(B) Powers and duties. It shall be the general duty of the City 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 the laws of the city. Whenever, by the provisions of this traffic code, a power is granted to the Traffic Engineer or a duty is imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him. ('65 Code, § 4-5.207)

(Ord. 49-C.S., passed - - )

(A) Officers of the Police Department and such officers as are assigned by the Police Chief 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 traffic code or the Vehicle Code. ('65 Code, § 4-5.301)

(B) No person other than an officer of the Police Department, or member of the Fire Department, or a person authorized by the Police Chief, 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 provided in this chapter, any mechanical push-button signal erected by order of the City Traffic Engineer. ('65 Code, § 4-5.302)

(Ord. 49-C.S., passed - - ) Penalty, see § 10.99

Cross-reference:

Police Department, see §§ 32.50 through 32.52

No person shall interfere with or obstruct in any way any police officer or other officer or employee of the city in his enforcement of the provisions of this traffic code. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of the city in connection with the enforcement of the parking regulations of this traffic code shall, if done for the purpose of evading the provisions of this traffic code, constitute such interference or obstruction. ('65 Code, § 4-5.303) (Ord. 49-C.S., passed - - ) Penalty, see § 10.99

Cross-reference:

Stopping, standing, and parking, see Ch. 72

The provisions of this traffic code shall apply to the operator of any vehicle owned by or used in the service of the United States government, the state and any county or city, and it shall be unlawful for any such operator to violate any of the provisions of this traffic code except as otherwise permitted in this traffic code or by the Vehicle Code. ('65 Code, § 4-5.304) (Ord. 49-C.S., passed - - ) Penalty, see § 10.99

Any regularly employed and salaried officer of the Police Department 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 between the hours of 7:00 a.m. and 7:00 p.m. when such parking or standing is prohibited by an ordinance or resolution of the city and signs are posted giving notice of such removal; and

(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, however, signs giving notice that such vehicle may be removed shall be erected or placed at least 24 hours prior to the removal.

('65 Code, § 4-5.305) (Ord. 49-C.S., passed - - )

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this traffic code 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 such 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 such police officer's order, signal or command, regardless of any other provision of this traffic code.

('65 Code, § 4-5.306) (Ord. 49-C.S., passed - - ) Penalty, see § 10.99

(A) The provisions of this traffic code regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the Police or Fire Department, or to any public ambulance, or to 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 subsection is operated in the manner specified by the Vehicle Code in response to an emergency call.

(B) The provisions of division (A) of this section shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or the consequences of his wilful 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 or public utility while necessarily in use for construction or repair work or to any vehicle owned or operated by the United States Postal Service while in use for the collection, transportation or delivery of United States mail. ('65 Code, § 4-5.307) (Ord. 49-C.S., passed - - )

(A) Purpose. The purpose of this section is to authorize the City of San Gabriel to grant non-exclusive towing franchises to one or more qualified tow service operators, in accordance with § 12110 of the Vehicle Code and other applicable law.

(B) Findings. The franchise services agreement applies to the Police Department’s towing program and does not cover and has no effect on privately requested tow services. The grant of a non-exclusive towing franchise to one or more towing operators for towing vehicles on behalf of the city’s Police Department is in the public interest.

(C) Approval and authorization.

(1) The City Council hereby authorizes the City Manager, or his or her designee, to execute on behalf of the city and in accordance with the San Gabriel Municipal Code, nonexclusive tow franchise agreements with eligible tow operators.

(2) The City Manager shall use the tow franchise agreement form most recently approved by duly adopted resolution by the City Council. The industry standard form franchise agreement shall set forth the franchise fee, performance standards for service adopted by the City Police Chief and other terms and conditions that are consistent with the purpose and intent of this section.

(3) The city shall prepare and release an RFQ to identify qualified service operators that will detail tow operator eligibility and other requirements that must be satisfied to be considered for award of a tow franchise. The Police Chief will recommend eligible operators to the City Manager for award of non-exclusive tow franchises, subject to review and approval by the City Council.

(4) The city may collect franchise fees from tow franchisees in an amount set by duly adopted City Council resolution, as amended from time to time, pursuant to Cal. Vehicle Code § 12110, Subdivision (b), provided that such fees may not exceed the amount necessary to reimburse the city for its actual and reasonable costs incurred in connection with the Police Department’s towing program.

(5) The Police Chief is hereby authorized to adopt rules for towing operators regarding standards for service, hours of operations, etc. to ensure that the purposes of the grant of these non-exclusive franchises are achieved.

(6) The City Council may by duly adopted resolution approve and amend tow franchise agreement forms and maximum rates that may be charged by tow franchisees for services provided pursuant to the Police Department’s towing program and this section.

(Ord. 664, passed 6-16-20)