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Chapter 10.08 ADMINISTRATION AND ENFORCEMENT



Chapter 10.08 ADMINISTRATION AND ENFORCEMENT

Article ITraffic Administration

10.08.010 Police administration.

10.08.020 Duty of Traffic Division.

10.08.030 Traffic accident studies.

10.08.040 Traffic accident reports.

10.08.050 Traffic Division to submit annual traffic safety report.

10.08.060 Duties of Traffic Engineer.

10.08.070 Regulation of speed by traffic signals.

Article II Enforcement and Obedience to Traffic Regulations

10.08.080 Authority of Police and Fire Department officers and members.

10.08.100 Obedience to Fire Department officials.

10.08.110 Persons other than officials shall not direct traffic.

10.08.120 Public employees to obey traffic regulations.

10.08.130 Exemptions to certain vehicles.

10.08.140 Report of damage to certain property.

Article III Penalties

10.08.160 Penalties.

10.08.170 Penalties for violations of Section 10.12.110 and Chapters 10.24, 10.28, 10.40 and 10.56.

Article ITraffic Administration

10.08.010 Police administration.

There is established in the Police Department a Traffic Division to be under the control of an officer of the Police Department designated by the Chief of Police. (Prior traffic code § 40)

10.08.020 Duty of Traffic Division.

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 this city and all 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 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 said Division. (Prior traffic code § 41)

10.08.030 Traffic accident studies.

Whenever the accidents at any particular location become numerous, the Traffic Division shall cooperate with the Traffic Engineer in conducting studies of such accidents and determining remedial measures. (Prior traffic code § 42)

10.08.040 Traffic accident reports.

The Traffic Division shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the Traffic Engineer. (Prior traffic code § 43)

10.08.050 Traffic Division to submit annual traffic safety report.

The Traffic Division shall annually prepare a traffic report which shall be filed with the City Council. Such report shall contain information on traffic matters in this 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 Division for future traffic safety activities. (Prior traffic code § 44)

10.08.060 Duties of Traffic Engineer.

It shall be the general duty of the Traffic Engineer, under this title, 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 investigation of traffic conditions, and to cooperate with other city officials in the development of ways and means to improve traffic conditions, and to perform such other duties hereunder as may be required by the City Manager. (Prior traffic code § 45)

10.08.070 Regulation of speed by traffic signals.

The Traffic Engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections, and may erect appropriate signs giving notice thereof. (Prior traffic code § 46)

Article II Enforcement and Obedience to Traffic Regulations

10.08.080 Authority of Police and Fire Department officers and members.

A. It shall be the duty of the officers of the Police Department, or such officers as are assigned by the Chief of Police, to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.
B. Officers of the Police Department, or such officers as are assigned by the Chief of Police, are authorized to direct all traffic by voice, hand or 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.
C. Officers and members of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
D. Civilian employees of the city, when designated by the Chief of Police, shall enforce those provisions of the Oakland Traffic Code and the State Vehicle Code relating to the standing or parking of vehicles that legally may be enforced by persons other than peace officers.
E. Officers, inspectors and engineers of the Fire Department, as designated by the Director of Fire Services, may enforce Vehicle Code Sections 21708, Fire Hoses, and 22514, Fire Hydrants. (Prior traffic code § 50)

10.08.100 Obedience to Fire Department officials.

No person shall wilfully fail or refuse to comply with any lawful order of a member of the Fire Department when directing traffic. (Ord. 12607 § 2 (part), 2004: Prior traffic code § 52)

10.08.110 Persons other than officials shall not direct traffic.

No person other than an officer of the Police Department, or a person authorized by the Chief of Police or person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal (except that persons may operate any mechanical pushbutton signal erected by order of the Traffic Engineer). (Prior traffic code § 53)

10.08.120 Public employees to obey traffic regulations.

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 state statute. (Prior traffic code § 54)

10.08.130 Exemptions to certain vehicles.

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 Departments, 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 consequences of his or her 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 work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. (Prior traffic code § 55)

10.08.140 Report of damage to certain property.

A. 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 (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 driving or in charge of, such vehicle or animal, the license number of every such vehicle, and shall briefly describe the property damage in such accident.
C. A driver involved in an accident shall not be subject to the requirements or penalties of this section 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 in subsection A of this section within twenty-four (24) hours after regaining ability to make such report. (Prior traffic code § 56)

Article III Penalties

10.08.160 Penalties.

Every person convicted of an infraction for a violation of this title shall be punished upon a first conviction by a fine not exceeding fifty dollars ($50.00) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100.00) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars ($250.00). (Prior traffic code § 10)

10.08.170 Penalties for violations of Section 10.12.110 and Chapters 10.24, 10.28, 10.40 and 10.56.

Every person convicted of a misdemeanor for violation of any of the provisions of Section 10.12.110 and Chapters 10.24, 10.28, 10.40 and 10.56, except where a different penalty is expressly provided in said articles, shall be punished upon a first conviction by a fine not exceeding fifty dollars ($50.00) or more or by imprisonment in the city jail or in the county jail for not exceeding five days, and for a second conviction within a period of one year by a fine of not exceed one hundred dollars ($100.00), or by imprisonment in the city jail or in the county jail for not exceeding ten days, or by both such fines and imprisonment, and for a third or any subsequent conviction within said period of one year by a fine of not exceeding five hundred dollars ($500.00), or by imprisonment in the city jail or in the county jail for not exceeding six months, or by both such fine and imprisonment. (Prior traffic code § 11)