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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)