Upland Municipal Code Ch. 10.08 Enforcement and Obedience to Traffic Regulations

Officers of the police department are authorized to direct all traffic in accordance with the provisions of this chapter and of the California Vehicle Act or in emergencies as the public safety or convenience may require, and no person shall fail or refuse to comply with any lawful order or signal under the direction of a police officer who seeks to direct vehicular traffic upon any of the streets within the city where the traffic is heavy and continuous, or where by reason of some contingency or emergency such regulation or direction is reasonably warranted by the circumstances.

(Prior code § 3301)

No person other than an officer of the police department or members of the fire department, or a person authorized by the chief of police 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 herein provided, any mechanical pushbutton signal erected by order of the city manager.

(Prior code § 3301.01)

Enforcement of municipal codes and ordinances pertaining to traffic and parking regulation shall be the regular responsibility of each officer of the police department or persons authorized by the chief of police to enforce such municipal codes and ordinances. Persons granted the authority to enforce municipal codes and ordinances by the chief of police shall be subject to the provisions specified under Division 11, Chapter 1, Article 3 of the Vehicle Code of the State of California entitled "Local Regulation."

(Prior code § 3301.01(a))

No person shall fail or refuse to comply with or to perform any act forbidden by lawful order, signal or direction of a traffic or police officer, or a member of the fire department, or a person authorized by the chief of police, or by law.

(Prior code § 3301.02)

Every person riding a bicycle or riding or driving an animal upon a highway has all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this code, except those provisions which by their very nature can have no application.

(Prior code § 3301.03)

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in his or her enforcement or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this title shall, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction.

(Prior code § 3301.04)

The driver of any vehicle, the person in charge of any animal and any pedestrian shall obey the instructions of any official traffic sign or signal applicable to him or her, subject to the exceptions granted the driver of an emergency vehicle as provided in Sections 21055 and 21056 of the Vehicle Code of the state of California. Any violation thereof shall constitute a misdemeanor, and upon conviction the court may impose a fine not exceeding $300.00, or by sentence in the county jail not exceeding 30 days or by both such fine and imprisonment.

(Prior code § 3301.04(b))

The provisions of this title shall apply to the operator of any vehicle, owned by or used in the service of the United States Government, this state, any county, city or special district, and it is unlawful for any such operator to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code.

(Prior code § 3301.05)

A. The provisions of this code regulating the operation, parking and standing of vehicles shall not apply to vehicles operated by the police or fire 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 by the Vehicle Code in response to an emergency call.

B. The foregoing exemptions 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 willful disregard of the safety of others.

C. The provisions of this code 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 or operated by the United States Postal Service while in use for the collection, transportation or delivery of United States mail.

(Prior code § 3301.06)

A. The operator 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, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic-control device, or other property of a like nature located in or along any street, shall within 24 hours after such accident make a written report of such accident to the police department of this city.

B. Every such 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 operating or in charge of such vehicle or animal, the license number of every such vehicle, and briefly describe the property damage in such accident.

C. The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if and during the time he is physically incapable of making a report, but in such event he or she shall make a report as required in subsection A of this section within 24 hours after regaining ability to make such report.

(Prior code § 3301.07)

Any regularly employed and salaried officer of the police department of this city may remove or cause to be removed:

A. Any vehicle that has been parked or left standing upon a street or highway at the same location 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 ordinance or resolution of this city and signs are posted giving notice of such removal.

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

(Prior code § 3301.08; Ord. 1835 § 1, 2008)

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this title 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 the police officer shall have authority to direct the parking of vehicles in any reasonable manner, way or direction, and it is declared to be unlawful for any person to fail to promptly obey the police officer's order, signal or command, regardless of any other provision of this chapter.

(Prior code § 3301.10)

A. Parking Commercial Vehicles and Commercial Equipment in Residential Zones. It is unlawful for any person to park or store any commercial motor vehicle, having an unladen weight of 6,000 pounds or more, or any commercial vehicle tractor and/or trailer, or commercial equipment, irrespective of weight, upon any public street or on public property in the city within any single-family or multiple-family residential zone; except:

1. While loading or unloading goods and/or such vehicle and/or commercial equipment is parked until such work is completed; or

2. When such vehicle and/or commercial equipment is parked in connection with, and in the aid of the performance of a service to or on a property in the block in which such vehicle and/or commercial equipment is parked until such service is completed; or

3. The vehicle and/or commercial equipment is immobile due to accident or mechanical breakdown, in such case said vehicle and/or commercial equipment may be parked for a period of time not to exceed 24 hours.

B. Parking of Commercial Vehicles or Equipment in Commercial Zones. It is unlawful for any person to park or store any commercial motor vehicle, having an unladen weight of 8,000 pounds or more, or any commercial vehicle-tractor and/or trailer or commercial equipment irrespective of weight upon any public street or on public or private property in the city within any commercial zone, for more than four hours except:

1. That the vehicle and/or commercial equipment is immobile due to accident or mechanical breakdown; in such case said vehicle and/or commercial equipment may be parked for a period of time not to exceed 24 hours; or

2. That the nature of the particular service to be performed or material or equipment to be delivered, require a longer period of time to complete than the time limit described in this section; or

3. That the vehicle and/or commercial equipment is owned or operated by the commercial use on the private property upon which it is to be parked.

C. Parking of Commercial Vehicles and Equipment by Guests of Hotels or Motels Permitted. Excluded from the provisions of this section shall be vehicles and/or commercial equipment operated and parked by a registered transient guest of a motel or hotel if such vehicle and/or commercial equipment is parked within approved designated vehicle parking areas upon the business premises. Vehicle parking areas shall be submitted to and approved by the administrative committee.

D. Violation of Title. Whenever a vehicle or commercial equipment is parked or left standing in violation of this title, such vehicle or commercial equipment may be removed and stored.

E. A "commercial vehicle" means any vehicle which is not meant for ordinary passenger use common to residential use. A "commercial trailer" includes any trailer used or maintained for compensation, or profit or designed, used, or maintained primarily for the transportation of property. Passenger buses shall be considered commercial vehicles regardless of weight. "Commercial equipment" means any equipment not ordinary to residential use.

(Prior code § 3301.13; Ord. 1962 § 2, 2022)