(a) No person may drive a vehicle on a highway at a speed greater than is reasonable and prudent under the existing conditions and the actual and potential hazards. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highways in compliance with legal requirements and the duty of all persons to use due care.
(b) Where no special hazard exists that requires lower speed for compliance with subsection (a) hereof, the speed of any vehicle not in excess of the limits specified in this section or established as authorized in this section is lawful, but any speed in excess of the limits specified in this subsection or established as authorized in this section is unlawful. The following speed limits apply:
(1) Fifteen miles per hour in a school zone during school recess or while children are going to or leaving school during opening or closing hours. A school zone is all school property, including school grounds and any street or highway abutting the school grounds and extending one hundred twenty- five feet along the street or highway from the school grounds. The speed restriction does not apply to vehicles traveling on a controlled-access highway which is separated from the school or school grounds by a fence or barrier approved by the Division of Highways;
(2) Twenty-five miles per hour in any business or residence district; and
(3) Fifty-five miles per hour on open country highways, except as otherwise provided by this chapter.
The speeds set forth in this section may be altered.
(c) The driver of every vehicle shall, consistent with the requirements of subsection (a) hereof, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Unless otherwise provided in this section, any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than five hundred dollars: provided, that if the third or subsequent conviction is based upon a violation of the provisions of this section where the offender exceeded the speed limit by fifteen miles per hour or more, then upon conviction, shall be fined not more than five hundred dollars or confined in the County or Regional Jail for not more than thirty days, or both.
(e) Any person who violates the provisions of subsection (b)(1) hereof is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars: provided, that if the conviction is based upon a violation of the provisions of subsection (b)(1) hereof where the offender exceeded the speed limit by fifteen miles per hour or more in the presence of one or more children, then upon conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars or confined in the Regional or County Jail for not more than thirty days, or both.
(f) Any person operating a commercial motor vehicle engaged in the transportation of coal on the coal resource transportation road system who violates subsection (a), (b) or (c) shall, upon conviction, be subject to fines in triple the amount otherwise provided in subsection (d) hereof.
(g) The speed of a motor vehicle may be proved by evidence obtained by use of any device designed to measure and indicate or record the speed of a moving object by means of microwaves, laser, or other device approved for use for the purpose of detecting speed by the State legislature when such evidence is obtained by police officers of the City of St. Albans. The evidence so obtained shall be accepted as prima facie evidence of the speed of such vehicle.
(Ord. 2007-12. Passed 9-17-07.)