Chapter 10.04 — GENERAL PROVISIONS

The following words and phrases when used in this title shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section.

(1) Whenever any words or phrases used in this title are not defined herein, but are now defined in the Vehicle Code of this state, such definitions are incorporated herein and shall be deemed to apply to such words and phrases as used herein as though set forth herein in full.

"Bus" as used in this section means any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.

"CalTrans" means the California Department of Transportation.

"Traffic engineer" or city traffic engineer means the individual appointed to exercise such powers on behalf of the city.

"Holidays" within the meaning of this title, are the first day of January (New Year's Day), the last Monday of May (Memorial Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the eleventh day of November (Veteran's Day), the last Thursday of November, (Thanksgiving Day) and the twenty-fifth day of December (Christmas Day). If the first day of January, the thirtieth day of May, the fourth day of July, the eleventh day of November or the twenty-fifth day of December falls upon a Sunday, the Monday following is a holiday.

"Limited curb parking space" for the purpose of this title, means an area open for lawful parking along side of, and adjacent to, a curb, which area is not of sufficient length to permit two or more vehicles to freely move for parking therein at the same time.

"Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

"Official time standard." Whenever certain hours are named herein, they mean standard time or daylight saving time, as may be in current use in the city.

"Park" means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials.

"Parkway" means that portion of a street other than a roadway or a sidewalk.

"Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

"Pedestrian" means any person afoot.

"Person" means every natural person, firm, copartnership, association or corporation.

"Public safety officer" means every officer of the public safety department of this city.

"Stop" when required, means complete cessation of movement.

"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 public safety officer or official traffic control device.

(Prior code § 3-1.01; Ord. 2524-95 § 1)

It shall be the duty of the public safety department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate traffic accidents, and 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. (Prior code § 3-1.02)

Whenever the accidents at any particular location become numerous, the public safety department shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures. (Prior code § 3-1.03)

(a) The city manager shall appoint the city traffic engineer who shall exercise the powers and duties with respect to traffic as provided in this title.

(b) 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 ordinances and resolutions of this city.

(c) In the event of an emergency which poses an immediate threat to the public, including but not limited to natural disasters, roadway, structure or utility failures, construction complications or acts of war or terrorism, the city traffic engineer, without the need for city council action or public notice, may cause to be placed or removed any official traffic control device as a temporary remedy to the safety hazard. (Prior code § 3-1.04; Ord. 2524-95 § 1)

(a) Decisions by the city traffic engineer to install traffic control devices discussed in accordance with the provisions of this code may be appealed by filing a written request with the city traffic engineer for reconsideration of the decision. The request should set forth in detail the facts supporting the request for reconsideration. The city traffic engineer shall render a final decision within thirty days of the receipt of such request for reconsideration.

(b) Any person dissatisfied by the final determination may appeal such determination to the city council within fifteen calendar days of the traffic engineer's decision. Written notification of such appeal shall be filed with the city clerk and shall set forth in detail the facts and reasons supporting the appeal. The city clerk shall serve written notice to the appellant of the time, location and date of the city council meeting where the appeal will be

heard. The city council may affirm, reverse or modify the final determination of the city traffic engineer. During the pendency of any such appeal, the final determination of the city traffic engineer shall remain in full force and effect. The city council's determination on the appeal shall be final. It shall be incumbent on the city traffic engineer to implement or cause to be implemented, the city council's determination within thirty days of its ruling. (Prior code § 3-1.05; Ord. 2524-95 § 1; Ord. 3112-17 § 1)

It shall be the duty of the officers of the public safety department to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city. (Prior code § 3-1.06)

It is an infraction for any person to do any act forbidden or fail to perform any act required in this title. Any person convicted for violation of an infraction shall be punished as set forth in Chapter

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 title, except those provisions which by their very nature can have no application. (Prior code § 3-1.08)

No person other than an officer of the public safety department or a person authorized by the director of public safety, or other person authorized by law, including, but not limited to, certain trained employees of the department of public works and the department of environmental services, as referenced in Section 10.04.092, shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate when and as herein provided any mechanical pushbutton signal erected by order of the city traffic engineer. (Prior code § 3-1.09; Ord. 2317-90 § 1; Ord. 3061-15 § 1; Ord. 3159-20 § 1)

environmental services employees.

Provided that employees of the department of public works and employees of the department of environmental services meet the following qualifications set forth below, they shall be authorized to regulate traffic at the scene of an accident or other disaster, or in the event that any official traffic control device is disabled or otherwise inoperable, or in cases of other emergencies, until a public safety officer or other person authorized by Section 10.04.090 is able to come to the scene and take over the direction of traffic:

(a) The public works or environmental services employee shall have completed a course of

training for traffic control, which course of training has received the written approval of the director of public safety;

(b) The public works or environmental services employee is driving, at the time he or she arrives at, or is sent to, the scene of the accident, disaster, or inoperative traffic signal or device, a vehicle equipped with two-way radio and with flashing emergency lights. (Ord. 2317-90 § 2; Ord. 3061-15 § 2)

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, any county or city, and it is unlawful for any said driver to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code. (Prior code § 3-1.10)

The provisions of this title regulating the operation, parking and standing of vehicles shall not apply to any vehicle of the public safety department, any public ambulance or 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. (Prior code § 3-1.11)

The exemptions designated in Section 10.04.110 shall not, however, protect the driver of any such vehicle from the consequences of his or her wilful disregard of the safety of others. (Prior code § 3-1.12)

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 work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. (Prior code § 3-1.13)

The driver 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, ornamental lighting post, telephone pole, electric light or power pole, or resulting in damage to any ornamental shade tree, traffic control device or other property of a like nature located in or along any street, shall within twenty-four hours after such accident make a written report of such accident to the public safety department of this city. (Prior code § 3-1.14)

Every 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 driving or in charge of such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. (Prior code § 3-1.15)

A driver involved in an accident shall not be subject to the requirements of Sections 10.04.140 and 10.04.150 if and during the time such driver is physically incapable of making a report, but in such event said driver shall make a report as required within twenty-four hours after regaining ability to make such report. (Prior code § 3-1.16)