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Etowah, TN Code of Ordinances
ETOWAH, TENNESSEE CODE OF ORDINANCES
OFFICIALS of the CITY OF ETOWAH, TENNESSEE
ADOPTING ORDINANCE
CHARTER FOR THE CITY OF ETOWAH, TENNESSEE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 71.19 CAUSING UNNECESSARY NOISE.
   It shall be a civil offense for any person to cause unnecessary noise by unnecessarily sounding the horn, “racing” the motor, or causing the “screeching” or “squealing” of the tires on any motor vehicle.
(1994 Code, § 15-117) (Ord. 494, passed 9-2-1993; Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.20 PASSING.
   (A)   (1)   Except when overtaking and passing on the right is permitted, the driver of a vehicle passing another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street until safely clear of the overtaken vehicle.
      (2)   The driver of the overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
   (B)   When the street is wide enough, the driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
   (C)   The driver of a vehicle may overtake and pass another vehicle proceeding in the same direction either upon the left or upon the right on a street of sufficient width for four or more lanes of moving traffic when such movement can be made in safety.
   (D)   No person shall drive off the pavement or upon the shoulder of the street in overtaking or passing on the right.
   (E)   When any vehicle has stopped at a marked crosswalk or at an intersection to permit a pedestrian to cross the street, no operator of any other vehicle approaching from the rear shall overtake and pass such stopped vehicle.
   (F)   No vehicle operator shall attempt to pass another vehicle proceeding in the same direction unless he or she can see that the way ahead is sufficiently clear and unobstructed to enable him or her to make the movement in safety.
(1994 Code, § 15-118) (Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.21 DAMAGING PAVEMENTS.
   No person shall operate or cause to be operated upon any street of the city any vehicle, motor propelled or otherwise, which by reason of its weight or the character of its wheels, tires or track, is likely to damage the surface or foundation of the street.
(1994 Code, § 15-119) (Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.22 BICYCLE RIDERS AND THE LIKE.
   (A)   Every person riding or operating a bicycle shall be subject to the provisions of all traffic ordinances, rules and regulations of the city applicable to the driver or operator of other vehicles, except as to those provisions which, by their nature, can have no application to bicycles.
   (B)   No person operating or riding a bicycle shall ride other than upon or astride the permanent and regular seat attached thereto, nor shall the operator carry any other person upon such vehicle other than upon a firmly attached and regular seat thereon.
   (C)   No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
   (D)   No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the handlebars.
(1994 Code, § 15-120) (Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.23 MOTORCYCLES, MOTOR SCOOTERS AND MOTORBIKES.
   (A)   General. No driver of a two- or three-wheel motor vehicle or bicycle shall carry any other person on, upon or within such vehicle on any street or highway in the city, except as hereinafter provided; provided, however, that, if any two- or three-wheel motor vehicle with a wheel diameter of 12 inches or greater or any bicycle shall have either a double seating device with double foot rests or a side car attachment for each person riding therein so that such person shall be seated entirely within the body of said side car, then it shall be permissible for an operator who has attained the age of 16 years of age or older to carry a passenger. A demonstration ride by a licensed dealer or his or her employee is excepted from the provisions hereof. No motorcycle, bicycle or motor scooter shall be ridden upon any sidewalk of the city. No rider of a motorcycle, bicycle or motor scooter shall hold to any moving vehicle for the purpose of being propelled.
   (B)   Required equipment for motorcycles and motor scooters and motor driven cycles.
      (1)   Windshield. All vehicles covered under this section shall be equipped with a windshield of sufficient quality, size and thickness to protect the operator from foreign objects; except that, in lieu of such windshield the operator may wear goggles or face shield of material and design to protect him or her from foreign objects.
      (2)   Brakes. All vehicles covered under this section shall be equipped with brakes adequate to control the movement of same and to stop and hold such vehicle, including two separate means of applying the brakes. One means shall be effective to apply the brakes to the front wheel and one means shall be effective to apply the brakes to the rear wheels.
      (3)   Headgear. No person shall operate or ride upon any motorcycle, motorbike or motor scooter within the city unless such person is equipped with and wearing on the head a safety helmet with a secured chin strap and suspension lining, which said helmet shall conform to the type and design manufactured for the use of the operators and riders of such motor vehicles.
      (4)   Lights. All vehicles covered under this section shall carry at least one lighted headlamp capable of showing a white light visible at least 300 feet in the direction in which the same is proceeding, and one taillamp mounted on the rear which, when lighted, shall emit a red light plainly visible from at least 300 feet to the rear, and such lights required by this section shall be burning whenever such vehicles are in motion during the period from one-half hour after sunset and one-half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernible at a distance of at least 500 feet ahead; provided that, a bicycle, in lieu of the red light in the rear, may carry a red or ruby glass reflector.
      (5)   Mufflers. Muffler cutouts are prohibited. No person shall drive a motor vehicle on any road, street or highway unless such vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.
      (6)   Crash bars. No person shall operate a motorcycle or motor scooter on any road, street or highway in the city unless such motor vehicle is equipped with crash bars.
   (C)   Special speed limitation on motorcycles and motor scooters. No person shall operate any motorcycle or any motor scooter at a speed greater than the speed limit posted; provided, however, in no event and at no time may an operator under the age of 16 operate a motorcycle or motor scooter at a speed greater than 25 mph.
   (D)   Penalty. Anyone violating any of the provisions of this section shall be guilty of a civil offense and shall be punishable under the general penalty clause for this code; provided further that, if any parent or guardian knowingly permits a minor to operate a motorcycle or motor driven cycle in violation of this section, such parent or guardian shall be guilty of a civil offense and shall be punishable under the general penalty clause for this code.
(1994 Code, § 15-121) (Ord. 494, passed 9-2-1993; Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.24 OPERATION OF COMMERCIAL TRUCKS.
   It shall be a civil offense for any owner, driver or other person in charge of any commercial carrier truck to drive within 300 feet of another truck to drive in any lane other than the left-hand lane at all times or to pass another vehicle within the corporate limits.
(1994 Code, § 15-122) (Ord. 494, passed 9-2-1993; Ord. 674, passed 6-26-2007; Ord. 745, passed 11-25-2013) Penalty, see § 71.99
§ 71.25 STREET CROSSING BY PEDESTRIANS.
   Pedestrians shall not cross streets, except at street intersections or designated crossings and then at right angles only.
(1994 Code, § 15-123) (Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.26 DELIVERY OF VEHICLE TO UNLICENSED DRIVER AND THE LIKE.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ADULT. Any person 18 years of age or older.
      AUTOMOBILE. Any motor driven automobile, car, truck, tractor, motorcycle, motor driven cycle, motorized bicycle or vehicle driven by mechanical power.
      CUSTODY. The control of the actual, physical care of the juvenile, and includes the right and responsibility to provide for the physical, mental, moral and emotional well being of the juvenile. CUSTODY, as herein defined, relates to those rights and responsibilities as exercised either by the juvenile’s parent or parents or a person granted custody by a court of competent jurisdiction.
      DRIVER’S LICENSE. A license issued by the State Department of Safety to an individual, which authorizes the individual to operate a motor vehicle on the highways.
      JUVENILE. A person less than 18 years of age. No exception shall be made for a JUVENILE who has been emancipated by marriage or otherwise.
   (B)   It shall be unlawful for any adult to deliver the possession of or the control of any automobile or other motor vehicle to any person, whether an adult or a juvenile, who does not have in his or her possession a valid driver’s license issued by the Department of Safety of the state, or for any adult to permit any person, whether an adult or a juvenile, to drive any motor vehicle upon the streets, highways, roads, avenues, parkways, alleys or public thoroughfares in the city unless such person has a valid driver’s license as issued by the Department of Safety of the state.
   (C)   It shall be unlawful for any parent or person having custody of a juvenile to permit any such juvenile to drive a motor vehicle upon the streets, highways, roads, parkways, avenues or public ways in the city in a reckless, careless or unlawful manner, or in such a manner as to violate the ordinances of the city.
(1994 Code, § 15-124) (Ord. 674, passed 6-26-2007) Penalty, see § 71.99
§ 71.27 COMPLIANCE WITH FINANCIAL RESPONSIBILITY LAW REQUIRED.
   (A)   Every vehicle operated within the corporate limits must be in compliance with the financial responsibility law.
   (B)   At the time the driver of a motor vehicle is charged with any moving violation under Tenn. Code Ann. Title 55, Ch. 8, Ch. 10, parts 1 through 5, and Ch. 50, any provision in this traffic code or at the time of an accident for which notice is required under Tenn. Code Ann. § 55-10-106, the officer shall request evidence of financial responsibility as required by this section. In case of an accident for which notice is required under Tenn. Code Ann. § 55-10-106, the officer shall request such evidence from all drivers involved in the accident, without regard to apparent or actual fault.
   (C)   For the purposes of this section, FINANCIAL RESPONSIBILITY means:
      (1)   Documentation, such as the declaration page of an insurance policy, an insurance binder or an insurance card from an insurance company authorized to do business in the state, stating that a policy of insurance meeting the requirements of the State Financial Responsibility Law of 1977, compiled in Tenn. Code Ann. Title 55, Ch. 12, has been issued;
      (2)   A certificate, valid for one year, issued by the Commissioner of Safety, stating that a cash deposit or bond in the amount required by the State Financial Responsibility Law of 1977, compiled in Tenn. Code Ann. Title 55, Ch. 12, has been paid or filed with the Commissioner, or has qualified as a self-insurer under Tenn. Code Ann. § 55-12-111; or
      (3)   The motor vehicle being operated at the time of the violation was owned by a carrier subject to the jurisdiction of the Department of Safety or the Interstate Commerce Commission, or was owned by the United States, the state or any political subdivision thereof, and that such motor vehicle was being operated with the owner’s consent.
(1994 Code, § 15-125) (Ord. 031102.37, passed 5- -2002; Ord. 674, passed 6-26-2007) Penalty, see § 71.99
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