Section
70.01 Definitions
70.02 Compliance with title
70.03 Application of title
70.04 Drivers of government-owned vehicles
70.05 Authority of Police and Fire Department officials
70.06 Obedience to Police and Fire Department officials
70.07 Authorized emergency vehicles
70.08 Approach of Police or Fire Department vehicles.
For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ALLEY."A service way providing a secondary means of public access to abutting property and not intended for general traffic circulation.
"AUTHORIZED EMERGENCY VEHICLE." Vehicles of the Fire Department, police vehicles, and any ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Chief of Police.
"BICYCLE." Every device propelled by human power on which any person may ride, usually having two tandem wheels either of which is 16 inches in diameter or larger.
"BLOCK."A portion of any street located between any two intersections of any two streets, next adjacent to each other.
"COMMERCIAL VEHICLE." Every vehicle designed, maintained, or used primarily for the transportation of property.
"CONTROLLED-ACCESS HIGHWAY." Every highway, street, or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from, except at those points only and in the manner as may be determined by the public authority having jurisdiction over the highway, street, or roadway.
"CROSSWALK." That portion of any street or roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections. Any portion of a roadway or street distinctly indicated for pedestrian crossing by lines or other markings on the surface of the street or roadway.
"DRIVER." Every person who shall drive or who shall be in actual physical control of the operation of any vehicle.
"FREIGHT CURB LOADING ZONE."A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
"INTERSECTION." 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 the two highways which join one another at or approximately at right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection.
"LANED ROADWAY."A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
"MO-PED."A motorized bicycle capable of being propelled by either human power or small motor or engine.
"MOTOR VEHICLE."Every vehicle which is self-propelled and every vehicle designed to run on the streets which is pulled by a self-propelled vehicle.
"MOTORCYCLE." Every motor vehicle having a 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.
"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.
"OFFICIAL TRAFFIC-CONTROL DEVICE." Any sign, signal, marking, or device, not inconsistent with this title, placed or erected by authority of the governing body, for the purpose of regulating, warning, prohibiting, or guiding traffic on the streets and thoroughfares of the city.
"OFFICIAL TRAFFIC SIGNALS."Any device, whether manually, electrically, or mechanically operated, whereby traffic is alternately directed to stop and to proceed, or to turn, or to proceed with caution.
"PARK." The stationary positioning of a vehicle while not in use or with the intention of leaving the vehicle unattended by a licensed driver.
"PARKING LANE." That portion of the paved roadway normally used for the parking of vehicles. The parking lane is separated from the traffic lane by a solid white line on the roadway.
"PEDESTRIAN.," Any person afoot.
"POLICE OFFICER." Every peace officer of the city, including every employee of the city authorized and empowered to regulate traffic and to make arrests for any violations of the provisions of this title.
"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. The function is to provide traffic access within group developments. Right-of-way improvements remain private property and the city is not responsible for maintenance.
"PUBLIC CONVEYANCE." Any vehicle other than a taxicab or railroad train for transporting persons for a fare.
"RESIDENTIAL DISTRICT." Various area in the city where the exclusive use and zoning of property is residential, whether single-family, duplex, or apartments. The intent of this definition is to exclude areas in which residents exist in areas zoned for business, office, or industrial uses.
"ROADWAY." That portion of a street or 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, "ROADWAY" as used herein shall refer to any roadways separately but not to all the roadways collectively.
"SAFETY ZONE." The area or space officially set apart within any roadway for the exclusive use of pedestrians and which shall be so protected, marked, or indicated by visible and adequate markers or signs as shall be visible at all times while so set apart as a safety zone for pedestrians.
"SIDEWALK STANDING." The brief stopping of a vehicle for the immediate loading or unloading of passengers with the intent to disrupt traffic.
"SIDEWALK." That portion of a street off the roadway behind the curb or ditch line, constructed primarily for the use of pedestrians.
"STOP." When required, the complete cessation of movement of any vehicle.
"STOP" or "STOPPING." When prohibited, any stopping of any vehicle, except when the stopping means that it shall be necessary to stop the vehicle to avoid conflict with other traffic, or in compliance with the direction of any peace officer of the city, by reason of any traffic-control sign or signal, or by reason of any emergency.
"STREET" and "HIGHWAY." The entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic.
"STREET RIGHT-OF-WAY." The legal boundaries of the street adjacent to or crossing private and public properties.
"THROUGH HIGHWAY." Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing it, and when stop signs are erected as provided in this title.
"TRAFFIC." Pedestrians, ridden or herded animals, vehicles of all kinds, conveyances, tractors, bicycles, motorcycles, and the like, either singly or together, while using any street or alleyway for travel, including the operation of, the loading or unloading of, or the parking of any vehicle on any of the public streets of the city.
"TRAFFIC DIVISION." The traffic division of the Police Department of the city, or in the event a traffic division is not established, then the term whenever used herein shall be deemed to refer to the Police Department of the city.
"TRAFFIC LANE." That portion of the paved roadway normally used for the movement of traffic.
"VEHICLE." Every device used in, on, or by which any person or property is or may be transported or drawn on any street within the corporate limits, and for the purposes of this title, any bicycle shall be deemed a vehicle.
"VEHICULAR RIGHT-OF-WAY" or "PEDESTRIAN RIGHT-OF-WAY." The privilege of the immediate use of the street or roadway.
('58 Code, § 16-1)
It shall be unlawful for any person to do any act forbidden in this title or to fail to perform any tractor, trailer, bicycle, buggy, cart, or other type of machine or conveyance, or any person riding or driving or leading any animal on any of the public streets of the city shall be subject to the provisions of this title, except those provisions of this title which by their very nature can have no application.
('58 Code, § 16-7)
Every person operating, riding, propelling, or driving any pushcart, tractor, trailer, bicycle, buggy, cart, or other type of machine or conveyance, or any person riding or driving or leading any animal on any of the public streets of the city shall be subject to the provisions of this title, except those provisions of this title which by their very nature can have no application.
('58 Code, § 16-7)
The provisions of this title applicable to the drivers of vehicles on streets shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, any other state, or any county or city. It shall be unlawful for any driver to violate any provisions of this title, except as otherwise permitted in this title or by state statute. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 16-5) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
(A) It shall be the duty of the officers of the Police Department or those officers as are assigned by the Chief of Police to enforce all street traffic laws and all of the state vehicle laws applicable to street traffic. Officers of the Police Department or those 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. 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.
(B) 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.
No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or Fire Department official. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 16-3) (Am. Ord. 22-01, passed 1-3- 22) Penalty, see § 10.99
(A) The driver of an authorized emergency vehicle, when responding to an emergency call, 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 below, but will be subject to the conditions herein stated. The driver of an authorized emergency vehicle may do the following.
(1) Park or stand, irrespective of the provisions of this title.
(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 prima facie speed limits so long as he does not endanger life or property.
(4) Disregard regulations governing direction of movement or turning in specified directions.
(B) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any emergency 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 lamp displaying a light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle. An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a light visible from in front of the vehicle.
(C) 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 the provisions protect the driver from the consequences of his reckless disregard for the safety of others. It is not the intent or purpose of this section to hamper or interfere with the powers and duties of the Fire Department or Police Department in the exercise of their several functions, or to render the city in any respect liable for any damages of or injuries to persons or property occasioned in the exercise of these functions by the city.
('58 Code, § 16-6)
(A) Upon the approach of any Police or Fire Department vehicle giving audible signal by bell, siren, or exhaust whistle, the driver of every other vehicle shall immediately drive his vehicle to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection or highway, and shall stop and remain in that position, unless otherwise directed by a police or traffic officer, until the Police or Fire Department vehicle shall have passed.
(B) It shall be unlawful for the driver of any vehicle other than one on official business to follow any fire apparatus traveling in response to a fire alarm closer than one block, or to drive into or park the vehicle within one block where the fire apparatus has stopped in answer to a fire alarm.
(C) A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 16-68) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99