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The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section unless the context in which they appear indicates differently:
HIGHWAYS, RESTRICTED DISTRICTS, ZONES:
Arterial Street: Any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
Business District: The territory contiguous to and including a highway when within any six hundred feet (600') along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet (300') of frontage on one side or three hundred feet (300') collectively on both sides of the highway.
Controlled Access Highway: Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
Crosswalk: A. That part of the roadway at an intersection included within the connections of the lateral lines of the sidewalk on opposite sides of the highways measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
B. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Intersection: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
Laned Roadway: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
Official Traffic Control Devices: All signs, signals, markings and devices not inconsistent with this title placed or erected by authority of the city for the purpose of regulating, warning or guiding traffic.
Park: When prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
Private Road Or Driveway: Every way or place in private ownership and used for vehicular travel only by the owner or by those having express or implied permission from the owner.
Railroad Sign Or Signal: Any sign, signal or device erected by authority of the city or by a railroad and intended to give notice of the presence of a railroad train, railroad tracks or the approach of a railroad train.
Residence District: The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred feet (300') or more is in the main improved with residences or residences and buildings in use for business.
Right Of Way: The privilege of the immediate use of the highway.
Roadway: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
Safety Zone: The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Sidewalk: That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
Stop: When required means complete cessation from movement.
Stop, Stopping Or Standing: When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
Street Or Highway: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Through Highway: Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same, and when stop signs are erected at such entrances.
Traffic: Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purpose of travel.
Traffic Control Signal: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
Urban District: The territory contiguous to and including any street which is built up with structures devoted to business or industry, or where dwelling houses are situated at intervals of less than one hundred feet (100') for a distance of one-fourth (1/4) mile or more.
PERSONS, INDIVIDUALS AND OTHERS:
Driver: Every person who drives or is in actual physical control of a vehicle.
Owner: A person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
Pedestrian: Any person afoot.
Person: Every natural person, firm, copartnership, association or corporation.
Police Officer: Every officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.
VEHICLES AND EQUIPMENT:
Authorized Emergency Vehicle: Vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the director of law enforcement of the state of Idaho or by the chief of police of the city.
Bicycle: Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than twenty inches (20") in diameter.
Bus: Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
Farm Tractor: Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
Motor Driven Cycle: Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) horsepower, and every bicycle with motor attached.
Motor Vehicle: Every vehicle which is self-propelled.
Motorcycle: Every motor vehicle having a seat or saddle for use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
Pole Trailer: Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
Railroad: A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
Railroad Train: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
Road Tractor: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
School Bus: Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
Semitrailer: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Trailer: Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that part of the weight rests upon the towing vehicle.
Truck: Every motor vehicle designed, used or maintained primarily for the transportation of property.
Truck-Tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks. (1960 Code, Secs. 7-101, 7-102, 7-103, 7-104; amd. 1977 Code)
A. It is hereby declared to be the intent of the governing body of the city to aid and assist by whatever means possible, for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho motor vehicle laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the state.
B. There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city that certain code more particularly being title 49, Idaho Code, with the 1970 Idaho Code supplement, be and the same is hereby adopted and incorporated as an ordinance of the city as fully as though set forth at length herein.
C. Three (3) copies of title 49, Idaho Code, together with the Idaho Code 1970 supplement, duly certified by the city clerk, shall be kept on file in the office of the city clerk for use and examination of and by the public. (Ord. 510, 1-19-1971)
There is hereby adopted for the purpose of establishing a uniform system of traffic control devices, that certain manual known as the "Traffic Control Systems Manual", published by the state department of highways. A minimum of three (3) copies of said manual are on file in the office of the city clerk and the same is hereby adopted by reference as fully as if set out at length herein. (1977 Code)
A. It is unlawful and punishable as provided in subsection E of this section for any person who is under the influence of intoxicating beverages to drive or be in actual physical control of any motor vehicle within this state.
B. In any criminal prosecution for a violation of subsection A of this section relating to driving a motor vehicle while under the influence of intoxicating beverages, the amount of alcohol in the defendant's blood at the time of the alleged offense as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:
1. If there was at the time eight-hundredths percent (.08%) by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;
2. If there was at that time more than eight-hundredths percent (.08%) by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating beverages;
3. Percent by weight of alcohol in blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. Chemical analysis of blood, urine or breath for the purpose of determining the blood alcohol level shall be performed by a laboratory operated by the Idaho department of health and welfare or by a laboratory approved by the Idaho department of health and welfare under the provisions of approval and certification standards to be set by that department;
4. The foregoing provisions of subsection B of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating beverages.
C. It is unlawful and punishable as provided in subsection E of this section for any person who is a habitual user of, or under the influence of any narcotic drug, or who is under the influence of any other drug or any combination of intoxicating liquor and any drug to a degree which renders him incapable of safely driving a motor vehicle, to drive a motor vehicle within this state. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection.
D. It is unlawful and punishable as provided in subsection E of this section for any person who is under the influence of any other intoxicating substance or any combination of any intoxicating liquor, any drug and any other intoxicating substance to a degree which renders him incapable of safely driving a motor vehicle, to drive a motor vehicle within this state.
E. Every person who is convicted of a violation of this section shall be punished as provided in section 1-4-1 of this code. In addition, and upon conviction of driving while under the influence of intoxicants, the court shall demand the delivery of and shall receive the driver's license as provided by law. (1977 Code)
A. Any person who drives any vehicle upon a highway or street carelessly and heedlessly, 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, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection B of this section. (1960 Code, Sec. 7-502)
B. Every person convicted of reckless driving under this section shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than three hundred dollars ($300.00) or by imprisonment in the city or county jail for a period of not less than five (5) days nor more than ninety (90) days, or by both such fine and imprisonment; and on a second or subsequent conviction shall be fined not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or by imprisonment for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment; and provided further, that the department of law enforcement shall suspend the license of any such person. (1977 Code)
No person in charge of or driving a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway. (1960 Code, Sec. 7-1403)
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