Section
70.001 Definitions
70.002 Ordinances saved from repeal
70.003 Clinging to moving vehicle
70.004 Boarding or alighting from vehicle
70.005 Coasters, roller skates and similar devices
70.006 Riding on outside of vehicles
70.007 Opening doors into traffic
70.008 Emergency and experimental regulations
70.009 Wheeled motor vehicles prohibited on flood protection levees
70.010 Declaration prohibiting travel on city streets
Cross-reference:
Airports, see ch. 99
Alcoholic beverages, see ch. 111
Application of traffic regulations to bicycles, see § 81.015
Bicycles, see ch. 81
Fire protection and prevention, see ch. 91
Manufactured homes, see ch. 152
Peddlers and vendors, see ch. 117
Permit for parade or assembly required, see § 96.181
Placing handbills on vehicles, see § 97.018
Refusal to admit certain vehicles to sanitary landfill, see § 57.053
Signs and outdoor advertising, see ch. 155
Streets and sidewalks, see ch. 96
Vehicle parking in parks, see § 95.008
Vehicles for hire, see ch. 124
Vehicles left in parks after closing hours, see § 95.025
Statutory reference:
Motor vehicles, see SDCL title 32
Regulation of traffic, SDCL 9-30-4, 9-31-1 et seq.
For the purposes of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT TRICYCLE. Every conveyance having three wheels, propelled solely by human power, upon which any adult may ride, except scooters, children’s tricycles, and similar devices.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of a fire department, police vehicles, and ambulances and emergency vehicles of city departments or public service corporations as are designated or authorized by the department.
BICYCLE. Every wheeled conveyance having two tandem wheels, propelled solely by human power, upon which any person may ride, except scooters and similar devices, but also including adult tricycles.
BICYCLE LANE. An exclusive space for bicyclists and e-bicyclists through the use of pavement markings and signage. The bicycle lane is located adjacent to motor vehicle travel lanes.
BUSINESS DISTRICT. The territory contiguous to a highway when 50% or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
CROSSWALK. The part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB. The extreme edge or lateral boundary of a roadway, whether marked by curbing or not so marked.
CURB LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
CYCLE TRACK. A cycle track is an exclusive bicycle facility that combines the user experience of a separated path with the on-street infrastructure of a conventional bicycle lane. A cycle track is physically separated from motor vehicle traffic and distinct from the sidewalk.
DELIVERY VEHICLE. Any vehicle used for deliveries in a business district and displaying a sign on the curb side of the vehicle. The sign must be of a permanent material, show the company name, indicate that the vehicle is a delivery vehicle, and have a minimum size of six inches by 12 inches.
DEPARTMENT. The police department.
DRIVER. Any person who is in actual physical control of a vehicle.
E-BICYCLE. A wheeled conveyance having two tandem wheels or two parallel wheels and one forward or rearward wheel, and two of which are not less than 12 inches in diameter, with operable pedals for
propulsion, and with an electric motor of 750 watts or less.
An e-bicycle is a Class I e-bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of 20 miles per hour is achieved.
An e-bicycle is a Class II e-bicycle if the motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance when a speed of 20 miles per hour is achieved.
An e-bicycle is a Class III e-bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of 28 miles per hour is achieved.
ELECTRONIC COMMUNICATION DEVICE. Wireless or cellular phones, PDAs, BlackBerries, smartphones, MP3 players, laptop or notebook computers utilizing VoIP (Voice-over Internet Protocol) technology, wireless and cellular phones utilizing push-to-talk technology, and any other mobile communication device that uses shortwave analog or digital radio transmission between the device and a transmitter to permit wireless communications to and from the user of the device.
ELECTRONIC MESSAGE. A self-contained piece of digital communication that is designed or intended to be transmitted between two physical devices. An ELECTRONIC MESSAGE includes, but is not limited to, email, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An ELECTRONIC MESSAGE does not include the use of global positioning or navigation systems or voice or other data transmitted as a result of making a phone call or data transmitted automatically by a wireless communication device without direct initiation by a person.
INTERSECTION. The area embraced within the prolongation of the lateral curblines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other. However, the area in the case of the point where an alley and a street meet within the city is not an INTERSECTION.
LANED STREET. A street, the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.
MOTORCYCLE. Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle as may be included within the term “tractor.”
MOTOR VEHICLE. Every vehicle which is self-propelled. The term does not include an electric bicycle.
OBSTRUCTIONS. Include, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge.
OFFICIAL TRAFFIC SIGNALS. All signals, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning, or regulating traffic.
OFFICIAL TRAFFIC SIGNS. All signs and markings, other than signals, not inconsistent with this chapter, placed or erected by a public body or official having jurisdiction for the purpose of guiding, directing, warning, or regulating traffic.
PARK or PARKING. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
PARKWAY. The paved or unpaved strip of land paralleling the roadway and located between the roadway and sidewalk area.
PEDESTRIAN. Any person afoot.
PEDESTRIAN FACILITIES. Walkways, sidewalks, and crosswalks designed for use by pedestrians.
POLICE OFFICER. Every officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
PRIVATE ROAD or DRIVEWAY. Every road or driveway not open to the use of the public for purposes of vehicular travel.
RECREATION TRAILS. Any publicly owned pathway within the floodplain of the Big Sioux River and the pathways which lead directly into this pathway system which are open to the public for recreation or travel and which prohibit motorists from traveling upon them.
RESIDENCE DISTRICT. The territory contiguous to a highway not comprising a business district when the frontage on the highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.
RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under those circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate ROADWAYS, the word ROADWAY shall refer to any ROADWAY separately but not to all ROADWAYS collectively.
SIDEWALK. The portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for use of pedestrians.
SIDEPATH. A sidepath is a path next to the street, like a sidewalk, except that the sidepath is 8 to 12 feet in width and designated by signage as a sidepath. A sidepath allows and is designed for pedestrian, bicycle, and e-bicycle traffic.
STANDARD WIDTH LANE. A lane that is wide enough for a bicycle or e-bicycle and another vehicle to travel safely side by side within the same lane.
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 as a matter of right for purposes of vehicular travel.
SUBSTANDARD WIDTH LANE. A lane that is too narrow for a bicycle or e-bicycle and another vehicle to travel safely side by side within the lane.
THROUGH STREET. Any street or part of a street that has an intersecting street controlled by traffic control signals or stop or yield signs.
TRAFFIC. Pedestrians, ridden animals, herded animals, and vehicles while using any street for purpose of travel.
TRAFFIC CONTROL SIGNAL. Any device using colored lights, or words, or any combination thereof, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks, including bicycles, e-bicycles, and ridden animals.
(1957 Rev. Ords., § 13.101; 1992 Code, § 40-1) (Ord. 2423, passed 6-13-1966; Ord. 28-83, passed 5-2-1983; Ord. 32-93, passed 4-26-1993; Ord. 46-12, passed 7-10-2012; Ord. 73-12, passed 9-4-2012; Ord. 118-18, passed 12-18-2018; Ord. 66-19, passed 6-18-2019; Ord. 18-24, passed 3-5-2024; Ord. 19-24, passed 3-5-2024)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
Statutory reference:
Traffic definitions, see SDCL 32-14-1
Nothing contained in this Code, nor in the ordinance adopting this Code, shall be construed to repeal or otherwise affect in any manner any ordinance designating one-way streets or alleys, through streets, stop or yield intersections, intersections at which traffic control signals are to be installed, areas or spaces in which the parking of vehicles is prohibited or limited, intersections at which the turning of vehicles is prohibited, restricted or regulated, speed limits or any other ordinance regulating traffic on specific streets, alleys or other public ways in the city or portions thereof or in specific areas of the city and all ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(1992 Code, § 40-2)
No person traveling upon any bicycle, e-bicycle, coaster, sled, skis, roller skates, or any other toy vehicle shall cling to or attach himself or herself or his or her vehicle to any other moving vehicle upon any roadway.
(1957 Rev. Ords., § 13.152; 1992 Code, § 40-6 (Ord. 28-83, passed 5-2-1983; Ord. 66-19, passed 6-18-2019) Penalty, see § 10.999
No person shall board or alight from any vehicle while the vehicle is in motion.
(1957 Rev. Ords., § 13.150; 1992 Code, § 40-7) Penalty, see § 10.999
No person on roller skates or riding in or by means of any coaster or toy vehicle or similar device shall go upon any roadway except while crossing a street or a sidewalk and when so crossing the person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. This section shall not apply on any street while set aside as a play street.
(1957 Rev. Ords., § 13.151; 1992 Code, § 40-8) Penalty, see § 10.999
No person shall ride on any vehicle upon any portion thereof not designated or intended for the use of passengers, nor shall the operator of the vehicle permit any person to so ride. This section shall not apply to vehicles in parades for which a parade permit has been issued nor to persons riding within truck bodies in space intended for merchandise.
(1957 Rev. Ords., § 13.153; 1992 Code, § 40-9) (Ord. 2423, passed 6-13-1966; Ord. 11-83, passed 2-7-1983) Penalty, see § 10.999
No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
(1992 Code, § 40-10) Penalty, see § 10.999
Statutory reference:
Similar provisions, see SDCL 32-30-2.5
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