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HomeMy WebLinkAbout1965-06-07 Minutes39? channel of said river in a Southeasterly direction to the mouth.of the West Fork of White River, thence up the West Fork of White River to the South line of said 80 acre tract, thence West with said line to the plsaceof beginning, contain- ing13 J acres, more or less,. The Northwest Quarter of the Northeast Quarter, and all that part of the Northeast Quarter of the Northeast Quarter lying and being West of the West Fork of White River, Containing three (3) acres, more or less, and the North Half of the Northwest Quarter, all in Section 179 less and except 3J acres, more or less, sold to James A. Merdeith, described as: Beginning at a point on the North line of said Northwest Quarter of the North- west Quarter of the Middle of the Wyman Road 660 feet Bast of the Northwest corner of the said 40 acre tract, and running thence South 260 feet, thence East to the Baldwin -Wyman Road, thence in a Northerly direction with the said Baldwin Wyman Road to the middle of the Wyman Road; thence West with the Wyman Road to the place of beginning, containing three and one-half acres, more or less. All of the above described land being in Township 16 North, or Range 29 West. The plaintiffj6 appeared in person and by their attorneys, James R. Hale and Rex W. Perkins. The endant City of Fayetteville, Arkansas, and Municipal Corporation, appeared by its attorneys, William Putman and Hugh R. Kincaid. Whereupon all parties announced ready for trial, and a jury composed of lve (12) members of the regular panel of petit Jurors of thes court were duly selected, impaneled, ®worn, according to law to try the issues of fact herein. After having heard the evidence intro - ed, the instructions by the court, and argument of counsel, said jury retired to deliberate, and hav iberated thereon returned into court the following verdict: IlWe the jury find the plaintiffs and -fix their just compensation at sum of $2,000.00. (s) Tom McCoy (s) Perry L. Rushing (s) Gerald Neal (s) Martha Harp (a) William E. Carter (s) Al S. Wilkins (s) Henry Taylor (s) Sloan B. Parker IT IS THEREFORE, BY THE CO(R7 8QNAIDEBP9n0RDERED AND ADJUDGED that the plaintiffs, Harvey E. Board and Ethel L. Board, do have and recover of a foom the defendant, City of Fayetteville, Arkansas, a Municipal corporation, the sum of $2,000.00 and all their cost herein expended for all of which execution I issue* - (s) Maupin Cummings, Circuit Judge PPROVED: • - (s) James R. Hale being -no further business, Alderman Heflin moved to adjourn, tioheil" seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the ,i, a•. FWf a APPROVED* GUY E* FROWN, MAYOR The City Council of Fayetteville, Arkansas, met in regular session on Monday. -June 7, 1965, at 7:30 P.M. in the Council Room in the City Administration Building. Present: Mayor Guy E; Brown, City Clerk George J. Davis, City Controller Albert J. Jones, City Attorney Hugh Kincaid, City Engineer W. C. Smith, Chief of Police Hollis Spencer, Fire Chief Burl Skelton, and Aldermen: Heflin, Christie, Watson, Thomas, Burgin, Faucette, and Short. Absent: Alderman Garland Wheeler:. The minutes of the regular meetiAg on Monday, May 24, 1965, a copy of which had previously been mailed to each of the Aldermen, were approved as written, Alderman. Burgin read a letter of resignation from the City Council by Garland Wheeler and -Alderman Burg Resignation then moved to accept the resignation of Garland Wheeler as an Alderman from Ward 2 and that the Council of Alderman appoing•Wells Bone to the vacancy as an Alderman from Ward 2. Wheeler. The motion was seconded by Alderman Faucette and passed unanimously. Mr. Bone then•took his seat with the other members of the council. Alderman Short moved to adopt a resolution commending Alderman Wheeler for his co-operation and untiring Fu::7effortsaa member of the City Council. 9-65 The motion was seconded by Alderman Heflin and passed unanimously. Whereupon, the Mayor declared the resoiAtion adopted. RESOL®TION N0. 9-65 WHEREAS, Alderman Garland Wheeler,is retiring from the City Council and all activities connectbd with the City Government, and WHEREAS, Garland Wheeler has served as ah Alderman from Ward 2 during the period from November 20, 1961, to June 7, 1965. WHEREAS, By his cooperation and untiring efforts, together with the other officials of the City Government, he has, in the completion of the new Police Facilities Building, A new Central Fire Station, and two Wing Fire Stations, as well as many othr lesser pro- bects, he has helped to make the City of Fayetteville, Arkansas a better place to live thereby erecting a permanent monument to himself and his posterity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That a vote of appreciation by the City Council be extended to G#rland Wheeler as a retiring member of the City Government of Fayetteville, Arkansas, Section 2. That a copy of this resolhtion be mailed to him and that this resolution be spread in the minutes as a permanent record in theTRROCEDURE OF THE CITY COUNCIL. RESOLUTION NO. 9-65 cont. PASSED AND APPROVED THIS STH DAY OF June, 1965.. Attest: APPROVED:. r Guq E. rown,Mayor George J. Avii4Xity Clerk The City Planner presented the final plat for a proposed subdivision by Bill Graue to be known as the Lee Addition to the City of Fayetteville, Arkansas. After a brief discussion Accept Lee Alderman Christie moved that the City.Clerk be -authorized to execute a.subdivider's contract ddition with V.W. Graue and Mildred Graue, husband and wife, for a subdivision to be known as the .zes subdivkder Lee Addition to the City of Fayetteville, Arkansas. :ontract I The motion was seconded by Alderman Heflin, and passed unanimously . The City Attorney then introduced and,at the request of theCouncil, read a proposed ordinance in its entirety entitled , " AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS 1446 ALLEYS, AND EASEMENTS IN LEE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS." Alderman Christie moved that the ordinance pass. the motion was seconded by Alderman Short and paseed unanimously, whereupon the Mayor declared the ordinance passed. Authorize r Portion Oak Addition �A-utth�o-rrizzee Coni tract for sewer Bids on $ewer Line ORDINANCE N0, 1446 AN ORDINANCE TO ACCEPT AND CONFIRM THE DEDICATION OF ALL STREETS, ALLEYS, AND EASEMENTS IN LEE ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS.. WHEREAS, there has been duly presented to the City Cbuncil of the City of Fayetteville, Arkansas, a plat dated ,1965 known as Lee Addition to the City of Fayetteville, aArkansas, wherein the owheirs'have dedicated for'the public use, the streets, alleys, and'ease- ments shown up6n said plat; and WHEREAS, the City Manning Commission of the City of Fayetteville, Arkansas, has re- commended the acceptance'of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION L. That the City of Fayetteville. Arkansas, hereby accepts and confirms the dedi- cation of the Lee Addition to the City'of Fayetteville, Arkansas, and hereby declares said streets, alleys, and easements to be public streets, alleys, and easements to be public streets, alleys, and eassments, and the said City Council hereby assumes the care, control, and jurisdiction of same. SECTION 2. That this Ordinance shall be in force and effect from and after its passage approval, and publicatioh. PASSED AND APPROVED thisq of ,1965; APPROVED: ' I Alderman Short then moved that the City Clerk be and he is hereby authorized to execute a Release Deed for a portion of Oakland -Hill Addition to the City of Fayetteville, Arkansas more particularly described as follows: Block 1; Block 2; Block 3; Block 7; Lots 1,20, and 4 of Block4; Lots 1,2,3,4,5,6, 7,6 and 9 of Block B; and Lots1,2,3,4,5,6,7,8,9,10,11 and 12 of Block 6; all being in Oakland -Hill Addition to the'City of Fayetteville, Arkansas, as per plat of said addition recorded in the office of the Circuit Clerk and Ex -officio Recorder of Washington County, Arkansas, said property being owned by W.C. Rogers and Cleada Rogers, husband and wife. The motion was seconded by Alderman Burgin and passed unanimously. Alderman Christie read a letter from consulting Engineer J.E. McClelland giioting the bids on a proposed sewer to serve the new school area located on the old Farmington Road at Sang Avenue. Mr. McClelland recom-medded the low bid which was by Northsilde Construction Company,Fort Smith Arkansas in the amount of $27,327.85. After a brief' discussion Alderman Christie moved to accept the recommendation of Consulting Engineer J.E. McClelland and award the contract to North Side Construction Company, Fort Smith, Arkansas, upon approval of the Contract and Performance Bond by the consulting Engineer and evidence of proper insurance, and that the Mayor and City Clerk be and they are hereby author- ized to execute the contract. Motion seconded by Alderman Heflin and passed unanimously. Copy of.letter and bids from Consulting Engineer J.E. McClelland: Hon.Mayor Guy E. Brown & City Council City of Fayetteville Fayetteville,Arkansas June 7, 1965 :93 hese of tation on pment: in- se of on Gentlemen: Bids were received Friday,June 4, i965 for the construction of the proposed sewer to serve the new school area located on the Old Farmington Road at Sang Avenue. Bids received follow: North Side Construction Co., Ft. Smith, Ark. $27027.85 Foregren, Inc.,Ft. Smith, Arkansas 31,762,88 Clyde A. Hones, Inc., Ft. Smith, Arkansas 32,594.60 Tune Cpnstruction Co.,Inc., F07etteville,Arkansas 33,138.75 All bids have been examined and all appear to be in good order. It is recommended that this contract be awarded to North Side Construction Co., Ft. Smith, Arkansas, the low bidder, and that this company be instructed to commence operations as soon as materials can be received. The Contract executed, and the Cert. of Insurance and Performance Bond are furnished to the eilty.of . ' (a) Very truly yours, J. E. McClelland JEM:ts Alderman Heflin reported that the Sanitation Committee had received and opened bids for all the Sanitation equipment and that they recommended that the low bids be accepted on all sanitation equip- ment insofar as they met the required specifications. Alderman Heflin then read the bids for all the equipment, and reported that the. Sanitation Committee had recommended the purchase of 8 one-half ton Four-wheel drive pick-ups at $17,965,68 each, 2 27,000 G.v.W. Truck Chassis 0 11,173.96 each, 1 23,000 G.V.W. Truck with Flat Bed Dump Body @ 4,169.95, and 1 27,000 G.V.W. Truck Chassis @ 5,366.73# 2 Allison Automatic Transmissions 11 1600.00 each. After a long discussion Alderman Heflin moved to accept the recommendation of the Sanitation Committee and purchase the equipment for a Sanitation Department according.to the bids as follows: 8 J ton Four Wheel Drive Pickups from Lewis Ford Sales, Inc.; @$17,965.68 2 27,000 G.V.W. Truck Chassis from Whitfield Motor Co.', @ 11,173.96# 2 Allison Automatic Transmissions from Whitfield Mobor Co., @ 19600.00 -@N:h, 1 23,000 G.V.W.,Truck with Flat Bed Dump Body from Lewis Ford Sales, Inc., @ 4,169.95 1 27,000 G.V.W Truck Chassis from Whitfield Motor Co., @ 5066.73 Total Cost of all of the Sanitation equipment $85,254.68, The motion was seconded by Alderman Short and passed unanimously. Sanitation a uient bids June 1, 1965 Whitfield Houston Taylor Lewis Ford Green Chev. Willis Sales Description Motor Co. Motor Company Sales Co. Co.,Inc., & Dist. Col 8 iton Four Wheel drive pick-ups $18,798'924 182900.00 17,965068✓ 179284.96 2 272000 G.V.W Truck Chassis 11,173.9(? 11,400.Q0 129849.48 -O- Alternate Bid 2 Allison Automatic Transmissimns 1,600.00%' -0- 19167.00 -0- 1 23,000 G.V.W. Truck with Flat BeddDump Body 49560.36 4,037.71 49169.95 4,458.12 1 272000 G.V.W. Truck Chassis 5066.73 -0- 5,702,27 -0- 18 5 cu. yd. Refuse Trailer Units 9,768.24 8 3 cu, yd. Refuse Containers 3,648.08 2 Refuse Tender - Loader Bodies 20,670.00 1 Power operated leaf and ddbris body 11,805.00 i Total low bids (2) $ 85,254.68 Delivery Date (Calendar days) 45 60-100 30 30 45-60 Alderman Heflin reported that the City Engineer had recommended the following items or regulations to be required, in construction of an incinerator for City Sanitation Department. i.e. Ftems unanswered on Refuse Burner. 1. Concrete Footings'to extend 12 inches below frost line. 2. Complete set of plans. 3. Wind design load --(100 MPH straight wind) 4. Tall Burner section adequately grounded. 5. Licensed Engr. to be responsible for Plans and supervision of construction. 6. Complete within 90 days after report of order. After a long discussion Alderman Heflin moved to purchase the incinerator(Rsdu6e Burner) 'for the Sani- tation Department from the Industrial Blow Pipe Co..at a total cost of $81,145.00 subject to the re- gulation of the City Engineer as outlined above, to be completed within a period of not more than 90 dad from the dage of'receipt of the order and that the . Mayor and City Clerk be and'they are hereby author- ized to execute the contract subject to the approval of the contract and performance bodd by the city Attorney and City Engineer and evidence of proper insurance. The motion seconded.by Alderman Short and passed unanimously. BIDS Industrial Blow Pipe Co. $81,145.00= Plus all State Sales Taxes and Federal Excise Taxes R.W. Manufacturing Co. 73,600,00- Complete Recommendation of Alderman Heflin reported that the Park Committee had recommended that where a group such as a Sunday park cormttee School Class,Scout Troop, etc., wished to use the city Swimming Pool, the charge would be 25¢ each for Adults and 20¢ each for Children.. No further action was taken. Alderman Burgin reported that the Ordinance Committee had recommended the passage of the Proposed traffic ordinance which was discussed at the last regular meeting of the Council on May 24, 1965, subject to a Traffic Ordinance few changes which were read and explained by the City Attorney. No. 1447 The City Attorney then read a proposed ordinance in its entirety entitled,"AN ORDINANCE REGULATING TRAFFI UPON THE PUBLIC STREETS OF THE CITY OF FAYETTEVILLE, ARKANSAS;PROVIDING,MALTIES FOR VIOLATIONS; AND FOR OTHER BURPOSES.° ; Alderman Burgin then moved that the ordinance pass. IThe motion was seconded by Alderman Short and passed unanimously, whereupon the Mayor declared the ordinance passed. Alderman Burgin then moved that the emergency clause be adopted. The motion was seconded by AldermanOHDTANe,rLnHOpas4447u4animously, whereupon the Mayor declared the (emergency clause adopted. ORDINANCE N0, 1447 Ordinance No. 1447 AN ORDINANCE REGULATING TRAFFIC UPONITHE PUBLIC STREETS OF THE CITY OF FAYETTEVI=u ARKANSAS:PROVIDING PENALTIES FOR VIOLATIONS; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO -WIT: ARTICLE I. WORDS AND PHRASES DEFINED SECTION 1. 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: 71. Authorized emergency vehicle, Vehicles of the fire department, police vehicles, 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. 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. f 4. Crosswalk, That portion of a roadway ordinarily included within theprolongation or connection of the lateral lines of sidewalks at intersections and any portion of a roadway 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 wbtblh the prolongation or conneetion 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, Ianed Roadway, A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic. 8. Motobcycla.. 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 prppelled by electric power obtained from 'overhead trolley wires 3 but not operated upon rails. 10. Official traffic control devices, All signs, signals, markings and devices not inconsistent with this chapter plated or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. 11. Official trafficacontrol 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 or a vehicle is entitled to possession then such conditional bendee 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. Privaterroad or driveway, Every way or place in private ownership and used for vehicnimar teaffic by the owner and those having express or implied permission from the owner bgt hgt by bthevwpersc 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 noticeeof the presence of railroad tracks or the approa 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 highway not com- prising a business diatrict when the property thereon for a distance of 300 feet 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 pvvtion of a street or highway improved, designed or ordinarily used for vehicular travel. 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 for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to and from ebhool. 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 pedhstrians. 25. Street or Highway. The entire width between property lines of every way or place of whatever natire when any part thereof is open to the use of the public,gs a matter of right:p for purposes of vehicular traffic. 26. Through Street or Highway. Every street or highway or portion bfereof at the enteances 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 provided in this chapter. 27. Traffic. Pedestrians,, ridden or herded animals, vehicles and other conveyances, either single or together, whicle while using any street tmdt>ffthnay 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 stationax rails or tracks. ARTICLE II. ADMINISTRATION AND ENFORCEMENT OrdinancelNo. 1447 SECTION I. Police Administration. The Pbiice Department shall enforce the traffic regulations of t 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 mea 66 improve traffic conditions. SECTION II. Traffic Engineer. The Traffic Engineer shall be a qualified engineer and shall be app 'C by the Mayor, an& approved by the City Council. It shall be his duty to determine the installation and proper timing and maintenance of traffic control devices, and to ganduct engineering investiga of traffic on the streets and highways of this City., to determine and designate streets, parts of officials -in the developement of ways and means to improve t additional powers and duties as may be imposed by ordinance. , and to carry out such 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 lawasof which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such redords shall be maintained as to show types of violations and the total ofaall such alleged offinses. 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 violatio 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 report shall be public records. SECTION IV. Traffic=+sent Studies. Whenever the accidents at any particular location become numbaohai 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 reportb or cards referring to them shall be filed alphabetically by location: Such reports shall be available for the use of 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 also shall attempt to discove the reasons therefor, and shall take whatever 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 perio of five years. 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 in- formation on traffic matters, including the following: (a) The number of traffic aEtidents, the number of persons killed, number of persons killed, number of persons injured, and otherpertinent traffic data. (b) The number of traffic accidents investigated and otherpertinenb data on the safety activit of the Pmlice. ' (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 emforce temporary or experimental regulations to cover emergencies war special condi The Traffic Engineer may test traffic control devices that are under actual conditions of traffic. SECTION IX. Authority of Police and.S+re Department Officials. It ahall be the duty of the officers of the Police Department or such offices as are assigned by theChief of Police to enforce all street traffic laws of this City and all of the state Vehicle laws applicable to street traffic in this Cit; Officers of the Police Department or such officers As are assigned by'the CheiC of'Police are hereby authorized to direct all traffic by t&tce, hand, or signal in conformance with the'traffic laws. Pro• vided, however, that the event of a fire or other emergency or to expedite traffic or to dafeguard pedestrians, officers of the.Police Department may direct (traffic as conditions may require, notwithstanding the provisions of the traffic regualtions. Officers of the Fire Department, when at the scene of a fire, may direct or assist the P611ce in directing traffic thereat,'or in the immedial vicinity. SECTION X. Obediehce to Pol or refuse to comply with any ,apartment' Officials. No person shall willfully f ail to or direction of a police offider or Fire Department Off SECTION XI. Persons Propelling Pushcarts or Riding Animals to Obey.Traffic hereby granted to az Regulations. Every person propelling any pushcart or sliding any animal upon a roadway and every person diving any a drawn vehicle, shall be subject vehicle is equipped with at least one lighted to the provisions of the Ordinance insofar as applicable. SECTION XII. Use of Coasters, Roller Skates and Similar Devices Restricted. No Persbn upon roller skates or riding in or vy-means of any coaster4 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 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. 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, anditt shall'be unlawful for any said driver to violate any of the pro- visions of this ordinance. SECTION XIV. Exemptions to Authorized Emerganey 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, amy exercise the following privileges, but'subject to the conditions herein stated: �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 stowing down as may be necessary for safe operation. I' (b), Exceed the speed limits so long as he does not endangerllife or property. (d) Disregard regulations governing direction of'movement of truning in specified direction. SECTION XV. Limitation on Authorized Emergency Vehicles. The exemptions hereby granted to az 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 f X9"71 SECTION XV. Cont. lamp displaying a red light visible under normal atmospheric conditions from a dis- tance of five hundred feet to the front of such vehicle. Provided, however, that an authorized emergency No. 1447 vehicle operated as a police vehicle needhnot be equipped with or display a red light visible from in front of the vehicle. The foregoing provisions shall not relieve the driver of an authorized e0ergency I ehicle from the duty to drive with die regard for the safety of all persons, nor shall such provisions prc tact the driver from the consequences of any reckless disregard on his part for the safety of others. i 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 andemergency vehicle, and when the driver is giving audible signal by siren, exhause whietle,or bell, the driver of every other vehicle shall yield the right of way and shall immediately dive to a position parallel to, and as close as possible to, the right-hand edge or curb of the raodway 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. TION XVII. gmmediate Notice of Accident. The driver of a vehicle involved in an accident resulting injury to or death of any person or.peoperty damage to an apparbnt extent of ($50.00) or more, shall ediately, by the quickest means of comnunication, give notice of such accident to the Police Department ;CTION XVIII. Written Reports of Acciaents. The driver of a vehicle which is in any manner involved L an accident resulting in bodiiliginjury to.or death of any person or total property.damage to an )parent extent of fifty dollars($50000) or more, shall, within five (5) days after such accident, forward written report of such accident to the Police Ddg¢rtment, or a copy of any report he is required to for- d to the state. The provisions of this section shall not be applicable when the accident has been in- stigated at the scene by the Police Office whilh%such driver was present thereat. TION XIX. When Driver unable to Report. Whenever the driver of a vehicle is physically uncapable giving immediate notice of an accident as required herein and there is another occupant in the icle at the time of the accident capagle of doing soli such occupant shall give, or cause to be given, notice herein required. Whenever the driver is physically incapable of making a written report an accident as in herein required and such driver is not the owner of the vehicle, then the owner of vheicle inbolved in such accident shall, within five (5) days after learning of the accident make h report -not made by the driver. . BION XX. Leaving the Scene of An Accident. No person driving a vehicle, knowing that an injury bbeen caused to a person or damage has been caused to apperson or damage has been caused to property sing out of the operation of said vehicle, shall leave the place of said injury, damage or accident hout stopping and giving his name, residence, including city and street number, motor vehicle number chauffeur's or registered operator's number, if any, to the injured party or to the.police officer, 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 theCCity to traffic, when such street is being improved, repaired or otherwise worked upon. When any street is so closed to traffic, such fact shall be indicated by apporpriate signs, barricades or markings, and the Fire Chief, and Chief of Police shall be promptly notified of the Streets,involved. (b) No person other than the Traffic Engineer or his duly authorized representatives shall erect any sign or barricade or marking indicating that is a street closed to traffic, without prior written consent of the Traffic Engineer. (c) When any street has been lawfully closed to traffic, and whnnssuch fact is indicated as 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. VION I. Installation and Maintenance Generally: Conformitv with State Manuals and Specifications. Traffic Engineer shall cause place and maintain such traffic control devices to be placed and maintain upon streets in the City as may be necessary to indicate and to carry out the provisions of this chapte: to regulate, warn,or guide traffic. All such traffic control devices shall conform to the state manual 1 specifications. All traffic control signals on streets designated state or Federal Highways shall have . details approved by the Arkansas Highway Department, TION II. Obedience to Devices. No driver of a vehicle shall disobey the instructions of any official .ffic control device placed in accordance with the provisions of this chapter, unless at the time other - ie directed by a Police Officer. ;TION III. Installation and Maintenance of Signals. The Traffic Engineer shall cause electric traffic itrol signals to be installed and maintained at intersections and other places as he may deem necessary. signals shall conform to the provisions -of sections 75-509 through 75-512 of the Arkansas Statutes, amended. TION LV. General Traffic Control Signal Legend. Whenever traffic is controlled by traffic control ;pals exhibiting the words, "Go," Caution," or "Stop", or exhibiting different colored lights suc- isively one at a time, or with arrows, the following colors only shall.be used and such terms and ;hts shall indicate and apply to drivers of vehicles and pedestrians as folmows: 1. Green alone or "Go": a Vehicular traffic.facing the signal, may proceed straight through or turn right or left, urn s a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning ;ht or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the in- osection or an adjacent.crosswork at the time such signal is exhibited. (b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked 2. Steady Yellow alone: (a) Vehicular traffic facing the signal is thereby warned that the red or "S,,op" signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or.be crossing the inter- section when the red or "Stop" signal is exhibited. (b) Pedestriahs 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. 3. Stead read 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 states that a right turn on red is permitted. (b) No pedestrian facing such signal shall enter the raodway unless he can do so safely and Without interfering with any vehicular traffic. 5. In the event an official traf'f'ic control sighal is erected and maintained at a place other than j•. . 0 Or. No. intersection, the provisions of this section shall be applicable except as to thos provisions which, by 1447 their nature, can have no application. Any stop required shall be made at a sign or marking on the payeme 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, TION V. Pedestrian Walk and Wait Signals. Whenever the pedestrian control signals exhibiting the Words lk," "Wait," or "Don't Walk," are in place sugh signals shall indicate as followsl 1.Walk, Pedestirans facing such signal may proceed across the roadway in the direction of the signal shall be given the right of way by the drivers of all vehicles. 2. Wait or Don't Walk. No pedestrian shall start to cross the roadway in the direction of such signal, any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk safety island while the wait signal is showing. TION VI. Flashing Signals. Whenever flashing red or yellow signals are used, they shall require obed Vehicular traffic as follows: 1. Flashing red (Stop signal). It6sad gm 7 rtgot}a sxa bdW akldi When a lens is illuminated by rapid intermittent flashed, drivers of vehicles shall stop before entering the crosswalk at an intersection or at a limit line when masked and the right to proceed shall be subject the rules.applicable after making a stop at a stop sign. 2'. Flashing yellow (Caution signalo. When a 3rellow lens is illuminated with rapid intermittent flashes veas of vehicles may proceed through the intersection or past such signal only with caution. TION VII. Unauthorized sighs, Signals, or Devices. No person'shall place, maintain or display upon in view of any street or highway'any-unauthorized sign, signal, marking or device which purports to be an imitation of or resembles an official traffic control device or railroad sign or signal, or which empts to direct the movement of traffic, or which hides from view or interferes with the effectiveness. any official trafficaftontrol device, or any railroad sign or signal and no person shall place or mainta shall any city officer permit upon any street or highway any traffic sign or signal bearing thereon commercial advertising. This shall not be deemed to prohibit the erection upon private property ad- ent to streets or highways of signs giving useful directional information and/or of a type that cannot mistaken for official signs. 1. Every.sign, signal or marking prohibited by this section.is hereby declared to be a public nuisance .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, ck down, destroy or remove any official traffic sigtrol device, road marker, lighting equipment or any lroad crossing sign or signal, or any inscription shield, or transcription thereon or any part thereof. ARTICLE IV. OPERATION OF VEHICLES GENERALLY, ECTION I. No person shall drive a vehicle when it is so loaded, or when there are in the front seat seat uch number of personas exceeding three (3),'as to obstruct the view of the driver to the front or sides of he behiale or so as to interfere with the driver's control over the driving mechanism of the vehicle. ECTION II. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead r to the sides, or to interfere with his control over the driving mechanism of the vehicle. ECTION III. Duty to Drive on Right Half of Roadway. Upon all roadways of sufficient width, a vehicle shall e 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 uch movement. 2. When the right half of a roadway is cilsed to traffic while under construction or repair; 3. Upon a roadway divided into three (3) marked lands for traffic under the aules applicable thereon; or 4. Upon a roadway designated and sign posted for one(1-1) way traffic. ECTION IV. Passing Vehicle Proceeding in Opposite Direction. Drivers of vehicles proceeding in opposite directions shall pass each other to the right and, upon oadways having width for not more than one (1) line of traffic in each direction, each driver shall give o the other at least oneAhalf (J) of the main traveled portion -of the roadway as nearly as possible. . Except as otherwise provided in this article, the driver of a vehicle overtaking another vehicle roceeding in the same direction shall pass to the left thereof at a'safe distance and shall not again vrve to the right side of the roadway until safely clear of the overtaken vehicle. No vehicle shall be riven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding n the same direction unless such left side is clearly visible and is free of oncoming traffic for a suffi- ient distance ahead to permit such overtakigg and passing to be completely made without interfering with he safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In very event, the overtaking vehicle must return to the right-hand side of the roadway before coming within DO feet of any vehicle approaching from the opposite direction. iI No vehicle shall, in overtakingmd passing another vehicle or at any other time, be drive$ to the left ide 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 ighway is obstructed. 2. When approaching within $00 feet of any bridge, viaduct, or tunnel, or when approaching within 100 eet 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 centea6 ine is marked, which'distinctive line also directs traffic as declared in the sign manual adopted by the Mate Highway Commission. Except when overtaking andpassing on the right is permitted, the driver of an overtaken vehicle shall ive way to the right in favor to the overtaking vehicle on audible signal and shall not increase the speed f his vehicle until completely passed by the overtaking vehicle. The driver -of a vehicle may overtake and pass upon the right of another vehicle only under the following onditions: 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 idth for two(2) or more lines of moving vehicles. 3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of move- ent, where the roadway is Free from obstructions and of sufficient width for two (2) or more lines of oving vehicles. The driver of a vehicle may overtake add pass another vhhicle upon the right on under conditions per- itting such movement in safety. In no event shall such movement be made by driving off the pavement or ainatraveled protion of the roadway, k ECTION V. Speed Restrictions. D person shall drive a vehicle on any street or highway in the city at a speed greater than is reasonable nd 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. Where no special hazard exists, the following speeds shall be lawful, but kny speed in excess of such units shall be prima facie evidence that the speed is not reasonable or prudent under the conditions xisting then. (See above 1&2). . The fact that the speed of the vehicle is lower than the foregoing prima facie limits shall not reliev Ord. No. 1447 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 by reason of weather or street conditions, and speed shall be decreased as may be necessary to I void colliding with any person, vehicle or other conveyahce on or entering the street in compliance with legal requirements and the duty of all persons to show due care. 'ECTION VI. Racing Prohibited. It shall be unlawful for any person to drive any motor vehicle or motor bike in a race upon any street or highway in the City. Any person convicted in violating this section shall be fined in any sum not exceeding two hundred dollars ($200.00). CTION VII. Minimum Speed Regulation. No person shall drive a motor vehicle at such a slow speed as impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary r safe operation or in compliance with the law. Police officers are hereby authorized to enforce this ction by d sections to drivers, and in the event of apparent willful disobedience to this section and fusal to comply with direction of an officer in accordance herewith, the continues slow operation by driver shall be a misdemeanor. CTION VIII. Passing Rotary Traffic Island. A vehicle passing around a rotary traffic island shall driven only to the right of such island.. CTION IX. Driving on Roadways_Laned for Traffic. Whenever any roadway has been divided into two(2) more clearly marked lanes for traffic, the following rules, in.addition to all ethers consistent rewith, shall apply: A. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not 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 tc use a designated lane or allocating ecified lanes to traffic moving in the same direction and drivers of vehicles shall ovey the direction every graffic sign. CTION X. One Way Streets, Designation; Signs. A.. Streets or alleys on which vehicular teaffic is permitted in one direction only shall be designate, the City Council. The Traffic Engineer shall cause appropriate signs to be placed and maintained on .1 streets and alleys so designated, which signs shall indicate the direction of lawful traffic movement. ich signs shall be placed at every intersection where movement of traffic in the opposite direction is B. When signs are in place as required by Section VII, it shall be unlawful for any person to Aerate a vehicle except in the direction indicated for lawful traffic movement. ECTION XI. Right of Way at Intersection. . The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which as entered the intersection from a different street or highway. 1. When two (") vehicles enter an intersection from different streets or highways at the same time, he driver of the vehicle on the left shall yield the right of way to the vehicle on the right, it £raffil t such intersection is not controlled by an offical traffic control device. 2. The driver of a vehicle within an intersection i#tending to turn left shall yield the right of ay to any vehicle approaching from the opposite direction which is within the intersection or so close hereto as to constitute an immediate hazard, but such driver, having so yielded and having given a Signa: hen and as required by this section, may make such left turn and the drivers of all other belicles pproaching the intersection from the opposite direction shall yield. the right of way to the behicle aking the left turn. ECTION XII. Turning Movements Generally.. No person shall turn a vehicle from a direct course upon a treat or highway and until such movement can be made with reasonable safety and then only after giving alearly audible signal by sounding the horn if any pedestrian may be affected by such movement. SECTION XIII. Method of Turning At Intersections: L The driver of a vehicle intending to turn at an intersection shall do so as follows: 1. Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge mf the roadway. 2. .The approach for a left turn shall be made in that portion of the right half of the roadway nearer the center line thereof, end, 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 eoadway 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 wherer such line 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, 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 without giving an approp ate signal, in the event 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 suddentt7decrease the speed of a vehicle without first giving an appropri4 ate siggal to the driver of any behicle immediately to the rear, when there is an opportunity to give such a signal. 3. Any stop or turn signal, when required, shall be given either by means of the hand or are or by signal lamps provided that, any motor vehible 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 tip 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. _ 4. All signala required by Section XII given by hand and arm shall be given from the left side of the vehdole in the following manner and such signals shall indicate as follows:. (a) Left Turn, Hand and arm extended horizontally. (b) Right Ih m,Hacd and arm extedded 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, exhause 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 righ Wd edge of the 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 driected 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 due3regard for the safety of all persons using the street or highway. Al 7 1447 Ve ISECTION=II.Driving Through Safety Zone Prohibited. No vehicle shall at any time be driven through or within'a safety zone. SECTION XrtX. Driving on Sidewalk Area. It shall be uhlawful for any person to drive or o))erate 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 of such vehicle in newtral. - B. The driver of a cemmercial 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 rbgard for the speed of such vehicles and the traffic upon 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 intoothe blockefhere fire apparatus has stopped in answer to a fire alarm. SECTION XXIII.'YDriving over Fire Hose. No vehicle shall be driven over any unprotectedhheee,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_coamiand. . SECTION XXIV." RecklessDriving. A. Any pperson convicted of reckless driving shall be punished, upon a first conviction,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 they $25.00 nor more than $500.00, -or both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than tori (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 imprismnment. B. Every person who drives any vehicle in such a manner as to indicate a wanton disregard for the safet3 of persons or property shall be guilty of reckless driving. ( See A for penalty) 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 incap+Able 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 b}- 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)nor more than five hundred dollars, and his privilege to operate a motor vehicle may be suspended for a perioc of not more than one (1) year. On a second or subsequent conviction for an offense committed.withingone(p 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 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 to be in actual control of any vehicle within the City. B. Every person who is convicted of a violation of this sections hall be punished by imprisonment for not less than 24 hofirs 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. ftprisonment,•as provided for in this secton,shall not be deemed to have begun until after conviction and sentencing of the defendant. SECTION XXVII. Regulations for Heavy Equipment Crossing Railroads. A. No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equip= ment or structure having a normal operating speed of six or less miles per hour, or a vehicle body or loac clearance of less than nine inches above the level surface of a roadway, upon or across any tracks at a railroad crossing, without first complying with this section. B. Notice of any such intended crossing shall be given to a superintendent eff such railroad and a reason• able time shall be given to such railroad to provide proper protection at such crossing. . C. Before malting any such crossing, the person operating or moving any such vehicle or equipment shall fii 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 approachi 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 dull be dee#ed guilfyyof 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. Unaibended Vehicles. A. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict wit: other traffic or in compliance with the directions of a police officer or trafficcontrol.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 1 . 5. Within 16 feet of a fire hydrant. 6. Within 20 feet of a crosswalk at an intersection. 7. Within 38 feet upon the amroach of any flashing beacon, stop sign, or traffic control devices located at the side of a roadway. 8. Betweenra safety zone and the adjacent cutb or within 30 feet of points on the curb im- mediately Apposite -the ends of a safety zone, unless different leggth is indicated by signs or markings. 9. Within 50 feet of the nearest rail of a railf'oad 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. Along side or opposite any street excavation or obstruction when such stopping, standin 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 bridge or other elevated structure upon a highway or within a highway tunnel. 14. At any place where official signs prohibit stopping. 401 (Article V. 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 d safe to do so, nor shall any person leave a door open on the side of a vehicle available to moving tra c for a period of time longer than necessary to load or unload passengers. SECTION III. Stop and Yield Intersections. A. The Traffic Engineer shalldesignate 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 practiceable to the nearest line of the crosswalk on the near side of the intersection, or, if there is no crosswalk, then as near as practiceable to the nearest line of the intersecting roadway. C. Every sign (stop) ahall bear the word "Stop" in letters not less than eight (8) inches in height. Every akiip sign(yield) shall bear the word "Yield" in letters not less than seven (9) 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, everyd^iver of a vehicle a¢groaching a stop intersection indicated by a stop sign shall stop before entering the cross- walk, on the near side of the intersection iq: xz xW zi:giL or, in the event there is no crosswalk, shall stop at a cebarly mahked stop line, but, if none; then at the point nearest the inter- secting roadway, wEbrr the driver has a view of approaching traffic on the intersecting roadway, after having stopped, such driver shall yeild the right of way to any vehicle which is approaching the inter- section from another or which is approaching so closely on such street as to constitute an immediate hazard, but such driver having so yielddd may proceed and the drivers of all other vehicles approaching the intersection shall yield the right of say to the vehicle do proceeding. E. The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the exist*ng 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 drivers having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield to the vbhicle so proceeding, provided, however, that.if such driver is involved in a collision with a pedestiran in a crosswalk or an 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 the right of -way, . . 1. Any stop required by this subsection shall be made before entering the crosswalk 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 app- roaching on the street. B. Whenever any person driving a vehicle approaches a railroad grade crossing bnder any of the circum- stances 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 iintil he can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal devices give warning of the.immediate approachin 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 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 of nearness to such crossing, is an immediate hazard. 4, An approaching railroad 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 barriar at a railroad crossing while such -gate or barrier is closed or is being opened or closed. 6. Any person violating this section shqIT4 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 city limits of such city, which crossings are not provided with flagman or electric danger signals. B. It shall be the duty of all railroads or railway companies operating 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 gibing notice that such crossing is hazardous and that drivers of motor driven vehicles are required to stop. C. It shall be unlawful for any driver to drive or propel any autbmobile, automobile truck, or other motor --driven vehicle upon any railroad track at a municipal street intersecting such railroad at a grade crossing that has been designated and marked as a hazardous ardstkah,dwithout first bringogg such vehicle to a full stop at a distance of not less than 10 feet nor more than fifty feet from the nearest track, and then and there looking and listening for approaching trains. D. Any person violating the provisions of this sectionshall 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 there 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, unles*parking is prohibited on such side, In every case a vehicle may be parked entirely within the lines of makkings on the street designating parking spaces. SECTION VII. Designation aft NUidng of Areas Where Parking is Prohibited, limited, And 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 restricti on parking imposed by the City Council.. This selection shall be enforced only when appropriate signs or markings are in place as required by Section Vii. SECTION IX. Parking in Spaces Set Aside for Texicabs 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 orobhber commercial vehicle in such a parking place. • SECTION X. Parkinp Near Scent of Fire. It shall be unlawful for any person to park any behicle within any block where re appara us as s opped in answer to a fire alarm. 402 SECTION %I. Starting,Stopped, Standing, or Parked Vehicle. No person shall start a vehicle which is 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 prohibiting or libiting 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 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 Holiday. SECTION III. Parking Prohibited During Certain Hours on Certain Streets.When signs are erected on any street or Fart of street of 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 Sundays and public holidays. SECTION IV, Stopping, Standing or Parking Prohibited During Certain Hours on Certain Streets. When signs are erected on any street or part of street in each Plock 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 Sunday and public holidays. SECTION VI. Parking Signs Required. Whenever, by any provision of this Ordinance, a parking time limit is imposed cr parking is prohibited on any street or part of street, it shall be the duty of theTraffic Engineer•to.erect appropriate signs -on such street or part of street giving notice thereof and no such regulations shall be•6ffective unless said signs areerected and'in place on the side or sides of the street where parking time is limited or prohibited at the time of any alleged offense. SECTION VIII. Parking of Common Carriers at Night Prohibited. No person shall perk 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.m.; nor shall any persoh.use any street for the purpose of repairing or re- conditioning any such truck, trailer, or any common carrier or any part thereof, except when such repairs shall be necessitated by an emergency. SECTION IB. Parking Restrictions During CertAin Hours Designated by Traffic Engineer. The Traffic Engineer is hereby authorized to determine the location of two -pour 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. A11 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 -pour 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 long than two hours at any time, except on Sundays or holidays. All such two hours parking zones shall be designated by signs. SECTION I. Traffic Engineer to Des*gnate 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 appliicab] SECTION II. Permits of 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 applimtion 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 Obber.xPM 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 appro- priate signs, and otherwise maintaining said limited parking, or unloading zones, Such pay0ent 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 convenience of the general public. .Such zones shall be main- tained 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, side- walk or any part of the street of the City of Fayetteville in any manner whatsoever, and it shall be un- lawful for any perpoafifirm or corporation to designate any part of any street of the City of Fayetteville as being limited in any manner with respect to marking thereon. SECTION III. Standing in Passenger Curb Loading Zone. No person shall stop,, stand,,or park a vehicle in for any purpose or period of time other bban for the expeeitious loading or unloading of passengers in any place sparked as a passenger curb zene during hours when the regulations applicable to such curb leading zones are effective, and then only for a period of not to exceed three (9) minutes. SECTION IV. Standing in Freight Curb Loading Zone_. No person shall stop, stand or.park a vehiclefor any purpose or length of time other than for the expeditious unloading of and delivery or pick-up of and loading of golds or 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 anduunloading 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, taxicabs stands for other passenger common -carrier motor vehicles on the public streets on such places as bb shall determine to be of the greatest benefit and convenience to the public, such vus stops, bus stands, taxicab stands or other stands„ so established shall be designated by appropriate signs where.deemed by the Traffic Engineer as necessary. SECTION VI. Stopping Sanding and parking of Busses and Taxicabs. The following rules shall govern the stopping, standing and parking of buses and taxicabs.. A. Except in the operation of a charter or special bus, the operator 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 disi charge 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 of unloading passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone or any other location 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 so designated by the Traffic Engineer. This provision shall notprevent the operato pf a taxicab f=.9 tegipParljg sto inggoAnaacpedrb�ee.ai$hpbbbersbCo}�p2ng or parking regulations at any place for the purpose of and while actually engaged in the expeditious unloading of or loading of passengers. 403 Article VII -Section Vii. Restricted Use of Bus or Taxicab Stands. No person shall stop, stand,or park in a vehicle other than a bus or in a bus stop or other than a taxicabs in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passe vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unleadi passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such a zone. SECTION VIII. Traffic Engineer to Desi nate Hooadin .Zones. The traffic engineer shall establish and mark hotel zones to be used solely for the loading an loading of passengers and baggage. Stancjing or parking in such hotel zones shall be limited to fifteen minutes. SECTION IX. Parking in Hotel Loading Zones. 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. ARTICLE VIII. PEDESTRIANS. SECTION I. Application of Article. Pedestrians shall be subject to traffic control signals at inter- sections, but at all other places pedestrians shall be accorded the privileges and shall be subject to restrictions stated in this article. SECTION II. Right of Way in Crosswalk. A. Where traffic control signals are not inpplace or in operation, the driver of a vehicle shall yield the right of way, slowing dwon or stopping if need be so to 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 pedestrial 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, pededtrians shall not cross at any place except in a marked crosswalk. SECTION IV. Use of Right Half of Crosswalk. Pedestrians shall move, whenever practiceable, upon the right half of the crosswalk. SECTION V. Duty to Yield Right of Way to Vehicles at Cartain 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 of way to vehicles upon the roadway. B. Any pedestrian crossing the 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. SECTIONVVI: Hitchhiking from Roadway Prohibited. No person shall stand in the 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 trabeling along or across the streets df the -city shall have the right to 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 hhall 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 #gbtgcolored metal. B. All traffic on the streets shall yield the right of -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 of way to such blind pedestrians shall he guilty of a misdemeanor and subject to a fine of not more than one hundred dollars ($100.00). All blind persons valking 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 mmsdemeanor and subject to a like fine. SECTI0OIII. 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 necessayy and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. SECTION 7. Traffic Regulations to Apply to Persons Riding Bicycles. Every pFrson riding a bicycle upon a roadway shall be granted all of the rights and privileges and shall be subject to all the duties applicable to the driver of a vehicles by the laws of this state declaring rules of the road applicable to vehicles or by the traffic of°dinances of this City applicable to the driver d 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 device applicable to vehicles or by the direction of a police officer. Whenever authorized signs„ar erected indicating that no right or left or U-turn is permitted, no person operating a bicycle bbal.Xdisobey the direction of any such sign, except where such 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 hhereto. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. SECTION IV. Riding on Roadways and Bicycle Paths. Every person opeaating a bicycle upon a roadway ahAll be riding as near to the right-hand side of the roadway as practiceable, 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 abrest, 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 the 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. SECTION VI. Emerging from Alley or Driveway. The operator of a bicycle emerging from an alley, drivewa; or building, shall, upod 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 road- way, 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 the roadway. SECTION UITRYINCarrying 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 bicylce on 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 a manner as to afford the least ovstruction to pedestrian traffic. SECTION X Riding on sidewalks., No person shall ride a bicycle upon a sidewalk within a business distric 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 audivle 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 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 iron of lawful upper beams of headlam on a mbtor vehicle. A lamp emitting a red light to the rear may be used in addition to the red re - (lector. person shall operate a bicycle unless it is equipped with a bell or other device.capable of giving a nal for a distance of at least one hundred feet, except'that a bicycle shall not be equipped with nor 11 any'person use upon.any bicycle any siren or whistle. Every bicycle shall be equipped with a brake ch will enable the operator to make the braked wheel skid on dry, lever, clean payemetot. IECTIME I. Driving without a License. No person shall operate a motor vehicle upon the streets or alleye of the City of Fayetteville unless such person has a valid license as an operator or chauffeur as requirec )y the laws of the State of Arkansas. IECTION II. Equipment of motor Vehicles. No person.shall drive a motor vehicle not complying with the ollowing requirements as equipment: A. SignalingDevices Every motor vehicle shall be equipped with a horn, directed forwayd, orwhistle .n good working order, capable of emitting a sound adequate in quality and volume to give warning of the Lpproach of such vehicle to other users of the street and to. pedestrians. Such signaling devices shall >e used for warning purposes only and shall not be used for making unnecessary noise, and no other sound- 3roducing singaling device shall be used at any time. B. Brakes: All motor vehicles, except motorcycles shall be provided at all times with two set of cdequate brakes, kept in good working order, and motorcycles shall be provided with one set of adequate :rakes kept in good working order. C. Mirrors: All motor vehicles which are so construefed 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 io adjusted as to reveal the street and to 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 it machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with )roperly attached mufflers of such capacity or construction as to quiet exhaust noises insofar as possible my cutout or opentmg in the exhause pipe between the motor and the muffler on any motor vehicle shall >e completely closed and disconnedted from its operating lever,, and shall be so arranged that it cannot mtomatically open or be opened while such vehicle is in motion. IECTION III. lights. No person shall drive a vehicle during the period from one-half hour after sunset t one-half hour before sunrise without frontand rear lights, which shall meet all the requirembnts of State IECTION IV. Pro.iection on Vehicles. All vehicles carrying poles or other objects which.project more than ive feet from the rear of such vehicle shall, during the period when lights are required by this article :arry a red light at or near the rear end of the pole or other object so projecting. At, other times : red flag or cloth not less than sixteen inches square shall bd displayed at the end of such projections. IECTION V. Traffic_ Engineer to Designate Crosswalks,Safety Zones, and Traffic Lanes. The Traffic kigineer is authorized: A. To designate and maintain by appropriate devices,marks or lines upon the surface: of the roadway, :rosswalks at intersections where, in his opinion, thbr.e is particular danger to pedestrians crossing ,he 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 or the protection of pedestrians. C. To mark traffic lanes upon the roadway of any street wherery in his opinion, a regular alignment of traffic is desirable. ;ECTION VI. Traffic Engineer.may Establish Play Streets. The Traffic Engineer may declare any street or part thereof 'a play street, no person shhll dMve a vehicle upon any such street or portion thereof, accept drivers of vehicles having business or whose residences are within such area, and then any such [river shall exercise the greatest care. The Traffic Engineer shall appropriately Bark all such streets it parts of streets. . IECTION VII. Authority to Sigh One-4mlay Streets ,and Alleys. The Traffic Engineer is hereby authorized ,o determine and designate one-way streets and alleys and the Traffic Engineer shall place and maintain dgns 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 covement of traffic in the opposite direction is prohibited. IECTION VIII. One-way Streets and Alleys. Upon those streets and parts of streets and in those alleys lesignated one may, vehicular traffic shall move only in the'iindicated direction when signs indicating ams are duly placed. . ........ . LECTION IX Authority to Restrict Direction of Movement on Streets During Certain Periods. The Traffic hgineer 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 oppostie direction luring the another period of the day, and shall place and maintain appropriate markings, signs, barriers, r other devices.to give notice thereof, Ebe.traffic engineer may erect signs temporarily designating lane anes to be used by traffic moving in a particular durection, regardless of the center line of the roadwa3 1 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. LECTION X. Truck Routes. The Traffic Engineer is authorized to determine and designate streets, parts if streets or specific lanes as truck routes and when so designated all such trucks shall use such routes .o the closest 'point of their destination. For the.purpose of this ordinance the word "Trick" shall mean Lny vehicle designed or operated for the transportation of property, the body weight or combined body Lnd load weight of which exceeds 4,500 pounds. LECTION Xi. Riding on Motorcycles. A person operating a motorcycle shall ride only upon -the permanent Lnd regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle unless such mototrcycle is designed to capry more than one person, in rhich event a passenger may ride upon the permanent and regular seat.if designed for two persons, or tpon another seat to.the rear of the operator. LECTION XII. Boarding or Alighting from Vehicles. No person shall board or.alight from any vehicle chile same is in motion. LECTION XIII. Unlawful Riding. No person shall ride on any vehic1h upon any portion thereof not designee or intended for the use of passengers. This provision shall not Apply to an.employee engaged in the neces- oary discharge of a duty, a s to persons riding within truck bodies in space intended for merchandise. [ECTION XIV. Railroad Trains not to Block Streets It shall be unlawful for thedirectingaofiicarodror Teratasteftknysmkilroad train to direct the operation of or.to operate the same in such manner as to )revent the use of any street for the purpose of travel for a period of time longer than five (5) minutes. !ECTION XV. Driving through Safety Zones Prohibited. No vehicle shall at any time be driven through a safety zone. LECTION XVI. Throwing Things on Streetsl No person shall throw or place.on any street any tacks, nails, rire, scrap metal, glass crockery, sharp stones or other substances injurious to the feet of persons or nimals or to the tires of vehicles. Any person who has purposely or accidentally dropped any substance rpon the street shall immediately clear such'street of the same.. LECTION XVII. Hauling Rubbish or Loose Material on Streets. No vehicle shall be used to haul rubbish, .rash, loose bottles, tin cans, brush, waste paper, loose dirt, rocks or material of similar nature, cpon the traffic streets without first having been equipped with the proper equipment as hereinafter set c ,o prevent the load, or any part of the lead thereof, from falling, dropping or being blown off the vehicl rhile 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 sideswalls of .he truck bed. When the vehicle is being used for carrying loose paper or other material that may be blown 'rom the load. eattarpaulin or screen cover of sufficient mesh shall be used to cover the load to prevent is 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, or other obstruction of defect that limits visibility except such sign, sticker, or insignia required by any law or re- gulation,'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 percent of the glass area, they may be affixed to the rear window such manner and place so as not to obstruct the view of the driver of such motor vehicle. SECTION XIX. Dimming of Tights. 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. 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 that however, the trees now growing in such places may.grownabove the said height if tho 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 with first stopping the engine,locking the ignition and removing the key, or when standing upon any perceptible grade witnout effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. SECTION XXII. Clingring to Igbialwu 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 Des egulations. All automobile dealers in the City of Fayetteville, are required to Furnish 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 in purchasing a used cart and failing to have license plates registered in his name within five (5) days of datrb of bill of sale, or who shall give a fictitious address when having a car registeredr, 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 hours (24) 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 XXQII. Zbne of Quiet. Whenever authorized signs are erected indicating a zone -of quiet, no person operating a motor vehicle wLthin 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 stopl SECTION XXVIX. Paddling School Bus. A. When any school bus vehicle stops, every operator of a motor vehicle or motorcycle approaching the same from any direction shall brigg 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 behicle or motorcycle shall not start up or attempt to pass in any direction until said school bus vehicle has finished receiving and/or discharging passengers.. B. Any person who violates the section shall, upon conviction thereof, be guilty of a mis- demeanor, and shall be fined not less than ten dollars (410.00) nor more than$500.00 dollard 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 provisions of this Ordinance unless such violation is by this Ordinance or other law of this State declared a felony. A. Unless another penalty is in this ordinance or by the laws of this State, provided, every person is convicted of a misdemeanor for the violation of any provision of this Ordinance shall be punished by a fine of fiat less or more than $500.00 or by imprisonment for not more than six months or by both such fine and imprisonment. SECTION II. Forms and Recoeds of Traffic Citations And Arrests. The City shall provide books to include traffic citation forms for notifying alleged violators to appear and Gnswer 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 issued. The Chief of Police Dball 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 Pblice 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 o#her 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 specified on said citation-- SECTION IV. Disposition of Records of Traffic Citations, Warrants and Complaints. The following rules shall govern the disposition of traffic records: A. Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vahicle laws of this State or of any traffic ordinance shall deposit the original and a duplicate copy of the citation at the direction 6f1the 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 filing of such original citation in the Municipal Court of this City as aforesaid, said citation may be disposed of only be 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 connect16n with every traffic citation issued by a member of the Police Department a record of a 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 ofall warrants issued by•the Municipal Court on said traffic violations 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 Department or other officer or public employee to dispose of, alter, of deface a traffic citation or any copy thereto, 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 bya firm in 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 vimlation bureau and the Police Departryent. M City Engineer SECTION VII. When Copp of Citation Shall be Deemed a Lawful Complaint. In the event the form of citat: provided herein includes information and is sworn to as required under the general laws of the State in respect to a complaint charging commission of.the offense alleged in said citation to have been eommitt, 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. SECTION VIII. Citation of Illegally Parked Vkhicle. 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 the 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 duringgthe hours and at a place specified in the citation. ,• SECTION IX. When Warrant is Issued. In the event any person fails to -comply with a traffic citation given him or attached to a vehicle belonging to him or fails to make appearance pursuant to a summons directing an appearahce in Munici;*l 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 a0ob a warrant for his arrest. SECTION X. Records of Traffic Cases, Report of Conviction to State Department of Motor Vehicles. The Msmicipal Court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited_Fdth or presented to said Court, and shall keep a record of every official action by said Court in reference thereto, including but not limitbd to a record of every con viction forfeiture of the amount of fine or forfeiture resulting from bail, judgment and acquittalyand that every said traffic complaint or citation deposited with or presented to said Court. The Municipal Coutt shall make reports to the State Department of Revenue, Drivers' License Registration Bureau in ac- cordance with State Law, SECTION XI. Disposition of Traffic Fines and Forfeitures. All fines of forfeiture collected upon con- viction 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 to or from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the PIlice Department, otherwise maintained by the City under the circum- stances hereinafter enumbrated: A. When any vehicle is left unattendeddupon 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 parmed 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 fora period of more than forty-eight hours; and any time a vehicle is parked in a prohibited area that is so designated by signs or other official markings. D. Whenever the Police Department removes a vehicle from a street under this section and so does not know and is not able to ascertain from the registration records of the vehicle, the name and address of the owner 68ebhef, such Police Department shall immediately give 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 thg/owner within a period of three (3) days, written report of such removal to the State Department whose duty it is to registe motor behicles. Such notice shall include a complete description of the vehicle, the date, time andplace fro which removed, the reasons for such removal, the name of the garage or place where the vehicle is stored.i 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-wav 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 prosecutkon or punishment of any person for any violation of such repealed ordinances. SECTION IV. The City Council hereby declares that, should any sedtion, 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,Confbcil that it mould have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION, V. Itahas been found and is declared by the City Council of theCity 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 comprehensive traffic laws will materially reduce such traffic haza. Pherefore, 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 ap- proval. PASSED AND APPROVED THIS 7th day of June, 1965• APPROVED: GUY E. OWN MAYOR ITTEST: GEORGE J. V ,CITY CLERK rhe Mayor recommended that City Engineerr• W.C.Smith be appointed as Traffic Engineer. 11dermannShort moved that, under authority contained in Ordinance No. 1447, City Engineer W. C. Smith be ind he is hereby appointed as Traffic Engineer for the City of Fayetteville, Arkansas. Phe motion waa seconded by Alderman Burgin and passed unanimously. The City Attorney introduced and read a proposed ordinance in its entirety entitled, "AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, ARKANSAS: ESTAB. Ordinance THE SAME: PROVIDING FOR THE REPEAT. OF CERTAIN ORDINANCES NOT INCLUDED THEP.EIN, EXCEPT AS HEREIN EXPRESSLY No� Ordinance PROVIDED: PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF: PROVIDINi 1"8ENXXTAE EFMTTYE XM NY CM XNE FOR THE MANNER OF AMENDING SUCH CODE: AND PROVIDING WHEN THIS SHALL BECOME EFFECTIVE." Alderman Short moved that the ordinance pass. The motion was seconded by Alderman Thomas and ;bassed unanimously, whereupon the Mayor declared the Nrdinance passed. ORDINANCE NO. 1448 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, ARKANSAS;ESTABLISHING 4 07 THE SAME;PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF;PROVIDING FOR THE MANNER OF-AMENDING-SUCH-OODE;AND-PROVIDING-WHEN-THIS-ORDINANCE-SWLti BECOME -EFFECTIVE. Ordinance No. 1448 .} BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILI.E, ARKANSAS: ZTION I. That the`Code of Ordinances,.consisting of Chapters 1 to 21, each inclusive, is hereby adopted id enacted as the "Code of Ordinances, City of Fayetteville, Arkansas,"and shall be treated and considerec i a new and original comprehensive ordinance which shall supersede Ill other general and permanent ldinances passed by the City Council on or before September 14, 196 to the extent provided in Section hereof, and shall supersede Ordinance No. 1447, adopted June 7, 1965, which with editorial modification£ i made a part of Chapter 19 of the Code of Ordinances. ;CTIONlEL That all provisions of such Code shall be in full force and effect from and after the sixth 6y of August, 1965, and allordinances of a general and permanent nature of the City of Fayetteville, iacted on final passage on or before September 14, 1964, and not included in such Codd or recognized and intinued in force by reference therein are hereby repealed from and after the sixth day of August, 1965, :cept as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. ;CTION III. That the repeal provided for. in Section 2 hereof shall not affect any of the following: (.1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or .ght established or accruing before the effective date of such code., (2) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing te,issuance of any bodds of the City, or any evidence of the City's indebtedness. (3) Any contract or obligation assumed by the City. (4) Any right or franchise granted bk the City. (5) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, ,cating,etc., any street or public way in the City. (6) Any ordinance creating or otherwise relating to any watery sewer or other improvement district. (7) Any appropriation ordinance or ordinance providing for the levy oftaken or for an annual budget. (8) Any ordinance regulating traffic on specific streets, such as ordinances establishing one-way .reets, prescribing parking restrictions, prohibitions or limitations, designating stop intersections id through streets, etc. (9) Any ordinance annexing territory to the City or discontinuing territory as a part of the City. (10) Ordinance No. 952 creating a civil service commission for the police and fire departments. (11) Ordinance No. 1239, being the Zoning Ordinance, and amendments thereto, and ordinances amending s zoning map or accepting and Approving revised zoning maps. (12) Ordinance No. 1278,.known as the "Drake Field Airport Zoning Ordinance." (13) Ordinance No. 1245, constituting the subdivision regulations, and amendments theretol (14) Any ordinance dedicating or accepting any plat or subdivision in the City. (15) Any ordinance enacted after September 14,1964, The repeal provided for in Sectiondhereof shall not be construed to revive any ordinance or part Hereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. ;CTION IV. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an 'fense or a misdemeanor., or whenever in such Code the doing of any act is required or the failure to do y act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any ch Code shall be punished by a fine not exceed twenty-five dollars (2¢.00), as provided in Section 1-5 such Code; provided that no such fine shall be greater or less than the fine imposed by State Law it similar offenses. :CTION V. That any and all additions and amendments of such .Code when passed in such f orm'as to indicate is entention of the City Council to make the same a part thereof, shall be deemed to be incorporated such Code so that reference to the "Code of Ordinances, City Of Fayetteville, Arkansas" shall be under - ,00d and intended. to include such additions and amendments. When such additions and amendments are proper] serted in such Code, they shall have the same force and effect as if originally included therein, as ovided in Section 19-2426 of the Abkansas Statutes, CTION VI. In case of the amendment of any section of such Code for which a penalty is not provided, e general penalty as provided in Sectionll-5 of such Code shall apply to the section as amended; or, case such amendment contains provisions for which a penalty, other than the aforementioned general nalty, is provided in another section in the same chapter, the penalty so provided in such other section all be held to relate to the section so amended, unless such penalty is specifically repealed therein. CTION VII. That three (3) copies of such Code shall be kept on file in the office of the City Clerk eserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It all be the express duty of the city Clerk, or someone authorized by him, to insert inthet£ designated aces all amendments or ordinances which indicate the intention of the City Council t96ake the same part of such Code when the same have been printed or reprinted in page form, and to extract from such Co< .1 provisions which may be from time to time repealed by the City Council. These copies of such Code shall available for all persons desiring to examine the same. CTION VIII. That it shall be unlawful for any person to change or amend,by additions or deletions, y part or portion of such Code or to insert or delete pages or portions thereof, or to alter or tamper th such Code in any manner whatsoever which will cause the law of the City of Fayetteville, Arkansas, be misrepresented thereby. Any person violating this section shall be punished as provided in Section of this Ordinance. CTION IX. All ordinances or parts of ordinances in conflict herewith, to the extent of such conflict, e herebyyrepealed. CTION X. This ordinance shall become effective on the sixth day of August, 1965. PASSED AND APPROVED THISsseventh day of June,1965. APPROVED: f ►.l i GUY E* �. ATTEST: , G&ax 29±2=!� EORGE 0. DAVISICITY CLERK re being no further business, Alderman Watson moved to adjourn. motion was seconded by Alderman short, whereupon the mayor declared the meeting adjourned. APPROVED* GUY El- PROWN, MAYOR FF`�, •5 ti om WA y