San Jose Municipal Code Ch. 11.12 Enforcement of Regulations

Footnotes:

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State Law reference— For statutory provisions on local authority to regulate traffic by means of traffic officers, see Vehicle Code § 21100.

No person shall do any act forbidden or fail to perform any act required in this Title 11.

(Prior code § 3303.4.)

A. The officers of the police department shall enforce all traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.

B. The director of the city department responsible for administering programs related to vehicle traffic is authorized to designate individuals within the department to enforce speeding laws on city streets, including the issuance of speeding citations, for the limited purpose of implementing a photoradar program.

(Prior code § 3303.1; Ord. 25009.)

Officers of the police department, or such officers as are assigned by the chief of police, are authorized to direct all traffic by visible or audible 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.

(Prior code § 3303.2.)

Editor's note— Ord. 28598, § 1, adopted June 23, 2009, repealed § 11.12.040, pertaining to fire department officers - traffic direction authority.

No person other than one of the following persons is authorized to direct traffic by voice, hand or signal:

A. An officer of the police department.

B. An officer of the fire department as part of a response to a fire or other emergency.

C. A person deputized by the chief of police to direct traffic.

D. A person who the chief of police temporarily or permanently appoints to perform traffic control in accordance with the requirements of subdivision (e) of California Vehicle Code Section 21100, as it may be amended.

E. A person who the city manager temporarily or permanently appoints to perform traffic control in accordance with the requirements of subdivision (e) of California Vehicle Code Section 21100, as it may be amended.

F. A person trained or certified as a flagger in accordance with the requirements of Section 1599 of Title 8 of the California Code of Regulations, as it may be amended, if one of the following conditions exists:

1. The city authorized the use of such flagger in the construction contract, encroachment permit or other document pursuant to which construction or maintenance work is occurring; or

2. The person is a city employee performing construction or maintenance work.

G. Any other person authorized by law to direct traffic.

(Prior code § 3303.6; Ords. 28598, 28751.)

The provisions of this title shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, county or city, and no such driver shall violate any of the provisions of this title, except as otherwise permitted in this title or by state statute.

(Prior code § 3303.7.)

A. The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the police or fire department, any public ambulance, 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 section is operated in the manner specified in the Vehicle Code in response to an emergency call.

B. The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequence of his wilful disregard of the safety of others.

C. The provisions of this title 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.

(Prior code § 3303.8.)