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)