Visalia Municipal Code Art. 3 Enforcement and Obedience to Traffic Regulations

Officers of the police department and such officers as are assigned by the chief of police are 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 pedestrian, officers of the police department or member of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this chapter or the Vehicle Code. (Prior code § 3002(a))

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 § 3002(b))

No person shall fail or refuse to comply with or to perform any act forbidden by any 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 § 3002(a))

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 chapter, except those provisions which by their very nature can have no application. (Prior code § 3002(d))

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this chapter. The removal, obliteration 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 chapter shall, if done for the purpose of evading the provisions of this chapter, constitute such interference or obstruction. (Prior code § 3002(e))

The provisions of this chapter shall apply to the operator 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 operator to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by the Vehicle Code. (Prior code § 3002(f))

A. The provisions of this chapter 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 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 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 any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail. (Prior code § 3002(g))

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 for seventy-two (72) or more consecutive hours;

B. Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such parking or standing is prohibited by ordinance or resolution of the 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 twenty-four (24) hours prior to the removal. (Prior code § 3002(1))

At places where large numbers of people and vehicles are to gather or have gathered, nothing in this chapter 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 said 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 said police officer's order, signal or command, regardless of any other provisions of this chapter. (Prior code § 3002(j))

A. It is unlawful for any person to block or attempt to block the entrance to or exit from any public or private property including, but not limited to, any building, parking lot or parking structure or other structure or facility located on such property.

B. This section shall not apply to any person who owns, rents, leases or otherwise has rightful possession of the property or to any employee or agent of such person who is acting under the authority and at the direction of such person, or, to any person obtaining permission from the owner, renter, lessee or person who has right to possession of the property. This section shall also not apply to any duly authorized employee, agent or officer of the City of Visalia or County of Tulare, State of California, or government of the United States, or any authorized agent or employee or any corporation, company or business furnishing gas or telephone or electrical service when such employee is in the course of his/her duty. This section shall not apply to delivery vehicles while making bonafide deliveries. (Visalia City Ordinance Section 10.16.260 shall apply to delivery vehicles.) This section shall not apply to any member of a street maintenance, repair or construction crew or to any employee or agent of a corporation, company or other business acting under contract with the City of Visalia when such crew member, employee or agent is acting within the course and scope of his/her duty, nor shall this section apply to any person who has obtained a permit or other form of authorization by an employee or agent of the City of Visalia authorized to grant such permit or authorization.

C. “Block” as used in this section means to obstruct or impede the passage of pedestrians and/or vehicles.

D. Violation—Misdemeanor. Violation of this section is a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than six (6) months, or by both such fine or imprisonment.

(Ord. 2002-23 § 1, 2002)

A. An administrative fee to recover the city's administrative costs for removal, impound, storage, and release of a properly impounded vehicle, whether pursuant to the Visalia Municipal Code or pursuant to the California Vehicle Code, shall be imposed upon the registered or legal owner of the subject vehicle.

B. Pursuant to Section 8.60.010 of Chapter 8.60, the administrative fees charged for the removal, impound, storage, and release of properly impounded vehicles shall be established from time to time.

(Ord. 2007-05 § 2, 2007)

A. All fees relating to the removal, impound, storage, and release of a vehicle shall be paid by the vehicle's registered owner prior to the disposition of a properly impounded vehicle, subject to the exception provided in Section 10.04.150B.

B. Once a registered or legal owner has requested a hearing to challenge the validity of the impoundment, he or she may pay the fees then due and the vehicle shall be released. Paying the fees prior to the hearing shall not be deemed a waiver of the registered or legal owner's rights under the hearing. If it is determined at the hearing the vehicle was not properly impounded, the fees shall be reimbursed to the registered or legal owner. If it is determined at the hearing the vehicle was properly impounded, the registered or legal owner shall also be responsible for payment of fees associated with conducting the hearing.

(Ord. 2007-05 § 2, 2007)