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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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§ 71.25 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
§ 71.28 USE OF SAFETY BELTS IN PASSENGER VEHICLES.
   (A)   (1)   No person shall operate a passenger motor vehicle on any highway, as defined in Tenn. Code Ann. § 55-8-101(22), in the city unless such person and all passengers four years of age or older are restrained by a safety belt at all times the vehicle is in forward motion.
      (2)   No person four years of age or older shall be a passenger in a passenger motor vehicle on any highway, as defined in Tenn. Code Ann. § 55-8-101(22), in the city unless such person is restrained by a safety belt at all times the vehicle is in forward motion.
   (B)   (1)   The provisions of this section shall apply only to the operator and all passengers occupying the front seat of a passenger motor vehicle.
      (2)   If the vehicle is equipped with a rear seat which is capable of folding, the provisions of this section shall only apply to front seat passengers and the operator if the back seat is in the fold down position.
   (C)   As used in this section, unless specified otherwise, PASSENGER CAR or PASSENGER MOTOR VEHICLE means any motor vehicle with a manufacturer’s gross vehicle weight rating of 8,500 pounds or less, that is not used as a public or livery conveyance for passengers. “Passenger car” or “passenger motor vehicle” does not apply to motor vehicles which are not required by federal law to be equipped with safety belts.
   (D)   This section does not apply to:
      (1)   A passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety seat or safety belt; provided that, such condition is duly certified in writing by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate;
      (2)   A passenger motor vehicle operated by a rural letter carrier of the United States postal service while performing the duties of a rural letter carrier;
      (3)   Salespersons or mechanics employed by an automobile dealer who, in the course of their employment, test-drive a motor vehicle, if such dealership customarily test-drives 50 or more motor vehicles a day, and if such test-drives occur within one mile of the location of the dealership;
      (4)   Utility workers, water, gas and electric meter readers in the course of their employment;
      (5)   A newspaper delivery motor carrier service while performing the duties of a newspaper delivery motor carrier service; provided that, this exemption shall only apply from the time of the actual first delivery to the customer until the last actual delivery to the customer;
      (6)   A vehicle in use in a parade if operated at less than 15 mph;
      (7)   A vehicle in use in a hayride if operated at less than 15 mph; or
      (8)   A vehicle crossing a highway from one field to another if operated at less than 15 mph.
   (E)   (1)   Notwithstanding any provision of this section to the contrary, no person between 16 years of age and up to and through the age of 17 years of age, shall operate a passenger motor vehicle, or be a passenger therein, unless such person is restrained by a safety belt at all times the vehicle is in forward motion.
      (2)   Notwithstanding division (B)(1) above, the provisions of this division (E) shall apply to all occupants between 16 years of age and 18 years of age occupying any seat in a passenger motor vehicle.
      (3)   Notwithstanding § 71.99(C)(5)(a) of this chapter, a law enforcement officer observing a violation of this division (E) shall issue a citation to the violator, but shall not arrest or take into custody any person solely for a violation of this division (E).
   (F)   Notwithstanding the provisions of division (B) above, no person with a learner’s permit or an intermediate driver’s license shall operate a passenger motor vehicle in the city unless such person and all passengers between the ages of four and 17 years of age are restrained by a safety belt at all times the vehicle is in forward motion.
   (G)   There shall be a $5 fee from all seatbelt citation(s) fines for violators age 16 and above retained by the office of the Court Clerk for the city as set forth in Tenn. Code Ann. §§ 55-9-602 and 55-9-603
(1994 Code, § 15-126) (Ord. 674, passed 6-26-2007; Ord. 845, passed 9-23-2019) Penalty, see § 71.99
§ 71.29 ADOPTION OF STATE TRAFFIC STATUTES.
   By the authority granted under Tenn. Code Ann. § 16-18-302, the city adopts by reference as if fully set forth in this section Tenn. Code Ann. Title 55.
(1994 Code, § 15-127) (Ord. 674, passed 6-26-2007)
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