As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
ALLEY: A permanent public way providing a secondary means of access for service or emergency vehicles and not intended for general traffic circulation.
ARTERIAL STREET: Any U.S. or state numbered route, controlled access highway or other major radial or circumferential street or highway designated by the city council within its jurisdiction as part of a major arterial system of streets or highways.
AUTHORIZED EMERGENCY VEHICLES:
A. When equipped as prescribed in subsection B of this definition:
1. Vehicles of fire departments;
2. Ambulances or vehicles specified pursuant to 63 Oklahoma Statutes section 1-2512, subsection B, of licensed ambulance service providers;
3. State vehicles of law enforcement agencies;
4. County vehicles of sheriffs and full time commissioned deputies;
5. Vehicles of the city police department;
6. Vehicles owned and operated by the United States marshals service or the federal bureau of investigation;
7. Vehicles of Oklahoma national guard units designated by the adjutant general for support to civil authorities; or
8. Vehicles owned and operated by the city emergency management organization.
B. All vehicles prescribed in subsection A of this definition shall be equipped with sirens capable of giving audible signals as required by the provisions of 47 Oklahoma Statutes section 12-218 and flashing red lights as authorized by the provisions of 47 Oklahoma Statutes section 12-218.
BICYCLE, ELECTRIC ASSISTED BICYCLE, AND MOTORIZED BICYCLE:
A. 1. A "bicycle" is any device propelled solely by human power upon which any person or persons may ride, having a seat or saddle for the use of each rider and:
a. On a bicycle, two (2) tandem wheels, either of which is twenty inches (20") or more in diameter;
b. On a tricycle, three (3) wheels in any configuration, of which at least one is twenty inches (20") or more in diameter; or
c. On a quadcycle, four (4) wheels in any configuration, of which at least two (2) are twenty inches (20") or more in diameter.
2. The wheel diameter provisions of this definition shall not apply to recumbent bicycles.
B. 1. An "electric assisted bicycle" is any bicycle with:
a. Two (2) or three (3) wheels;
b. Fully operative pedals for human propulsion and equipped with an electric motor:
(1) With a power output not to exceed one thousand (1,000) watts;
(2) Incapable of propelling the device at a speed of more than twenty (20) miles per hour on level ground; and
(3) Incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of twenty (20) miles per hour or more.
2. An "electric assisted bicycle" shall meet the requirements of the federal motor vehicle safety standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.
C. A "motorized bicycle" is any bicycle having:
1. Fully operative pedals for propulsion by human power;
2. An automatic transmission; and
3. A combustion engine with a piston or rotor displacement of fifty (50) cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than thirty (30) miles per hour on level ground.
D. As used in this title, the term "bicycle" shall include tricycles, quadcycles, or similar human powered devices, electric assisted bicycles, and motorized bicycles unless otherwise specifically indicated.
BOULEVARD OR THROUGH STREET: Any street or highway or portion thereof designated by ordinances of the city which require vehicles to come to a full and complete stop before entering such street or highway from intersecting streets or highways.
BUS: Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
BUS LOADING ZONE: A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
BUSINESS DISTRICT: The territory contiguous to and including a highway when, within any six hundred feet (600') along such highway, there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations or public buildings which occupy at least three hundred feet (300') of frontage on one side or three hundred feet (300') collectively on both sides of the highway.
CLASS A COMMERCIAL MOTOR VEHICLE: Any combination of vehicles, except a class D motor vehicle, with a gross combined weight rating of twenty six thousand one (26,001) or more pounds, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds.
CLASS B COMMERCIAL MOTOR VEHICLE: Any single vehicle, except a class D motor vehicle, with a gross vehicle weight rating of twenty six thousand one (26,001) or more pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds' gross vehicle weight rating. This class shall apply to a bus with a gross vehicle weight rating of twenty six thousand one (26,001) or more pounds and designed to transport sixteen (16) or more persons, including the driver.
CLASS C COMMERCIAL MOTOR VEHICLE: Any single vehicle or combination of vehicles, other than a class A or class B vehicle as defined in this section, which is:
A. Required to be placarded for hazardous materials under 49 CFR part 172, subpart F; or
B. Designed by the manufacturer to transport sixteen (16) or more persons, including the driver.
CLASS D MOTOR VEHICLE: A. Any motor vehicle or combination of vehicles which:
1. Regardless of weight:
a. Is marked and used as an "authorized emergency vehicle", as defined in this section; or
b. Is designed and used solely as a recreational vehicle;
2. Is a single or combination vehicle with a gross combined weight rating of less than twenty six thousand one (26,001) pounds; or
3. Is a single or combination farm vehicle with a gross combined weight rating of more than twenty six thousand one (26,001) pounds if:
a. It is entitled to be registered with a farm tag and has a farm tag attached thereto;
b. It is controlled and operated by a farmer, his family or his employees;
c. It is used to transport either agricultural products, farm machinery, farm supplies or any combination of those materials to or from a farm;
d. It is not used in the operations of a common or contract motor carrier; and
e. It is used within one hundred fifty (150) air miles of the person's farm or as otherwise provided by federal law.
B. A "class D motor vehicle" shall not include any vehicle which is:
1. Designed to carry sixteen (16) or more passengers, including the driver; or
2. Required to be placarded for hazardous materials under 49 CFR part 172, subpart F; provided, a "farm vehicle", as defined in subsection A3 of this definition, which is required to be placarded for hazardous materials under 49 CFR part 172, subpart F, shall be considered to be a class D motor vehicle.
COMMERCIAL OPERATOR OR DRIVER: Every person who operates, drives or is in actual physical control of a "class A, B or C commercial motor vehicle", as defined in this section.
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 roadway 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.
CURB: The edge of a roadway marked or understood as such.
CURB LOADING ZONES: A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers, freight or materials.
DAYTIME; NIGHTTIME: "Daytime" means one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset. "Nighttime" means any other time.
DOUBLE PARK: The standing or stopping of a vehicle, whether occupied or not, parallel to another vehicle parked on the roadway.
DRIVER: Every person who drives or is in actual physical control of a vehicle.
EMERGENCY: A condition suddenly created, requiring immediate action for the preservation of public peace, health or safety, and among other things, particularly means any fire, unusual storm, death, riot or unusual traffic condition.
EXPLOSIVES: Shall have the same meaning as in 49 CFR part 173.
FARM TRACTOR: Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines and other implements of husbandry.
FLAMMABLE SUBSTANCE: Shall include any "liquid, gas, or other material" as defined in 49 CFR part 173.
IMPLEMENT OF HUSBANDRY:
A. Every device, whether it is self- propelled, designed and adapted so as to be used exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an "implement of husbandry" and, in either case, not subject to registration if operated upon the highways.
B. Farm wagon type tank trailers of not over one thousand two hundred (1,200) gallons' capacity, used during the liquid fertilizer season as field storage "nurse tanks" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another, shall be considered "implements of husbandry" for purposes of this title.
C. Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon shall also be considered "implements of husbandry" for purposes of this title. Provided, no truck or semitrailer with an axle weight of twenty thousand (20,000) pounds or more, which is used to haul manure and operated on the public roads or highways of the state shall be considered an "implement of husbandry" for the purposes of this title.
D. Utility type, all terrain vehicles with a maximum curb weight of one thousand five hundred (1,500) pounds which are equipped with metal front or rear carrying racks when used for agricultural, horticultural or livestock raising operations shall be considered "implements of husbandry" for purposes of this title.
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 (2) 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; or
B. Where a highway includes two (2) roadways thirty feet (30') 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 (2) roadways thirty feet (30') or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate "intersection".
LICENSE TO OPERATE A MOTOR VEHICLE:
A. Any valid driver's license or permit to operate a motor vehicle issued under the laws of the state, including any temporary license or instruction permit, the lawful possession of which by a resident of the state shall be evidence that the resident has been granted the privilege to operate a motor vehicle.
B. Any "nonresident's operating privilege", as defined in this section, which is evidenced by the lawful possession of a valid driver's license or permit to operate a motor vehicle issued under the laws of another state.
METAL TIRE: Every tire, the surface of which in contact with the highway, is wholly or partly of metal or other hard, nonresilient material.
MOTOR DRIVEN CYCLE: Any motor vehicle having:
A. A power source that:
1. If the power source is a combustion engine, has a piston or rotor displacement of greater than thirty five (35) cubic centimeters but less than one hundred fifty (150) cubic centimeters regardless of the number of chambers in the power source;
2. If the power source is electric, has a power output of greater than one thousand (1,000) watts; and
B. A seat or saddle for the use of each rider; and
C. Not more than three (3) wheels in contact with the ground.
MOTOR VEHICLE: 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 rails.
C. The term "motor vehicle" shall not include:
1. "Implements of husbandry", as defined in this section.
2. "Electric personal assistive mobility devices", as defined in 47 Oklahoma Statutes section 1-114A;
3. "Motorized wheelchairs", as defined in 47 Oklahoma Statutes section 1-136.3; or
4. Vehicles moved solely by human or animal power.
MOTOR VEHICLE ACCIDENT: Is defined and classified as in "Manual On Classification Of Motor Vehicle Traffic Accidents" prepared by the committee on uniform traffic accident statistics, traffic conference, and distributed by the national safety council.
MOTORCYCLE: Any motor vehicle having:
A. A seat or saddle for the use of each rider;
B. Not more than three (3) wheels in contact with the ground, but excluding a tractor; and
C. A combustion engine with a piston or rotor displacement of greater than one hundred fifty (150) cubic centimeters.
MUFFLER: A device designed for the use on a particular internal combustion engine and properly affixed thereto for the purpose of reducing the exhaust noise of such engine to an unobjectionable level.
NONRESIDENT'S OPERATING PRIVILEGE: The privilege conferred upon a nonresident by the laws of the state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in the state.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, barricades, signals, markings and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic 1 .
OPERATOR OR DRIVER: Every person, including a "commercial operator or driver", as defined in this section, who operates, drives or is in actual physical control of a motor vehicle or who is exercising control over or steering a vehicle being towed by a motor vehicle.
OWNER: A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the "owner".
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.
PASSENGER: A rider in any vehicle other than the driver.
PEDESTRIAN: Any person afoot.
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.
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.
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.
REGISTRATION: The registration certificates and registration plates issued under the laws of the state pertaining to the registration of vehicles.
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 (300') or more is in the main improved with residences or residences and buildings in use for business.
REVOCATION OF DRIVING PRIVILEGE: The termination by formal action of the state department of public safety of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to said department of said person's driver's license.
RIGHT OF WAY: The privilege of the immediate use of the roadway.
ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular traffic, exclusive of the shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway", as used herein, refers to any such roadway separately but not to all such roadways collectively.
SAFETY ZONE: An area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
SCHOOL BUS: Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. This definition shall not include buses normally used in city transit which may be used part time for transportation of school children within the city during some portion of the day.
SEMITRAILER: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests or is carried by another vehicle.
SHOULDER: The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
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.
SOLID TIRE: Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
STAND OR STANDING: The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
STOP: When required, means complete cessation from movement.
STOP OR STOPPING: When prohibited, 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: All streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used or intended for use by the public for vehicular traffic, and which have been made open and available to public use, whether or not such property or right of way has been formally dedicated, or other parkways or thoroughfares in the city, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
SUSPENSION OF DRIVING PRIVILEGE: The temporary withdrawal by formal action of the state department of public safety of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to said department of said person's driver's license.
TAXICAB: Shall mean and include any motor vehicle for hire, designed to carry ten (10) persons or less, operated upon any street or highway, or on call or demand, accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers so being transported. This classification shall not include:
A. Motor vehicles of ten (10) passenger capacity or less operated by the owner where the cost of operation is shared by fellow workmen between their homes and the place of regular daily employment, when not operated for more than two (2) trips per day;
B. Motor vehicles operated by the owner where the cost of operation is shared by the passengers on a "share the expense plan"; or
C. Motor vehicles transporting students from the public school system when said motor vehicle is so transporting under contract with public, private, or parochial school board or governing body.
THROUGH STREET OR HIGHWAY: Every street or highway or portion thereof on which vehicle traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting streets or highways is required by law to yield the right of way to vehicles on such through street or highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles and other conveyances, either single or together, while using any highway for purposes of travel.
TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically or mechanically operated, by which traffic is alternatively directed to stop, proceed or proceed with caution.
TRAFFIC LANE: The portion of the traveled way for the movement of a single line of vehicles.
TRAILER: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle; provided however, this definition shall not include "implements of husbandry", as defined in this section.
TRUCK: Every motor vehicle designed, used or maintained primarily for the transportation of property.
U-TURN: Turning a vehicle around so as to proceed in the opposite direction.
URBAN DISTRICT: The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100') for a distance of one-fourth (1/4) of a mile or more.
VEHICLE:
A. Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
B. The term "vehicle" shall not include:
1. "Implements of husbandry", as defined in this section;
2. "Electric personal assistive mobility devices", as defined in 47 Oklahoma Statutes section 1-114A; or
3. "Motorized wheelchairs", as defined in 47 Oklahoma Statutes section 1-136.3.
YIELD: The yielding of the right of way to all vehicles or pedestrians approaching from the right or left intersecting street which are so close as to constitute an immediate hazard. (1992 Code § 15-102; amd. 2006 Code)
Notes
| 1 | 1. See also section 7-2-2 of this title. |