CHAPTER 9.
VEHICULAR TRAFFIC AND PARKING*

*    Editor’s Note: The former provisions of Title 4, Chapter 9, on traffic, were repealed by Sec. 2 of Ord. 91-02, eff. May 16, 1991. These provisions derived from Secs. 1-24, 28, 30, 32, 33, 35 and 36 of Ord. 211, and Ords. 234, 256, 265, 274, 303, 357, 421, 423, 430, 434, 435, 444, 474, 476, 479, 483, 490, 492, 494, 500, 504, 508, 514, 515, 67-02, 67-03, 68-04, 70-07, 71-04, 71-09, 77-04, 77-09, 77-014, 78-09, 78-017, 80-011, 80-012 and 81-09.

    See also Section 4-9.27, however, which readopts certain previously effective regulations.

Sections:

4-9.01    Transportation Committee – Duties, Membership, and Procedures

4-9.02    –

4-9.14    Repealed by Ord. 20-001

4-9.15    Street Sweeping

4-9.16    Commercial Vehicles Parked in Residential Zones

4-9.17    Restricted Parking Zones

4-9.18    Vehicles Left Standing upon City Streets

4-9.19    Angle or Perpendicular Parking

4-9.20    Authority of Police to Direct Traffic

4-9.21    Vehicles Blocking Street

4-9.22    Designation, Placement, and Maintenance of Signs and Signals

4-9.23    Crosswalk Painting

4-9.24    Unauthorized Barriers, Traffic Control Devices, and Signs

4-9.25    Tampering with Signs or Signals

4-9.26    Through-Traffic Routes for Heavy Vehicles

4-9.27    Existing Traffic and Parking Regulations

4-9.28    Parking Prohibited on Narrow Streets

4-9.29    Stopping or Parking Prohibited – Signage Required

4-9.30    Ignition Keys

4-9.31    Parking Prohibited – Unattached Trailers

4-9.32    Parking Prohibited – Tall Vehicles

4-9.33    Bus Zones

4-9.34    Parking Prohibited – Vehicle Stands

4-9.35    Administrative Fees

4-9.36    Vehicle Operation and Parking Violation Revenues and Forfeitures

4-9.37    Traffic Control Signs Required for Enforcement Purposes

4-9.38    Enforcement and Fines

4-9.39    Speed Limits

4-9.01 Transportation Committee – Duties, Membership, and Procedures.

(a)    Duties. The Transportation Committee shall forward proposed actions to the City Council regulating vehicular traffic and parking upon the City streets and publicly controlled off-street parking facilities in a manner consistent with the provisions of this chapter, and advise the City Council on other matters related to Public Works.

(b)    Membership.

(1)    The members of the Transportation Committee shall be two (2) City Councilmembers appointed by the City Council.

(2)    The City Manager, Chief of Police, Chief of Fire, and Director of Public Works, or in the event of their absence a staff member from his or her department to serve in his or her place, shall attend all meetings of the Committee.

(c)    Meetings. The Transportation Committee shall hold regular meetings on a monthly basis. Special meetings may be held as directed by the Committee Chairperson.

(d)    Committee Recommendations. Recommendations of the Transportation Committee shall be forwarded to the City Council to be placed on the administrative agenda of the City Council for consideration and adoption before any nonemergency recommendation is implemented.

(e)    Council Action. The City Council may take any action to regulate traffic or parking in the City of Emeryville without a recommendation from the Transportation Committee.

(f)    Regulated Street Parking Inventory. The Department of Public Works shall maintain an inventory of all City streets regulated for parking purposes. The inventory shall be updated to remain consistent with the actions and resolutions of the City Council. Amendments to the Regulated Street Parking Inventory shall not require amendment to the enabling ordinance codified in this chapter.

(g)    Regulated Off-Street Parking Facilities Inventory. The Department of Public Works shall maintain an inventory of all publicly controlled off-street parking facilities regulated for parking purposes. The inventory shall be updated to remain consistent with the actions and resolutions of the City Council. Amendments to the Regulated Off-Street Parking Facilities Inventory shall not require amendment to the enabling ordinance codified in this chapter.

(h)    Traffic Signs and Signals Inventory. The City Department of Public Works shall maintain an inventory of all traffic signs, signals and painted curbs regulating traffic upon City streets. The inventory shall be updated to remain consistent with the actions and resolutions of the City Council. Amendments to the Traffic Signs and Signals Inventory shall not require amendment to the enabling ordinance codified in this chapter.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 2, Ord. 96-008, eff. Sept. 19, 1996: Sec. 2 (part), Ord. 07-002, eff. Feb. 8, 2007; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010; Sec. 2 (part), Ord. 12-009, eff. July 5, 2012; Sec. 2, Ord. 20-022, eff. Oct. 15, 2020

)

4-9.02 Parking Meter Zones – Establishment Authority.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.03 Parking Meter Zones – Designation.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.04 Parking Meter – Defined.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.05 Parking Meter – Installation.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.06 Parking Meter – Use Required.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.07 Parking Meter – Overparking.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.08 Parking Meter – Parking Within Lines and Markings.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.09 Parking Meter – Holidays.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.10 Parking Meter – Temporary Suspension.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.11 Parking Meter – Substitute Coins.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.12 Parking Meter – Tampering Prohibited.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.13 Parking Meter – Issuance of Covers.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.14 Parking Meter – Allocation and Expenditure of Funds.

Repealed by Sec. 2 (part), Ord. 20-001, eff. Mar. 19, 2020.

4-9.15 Street Sweeping.

(a)    Limited No Parking Zones. The Transportation Committee, with the consent of the City Council, shall designate no parking zones upon City streets during specified days and hours in order to facilitate street sweeping for sanitation purposes.

(b)    If a street or any portion of a street is designated as a limited no parking zone during specific days and hours for street sweeping purposes, that designation shall be properly posted to alert the public of the no parking designation.

(c)    It shall be unlawful to park upon a City street in a limited no parking zone established to facilitate street sweeping during those days and hours designated upon a posted sign.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991: Sec. 2 (part), Ord. 07-002, eff. Feb. 8, 2007; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.02)

4-9.16 Commercial Vehicles Parked in Residential Zones.

(a)    Residential Zones. The Transportation Committee is authorized, with the consent of the City Council, to designate specific streets as residential parking zones. This designation is appropriate when the structures fronting the street are used primarily for residential purposes.

(b)    Parking of Commercial Vehicles. The Transportation Committee is authorized, with the consent of the City Council, to prohibit the parking of vehicles registered for commercial use upon City streets for a period longer than twelve (12) consecutive hours in designated residential parking zones if the manufacturer’s gross vehicle weight rating of the vehicle exceeds five thousand (5,000) pounds. The zone designation and prohibition on commercial vehicle parking shall be posted to alert the public of the prohibition on the parking of commercial vehicles.

(c)    It shall be unlawful for an operator to park a vehicle exceeding five thousand (5,000) pounds in weight and registered for commercial use in a posted residential parking zone.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991: Sec. 2 (part), Ord. 07-002, eff. Feb. 8, 2007; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.03)

4-9.17 Restricted Parking Zones.

(a)    No Parking Zones.

(1)    The Transportation Committee is authorized, with the consent of the City Council, to designate any City street or publicly controlled off-street parking facility or any part of a City street or publicly controlled off-street parking facility as a no parking zone. The curbs of no parking zones shall be marked red by the City Department of Public Works to alert the public that parking is not permitted.

(2)    It shall be unlawful for any operator to stop or to park any vehicle in a designated no parking zone.

(b)    Loading Zones.

(1)    The Transportation Committee is authorized, with the consent of the City Council, to designate any part of any City street or publicly controlled off-street parking facility as a loading zone. The curbs of loading zones shall be marked yellow by the City Department of Public Works to alert the public that parking is permitted for the loading and unloading of persons or property only.

(2)    It shall be unlawful for any operator to stop or park any vehicle in a designated loading zone for purposes other than the loading or unloading of persons or property or to remain in excess of ten (10) minutes unless another time limit for loading, as adopted by the City Council, is posted.

(c)    Limited Duration Parking Zones.

(1)    The Transportation Committee, with the consent of the City Council, is authorized to designate any street or publicly controlled off-street parking facility or any portion of any street or publicly controlled off-street parking facility as a limited duration parking zone. The Department of Public Works shall mark the curbs of limited duration parking zones green.

(2)    Upon designating a limited duration parking zone, the Transportation Committee shall recommend to the City Council the appropriate duration of parking time to be allowed at the designated location. This time limit as adopted by the City Council shall be included on signage and/or markings posted to alert the public that parking is permitted in that location for a limited time only.

(3)    It shall be unlawful for an operator to park any vehicle in a limited duration parking zone for a period in excess of the posted time limit.

(d)    Disabled Persons Parking Zones.

(1)    The Transportation Committee, with the consent of the City Council, is authorized to designate any part of any street or publicly controlled off-street parking facility a disabled persons parking zone. Only operators of vehicles displaying a valid permit or distinguishing license plate issued to disabled persons by the Department of Motor Vehicles shall park in a disabled parking zone. The Department of Public Works shall mark the curbs of disabled parking zones blue, and signs shall be posted to alert the public that only properly authorized disabled persons shall be permitted to park in such locations.

(2)    It shall be unlawful for an operator to park any vehicle in a disabled parking zone unless that vehicle displays a valid permit or distinguishing license plate issued to a person with a disability by the Department of Motor Vehicles.

(e)    Interference with Parking Enforcement. It shall be unlawful to remove or alter any marking placed upon a vehicle by a Police or Parking Enforcement Officer for the purpose of enforcing the parking regulations of this chapter.

(f)    Posting of Parking Restriction by Signs or Markings. Signs and/or markings shall be posted by the Department of Public Works to alert the public of the restricted parking zones authorized under this section within the restricted parking zone and not less than seventy-five feet (75') apart.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991: Sec. 2 (part), Ord. 07-002, eff. Feb. 8, 2007; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010; Sec. 2 (part), Ord. 12-009, eff. July 5, 2012. Formerly 4-9.04)

4-9.18 Vehicles Left Standing upon City Streets.

Any officer or duly authorized personnel of the Emeryville Police Department may remove or cause to be removed:

(a)    Vehicles Left More Than Seventy-Two (72) Hours. Any vehicle that has been left parked or left standing upon a City street or highway for seventy-two (72) or more consecutive hours is subject to removal.

(b)    Vehicles Parked in Violation of Posted Regulations. Any vehicle left parked or left standing in violation of posted parking regulations is subject to removal when those posted regulations indicate that violating vehicles are subject to removal.

(c)    Vehicles Parked in Violation of Temporary Parking Regulations. Any vehicle left parked or left standing upon a street or highway where the use of such street or highway or portion thereof is necessary for the 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, is subject to removal; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to removal. The Police Department and/or Department of Public Works are authorized to place signs giving notice of removal in order to carry out the purposes of this section.

(d)    Vehicles Parked in a Manner Which Threatens Public Safety. Any vehicle left parked or left standing in a manner which threatens the public safety is subject to removal.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.05)

4-9.19 Angle or Perpendicular Parking.

(a)    Where permitted, the Transportation Committee is authorized, with the consent of the City Council, to designate streets upon which angle parking shall be permitted. Angle parking shall not be permitted where:

(1)    Angle or perpendicular parking would diminish the width of the street available for travel to less than twenty feet (20'); or

(2)    There is less than thirty feet (30') of street between the curb and the nearest rail or streetcar track; or

(3)    The street is a continuation of a State highway or County truck line, unless a clear width of forty feet (40') is left for the movement of vehicles when angle parking is permitted.

(b)    Designating Lines. The Department of Public Works shall paint white lines designating angle or perpendicular parking spaces consistent with the actions of the City Council.

(c)    Unlawful Parking. It shall be unlawful for any operator to park any vehicle in a manner inconsistent with the properly marked angle or perpendicular parking lines designated by the City Council consistent with this section.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.06)

4-9.20 Authority of Police to Direct Traffic.

Officers of the Emeryville Police Department are authorized to direct all traffic by means of visible or audible signal. When the traffic directions of an Emeryville Police Officer are inconsistent with other posted traffic directions, signs, or signals, persons must follow the direction of the Emeryville Police Officer. It shall be unlawful for any person to fail to comply with the traffic directions of an Emeryville Police Officer.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.07)

4-9.21 Vehicles Blocking Street.

It shall be unlawful for the operator of any train, truck, or other vehicle to stop or park in such manner as to block or impede the flow of traffic.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.08)

4-9.22 Designation, Placement, and Maintenance of Signs and Signals.

(a)    Designation and Placement. The Transportation Committee, with the consent of the City Council, is authorized to determine and designate the character and placement of all signs and signals regulating vehicle and pedestrian traffic upon City streets.

(1)    It shall be unlawful to disobey any properly posted sign or signal regulating traffic upon the City streets.

(b)    Maintenance. The Department of Public Works shall be responsible for the installation of all traffic signs and signals authorized by the City Council. All signs and signals shall be included in the Traffic Signs and Signals Inventory maintained by the Department of Public Works.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.09)

4-9.23 Crosswalk Painting.

The Traffic Committee, with the consent of the City Council, is authorized to designate crosswalks to be painted upon City streets. The Department of Public Works shall install and maintain painted crosswalks upon the City streets.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.10)

4-9.24 Unauthorized Barriers, Traffic Control Devices, and Signs.

It shall be unlawful for any person, business, or utility company to post, erect, or place any barrier, traffic control device, or sign which attempts to regulate traffic or parking upon City streets or publicly controlled off-street parking facility without the proper authorization of the City Council, unless the authority of that person, business, or utility company to regulate traffic or parking is provided for by other ordinance or State law. Unauthorized signs and signals attempting to regulate traffic or parking are subject to immediate removal by the City as a public nuisance.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010; Sec. 2 (part), Ord. 12-009, eff. July 5, 2012. Formerly 4-9.11)

4-9.25 Tampering with Signs or Signals.

It shall be unlawful for any person to deface, move, alter, interfere with, or otherwise tamper with any traffic or parking sign, signal, or curb marking authorized under this chapter.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.12)

4-9.26 Through-Traffic Routes for Heavy Vehicles.

(a)    Designation. The Traffic Committee, with the consent of the City Council, is authorized to designate by appropriate signs through-traffic routes for the movement of vehicles designed for carrying merchandise, freight, or material, and with a load capacity exceeding two (2) tons. The designated route shall be included in the Traffic Signs and Signals Inventory maintained by the Department of Public Works.

(b)    Compliance. When a heavy-vehicle traffic route is adopted under this section, it shall be unlawful for any vehicle carrying merchandise, freight, or material with a capacity of more than two (2) tons to drive on a traffic route other than that indicated by appropriate signs, unless deviation from the route is necessary for the loading or unloading of merchandise, freight, or material, except where permitted by other ordinance or State law.

(c)    Residential Streets. Commercial vehicles exceeding ten thousand (10,000) pounds in total weight shall not be permitted upon streets designated as “residential for heavy vehicle purposes” in the Traffic Signs and Signals Inventory maintained by the Department of Public Works except where permitted by other ordinance or State law.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.13)

4-9.27 Existing Traffic and Parking Regulations.

All parking zones, parking meters, other parking regulations, crosswalk markings, and traffic-regulating signs and signals authorized and lawfully erected under previously effective provisions of the Emeryville Town Code, Emeryville Municipal Code, and presently in effect as of the adoption of the ordinance codified in this chapter are hereby readopted by the Emeryville City Council. The Department of Public Works shall include these existing traffic and parking controls in the Regulated Street Parking Inventory and Traffic Signs and Signals Inventory.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.14)

4-9.28 Parking Prohibited on Narrow Streets.

(a)    The Transportation Committee, with the consent of the City Council, is authorized to designate the placement of signs or markings indicating no parking upon any street where the width of the roadway does not exceed twenty feet (20'), or upon the side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet (30') curb to curb.

(b)    When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.29 Stopping or Parking Prohibited – Signage Required.

The Transportation Committee, with the consent of the City Council, may appropriately sign or mark the following places, and when so signed or marked, no person shall stop, stand, or park a vehicle in any of said places:

(a)    At any place within twenty feet (20') of a point on the curb immediately opposite the mid-block end of a safety zone;

(b)    At any place within twenty feet (20') of an intersection, except that a bus may stop at a designated bus stop;

(c)    Within twenty feet (20') of the approach to any traffic signal, boulevard stop sign, or official electric flashing device;

(d)    At any place where it is determined necessary in order to eliminate unusual traffic hazard.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.30 Ignition Keys.

No person shall leave a motor vehicle, except a commercial vehicle, unattended on any street, alley, or unattended parking lot without first stopping the engine, locking the ignition and removing the ignition key therefrom; provided, however, that any violation of these provisions shall not mitigate the offense of stealing such motor vehicle nor shall such violation be used to effect a recovery in any civil or criminal action for theft of such motor vehicle, or the insurance thereon, or have any other bearing on any civil or criminal action.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.31 Parking Prohibited – Unattached Trailers.

(a)    The Transportation Committee, with the consent of the City Council, is authorized to place signs indicating no parking of unattached trailers upon any street or publicly controlled off-street parking facility or portion of any street or publicly controlled off-street parking facility when it is determined that the parking of unattached trailers is creating a nuisance, blight, or hazard.

(b)    When official signs prohibiting unattached trailer parking are erected upon any street or publicly controlled off-street parking facility or portion of any street or publicly controlled off-street parking facility as authorized herein, no person shall park an unattached trailer at any time upon any such street or publicly controlled off-street parking facility or portion of any such street or publicly controlled off-street parking facility in violation of any such sign.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010; Sec. 2 (part), Ord. 12-009, eff. July 5, 2012)

4-9.32 Parking Prohibited – Tall Vehicles.

(a)    The Transportation Committee, with the consent of the City Council, is authorized to place signs indicating no parking of vehicles which are six feet (6') or more in height (including any load thereon) within one hundred feet (100') of any intersection upon any street when it is determined that the parking of the tall vehicles is creating a hazard.

(b)    When official signs prohibiting tall vehicle parking are erected upon any street as authorized herein, no person shall park a vehicle which is six feet (6') or more in height (including any load thereon) within one hundred feet (100') of any intersection in violation of any such sign.

(c)    The provisions of this section shall not apply to the driver or owner of any service vehicle owned or operated by or for or operated under contract with a utility or public utility, whether privately, municipally, or publicly owned, used in the construction, operation, removal, or repair of utility or public utility property or facilities, if warning devices are displayed and when the vehicle is stopped, standing, or parked at the site of work involving the construction, operation, removal, or repair of the utility or public utility property or facilities upon, in, over, under, or adjacent to a street, whether privately, municipally, or publicly owned, if warning devices are displayed and when the vehicle is engaged in authorized work on the street.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.33 Bus Zones.

(a)    The Transportation Committee, with the consent of the City Council, is authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.

(b)    The word “bus” as used in this section means any motorbus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.

(c)    No bus zone shall exceed sixty feet (60') in length, except that when satisfactory evidence has been presented to the Transportation Committee showing the necessity thereof, the Transportation Committee may extend such bus zones. However, any extension must not exceed a total length of any one (1) city block.

(d)    Bus zones shall be indicated by painting the curb red or by the erection of appropriate signs or both.

(e)    No person shall stop, stand, or park any vehicle except a bus in a bus zone.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.34 Parking Prohibited – Vehicle Stands.

It is unlawful for the driver of any vehicle, other than the driver of a public motor vehicle for which a stand has been issued, to park or leave standing such vehicle in any public motor vehicle stand. All such stands shall be distinctly identified as such.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.35 Administrative Fees.

In lieu of collecting a fine for a citation for failure to display a disabled placard, where required, an administrative fee of twenty-five dollars ($25.00) will be required to process cancellation of a citation in any case where the individual who received the citation can show proof that he or she had been issued a valid placard at the time the citation was issued.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.36 Vehicle Operation and Parking Violation Revenues and Forfeitures.

All moneys, fines or forfeitures from conviction, or forfeitures of bail collected from the enforcement of the regulations contained in this chapter relating to the operation of vehicles and parking of vehicles, except parking meter allocations on private property, shall be deposited into the General Fund. These deposits shall be designated in the General Fund as having originated from fines and forfeitures resulting from violations of the regulations contained in this chapter, in accordance with generally accepted accounting principles.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.15)

4-9.37 Traffic Control Signs Required for Enforcement Purposes.

No provision of the California Vehicle Code (CVC) or of this title for which signage is required shall be enforced against an alleged violator unless appropriate signage is in place and is sufficiently legible to be seen by an ordinarily observant person, giving notice of such provisions of the traffic laws.

(Sec. 3 (part), Ord. 10-008, eff. May 20, 2010)

4-9.38 Enforcement and Fines.

(a)    Enforcement. A Police Officer or duly authorized personnel of the Emeryville Police Department shall enforce the provisions of this chapter. Upon finding a vehicle parked in violation of this chapter, the officer shall take the number of the parking meter, if applicable, state the vehicle license of the vehicle, the time and date of the illegal parking, and the make of the vehicle and issue, in writing, a citation for illegal parking.

(b)    Fines and penalties for violations of this chapter shall be established by resolution of the Emeryville City Council.

(c)    If the City is requested to institute an action to collect a fine or penalty for violation of the chapter, the City shall be entitled to recover all costs and reasonable attorney’s fees incurred in such action.

(Sec. 2 (part), Ord. 91-02, eff. May 16, 1991; Sec. 3 (part), Ord. 10-008, eff. May 20, 2010. Formerly 4-9.16)

4-9.39 Speed Limits.

(a)    State Speed Laws Applicable. The State traffic laws regulating the speed of vehicles shall be applicable upon all streets within this City, except as this chapter, as authorized by State law, declares and determines upon the basis of an engineering and traffic survey that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice thereof.

(b)    Maximum Speed Determination.

(1)    Upon the basis of an engineering and traffic survey, the Emeryville City Council by ordinance may determine the maximum speed limits of any streets within City limits.

(2)    Speed limits established pursuant to this section shall be applicable at all or such times as shall be indicated by official traffic control devices.

(c)    Decrease of State Law Maximum Speed. It is hereby determined upon the basis of an engineering speed survey that the speed permitted by State law outside of business and residence districts as applicable upon certain of those streets or portions thereof described in subsection (f) of this section is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in subsection (f) of this section shall be as therein stated, which speeds so declared shall be effective when signs are erected giving notice thereof.

(d)    Authority. Every police officer and those nonsworn employees of the Emeryville Police Department charged with the enforcement of traffic and parking laws within this City shall have the authority to use a device known as a photo radar unit. A photo radar unit detects and records information on every vehicle that passes a particular roadway location while exceeding a certain speed limit.

(e)    Regulation of Speed by Traffic Signals. The City 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.

(f)    Speed Limits. When signs are erected giving notice thereof, the prima facie speed limit shall be as set forth in this section upon the following streets or portions of streets:

Name of Street

Portion of Street Affected (limits thereof)

Prima Facie Speed Limit (mph)

Hollis Street

67th Street to Powell Street

25

Hollis Street

Powell Street to Yerba Buena Avenue

30

Powell Street

Exit of Driveway of 3306 Powell Street to I-80 Frontage Road

30

Horton Street

62nd Street to 40th Street

25

40th Street

East Abutment of 40th Street Bridge to San Pablo Avenue

30

Shellmound Street

67th Street to Christie Avenue

25

Shellmound Street

Christie Avenue to East Abutment of 40th Street Bridge

30

Christie Avenue

65th Street to Powell Street

25

Christie Avenue

Powell Street to Shellmound Street

25

(Sec. 1, Ord. 18-001, eff. Feb. 15, 2018)