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(A) The provisions of this chapter applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles that are being operated on the streets and highways of the city.
(B) Unless specifically made applicable, the provisions of this title shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street or highway, but shall apply to such persons and vehicles when traveling to or from such work.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-4
(A) 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 this section, but subject to the conditions herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of the Traffic Code;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the speed limits so long as he or she does not endanger life or property; and
(4) Disregard regulations governing direction of movement or turning in specified directions.
(C) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted flashing lamp as authorized by § 71.097 which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a warning light visible from in front of the vehicle.
(D) The foregoing provisions 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 such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-5
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions of this title which by their very nature can have no application.
(Ord. passed 5-11-2021)
Statutory reference:
Related provisions, see W. Va. Code 17C-2-6
It shall be unlawful and, unless otherwise declared in this subchapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
All courts costs shall be paid by any driver convicted of a penalty under this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
(A) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of the Traffic Code, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(B) (1) No provision of this title for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(2) Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(Ord. passed 5-11-2021) Penalty, see § 70.999
The driver of any vehicle shall obey the traffic control instructions of any law enforcement officer or persons authorized by the Commissioner of Highways or by proper local authorities to operate traffic control devices, act as flagpersons, or operate authorized vehicles engaged in work at or near the site of street or highway construction maintenance work for the purpose of regulating, warning, or guiding traffic, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Whenever traffic is controlled by traffic control signals exhibiting the words “go”, “caution”, or “stop”, or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
(A) Green alone or “go”:
(1) Vehicular traffic facing the signal, except when prohibited under § 72.02, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; and
(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(B) Yellow alone or “caution” when showing following the green or “go”:
(1) Vehicular traffic facing the signal is thereby warned that the red or “stop” signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or “stop” signal is exhibited; and
(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.
(C) Red alone or “stop”:
(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or “go” is shown alone, except as provided in divisions (C)(2) and (C)(3) below;
(2) A vehicle which is stopped in obedience to a red or “stop” signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection, may cautiously make a right turn, but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that the City Council may, by ordinance, prohibit any such right turn against a red or “stop” signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof;
(3) A vehicle which is stopped in obedience to a red or “stop” signal as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection on a one-way street which intersects another one-way street on which traffic moves to the left, may cautiously make a left turn into the one-way street but such vehicle shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other vehicular traffic proceeding as directed by the signal at such intersection, except that City Council may, by ordinance, prohibit any such left turn against a red or “stop” signal at any intersection, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof; and
(4) No pedestrian facing such signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic.
(D) Red with green arrow:
(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and
(2) No pedestrian facing such signal shall enter the roadway unless he or she an do so safely and without interfering with any vehicular traffic.
(E) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable, except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop, shall be made at the signal.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-5
Whenever special pedestrian control signals exhibiting the words “walk” or “wait” or other similar language, signals, or sounds are in place, such signals shall indicate as follows.
(A) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(B) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-6
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows.
(A) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(B) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(Ord. passed 5-11-2021) Penalty, see § 70.999
Statutory reference:
Related provisions, see W. Va. Code 17C-3-7
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