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0159 Speed Limits 1975ORDINANCE NO. 5- 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 VEHICLF^9 MAY BE OPERATED WITHIN TEE CITYt RECITING THAT A TRAFFIC AND ENGINEERING STUDY HAS BEEN CONDUCTED TO FO~~, THE BASIS FOR ESTABLISH- ING PARTICULAR SPEED LIMITS; DEFINING "VEHICLE" FOR THE PURPOSE OF THIS ORDINANCE; PRESCRIBING SPEED LIMITS FOR OPERATION OF VEHICLES WITHIN THE CITYl AUTHORIZING THE POSTING OF SUCH SPEED LIMITS IN A MAhrNER CONSISTENT WITH THE MANUAL AND SPECIFICATIONS ADOPTED BY THE IDAHO DEPART- MENT OF TRANSPORATION ( OR ITS SUCCESSOR AGENCY) AS NOW IN EFFECT AND AS IT MAY HERFAFTER BE AMENDED: IMPOSING CRIMINAL PENALTIES FOR VIOLATION OF THIS ORDINANCE! HE- PF~ALING ALL PRIOR ORDINANCES IN CONMLICT WITH THIS 0RDI- NANCE TO THE EXTENT OF SUCH CONFLICT~ PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE~ AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO~ SECTION It Declaration of pollcy. The Mayor and Council of the City of Chubbuck, Idaho, f~nd and therefore declare as a matter nf publlc pollcy that the health, ,~afety and welfare of the lnhab- tt~nts of the City, as well as of persons visiting the City, re- quire that reasonable l~m~ts be Imposed upon the speed at which veh~lces may be operated within the City. SECTION 2, Recltal of study. In reco~nitlon of the need to impose reasonable speed limits, the Mayor and Council have char~ed the City's Trafflc, Safety and Beautification Committee to conduct traffic surveys, to consult the City Engineer, to obtain the assls- tahoe of the Idaho Department of Transportation, and to recommend reasonable sp~ed limits for the Clty. The Committee havln~ conducted ~ts study and havtn~ presented its findtn~s in publlc meett~ before the Mayor and City Council, and the Mayor and Council havln~ consid- ered such f~ndtn~s to~ether wlth public comment thereon as the basis for establishing particular llmlts set forth below, the followlnm defln~tton and l~mltatlons are hereby adopted. SECTION 3, ~f~nl.t. lon of ~vghl~le. As used ~n this ordinance, -1- the term "vehicle" means every device, including a device powered by a motor or otherwise self-propelled, and includin~ a bicycle, in; upon or by which any person or property is or may be trans- ported or drawn alon~ the surface of the earth, except devices Moved by human power (ot~her than bicycles) or used exclusively upon stationary rails or tracks. SECTION 4, ~.peed llm!t~ .for_ .op.~ratton of vehi_cles in the city. A. No person shall operate a vehicle upon a hl~hway, 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 ~reater than is reasonable and prudent under the conditions and having re~ard 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 entering the highway, street, road, lane or way in compli- ance with legal requirements and the duty of all persons to use d me care. B. Where no special hazard exists that requires lower speed for coml~liance with subsection (A)above, the speed of any vehlcles not in excess of the limits specifle~ In th~s sect~o~ shall be lawful, but any s~e~ In excess of the limits ~n th~s sectto~ shall be prima facie evidence that the spee~ ~s ~ot reaso~ble or ~rude~t a~ that ~t ~s unlawful, (1~ Th~rty-five (35) miles ~er hour or such other l~t as the Idaho De~rtme~t of Transportation (or 1ts successor a~e~cy~ may es~bl~sh, u~o~ a~y highway, street, road, la~e or way w~th~n the city which ~s ~rt oF the highway system ma~talne~ the ~da~o De~rtment of T~nsportation (or ~ts successor a~ency). ~2) Th~rty-five (35) ~lles per hour on Pole Line as ~t e~tends from the ~tersect~on w~th Yellowstone Avenue to the southerly boundary o~ the c~ty. (~ Thirty (~0) ~iles per hour on ht~hways,.streets, roa~s, lanes or ways w~thl~ the c~ty which are des~nate~ here~ -2- or which are subsequently deslonated by resolution of the Mayor and City Council as .#arterlal thoroughfares.' The designation "arteria$ 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 followin~ hi~hways, 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, Post~ng ,of limits. The Chief of Police, or other city official or employee designated by the Mayor, is hereby auth- orized 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 public for the purposes of vehicular travel. Such posting shall be consistent with the standards for traffic-control devices contained in the manual and specifications adopted by the Idaho Department of Transportation, as now in effect and as they may hereafter be amended. SECTION 6, Criminal pen~.!~es. Pursuant to Idaho Code sectior~ 4q-?03, the speed limits set forth herein shall be deemed to supple-! ment those set forth in Idaho Code section 49-?01(B), as now in effect and as it may hereafter be'~.amendedl and violation of these speed limits shall be deemed a misdemeanor a~fstng under Idaho Code section ~9-?01(B) and shall be punishable in the manner prescribed by the Idaho Motor Vehicle Code, comprisin~ Title $9 of the Idaho Cod e. SECTION ?t Repeal. Ail prior ordinances and parts thereof ~iwhich conflict and cannot be reconciled with the provisions of this ordinance, are hereby repealed to the extent of such irreconcilable conflict. SECTION 8, Sever~bilit¥, If any section, paragraph, subpara- graph, clause or provision of this ordinance is held invalid for any reason by any court of competent Jurisdiction, such hold in~ shall .not affect the 9slld~ty or enforceability of any of the remainin~ provisions. SECTION 9t Effective become ~ate. This ordi~nce shall effective upon its ,1~, Ssa~'~ approval and publication ~s provide~ by law o PASSED BY THE COUNCIL AND APPROVED B~ THE MAYOR of the City of Chubbuck, Idaho, this ,,.,/',~'~'~J~' d.y of X~':~"-~'~{C2. , 19/..fi-.., I ATTF~T~ ~lty Clerk ,'Wayor -4-