Chapter 10.46

TRAFFIC DIVERSION

Sections:

• 10.46.030 Failure of a driver or operator of a motor vehicle to obey a lawful order to divert or detour from a congested public street or highway.

For purposes of this chapter, "congested traffic" or "congestion" shall mean traffic on any public street or highway which is delayed to the point that motor vehicles in any given lane of said street or highway either:

1. Cannot move through an intersection with a traffic light after two changes of light at said intersection where said delay in forward movement is due to the position of other motor vehicles at or near said intersection and not to any emergency at or near said intersection; or

2. Cannot move through an intersection with a yield or stop sign after the expiration of a reasonable period of time, which shall

be not less than five minutes, where said delay in forward movement is due to the position of other motor vehicles at or near said intersection and not to any emergency at or near said intersection; or

3. Cannot move forward on portions of public streets or highways between intersections because little vehicular flow is occurring and said delay in movement is due to the numbers of vehicles on said portion of a public street or highway, and not to any emergency at or near said location.

• (Ord. 21426.)

Upon a determination by a peace officer of the police department that traffic upon a portion of public street or highway is congested such that little or no vehicular flow is occurring and, additionally, if said peace officer finds that a significant number of vehicles are not promptly moving when an opportunity arises to do so, then said peace officer may divert traffic from said congested portion or portions of said public street or highway at any intersection leading to the congested portion or portions of said public street or highway, excepting public safety or emergency vehicles, or persons residing along said public street or highway, until such time as reasonably flowing traffic is restored. (Ord. 21426.)

Any person who, while driving or operating a motor vehicle on a public street or highway, fails to divert or detour from said street or highway upon a lawful order of a peace officer to do so, shall be in violation of this chapter. (Ords. 21426, 21735.)

T10:43

2025-Supplement 3

SAN JOSÉ CODE