A. Posted Limit:
1. It is unlawful for a person to operate a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
2. Any speed in excess of the limits specified in subsection C of this section is prima facie evidence that the speed is not reasonable or prudent and that it is unlawful under subsection A1 of this section. (Ord. 98-1, 4-6-1998)
3. The Mayor may determine, on the basis of an engineering and/or traffic investigation, a reasonable and safe prima facie speed limit different than that specified in subsection C of this section. Such speed limit is effective when appropriate signs giving notice are erected at an intersection or other place or part of a street. When such signs are in place, any speed in excess of the posted limits is prima facie evidence that the speed is not reasonable or prudent and that it is unlawful under subsection A1 of this section. (Ord. 98-1, 4-6-1998; amd. 2017 Code)
B. Safe And Appropriate Speeds At Certain Locations:
1. A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including, when:
a. Approaching and crossing an intersection or railroad grade crossing;
b. Approaching and going around a curve;
c. Approaching a hill crest;
d. Traveling upon any narrow or winding roadway; and
e. Special hazards exist due to pedestrians, other traffic, weather or highway conditions.
2. If no special hazard exists, and subject to subsection A of this section, the following speeds are lawful:
a. Twenty (20) miles per hour in a reduced speed school zone as defined in subsection C of this section;
b. Twenty five (25) miles per hour in any residential district, unless otherwise posted;
c. Forty (40) miles per hour on Connor Avenue (Highway 36) within the Town limits.
3. Except as provided in subsections A and C of this section, any speed in excess of the limits provided in subsection B2 of this section, is prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
C. School Zones:
1. As used in this section "reduced speed school zone" means a designated length of a highway or street extending from a school speed limit sign while the warning lights are operating to an end school zone sign.
2. While children are going to or leaving school during opening and closing hours, all reduced speed school zones shall have:
a. The warning lights operating on each school speed limit sign; and
b. A school crossing guard present if the reduced speed school zone is for an elementary school.
3. A person may not operate a vehicle at a speed greater than twenty (20) miles per hour in a reduced speed school zone, as defined in subsection C1 of this section.
4. a. A violation of this subsection C is an infraction and the minimum fine is as follows:
(1) For a first offense, the fine shall be calculated according to the following schedule:
Vehicle Speed | Minimum Fine |
21 - 29 miles per hour | $ 50.00 |
30 - 39 miles per hour | 125.00 |
40 miles per hour and over | 275.00 |
(2) For a second and subsequent offense within three (3) years or a previous conviction or bail forfeiture, the fine shall be calculated according to the following schedule:
Vehicle Speed | Minimum Fine |
21 - 29 miles per hour | $ 75.00 |
30 - 39 miles per hour | 225.00 |
40 miles per hour and over | 525.00 |
b. (1) Except as provided under subsection C4a(2) of this section, the court may order the person to perform community service in lieu of a fine, or any portion of the fine.
(2) The court shall order the person to perform community service observing a crossing guard if the conviction is for a:
(A) First offense with a vehicle speed of thirty (30) miles per hour or more; or
(B) Second and subsequent offenses within three (3) years of a previous conviction or bail forfeiture.
(3) The court may waive the community service required under subsection C4b(2) of this section if the court makes the reasons for the waiver part of the record.
D. Driving Too Slow: A person may not operate a motor vehicle at a speed as to impede or block the normal and reasonable movement of traffic, except when:
1. Reduced speed is necessary for safe operation;
2. Upon a grade; or
3. In compliance with official traffic control devices.
E. Speed Or Acceleration Contests:
1. A person may not engage in any vehicle exhibition of speed or engage in any speed contest on any street or alley or aid or abet in any motor vehicle speed contest on any street or alley.
2. A person may not, for the purpose of facilitating, aiding or inducing any vehicle speed contest or exhibition or vehicle acceleration contest or exhibition in any manner obstruct or place any barricade or obstruction or assist or participate in placing any barricade or obstruction upon any street or alley.
F. Violations; Speed Stated In Citation: In every charge of violation of any speed provision of this section, the complaint and summons or notice to appear shall specify the speed at which the defendant is alleged to have operated a vehicle, and the prima facie speed applicable within the district or at the location. (Ord. 98-1, 4-6-1998)
G. Bail Amount: Exhibit A on file in the Town, shall have the breakdown of bail amounts for speeding over the limit, which said exhibit may be changed from time to time as necessary. (Ord. 98-1, 4-6-1998; amd. 2017 Code)