Chapter
23
TRAFFIC
ARTICLE
I
MODEL
TRAFFIC ORDINANCE
DIVISION
1. DEFINITIONS
ARTICLE I OF THIS CHAPTER IS THE MODEL TRAFFIC ORDINANCE AS
PROVIDED BY SECTIONS 300.010 THROUGH 300.600 OF THE REVISED
STATUES OF THE STATE OF MISSOURI AND ADOPTED BY THE CITY OF ST.
JAMES, MISSOURI BY ORDINANCE 377 OF THE MUNICIPAL CODE.
Sec.
23-1. Definitions.
The following words and phrases when used in this Ordinance,
mean:
(1a) All Terrain Vehicle (ATV) shall mean a motorized vehicle having three, four or six wheels with tires designed for off road driving. (Ord. 827)
(1b) All Terrain Vehicle (ATV) - non-licensed shall mean a vehicle that is not subject to licensing and registration laws of the state of Missouri. (Ord. 827)
(1) Alley or alleyway
- Any street with a roadway of less than twenty feet in width.
(Ord. 377, §1.)
(2) Authorized emergency vehicle -
A vehicle publicly owned and operated as an ambulance, or a
vehicle publicly owned and operated by the state highway patrol,
police or fire department, sheriff or constable or deputy
sheriff, traffic officer or any privately owned vehicle operated
as an ambulance when responding to emergency calls. (Ord.
377, §1.)
(3) Business district - The
territory contiguous to and including a highway when within any
six hundred feet along the highway there are buildings in use for
business or industrial purposes, including but not limited to
hotels, banks, or office buildings, railroad stations and public
buildings which occupy at least three hundred feet of frontage on
one side or three hundred feet collectively on both sides of the
highway. (Ord. 377, §1.)
(4) Central business (or traffic) district
- All streets and portions of streets within the area
described by City Ordinance as such. (Ord. 377, §1.)
(5) Commercial vehicle - Every
vehicle designed, maintained, or used primarily for the
transportation of property. (Ord. 377, §1.)
(6) Controlled access highway -
Every highway, street or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in
such manner as may be determined by the public authority having
jurisdiction over the highway, street or roadway. (Ord. 377,
§1.)
(7) Crosswalk - (a) That
part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs, or in the absence
of curbs from the edges of the traversable roadway.
(b) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface. (Ord. 377, §1.)
(8) Curb loading zone - A space
adjacent to a curb reserved for the exclusive use of vehicles
during the loading or unloading of passengers or materials.
(Ord. 377, §1.)
(9) Driver - Every person who
drives or is in actual physical control of a vehicle. (Ord.
377, §1.)
(10) Freight curb loading zone -
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight (or passengers).
(Ord. 377, §1.)
(11) Highway - The entire width
between the boundary lines of every way publicly maintained when
any part thereof is open to the use of the public for purposes of
vehicular travel. (Ord. 377, §1.)
(12) Intersection - (a) The area
embraced within the prolongation or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the
roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles
traveling upon different highways joining at any other angle may
come in conflict.
(b) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be regarded as a
separate intersection. In the event such intersecting
highway also includes two roadways thirty feet or more apart,
then every crossing of two roadways of such highways shall be
regarded as a separate intersection. (Ord. 377, §1.)
(13) Laned roadway - A roadway
which is divided into two or more clearly marked lanes for
vehicular traffic. (Ord. 377, §1.)
(14) Motor vehicle - Any
self-propelled vehicle not operated exclusively upon tracks,
except farm tractors. (Ord. 377, §1.)
(15) Motorcycle - Every motor
vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with
the ground, but excluding a tractor. (Ord. 377, §1.)
(15a) Motorized bicycle shall mean any vehicle having two or three wheels propelled by an engine with not more than fifty cubic centimeters of cylinder capacity and producing not more than three gross brake horse power, and is capable of propelling the vehicle at a maximum speed of not more than thirty miles per hour on level ground. (Ord. 827)
(16) Official time
standard - Whenever certain hours are named herein they shall
mean standard time or daylight-saving time as may be in current use in the city.
(Ord. 377, §1.)
(17) Official traffic control devices -
All signs, signals, markings and devices not inconsistent with
this Ordinance placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating,
warning or guiding traffic. (Ord. 377, §1.)
(18) Park or parking - The
standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers. (Ord. 377,
§1.)
(19) Passenger curb loading zone -
A place adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers. (Ord.
377, §1.)
(20) Pedestrian - Any person
afoot. (Ord. 377, §1.)
(21) Person - Every natural
person, firm, copartnership, association or corporation. (Ord.
377, §1.)
(22) Police officer - Every
officer of the municipal police department or any officer
authorized to direct or regulate traffic or to make arrests for
violations of traffic regulations. (Ord. 377, §1.)
(23) Private road or driveway -
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied
permission from the owner, but not by other persons. (Ord.
377, §1.)
(24) Railroad - A carrier of
persons or property upon cars, other than streetcars, operated
upon stationary rails. (Ord. 377, §1.)
(25) Railroad train - A steam
engine, electric or other motor, with or without cars coupled
thereto, operated upon rails, except streetcars. (Ord. 377,
§1.)
(26) Residence district - The
territory contiguous to and including a highway not comprising a
business district when the property on such highway for a
distance of three hundred feet or more is in the main improved
with residences or residences and buildings in use for business.
(Ord. 377, §1.)
(27) Right of way - The right of
one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under
such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the
other. (Ord. 377, §1.)
(28) Roadway - That portion of a
highway improved, designed or ordinarily used for vehicular
travel, exclusive of the berm or shoulder. In the event a
highway includes two or more separate roadways the term "roadway"
as used herein shall refer to any such roadway separately but not
to all such roadways collectively. (Ord. 377, §1.)
(29) Safety zone - The
area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone. (Ord. 377, §1.)
(30) Sidewalk - That portion of
a street between the curb lines, or the lateral lines of a
roadway, and the adjacent property lines, intended for use of
pedestrians. (Ord. 377, §1.)
(31) Stand or standing - The
halting of a vehicle, whether occupied or not, otherwise than for
the purpose of and while actually engaged in receiving or
discharging passengers. (Ord. 377, §1.)
(32) Stop - When required,
complete cessation from movement. (Ord. 377, §1.)
(33) Stop or stopping - When
prohibited, any halting even momentarily of a vehicle, whether
occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police
officer or traffic control signs or signal. (Ord. 377, §1.)
(34) Street or highway - The
entire width between the lines of every way publicly maintained
when any part thereof is open to the uses of the public for
purposes of vehicular travel. State Highway -
a highway maintained by the State of
(35) Through highway - Every
highway or portion thereof on which vehicular traffic is given
preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law
to yield right-of-way to vehicles on such through highway in
obedience to either a stop sign or a yield sign, when such signs
are erected as provided in this Ordinance. (Ord. 377, §1.)
(36) Traffic - Pedestrians,
ridden or herded animals, vehicles, streetcars and other
conveyances either singly or together while using any highway for
purposes of travel. (Ord. 377, §1.)
(37) Traffic control signal -
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed. (Ord. 377, §1.)
(38) Traffic Division - The
traffic division of the police department of the city, or in the
event a traffic division is not established, then said term
whenever used herein shall be deemed to refer to the police
department of the city. (Ord. 377, §1.)
(39) Vehicle - Every device in,
upon or by which any person or property is or may be transported
or drawn upon a highway, excepting devices moved by human power
or used exclusively upon stationary rails or tracks. (Ord.
377, §1.)
Secs.
23-2 to 23-6. Reserved.
DIVISION
2. TRAFFIC ADMINISTRATION
Sec.
23-7. Police administration.
There is established in the police department of each city
adopting this Ordinance a traffic division to be under the
control of an officer of police appointed by and directly
responsible to the chief of police. (Ord. 377, §1.)
Sec.
23-8. Duty of traffic division.
The traffic division with such aid as may be rendered by
other members of the police department shall 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 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 Ordinance and
the traffic ordinances of the city. (Ord. 377, §1.)
Sec.
23-9. Records of traffic violations.
(a) The police department or the traffic division
thereof shall keep a record of all violations of the traffic
ordinances of the city or of the State vehicle laws of which any
person has been charged, together with a record of the final
disposition of all such alleged offenses. Such record shall
be so maintained as to show all types of violations and the total
of each. Said record shall accumulate during at least a
five-year period and from that time on the record shall be
maintained complete for at least the most recent five-year period.
(b) All forms for records of violations and notices
of violations shall be serially numbered. For each month
and year a written record shall be kept available to the public
showing the disposal of all such forms.
(c) All such records and reports shall be public
records. (Ord. 377, §1.)
Sec.
23-10. Traffic division to investigate accidents.
It shall be the duty of the traffic division, assisted by
other police officers of the department, to investigate traffic
accidents, to arrest and to assist in the prosecution of those
persons charged with violations of law causing or contributing to
such accidents. (Ord. 377, §1.)
Sec.
23-11. Traffic accident studies.
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. (Ord. 377, §1.)
Sec.
23-12. Traffic accidents reports.
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.
Such reports shall be available for the use and information of
the city traffic engineer. (Ord. 377, §1.)
Sec.
23-13. Driver files to be maintained.
The police department or the traffic division thereof shall
maintain a suitable record of all traffic accidents, warnings,
arrests, convictions, and complaints reported for each driver,
which shall be filed alphabetically under the name of the driver
concerned. (Ord. 377, §1.)
Sec.
23-14. Traffic division to submit annual traffic safety
report.
The traffic division shall annually prepare a traffic report
which shall be filed with the mayor. Such 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 division for
future traffic safety activities. (Ord. 377, §1.)
Sec.
23-15. Traffic division
to designate method of identifying funeral
processions.
The traffic division shall designate a type of pennant or
other identifying insignia to be displayed upon, or other method
to be employed to identify, the vehicles in funeral processions.
(Ord. 377, §1.)
Sec.
23-16. City traffic engineer.
(a) The office of city traffic engineer is
established. The city engineer or other designated city
official shall serve as city traffic engineer in addition to his
other functions, and shall exercise the powers and duties with
respect to traffic as provided in this Ordinance.
(b) The city traffic engineer shall determine the
installation and proper timing and maintenance of traffic control
devices, conduct engineering analyses of traffic accidents and
devise remedial measures, conduct engineering investigation of
traffic conditions, plan the operation of traffic on the streets
and highways of the city, and cooperate with other city officials
in the development of ways and means to improve traffic
conditions, and carry out the additional powers and duties
imposed by ordinances of the city. (Ord. 377, §1.)
Sec.
23-17. Emergency and experimental regulations.
(a) The chief of police by and with the approval
of the city traffic engineer is hereby empowered to make
regulations necessary to make effective the provisions of the
traffic ordinances of the city and to make and enforce temporary
or experimental regulations to cover emergencies or special
conditions. No such temporary or experimental regulation
shall remain in effect for more than ninety days.
(b) The city traffic engineer may test traffic
control devices under actual conditions of traffic. (Ord.
377, §1.)
Sec.
23-18. Traffic commission established - Powers and duties.
(a) There is established a city traffic engineer
to serve without compensation, consisting of the city traffic
engineer, the chief of police or in his discretion as his
representative the chief of the traffic division, the chairman of
the city council traffic committee, and one representative each
from the city engineer's office and the city attorney's office
and such number of other city officers and representatives of
unofficial bodies as may be determined and appointed by the mayor.
The chairman of the commission shall be appointed by the mayor
and may be removed by him.
(b) It shall be the duty of the traffic commission,
and to this end it shall have the authority within the limits of
the funds at its disposal, to coordinate traffic activities, to
supervise the preparation and publication of traffic reports, to
receive complaints having to do with traffic matters, and to
recommend to the legislative body of the city and to the city
traffic engineer, the chief of the traffic division, and other
city officials ways and means for improving traffic conditions
and the administration and enforcement of traffic regulations.
(Ord. 377, §1.)
Secs.
23-19 to 23-23. Reserved.
DIVISION
3. ENFORCEMENT AND
OBEDIENCE
TO TRAFFIC REGULATIONS
Sec.
23-24. Authority of police and fire department officials.
(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 the city and all
of the state vehicle laws applicable to street traffic in the
city.
(b) Officers of the police department or such
officers as are assigned by the chief of police are hereby
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 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. (Ord. 377, §1.)
Sec.
23-25. Obedience to police and fire department officials.
No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer or fire department
official. (Ord. 377, §1.)
Sec.
23-26. Persons propelling push carts or riding animal to
obey traffic regulations.
Every person propelling any push cart or riding an animal
upon a roadway, and every person driving any animal-drawn
vehicle, shall be subject to the provisions of this Ordinance
applicable to the driver of any vehicle, except those provisions
of this Ordinance which by their very nature can have no
application. (Ord. 377, §1.)
Sec.
23-27. Use of coasters, roller skates and similar devices
restricted.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, or similar device, shall go upon any
roadway except while crossing a street on a cross walk and when
so crossing such person shall be granted all of the rights and
shall be subject to all of the duties applicable to pedestrians.
This section shall not apply upon any street while set aside as a
play street as authorized by ordinance of the city. (Ord.
377, §1.)
Sec.
23-28. Public employees to obey traffic regulations.
The provisions of this Ordinance shall apply to the driver of
any vehicle owned by or used in the service of the United States
government, this State, County, or City, and it shall be unlawful
for any said driver to violate any of the provisions of this
Ordinance, except as otherwise permitted in this Ordinance.
(Ord. 377, §1.)
Sec.
23-29. Authorized emergency vehicles.
(a) The driver of an authorized emergency
vehicle, when responding to an emergency call or when in the
pursuit of an actual or suspected violator of the law or when
responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this section, but subject to
the conditions herein stated.
(b) The driver of an authorized emergency vehicle
may;
(1) Park or stand, irrespective of the provisions of
this Ordinance;
(2) Proceed past a red or stop signal or stop sign,
but only after slowing down as may be necessary for safe
operation;
(3) Exceed the maximum speed limits so long as he
does not endanger life or property;
(4) Disregard regulations governing direction of
movement or turning in specified directions.
(c) The exemptions herein granted to an authorized
emergency vehicle shall apply only when the driver of any said
vehicle while in motion sounds audible signal by bell, siren, or
exhaust whistle as may be reasonably necessary, and when the
vehicle is equipped with at least one lighted lampdisplaying a
red light visible under normal atmospheric conditions from a
distance of five hundred feet to the front of such vehicle.
(d) The foregoing provisions shall not relieve the
driver of an authorized emergency vehicle from the duty to drive
with due regard for the safety of all persons, nor shall such
provisions protect the driver from the consequences of his
reckless disregard for the safety of others. (Ord. 377, §1.)
Sec.
23-30.,mOperation of vehicles on approach of authorized emergency
vehicles.
(a) Upon the immediate approach of an authorized
emergency vehicle making use of audible and visual signals
meeting the requirements of the laws of this State, or of a
police vehicle properly and lawfully making use of an audible
signal only:
(1) The driver of every other vehicle shall yield the
right of way and shall immediately drive to a position parallel
to, and as close as possible to, the right-hand edge or curb of
the roadway clear of any intersection and shall stop and remain
in such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer;
(2) Upon the approach of an authorized emergency
vehicle, as above stated, the motorman of every streetcar shall
immediately stop such car clear of any intersection and keep it
in such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the
driver of an authorized emergency vehicle from the duty to drive
with due regard for the safety of all persons using the highway.
(Ord. 377, §1.)
Sec.
23-31. Immediate notice of accident.
The driver of a vehicle involved in an accident resulting in
injury to or death of any person or total damage to all property
to an apparent extent of one hundred ($100.00) dollars or more
shall immediately by the quickest means of communication give
notice of such accident to the police department if such accident
occurs within the city. (Ord. 377, §1.)
Sec.
23-32. Written report of accident.
The driver of a vehicle which is in any manner involved in an
accident resulting in bodily injury to or death of any person or
total damage to all property to an apparent extent of one hundred
($100.00) dollars or more shall, within five days after such
accident, forward a written report of such accident to the police
department. The provisions of this section shall not be
applicable when the accident has been investigated at the scene
by a police officer while such driver was present thereat. (Ord.
377, §1.)
Sec.
23-33. When driver unable to report.
(a) Whenever the driver of a vehicle is
physically incapable of giving immediate notice of an accident as
required in section 23-31 and there was another occupant in the
vehicle at the time of the accident capable of doing so, such
occupant shall give, or cause to be given, the notice not given
by the driver.
(b) Whenever the driver is physically incapable of
making a written report of an accident as required in section 23-32
and such driver is not the owner of the vehicle, then the owner
of the vehicle involved in such accident shall within five days
after the accident make such report not made by the driver.
(Ord. 377, §1.)
Sec.
23-34. Public inspection of reports relating to accidents.
(a) All written reports made by persons involved
in accidents or by garages shall be without prejudice to the
individual so reporting and shall be for the confidential use of
the police department or other governmental agencies having use
for the records for accident prevention purposes, except that the
police department or other governmental agency may disclose the
identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his presence at
such accident.
(b) No written reports forwarded under the provisions
of this section shall be used as evidence in any trial, civil or
criminal, arising out of an accident except that the police
department shall furnish upon demand of any party to such trial,
or upon demand of any court, a certificate showing that a
specified accident report has or has not been made to the
department in compliance with law, and, if such report has been
made, the date, time and location of the accident, the names and
addresses of the drivers, the owners of the vehicles involved,
and the investigating officers. (Ord. 377, §1.)
Secs.
23-35 to 23-39. Reserved.
DIVISION
4. TRAFFIC CONTROL DEVICES
Sec.
23-40. Authority to install traffic control devices.
The city traffic engineer shall place and maintain traffic
control signs, signals, and devices when and as required under
the traffic ordinances of the city to make effective the
provisions of said Ordinances, and may place and maintain such
additional traffic control devices as he may deem necessary to
regulate traffic under the traffic ordinances of the city or
under State law or to guide or warn traffic. (Ord. 377, §1.)
Sec.
23-41. Manual and specifications for traffic control
devices.
All traffic control signs, signals and devices shall conform
to the manual and specifications approved by the state highway
commission or resolution adopted by the legislative body of the
city. All signs or signals required hereunder for a
particular purpose shall so far as practicable be uniform as to
type and location throughout the city. All traffic control
devices so erected and not inconsistent with the provisions of
this Ordinance shall be official traffic control devices. (Ord.
377, §1.)
Sec.
23-42. Obedience to traffic control devices.
The driver of any vehicle shall obey the instructions of any
official traffic control device applicable thereto placed in
accordance with the provisions of this Ordinance, unless
otherwise directed by a traffic or police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle
in this Ordinance. (Ord. 377, §1.)
Sec.
23-43. When official traffic control devices required for
enforcement purposes.
No provision of this Ordinance for which official traffic
control devices are required shall be enforced against an alleged
violator if at the time and place of the alleged violation an
official device is not in proper position and sufficiently
legible to be seen by an ordinarily observant person. Whenever
a particular section does not state that official traffic control
devices are required, such section shall be effective even though
no devices are erected or in place. (Ord. 377, §1.)
Sec.
23-44. Official traffic control devices - Presumption of
legality.
(a) Whenever official traffic control devices are
placed in position approximately conforming to the requirements
of this Ordinance, such devices shall be presumed to have been so
placed by the official act or direction of lawful authority,
unless the contrary shall be established by competent evidence.
(b) Any official traffic control device placed
pursuant to the provisions of this Ordinance and purporting to
conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this
Ordinance, unless the contrary shall be established by competent
evidence. (Ord. 377, §1.)
Sec.
23-45. Traffic control signal legend - Right turn on red
light, when.
Whenever traffic is controlled by traffic control signals
exhibiting different colored lights, or colored lighted arrows,
successively one at a time or in combination, only the colors
green, red and yellow shall be used, except for special
pedestrian signals carrying a word legend, and said lights shall
indicate and apply to drivers of vehicles and pedestrians as
follows:
(a) Green indication:
(1) Vehicular traffic facing a circular green signal
may proceed straight through or turn right or left unless a sign
at such place prohibits either such turn. But vehicular
traffic, including vehicles turning right or left, shall yield
the right-of-way to other vehicles and to pedestrians lawfully
within the intersection or an adjacent cross walk at the time
such signal is exhibited;
(2) Vehicular traffic facing a green arrow signal,
shown alone or in combination with another indication, may
cautiously enter the intersection only to make the movement
indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time. Such vehicular
traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent cross walk and to other traffic lawfully using
the intersection;
(3) Unless otherwise directed by a pedestrian control
signal as provided in section 23-46, pedestrians facing any green
signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked cross
walk.
(b) Steady yellow indication:
(1) Vehicular traffic facing a steady yellow signal
is thereby warned that the related green movement is being
terminated or that a red indication will be exhibited immediately
thereafter when vehicular traffic shall not enter the
intersection;
(2) Pedestrians facing a steady yellow signal, unless
otherwise directed by a pedestrian control signal as provided in
section 23-46, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway.
(c) Steady red indication:
(1) Vehicular traffic facing a steady red signal
alone shall stop before entering the cross walk on the near side
of the intersection or, if none, then before entering the
intersection and shall remain standing until a green indication
is shown; except as provided in paragraph (b) of this subdivision.
(2) The driver of a vehicle which is stopped as close
as practicable at the entrance to the crosswalk on the near side
of the intersection or, if none, than at the entrance to the
intersection in obedience to a red signal, may cautiously enter
the intersection to make a right turn but shall yield the right-of-way
to pedestrians and other traffic proceeding as directed by the
signal at the intersection, except that the state highway
commission with reference to an intersection involving a State
highway, and local authorities with reference to an intersection
involving other highways under their jurisdiction, may prohibit
any such right turn against a red signal at any intersection
where safety conditions so require, said prohibition shall be
effective when a sign is erected at such intersection giving
notice thereof;
(3) Unless otherwise directed by a pedestrian control
signal as provided in section 23-46, pedestrians facing a steady
red signal alone shall not enter the roadway.
(d) In the event an official traffic control signal
is erected and maintained at a place other than an intersection,
the provisions of this section shall be applicable except as to
those provisions which by their nature can have no application.
Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the
absence of any such sign or marking the stop shall be made at the
signal.
Sec.
23-46. Pedestrian control signals.
Whenever special pedestrian control signals exhibiting the
words "Walk" or "Don't Walk" are in place
such signals shall indicate as follows:
(a) Walk - Pedestrians facing
such signal may proceed across the roadway in the direction of
the signal and shall be given the right-of-way by the drivers of
all vehicles;
(b) "Wait" or "don't walk"
- No pedestrian shall start to cross the roadway in the
direction of such signal, but any pedestrian who has partially
completed his crossing on the walk signal shall proceed to a
sidewalk or safety zone while the wait signal is showing. (Ord.
377, §1.)
Sec.
23-47. Flashing signals.
(a) Whenever an illuminated flashing red or
yellow signal is used in a traffic sign or signal it shall
require obedience by vehicular traffic as follows:
(1) Flashing red (stop signal),
when a red lens is illuminated with rapid intermittent flashes,
drivers of vehicles shall stop before entering the nearest cross
walk at an intersection or at a limit line when marked, or if
none, then before entering the intersection, and the right to
proceed shall be subject to the rules applicable after making a
stop at a stop sign;
(2) Flashing yellow (caution
signal), when a yellow lens is illuminated with rapid
intermittent flashes, drivers of vehicles may proceed through the
intersection or past such signal only with caution.
(b) This section shall not apply at railroad grade
crossings. Conduct of drivers of vehicles approaching
railroad grade crossings shall be governed by the rules as set
forth in section 23-93 of this Ordinance. (Ord. 377,
§1.)
Sec.
23-48. Lane direction control signals.
When lane direction control signals are placed over the
individual lanes of a street or highway, vehicular traffic may
travel in any lane over which a green signal is shown, but shall
not enter or travel in any lane over which a red signal is shown.
(Ord. 377, §1.)
Sec.
23-49. Display of unauthorized signs, signals or markings.
No person shall place, maintain or display upon or in view of
any highway an unauthorized sign, signal, marking or device which
purports to be or is an imitation of or resembles an official
traffic control device or railroad sign or signal, or which
attempts to direct the movement of traffic, or which hides from
view or interferes with the effectiveness of any official traffic
control device or any railroad sign or signal. (Ord. 377,
§1.)
Sec.
23-50. Interference with official traffic control devices
or railroad signs or signals.
No person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official
traffic control device or any railroad sign or signal or any
inscription, shield or insignia thereon, or any other part
thereof. (Ord. 377, §1.)
Sec.
23-51. Authority to establish play streets.
The city traffic engineer shall have authority to declare any
street or part thereof a play street and to place appropriate
signs or devices in the roadway indicating and helping to protect
the same. (Ord. 377, §1.)
Sec.
23-52. Play streets.
Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of
vehicles having business or whose residences are within such
closed area, and then any said driver shall exercise the greatest
care in driving upon any such street or portion thereof. (Ord.
377, §1.)
Sec.
23-53. City traffic engineer to designate cross walks and
establish safety zones.
The city traffic engineer is hereby authorized:
(a) To designate and maintain, by appropriate
devices, marks, or lines upon the surface of the roadway, cross
walks at intersections where in his opinion there is particular
danger to pedestrians crossing the roadway, and at such other
places as he may deem necessary;
(b) To establish safety zones of such kind and
character and at such places as he may deem necessary for the
protection of pedestrians. (Ord. 377, §1.)
Sec.
23-54. Traffic lanes.
(a) The city traffic engineer is hereby
authorized to mark traffic lanes upon the roadway of any street
or highway where a regular alignment of traffic is necessary.
(b) Where such traffic lanes have been marked, it
shall be unlawful for the operator of any vehicle to fail or
refuse to keep such vehicle within the boundaries of any such
lane except when lawfully passing another vehicle or preparatory
to making a lawful turning movement. (Ord. 377, §1.)
Secs.
23-55 to 23-59. Reserved.
DIVISION
5. SPEED REGULATIONS
Sec.
23-60. State speed laws applicable.
(NOT ADOPTED) (See Article IV of this Chapter)
Sec.
23-61. Regulation of speed by traffic signals.
The city 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 shall erect appropriate signs giving notice
thereof. (Ord. 377, §1.)
Secs.
23-62 to 23-66. Reserved.
DIVISION
6. TURNING MOVEMENTS
Sec.
23-67. Required position and method of turning at
intersection.
The driver of a vehicle intending to turn at an intersection
shall do so as follows:
(a) Right turns - Both the
approach for a right turn and a right turn shall be made as close
as practicable to the right-hand curb or edge of the roadway.
(b) Left turns on two-way roadways -
At any intersection where traffic is permitted to move in
both directions on each roadway entering the intersection, an
approach for a left turn shall be made in that portion of the
right half of the roadway nearest the center line thereof and by
passing to the right of such center line where it enters the
intersection and after entering the intersection the left turn
shall be made so as to leave the intersection to the right of the
center line of the roadway being entered. Whenever
practicable the left turn shall be made in that portion of the
intersection to the left of the center of the intersection.
(c) Left turns on other than two-road roadways
- At any intersection where traffic is restricted to one
direction on one or more of the roadways, the driver of a vehicle
intending to turn left at any such intersection shall approach
the intersection in the extreme left-hand lane lawfully available
to traffic moving in the direction of travel of such vehicle and
after entering the intersection the left turn shall be made so as
to leave the intersection, as nearly as practicable, in the left-hand
lane lawfully available to traffic moving in such direction upon
the roadway being entered. (Ord. 377, §1.)
Sec.
23-68. Authority to place and obedience to turning markers.
(a) The city traffic engineer is authorized to
place markers, buttons, or signs within or adjacent to
intersections indicating the course to be traveled by vehicles
turning at such intersections, and such course to be traveled as
so indicated may conform to or be other than as prescribed by law
or ordinance.
(b) When authorized markers, buttons, or other
indications are placed within an intersection indicating the
course to be traveled by vehicles turning thereat, no driver of a
vehicle shall disobey the directions of such indications. (Ord.
377, §1.)
Sec.
23-69. Authority to place restricted turn signs.
The city traffic engineer is hereby authorized to determine
those intersections at which drivers of vehicles shall not make a
right, left or U-turn, and shall place proper signs at such
intersections. The making of such turns may be prohibited
between certain hours of any day and permitted at other hours, in
which event the same shall be plainly indicated on the signs or
they may be removed when such turns are permitted. (Ord.
377, §1.)
Sec.
23-70. Obedience to no-turn signs.
Whenever authorized signs are erected indicating that no
right or left or U-turn is permitted, no driver of a vehicle
shall disobey the directions of any such sign. (Ord. 377,
§1.)
Sec.
23-71. Limitations on turning around.
The driver of any vehicle shall not turn such vehicle so as
to proceed in the opposite direction upon any street in a
business district and shall not upon any other street so turn a
vehicle unless such movement can be made in safety and without
interfering with other traffic. (Ord. 377, §1.)
Secs.
23-72 to 23-76. Reserved.
DIVISION
7. ONE-WAY STREETS AND ALLEYS
Sec.
23-77. Authority to sign one-way streets and alleys.
Whenever any ordinance of the city designates any one-way
street or alley the city traffic engineer shall place and
maintain signs giving notice thereof, and no such regulation
shall be effective unless such signs are in place. Signs
indicating the direction of lawful traffic movement shall be
placed at every intersection where movement of traffic in the
opposite direction is prohibited. (Ord. 377, §1.)
Sec.
23-78. One-way streets and alleys.
(NOT ADOPTED)
Sec.
23-79. Authority to restrict direction of movement on
streets during certain periods.
(a) The city traffic engineer is hereby
authorized to determine and designate streets, parts of streets
or specific lanes thereon upon which vehicular traffic shall
proceed in one direction during one period and the opposite
direction during another period of the day and shall place and
maintain appropriate markings, signs, barriers or other devices
to give notice thereof. The city traffic engineer may erect
signs temporarily designating lanes to be used by traffic moving
in a particular direction, regardless of the center line of the
roadway.
(b) It shall be unlawful for any person to operate
any vehicle in violation of such markings, signs, barriers or
other devices so placed in accordance with this section. (Ord.
377, §1.)
Secs.
23-80 to 23-84. Reserved.
DIVISION
8. STOP AND YIELD
INTERSECTIONS,
RAILROAD CROSSINGS, ETC.
Sec.
23-85. Through streets designated.
(NOT ADOPTED)
Sec.
23-86. Signs required at through streets.
Whenever any ordinance of the city designates and describes a
through street it shall be the duty of the city traffic engineer
to place and maintain a stop sign, or on the basis of an
engineering and traffic investigation at any intersection a yield
sign, on each and every street intersecting such through street
unless traffic at any such intersection is controlled at all
times by traffic control signals; provided, however, that at the
intersection of two such through streets or at the intersection
of a through street and a heavy traffic street not so designated,
stop signs shall be erected at the approaches of either of said
streets as may be determined by the city traffic engineer upon
the basis of an engineering and traffic study. (Ord. 377,
§1.)
Sec.
23-87. Other intersections where stop or yield required.
The city traffic engineer is hereby authorized to determine
and designate intersections where particular hazard exists upon
other than through streets and to determine whether vehicles
shall stop at one or more entrances to any such intersection, in
which event he shall cause to be erected a stop sign at every
such place where a stop is required, or whether vehicles shall
yield the right of way to vehicles on a different street at such
intersection as prescribed in section 23-90, in which event he
shall cause to be erected a yield sign at every place where
obedience thereto is required. (Ord. 377, §1.)
Sec.
23-88. Stop and yield signs.
(a) The driver of a vehicle approaching a yield
sign if required for safety to stop shall stop before entering
the crosswalk on the near side of the intersection or, in the
event there is no crosswalk, at a clearly marked stop line, but
if none, then at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting
roadway.
(b) Except when directed to proceed by a police
officer or traffic control signal, every driver of a vehicle
approaching a stop intersection indicated by a stop sign shall
stop before entering the crosswalk on the near side of the
intersection or, in the event there is no crosswalk, shall stop
at a clearly marked stop line, but if none, then at the point
nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering
the intersection. (Ord. 377, §1.)
Sec.
23-89. Vehicle entering stop intersection.
Except when directed to proceed by a police officer or
traffic control signal, every driver of a vehicle approaching a
stop intersection indicated by a stop sign shall stop as required
by subsection (b) of section 23-88, and after having stopped
shall yield the right of way to any vehicle which has entered the
intersection from another highway or which is approaching so
closely on said highway as to constitute an immediate hazard
during the time when such driver is moving across or within the
intersection. (Ord. 377, §1.)
Sec.
23-90. Vehicle entering yield intersection.
The driver of a vehicle approaching a yield sign shall in
obedience to such sign slow down to a speed reasonable for the
existing conditions and shall yield the right of way to any
vehicle in the intersection or approaching on another highway so
closely as to constitute an immediate hazard during the time such
driver is moving across or within the intersection; provided,
however, that if such a driver is involved in a collision with a
vehicle in the intersection, after driving past a yield sign
without stopping, such collision shall be deemed prima facie
evidence of his failure to yield right of way. (Ord. 377,
§1.)
Sec.
23-91. Emerging from alley, driveway or building.
The driver of a vehicle within a business or residence
district emerging from an alley, driveway or building shall stop
such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across any alleyway or driveway, and
shall yield the right of way to any pedestrian as may be
necessary to avoid collision, and upon entering the roadway shall
yield the right of way to all vehicles approaching on said
roadway. (Ord. 377, §1.)
Sec.
23-92. Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the
intersection or crosswalk to accommodate the vehicle he is
operating without obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic control signal
indication to proceed. (Ord. 377, §1.)
Sec.
23-93. Obedience to signal indicating approach of train.
(a) Whenever any person driving a vehicle
approaches a railroad grade crossing under any of the
circumstances stated in this section, the driver of such vehicle
shall stop within fifty feet but not less than fifteen feet from
the nearest rail of such railroad, and shall not proceed until he
can do so safely. The foregoing requirements shall apply
when:
(1) A clearly visible electric or mechanical signal
device gives warning of the immediate approach of a railroad
train;
(2) A crossing gate is lowered or when a human
flagman gives or continues to give a signal of the approach or
passage of a railroad train;
(3) An approaching railroad train is plainly visible
and is in hazardous proximity to such crossing.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(Ord. 377, §1.)
Secs.
23-94 to 23-98. Reserved.
DIVISION
9. MISCELLANEOUS DRIVING RULES
Sec.
23-99. Following fire apparatus prohibited.
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a
fire alarm closer than five hundred feet or drive into or park
such vehicle within the block where fire apparatus has stopped in
answer to a fire alarm. (Ord. 377, §1.)
Sec.
23-100. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a
fire department when laid down on any street, private driveway or
streetcar track, to be used at any fire or alarm of fire, without
the consent of the fire department official in command. (Ord.
377, §1.)
Sec.
23-101. Driving through funeral or other procession.
No driver of a vehicle shall drive between the vehicles
comprising a funeral or other authorized procession while they
are in motion and when such vehicles are conspicuously designated
as required in this Ordinance. This provision shall not
apply at intersections where traffic is controlled by traffic
control signals or police officers. (Ord. 377, §1.)
Sec.
23-102. Driving in procession.
Each driver in a funeral or other procession shall drive as
near to the right hand edge of the roadway as practicable and
shall follow the vehicle ahead as close as is practicable and
safe. (Ord. 377, §1.)
Sec.
23-103. Funeral procession to be identified.
A funeral composed of a procession of vehicles shall be
identified as such by the display upon the outside of each
vehicle of a pennant or other identifying insignia or by such
other method as may be determined and designated by the traffic
division. (Ord. 377, §1.)
Sec.
23-104. When permits required for parades and processions.
No funeral, procession or parade containing two hundred or
more persons or fifty or more vehicles except the forces of the
United States Army or Navy, the military forces of this State and
the forces of the police and fire departments, shall occupy,
march or proceed along any street except in accordance with a
permit issued by the chief of police and such other regulations
as are set forth herein which may apply. (Ord. 377, §1.)
Sec.
23-105. Vehicle shall not be driven on a sidewalk.
The driver of a vehicle shall not drive within any sidewalk
area except as a permanent or temporary driveway. (Ord. 377,
§1.)
Sec. 23-106.