There is established in the police department a traffic division to be under the control of an officer of police appointed by and directly responsible to the chief of police.
(Prior code § 17-17)
It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the 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, and to carry out those duties specially imposed upon the division by this chapter and the traffic ordinances of the city.
(Prior code § 17-18)
Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures.
The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. A copy of such reports shall be provided the city traffic engineer.
(Prior code § 17-19)
The traffic division shall annually prepare a traffic report which shall be filed with the city council. Such a report shall contain information on traffic matters in the city as follows:
A.
The number of traffic accidents, the number of persons killed, the number of persons injured and other pertinent traffic accident data;
B.
The number of traffic accidents investigated and other pertinent data on the safety activities of the police;
C.
The plans and recommendations of the traffic division for future traffic safety activities.
(Prior code § 17-20)
The office of city traffic engineer is established. The city traffic engineer shall be appointed by the city manager, and he shall exercise the powers and duties as provided in Chapters 10.04 through 10.32 and in the traffic ordinances of the city. Whenever the city traffic engineer is required or authorized to place or maintain official traffic-control devices or signals, he shall cause such devices or signals to be placed or maintained.
(Prior code § 17-21)
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 this chapter and other ordinances of the city. Whenever, by the provisions of Chapters 10.04 through 10.32 a power is granted to the city traffic engineer or a duty imposed upon him, the power may be exercised or the duty performed by his deputy or by a person authorized in writing by him.
(Prior code § 17-22)
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 pedestrians, officers of the police department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in Chapters 10.04 through 10.32 or the Vehicle Code.
(Prior code § 17-25)
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 push button signal erected by order of the city traffic engineer.
(Prior code § 17-26)
At places where large numbers of people and vehicles are to gather or have gathered, nothing in Chapters 10.04 through 10.32 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 Chapters 10.04 through 10.32.
(Prior code § 17-27)
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 § 17-29)
No person shall interfere with or obstruct in any way any police officer or other officer or employee of the city in their enforcement of the provisions of Chapters 10.04 through 10.32. 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 Chapters 10.04 through 10.32 shall, if done for the purpose of evading the provisions of Chapters 10.04 through 10.32, constitute such interference or obstruction.
(Prior code § 17-30)
Any regularly employed and salaried officer of the police department 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 or more consecutive hours;
B.
Any vehicle which is parked or left standing upon a street or highway between designated hours when such parking or standing is prohibited by ordinance or resolution 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 hours prior to the removal.
(Prior code § 17-31)
A.
The purpose and intent of this section is to establish procedures pursuant to Sections 22660 to 22663 of the Vehicle Code for the abatement, removal and disposal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts from private or public property, not including highways.
B.
Any vehicle or vehicle part located on property other than a highway may be removed as a public nuisance and disposed of in accordance with the following procedures:
1.
Not less than ten days prior to any removal or disposal of a vehicle, a notice of intention to abate and remove the vehicle as a public nuisance shall be issued, unless the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle. The notice shall contain a statement of the hearing rights of the owner of the vehicle and of the owner of the property on which the vehicle is located. The statement shall include notice to the property owner that he may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with reasons for such denial, in lieu of appearing. The notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.
2.
Upon request by the owner of the vehicle or the owner of the land on which the vehicle is located, a hearing shall be held before the city manager. This request shall be made to the city manager within ten days after the mailing of the notice of intention to abate and remove the vehicle. If such a request is not received within such period, then an order may be issued by the city manager, authorizing removal of the vehicle.
3.
The owner of the land on which the vehicle is located may appear in person at the hearing. Instead of making an appearance, a sworn written statement may be presented in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, with reasons for such denial. This statement shall be construed as a request for a hearing which does not require the presence of the owner submitting the request. This statement shall not be construed as determinative, but rather shall be regarded by the city manager as one factor for consideration at the hearing. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or collected from the landowner.
4.
No person shall reconstruct or make operable any vehicle removed under the provisions of this section, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable.
5.
This section shall not apply to (a) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or (b) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance as defined under provisions of law other than this section.
6.
After the public hearing is held pursuant to this section, the city manager may issue an order authorizing removal of the vehicle. After the city manager issues an order authorizing removal of the vehicle pursuant to this subparagraph or subparagraph 2 of this section, the vehicle may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site for processing as scrap, or other final disposition consistent with subparagraph 4 of this section.
7.
Notice shall be given to the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.
8.
The cost of removal and disposal of any vehicle and the administrative cost thereof may be charged against the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance.
9.
Provisions of this section shall be administered by regularly salaried full time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this section to examine a vehicle or parts thereof, and remove or cause to be removed the vehicle or parts thereof declared to be a public nuisance pursuant to this section.
(Ord. 3668 § 1, 1983; Ord. 3744 § 1, 1984; Ord. 4028 § 1, 1987)
If it is determined in accordance with Section 10.12.160 that the person responsible for maintenance of a vehicle as a public nuisance is the owner of the land, the city shall remove the vehicle or pay for its removal and prepare a report of the proceedings and an account of the cost on each separate property to be filed with the city clerk. The city shall then bill the owner of the land by mail for the cost of removal and disposal of the vehicle and for any administrative costs. The bill shall apprise the property owner that failure to pay the bill will result in a lien upon the property.
(Ord. 4028 § 2, 1987)
Where the full amount due the city is not paid by such owner within thirty days after the date of billing, the city clerk shall set the report and account for hearing by the city council at the first regular or adjourned regular meeting which will be held at least seven calendar days after such thirty-day period has expired. The city clerk shall post a copy of such report and account and a notice of the time and place of hearing in a conspicuous place at or near the entrance of the council chambers.
(Ord. 4028 § 2, 1987)
The city council shall consider the report and account at the time set for hearing, together with any objections or protests by interested parties. Any owner of land or person affected by the proposed charge may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the city council shall either approve the report and account as submitted, or as modified or corrected by the city council. The decision of the city council on the report and the charge, and on all protests or objections, shall be final and conclusive. The amounts so approved shall be charged to the property owner on the next regular tax bill, and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll, and thereafter such assessment shall constitute a special assessment against and a lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll.
(Ord. 4028 § 2, 1987)
All such assessments remaining unpaid after thirty days from the date of confirmation of the assessment by the city council shall become delinquent and shall bear interest at the rate of seven percent per year from and after such date.
(Ord. 4028 § 2, 1987)