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0003 Traffic Code 1951ORDINANCE NO. 3 . AN ORDINANCE PRESCRIBING A COMPLETE TRAFFIC CODE FOR THE OPERATION OF ALL VEHICLES UPON THE PUBLIC HIGHWAYS WITHIN THE LIMITS OF THE VILLAGE OF CHUBBUCK AND PRESCRIB- ING PENALTIES FOR A VIOLATION OF ANY OF THE TERMS OF THE SAID ORDINANCE OR OF ANY REGULATIONS PROMULGATED UNDER AND 114 CONFORMITY 'WITH AND BY THE AUTHORITY OF SAID ORDINANCE; DECLARING AN EMERGENCY. BE IT ORDAINED, BY THE BOARD OF TRUSTEES, OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO: ARTICLE I: DEFINITIONS. SECTION 1. Whenever in this Ordinance the following terms are used, they shall have the purpose of this Ordinance only, the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: CROSS WALK: That portion of the roadway included within the lines painted and marked on the roadway. MOTOR VEHICLE: Every vehicle as herein defined, which is self-propelled. OPERATOR: Any person who is in actual physical control of a vehicle. PARK: To stand a vehicle, whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading or unloading of per - sons or materials. PEDESTRIAN: Any person afoot. PERSON: Every natural person, firm, partnership, corporation or association. RESIDENCE DISTRICT: The territory continguous to a street not comprising a business district when the frontage on such street for a distance of three hundred feet is mainly occupied by dwellings. RIGHT-OF-WAY: The privilege of the immediate use of the street. SAFETY ZONE: That marked portion of a roadway reserved for exclusive use of Pedestrians. SIDLUM: That portion of a street between the curb line and the adjacent property line. STREET: Every way set aside for public travel except bridle paths and foot- paths. THROUGH STREET: Any specially designated street at which all classes of cross traffic are required to stop before entering or crossing such through street. TRAFFIC: Vehicles and pedestrians, either singly or together, while using any street for purposes of travel. VEHICLE: Every device or animal by which any person or property is or may be transported or drawn upon a street, excepting devices moved by human power or used exclusively upon stationary rails. For the purpose of this Ordinance, a bicycle shall be deemed a vehicle. ARTICLE II. AUTHORITY OF POLICE -- TRAFFIC SIGNS AND SIGNALS. SECTION 2. OBEDIENCE TO POLICE: Officers of the police department are hereby authorized to direct all traffic in accordance with the provisions of this Ordinance, or in emergencies as public safety or convenience may require, and it shall be un- lawful for any person to fail or f'efuse to comply with any lawful order, signal or direction of a police officer. Except in case of emergency it shall be unlawful for any person unauthorized by the chief of police to direct or attempt to direct traffic. SECTION 3. SIGNS AND SIGNALS: The Board of Trustees shall determine and designate the character of all official warning and direction signs and signals. It shall be their duty to place and maintain or cause to be placed and maintained, all official signs and signals herein required. ;_All signs and signals designated for a particular purpose shall be uniform, and space shall be provided for the em- blem of the erecting authority. SECTION 4, OBEDIENCE TO TRAFFIC SIGNS AND SIGNALS: It shall be unlawful for any operator to disobey the instructions of any traffic sign or signal placed in accordance with the provisions of this Ordinance. No person shall erect or place any barrier or sign directing traffic in any street, unless a type approved by the Board of Trustees. ARTICLE III: PEDESTRIANS SECTION 5. PEDESTRIAN'S RIGHT- OF-WAY AT INTERSECTIONS: (a) It shall be un- lawful for the operator of any vehicle to drive into any cross walk without the ex- ercise of unusual care. (b). It shall be unlawful for the operator of any vehicle to drive into any unmarked crosswalk while there is in such crosswalk upon the half of the roadway upon which such vehicle is traveling any pedestrian engaged in crossing the road- way, until such pedestrian shall have passed beyond the path of said vehicle. (c). The operator of a vehicle shall stop before entering any cross -walk when any vehicle proceeding in the same direction is stopped at such cross walk for the purpose of permitting a pedestrian to cross. - 2 - (d). The operator of a vehicle shall not pass any other vehicle which has been stopped at a cross walk by an automatic signal or traffic officer until the said stopped vehicle shall have crossed said cross walk, except that where a vehicle has at said crosswalk for the purpose of making a turn in accord with traffic regulations this provision does not apply. SECTION 6. PEDESTRIAN'S LIMITED RIGHT TO USE OF ROADWAY: At no place shall a pedestrian cross any roadway other than by the most direct route to the opposite curbing, and when crossing at aiy place other than a crosswalk, shall yield the right-of-way to all vehicles upon the roadway. No person shall stand or loiter in any roadway other than in a safety zone if such act interferes with the lawful movement of traffic. It shall be unlawful for any person to stand in a roadway for the purpose of or while soliciting a ride from the operator of any vehicle. SECTION 7, PEDESTRIANS TO OBEY SIGNALS: At intersections where traffic is directed by a police officer or by a stop and go signal, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic, if such crossing interferes with the lawful movement of traffic. ARTICLE IV. RULES FOR DRIVING. SECTION 8. SPEED, RECKLESS DRIVING: (a) No person shall drive ant vehicle at a greater speed than is reasonable and proper, having due regard for the traf- fic and the use of the streets or so as to endanger the life or limb or injure the property of any person. Rates of speed in excess of the following are prima facie evidence of violation of this section. VEHICLES WHICH ARE DESIGNED AND USED FOR THE CARRYING OF NOT MORE THAN SEVEN PASSENGERS: 1. FIFTEEN MILES AN HOUR when approaching within fifty feet of a grade crossing of any steam, electric or street railway when the operator's view is obstructed. An operators view shall be deemed to be obstructed when at any time during the last two hundred feet of his approach to such crossing he does not have a clear and uninterrupted view of such railway crossing and of any traf- fic on such railway for a distance of four hundred feet in each direction from such crossing. 2. FIFTEEN MILES AN HOUR when passing a school during school recess or while children are going to or leaving school during opening or closing hours. — 3 — 3. FIFTEEN MILES AN HOUR when passing a public playground on any day when said playground is open and in operation. 4. FIFTEEN MILES AN HOUR when approaching within fifty feet,and fifteen miles an hour in traversing an intersection of streets. 5. FIFTEEN MILES AN HOUR in traversing or going around curves or traversing a grade upon a street when the operator's view is obstructed within a distance of one hundred feet along such street in the direction in which he is proceeding. 6. TWENTY MILES AN HOUR on any street in a business district, as defined herein, when traffic on such highway is controlled at intersections by traffic officers or traffic signals. 7. FIFTEEN MILES AN HOUR on a;2 other streets in a business district, as defined herein. 8. TWENTY MILES AN HOUR in a residence district, as defined herein, and in public parks unless a different speed is fixed and duly posted. In every charge of violation of this section the warrant of arrest, also the summons or notice to appear, shall specify the speed at which the defendant is al- leged to have driven, also the speed which this section declares shall be prima facie lawful at the time and place of such alleged violation. (b) Any person who drives any vehicle upon a street carelessly and heed- lessly in willful or wanton disregard of the rights or safety of others, or with- out due caution or circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driv- ing and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, together with costs, and in default of the payment of such fine and costs, be confined in the county jail at the rate of one day for each $1.50 of the fine imposed, and while so confined may be required to perform hard labor upon the streets or elsewhere for the benefit of the Village of Chubbuck. SECTION 9, CLEAR VISION. It shall be unlawful to operate any vehicle which is so loaded or the windshield or dide windows of which are in such condition that the operator does not have a clear vision of all parts of the roadway essential to the safe operation of said vehicle. Any vehicle that is so constructed or in such condition as to obstruct the operator's view of the roadway to the rear of said ve- hicle shdl be equipped with a mirror so attached that it will afford the operator a view of the roadway behind him. -4- SECTION 9a. It is hereby declared to be unlawful to operate any motor vehicle on the streets of the Village Of Chubbuck wherein more than three persons are seated in the driver's seat of said automobile or wherein any person is riding on the running board or fenders. SECTION 10, OPERATOR'S SIGNALS: No operator of a vehicle shall suddenly start, slow down, stop, back, or attempt to turn without first giving a suitable signal in such a mamer as to apprise others who tight be affected by his action. The following nationally recognized arm signals are hereby adopted as stand- and for the purpose of this section: LEFT TURN: Left arm extended horizontally. RIGHT TURN: Left forearm extended and raised at an angle of approximately forty -five degrees above horizontal. SLOW DOWN OR STOP: Left arm extended at an angle of approximately forty- five degrees below horizontal. SECTION 11, RIGHT-OF-WAY: When two vehicles approach or enter an inter- section at approximately the same time, the driver of the vehicle on the left shall yield the right -of -way to the vehicle on the right. The driver of any ve- hicle traveling at an unlawful speed shall forfeit any right -of- My which he might otherwise have hereunder. SECTION 129 DRIVING ON THE RIGHT SIDE OF ROADWAY: An operator of a vehicle shall turn toward the right side of the roadway so far as may be necessary in order to avoid collision with said vehicle. Further provided that it shall be unlawful to operate any vehicle upon the left side of any roadway. SECTION 13, OVERTAKING ANOTHER VEHICLE: Any operator upon overtaking an- other vehicle shall pass on the left side of the overtaken vehicle. The driver of a vehicle upon a highway about to be overtaken by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and when overtaken, the driver of such vehicle shall not increase the speed of his vehicle until completely passed by the other vehicle. SECTION 14, METHOD OF APPROACHING FOR LEFT TURN: The operator of any vehicle intending to turn to the left on intersection or into an alley or driveway shall approach the point of turning in the traffic lane nearest the center of the road- way, - 5 - SECTION 15. METHOD OF APPROACHING FOR RIGHT TUIN: The operator of a vehicle intending to turn to the right at an intersection shall approach the point of turn- ing in the traffic lane nearest the right hand edge or curb of the roadway. SECTION 16. DRIVING FROM ALLEYS, DRIVEWAYS OR GARAGES: The operator of a vehicle emerging from an alley, driveway or garage shall stop such vehicle immediately prior to driving onto a sidewalk, sound the horn of said vehicle, and shall exercise un- usual care in driving upon said sidewalk. SECTION 16a. DRIVING FROM CURB: Cars emerging from the curb shall give other vehicles in the traffic lane the right-of-way at all times, and may emerge from the curb only when the lane of traffic from the rear is clear for a reason- able dibtance. SECTION 17. TRAFFIC NOT TO BE OBSTRUCTED: No vehicle shall be operated or allowed to remain upon any street in such a manner as to form an unreasonable ob- struction to the traffic thereon. SECTION 18, TRAFFIC LANES: The Board of Trustees is hereby authorized to mark traffic lanes upon the roadway where a regular alignment of traffic is neces- sorry. Where such lanes have been marked and signs have been erected instructing drivers to keep in line it shall be unlawful for any operator to fail or refuse to keep his vehicle within the designated boundaries. SECTION 19, VEHICLES NOT TO BE DRIVEN ON SIDEWALKS OR SAFETY ZONES: No operator of a vehicle shall drive within any sidewalk area, except at a permanent or temporary driveway, nor at any time into or upon any portion of a roadway marked as safety zone. SECTION 20. UNNECESSARY NOISE: It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise. ARTICLE V. REGULATIONS RESPECTING OPERATORS AND THE EQUIPMENT AND CONDITIONS OF VEHICLES. SECTION 21. DRIVER AGE LIMIT: It shall be unlawful for the owner of any motor vehicle to permit any person under the age of sixteen years to operate any vehicle, bicles excepted, upon any street; and it shall be unlawful for the owner of any motor vehicle to permit any person who is under eighteen years, unless ac- companied by an adult person, to so operate such vehicle. -6- SECTION 22, INTOXICATED OPERATORS: It shall be unlawful for any person while in an intoxicated condition or under the influence of narcotic drugs to operate, or attempt to operate any vehicle. Any person who shall violate any provisions of this section shall, upon confction thereof, for each and every offense, be pun- ished by a fine of not more than One Hundred Dollars for any one offense, together with costs, and in default of the payment of such fine and costs, be confined in the county jail at the rate of one day for each $1.50 of the fine so imposed, and while so confined may be required to perform hard labor upon the streets or else- where for the benefit of the Village of Chubbuck, SECTION 23. DUTY OF OPERATOR IN ACCIDENTS: Ih shall be unlawful for the operator of a vehicle which has collided with any vehicle or person in such a manner as to cause injury or death to any person or property damage, to fail or refuse to stop immediately to ascertain the extent of such injury or damage, to render such assistance as may be needed, to give his true name and residence to the injured person or any other persons requesting the same, and to a police officer, or if no police officer is present then to the nearest police station. SECTION 24, PROJECTING LOADS: No vehicle shall have any part of its load projecting beyond the front end of said vehicle nor projecting more than thirteen feet beyond the center line of the rear end of the bed or body of any vehicle, ex- clusive of the tail gate when lowered, a greater distance than three- fifths of the total length of such bed or body, SECTION 25, WARNING ON PROJECTING LOADS: Any vehicle having a load project- ing more than four (4) feet beyond the rear of the body of said vehicle, between the hour of sunrise and the hour of sunset, must have firmly attached to the ex- treme end of the projecting load, in such a way as to be seen by persons approach- ing from either side at the rear of said vehicle, a red cloth not less than eighteen inches square, an d during the period from the hour of sunset to the hour of sunrise, the next day, must have a red light firmly attached to the rear end of such project- ing load. Such red light shall be in addition to any other light required to be carried by vehicles under any law of the state or any ordinance of the village in regard to vehicles. SECTION 26, MUFFLER REQUIRED: No vehicle shall be operated upon any street unless the same is provided with a muffler in efficient and actual working con- dition and the use of a cut -out is forbidden, - 7 - SECTION 27. BRAKES: It shall be unlawful to operate any motor vehicle upon any street unless said vehicle is equipped with good and sufficient brakes in ef- ficient working condition, or to operate aiy vehicle which is so loaded that the operator does not have ready access to the mechanisms operating the brakes of said vehicle. SECTION 28, LIGHTS: It shall be unlawful to operate a vehicle the lights of which do not conform to the following provisions: From one hour after sunset to sunrise, a motorcycle shall carry one lighted lamp, and every other vehicle two lighted lamps showing white light, or lights of a yellow or amber tint which shall produce a driving light sufficient to render clearly discernible a person 200 feet ahead in the direction toward which the motorcycle or vehicle is proceed- ing. The head lamps of motor vehicles shall be so constructed so that they will not project a glaring or dazzling light to persons in front of such head lamp, such lamps shall be deemed to comply with the foregoing provisions if none of the main bright portion of the head lamp beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands, and in no case higher than forty -two inches, seventy -five feet ahead of the sehicle. Each motor vehicle or trailer shall exhibit at least one lighted lamp so situated as to show a red light visible in the reverse direction. No vehicle, except fire apparatus, police patrols or ambulances shall show a red or green light in the direction in which that motor vehicle is proceeding. The number plate shall be so lighted that the numbers shall be plainik. legible at a distance of 50 feet. From one hour after sunset to sunrise every vehicle which is standing on any road shall display a light on the front and rear, unless the said vehicle shall be within twenty -five feet of and plaintly illuminated by a street light. ARTICLE VI. PENALTIES. SECTION 29. PENALTIES: Any person violating any of the provisions of this ordinance, or any rule or regulation made in compliance therewith, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed One Hundred Dollars for any one offense, together with costs, and in default of the payment of such fine and costs be confined in the county jail at the rate of one day for each $1.50 of the fine imposed, and while so confined may be required to perform - 8 - hard labor upon the streets or elsewhere for the benefit of the Village of Chubbuck. ARTICLE VII. CONSTITUTIONALITY. SECTION 30. YCONSTITUTIONALITY: If any part or parts of this Ordinance shall be held to be unconstitutional or invalid such unconstitutionality or invalidity shall not effect the validity of the xwmaining parts of this act. It is hereby declared that the remaining parts of this Ordinance mould have been passed had it been known that such part or parts thereof would be declared unconstitutional. SECTION 31. This Ordinance shall be in full force and effect from and after its passage, approval and due publication, as provided by law. PASSED AND APPROVED this $ day of May, 1951. CHURMAN., BOARD OF TRUSTEffi ATTEST: VILLAGE K. s t;.