(A) Authority of law enforcement and Volunteer Fire Department officials.
(1) It shall be the duty of the officers of the law enforcement office or Sheriff’s Department or such officers as are assigned by the Chief of Police to enforce all street traffic laws of the state and the City.
(2) Officers of the law enforcement office or Sheriff’s Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or signal, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the law enforcement office or Sheriff’s Department may direct traffic as conditions may require.
(3) Officers of the Volunteer Fire Department, when at the scene of a fire, may direct or assist the law enforcement officer in directing traffic on scene or in the immediate vicinity.
(B) Required in obedience to traffic regulations. It shall be unlawful for any person to do any act forbidden or fail to perform any act required herein.
(C) Obedience to law enforcement officer, Sheriff or Volunteer Fire Department officials. It shall be unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of a law enforcement officer, Sheriff’s deputy, or Volunteer Fire Department official.
(D) Persons propelling pushcarts or riding animals to obey traffic regulation. Every person propelling any pushcart or driving any animal-drawn vehicle, or riding an animal upon a roadway shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions which by their very nature can have no application.
(E) Use of coasters, roller skates and similar devices restricted. It shall be unlawful for any person upon roller skates, or riding any coaster, scooter, toy vehicle, or similar device to go upon any roadway except while crossing a street on a crosswalk, and when crossing such person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. This section shall not apply upon any street set aside as a play street.
(F) 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 such driver to violate any of the provisions of this chapter, except as otherwise permitted.
(G) Authorized emergency vehicles.
(1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual 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.
(2) The driver of an authorized emergency vehicle may:
(a) Park or stand irrespective of the provisions of this chapter;
(b) Proceed past a red or stop signal but only after slowing down as may be necessary for safe operation;
(c) Exceed the prima facie speed limits so long as the person or driver does not endanger life or property; and
(d) Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion is making use of an audible or visual signal, or both, meeting the requirements of M.C.A. § 61-9-402.
(4) 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 consequence of their reckless disregard for the safety of others.
(H) Operation of vehicles on approach of authorized emergency vehicles. Upon the immediate approach of an authorized emergency vehicle making use of audible and/or visual signals, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer or sheriff’s deputy.
(I) Operation of vehicles when approaching a stationary authorized emergency vehicle. Upon approaching an emergency vehicle or law enforcement vehicle displaying visible signals of flashing or rotating amber, blue, red or green lights, the operator of an approaching vehicle shall reduce the vehicle’s speed, proceed with caution, and, if possible considering safety and traffic conditions, move to a lane not adjacent to the lane in which the authorized emergency vehicle or law enforcement vehicle is located or move as far away as possible and, if changing lanes is not possible, reduce speed and proceed with caution, and maintain the reduced speed, appropriate to the conditions existing, through the area where the authorized emergency vehicle or law enforcement vehicle is stopped.
(1985 Code, § 10.02.020) (Ord. 373, passed 3-3-2020)