TITLE 6
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1
TRAFFIC RULES AND REGULATIONS
SECTION:
6-1-1: Traffic Code Adopted
6-1-2: City Traffic Engineer; Appointment
6-1-3: On Street Parking Regulations
6-1-4: Operation Of Vehicles
6-1-5: Intoxication
6-1-6: Restricted Or Dangerous Vehicles
6-1-6-1: Low Profile Motorized Vehicles
6-1-7: Vehicle Regulations
6-1-8: Penalty
6-1-1: TRAFFIC CODE ADOPTED:
That certain code in book form known as "Traffic Rules And Regulations" compiled by the state department of public safety, and as amended or superseded from time to time is hereby adopted. All laws, rules and regulations continued therein where applicable shall be in full force and effect within the city. Not less than three (3) copies of said book shall remain on file in the office of the city recorder. (1989 Code § 7-1-1, 9-20-1988; amd. 1997 Code)
6-1-2: CITY TRAFFIC ENGINEER; APPOINTMENT:
   A.   Established: The office of the traffic engineer is hereby established. Until further designation and appointment is made by the city council, the chief of police is hereby appointed as the traffic engineer and shall exercise all the powers and duties as provided by the ordinances of the city. (1989 Code § 7-1-2, 9-20-1988)
   B.   Authority, Powers And Duties:
      1.   General: It is the general duty of the city traffic engineer to determine the installation and maintenance of traffic control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties imposed by the ordinances of the city. (1989 Code § 7-1-5, 9-20-1988)
      2.   Traffic Control Devices:
         a.   The traffic engineer shall place, recommend and maintain on city streets all traffic control devices when and as required under the ordinances of the city to make effective the provisions of said ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate, guide or warn traffic under the traffic ordinances of the city. All such traffic control devices shall conform to and be maintained in conformance with the state manual and specifications. This subsection shall not apply to traffic control devices authorized installed and maintained by the state. (1989 Code § 7-1-3, 9-20-1988)
         b.   The traffic engineer may test traffic control devices under actual conditions of traffic. (1989 Code § 7-1-4(2), 9-20-1988)
      3.   Temporary Or Experimental Regulations: The traffic engineer is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of the city and to make and enforce temporary or experimental regulations to cover any emergency or special conditions. No such temporary or experimental regulations shall remain in effect for more than ninety (90) days. (1989 Code § 7-1-4(1), 9-20-1988)
      4.   Designate Crosswalks, Safety Zones And Traffic Lanes: The traffic engineer is hereby authorized:
         a.   To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such places as he may deem necessary;
         b.   To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians;
         c.   To mark lanes for traffic on street pavements at such places as he may deem necessary and advisable, consistent with the traffic ordinances of the city. (1989 Code § 7-1-6, 9-20-1988)
      5.   Timing Of Traffic Signals: The traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speed somewhat below the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof. (1989 Code § 7-1-7, 9-20-1988)
      6.   Markings At Intersections: The traffic engineer is authorized to place islands, markers or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course shall be traveled irrespective of any other provisions of this chapter. (1989 Code § 7-1-8, 9-20-1988)
      7.   Vehicles In Congested Places: The traffic engineer is hereby authorized to determine and designate by proper signs, places, not exceeding one hundred feet (100') in length, in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. (1989 Code § 7-1-9, 9-20-1988)
6-1-3: ON STREET PARKING REGULATIONS:
   A.   Restrictions: In addition to other parking regulations in this Code, it shall be unlawful:
      1.   To park any vehicle or unattached trailer, camper or boat in the same location on any street for a continuing period of time exceeding twenty four (24) hours.
      2.   To move a vehicle or unattached trailer, camper or boat in any manner or leave a parking space and then reenter it to avoid the intent of this section.
   B.   Prohibited Times: It is unlawful for any person to park any vehicle or unattached trailer, camper or boat on any public street in the City between November 15 and March 15 between the hours of twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M., or until the street has been plowed after a measurable snowfall.
   C.   Exception: Any resident of the City may request permission to park any vehicle or unattached trailer, camper or boat on the street in excess of twenty four (24) hours when the same is required by emergency or other unusual circumstances. The Police Department, for good cause shown, may grant such permission. The Police Department shall be the sole judge as to the necessity and requirements for the granting of such permission. (Ord. 2017-06, 10-3-2017)
6-1-4: OPERATION OF VEHICLES:
   A.   Careless Driving: It shall be unlawful for any person to drive a vehicle without the care and caution of a reasonable prudent person under the circumstances then and there existing, or in a manner so as to endanger or be likely to endanger any person or property. (1989 Code § 7-1-11, 9-20-1988)
   B.   Incapable Or Incompetent Driver: No person or owner in control of a vehicle shall knowingly permit said vehicle to be operated by any person who is physically or mentally disabled to such an extent that such person's judgment or driving ability is impaired.
      1.   No driver shall operate a vehicle while his ability or alertness is so impaired through fatigue, illness, or any other cause to make it unsafe for him to drive such vehicle. (1989 Code § 7-1-13, 9-20-1988)
      2.   No person physically or mentally disabled or incapacitated in any particular manner, temporarily or permanently, may drive a motor vehicle upon any street or alley, provided such disability or incapacity is such as to interfere with the reasonable and safe operation of such vehicle. (1989 Code § 7-1-13, 9-20-1988; amd. 1997 Code)
      3.   No person, whether a resident or nonresident of this State, under sixteen (16) years of age shall operate a motor vehicle upon any highway, street or public way in this City. (1989 Code § 7-1-13, 9-20-1988)
   C.   Failure To Keep Proper Lookout: No person shall drive a motor vehicle within the corporate limits of the City in such a manner as to endanger life or property by failing to keep a safe and proper lookout for other traffic, objects or persons. (1989 Code § 7-1-10, 9-20-1988)
   D.   Negligent Collision: It shall be unlawful to operate a vehicle with such lack of due care and in such a negligent manner as to cause the same to collide with any vehicle, person or object. (1989 Code § 7-1-12, 9-20-1988)
   E.   Exhibition Driving: It shall be unlawful for any person to engage in exhibition driving in any motor vehicle upon any public highway, street or alley within the corporate limits of the City. Exhibition driving shall consist of, but not be limited to, unnecessarily or unreasonably doing one or more of the following in the operation of a motor vehicle: squealing or spinning the tires through application of excessive power, or through excessive braking, throwing rocks, gravel, sand or dirt through excessive application of power or in sharp turns; fishtailing, rocking or weaving while applying excessive power; sliding, spinning or skidding a motor vehicle, alternating between extreme acceleration and extreme deceleration; or display of extreme acceleration. This offense may be committed by any person operating a motor vehicle singly or in concert with or in the company of another person operating a separate motor vehicle, and it shall not be necessary to show that any person intended to engage or was engaged in any contest or display with another to constitute a violation of this chapter. (1989 Code § 7-1-14, 9-20-1988)
6-1-5: INTOXICATION:
   A.   Intent To Drive Or Operate Unlawful: It shall be unlawful for any person under the influence of intoxicating liquor or narcotic drugs to be in or about any vehicle with the intention of driving or operating such vehicle. (1989 Code § 7-1-16, 9-20-1988)
   B.   Drinking In Vehicle: It shall be unlawful for any person to drink any intoxicating liquor while in a motor vehicle on the streets or alleys of the city. (1989 Code § 7-1-17, 9-20-1988)
6-1-6: RESTRICTED OR DANGEROUS VEHICLES:
   A.   Regulations: Vehicles with a gross weight of sixteen thousand (16,000) pounds or more, any semitractor or semitrailer or any vehicle carrying explosives, corrosives or flammable substances are hereby declared restricted vehicles. All restricted vehicles shall be driven only upon state highways, including the interstate system within the city limits, deviating therefrom only when necessary to traverse another street when necessary for loading, unloading or servicing, and then only departing from the said state highway route at the nearest reasonable and practicable point; however, no such vehicle shall be loaded, unloaded or serviced upon any street or part of street if there is usable off street loading, unloading or servicing space available. Subject to the exceptions in subsection B of this section, no restricted vehicle or vehicle which normally carries corrosive or flammable substances, even though they may be empty at the time, shall be parked for any period of time anywhere within the city limits.
   B.   Exceptions:
      1.   Construction vehicles when retained for work in said area;
      2.   School buses;
      3.   Recreational trailers or motor homes; and
      4.   Sunset City resident operated semitractor, without trailer, may park at the semitractor operator's place of residence only after obtaining the required permit from the business licensing department.
         a.   "Semitractor" is defined as any vehicle that has at least three (3) axles and is of the type commonly used for commercial transport purposes.
         b.   Semitractor's bed (if applicable) must be unloaded.
         c.   Only one semitractor allowed per property.
         d.   No on street parking.
         e.   No washing or maintenance of tractor on the premises or on the street.
         f.   Engine may only idle for five (5) minutes before leaving the premises.
         g.   Renters must provide city with letter of permission from property owner to park on the property.
         h.   Semitractor parking permit must be obtained annually and expires December 31 of each year.
         i.   Permit may be revoked for any violation of this chapter. (Ord. 2010-05, 5-4-2010)
6-1-6-1: LOW PROFILE MOTORIZED VEHICLES:
   A.   Definitions: For the purposes of this section:
   LOW PROFILE MOTORIZED VEHICLE: Any motorized vehicle that:
      1.   Is not regulated by the state or by any other city code provision;
      2.   Is not otherwise permitted upon the highways or sidewalks; and
      3.   Is less than thirty six inches (36") in height when in its normal operating position, notwithstanding any flag, antenna or other device attached, or modifications made thereto.
This definition includes, but is not limited to, "pocket bikes", or miniature motorcycles, and "go-carts".
   B.   Proscription: It is unlawful for any person to operate a low profile motorized vehicle upon any public property within the city. It is unlawful for an adult, parent or guardian to allow a minor to operate such a vehicle on public property within the city.
   C.   Penalty: A violation of this section is a class C misdemeanor and is punishable as such. (Ord. 2005-01, 1-4-2005)
6-1-7: VEHICLE REGULATIONS:
   A.   Inspection: No person shall drive, stop or park, nor shall any owner or person in possession cause or knowingly permit to be driven, stopped or parked on any street or alley within the city any vehicle which is required under the laws of the state to be inspected, unless such vehicle has been inspected and has attached thereto, in proper position, a valid and unexpired certificate of inspection as required by the laws of the state. (1989 Code § 7-1-19, 9-20-1988)
   B.   Registration; Certificate:
      1.   Every vehicle at all times while being driven, stopped or parked upon the streets or alleys of this city shall be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws to be registered in this state, and shall display in proper position valid and unexpired registration plates or indicia of registration, meeting the requirements of the laws of the state, clear and distinct and free from defacement, mutilation, grease and other obscuring matter, so as to be plainly visible and legible at all times; provided, however, if such vehicle is not required to be registered in this state, the indicia of registration issued by another state, territory, possession or district of the United States or a foreign country, substantially complying with the provisions hereof, shall be considered as compliance with this code. (1989 Code § 7-1-20, 9-20-1988)
      2.   The current, valid registration certificate of every motor vehicle shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving or in control of such vehicle who shall display the same upon demand of a police officer. (1989 Code § 7-1-21, 9-20-1988)
6-1-8: PENALTY:
Any person violating any of the provisions of this chapter shall be deemed guilty of a class B misdemeanor and shall be subject to penalty as provided in section 1-4-1 of this code. (1989 Code § 7-1-22, 9-20-1988; amd. 1997 Code)