Section
General Provisions
70.01 Adoption Of State Traffic Code
70.02 Definitions
70.03 Application of regulations
70.04 Driver’s and vehicle licenses
70.05 Insurance requirements; exemptions
70.06 Duties of drivers involved in accidents
70.07 Improvements on public ways; street closures
Enforcement
70.20 Enforcement of provisions; directing traffic
70.21 Citations
70.22 Records of traffic violations
70.23 Parking violations; prima facie proof
70.24 Impoundment of vehicles
70.25 Permitting violations
70.99 Penalty
GENERAL PROVISIONS
The provisions of the Oklahoma Motor Vehicle Code, 47 O.S. §§ 1-101 et seq., are hereby adopted and incorporated by reference, and are enforceable by the Town of Bernice within its corporate limits and in any other area over which the Town is authorized to exercise jurisdiction. Provisions of the Oklahoma Motor Vehicle Code adopted and incorporated herein include but are not limited to:
(A) Driver's Licenses, 47 O.S. §§ 6-101 et seq.;
(B) Financial Responsibility, 47 O.S. §§ 7-101 et seq.;
(C) Accidents and Reports Relating to Accidents, 47 O.S. §§ 10-101, et seq.;
(D) The Rules of the Road, 47 O.S. §§ 11-801 et seq.;
(E) Equipment of Vehicles, 47 O.S. §§ 13-101 et seq.; and
(F) Size, Weight, and Load, 47 O.S. §§ 14-101 et seq.
(Prior Code, § 6-1-1) (Ord. 03142024-8, passed 3-14-2024)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. However, for any words and phrases used in this title which are not defined in this section, but are defined in the laws of the state regulating traffic, the definition in the laws of the state shall be deemed to apply to the words and phrases used in this traffic code.
ALLEY. A public passageway or street which affords only secondary means of vehicular access to abutting property, and having no legal or official name other than ALLEY.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of fire departments, ambulances, vehicles specified pursuant to 63 O.S. § 1-2512(B), licensed ambulance service providers, County Sheriff vehicles and full-time commissioned deputies and police vehicles, including vehicles owned and operated by the United States Marshals Service, the Federal Bureau of Investigation or by any local emergency management organization, as defined by 63 O.S. § 683.3. Said vehicles shall be equipped with sirens capable of giving audible signals and flashing red lights as required and authorized by the provisions of 47 O.S. § 12-218.
BICYCLE. Every device propelled by human power upon which any person may ride, having two or three tandem wheels, any of which is more than 20 inches in diameter.
COMMERCIAL VEHICLE. Every vehicle designed, maintained or used primarily for the transportation of property.
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.
DRIVER. Every person who drives or is in actual physical control of a vehicle.
INTERSECTION. The area embraced within the lateral boundary lines of the roadways of two streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict.
MOTOR VEHICLE.
(1) A MOTOR VEHICLE is:
(a) Any vehicle which is self-propelled; or
(b) Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rail.
(2) The term MOTOR VEHICLE shall not include:
(a) Implements of husbandry, as defined in 47 O.S. § 1-125;
(b) Electric personal assistive mobility devices, as defined in 47 O.S. § 1-114A;
(c) Motorized wheelchairs, as defined in 47 O.S. § 1-136.3; or
(d) Vehicles moved solely by human or animal power.
MOTORCYCLE. Every motor vehicle having:
(1) A seat or saddle for the use of the rider;
(2) Designed to travel on not more than three wheels in contact with the ground, but excluding a tractor; and
(3) A combustion engine with a piston or rotor displacement of greater than 150 cubic centimeters.
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 town.
OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings and devices not inconsistent with this code placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
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.
PEDESTRIAN. Any person afoot.
POLICE OFFICER. Any officer of the County Sheriff’s Department authorized by law to direct or regulate traffic or to make arrests for violations of traffic regulations.
PRIVATE ROAD OR ROADWAY. 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.
RAILROAD. A carrier of persons or property upon cars operated upon stationary rails.
RAILROAD TRAIN. A steam engine, diesel, electric or other motor, with or without cars coupled thereto, operated upon rails.
RIGHT-OF-WAY. The privilege of the immediate use of the roadway.
ROADWAY. The portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street 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.
SIDEWALK. The 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.
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.
STOP. When required, complete cessation from movement. When prohibited, STOP or STOPPING means 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 sign or signal.
STREET or 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.
THROUGH STREET. Every street or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting streets is required by law to yield right-of-way to vehicles on such through street in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this traffic code.
TRAFFIC. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel.
TRAFFIC-CONTROL SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic alternately is directed to stop and permitted to proceed.
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; provided, however, this definition shall not include implements of husbandry, as defined in 47 O.S. § 1-125.
(Prior Code, § 6-1-2)
(A) Public ways. The provisions of this traffic code shall apply to every street, highway, alley, roadway, sidewalk, driveway, park area, every other public way either within or outside the corporate limits of the town, the use of which the town has jurisdiction and authority to regulate, including, but not limited to:
(1) Those dedicated to or acquired by the public for public use;
(2) Those upon land owned by the town;
(3) Those upon land owned by any other governmental unit, but the regulation of the use of which has been given to the town; and
(4) Those upon private property, the regulation of the use of which has been given to the town.
(B) Pushcarts, animals, animal drawn vehicles. Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which, by their very nature, can have no application.
(Prior Code, § 6-1-3) Penalty, see § 70.99
(A) Driver’s license required. It is unlawful for any person who does not have a driver’s license, as required by state law for operation of a vehicle upon the state highways, to operate a motor vehicle within the town, or to operate a motor vehicle within the town in violation of any restriction applied to the driver’s license.
(B) Vehicle license.
(1) No person shall drive, propel, move or park on the streets of the town any motor vehicle, trailer or semitrailer unless the motor vehicle, trailer or semitrailer is licensed as required by state law and the license is conspicuously displayed thereon.
(2) It is unlawful for any person to park any motor vehicle not bearing a current motor vehicle license tag or tags on any street or highway within the town.
(Prior Code, § 6-1-4) Penalty, see § 70.99
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