(A) (1) No person shall drive a vehicle of the first division as described in § 70.02, upon any public highway at a speed greater than is reasonable and proper having regard to the traffic and the use of the way, or so as to endanger the life or limb or injure the property of any person. If the rate of speed of any motor vehicle of said first division through the business district of the village exceeds 20 mph, or if the rate of speed of any motor vehicle while operated upon any public highway through the residence district of the village exceeds 25 mph, or if the rate of speed of any such motor vehicle operated on any public highway in a suburban district exceeds 35 mph, such rates of speed shall be prima facie evidence that the person operating such motor vehicle is running at a rate of speed greater than is reasonable and proper having regard to the traffic and use of the way, or so as to endanger the life or limb or injure the property of any person.
(2) The rate of speed of all vehicles of the second division, as described in § 70.02, shall always be reasonable and safe and be governed, as near as may be, by the general requirements of division (A)(1) of this section, but such speed shall not exceed the following rates:
(a) Vehicles having a gross weight of 5,000 pounds and less, including the weight of the vehicle and the maximum load, if equipped with pneumatic tires, 35 mph;
(b) Vehicles designed and used for carrying more than seven persons and having a gross weight of not more than 12,000 pounds, including the weight of the vehicle and the maximum load, if equipped with pneumatic tires, 35 mph; vehicles designed and used for pulling and carrying freight and having a gross weight of not more than 12,000 pounds, including the weight of the vehicle and maximum load, if equipped with pneumatic tires, 35 mph;
(c) Vehicles designed and used for carrying and having a gross weight of more than 12,000 pounds but not more than 15,000 pounds, including the weight of the vehicle and the maximum load, if equipped with pneumatic tires, 35 mph; vehicles designed and used for pulling and carrying freight and having a gross weight of more than 12,000 but not more than 15,000 pounds, including the weight of the vehicle and maximum load, if equipped with pneumatic tires, 30 mph; and
(d) Vehicles having a gross weight of more than 15,000 pounds, including the weight of the vehicle and the maximum load, if equipped with pneumatic tires, 25 mph.
(3) The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when traveling upon any narrow roadway, or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle, or on entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(B) (1) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY.
A public way within a block, generally giving access to the rear of lots or buildings, and not used for general traffic circulation.
STREET
or
HIGHWAY.
The entire width between property lines or every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.
VEHICLE.
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(2) Speed restrictions. It shall be unlawful to drive any motor vehicle within the village at a speed in excess of the designated speed limits set forth in Chapter 75, Schedule II.
(3) Conditions.
(a) If the President and Board of Trustees by ordinance sets other limits as provided by statute after an engineering or traffic survey, then such limits shall govern the rate of speed on the streets indicated in such ordinance. The Director of Public Works and Public Safety shall post appropriate signs showing such speed limits.
(b) The speed of all vehicles of the second division, as defined by statute, having two or more solid tires shall not exceed ten mph.
(c) The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions; and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(d) It shall be unlawful to drive any vehicle on any street or highway within the village under jurisdiction of the State Department of Transportation or of the county at a speed exceeding that lawfully set for such street.
(4) Special speed limit while passing schools. No person shall drive a motor vehicle at a speed in excess of 20 mph while passing a school zone as designated by road signs at any time during school days when school children are present.
(Ord. passed 2-6-1950; Ord. 90-4, passed 7-16-1990) Penalty, see § 71.99