HomeMy WebLinkAboutOrdinance 1447 aptOW \
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ORDINANCE NO, 1447
AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY
OF FAYETTEVILLE , ARKANSAS; PROVIDING PENALTIES FOR VIOLATIONS; AND � S
FOR OTHER PURPOSES
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BE IT ORDAINED BY THE CITY COUNCIL: OF THE CITY OF FAYETTEVILLE , j
ARKANSAS, TO- WIT :
ARTICLE I. WORDS AND PHRASES DEFINED
SECTION I. Definitions . For the purposes of this chapter , the following words
and phrases shall have the meanings ascribed to them in this section unless clearly
indicated to the contrary :
1 . Authorized emergency vehicle . Vehicles of the fire department , police
department and such ambulances and emergency vehicles of municipal departments or
public service corporations as are designated or authorized by the police or the state
commissioner of motor vehicles .
2 . Business District . The territory contiguous to and including a street or highway
when 50 per cent or more of the frontage thereon for a distance of 300 feet or more is
occupied by buildings in use for business .
3 . Bicycle . Every device propelled by human power upon which any person may
ride , having two tandem wheels either of which is 12 inches or more in diameter .
4. Crosswalk, That portion of a roadway ordinarily included within the prolongation
or connection of the lateral lines of sidewalks at intersections and any portion of a road -
way distinctly indicated for pedestrian crossing by lines or other markings on the surface .
5 . Driver . Every person who drives or is in actual physical control of a vehicle .
6 . Intersection . The area embraced within the prolongation or connection of the
lateral curb lines or , if none , then the lateral boundary lines of the roadways of two ( 2 )
streets or highways which join one another at , or approximately at , right angles or the
area within which vehicles traveling upon different streets or highways joining at any
other angle may come in conflict .
7 . Laned Roadway . A roadway which is divided into two ( 2 ) or more clearly
marked lanes for vehicular traffic .
8 . Motorcycle . Every motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three ( 3) wheels in contact with the ground , but
excluding a tractor .
9 . Motor Vehicle . Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires , but not operated
upon rails .
MICROFILMED
DATE_OCT 1 0 1978
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REEL 1 1 3� —
Traffic Ordinance $ _
10 . Official traffic control devices , All signs , signals , markings and devices not
inconsistent with this chapter placed or erected by authority of a public body or official
having jurisdiction, for the purpose of regulating , warning or guiding traffic ,
11 . Official traffic control signal , Any device , whether manually , electrically
or mechanically operated, by which traffic is alternately directed to stop and to proceed .
12 , Owner , A person who holds the legal title of a vehicle or in the event the vehicle
is the subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee or lessee , or in the event a mortgagor
of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owner for the purpose of this chapter .
13 . Pedestrian, Any person afoot .
14 . Police officer , Every officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations ,
15 . Private road or driveway, Every way or place in private ownership and used
for vehicular traffic by the owner and those having express or implied permission from
the owner but not by other persons ,
16 . Railroad, A carrier of persons or property upon cars , other than streetcars ,
operated upon stationary rails .
17 . _Railroad sign or signal , Any sign , signal or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of ..
railroad tracks or the approach of a railroad train .
18 . Railroad Train , A steam engine , electric or other motor , with or without cars
coupled thereto, operated upon rails , except streetcars .
19 . Residence District , The territory contiguous to and including a street or high-
way not comprising a business district when the property thereon for a distance of 300 feet
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or more is in the main improved with residences or residences and buildings in use for
business .
20 . Right of way defined, The privilege of the immediate use of the street or
highway .
21 . Roadway , : That portion of a street or highway improved, designed or
ordinarily used for vehicular travel .
Traffic Ordinance - 3 -
22 . Safety zone , The area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a safety zone .
23 . School Bus , Every motor vehicle owned by a public or governmental agency
and operated fa• the transportation of children to or from school or privately owned
and operated for compensation for the transportation of children to and from school .
24 . Sidewalk, That portion of a street between the curb lines , or the lateral lines
of a roadway, and the adjacent property lines intended for the use of pedestrians .
25 . Street or Highway , The entire width between property lines of every way or
place of whatever nature when any part thereof is open to the use of the public , as a matter
of right , for purposes of vehicular traffic .
26 . Through Street or Highway , Every street or highway or portion thereof at the
entrances to which vehicular traffic from intersecting streets or highways is required by
law to stop before entering or crossing the same and when stop signs are erected as pro-
vided in this chapter .
27 . Traffic , Pedestrians , ridden or herded animals , vehicles and other conveyances ,
either single or together , while using any street or highway for purposes of travel .
28 . Vehicle , Every device in, upon, or by which any person or property is or may
be transported or drawn upon a street or highway , except devices moved by human power
or used exclusively upon stationary rails or tracks .
Traffic Ordinance
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
SECTION 1 . Police Administration . The Police Department shall enforce the
traffic regulations of this City and all of the State regulations applicable to street traffic
in this City , to make arrests for traffic violations, to investigate accidents and to cooperate
with the Traffic Engineer and other officers of the City in the administration of the traffic
regulations and in developing ways and means to improve traffic conditions .
SECTION II . Traffic Engineer . The Traffic Engineer shall be a qualified engineer
and shall be appointed by the Mayor , and approved by the City Council . It shall be his duty
to determine the installation and proper timing and maintenance of traffic control devices ,
to conduct engineering analysis of traffic accidents and to devise remedial measures , to
conduct engineering investigation of traffic on the streets and highways of this City , to
determine and designate streets , parts of streets or specific lanes as truck routes ; to
determine and designate parking restrictions , such as the prohibition of parking on certain
streets ; to determine one -way streets ; to cooperate with other officials in the development
of ways and means to improve traffic conditions , and to carry out such additional powers
and duties as may be imposed by ordinance .
SECTION III . Records of Traffic Violations , The Police Department shall keep a
record of all violations of the traffic ordinances of this City or of the state vehicle laws of
which any person has been charged , together with a record of the final disposition of all
such alleged offenses . Such record shall be maintained as to show types of violations and
the total of all such alleged offenses . Such records shall be maintained as to show all
types of violations and the total of each . All such records shall be kept for a period of at
least five years . All forms of records of violations and notices of violations shall be
serially numbered. For each month and year a written record shall be kept available to
the public showing the disposal of all such forms . All such records and reports shall be
public records .
SECTION IV . Traffic Accident Studies . Whenever the accidents at any particular
location become numerous , the Police Department shall cooperate with the Traffic Engineer
in conducting studies of such accidents and determining remedial measures .
SECTION V . Traffic Accident Reports , The Police Department shall maintain a
suitable system of filing accident reports . Accident reports or cards referring to them
shall be filed alphabetically by location . Such reports shall be available for the use and
information of the Traffic Engineer .
SECTION VI. Drivers Files to be Maintained. The Police Department shall maintain
a suitable record of all traffic accidents , warnings , arrests , convictions , and complaints
reported for each driver , which shall be filed alphabetically under the name of the driver
concerned. Said department shall study the cases of all the drivers charged with frequent
or serious violations of the traffic laws or involved in frequent traffic accidents or any
serious accident , and shall attempt to discover the reasons therefor , and shall take what-
ever steps are lawful and reasonable to prevent the same or to have the licenses of such
persons suspended or revoked. Such records shall be kept for a period of five years .
Traffic Ordinance
SECTION VII. Traffic Division to Submit Annual Traffic Safety Report .
The Police Department shall annually prepare a traffic report which shall be filed with
the Mayor . Such report shall contain information on traffic matters , including the following :
(a) The number of traffic accidents , the number of persons killed, number of persons
injured, and other pertinent traffic data .
( b) The number of traffic accidents investigated and other pertinent data on the
safety activities of the police .
( c ) The plans and recommendations of the division •for. . future traffic safety activities .
SECTION VIII . Emergency and Experimental Regulations . The Traffic Engineer is
hereby empowered to make regulations necessary to make effective the provisions of the
traffic ordinances of this City and to make and enforce temporary or experimental regulation
to cover emergencies _ or special conditions . The Traffic Engineer may test traffic control
devices that are under actual conditions of traffic .
SECTION IX . Authority of Police and Fire Department Officials . It shall be the
duty of the officers of the Police Department or such offices as are assigned by the Chief
of Police to enforce all street traffic laws of this City and all of the state vehicle laws
applicable to street traffic in this City . Officers of the Police Department or such officers
as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice ,
hand, or signal in conformance with the traffic laws . Provided, however , that in the event
of a fire or other emergency or to expedite traffic or to safe- guard pedestrians , officers
of the Police Department may direct traffic as conditions may require , notwithstanding the
provisions of the traffic regulations . Officers of the Fire Department , when at the scene
of a fire , may direct or assist the Police in directing traffic thereat , or in the immediate
vicinity.
SECTION X . Obedience to Police and Fire Department Officials . No person shall
willfully fail or refuse to comply with any lawful order or direction of a police officer or
Fire Department official .
SECTION XI . Pe. rsons Propelling Pushcarts or Riding Animals to Obey Traffic
Regulations . Every person propelling any pushcart or riding an animal upon a roadway
and every person driving any animal- drawn vehicle , shall be subject to the provisions of
the Ordinance insofar as applicable .
SECTION XII. Use of Coasters , Roller Skates and Similar Devices Restricted .
No person upon roller skates or riding in or by means of any coaster , toy vehicle , or
similar device , shall go upon any roadway except while crossing a street on a crosswalk
and when so crossing , such person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians . This section shall not apply upon any street
while set aside as a play street .
Traffic Ordinance 16
SECTION XIII. Public Employees to Obey Traffic Regulations . The provisions of
this ordinance 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
said driver to violate any of the provisions of this ordinance .
SECTION XIV. . Exemptions to Authorized Emergency Vehicles . The driver of an
authorized emergency vehicle , when responding to an emergency call or when in pursuit
of an actual or suspected violator of the law or when responding to , but not returning from,
a fire alarm , may exercise the following privileges , but subject to the conditions herein
state d,
(a) Park or stand, irrespective of the provisions of this Ordinance .
(b) Proceed past a red or stop signal or stop sign, but only after slowing down
as may be necessary for safe operation,
(c ) Exceed the speed limits so long as he does not endanger life or property .
(d) Disregard regulations governing direction of movement of turning in specified
direction .
SECTION XV. Limitation on Authorized Emergency Vehicles . The exemptions
hereby granted to an authorized emergency vehicle shall apply only when the driver of any
said vehicle while in motion, sounds may be reasonable or necessary , and when the vehicle
is equipped with at least one lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of five hundred feet to the front of such vehicle .
Provided , however , that an authorized emergency vehicle operated as a police vehicle need
not be equipped with or display a red light visible from in front of the vehicle . The fore -
going 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 provision protect
the driver from the consequences of any reckless disregard on his part for the safety
of others .
SECTION XVI . , Operation of Vehicles on Approach of Authorized Emergency Vehicles .
Upon the immediate approach of an emergency vehicle equipped with at least one lighted
lamp exhibiting red light visible under normal atmospheric conditions from a distance of
five hundred feet to the front of such vehicle other than a police vehicle when operated as
an emergency vehicle , and when the driver is giving audible signal by siren, exhaust
whistle , or bell, 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 emergency vehicle has passed. This section shall not operate to relieve
the driver of an emergency vehicle from the duty to drive with due regard for the safety
of all persons using the highway ,
Traffic Ordinance 7 4 June 7 , 1965
SECTION XVII. Immediate Notice of Accident . The driver of a vehicle involved
in an accident resulting in injury to or death of any person or property damage to an
apparent extent of fifty dollars ($ 50 . 00 ) or more , shall immediately , by the quickest
means of communication, give notice of such accident to the Police Department .
SECTION XVIII . Written Notice of Accidents . The driver of a vehicle which is in
any manner involved in an accident resulting in bodily injury to or death of any person or
total property damage to an apparent extent of fifty dollars ( $50 . 00 ) or more , shall , within
five ( 5 ) days after such accident , forward a written report of such accident to the Police
Department , or a copy of any report he is required to forward to the State , The pro-
visions of this section shall not be applicable when the accident has been investigated at
the scene by a Police Officer while such driver was present thereat .
SECTION XIX . When Driver Unable to Report . Whenever the driver of a vehicle
is physically incapable of giving immediate notice of an accident as required herein and ther
is another occupant in the vehicle at the time of the accident capable of doing so, such
occupant shall give , or cause to be given , the notice herein required . Whenever the
driver is physically incapable of making a written report of an accident as is herein
required and such driver is not the owner of the vehicle , then the owner of the vehicle
involved in such accident shall , within five ( 5 ) days after learning of the accident , make
such report not made by the driver .
SECTION XX . Leaving the Scene of an Accident . No person driving a vehicle ,
knowing that an injury has been caused to a person or darnage has been caused to a person
or damage has been caused to property , arising out of the operation of said vehicle , shall
leave the place of said injury , damage or accident without stopping and giving his name ,
residence , including city and street number , motor vehicle number and chauffeur ' s or
registered operator ' s number , if any , to the injured party or to the police officer , or if
no police officer is in the vicinity , then to the nearest police officer or judicial officer .
SECTION XXI . Closing Streets for Repair or Improvement .
( a) The Traffic Engineer is authorized to close any street in the City to traffic , when
such street is being improved , repaired to otherwise worked upon . When any street is so
closed to traffic , such fact shall be indicated by appropriate signs , barricades or markings ,
and the Fire Chief and Police Chief shall be promptly notified of the streets involved .
(b) No person other than the Traffic Engineer , or his duly authorized representative ,
shall erect any sign, barricade or marking indicating that a street is closed to traffic ,
without the prior written consent of the Traffic Engineer .
( c ) When any street has been lawfully closed to traffic , and when such fact is
indicated a6 provided in subsection ( a) , it shall be unlawful for any person to drive or
operate a vehicle upon such street .
(d) It shall be unlawful for any unauthorized person to remove any barriers , signs
or markings erected on any of the streets of the City under the provisions of this section.
Ordinance No . 1447 6 s June 7 , 1965
ARTICLE III . 'TRAFFIC CONTROL DEVICES
SECTION I . Installation and Maintenance Generally ; Conformity with State Manuals
and Specifications . The Traffic Engineer shall cause such traffic control devices to be
placed and maintained upon streets in the City as may be necessary to indicate and to carry
out the provisions of this chapter or to regulate , warn , or guide traffic . All such traffic
control devices shall conform to the state manual and specifications . All traffic control
signals on streets designated State or Federal highways shall have all details approved by
the Arkansas Highway Department ,
SECTION I1. Obedience to Devices . No driver of a vehicle shall disobey the
instructions of any official traffic control device placed in accordance with the provisions
of this chapter , unless at the time otherwise directed by a police officer .
SECTION III . Installation and Maintenance of Signals . The Traffic Engineer shall
cause electric traffic control signals to be installed and maintained at intersections and
other places as he may deem necessary . All such signals shall conform to the provisions
of sections 75 - 509 through 75 - 512 of the Arkansas Statutes , as amended .
SECTION IV . General Traffic Control Signal Legend . 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
shall be used and such terms and lights shall indicate and apply to drivers of vehicles
and pedestrians as follows :
1 . Green alone or "Go: "
( a) Vehicular traffic facing the signal , may proceed straight through or turn
right or light , 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 .
( b) Pedestrians facing the signal may proceed across the roadway within any
marked or unmarked crosswalk.
2 . Steady yellow alone :
( a) 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 .
( b) 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 .
Ordinance No , 1447 - 19 June 7 , 1965
3 . Steady red alone , or "Stop : "
(a) 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 that vehicular traffic
facing such signal may , after coming to a complete stop , cautiously enter the intersection
for the purpose of making a right turn only , provided that such turn on red or "Stop " shall
be made only if a sign on the signal states that a right turn on red is permitted .
( b) No pedestrian facing such signal shall enter the roadway unless he can do
so safely and without interfering with any vehicular traffic .
4 . Steady red with green arrow:
( a) 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 .
( b ) No pedestrian facing such signal shall enter the roadway unless he can do
so safely, and without interfering with any vehicular traffic .
5 . 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 .
SECTION V . Pedestrian Walk and Wait Signals . Whenever the pedestrian control
signals exhibiting the words " Walk" "Wait , " or "Don ' t Walk; " are in place such signals
shall indicate as follows :
1 . 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 .
2 . . Wait or Don4 Walk . No pedestrian shall start to cross the roadway in the
direction of such signal , but any pedestrian who has partially completed his crossing on
the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing .
SECTION VI . Flashing Signals . Whenever flashing red or yellow signals are used ,
they shall require obedience by vehicular traffic as follows :
1 . Flashing red ( Stop signal ) . When a red lens is illuminated by rapid intermittent
flashes , drivers of vehicles shall stop before entering the nearest crosswalk at an inter -
section or at a limit line when marked and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign . .
2 . 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 .
Traffic Ordinance 10
SECTION VII. Unauthorized Signs , Signals , or Devices . No person shall place,
maintain or display upon or in view of any street or highway any unauthorized sign, signal ,
marking or device which purports to be or is an imitation of or resembles an official
traffic control device or railroad sign or signal , or which attempts to direct the movement
of traffic , or which hides from view or interferes with the effectiveness of any official
traffic control device , or any railroad sign or signal and no person shall place or maintain
nor shall any city officer permit upon any street or highway any traffic sign or signal bear -
ing thereon any commercial advertising . This shall not be deemed to prohibit the erection
upon private property adjacent to streets or highways of signs giving useful directional
information and/ or of a type that cannot be mistaken for official signs .
1 . Every sign, signal or marking prohibited by this section is hereby declared to
be a public nuisance , and the Chief of Police is hereby empowered to remove the same or
cause it to be removed without notice .
2 . No person shall , without lawful authority , attempt to or in fact alter , deface ,
mutilate , injure , knock down , destroy or remove any official traffic control device , road
marker , lighting equipment or any railroad crossing sign or signal , or any inscription,
shield, or transcription thereon or any part thereof.
ARTICLE IV . Operation of Vehicles Generally .
SECTION I. No person shall drive a vehicle when it is so loaded , or when there are
in the front seat such number of persons , exceeding three ( 3) , as to obstruct the view of
the driver to the front or sides of the vehicle or so as to interfere with the driver ' s control
over the driving mechanism of the vehicle .
SECTION II. No passenger in a vehicle shall ride in such position as to interfere
with the driver ' s view ahead or to the sides , or to interfere with his control over the
driving mechanism of the vehicle .
SECTION III . ,Duty to Drive on Right Half of Roadway . Upon all roadways of
sufficient width , a vehicle shall be driven upon the right half of the roadway , except as
follows ;
1 . When overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;
2 . When the right half of a roadway is closed to traffic while under construction
or repair ;_
3 . Upon a roadway divided into three ( 3 ) marked lanes for traffic under the rules
applicable thereon; or
4 . Upon a roadway designated and sign posted for one ( 1 - 1 ) way traffic .
Traffic Ordinance = 11
SECTION IV , Passing Vehicle Proceeding in Opposite Direction ,
A . Drivers of vehicles proceeding in opposite directions shall pass each other to the
right and, upon roadways having width for not more than one ( 1 ) line of traffic in each
direction , each driver shall give to the other at least one - half ( 1 / 2) of the main traveled
portion of the roadway as nearly as possible .
B . Except as otherwise provided in this article , the driver of a vehicle overtaking
another vehicle proceeding in the same direction shall pass to the left thereof at a safe
distance and shall not again drive to the right side of the roadway until safely clear of
the overtaken vehicle . No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same direction unless
such left side is clearly visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite direction or any
vehicle overtaken. In every event , the overtaking vehicle must return to the right - hand
side of the roadway before coming within 100 feet of any vehicle approaching from the
opposite direction .
C . No vehicle shall , in overtaking and passing another vehicle or at any other time ,
be driven to the left side of the roadway under the following conditions :
1 . When approaching the crest of a grade or upon a curve in the highway where
the driver ' s view along the highway is obstructed;
2 . When approaching within 100 feet of any bridge , viaduct , or tunnel , or when
approaching within 100 feet of or traversing any intersection or railroad grade crossing ;
3 . Where official signs are in place directing that traffic keep to the right , or
a distinctive center line is marked, which distinctive line also directs traffic as declared
in the sign manual adopted by the State Highway Commission.
D . Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible
signal and shall not increase the speed of his vehicle until completely passed by the over-
taking vehicle .
E . The driver of a vehicle may overtake and pass upon the right of another vehicle
only under the following conditions :
i
1 . When the vehicle overtaken is making or about to make a left turn.
2 . Upon a street or highway with unobstructed pavement not occupied by parked
vehicles of sufficient width for two ( 2) or more lines of moving vehicles .
Traffic Ordinance - 12 -
3 . Upon a one -way street, or upon any roadway on which traffic is restricted
to one direction of movement , where the roadway is free from obstructions and of
sufficient width for two ( 2 ) or more lines of moving vehicles .
F . The driver of a vehicle may overtake and pass another vehicle upon the right on
under conditions permitting such movement in safety . In no event shall such movement
be made by driving off the pavement or main- traveled portion of the roadway .
SECTION V . Speed Restrictions .
No person shall drive a vehicle on any street or highway in the City at a speed greater
than is reasonable and prudent under the conditions then existing .
A . Where no special hazard exists , the following speeds shall be lawful , but any
speed in excess of such limits shall be prima facie evidence that the speed is not reason-
able or prudent and that it is unlawful:
1 . Twenty ( 20) miles per hour in any business district .
2 . Twenty - five ( 25 ) miles per hour in any residential district .
B . The fact that the speed of the vehicle is lower than the foregoing prima facie limits
shall not relieve the driver from the duty to decrease speed when approaching and crossing
an intersection, when traveling upon any narrow or winding roadway , or when a special
hazard exists with respect to pedestrians or other traffic or by reason of weather or street
conditions , and speed shall be decreased as may be necessary to avoid colliding with any
person , vehicle or other conveyance on or entering the street in compliance with legal
requirements and the duty of all persons to show due care .
SECTION VI . Racing Prohibited. It shall be unlawful for any person to drive any
motor vehicle or motor bicycle in a race upon any street or highway in the City. Any person
convicted of violating this section shall be fined in any sum not exceed two hundred
dollars ($200 . 00 ) .
SECTION VII. Minimum Speed Regulation. No person shall drive a motor vehicle at
such a slow speed as to impede or block the normal and reasonable movement of traffic ,
except when reduced speed is necessary for safe operation or in compliance with the law.
Police officers are hereby authorized to enforce this section by directions to drivers , and
in the event of apparent willful disobedience to this section and refusal to comply with
direction of an officer in accordance herewith, the continued slow operation by a driver
shall be a misdemeanor .
SECTION VIII. Passing Rotary Traffic Island. A vehicle passing around a rotary .
traffic island shall be driven only to the right of such island .
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Traffic Ordinance - 13 -
SECTION IX. Driving on Roadways Lan ed for Traffic. Whenever any roadway has
been divided into two (2) or more clearly marked lanes for traffic, the following rules,
in addition to all others consistent herewith, shall apply:
A. A vehicle shall be driven as nearly as practical entirely within a single lane and
shall not be moved from such lane until the driver has first ascertained that such movement
can be made with safety.
B. Official signs may be erected directing slowmoving traffic to use a.designated lane
or allocating specified lanes to traffic moving in the same direction and drivers of vehicles
shall obey the direction of every such sign.
SECTION X. One-way Streets, Designation; Signs.
A. Streets or alleys on which vehicular traffic is permitted in one direction only shall
be designated by the City Council. The Traffic Engineer shall cause appropriate signs to be
placed and maintained on all streets and alleys so designated, which signs shall indicate the
direction of lawful traffic movement. Such signs shall be placed at every intersection where
movement of traffic in the opposite direction is prohibited.
B. When signs are in place as required by Section VII, it shall be unlawful for any
person to operate a vehicle except in the direction indicated for lawful traffic movement.
SECTION XI. Right of Way at Intersection.
A. The driver of a vehicle approaching an intersection shall yield the right of way to
a vehicle which has entered the intersection from a different street or highway.
1. When two (2) vehicles enter an intersection from different streets or highways
at the same time, the driver of the vehicle on the left shall yield the right of way to the
vehicle on the right, if traffic at such intersection is not controlled by an official traffic
control device.
2. The driver of a vehicle within an intersection intending to turn to the left
shall yield the right of way to any vehicle approaching from the opposite direction which
is within the intersection or so close thereto as to constitute an immediate hazard, but
such driver, having so yielded and having given a signal when and as required by this
section, may make such left turn and the drivers of all other vehicles approaching the
intersection from the opposite direction shall yield the right of way to the vehicle making
the left turn.
SECTION XII. Turning Movements Generally. No person shall turn a vehicle from
a direct course upon a street or highway and until such movement can be made with
reasonable safety and then only after giving a clearly audible signal by sounding the horn
if any pedestrian may be affected by such movement.
Traffic Ordinance - 14 -
SECTION XIII. Method of Turning At Intersections;
A. The driver of a vehicle intending
1. Both the approach for a right i
practical to the right-hand curb or edge of
turn at an intersection shall do so as follows:
and a right turn shall be made as close as
roadway.
2. The approach for a left turn shall be made in that portion of the right half of
the roadway nearest the center line thereof! and, after entering the intersection, the left
turn shall be made so as to leave the intersection to the right of the center line of the
roadway being entered.
3. The approach for a left turn from a two-way street into a one-way street shall
be made in that portion of the right half of the roadway nearest the center line thereof and
by passing to the right of such center line where it enters the intersection. A left turn
from a one-way street into a two-way street shall be made by passing to the right of the
center line of the street being entered upon, leaving the intersection.
SECTION XIV. "U" Turns.
It
shall be unlawful for the driver
of any vehicle to turn
such vehicle so as to proceed in
the
opposite direction on any streets,
except at an
intersection, and such turn shall be
made then, only if traffic is not
controlled at such
intersection by a traffic control
signal.
SECTION XV. Turning and
Stopping
Signals --Generally.
A. No person shall turn a vehicle from a direct course upon a
street or highway with-
out giving an appropriate signal,
in
the eve't any other vehicle may
be affected by such
movement.
1. A signal of intention to turn right or left shall be given continuously during
not less than the last 100 feet traveled by the vehicle before turning.
2. No person shall stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal to the driver of any vehicle immediately to the rear, when there
is opportunity to give such signal.
3. Any stop or turn signal, when required, shall be given either by means of the
hand and arm or by signal lamps:provided that, any motor vehicle in use on a street or
highway shall be equipped with, and the required signal shall be given by, signal lamps,
when the distance from the center of the top of the steering post to the left outside limit
of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance
from the center of the top of the steering post to the rear limit of the body or load thereof
exceeds 14 feet. The latter measurement shall apply to any single vehicle and to any
combination of vehicles.
Traffic Ordinance - 15 -
4. All signals required by Section XII given by hand and arm shall be given from
the left side of the vehicle in the following manner and such signals shall indicate
as follows:
(a) Left turn, Hand and arm extended horizontally.
(b) Right turn, Hand and arm extended upward.
(c) Stop or decrease of speed, Hand and arm extended downward.
SECTION XVI. Upon the immediate approach of an authorized emergency vehicle,
when the driver is giving audible signal by siren, exhaust whistle, or bell, 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 street or highway,
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 police officer.
SECTION XVII. This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety of all persons
using the street or highway.
SECTION XVIII. Driving Through Safety Zone Prohibited. No vehicle shall at any
time be driven through or within a safety zone.
SECTION XVIV. Driving on Sidewalk Area. It shall be unlawful for any person to drive
or operate any motor vehicle, coasting wagon, or other vehicle within any sidewalk area,
in the City, except at a driveway.
SECTION XX. Coasting Prohibited.
A. The driver of any motor vehicle, when traveling upon a down grade, shall not
coast with the gears of such vehicle in neutral.
B.
The driver
of a
commercial motor vehicle,
when traveling
upon a down grade,
shall not
coast with
the
clutch disengaged.
SECTION
XXI. Following Too Closely.
The driver of a motor vehicle shall not
follow another
vehicle more closely than is reasonable
and prudent,
having due regard
for the speed of such vehicles and the traffic
upon and the condition
of the street.
SECTION XXII. Following Fire Apparatus or Driving Near Scene of Fire. The driver
of any vehicle, other than one on official business, shall not follow any fire apparatus
traveling in response to a fire alarm closer than 500 feet or drive into the block where
fire apparatus has stopped in answer to a fire alarm.
SECTION XXIII. Driving Over Fire Hose. No vehicle shall be driven over any unpro-
tected hose of the fire department when laid down on any street or private driveway to be
used at any fire or alarm of fire, without the consent of the fire department official in
command.
Traffic Ordinance - - 16 -
SECTION XIV. Reckless Driving.
A. Any person who drives any vehicle in such a manner as to indicate a wanton dis-
regard for the safety of persons or property shall be guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished, upon a first con-
viction, by imprisonment for a period of not less than five (5) days, nor more than ninety
(90) days, or by a fine of not less than $25.00 nor more than $500. 00, or by both such
fine and imprisonment, :and on a second or subsequent conviction shall be punished by
imprisonment for not less than ten (10) days nor more than six (6) months, or by a fine
of not less than $50.00 nor more than $1, 000.00, or by both such fine and imprisonment.
SECTION XXV. Driving by Habitual Users of Drugs or Persons Under the Influence
of Drugs.
A. It shall be unlawful for
any person who is an habitual user
of or who is under the
influence of any narcotic drug,
or who
is under the influence of any
other drug to a degree
which renders him incapable of
safely
driving a vehicle, to drive a
vehicle within the City.
The fact that any person charged
with
a violation of this Section is,
or has been entitled,
to use such drug under the laws
of the
state shall not constitute a defense against any
charge of violating this section.
B. Every person who is convicted of a violation of this section shall be punished by
imprisonment for not less than twenty-four (24) hours nor more than 30 days, and by a fine
of not less than fifty ($50. 00) dollars nor more than five hundred dollars, and his privilege
to operate a motor vehicle may be suspended for a period of not more than one (1) year.
On a second or subsequent conviction for an offense committed within one (1) year of the
first offense of a violation of this section, he shall be punished by imprisonment for not
less than ten (10) days nor more than one (1) year, and a fine of not less than two hundred
fifty dollars ($250.00) nor more than one thousand dollars ($1, 000.00), and his privilege
to operate a motor vehicle shall be revoked for one (1) year. Imprisonment, as provided
for in this section, shall not be deemed to have begun until after conviction and sentencing
of the defendant.
SECTION XXVI. Driving Under the Influence of Intoxicating Liquor.
A.
It shall
be unlawful for any person who is under the influence
of intoxicating
liquor
to drive or be in actual control of any vehicle within the City.
B. Every person who is convicted of a violation of this section shall be punished by
imprisonment for not less than 24 hours nor more than 30 days, and by a fine of not less
than fifty dollars ($50. 00) nor more than five hundred dollars ($500. 00), and his privilege
to operate a motor vehicle may be suspended for a period of not more than one (1) year.
On a second or subsequent conviction for an offense committed within one (1) year of the
first offense of a violation of this section, he shall be punished by imprisonment for not
less than ten (10) days nor more than one (1) year, and a fine of not less than two hundred
fifty dollars ($250. 00) nor more than one thousand dollars ($1, 000.00), and his privilege
to operate a motor vehicle may be revoked for one (1) year. Imprisonment, as provided for
in this section, shall not be deemed to have begun until after conviction and sentencing
of the defendant.
Traffic Ordinance
SECTION XXVII. Regulations for Heavy Equipment Crossing Railroads.
A. No person shall operate or move any caterpillar tractor, steam shovel, derrick,
roller, or any equipment or structure having a normal operating speed of six or less miles
per hour, or a vehicle body or load clearance of less than nine inches above the level sur-
face of a roadway, upon or across any tracks at a railroad crossing, without first com-
plying with this section.
B. Notice of any such intended crossing shall be given to a superintendent of such
railroad and a reasonable time shall be given to such railroad to provide proper pro-
tection at such crossing.
C. Before making any such crossing, the person operating or moving any such
vehicle or equipment shall first stop the same not less than twenty (20) feet nor more than
fifty (50) feet from the nearest rail of such railway and, while so stopped, shall listen and
look in both directions along such track for any approaching train and for signals indicating
the approach of a train and shall not proceed until the crossing can be safely made.
D. No such crossing shall be made when warning is given by automatic signal,
crossing gates, a flagman or otherwise of the immediate approach of a railroad train
or car..
E. Any person who violates any of the provisions
of this section shall be deemed
guilty of a misdemeanor and, upon
conviction thereof,
shall be punished
by a fine of not
less than fifty dollars ($50. 00) nor
more than two hundred dollars ($200.
00).
ARTICLE V. STOPPING, STANDING AND PARKING GENERALLY
SECTION I. Unattended Vehicles.
A. No person shall stop, stand, or park a vehicle, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or traffic
control device, in any of the following places:
1. On a sidewalk
2. In front of a public or private driveway.
3. Within an intersection.
4. On a crosswalk.
5. Within 15 feet of a fire hydrant.
6. Within 20 feet of a crosswalk at an intersection
7. Within 30 feet upon the approach to any flashing beacon, stop sign,
or traffic control signals located at the side of a roadway.
8. Between a safety zone and the adjacent curb or within 30 feet of points on
the curb immediately opposite the ends of -a safety zone, unless a different length is
indicated by signs of markings.
Traffic Ordinance . ,18
9. Within 50 feet of the nearest rail of a railroad crossing.
10. Within 20 feet of the driveway entrance to any fire station and, on the
side of the street opposite the entrance to any fire station, within 75 feet of said
entrance, when properly sign posted. .
11. Alongside or opposite any street excavation or obstruction when such
stopping, standing or parking would obstruct traffic.
12. On a roadway side of any vehicle stopped or parked at the edge of a
curb or street.
13. Upon any biidlge or other elevated structure upon a highway or within a
highway tunnel.
14. At any place where official signs prohibit stopping.
SECTION II. Opening Vehicle Door on Traffic Side. No person shall open the door
of a motor vehicle on the side available to moving traffic, unless and until it is reasonable
and safe to do so, nor shall any person leave a door open on the side of a vehicle available
to moving traffic for a period of time longer than necessary to load or unload passengers.
SECTION III. Stop and Yield Intersections.
A. The Traffic Engineer shall designate intersections at which preferential right
of way may be indicated by stop signs or yield signs.
B. Every stop sign and every yield sign shall be erected as near as practicable
to the nearest line of the crosswalk on the near side of the intersection or, if there is
no crosswalk, then as near as practicable to the nearest line of the intersecting roadway.
C. Every stop sign shall bear the word "Stop" in letters not less than eight (8)
inches in height. Every yield sign shall bear the word "Yield" in letters not less than
seven (7) inches in height. Every stop sign and every yield sign shall, at nighttime, be
rendered luminous by internal illumination or by a flood light projected on the fact of
the sign or by efficient reflecting elements in the face of the sign.
D. Except when directed to proceed by a police officer or traffic control signal,
every driver of a vehicle approaching a stop intersection indicated by a stop sign shall
stop before entering the crosswalk on the near side of the intersection or, in the event
there is no crosswalk, shall stop at a clearly marked stop line, but, if none, then at
the point nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway, after having so stopped, such driver shall yield the
right of way to any vehicle which is approaching the intersection from another or which
is approaching so closely on such street as to constitute an immediate hazard, but such
driver having so yielded may proceed and the drivers of all other vehicles approaching
the intersection shall yield the right of way to the vehicle so proceeding.
Traffic Ordinance - 119 -
E. The driver of a vehicle approaching a yield sign shall, in obedience to such sign,
slow down to a speed reasonable for the existing conditions, or shall stop, if necessary,
and shall yield the right of way to any pedestrian legally crossing the roadway on which he
is driving, and to any vehicle in the intersection or approaching on another street so
closely as to constitute an immediate hazard. Such driver having so yielded may proceed
and the drivers of all other vehicles approaching the intersection shall yield to the vehicle
so proceeding, provided, however, that if such driver is involved in a collision with a
pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign
without stopping, such collision shall be deemed prima facie evidence of his failure to
yield right of way.
1. Any stop required by this subsection shall be made before entering the cross-
walk on the near side of the intersection or, in the event there is no crosswalk, at a
clearly marked stop line, but if none, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the intersecting roadway.
SECTION IV. Stop Required When Emerging from Alley, Private Road, Driveway
or Building.
A. The driver of a vehicle emerging from an alley, private road, driveway or
building shall stop such vehicle immediately prior to driving onto a sidewalk or into the
sidewalk area extending across any alleyway or private driveway, and shall yield the
right of way to pedestrians and to vehicles approaching on the street.
B. Whenever any person driving a vehicle approaches a railroad grade crossing
under any of the circumstances stated in this section, the driver of such vehicle shall stop
within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall
not proceed until he can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal device gives warning of the
immediate approach of a railroad train.
2. A crossing gate is lowered or when a human flagman gives or continues to
give a signal of the approach or passage of a railroad train.
3. A railroad train approaching within approximately 1, 500 feet of the crossing
emits a signal audible from such distance and such railroad train, by reason of its speed
or nearness to such crossing, is an immediate hazard.
4. An approaching railroad train is plainly visible and is in hazardous
proximity to such crossing.
5. No person shall drive any vehicle through, around or under any crossing gate
or barrier at a railroad crossing while such gate or barrier is closed or is being opened
or closed.
Traffic Ordinance -•2.0 -, ,
6.
Any person
violating this
section
shall, upon conviction thereof, be punished
by a fine of
not less than
fifty dollars
($50.00)
nor more than two hundred dollars (200.00).
SECTION V. Hazardous Railroad Crossings --Designation and Marking.
A. The City Council or Mayor, by proper order or proclamation shall designate
such railroad crossings.as are deemed hazardous within the limits of such city, which
crossings are not provided with flagmen or electric danger signals.
B. It shall be the duty of all railroads or railway companies ope$atin• g in the City,
within thirty (30) days after such designation, to place at such crossings, upon both sides
of the track, a stop sign of warning giving notice that such,crossing is hazardous and
that drivers of motoi+-driven vehicles are required to stop.
C. It shall be unlawful for any driver to drive or propel any automobile, automobile
truck or other motor -driven vehicle upon any railroad track at a municipal street inter-
secting such railroad at a grade crossing that has been designated and marked as a
hazardous crossing, without first bringing such vehicle to a full stop at a distance of not
less than ten (10) feet nor more than fifty (50) feet from the nearest track, and then and
there looking and listening for approaching trains.
D. Any person violating the provisions of this section shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in any sum not less than five dollars
($5.00) nor more than twenty-five dollars ($25.00).
E.
All
money raised through fines levied under
the provisions of this
section shall
be paid
into
the treasury of the county credited to the
common school fund
of the county.
SECTION VI. Method of Parking. A vehicle parked on any street in the City shall
be parked on the right-hand side of the street, headed in the direction of traffic with its
right-hand wheels parallel to and within eighteen (18) inches of the curb, except where
streets have been marked for angle parking, and except that, on one-way streets, vehicles
may. be parked on the left-hand side of the street, unless parking is prohibited ou:such
side. In every case, a vehicle shall be parked entirely within any lines of markings on
the street designating parking spaces.
SECTION VII. Designation and Marking of Areas Where Parking is Prohibited,
Limited or Restricted. The City Council may, from time to time, designate streets or
portions thereof, or other areas, where the parking of vehicles is prohibited, limited
or restricted, and it shall be the duty of the Traffic Engineer to indicate such areas by
appropriate markings or signs giving notice of the prohibition, limitation or restriction.
SECTION VIII. Parking in Prohibited Areas; Overtime Parking. It shall be unlawful
for any person to cause, allow or permit any vehicle registered in his name or owned or
operated by him to be parked in any space or area in which parking is prohibited or to
remain in any parking space for a longer time than designated for the particular space,
or to be parked or to remain in violation of any restriction on parking imposed by the
City Council. This section shall be enforced only when appropriate signs or marking are
in place as required by Section VII.
Traffic Ordinance - 21 -
SECTION IX. Parking in Spaces Set Aside for Taxicabs or Other Commercial
Vehicles. Parking spaces set aside for taxicabs or other commercial vehicles shall be
so designated by proper lines and wording, and it shall be unlawful for any person to
park any vehicle other than a taxicab or other commercial vehicle in such a parking space.
SECTION X. Parking
Near
Scene
of Fire. It shall
be unlawful
for any person
to
park any vehicle within any
block
where
fire apparatus has
stopped in
answer to a fire
alarm.
SECTION XI. Starting Stopped, Standing, or Parked Vehicle. No person shall start
a vehicle which is stopped, standing or parked unless and until such movement can be made
with reasonable safety.
ARTICLE VI. PARKING ON CERTAIN STREETS
SECTION I. Application of Article. The provisions of this article prohibiting the
standing or parking of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs, except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions of a police officer or official
traffic control device. The provisions of this article imposing a time limit on parking shall
not relieve any person from the duty to observe other and more restrictive provisions pro-
hibiting or limiting the stopping, standing or parking of vehicles in specified places or at
specified times.
SECTION II.
Parking Prohibited at all
Times on Certain
Streets. When signs are
erected on any street or part of street giving
notice thereof, no
person shall park a
vehicle on the side
or sides of any such street
or part of street
so designated for no parking.
SECTION III. Parking Prohibited During Certain Hours on Certain Streets. When
signs are erected on any street or part of street in each block giving notice thereof, no
person shall park a vehicle on any such street or part of street in each block so designated
between the hours specified by the signs, except on Sunday and public holidays.
SECTION N. Stopping, Standing or Parking Prohibited During Certain Hours on
Certain Streets. When signs are erected on any street or part of street in each block
giving notice thereof, no person shall stop, stand or park a vehicle on any such street or
part of street in each block so designated between the hours specified by the signs, except
on Sunday and public holidays.
SECTION V. Parking Time Limited on Certain Streets. When signs are erected
on any street or part of street in each block giving notice thereof, no persons shall park
a vehicle on any such street or part of street in each block so designated for longer than
one hour at any time between the hours of 8:00 a.m. and 6:00 p.m. of any days except
Sunday or public holidays.
Traffic Ordinance
•
SECTION VI. Parking Signs Required. Whenever, by any provision of this Ordinan
a parking time limit is imposed or parking is prohibited on any street or part of street,
it shall be the duty of the Traffic Engineer to erect appropriate signs on such street or
part of street giving notice thereof and no such regulations shall be effective unless said
signs are erected and in place on the side or sides of the street or part of street where
parking time is limited or prohibited at the time of any alleged offense.
SECTION VII. Parking in Public Parks. No person shall park a vehicle in any
street, roadway, driveway or parking area that is marked for parking, in any public park
at any time or any manner, except as designated by lines or markings upon the pavement
or ground. No person shall park any vehicle in front of or across any driveway or entrance-
way or within five (5) feet of any driveway or entranceway to any picnic area or filter
building located in any public park. Nor shall any person park a vehicle at any place within
a public park whereby, by signs duly erected, parking is prohibited. No person shall park
any vehicle in any public park later than 12:00 Midnight.
SECTION VIII. Parking of Common Carriers at Night Prohibited. No person shall
park a truck, tractor or trailer with a capacity of 3/4 ton or larger, or the chassis thereof,
on any street between the hours of 12:00 midnight and 6:00 a. in.; nor shall any person use
any street for the purpose of repairing or reconditioning any such truck, trailer, or any
common carrier or any part thereof, except when such repairs shall be necessitated by
an emergency.
SECTION IX.
Parking Restrictions During Certain Hours as
Designated by
Traffic Engineer.
The Traffic Engineer is hereby authorized to
determine the location
of two-hour
parking
zones and to place and maintain appropriate signs
indicating the same
and stating
the hours
during which said limitations are applicable,
provided that the
installation
of such
shall be subject to the following conditions:
A. All
so-called
"two-hour" zones
heretofore designated
and marked are hereby
designated as
two-hour
parking zones.
B. No person shall park any vehicle in any two-hour parking zone located in the
City for longer than two hours at any time between the hours so designated and, if the
hours are not designated then not longer than two hours at any time,, except on Sundays
or holidays. All such two hours parking zones shall be designated by signs.
ARTICLE VII. STOPPING FOR LOADING AND UNLOADING.
SECTION I. Traffic Engineer to Designate Curb Loading Places. The Traffic
Engineer is hereby authorized to determine the location of passenger and freight curb
loading zones and shall place and maintain appropriate signs indicating the same and
stating the hours during which the provisions of this section shall be applicable.
Traffic Ordinance - @23 -
SECTION II. Permits for Curb Loading Zones. The Traffic Engineer shall not
hereafter designate or sign any curb loading zone upon special request of any person
unless such person makes application for a permit for such zone and for one sign to
indicate each zone.
A. Any person, firm or corporation desiring passenger or loading or unloading
zones may make application in writing to the Traffic Engineer and pay to the City of
Fayetteville, seventy dollars ($70. 00) per meter space, per year, based on the national
average income per meter.
B. In the event such request is for a loading zone outside of the parking meter
district, then such person making the request shall pay to the City of Fayetteville an annual
fee of Two Dollars ($2.00) per foot per year for the purpose of covering the expense of
the City in painting and designating with appropriate signs, and otherwise maintaining
said limited parking, or unloading zones. Such payment shall be made to the City on or
before the first day of July of each and every year.
C. The person or persons who own the property adjacent to any zone designated
by the Traffic Engineer shall not be required to pay said maintenance fee as required by
this ordinance, provided such zone is designated by the Traffic Engineer for the con-
venience of the general public. Such zones shall be maintained and cared for at the expense
of the City of Fayetteville.
D. It is hereby declared to be unlawful for any person, firm or corporation to paint
the curb, sidewalk or any part of the street of the City of Fayetteville in any manner what-
soever, and it shall be unlawful for any person, firm or corporation to designate any part
of any street of the City of Fayetteville as being limited in any manner with respect to
parking thereon.
SECTION III. Standing in Passenger Curb Loading Zone. No person shall stop,
stand, or park a vehicle for any purpose or period of time other than for the expeditious
loading or unloading of passengers in any place marked as a passenger curb loading zone
during hours when the regulations applicable to such curb loading zones are effective, and
then only for a period of not to exceed three (3) minutes.
SECTION IV. Standing in Freight Curb Loading Zone. No person shall stop, stand
or park a vehicle for any purpose or length of time other than for the expeditious unloading
and delivery or pick-up and loading of materials in any place marked as a freight curb
loading zone during hours when the provisions applicable to such zones are in effect. In
no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.
SECTION V. Traffic Engineer to Designate Public Carrier Stops and Stands. The
Traffic Engineer is hereby authorized to establish bus stops, bus stands, taxicab stands
for other passenger common -carrier motor vehicles on the public streets in such places
as he shall determine to be of the greatest benefit and convenience to the public, such bus
stops, bus stands, taxicab stands, or other stands, so established, shall be designated
by appropriate signs where deemed by the Traffic Engineer as necessary.
Traffic Ordinance
SECTION VI. S
rules shall govern the
-24-
and Parking of Buses and '
g and parking of buses and
The following
A. Except in the operation of a charter or special bus, the operator of a bus shall
not stop, stand or park any bus upon any street other than at a bus zone, or any other
location commonly used to take on and discharge passengers.
B. Except in the operation of a charter or special bus, the operator of a bus shall
not stop such vehicle upon any street at any place for the purpose of loading or unloading
passengers or their baggage other than at a bus stop, bus stand, or passenger loading
zone or any other location commonly used for discharging and picking up passengers.
C. The operator of a bus shall enter a bus stop, bus stand or passenger loading
zone or other location where passengers are normally discharged or picked up in such
manner that the bus, when stopped to load or unload passengers or baggage, shall be in
a position as close to the curb as possible, so as not to impede unduly the movement of
other vehicular traffic.
D. The operator of a taxicab shall not stand or park such vehicle upon any street
at any place other than in a taxicab stand designated by the Traffic Engineer. This pro-
vision shall not prevent the operator of a taxicab from temporarily stopping in accordance
with other stopping or parking regulations at any place for the purpose of and while
actually engaged in the expeditious,unloading.or loading of passengers.
SECTION VU. Restricted Use of Bus and Taxicab Stands. No person shall stop,
stand or park in a vehicle other than a bus in a bus stop or other than a taxicab in a taxi-
cab stand when such stop or stand has been officially designated and appropriately signed,
except that the driver of a passenger vehicle may temporarily stop therein for the purpose
of and while actually engaged in loading and unloading passengers when such stopping does
not interfere with any bus or taxicab waiting to enter or about to enter such zone.
SECTION VIII. Traffic Engineer to Designate Hotel Loading Zones. The Traffic
Engineer shall establish and mark hotel zones to be used solely for the loading and unloading
of passengers and baggage. Standing or parking in such hotel zones shall be limited to
fifteen minutes.
SECTION IX. Parking in Hotel
Loading
Zone. No person shall park a
vehicle in
a hotel zone except for the purpose of
taking
and discharging passengers and
baggage
destined for said hotel.
Traffic Ordinance
-25-
ARTICLE VIII. PEDESTRIANS
SECTION I. Application of Article. Pedestrians shall be subject to traffic control
signals at intersections, but at all other places pedestrians shall be accorded the
privileges and shall be subject to restrictions stated in this article.
SECTION IL Right of Way in Crosswalk.
A. Where traffic control signals are not in place or. in operation, the driver of a
vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to
a pedestrian crossing the roadway within any marked crosswalk or within any unmarked
crosswalk at an intersection, except as otherwise provided in this article.
B. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of
any other vehicle approaching from the rear shall not overtake and pass such stopped
vehicle.
SECTION III. Required Use of Crosswalks. Between adjacent intersections at which
traffic control signals are in operation, pedestrians shall not cross at any place except
in a marked crosswalk.
SECTION N. Use of Right Half of Crosswalk. Pedestrians shall move, whenever
practicable, upon the right half of the crosswalks.
SECTION V. Duty to Yield Right of Way to Vehicles at Certain Places.
A. Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right to way
to vehicles upon the roadway.
B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or
overhead pedestrian crossing has been provided shall yield the right of way to all
vehicles upon the roadway.
SECTION
VI. Hitchhiking from
Roadway Prohibited.
No person shall stand in a
roadway for the
purpose of soliciting
a ride from the driver
of any private vehicle.
SECTION VII. Special Provisions Relative to Blind Pedestrians
A. All
blind
persons traveling
along or across the streets of the City shall have
the right of way
over all other traffic
on such streets, except at street intersections
where traffic
lights
are maintained.
To entitle such persons to the right of way, they
shall carry a
white
cane with red tip,
or a cane the color of which is predominantly white,
or light, or a
cane
constructed of aluminum or other light-colored metal.
Traffic Ordinance - 26 -
B. All traffic on the streets shall yield the right to way to blind persons carrying
a cane as described in subsection (A), except at street intersections where traffic lights
are maintained. Anyone failing to yield the right 6f vi3y to such blind pedestrians shall
be guilty of a misdemeanor and subject to a fine of not more than one hundred dollars
($100.00). All blind persons walking along the streets without carrying such cane, or
without using a "seeing -eye dog" specially trained for the purpose of accompanying and
assisting blind persons, shall be guilty of a misdemeanor and subject to a like fine.
SECTION VIII. Duty of Drivers to Exercise Care with Regard to Pedestrians.
Notwithstanding the provisions of this article, every driver of a vehicle shall exercise
due care to avoid colliding with any pedestrian upon any roadway and shall give warning
by sounding the horn when necessary and shall exercise proper precaution upon observing
any child or any confused or incapacitated person upon a roadway.
ARTICLE X. BICYCLES
SECTION I. Traffic Regulations to Apply to Persons Riding Bicycles. Every
person riding a bicycle upon a roadway shall be granted all of the rights and shall be
subject to all the duties applicable to the driver of a vehicle by the laws of this state
declaring rules of the road applicable to vehicles or by the traffic ordinances of this City
applicable to the driver of a vehicle, except as to special regulations in this Article and
except as to those provisions of laws and ordinances which by their nature can have
no application.
SECTION II. Obedience to Traffic Control Devices. Any person operating a
bicycle shall obey the instruction of official traffic control signals, signs and other control
devices applicable to vehicles, unless otherwise directed by a police officer. Whenever
authorized signs are erected indicating that no right or left or U-turn is permitted, no
person operating a bicycle shall disobey the direction of any such sign, except where such
person dismounts from the bicycle to make any such turn, in which event such. person
shall then obey the regulations applicable to pedestrians.
SECTION III. Manner of Riding. A person propelling a bicycle shall not ride other
than astride a permanent and regular seat attached thereto. No bicycle shall be used to
carry more persons at one time than the number for which it is designed and equipped.
SECTION W. Riding on Roadways and Bicycle Paths. Every person operating a
bicycle upon a roadway shall ride as near to the right-hand side of the roadway as
practicable, exercising due care when passing a standing vehicle or one proceeding
in the same direction. Persons riding bicycles upon a roadway shall not ride more than
two abreast, except on paths or parts of roadways set aside for the exclusive use of
bicycles. Whenever a usable path for bicycles has been provided adjacent to a roadway,
bicycle riders shall use such' path and shall not use the roadway.
SECTION V. Speed. No person shall operate a bicycle at a speed greater than is
reasonable and prudent under the conditions then existing.
I
Traffic Ordinance - 27 -
SECTION VI. Emerging from Alley or Driveway. The operator of a bicycle
emerging from an alley, driveway, or building, shall, upon approaching a sidewalk or the
sidewalk area extending across the alley -way, yield the right of way to all pedestrians
approaching on said sidewalk area; and upon entering the roadway shall yield the right of
way to all vehicles approaching on said roadway.
SECTION VII. Clinging
to
Vehicles.
No person riding upon any
bicycle shall
attach the same or himself
to any
vehicle upon
a roadway.
SECTION VIII. Carrying Articles. No person operating a bicycle shall carry any
package, bundle or article, which prevents the rider from keeping at least one hand upon
the handle bars.
SECTION IX. Parking. No person shall park a bicycle upon a street other than
upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle
or against a building or at the curb, in such manner as to afford the least obstruction to
pedestrian traffic.
SECTION X. Riding on Sidewalks. No person shall ride a bicycle upon a side-
walk within a business district. Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right of way to any pedestrian and shall give an audible signal
before overtaking and passing such pedestrian.
SECTION XI. Lamps and Other Equipment on Bicycles. Every bicycle when in
use at nighttime shall be equipped with a lamp on the front which shall emit a white light
visible from a distance of at least five hundred to the front and with a red reflector on
the rear of a type which shall be visible from all distances from fifty feet to three hundred
feet to the rear when directly in front of lawful upper beams of headlamps on a motor
vehicles. A lamp emitting a red light to the rear may be used in addition to the red
reflector. No person shall operate a bicycle unless it is equipped with a bell or other
device capable of giving a signal for a distance of at least one hundred feet, except that a
bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or
whistle. Every bicycle shall be equipped with a brake which will enable the operator to
make the braked wheel skid on dry, level, clean pavement.
ARTICLE X. MISCELLANEOUS PROVISIONS
SECTION I. Driving 'Without a License. No person shall operate a motor vehicle
upon the streets or alleys of the City of Fayetteville unless such person has a valid
license as an operator or chauffeur as required by the laws of the State of Arkansas.
SECTION II.
Equipment
of Motor Vehicles.
No
person shall drive a motor
vehicle not complying
with
the following requirements
as
equipment:
C --
Traffic Ordinance - 28 -
A. Signaling Devices: Every motor vehicle shall be
directed forward, or whistle in good working order, capable
in quality and volume to give warning of the approach of such
the street and to pedestrians. Such signaling device shall be
only and shall not be used for making unnecessary noise, and
signaling device shall be used at any time.
equipped with a horn,
of emitting a sound adequate
vehicle to other users of
used for warning purposes
no other sound -producing
B. Brakes. All motor vehicles, except motorcycles shall be provided at all times
with two sets of adequate brakes, kept in good working order, and motorcycles shall be
provided with one set of adequate brakes kept in good working order.
C. Mirrors: All motor vehicles which are so constructed or loaded that the
driver cannot see the street behind such vehicle by looking or around the side of such
vehicle shall be equipped with mirror so adjusted as to reveal the street and be visible
from the driver's seat.
D. Muffler Cutouts: Muffler cutouts shall not be used and no vehicle shall be
driven in such manner or condition that excessive and unnecessary noises shall be made
by its machinery, motor, signaling device, or other parts, or by any improperly loaded
cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers
of such capacity or construction as to quiet exhaust noises insofar as possible. Any
cutout or opening in the exhaust pipe between the motor and the muffler on any motor
vehicle shall be completely closed and disconnected from its operating lever, and shall
be so arranged that it cannot automatically open, or be opened while such vehicle in
in motion.
SECTION III. Lights. No person shall drive a vehicle during the period from
one-half hour after sunset to one-half hour before sunrise without front and rear lights,
which shall meet all the requirements of State law.
SECTION IV.
Projection on Vehicles. All
vehicles carrying
poles or
other objects
which project more
than five feet from the rear of
such vehicle shall,
during the
period
when lights are required by this Article, carry a red
light at or near
the rear
end of the
pole or other object
so projecting. At other times
a red flag or cloth
not less
than sixteen
inches square shall
be displayed at the end of such
projections.
SECTION
V.
Traffic
Engineer
to
Designate Crosswalks, Safety Zones and
Traffic Lanes.
The
Traffic
Engineer
is
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 other 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.
✓ --
Ordinance No. 1447 - 29 - June 7, 1965
E.
To mark
traffic lanes
upon the roadway of any street where,
in his opinion, a
regular
alignment
of traffic is
desirable.
SECTION VI. Traffic Engineer May Establish Play Streets. The Traffic Engineer
may declare any street or part thereof a play street, no person shall drive a vehicle upon
any such street or portion thereof, except drivers of vehicles having business or whose
residences are within such area, and then any such driver shall exercise the greatest
care. The Traffic Engineer shall appropriately mark all such streets or parts of streets.
SECTION VII. Authority to Sign One -Way Streets and Alleys. The Traffic Engineer
is hereby authorized to determine and designate one-way streets and alleys and the Traffic
Engineer shall place and maintain signs giving notice thereof, and no such regulations
shall be effective unless such signs are in place. Signs indicating the direction of lawful
traffic movement shall be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
SECTION VIII. One -Way Streets and Alleys. Upon those streets and parts of streets
and in those alleys designated one-way, vehicular traffic shall move only in the indicated
direction when signs indicating same are duly placed.
SECTION IX. Authority to Restrict Direction of Movement on Streets During
Certain Periods. The Traffic Engineer is authorized to determine and designate streets,
parts of streets or specific lanes upon which vehicular traffic shall proceed in one direction
during one period of the day and the opposite direction during another period of the day,
and shall place and maintain appropriate markings, signs, barriers, or other devices
to give notice thereof. The Traffic Engineer may erect signs temporarily designating
lanes to be used by traffic moving in a particular direction, regardless of the centerline of
the roadway. It shall be unlawful for any person to operate any vehicle in violation of such
markings, signs, barriers, or other devices so placed in accordance with this section.
SECTION X. Truck Routes. The Traffic Engineer is authorized to determine and
designate streets, parts of streets or specific lanes as truck routes and when so designated
all such trucks shall use such routes to the closest point of their destination. For the pur-
pose of this ordinance the word "truck" shall mean any vehicle designed or operated for
the transportation of property, the body weight or combined body and load weight of which
exceeds 4,500 pounds.
SECTION XI. Riding on Motorcycles. A person operating a motorcycle shall ride
only upon the permanent and regular seat attached thereto, and such operator shall not
carry any other person, nor shall any other person ride on a motorcycle unless such
motorcycle is designed to carry more than one person, in which event a passenger may
ride upon the permanent and regular seat if designed for two persons, or upon another
seat to the rear of the operator.
Traffic Ordinance - 30 -
SECTION XII.
Boarding or
Alighting from Vehicles. No person shall board or
alight
from any vehicle
while same
is in motion.
SECTION XIII. Unlawful Riding. No person shall ride on any vehicle upon any
portion thereof not designed or intended for the use of passengers. This provision shall
not apply to an employee engaged in the necessary discharge of a duty, as to persons
riding within truck bodies in space intended for merchandise.
SECTION XIV. Railroad Trains not to Block Streets. It shall be unlawful for the
directing officer or operator of any railroad train to direct the operation of or to operate
the same in such a manner as to prevent the use of any street for the purpose of travel
for a period of time longer than five (5) minutes.
SECTION XV. Driving
Through
Safety
Zones Prohibited. No vehicle shall at
any time be driven through or
within
a safety
zone.
SECTION XVI. Throwing Things on Streets. No person shall throw or place on
any street any tacks, nails, wire, scrap metal, glass crockery, sharp stones or other
substances injurious to the feet of persons or animals or to the tires of vehicles. Any
person who has purposely or accidentally dropped any such substance upon the street shall
immediately clear such street of the same.
SECTION XVII. Hauling Rubbish or Loose Material on Streets. No vehicle shall
be used to haul rubbish, trash, loose bottles, tin cans, brush, waste paper, loose dirt,
rocks or material of similar nature, upon the traffic streets without first having been
equipped with the proper equipment as hereinafter set out to prevent the load, or any part
thereof, from falling, dropping or being blown off the vehicle while in motion. The bed
and sidewalls. thereof shall not drop through or from the vehicle. The vehicle shall not
be loaded in such manner that any part of the load extends over and above the sidewalls
of the truck bed. When the vehicle is being used for carrying loose paper or other material
that may be blown from the load, a tarpaulin or screen cover of sufficient mesh shall be
used to cover the load to prevent its being blown from the vehicle while in motion.
SECTION XVIII. Signs and Window Stickers. No person operating a motor vehicle
in the City shall have affixed to the windshield or any other windows thereof any sign,
sticker, insignia, other obstruction or defect that limits visibility except such sign, sticker
or insignia required by any law or regulation, federal, state or city. Such sign, sticker
or insignia when required, shall be placed in the lower right-hand corner of the windshield
or such place and in such manner as not to obstruct the view of the driver. Provided that
stickers do not occupy more than five per cent of the glass area, they may be affixed to
the rear window in such manner and place so as not to obstruct the view of the driver of
such motor vehicle.
SECTION -XIX. Dimming of Lights. Every person operating a motor vehicle shall
depress his headlights from a high beam to a low beam within five hundred (500) feet when
approaching another vehicle traveling in the opposite direction.
.
Traffic Ordinance - 31 -
SECTION XX. Growing of Shrubs, etc., Near Intersections. No person shall
permit any tree, shrub, hedge, flower, or other form of vegetation to grow within twenty-
five feet of the intersection of the curb lines of two intersecting streets to a height in
excess of three (3) feet above the lowest grade of two intersecting streets. Provided,
however, that trees now growing in such places may grow above said height if the limbs
are trimmed to the minimum height of eight feet.
SECTION XXI. Unattended Motor Vehicles. No person driving or in charge of a
motor vehicle shall permit it to stand unattended without first stopping the engine, locking
the ignition and removing the key, or when standing upon any perceptible grade without
effectively setting the brake thereon and turning the front wheels to the curb or side of
the highway.
SECTION XXII. Clinging to Vehicles. No person riding upon any bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon
a roadway.
SECTION XXIII. Used Car Dealer Regulations. All automobile dealers in the
City of Fayetteville are required to furnish to the Police Department a list of all used
cars sold by the dealer, setting forth such information as is prescribed by the Police
Department.
SECTION XXIV. Failure to Transfer State License. Any person purchasing a
used car and failing to have license plates registered in his name within five (5) days of
date of bill of sale, or who shall give a fictitious address when having a car registered,
shall be guilty of a misdemeanor.
SECTION XXV. Garage Keepers to Report Damaged Vehicles. The person in
charge of any garage or repair shop in Fayetteville to which is brought any motor vehicle
which shows evidence of having been involved in a serious accident or struck by any bullet,
shall report same to the Police Department within twenty-four (Z4) hours after such motor
vehicle is received, giving the engine number, registration number and the name and
address of the owner or operator of such vehicle.
SECTION XXVI. Avoiding Arrest. It shall be unlawful for any person to turn off
any lights on a motor vehicle for the purpose of avoiding arrest or identification.
SECTION XXVII. Zone of Quiet. Whenever authorized signs are erected indicating
a zone of quiet, no person operating a motor vehicle within any such zone shall sound the
horn or: other warning device of said vehicle except in an emergency.
SECTION XXVII. Driving Through Filling Stations. It shall be unlawful for
any person, after having driven a motor vehicle into any filling station where gasoline is
sold in this City, to leave same without having first brought the said vehicle to a full stop.
Traffic Ordinance - 32
SY:C'1.1ON XXVIII. Passing School Bus.
A. When any school bus vehicle stops, every operator of a motor vehicle or
motorcycle approaching the same from any direction shall bring such motor vehicle to
a full stop before proceeding in any direction; and in the event such school bus vehicle
is receiving and/or discharging passengers, the said operator of such motor vehicle
or motorcycle shall not start up or attempt to pass in any direction until said school
bus vehicle has finished receiving and/or discharging its passengers.
B. Any person who vic,'_^.tes this section shall, upon conviction thereof, be
guilty of a misdemeanor, and shall be fined not less than ten dollars ($10.00) nor more
than five hundred dollars ($500. 00) or confined to jail not to exceed ninety (90) days,
or both such fine and imprisonment.
ARTICLE XI. PENALTIES AND PROCEDURE ON ARREST.
SECTION I. Penalty. It is a misdemeanor for any person to violate any pro-
visions of this Ordinance unless such violation is by this Ordinance or other law of this
State declared to be a felony.
A. Unless another penalty is in this Ordinance or by the laws of this State. pro-
vided, every person convicted of a misdemeanor for the violation of any provision of this
Ordinance shall be punished by a fine of not more than $500.00 or by imprisonment for
not more than six months or by both such fine and imprisonment.
SECTION II. Forms and Records of Traffic Citations and Arrests. The City
shall provide books to include traffic citation forms for notifying alleged violators to
appear and answer to charges of violating traffic laws and Ordinances in the Municipal
Court. The officer in charge of traffic shall issue such books for the Chief of Police or
his duly authorized agent and shall maintain a record of every book so issued. The Chief
of Police shall be responsible for the issuance of such books to individual members of the
Police Department. The Chief of Police shall maintain a record of every such book and
each set of citations contained therein.
SECTION III. Procedure of Police Officers. Except when authorized or directed
under state law to immediately take a person before a Magistrate for the violation of
any traffic laws, a police officer who halts a person for such violation other than for the
purpose of giving him a warning or warning notice and who does not take such person into
custody under arrest, shall take the name, address, the registration number of the motor
vehicle involved, and such other pertinent information as may be necessary, and shall
issue to him in writing on a form provided by the City a traffic citation containing a
notice to answer to the charge against him in the Municipal Court at a time to be specified
in said citation.
SECTION IV. Disposition of Records of Traffic Citations, Warr
The following rules shall govern the disposition of traffic records:
Ordinance No. 1447 - 33 - June 7, 1965
A. Every police officer upon issuing a traffic citation to an alleged violator of any
provision of the motor vehicle laws of this State or of any traffic ordinance shall deposit
the original and a duplicate copy of the citation at the direction of the Chief of Police,
who shall cause the original to be delivered to the Municipal Court and said duplicate
copy to the central records section of the Police Department.
B. Upon the filing of such original citation in the Municipal Court of this City as
aforesaid, said citation may be disposed of only by trial in said court or by other official
action, including forfeiture of bail or by payment of a fine to the Traffic Violation Bureau
of said Court.
C. The Chief of Police
shall also maintain or
cause to be maintained in connectic_.
with every
traffic citation issued by a member of the Police Department a record of the
disposition
of the charge by
the Municipal Court or
its Traffic Violation Bureau.
D. The Chief of Police shall also maintain or cause to be maintained a record of
all warrants issued by the Municipal Court on said traffic violation charges and which are
delivered to the Police Department for service, and of the final disposition of all such
warrants.
E. It shall be unlawful and official misconduct for any member of the Police Depart-
ment or other officer or public employee to dispose of, alter, or deface a traffic citation
or any copy thereof, or the record of the issuance or disposition of any traffic citation,
complaint, or warrant in a manner other than as required by this section. Provided,
however, that nothing in this section shall prevent the City Attorney from changing the
charge in a citation.
SECTION V. Illegal Cancellation of Traffic Citations. It shall be unlawful for any
person to cancel or solicit the cancellation of any traffic citation in any manner other
than as provided in this ordinance.
SECTION VI. Audit of Records and Reports. Every record of traffic citations,
complaints thereon, and warrants issued therefor required in this Article shall be
audited by a firm of independent, certified public accountants at the time of the general
City audit. Reports of said audit shall be public records. For the purpose of this
ordinance, said accounts shall have access at all times to all necessary records, filed
and papers of the Municipal Court, its Traffic Violations Bureau, and the Police
Department.
SECTION VII. When Copy of Citation Shall be Deemed a Lawful Complaint. In
the event the form of citation provided herein includes information and is sworn to as
required under the general laws of the State in respect to a complaint charging com-
mission of the offense alleged in said citation to have been committed, then such citation
when filed with the Municipal Court shall be deemed to be a lawful complaint for the
purpose of prosecution under this Ordinance.
I.
Ordinance No. 1447 - 34 - June 7, 1965
SECTION VIII. Citation of Illegally Parked Vehicle. Whenever any motor vehicle
without driver is found parked or stopped in violation of any of the restrictions imposed
by this Ordinance, the officer finding the vehicle shall take its registration number and
may take any other information displayed on the vehicle which may identify its user, and
shall conspicuously affix to such vehicle a traffic citation, on a form provided by the City,
for the driver or registered owner to answer the charge against him during the hours and
at a place specified in the citation.
SECTION IX. When Warrant to be Issued. In the event any person fails to comply
with a traffic citation given to him or attached to a vehicle belonging to him or fails to
make appearance pursuant to a summons directing an appearance in Municipal Court, or
if any person fails or refuses to deposit bail as required and within the time permitted by
ordinance, the clerk of the Municipal Court shall secure and issue a warrant for his arrest.
SECTION X. Record of Traffic Cases, Report of Conviction to State Department of
Motor Vehicles. The Municipal Court shall keep or cause to be kept a record of every
traffic complaint, traffic citation, or other legal form of traffic charge deposited with or
presented to said Court, and shall keep a record of every official action by said Court
in reference thereto, including but not limited to a record of every conviction, forfeiture
of the amount of fine or forfeiture resulting from bail, judgment of acquittal, and that
every said traffic complaint or citation deposited with or presented to said Court. The
Municipal Court shall make reports to the State Department of Revenue, Drivers License,
Registration Bureau in accordance with State Law.
SECTION XI. Disposition of Traffic Fines and Forfeitures. All fines of forfeiture
collected upon conviction or upon the forfeiture of bail of any person charged with a
violation of any of the provisions of this chapter shall be paid over to the City Treasurer
in accordance with the procedure established by State Law.
SECTION XII. Authority to Impound Vehicles. The Police Department is hereby
authorized to remove a vehicle from a street or highway to the nearest garage or other
place of safety, or to a garage designated or maintained by the Police Department, other-
wise maintained by the City under the circumstances hereinafter enumerated:
A. When any vehicle is left unattended upon any bridge, viaduct or causeway or in
any tunnel where such vehicle constitutes an obstruction to traffic.
B. When a vehicle upon a highway is so disabled as to constitute an obstruction to
traffic and the person or persons in charge of the vehicle are by reason of physical injury
incapacitated to such an extent as to be unable to provide for its custody or removal.
C. When any vehicle is left unattended upon a street and is so parked illegally as to
constitute a definite hazard or obstruction to the normal movement of traffic; when any
vehicle is left continuously and unattended upon -any street for a period of more than
forty-eight (48) hours; and any time a vehicle is parked in a prohibited area that is so
designated by signs or other official markings.
Ordinance No. 1447
- I June 7, 1965
D. Whenever the Police Department removes a vehicle from a street under this section
and does not know and is not able to ascertain from the registration records in the vehicle,
the name and address of the owner thereof, such Police Department shall immediately give
or cause to be given notice in writing to such owner of the fact of such removal and the
reasons therefor and of the place to which such vehicle has been removed.
E. Whenever the Police Department moves a vehicle from a street under this section
and does not know and is not able to ascertain the name of the owner, or for any other
reason is unable to give the notice to the owner as hereinabove provided, and in the event
the vehicle is not returned to the owner within a period of three (3) days, written report
of such removal to the State Department whose duty it is to register motor vehicles. Such
notice shall include a complete description of the vehicle, the date, time and place from
which removed, the reasons for such removal, the name of the garage or place where the
vehicle is stored.
ARTICLE XII. REPEAL, SEVERABILITY AND EMERGENCY PROVISIONS.
SECTION I. All ordinance, sections and/or parts of ordinances in conflict herewith
are hereby repealed.
SECTION II. The repeal provided for in Section I hereof shall not affect any ordinance
regulating traffic on specific streets, such as ordinances establishing one-way streets,
prescribing parking restrictions, prohibitions or limitations, designating stop intersections
and through streets, and truck routes and shall not affect Ordinance No. 1207, passed
June 23, 1959, as amended by Ordinances No. 1237 (May 9, 1960) and 1292 (March 26, 1962.
SECTION
III. The repeal of
ordinances
conflicting herewith
shall not
affect the
prosecution or
punishment of any
person for
any violation of such
repealed
ordinances.
SECTION W. The City Council hereby declares that, should any section, paragraph,
or sentence or work of this ordinance or of the ordinance hereby adopted be declared for
any reason invalid, it is the intent of the City Council that it would have passed all other
portions of this ordinance independent of the elimination herefrom of any portion as
may be declared invalid.
SECTION V. It has been found and is declared by the'City Council of the City of
Fayetteville, Arkansas, that grave traffic hazards exist in the City of Fayetteville,
endangering the lives and property of its citizens; that strengthened and more com-
prehensive traffic laws will materially reduce such traffic hazards. Therefore, an
emergency is declared to exist, and this ordinance being necessary for the preservation
of the public peace, health and safety, shall be in full force and effect from and after its
passage and approval.
PASSED AND APPROVED THIS 7th day of June, 1965.
APPROVED:
ATTEST: 2L)"(( 1k.
7 GUY E. 1BROWN, MAYOR
-
r
' s I STATE of ARKANSAS 1 ° w
ft
JP es.
County of Washington
I, _----- { _."-+:..._. 1 __—_—_, hereby certify that I
am the (Gene4al Managdr) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
less than four pages of five columns each, published at a fixed place of
business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for —f/ __
coateeautiva insertiogd as follows: rr
The first insertion on the day of 19 hS�
the second insertion on the day of 19 —
the third insertion on the __________..___.._.— day of __. 19 —
and the fourth insertion on the _._-- d of_ yt9__ _ g -'IL -
Sworn to and subscribed before me on this ,2_ day of __.
19_G C
_1
Nott Public
My Commission Expires:
Fees for Printing _ $_Lz y '2/
Cost of Proof _._._ $._
Total — $fa2 /
tegol Notkes—
the to
and all
cable t
to mak
a, to lr
Operat
r and
In the
SECTION 1. Dennitkns. For the
-rc .„i uuay w ueternume to
stailatlon and timing
purposes of.this chapter,. the fol-
toning words and phrases shall
proper
I maintenance of traffic semen
have the meanings ascribed to
view, to conduct engine
analysis of traffic asetdents'ai
them in this section unless clearly
Idevise remedial measures, to
indicated torows contrary:
1. cles emergency cle.IO-
duct .engineering Investigate
ilt
itrathic
ent,
Vehicles of e fire department, -
of the
on the streets and high
of this City, to determine. and
flee and such ambu-
ignate is e parts. of - stree
reddepartment emergency
lances and emarvehicles of
specific lanes as: truck: ionic
rrclyco departments or public
service corporationszed as dCelg-
determine and d t
g the
ndte0 -or authorized by the police
p
restrictions, ng on
tlen parking, certain rtt
or the state commlesloner of motor
eoft
e.
to determine one-way- streets
vehicles.
District.
Business District. The territory
doupente with other officials.h
contiguous to and a street
N g
development of.wan and mein
when 9D per amt or
or highwayre 'frontage
Itn➢Mve traffic Conditions, en
easy out such additional po
of -the therein fora
more of the
and duties as may be' Impose
distance of SW feet or more is
ordinance.
st.
copied by buildings in use for boat_
SECTION IT!. Recee Ti
m 3, Bicycle Every device propelled
' ep
shat keep olations. a recorde , of all viola
by 'human power upon which any
of the traffic ordinances of this
person may ride, having two tan-
or of the statevehlcle laws of w
dem wheels eitherof which is 12
any person has been ehed
etgrge
Inch" or more in diameter.
an, w.. .,•,,,,.. �___. '...a
prolongation or connection
lateral lines of sidewalks at
etlons and any portion of a
iy distinctly Indicated for
ten crossing by lines or oth-
rkings on the surface.
tree. Every person who
or is in actual physical con.
a vehicle.
terseetlon. The area em-'
'within' the prolongation or
Lion Tot the lateral curb lines
.one. then the lateral bound -
es of the roadways of two (2)
or highways which join one
r at. or approximately at.
angles or the area within
vehicles traveling upon dif-
streets or.,hlghways joining
other angle may come In
ones . Roadway. A roadway
V divided into two (2) or
teeny marked lanes for ve-
traffic.
do?tyele. Every motor ve-
wvinga saddle for the use of
er and designed to. travel on
re -than three (3) wheels In
with the ground, hut ex-
a- tractor.
for Vehicl. Every vehicle
is 'self-propelled and every
which Is propelled by eiee-
wer obtained from overhead
wires. but not operated upon
LiI
tamed as to show types of::visit
tions and the total of all sucha
leged offena". Such records she'.
be maintained as to show. all type
of violations and the total of eat)
All such records shall be 'kept to
a period of at least five Years. Al
forms of records of violations 'an
notices of violations shalt -be serial
ly numbered. For each month am
year a written record shall be kep
available to the public- showing tb
disposal of all such forms. AD suet
records and reports shifl'be'.publl
records.
SECTION ' IV. Traffic Acsldsa
Studies. Whenever the accidents a
any particular location becomm
numerous, the Police Departmen
shall cooperate with the Traffic
Engineer in conducting studies a
such accidents and determihfy
remedial measures.
SECTION V. Traffic AaeideatoR.
ports The Police Department shat
maintain a suitable system`of'ftlmt
accident reports.. Accident report
or cards referring to them shall In
filed alphabetically ' by location
Such reports shall be available Its
the use and information of 'tb4
Traffic Engineer. SECTION VT. VI. Driven ►hats, M
Maintained. The Police Deparbriini
I shall maintain a suitable record of
thertty or a public body or official cases i
having jurisdiction, for the pur- with f
pose of regulating, warning or of the
building traffic. . Ifreque
aerlow
to dig
number of traffic,aecl-
number of -persona
nber of persons injured,
pertinent traffic data.
number of traffic ,acs.
tinted and other perti_
on the safety, activities
ce.
plans and. recommends.
le division for future
ety, activities..-:..,. , ..
11. ONkial
Any device.
event the vehicle is the subject of
an agreement for the conditionall
'sale or lease thereof with the. right
'of purchase upon' performance.. of
the conditions stated in the agree-
ment and with an Immediate right
of possession vested in the condl-'
tional vendee or lessee, or in thel
event a mortgagor of a vehicle Lei
entitled to possession, then such
conditional vendee or lessee' or
mortgagor shall be deemed the own-
er for the purpose of 'this chapter.
13. Pedestrian, Any'pereon afoot.
14. Police officer, Every officer
authorized to direct or regulate
traffic or to make arrests for viola.
tions of traffic regulations.
15. Private . road or driveway,
Every way or place in private own.
erahlp and used for vehicular traf-
fic by the owner and those having
express or implied permission from
the owner but not by other persons.
16. Railroad, A carrier of persons
or property upon can. other than
streetcars, operated upon station.
an' rails.
17. Railroad sign or signal, Any
sign, signal or device erected by
,authority of a public body or offi.
cial or by a railroad and intended
to give notice of the presence of
railroad tracks or the approach of
!a railroad train.
18. Railroad Train, A steam en-
gine, electric or other motor, with
or without can coupled thereto, op-
lerated upon rails, except streetcars.
19. Residence District, The terri-
tory continguous to and including
a street or highway not comprising
e business district when theprop-
erty thereon for a distance of 390
feet or more to in the main Im-
proved with residences or resi-
dences and buildings in use 'for
business,
20. Right ot way defined, The
privilege of the immediate useofthe street or highway.
21. Roedny, That portion of a
street or highway Improved, de-
signed or ordinarily used for ve-
hicular travel.
22. Safety rose, The zee or,
space officially set apart within a
roadway for the exclusive use of
pedestrians and which Is protected
or so marked or indicated by ade-
quate signs as to be plainly visible
at all times while set apart as a
safety zone.
23. School Bus, Every motor ve.
hide owned by a public or govern-
mental agency and operated for the
transportation of children to or
from school or privately owned. and
operatd for compensation for the
transportation of children to and
from echoy.
24. Sidewalk, That portion of a
street between the curb lines, or the
lateral lines of a roadway, and the
adjacent property lines intended
for the use of pedestrians.
25. Street or,M gkwsy, The entire
width between "'property Lines of
every way or place of whatever M-
w me use`01 theDubllc, as a natter
of right, for. purposes of vehicular
traffic.
26. Through Street or Highway,
Every street or highway or portion
thereof 'at the entrances to which'
vehicular traffic from intersecting,
streets or highways is reaulrad lw
as
[Si
or by which any person or -_.
tY is orproper.
drawn upon may street or hiihway,
except devices moved by human
power or used exclusively upon eta.
tionary rails or tracks.
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r
a 1Q_ NORTHWEST ARKANSAS TIMES,
Legal Notices— Legal Notices— Legal Notices— legal Notices —
shall operate a bicycle at a speed ante any vehicle in violation of fi
greater than is reasonable and pru- such markings, signs, barriers. or
dent under the conditions then other devices so placed in accord- im
existing. ance with this section.
SECTION VI. Emerging from Al. trafficCION X. Engineer Truck
Ro to . The to P
lay or Driveway. The operator of
a bicycle emerging from an alley, determine and designate streets, de
driveway, or building, shall, upon parts of streets or specific lanes le
approaching a sidewalk or the side- as truck routes and when so desig- na
walk area extending across the al- noted all such trucks shall use such th
ley -way, yield the right of way to rout" to the closest point of their S
all pedestrians approaching on said destination. For the purpose of this
sidewalk area; and upon entering ordinance the word truck" shall th
the roadway shall yield the right mean any vehicle designed or oper- th
of way to all vehicles approaching ated for the transportation of prop- co
on said roadway. erty. the body weight or combined v1
SECTION VII. Clinging to ye. body ads nd load
adoweight of which ex. O
hieles. No person riding upon any
bicycle shall attach the name or SECTION XI. Riding on Motor- liii
himself to any vehicle upon a road- cycles. A person operating a motor- sl
way, cycle shall ride only upon the per- an
SECTION VIII. Carrying Articles. "anent and regular scat attached
No person operating a bicycle shall thereto, and such operator shall of
carry any package, bundle or ar- not carry any other person, nor
ticle, which prevents the rider from shall any other person ride on a el
keeping at least one hand upon the motorcycle unless such motorcycle II
handle ban, is designed to carry more than a
SECTION IX. Parking. No person one parson, in which event a pass- tr
shall park a bicycle upon a street enger may ride upon the perma- M
other than upon the roadway nent and regular seat it designed ch
against the curb or upon the side- for two persons, or upon another h
walk in a rack to support the bicy- seat to the rear of the operator.
ale or against a building or at the SECTION XII. Boarding or
curb, in such manner as to afford Alighting from Vehicles. No per -
the least obstruction to pedestrian vehicle while son shall ome or alight is in motionny e
traffic.
SECTION X. Riding on Sidewalks. SECTION XNI. Unlawful Riding. of
No person shall ride a bicycle upon No person shall ride on any vehicle C
a sidewalk within a business dis- upon any portion thereof not de- r
trict. Whenever any person is rid- signed or intended for the use of as
ing a bicycle upon a sidewalk, such passengers. This provision shall th
person shall yield the right of way not apply to an employee engaged
to any pedestrian and shall give an in the necessary discharge of a O
audible signal before overtaking duty, as to persons riding within or
and passing such pedestrian. truck bodies in space intended for m
SECTION XI. Lamps and. Other merchandise.
Equipment an Bicycles. Every bi- SECTION XIV. Railroad Trains t
cycle when in use at nighttime not to Block Streets. It shall be un- h
shall be equipped with a lamp on lawful for the directing officer or Of
the front which shall emit a white operator of any railroad train to 1
light visible from a distance of at direct the operation of or to oper- tt
least five hundred feet to the front ate the same in such a manner as
and with a red reflector on the rear to prevent the use of any strepet for ski
from aof a ll distances shall from fiftyvisible
feet of timeelonSgeof travel for a er than five (5) minute veriod e
to three hundred feet to the rear SECTION XV. Driving Through
when directly In front of lawful Safety Zone Prohibited. No ve- n
upper beams of headlamps on a hide shall at any time be driven in
motor vehicle. A lamp emitting a through or within a safety cone. th
light to the rear may be used SECTION XVI. Throwing Things to
in addition to the red reflector. No on Streets. No person shall throw c
person shall operate a bicycle un- or place on any street any tacks, fl
less it is equipped with a bell or caulker ire, scrap metal, glass
other device capable of giving a y, sharp stones or other
signal for a distance of at least one substances injurious to the feet
hudred feet. except that a bicycle of persons or animals or to the a
shall not be equipped with nor tires of vehicles. Any person who e
shall any person use upon a bicycle has purposely or accidentally fl
any siren or whistle. Every bicycle dropped
itreet shall such
e clear
n
shall be equipped with a brakeimmediately a
.,,high will enable the operator to such street of the came. _ - le
fir
an
re
P4
License. No person shall operate
a motor vehicle upon the streets or
alleys of the City of Fayetteville
unless such person has a valid li-
cense eo an operator or chauffeur
__ —.......a )w +%a Inn nr the State
mess or mat
upon the t
first having
the proper
after set out
or any part
cruet an street
be used to hay
apse bottles, tin
e paper, loose
motor vehiele'not complying with
drop through or from me vemcie,
be
the following requirements as
The vehicle shall not loaded in
equipment:
such manner that any part of the
A. Signaling Devices: Every motor
load extends over and above the
vehicle shall be equipped with a
sidewalls of the truck bed. When
horn, directed forward, or whistle
the vehicle is being used for carry
in good working order, capable of
loose paper or other material that
emitting a sound adequate in quail-
may be blown from the load, a tar-
ty and volume to give warning of
paulin or screen cover of sufficient
the approach of such vehicle to
mesh shall be used to cover the
other were of the street and to pee
load to prevent its being blown
destrians. Such signaling device
from the vehicle while in motion.
shall be used for warning purposes
SECTION XVIII. Signs and Win.
only and shall not be used for mak-
dew Stickers. No person operating
ing unnecessary noise, and no oth-
a motor vehicle in the City shall
er sound -producing signaling de-
have affixed to the windshield or
vice shall be wed at any time,
any other windows thereof any
B. Brakes. All motor vehicles. ex-
sign, sticker, insignia, other ob-
cept motorcycles Shall be provided
struction or defect that limits visi.
at all times with two sets of ads•
bility except such sign, sticker or
quate brakes, kept in good working
insignia required by any law or
order, and motorcycles shall be pro-
regulation, federal, state or city,
Such sign, sticker or insignia when
vided with one set of adequate
required, shall be placed in the
brakes kept in good working or-
lower right-hand corner of the
der
C. Mireers: All motor vehicles
windshield or such place and in
whlcif are so constructed or loaded
such manner as not to obstruct the
that the driver cannot see the street
view of the driver. Provided that
behind such vehicle by looking or
stickers do not occupy more than
around the aide of such vehicle
five per cent of the glass area,
_._.. -.an. —.—.,...,
they may be affixed to the real
shall not be used and no ve- SECTION XIX. Blooming of
e shall be driven in each man- Lights. Every person operating a
or condition that excessive and motor' vehicle shall depress his
_. __,W -h_,1 ha ...awe headlights from a high beam to a
tion as to quiet exhaust note" In-
sofar as possible. Any cutout or
opening in the exhaust pipe be-
tween the motor and the muffler
on any motor vehicle shall be com-
pletely closed and disconnected
from its operating lever. and shall
be so arranged that it cannot auto-
matleally open. or be opened while
emh vahlnln I. in mntinn
a vemcle sung to
)ne-half hour after
-half hour before
It front and rear lh
I meet all the refit
Irate law.
• IV. Projection an
vehicles carrying I
lects which project r
rot from the rear of i
ill, during the pe
a are required by
ry a red light at or
nd of the pole or c
:ojectinR. At other t
or cloth not less
hes square shall be
he end of such lift
gineer Is 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 other places
as he may deem necessary.
B. To establish safety zones of
such kind and character and at
Such places as he may deem neces-
sary for the protection of pedes-
trians.
E. To mark traffic lanes upon the
roadway of any street where, 1n
his opinion, a regular alignment of
traffic is desirable.
SECTION VI. Traffic Engineer
May Establish Play Streets. The
Traffic Engineer may declare any
street or part thereof a play street.
no person shall drive a vehicle
upon any such street or portion
thereof, except driven of vehicles
having business or whose resi-
dences are within such area, and
then any such driver shall exer-
cise the greatest care. The Traffic
Engineer shall appropriately mark
alt such streets or parts of streets.
SECTION VII. Authority to Sign
One -Way Streets and Alley. The
Traffic Engineer is hereby author -
one -way streets one alleys one sne
Traffic Engineer shall place and
maintain signs giving notice there.
of. and no such regulations shall
be effective unless such signs are
in place. Signs Indicating the direc-
tion of lawful traffic movement
shall be placed at every intersec-
tion where movement of traffic in
the opposite direction is prohibited.
SECTION VIII. One -Way Streets
and Alloys. Upon those streets and
parts of streets and in those al-
leys designated one-way, vehicular
traffic shall move only in the in-
dicated direction when signs in-
dicating same are duly placed.
SECTION IX. Authority to Re-
strict Direction of Movement on
Streets During Certain Periods.
The Traffic Engineer is authorized
to determine and designate streets,
period of the day and the op -
direction during another pe-
of the day, and shall place
maintain appropriate mark -
signs, barriers. or other de -
to give notice thereof. The
Ic Engineer may erect signs
orarily designating lanes to
aed by traffic moving in a par-
r direction. regardless of the
'nine of the roadway. It shall
nlawful for any person to op-
I ♦ q v
v
.,al, VC.uu. ally IL CC, au, uu, uv
flower, or other form of vegeta
to grow within twenty-five fee
the intersection of the curb line
two intersecting streets to a he
In excess of three (3) feet above
lowest grade of two interest
streets. Provided, however,
trees now growing in such pl:
may grow above said height if the
ned to the minimum
feet.
:I. Unattended Motor
arson driving or in
for vehicle shall per -
unattended without
the engine, locking
d removing the key,
a
to )ail not .to exceed ninety
90) days, or both such fine and
prisonment.
ARTICLE XI. PENALTIES AND
ROCRDURI ON ARREST.
SECTION I. Penalty. It Is a mis-
meanor for any person to vlo-
to any provisions of this Ordl-
nce unless such violation is by
L Ordinance or other law of this
fate declared to be a felony.
A. Unless another penalty Is in
L Ordinance or by the laws of
L State. provided, every person
nvicted of a misdemeanor far the
elation of any provision of this
rdinance shall be punished by a
ins of not more than $500.00 or by
,prlsonment for not more than
x months or by both such fine
d imprisonment.
SECTION II. Forms and Records
Traffic Citations and Arrests.
The City shall provide books to In.
ude traffic citation forms for no-'
lying alleged violators to appear
answer to charges of violating,
attic laws and Ordinances in the
uniclpal Court. The officer in
arge of traffic shall issue such
books for the Chief of Police or
is duly authorized agent and shall
maintain a record of every book an
Issued. The Chief of Police shall
e responsible for the issuance of
ch books to individual members
the Police Department. The
hief of Police shall maintain a
of every such book and
ch set of citations contained
¢rein.
SECTION III -Procedure of Pellet
Nicene Except when authorized
directed under state law to fm-
edlately take a person before a
Magistrate for the violation of any
nffle laws, a police officer who
aIts a person for such violation
her than for the purpose of glv-
ng him a warning or warning no-
ce and who does not take such
De non into custody under arrest,
hall take the name, address, the
gistration number of the motor
chicle involved, and such other
pertinent information as may be
ecessary, and shall issue to him
writing on a farm provided by
he City a traffic citation con -
thing a notice to answer to the
harge against him in the Muriel.
Court at a time to be speci-
ed in said citation.
SECTION IV, Disposition of Re.
cords of Traffic Citations, Warrants
nd Complaints. The following rules
hall govern the disposition of treb
c records:
A. Every police officer upon Is -
tine a traffic citation to an al.
any traffic on
t the original
spy of the cita
n of the Chief
hall cause the I
'¢red to the Mt
Said duplicate a
records section
or by payment of a :
tic Violation Sure&,
et.
The Chief of Police
stain or cause to be
n connection with. e
Itatlon issued by a r
Police Department a
disposition of the
Municipal Court - or
alter, or
or any co
of the Iwr
any vtraf
Or warm
access Al
records,
Municlpe
lations E
partmenl
SECTII
tion Slu
Complah
of citatic
attended upon any bridge, viaduct It
or causeway or in any tunnel
where such vehicle constitutes an S
obstruction to traffic.
B. When a vehicle upon a high- t:
way is so disabled as to constitute al
an obstruction to traffic and the yp
person or persons in charge of the b
vehicle are by reason of physical r
Injury incapacitated to such an ex-
tent as to be unable to provide for s
Its custody or removal. u
C. When any vehicle Is left tin. 0
attended upon a street and is so v
parked illegally as to constitute a a
definite hazard or obstruction to a
the normal movement of traffic: h
when any vehicle is left continue I
ously and unattended upon any a
street for a period of more than a
forty-eight (48) hours: and any c
time a vehicle is Perked in a pro- a
hibited area that is so designated
by signs or other official markings. a
D. Whenever the Police Depart- I
ment removes a vehicle from a I
street under this section and does
not know and is not able to aster- d
fain from the registration records
in the vehicle, the name and ad- t
dress of the owner thereof, such (
Police Department shall immedi. I
ately give or cause to be given no- t
tice in writing to such owner of e
the fact of such removal and the
reasons therefor and of the place a
to which such vehicle has been t
removed.
E. Whenever the Police Deport-
ment moves a vehicle from a street 7
under this section and does not I
know and is not able to ascertain I
the name of the owner, or for any I
other reason is unable to give the f
notice to the owner as hereinabove
provided, and in the event the ve- I
hlcle U not returned to the owner
within a period of three (3) days, I
written report of such removal to
the State Department whose duty
it is to register motor vehicles.
Such notice shall include a com-
plete description of the vehicle.
the date, time and place from
which removed, the reasons for
such removal, the name of the gar.
age or place where the vehicle is
stored.
ARTICLE XII. REPEAL, SEVER -
ABILITY AND EMERGENCY PRO-
VISIONS.
SECTION 1. All ordinance, sec-
tions and/or parts of ordinances
in conflict herewith are hereby re-
pealed.
SECTION It. The repeal provided
for in Section I hereof shall not
affect any ordinance regulating I
traffic on specific streets, such as
ordinances establishing one-way
Police shall also cal of
to be maintained Attract
arrants issued by ards e
art on said traf- ville.
and of -
member
or other
e to dis•
a traffic
of. or the
any person to ca
e cancellation of
Lion In any mac
as provided in this
VI. Audit at Race
. Every record of 1
to
eau, and the Police
VII. When Copy of 1
be Deem a La
In the event the I
e, prohibitions or limire.
esignating stop interact -
td through streets, and
utes and shall not affect
:e No. 1207, passed June 23.
amended by Ordinances No.
y 9. 19W) and 1292 (March
DN M. The repeal of or -
conflicting herewith shall
:t the prosecution or pun -
of any person for any vlo-
such reled ordinances.
ON IV. The City Council
declares that, should any
paragraph, or sentence or
this ordinance or of the
e hereby adopted be de-
ar any reason invalid, it
%tent of the City Council
would have passed all
ortions of this ordinance
lent of the elimination
i of any portion as may be
nerved and more comDre-
traffic laws will materially
such traffic hazards. There -
emergency is declared to
nd this ordinance being nec-
for the preservation of the
peace, health and safety,
fe in full force and effect
nd after its passage and ap-
;ED AND APPROVED THIS
. of June- 1965.
APPROVED:
GUY E. BROWN. MAYOR
T•
;E J. DAVIS. CTIY CLERK
or when standing upon any per-
information and is sworn to as re-
^raallan, Mail a"a" w< "cawu a"a
as a new and original
ceptible grade without effectively
quired under the general laws of
considered
comprehensive ordinance which
setting the brake thereon and turn-
the State in respect to a com-
shall supersede all other general
tag the front wheels to the curb
plaint charging commission of the
and permanent ordinances passed
or side of the highway,
offense alleged In said citation to
by the City Council on or before
SECTION XXII. Clinging to Ye.
have been committed, then such
September 14. 1965, to the extent
hieles. No person riding upon any
citation when filed with the Muni-
bicycle. coaster, roller skates. sled
cipal Court shall be deemed to be
provided in Section 2 hereof, and
or toy vehicle shall attach the same
a lawful complaint for the purpose
shall supersede Ordinance No. 1447,
or himself to any vehicle upon a
of prosecution under this Ordl-
adopted June 7, 1963. which with
roadway.
once,
editorial modifications Is made a
SECTION XXIII. Used Car Deal.
SECTION VIII. Citation of to..
part of Chapter 19 of the Code of
er Regulations. All automobile
gaily Parked Vehicle. Whenever any
Ordinances,
dealers in the City of Fayetteville
motor vehicle without driver is
SECTION II. That all provisions
are required to furnish to the Po-
found parked or stopped in viola-
of such Code shall be in full force
lice Department a list of all used
tion of any of the restrictions im.
and effect from and after the
cars sold by the dealer, setting
posed by this Ordinance. the offs-
sixth day of August, 1965. and all
forth such information as Is ore-
cer finding the vehicle shall take
ordinances of a general and perma-
a
give a fictitious adores: wren of
ing a car registered, shall be gut
of a misdemeanor.
SECTION XXV. Carage Keepi
to Report Damaged Vehicles. T
person in charge of any garage
repair shop to Fayetteville
which is brought any motor t
hicle which shows evidence of hi
ing been involved in a serious a
cident or struck by any bull
shall report same to the Police I
partment within twenty-four
hours after such motor vehicle
received. giving the engine nu
her, registration number and I
name and address of the owner
operator of such vehicle.
SECTION XXVI. Avoiding Arre
It shall be unlawful for any pen
to turn off any lights on a mq'
vehicle for the purpose of eve
erected indicating a zone or quiet.
no person operating a motor ve-
hicle within any such zone shall
sound the horn or other warning
device of said vehicle except in an
emergency.
SECTION XXVIII. Driving
Through Filling Stations. It shall
be unlawful for any person, after
having driven a motor vehicle into
any filling station where gasoline
is sold in this City, to leave same
without having first brought the
said vehicle.to a full stop.
SECTION XXVIX. Passing School
Bus.
A. When any school bus vehicle
stops, every operator of a motor
vehicle or motorcycle approaching
the same from any direction shall
bring such motor vehicle to a full
stop before proceeding in any di-
rection: and in the event such
school bus vehicle is receiving and.
/or discharging passengers, the
said operator of such motor vehicle
or motorcycle shall not start up or.
attempt to pass in any direction un-
til said school bus vehicle has fin-
ished receiving and/or discharging
its passengers.
B. Any person who violates this
section shall, upon conviction there-
of, be guilty of a misdemeanor, and
shall he fined not less than ten dol-
inn (S10.IXn nor more . than five
hundred dollars (5500.03) or con -
registration number and may neat nature of the CRY of Fayette-
ie any other information dis- ville, enacted on final passage on
eyed on the vehicle which may or before September 14. 1964. and
entity its user, and shall con- not included in Such Code or recog-
icuously affix to such vehicle a cited and continued In force by
iffle citation, on a form provided reference therein are hereby re -
the City, for the driver or' reg- pealed from and after the sixth day
¢red owner to answer the charge of August. 1965, except as herein-
ainst him during the hours and after provided. No resolution of
a place specified in the citation. the City, not specifically men -
SECTION IX. When Warrant to tioned. is hereby repealed.
• Issued. In the event any person SECTION III. That the repeal
iis to compile with a traffic cite- provided for in Section 2 hereof
,n given to him or attached to shall not effect any of the follow -
vehicle belonging to him or falls ing:
make appearance pursuant to a (1) Any offense or act committed
mmons directing an appearance or done or any penalty or for -
Municipal Court, or if any per. felture Incurred or any contract or
n falls or refuses to deposit ball right established or accruing before
required and within the time the effective date of such Code.
rmitted by ordinance, the clerk (2) Any ordinance promising or
the Municipal Court shall se- guaranteeing the payment of money
re and issue a warrant for his for the City, or authorizing the iS-
rest. sconce of any bonds of the City, or
SECTION X. Record of Traffic any evidence of the City's Indebt-
asas, Report of Correlation to edness.
Ste Department of Motor •VMI- (3) Any contract or obligation as-
h. The Municipal Court shall sumby by the City,
cop or cause to be kept a record (4) Any right or franchise granted
reserves to saw noun, ono onau
cep a record of every official ac-
tion by said Court in reference
thereto, Including but not limited
to a record of every conviction.
forfeiture of the amount of fine or
forfeiture resulting from ball, judg-
ment of acquittal, and that every
said traffic complaint or citation
deposited with or presented to said
Court. The Municipal Court shall
make reports to the State Depart-
ment of Revenue, Driven License
Registration Burau in accordance
with State Law,
SECTION XI. Disposition of Traf.
fit Fines and Ferlelturn. All fine
of forfeiture collected upon con-
viction or upon the forfeiture of
ball of any person charged with a -
violation of any of the provisions
of this chapter shall be paid over
to the City Treasurer In accordance
with the procedure established by
State Law.
SECTION XII. Authority to Im-
pound Vehicles. The Police Depart-
ment is hereby authorized to re-
move a vehicle from a street or
highway to the nearest garage or
other place of safety. or to a gar-
age designated or -maintained by
the Police Department, otherwise
maintained by' the City under the
circumstances hereinafter enum
erated:
A. When any vehicle Is left un-i
D
ancauua, uVouVa
ing, vacating etc., any stree public way in the City.
(6) Any ordinance creatln]
otherwise relating to any v
sewer or other Improvement
trier.
(7) Any appropriation ordlr
or ordinance providing for
levy of taxes or for an el
budget.
(8) Any ordinance regul
traffic on specific aetreete, aw
ordinances establishing one
streets, prescribing parking re
tfons, prohibitions or Ilmlta
designating stop intersections
through streets, etc.
(9) Any ordinance annexing
rltory to the City or dhcontll
territory as a part of the Cltl
10) Ordinance No. 932 crest
civil service commission foe
police and fire departments.
(Ii) Ordinance No. 1239, bath
Zoning Ordinance, and amend[
thereto, and ordinances amea
the zoning map or accepting
approving revised tuning mapp
(12 Ordinance No. 1278- k
as the "Drake Field Airport
Ing Ordinance."
(13) Ordinance No. 1245; ca
tuttng the subdivision reguls'
and amendments.. thereto.
(U) Any ordinance dedtcall,
accepting any plat or subdi
.
.3.