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Home My WebLink About12 30 1975 Ord. 159STATE OF IDAHO County of Bannock ORDINANCE NO. 159 AN ORDINANCE OF, THE CITY OF CHUBBUCK, IDAHO, DECLARING AS A MATTER OF PUBLIC POLICY THE NEED FOR IMPOSITION OF LIMITS UPON THE SPEED AT WHICH VEHICLES MAY BE OPERATED WITHIN THE CITY; RECITING THAT A TRAFFIC AND ENGINEERING STUDY HAS BEEN CON. DUCTED TO FORM THE BASIS FOR ESTABLISHING PAR- TICULAR SPEED LIMITS; DEFINING "VEHICLE" FOR THE PURPOSE OF THIS OR- DINANCE; PRESCRIBING SPEED LIMITS FOR OPERATION OF VEHICLES WITHIN THE CITY; AUTHORIZING THE POSTING OF SUCH SPEED LIMITS IN A MANNER CONSISTENT WITH THE MANUAL AND SPECIFICATIONS ADOPTED BY THE IDAHO DEPARTMENT OF TRANSPORTATION (OR ITS SUCCESSOR AGENCY) AS NOW IN EFFECT AND AS IT MAY HEREAFTER BE AMENDED; IMPOSING CRIMINAL PENALTIES FOR VIOLATION OF THIS ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CON. FLICT; PROVIDING FOR THE SEVERABILITY of THE PROVISIONS OF THIS OR- DINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Declaration of policy. The Mayor and Council of the City of Chubbuck, Idaho, find and therefore declare as a matter of public policy that the health, safety and welfare of the inhabitants of the City, as well as of persons visiting the City, require that reasonable limits be imposed upon the speed at which vehicles may be operated within the City. SECTION 2: Recital of study. In recognition of the need to impose reasonable speed limits, the Mayor and Council have charged the City's Traffic, Safety and Beautification Committee to conduct traffic surveys, to consult the City Engineer, to obtain the assistance of the Idaho Depart- ment of Transportation, and to recommend reasonable speed limits for the City. The Committee have conducted its study and having presented its findings in public meeting before the Mayor and City Council, and the Mayor and Council having considered such findings together with public comment thereon as the basis for establishing particular limits set forth below, the following definition and limitations are hereby adopted. SECTION 3: Definition of vehicle. As used in this ordinance, the term "vehicle" means every device, including a device powered by a motor or otherwise self-propelled, and including a PROOF OF PUBLICATION SSI` bicycle, in, upon or by which any person or property is or may be transported or drawn along the surface of the earth, except devices moved by human power (other than bicycles) or used exclusively upon stationary rails ro tracks. SECTION 4: Speed limits for operation of vehicles in the city. A. No person shall operate a vehicle upon a highway, street, road, lane or way within the City which is open to the use of the public for purposes of vehicular travel, at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or en- tering the highway, street, road, lane or way in compliance with legal requirements and the duty of all persons to use due care. B. Where no special hazard exists that requires lower speed for compliance with subsection (A) above, the speed of any vehicles not in excess of the limits specified in this section shall be lawful, but any speed in excess of the limits specified i,n this section shall be prima facie evidence that the speed is not reasonable or prudent and tha) it is unlawful: (1) Thirty-five (35) miles per hour or such other limit as the Idaho Department of Tran- sportation (or its successor agency) may establish, upon any highway, street, road, lane or way within the city which is part of the highway system maintained by the Idaho Department of Tran- sportation (or its successor agency), (2) Thirty-five (35) miles per hour on Pole Line Road as it extends from the intersection with Yellowstone Avenue to the southerly boundary of the city. (3) Thirty (30) miles per hour on highways, streets, roads, lanes or ways within the city which are designated herein or which are subsequently designated by resolution of the Mayor and City Council as "arterial thorough- fares." The designation "arterial thoroughfare shall be applied to highways, streets, roads, lanes or ways carrying a relatively heavy volume of traffic and -or which is located in an area where speeds of thirty (30) miles per hour may be maintained safely. The following highways, streets, roads, lanes or ways are hereby designated as "arterial thoroughfares:" East and West Chubbuck Roads; Hawthorne Road; Hiline Road; Syphon Road. (4) Twenty (20) miles per hour on all highways, streets, roads, lanes or ways within the city not otherwise classified above. SECTION 5: Posting of limits. The Chief of Police, or other city official or employee designated by the Mayor, is hereby authorized to post or cause to be posted, the foregoing speed limits upon highways, streets, roads, lanes or ways within the City which are open to the use of the Kn-E-Anrina Wanner public for the purposes of ------------------- vehicular travel. Such posting shall be consistent with the aha standards for traffic -control -,d says: That ---------------------------- devices contained in the manual and specifications adopted by the tizen of the United States of Idaho Department of Tran- sportation, as now in effect and as ,d the Principal Clerlc of THE they may hereafter be amended. SECTION 6: Criminal er, is printed and published at penalties. Pursuant to Idaho Code p , p p section 49-703, the speed limits set forth herein shall be deemed to having a general circulation supplement those set forth in Idaho Code section 49-701 (B), as now in effect and as it may hereafter be amended; and Copy of which is attached, was violation of these speed limits shall be deemed a misdemeanor JRNAL, on the following dates, arising_ under Idaho Code section 49-701 (8) and shall be punishable in the manner prescribed by the Idaho Motor Vehicle Code, comprising Title 49 of the Idaho Code, SECTION 7: Repeal. All prior 1 ordinances and parts thereof ----------------------------"-------' which conflict and cannot be reconciled with the provisions of T 9 this ordinance, are hereby """-""""-"---"-"""-----------_" repealed to the extent of such irreconcilable conflict. SECTION 8: Severability: If ------------------------------------- 19 ------ any section, paragraph, sub- paragraph, clause or provision of this ordinance is held invalid for --- --------------------------------- 19 ------ any reason by any court of competent jurisdiction, such holding shall not affect the -------"----------- ------------------ 19 ...... validity or enforceability of any of the remaining provisions. SECTION 9: Effective date. asly and uninterruptedly pub - This ordinance shall become effective upon its passage, ap- venty-eight weeks prior to the proval and publication as provided by law. PASSED BY THE COUNCIL Pnt and i5 a newspaper within AND APPROVED BY THE MAYOR of the City of Chubbuck, Idaho, this 16th day of December, 1975, John 0. Cotant Jr. Mayor ATTEST: Vera C. Armstrong this -_-----_--3�t71 ------------------------ City Clerk Dec. 30, 1975 No. 758 ----------------- - ------------ ------------------ Notary Public, State of Idaho Residence: Pocatello, Idaho �-xp4es y-