Loading...
§ 71.004 PERSONS PROPELLING PUSHCARTS OR RIDING ANIMALS TO OBEY TRAFFIC REGULATIONS.
   Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.
(1992 Code, § 40-25) Penalty, see § 10.999
Cross-reference:
   Animals and fowl, see ch. 90
§ 71.005 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS.
   The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, county or city, and it shall be unlawful for any driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter.
(1992 Code, § 40-26) Penalty, see § 10.999
§ 71.006 EXEMPTIONS TO AUTHORIZED EMERGENCY VEHICLES.
   (a)   Circumstances under which emergency vehicle may disregard traffic regulations. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in division (b) below, but subject to the conditions stated in divisions (c) and (d) below.
   (b)   Particular regulations which may be disregarded. The driver of an authorized emergency vehicle may:
      (1)   Park or stand, irrespective of the provisions of SDCL ch. 32-30;
      (2)   Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; and
      (3)   Disregard regulations governing direction of movement or turning in specified directions.
   (c)   Use of emergency signals required. The exemptions granted in divisions (b)(2) and (b)(3) above to an authorized emergency vehicle apply only if the vehicle is making use of audible and visual signals meeting the requirements of law. However, the exemption granted in division (b)(1) above to an authorized emergency vehicle applies only if the vehicle is making use of visual signals meeting the requirements of law.
   (d)   Duty of driver to use care; liability for recklessness. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall the provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
   (e)   Speed. The speed of an authorized emergency vehicle shall be governed by § 76.004.
(1957 Rev. Ords., § 13.115; 1992 Code, § 40-27)
§ 71.007 APPLICATION TO WORKERS, EQUIPMENT.
   The provisions of this chapter shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon the surface of the street, but shall apply to those persons and vehicles when traveling to and from work, provided, however, those persons and vehicles shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the street for other vehicles to pass.
(1957 Rev. Ords., § 13.126; 1992 Code, § 40-28) (Ord. 2423, passed 6-13-1966)
PROCEDURES UPON ARREST
§ 71.020 MANNER OF ARREST.
   Except in the more serious and aggravated cases of speeding or careless and reckless driving and except when reasonably necessary to secure appearance, a person charged with a violation of this chapter or a traffic ordinance of the city by a police officer need not be arrested in the regular manner but may be first given an opportunity after notice to appear voluntarily to answer for the traffic violation.
(1957 Rev. Ords., § 13.201; 1992 Code, § 40-38)
§ 71.021 NOTICE TO APPEAR.
   (a)   A person charged with violation of this chapter or a traffic ordinance by notice shall be given a notice to appear in magistrate court at the time, or within the time stated in the notice, which shall be at least five days after the time of the offense, and that, in event of failure to do so, a warrant will be issued for his or her arrest.
   (b)   The notice shall state the name, description and address of the offender, if known, the nature and date of the offense and a description of the vehicle involved in the violation by trade name and license number. The notice shall be signed by the police officer executing it.
   (c)   A copy of the notice shall be given to the owner or driver charged with the offense, or to be left in or upon the automobile or vehicle involved in the violation. A copy of the notice or the information contained on the notice shall be filed with the police department and a clerk of courts.
   (d)   If the person charged with the offense is available, he or she shall be given an opportunity to sign an agreement to appear to answer the charge at the time and place specified in the notice, which form of agreement shall be part of the notice, and if he or she shall refuse to sign the agreement then he or she may be placed under arrest for the offense in the manner otherwise provided by law.
(1957 Rev. Ords., § 13.202; 1992 Code, § 40-39)
Loading...