331.19 EMERGING FROM ALLEY, BUILDING, PRIVATE ROAD OR DRIVEWAY; DRIVING UPON PRIVATE PROPERTY TO AVOID TRAFFIC CONTROL DEVICES.

   (a)   Subject to compliance with any traffic control device, the driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.

   (b)   No person shall operate a motor vehicle upon or enter through private property at or near an intersection for purposes of avoiding or bypassing a traffic control device situated at such intersection. A rebuttable presumption of intent to violate the within section shall occur when the operator of a vehicle enters private property from a public roadway, and proceeds without interruption to exit the said private property onto a public roadway that intersects with the roadway upon which said operator had entered the private property from.

   (c)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 46-06. Passed 10-16-06.)