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No person shall drive a vehicle upon any street, alley or public place in the city at a speed greater than is reasonable and prudent under the conditions then existing, and it shall be prima facie unlawful and prima facie evidence that the speed is not reasonable and prudent under the conditions then existing for the driver of any vehicle or motor vehicle to drive the same upon any street, alley or public place in the city at a speed exceeding the following:
A. Fifteen Miles Per Hour:
1. When approaching within fifty feet (50') of a grade crossing of any railway when the driver's view is obstructed. The driver's view shall be deemed to be obstructed when, at any time during the last two hundred feet (200') of his approach to such crossing, he does not have a clear and uninterrupted view of such railway crossing and of any traffic on such railway for a distance of four hundred feet (400') in each direction for such crossing.
2. When passing a school during school recess or while children are going to or leaving school during opening or closing hours.
3. When approaching within fifty feet (50') and in traversing an intersection of highways when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when, at the time during the last fifty feet (50') of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the highways entering such intersection for a distance of two hundred feet (200') from such intersection.
4. In traversing or going around curves or traversing a grade upon a highway when the driver's view is obstructed within a distance of one hundred feet (100') along such highway in the direction in which he is proceeding.
B. Twenty Miles Per Hour: Within the business district of the city, except upon state highways which shall have the speed limit posted thereon.
C. Twenty Five Miles Per Hour: Within the residence district of the city, except upon state highways which shall have the speed limit posted thereon.
D. Exceeding Speed Limit Generally: Exceeding the posted speed limit on any roadway, street or highway within the jurisdiction of the city. (1984 Code § 23-29)
E. No person shall drive any vehicle at an unnecessarily slow rate of speed so as to hinder and retard the traffic. (1984 Code § 23-32)
Notes
| 1 | 1. SDCL § 32-25-1 et seq., and § 32-14-3 et seq. |
A. Driving On Right Side Of Street: The operator of a vehicle shall drive the same upon the right half on the street except upon one way streets, and the operator of a slow moving vehicle shall drive the same as close as possible to the right hand edge or curb of the street unless it is impractical to travel on such side of the street and except when overtaking or passing another vehicle subject to limitations applicable by law in overtaking and passing. (1984 Code § 23-30)
B. Lane Driving Required; Changing Lanes: On roadways divided into lanes, a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (1984 Code § 23-31)
C. Procedure Upon Being Overtaken By Another Vehicle: The operator of a vehicle upon a street, about to be overtaken and passed by another vehicle approaching from the rear, shall give way to the right in favor of the overtaking vehicle, on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (1984 Code § 23-32)
D. Traffic On One Way Streets And Alleys: Whenever the city council shall determine a street or alley to be a one way traffic street or alley and shall cause said street or alley to be marked with the appropriate signs giving notice thereof, it shall be unlawful for any person to operate any vehicle in violation of the markings, signs, barriers or other devices placed in accordance with the provision of this subsection. (1984 Code § 23-38)
E. Exempt One Way Traffic: Notwithstanding subsection D of this section, the city council may, upon request, exempt requesting companies, organizations, or other entities from one way traffic requirements upon a showing of good cause. If approved, the finance office shall issue an exemption permit listing the duration, extent, limitations, and conditions of the approval. Permits shall be subject to revocation for violation of the permit's terms. (Ord. O2017-05, 5-1-2017; amd. Ord. O2019-18, 9-3-2019)
Notes
| 1 | 1. SDCL § 32-26-1 et seq. |
A. Overtaking On The Left: The operator of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof but only when such left side is clearly visible and is free from oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety and shall not cut in front of the overtaken vehicle until safely clear of same; except, no such passing shall occur through an intersection. (1984 Code § 23-33)
B. Overtaking On The Right: The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn.
2. Upon a street or highway with unobstructed pavement of sufficient width for two (2) or more lanes of moving vehicles in each direction.
3. Upon a one way street or upon any roadway on which traffic is restricted to one direction of movement where the roadway is free from obstructions and is of sufficient width for two (2) or more lanes of moving vehicles.
The driver a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway. (1984 Code § 23-34)
Notes
| 1 | 1. SDCL § 32-26-26 et seq. |
A. Signals Required: No person shall turn, stop or suddenly decrease the speed of the vehicle without first giving an appropriate signal, either by means of hand and arm in the manner specified hereafter or by approved mechanical or electrical signal device, to all other drivers in the immediate vicinity who may be affected by the turn, sudden decrease in speed or stop of his vehicle.
B. Hand And Arm Signals: Whenever the signal required herein is given by means of the hand and arm, the driver shall indicate his intention to turn, stop or decrease speed by extending the hand and arm from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
Left turn | Hand and arm extended horizontally |
Right turn | Hand and arm extended upward |
Stop or decrease speed | Hand and arm extended downward |
(1984 Code § 23-35)
Notes
| 1 | 2. SDCL § 32-26-23 et seq. |
A. Procedure Upon Approaching Stop Sign: The driver of a vehicle approaching a stop sign shall, in obedience to such sign, stop and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and shall yield the right-of-way to any vehicle in the intersection or approaching the intersection as crossing traffic. The driver of the vehicle stopped at the stop sign may proceed only when the same can be done without interfering with the right-of-way of any crossing traffic or any pedestrian crossing the roadway; provided, that if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past the stop sign, with or without stopping, such a collision shall be deemed prima facie evidence of his failure to yield the right-of- way. (1984 Code § 23-16)
B. Procedure Upon Approaching Yield Sign: The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and shall yield to any vehicle in the intersection or approaching on another highway, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding; provided, that if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past the yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way. (1984 Code § 23-15)
Notes
| 1 | 1. SDCL § 32-26-3. |
A. Emerging From Alley Or Private Drive: The operator of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto a sidewalk area extending across such alleyway. (1984 Code § 23-28)
B. Driving On Parkings Or Sidewalks: No person shall drive any vehicle or motor vehicle upon any sidewalk or parking or permit such vehicle to be driven or remain on any sidewalk or parking, except in crossing at a permanent or temporary driveway. This subsection does not apply to bicycles as defined in section 7-8-1 of this title. (1984 Code § 23-36; amd. Ord. O2019-03, 4-15-2019, eff. 7-1-2019)
C. Following Too Closely: The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the roadway. (1984 Code § 23-20)
D. Unsafe Backing: The driver of a vehicle shall not back the same unless such movement can be made in a safe manner and without interfering with other traffic. (1984 Code § 23-21)
A. Permit Requirements: No parade or procession, other than a funeral procession, shall be held or participated in upon the streets of the City except with the prior consent, in writing, of the Chief of Police or designated representative obtained upon application filed with the department setting forth the time of, route of, approximate number of persons and vehicles to participate in and the names and character of the group or organization sponsoring such parade or procession.
The consent of the Chief of Police or designated representative to the holding of such parade or procession shall be given unless it reasonably appears that the holding of the same set out in the application would unreasonably obstruct and impede the traffic or would be likely to disturb the peace and quiet of the City. (1984 Code § 23-7)
B. Driving Through Processions Prohibited: No operator of any vehicle shall drive between vehicles comprising a funeral or other authorized procession while they are in motion, provided that such vehicles are conspicuously so designated. These provisions shall not apply at intersections where traffic is controlled by traffic control signals or a police officer. (1984 Code § 23-8)
A. Exhibition Driving: No person shall drive a vehicle within the city in such a manner that creates or causes unnecessary engine noise, tire squeal, skid or slide upon acceleration or stopping or that simulates a temporary race or that causes the vehicle to unnecessarily turn abruptly or sway. (1984 Code § 23-22)
B. Careless Driving 1 : Any person who drives a vehicle within the city carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving, is guilty of careless driving. (Ord. 1819, 8-21-1995)
C. Reckless Driving 2 : Any person who drives any vehicle within the limits of the city carelessly and heedlessly in disregard of the rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving. (1984 Code § 23-24)
D. Racing Vehicles: The following words and phrases, as used in this subsection, shall have the meanings ascribed to them herein:
1. Definitions:
DRAG RACE: The operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
RACING: The use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.
2. Prohibitions: No person shall drive any vehicle in any race on a street or highway, speed competition or contest, drag race or acceleration test, test of physical endurance, exhibition of speed or acceleration or for the purpose of making a speed record, and no person shall, in any manner participate in any such race, competition, contest, test or exhibition. (1984 Code § 23-25)
E. Clinging To Motor Vehicles: No person traveling on any bicycle, coaster, sled, roller skates or any toy vehicle shall cling to, be drawn by or attach his vehicle to any other moving vehicle upon any roadway. (1984 Code § 23-5)
F. Riding On Outside Of Vehicle: No person shall ride upon the running boards, fenders, roof, trunk or hood of any motor vehicle in motion or on the edge of the box on any pickup or truck while the same is in motion. (1984 Code § 23-9)
G. Texting While Driving Prohibited:
1. Definitions:
ELECTRONIC WIRELESS COMMUNICATION DEVICE: A mobile communication device that uses shortwave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area.
EMERGENCY RESPONSE VEHICLE: Any ambulance, fire department, law enforcement, or civil defense vehicle or other vehicle used primarily for emergency purposes.
VOICE OPERATED OR HANDS FREE TECHNOLOGY: Technology that allows a user to write, send or read a text based communication without the use of either hand except to activate, deactivate or initiate a feature or function.
WRITE, SEND, OR READ A TEXT BASED COMMUNICATION: Using an electronic wireless communications device to manually communicate with any person using text based communication including communications referred to as a text message, instant message, or electronic mail.
2. Prohibitions: No person may operate a motor vehicle on a public roadway while using a handheld electronic wireless communication device to write, send, or read a text based communication. This subsection does not apply to a person who is using a handheld electronic wireless communication device:
a. While the vehicle is lawfully parked;
b. To contact an emergency response vehicle or any public safety answering point or dispatch center;
c. To write, read, select or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or
d. When using voice operated or hands free technology.
3. Penalty: Any person who operates a motor vehicle within the jurisdictional limits of the city of Mitchell, South Dakota, in violation of this subsection, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 2433, 4-15-2013)
Notes
| 1 | 1. SDCL § 32-24-8. |
| 2 | 1. SDCL § 32-24-1 et seq. |
The plated alley located within block 9, original town (now city) of Mitchell, is hereby designated and established as a restricted access alley. Vehicle access through and upon said alley shall be limited to persons who are either business operators or employees of the business locations served by said alley and service vehicles legitimately engaged in delivery of goods or other service provisions in respect to the business locations served by said alley. A sign shall be placed at the entrance to the alley advising the public of the access restrictions applying to said alley. Persons entering said alley in violation of this section shall be subject to citation and fine in the sum of twenty five dollars ($25.00) per violation. (Ord. 1802, 5-1-1995)