Ordinance 74-26    Traffic Regulations

 

 

        An ordinance establishing Traffic regulations for the City of Horn Lake, Mississippi in accordance with the provisions of Section 63-3-209 of the Mississippi Code 1972 Annotated with the provisions of the uniform Highway Traffic Law Rules of the Road.

 

 

        Be it resolved by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi:

 

Traffic Regulations for City of Horn Lake, Mississippi

 

Article I.  General and Administrative Provisions

 

Section 12-1.  Short Title

        This ordinance may be known and cited as the Traffic Regulations for the City of Horn Lake, Mississippi.

 

Section 12-2.  Definitions

        The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed t them in this section.  Whenever any words and phrases are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition shall be deemed to apply to such words and phrases used herein.

 

Authorized Emergency Vehicle:      Vehicles of the fire department (fire patrol), police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designed or authorized by the Chief of Police.

 

Bicycle:                      Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than twenty (20) inches in diameter.

 

Central Business District:     The territory contiguous to and including a highway when within any six hundred (600) feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.

 

Commercial Vehicle:    Every vehicle designed, maintained, or used primarily for the transportation of property.

 

Controlled-Access Highway:  Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

 

Crosswalk:                 (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway.              (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians crossing by lines or other markings on the surface.

 

Curb Loading Zone:     A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

 

Driver:                       Every person who drives or is in actual physical control of a vehicle.

 

Freight Curb Loading Zone:   A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.

 

Highways:                  The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of public for purposes of vehicular travel.

 

Intersection:              (a) The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.        (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, than every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two (2) roadways shall be regarded as a separate intersection.

 

Laned Roadway:          A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

 

Motor Vehicle:            Every vehicle which is self-propelled and every vehicle, which propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

 

Motorcycle:                 Every motor vehicle having a seat or 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.

 

Official Time Standard: Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in the city.

 

Official Traffic-Control Devices:     All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

 

Park or parking:          The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers.

 

Passenger Curb Loading Zone:      A place adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers.

 

Pedestrian:                Any person on foot.

 

Person:                      Every natural person, firm co partnership, association or corporation.

 

Police Officer:             Every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.  And/or make physical arrest for misdemeanors and felonies.

 

Private Road or Driveway:     Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

 

Railroad:                    A carrier of persons or property upon cars operated upon stationary rails.

 

Railroad Train:            A steam engine, electric, diesel or other motor, with or without cars compelled thereto, operated upon rails.

 

Residence District:      The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved wit residences or residences and buildings in use for business.

 

Right-of-Way:             The privilege of the immediate use of the roadway.

 

Roadway:                   That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  In the event a highway includes two (2) or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately but not to all such roadways collectively.

 

Safety Zone:              The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

 

Sidewalk:                   That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

 

Stand or Standing:      Means of halting of a vehicle, whether occupied or not, otherwise than for the purpose of a while actually engaged in receiving or discharging passengers.

 

Stop:                         When required means complete cessation from movement.

 

Street or Highway:      The entire width between the boundary lines of every way publicity maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

 

Through highway:        Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience in either a stop sign or yield sign, when such signs are erected as provided in this chapter.

 

Traffic:                      Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel.

 

Traffic-Control Signal:  Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.  Or to direct traffic in any specific direction.

 

Traffic Division:           The traffic division of the police department of this city, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of this city.

 

Vehicle:                     Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices mover by human power or used exclusively upon stationary rails or tracts.

 

 

Section 12-3.  Traffic Division Established; Supervision

        There is hereby established in the police department of this city a traffic division to be under the control of the Chief of Police or an officer of police appointed by and directly responsible to the Chief of Police.

 

 

Section 12-4.  Duties of Traffic Division

        It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of this city and all of the State vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic safety coordinator and other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said division by this chapter and the other traffic ordinances of this city. 

 

 

Section 12-5.  Records of Traffic Violations

(a) The police department of the traffic division thereof shall keep a record of all violations of the traffic ordinances of this city or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses.  Such record shall be so maintained as to show all types of violations and the total of each.  Said record shall accumulate during at least a five (5) year period. 

(b) All forms for records of violations and notices of violations shall be serially numbered.  For each month and a year a written record shall be kept available to the public showing the disposal of all such forms.

(c)  All such records and reports shall be public records.

 

 

Section 12-6.  Traffic Division to Investigate Accidents

        It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

 

 

Section 12-7.  Traffic Accident Studies

        Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the traffic safety coordinator in conducting these studies of such accidents and determining remedial measures.

 

 

Section 12-8.  Traffic Accident Reports

        The traffic division shall maintain a suitable system of filing traffic accident reports.  Accident reports or cards referring to them shall be filed alphabetically by location.  Such reports shall be available for the use and information of the traffic safety coordinator.

 

 

Section 12-9.  Driver’s files to be Maintained

(a) The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be files alphabetically under the name of the driver concerned.

(b) Said division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident, and shall attempt to discover the reasons therefore and shall attempt to discover the reasons therefore and shall take whatever steps are lawful and reasonable to prevent the same or to have the licenses of such persons suspended or revoked.

(c)  Such records shall accumulate during at least a five (5) year period and from that time on such records shall be maintained complete for at least the most recent five (5) year period.

 

 

Section 12-10.  Traffic Division to Submit Annual Traffic Safety Report

        The traffic division shall annually prepare a traffic report, which shall be files with the Board of Aldermen and Mayor.  Such reports shall contain information on traffic matters in this city as follows:

 

(a) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

(b) The number of traffic accidents investigated and other pertinent data on the safety activities of the police;

(c)  The plans and recommendations of the division for future traffic safety activities.

 

 

Section 12-11.  Traffic Division to Designate Method of Identifying Funeral Processions

        The traffic division shall designate a type of pennant or other identifying insignia to be displayed upon, or other method to be employed to identify, the vehicles in funeral procession.

 

 

Section 12-12.  Traffic Safety Coordinator Appointed; General Powers, Duties

(a) The Chief of Police of the city is hereby appointed as Traffic Safety Coordinator.  He shall exercise the powers and duties as provided in this chapter and in the traffic ordinances of this city.

(b) It shall be the general duty of the Traffic Safety Coordinator to determine the installation and proper timing and maintenance of traffic-control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigation of traffic conditions, to plan the operation of traffic on the streets and highways of this city for the purpose of making recommendation to the city board in regard thereto, and to cooperate with other city officials in the development ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of this city.

 

 

Section 12-13.  Emergency and Experimental Regulations

(a) The Traffic Safety Coordinator is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make and enforce temporary or experimental regulation shall remain in effect for more than ninety (90) days

(b) The traffic Safety Coordinator may use traffic-control devices under actual conditions of traffic.

 

 

Section 12-14.  Traffic Commission Created; Membership; Powers and Duties

(a) There is hereby established a traffic commission to serve without compensation consisting of the Mayor, the city prosecutor, a representative of traffic division designated by the Chief of Police, the Fire Chief and two (2) citizens’ representatives appointed by the Board of Mayor and Aldermen.  The chairman of the commission shall be appointed by the Mayor and may be removed by him.

(b) It shall be the duty of the traffic commission, and to this end it shall have the authority within the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the Board of Mayor and Aldermen and to the Safety Traffic Coordinator, the Chief of the Traffic Division, and other city officials ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

 

 

Section 12-15.  State Operator’s License Required

        No personal shall drive any motor vehicle within the city without first securing a state operator’s license therefore as prescribed by sections 8091 through 8125 of the Mississippi Code Annotated of 1942 and the amendments thereto.

 

 

Sections 12-16 through 12-25 Reserved.

 

 

Article II.  Enforcement and Obedience to Traffic Regulations

 

Section 12-26.  Authority, duty of Police and Fire Department Officers Generally

(a) It shall be the duty of the officers of the police department or such officers as are assigned by the Chief of Police to enforce all street traffic regulations of this city and all of the state vehicle regulations applicable to street traffic in this city.

(b) Officers of the police department or such officers as are assigned to street, Chief of Police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic regulations, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic regulations.

(c)  Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereas or in the immediate vicinity.

 

 

Section 12-27.  Obedience to Regulations Required

        It is a misdemeanor for any person to do any act forbidden or fail to perform any act required by this chapter or any other traffic ordinance or regulation.

 

 

Section 12-28.  Obedience to Police and Fire Department Officers Required

        No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official.

 

 

Section 12-29.  Applicability to Persons Propelling Pushcarts, Riding Animals

        Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have not application.

 

 

Section 12-30.  Use of Coasters, Roller Skates, etc., Restricted

        No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the right 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 as authorized by ordinance of this city.

 

 

Section 12-31.  Obedience by Public Employees

        The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this state, country, or city, and it shall be unlawful for any said driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute.

 

 

Section 12-32.  Privileges Granted Authorized Emergency Vehicles

(a) The driver of and authorized emergency vehicle, when responding to an emergency call or when in the pursuit of actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;

(3) Exceed the maximum speed limits so long as he does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c)  The exemption herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle wile in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequence of his reckless disregard for the safety of others.

 

 

Section 12-33.  Operation of Vehicles upon approach of Authorized Emergency Vehicle

(a) Upon immediate approach of an authorized emergency vehicle making use of audible signals meeting the requirements of the laws of this state, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This section shall operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

 

Section 12-34.  Immediate Notice of Accident Required

(a) The driver of a vehicle involved in an accident resulting in injury or death of any person or property damage to an apparent extent of fifty dollars ($50.00) or more shall immediately by the quickest means of communication give notice of such accident to the police department if such accident occurs within the city.

(b) The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of fifty dollars ($50.00) or more shall within five (5) days after such accident, forward a written report of such accident to the police department, or a copy of any report he is required too forward to the state.  The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while such driver was present thereat.

 

Section 12-35.  Accident reports when Driver Unable to report

        Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 12-34 (a) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given the notice not given by the driver.

 

Section 12-36.  Accident Reports Confidential

        All accident reports made by person involved in accidents shall be without prejudice to the individuals so reporting and shall be for the confidential use of police department or other governmental agencies having use for the records for traffic purposes, except that the identity of a person involved in an accident may be disclosed hen such identity is not otherwise known or when such person denies his presence at such accident.  No reports or information mentioned in this section shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the police department shall furnish upon demand of any party to such trial, or upon demand of any court a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made to the department.

 

Section 12-37.  Garage Keeper to Report Damaged Vehicle

        The persons in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullets shall report to police headquarters of the city within twenty-four (24) hours after such motor vehicle is received, giving the engine number and the name and address of the owner or operator of such vehicle.

 

Section 12-38.  Vehicles at scene of accident – Authorized Emergency Vehicle Restricted

(a) It shall be unlawful for any ambulance or wrecker to go to the scene of any motor vehicle accident within the city unless such ambulance or wrecker has been called by the owner or operator of a motor vehicle involved in an accident or by police or fire department.

(b) It shall be the duty of every police officer of the city investigating a motor vehicle accident on the streets within the city to notify the radio dispatcher through the use of the police radio system in the event that such officer needs the assistance of additional policemen or if an ambulance or wrecker is needed at the scene of the accident.

 

Section 12-39.  Same-Dispersement of Other Vehicles

        It shall be the duty of every police officer investigating a motor vehicle accident on the streets within the city, upon arrival at the scene of such accident, including ambulances, trucks, wreckers, or any other motor vehicle, from the scene of such accident if the opinion of such officer such vehicles are interfering or hindering with the investigation of such accident or are interfering or hindering the flow of traffic at the point of such accident.

 

Sections 12-40 through 12-47.  Reserved

 

Article III.  Traffic Violations Bureau

 

Section 12-48.  Created

(a)The municipal judge shall establish a traffic violations bureau to assist the court with the clerical work of traffic cases.  The bureau shall be in charge of such person or persons and shall be open at such hours as the municipal judge may designate.

(b)The municipal judge who hears traffic cases shall designate the specified offenses under the traffic ordinances and regulations of the city and the state traffic laws in respect to which payments of fines may be accepted by the traffic violations bureau in satisfaction thereof, and shall specify by suitable schedules the amount of such fines for first, second, and subsequent offenses, provided such fines are within the limits declared by law or ordinances, and shall further specify what number of such offenses shall require appearance before the municipal judge.

 

Section 12-49.  When a person charged may elect to appear at bureau or before magistrate

(a) Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail, and upon a plea of not guilty shall be entitled to a trial as authorized by law.

(b) The payment of a fine to the bureau shall be deemed an acknowledgment of conviction of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof.

 

Section 12-50.  Duties of Bureau

        The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses:

(a) It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guilty, waive court appearance, and give power of attorney.

(b) It shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if any, to be present.

(c)  It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding twelve (12) months, whether such guilt was established in court or in the traffic violations bureau.

 

Section 12-51.  Records Required

        The traffic violations bureau shall keep records and submit summarized monthly reports to the city judge of all notices issued and arrests made for violations of the traffic laws, ordinances and regulations in the city and of all of the fines collected by the traffic violations bureau of the court, and of the final disposition or present statute of every case of violations of the provisions of said laws, ordinances and regulations.  Such records shall be so maintained as to show all types of violations and the total of each.  Said records shall be public records.

 

Section 12-52.  Procedures for Bureau

        The traffic violations bureau shall follow such procedure as may be prescribed by the board of mayor and aldermen or as may be required by any laws of this state.

 

Sections 12-53 through 12-62.  Reserved.

 

 

Article IV.  Penalties and Procedures on Arrests

 

Section 12-63.  Violation of Chapter Provisions, Penalty

        Unless another penalty is expressly provided by this chapter, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days for the first such violation; by a fine of not more than two hundred dollars ($200.00) or by imprisonment for not more than twenty (20) days or by both such fine or imprisonment for the second violation within one year thereafter; and by a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than ninety (90) days or by both such fine or imprisonment for the third violation within one year after the first such conviction.

 

Section 12-64.  Duties of Arresting Officers

        Except when authorized or directed under state law to immediately take a person before a magistrate for the violation of any traffic laws, a police officer who halts a person for such violation other than for the purpose of giving him a warning or a warning notice and does not take such person into custody under arrest, shall take the name, address, and operator’s license number of said person, the registered 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 Clerk a traffic citation containing a notice to answer to the charge against him in the municipal court at a time to be specified in said citation.  The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody.

 

Section 12-65.  Forms and Records of Citations and Arrests

(a) The City Clerk shall provide books to include traffic citation forms for notifying alleged violators to appear and answer to charges of violating traffic laws, ordinances and regulations in the municipal court.  Said books shall include serially numbered sets citations in quadruplicate in the form prescribed and approved jointly by the city judge and the Chief of Police.

(b) The City Clerk shall issue such books to the Chief of Police or his duly authorized agent and shall maintain a record of every book so issued and shall require a written receipt for every such book.

(c)  The Chief of Police shall be responsible for the issuance of such books to individual members of the police department.  The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.

 

Section 12-66.  Disposition and Records of Citations, Warrants and Complaints

(a) Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of the state or of any traffic ordinance or regulation of this city shall deposit the original and duplicate copy of the citation with his immediate superior officer, 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.  The second duplicate copy of the citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the City Clerk together with such book when all traffic citations therein have been used.

(b) Upon the filing of such original citation in the municipal court as aforesaid, said citation may be disposed of only by trial in said court or by other official action by a judge of said court, including forfeiture of bail or by payment of a fine to the traffic violations bureau of said court.

(c)  The Chief of Police shall require the return to him of each traffic citation and all copies thereof, except that copy required to be retained in the book provided herein, which has been spoiled or upon which any entry has been made and has not been issued to an alleged violator.

(d) The Chief of Police shall also maintain or cause to be maintained in connection with every traffic citation issued by a member of the police department a record of the disposition of the charge by the municipal court or its traffic violations bureau.

(e) The Chief of Police shall also maintain or cause to be maintained a record of all warrants issued by the municipal court or by any other court on said traffic violation charges and which are delivered to the police department for service, and of the final disposition of all such warrants.

(f)   If shall be unlawful and official misconduct for any member of the police department or other officer or public employee to dispose of, alter or deface a traffic citation or any cop thereof, or the record of the issuance or disposition of any traffic citation, complaint, or warrant, in a manner other than as required in this section.

 

Section 12-67.  Illegal Cancellation of Citations

        It shall be unlawful for any person to cancel or solicit the cancellations of any traffic citation in any manner other than as provided by this article.

 

Section 12-68.  When Citation deemed Lawful Complaint

        In the event the form of citation provided under section 12-65 includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.

 

Section 12-69.  Failure to Obey Citation

        It shall be unlawful for any person to violate his written promise to appear given to an officer upon issuance of a traffic citation regardless of the disposition of the charge for which such citation was originally issued.

 

Section 12-70.  Citation Required or Illegally Parked Vehicle

        Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by this code, city ordinance or regulation or by state law the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation, on a form provided by the city clerk, for the driver to answer to charge against him within five (5) days during the hours and at a place specified in the citation.

 

Section 12-71.  Failure to Comply with Citation of Parked Vehicle

        If a violator of the restrictions on stopping, standing or parking under the traffic laws, ordinances or regulations does not appear in response to a traffic citation affixed to such motor vehicle within a period of five (5) days the traffic violations bureau shall send to the owner of the motor vehicle to which the traffic citation was affixed, a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days, a warrant of arrest will be issued.

 

Section 12-72.  Presumption n reference to Illegal Parking

(a) In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and or the time during which, such violation occurred.

(b) The foregoing stated presumption shall apply only when the procedure as prescribed in sections 12-68 and 12-69 has been followed.

 

Section 12-73.  When warrant to be Issued

        In the event any person fails to comply with a traffic citation given to such persons or attached to a vehicle or fails or refuses to deposit bail as required and within the time permitted, the municipal court shall secure and issue a warrant for his arrest.

 

Section 12-74.  Records of traffic Cases; Report of Convictions to Department of Public Safety

(a) The municipal judge shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to said court or its traffic violations bureau, and shall keep a record of every official action by said court or its tragic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount deposited with or presented to said court or traffic violation bureau.

(b) Within ten (10) days after the conviction or forfeiture of bail or a person upon a charge of violating any provisions of this chapter or other law regulating the operation of vehicle on highways the municipal judge shall prepare and immediately forward to the state department of public safety an abstract of the record of said court covering the case in which said person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.  Report need not be made of any conviction involving the illegal parking or standing of a vehicle.

(c)  Said abstract must be made upon a form furnished by the state department of public safety and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture as the case may be.

(d) The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall e grounds for removal there from.

 

Section 12-75.  Disposition of Fines and Forfeiture

        All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter or other traffic law, ordinance or regulation shall be paid into the city treasury.

 

 

Section 12-76.  Authority to Impound Vehicles

(a) Members of the police department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by this city under the circumstances hereinafter enumerated:

(1) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic.

(2) 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.

(3) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(b) Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed.  In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.

(c)  Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the mane of the owner, or for any other reason is unable to give the notice to owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that the event the officer shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle is stored.  Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reason for such removal, and the name of the garage or place where the vehicle is stored.

 

 

Section 12-77 through 12-86.  Reserved

 

 

Article V.  Pedestrians

Section 12-87.  Subject to Traffic-Control Signals

        Pedestrians shall be subject to traffic-control signals as declared in section 12-250, but all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this article.

 

Section 12-88.  Right-of-Way in Crosswalks

(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c)  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

 

Section 12-89.  Pedestrians to use Right Half of Crosswalk

        Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

 

Section 12-90.  Crossing to be at Right Angle

        No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a crosswalk.

 

Section 12-91.  When Pedestrians Yield

(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 all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.

(c)  The foregoing rules in this section have no application under the conditions stated in section 12-92 when pedestrians are prohibited from crossing at certain designated places.

 

Section 12-92.  Prohibited Crossing

(a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

(b) No pedestrian shall cross a roadway other than in a crosswalk in the central business district.

(c)  No pedestrian shall cross a roadway other than in a crosswalk upon any street so designated by the traffic safety coordinator.

 

Section 12-93.  Obedience to Bridge and Railroad Signals

(a) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bride operation signal indication has been given.

(b) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

 

Section 12-94.  Walking along Roadways

(a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

 

Section 12-95.  Soliciting Rides or Business Prohibited

(a) No person shall stand in a roadway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

(b) No person all stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

 

Section 12-96.  Duty of Drivers to Exercise Care

        Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon on a roadway.

 

Section 12-97 through 12-106.  Reserved

 

 

Article VI.  Bicycles

Section 12-107.  Scope of Regulations; Responsibility of Parents, Guardians

(a) It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required of this article.

(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.

(c)  These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

 

Section 12-108.  Applicability of Traffic Laws, Regulations

        Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles, except as to special regulations in this article and except as to those provisions of laws and regulations which by their nature can have no application.

 

Section 12-109.  Obedience to Traffic-Control Devices

(a) Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.

(b) Whenever authorized signs are erected indicating that no right or left or “U” turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to a pedestrian.

 

Section 12-110.  Rider to be on Seat; Number of Riders

(a) A person propelling a bicycle shall not ride other than astride a permanent and regular set attached thereto.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

 

Section 12-111.  Duty to keep to Right, Exercise Care; Riding Abreast; Use of Bicycle Paths Required

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(c)  Wherever a usable path for bicycles has been provided adjacent to a roadway bicycle rider shall use such path and shall not use the roadway.

 

Section 12-112.  Speed

        No person shall operate a bicycle at a speed greater that is reasonable and prudent under the conditions then existing.

 

Section 12-113.  Emerging from Alley, Driveways or Buildings

        The operator of a bicycle emerging from an alley, driveway or building shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicle approaching on said roadway.

 

Section 12-114.  Carrying Articles

        No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one (1) hand upon the handlebars.

 

Section 12-115.  Place, Manner of Parking

        No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the lest obstruction to pedestrian traffic.

 

Section 12-116.  Riding on Certain Sidewalks and Roadways Prohibited; Duties Regarding Pedestrians

(a) No person shall ride a bicycle upon a sidewalk in a business district.

(b) Traffic safety coordinator is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey.

(c)  Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

 

Section 12-117.  Equipment Required on Bicycles

(a) Every bicycle when in use at nighttime shall be equipped with a lighted lamp on the front which shall emit a white light visible under normal atmospheric conditions from a distance of at least five hundred (500) feet to the front and with a red reflector or lamp on the rear of a type which shall be visible under like conditions from a distance of five hundred (500) feet to the rear of such bicycle.

(b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance for of at least one hundred (100) feet, except that a bicycle shall not be equipped with not shall any person use upon a bicycle any siren or whistle.

(c)  Every bicycle shall be equipped with a brake, which will enable the operator to make the brake wheel skid on dry, level, clean pavement.

 

Section 12-118 through 12-127.  Reserved.

 

 

Article VII.  Equipment of Vehicles

Section 12-128.  Brakes Required

        It shall be unlawful to operate a motor vehicle unless the same shall be equipped with at least two (2) brakes and each such brake, or set of brakes shall be of sufficient power and force, when applied, to bring the vehicle when running fifteen (15) miles per hour, to a full stop within thirty (30) feet.

 

Section 12-129.  Flag or light on projecting Load

        Whenever the load on any vehicle shall extend more than four (4) feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such vehicle a red flag not less than twelve (12) inches both in length and width, except that between one-half hour after sunset and one-half before sunrise there shall be displayed at the end of such load a red light plainly visible under normal atmospheric conditions at least two hundred (200) feet from the rear of such vehicle.

 

Section 12-130.  Horns and Warning Devices

(a) Every motor vehicle when operating upon a highway shall be equipped with a horn in good working order, capable of emitting sound audible under normal conditions from a distance of two hundred (200) feet or more, and it shall be unlawful, except as otherwise provided in this section, for any motor vehicle to be equipped with or for any purpose to use upon a vehicle a siren, or any compression or sparkplug whistle, or any exhaust horn or whistle which does not produce a harmonious sound.  It shall also be for any person at any time to use a horn otherwise than as a reasonable warning, or to make any unnecessary or unreasonably loud or harsh sounds by means of horn or other warning device.

(b) Every authorized emergency vehicle shall be equipped with a bell, siren or other exhaust whistle, which may be approved, by the Mayor and Board of Aldermen.

 

Section 12-131.  Horns and Warning Devices

(a) Every vehicle operating upon the highways or streets of the city during the period of one-half hour after sunset to one-half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the street or highway at a distance of two hundred (200) feet, shall be equipped with two (2) lamps, projecting a white light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred (500) feet to the rear of said motor vehicle.

(b) It shall be unlawful to operate any motor vehicle on the streets or highways of the city equipped with a spot light projecting a beam of light in front of such vehicle in addition to the two (2) head lamps required in subsection (a) hereof.  The provisions of this section shall not apply to the operation of authorized emergency vehicles.

 

Section 12-132.  Same Parked Vehicles

        Whenever a vehicle is parked or stopped on a street during the times between one-half hour after sunset and on-half hour before sunrise or at any other time when there is not sufficient light to render clearly discernible any vehicle on the street from a distance of two hundred (200) feet, there shall be displayed upon such vehicle one or more lamps, projecting a white light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle and projecting a red light visible under like conditions from a distance of five hundred (500) feet to the rear, except that such parking light or lights need not be displayed upon any vehicle stopping or parking in accordance with the other provisions  of this chapter upon any street, or streets designated herein as the “congested district” where there is sufficient light to reveal any vehicle within a distance of two hundred (200) feet upon said street.

 
Section 12-133.  Same Motorcycles and Bicycles

        Every operator of a bicycle or motorcycle in the city is required from one-half hour after sundown until one-half hour before sunup to display a light on the front of such bicycle or motorcycle by the use of a lamp projecting a white light visible under normal conditions for a distance of two hundred (200) feet t the front of such vehicle, and a red light or reflector on the rear of said bicycle, or motorcycle.

 

Section 12-134.  Red or Green lights on front of Vehicle Prohibited

        It shall be unlawful for any person to drive or move any vehicle upon a highway with any red or green light thereon visible from directly in front thereof.  This section shall not apply to police or fire department or fire patrol vehicles, not to any vehicles required or permitted by law or regulations to display small red or green clearance lamps in front.

 

Section 12-135.  Mufflers

(a)Required – No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.

(b)Cutouts Prohibited – It shall be unlawful to use a “muffler cut-out” on any motor vehicle on a highway.

 

Section 12-136.  Mirrors

        Every motor vehicle which is so constructed or loaded as to obstruct the driver’s view to the rear from the driver’s position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle.

 

Section 12-137.  Windshields

(a) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be so displayed by law.

(b) The windshield on every motor vehicle shall be equipped with a devise for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

 

Section 12-138 through 12-145.  Reserved

 

 

Article VIII.  Miscellaneous Driving Rules

Section 12-146.  Following, Parking near Fire Apparatus

        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 five hundred (500) feet or drive into or park such vehicle with the block where fire apparatus has stopped in answer to a fire.

 

Section 12-147.  Driving over a Fire Hose

        No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway to be used at any fire or alarm of fire, without consent of the fire department official in command.

 

Section 12-148.  Crossing a Fire Lane

        It shall be unlawful for any operator except a member of the fire or police department to drive a vehicle within any fire line established by the fire department, unless authorized to do so by a fire or police officer.

 

Section 12-149.  Driving through Processions

        No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter.  This provision shall not apply at intersections where traffic controlled by traffic-control signals or police officers.

 

Section 12-150.  Funeral Processions to be Identified

        A funeral composed of a procession of vehicles shall be identified as such y the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division.

 

Section 12-151.  Parades, etc., Prohibited; Exception

        It shall be unlawful for any person to operate, or cause to be operated:

 

(1) Any unusual type of vehicle differing from vehicles ordinarily and customarily appearing on the street; or

(2) Any vehicle from which singing, shouting, and the like disseminate, or from which is disseminated any loud or unusual noises whatsoever; or

(3) From which is thrown or from which falls any debris, refuse or rubbish of any kind; or

(4) To conduct or participate in any parade or marching in which floats, banners, placards or other distracting agencies, noises, objects or vehicles are used; and

(5) For any person to engage in shouting, singing, orating, speaking or other distracting activity of any kind on any of the public streets and thoroughfares of the city.

 

Provided however, the Mayor and Board of Aldermen, in its discretion, may grant special permission for parades and other unusual activities on the streets, when, in its opinion, such parades or other activities will not be distracting to the extent of disturbing the usual, normal and customary used of the streets and would not constitute a disturbance of the people living or conducting business thereon.

 

Section 12-152.  Vehicles Prohibited on Sidewalks

        The driver of a vehicle shall not drive within any sidewalk area, or across any banquette except at a permanent or temporary driveway.

 

Section 12-153.  Limitations on Backing

        The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

 

Section 12-154.  Opening Doors into Traffic

        No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

 

Section 12-155.  Corner Cutting

        It shall be unlawful for any person to drive a vehicle over any sidewalk area and through any driveway, parking lot or any business entrance at any intersection, in making either a right or left turn, except for the purpose of coming to a complete stop to obtain or render some service or make a sale or purchase.  It is the intention of this section to prohibit “corner cutting” by driving a vehicle from one street into another across any sidewalk and/or driveway and/or through any driveway.

 

Section 12-156.  Driving Across Median Strip

        It shall be unlawful for any person to drive any vehicle on, over or across any median strip or other strip or area of ground, whether improved or surfaced or not, which such strop shall divide any two or more lanes of any highway or street within the city.

 

Section 12-157.  Riding on Motorcycle

        A person operating a motorcycle shall at all times while so operating such vehicles wear a “crash helmet” and “face shield” and ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designated for two (2) person, or upon another seat firmly attached to the rear or side of the operator.

 

Section 12-158.  Clinging to Vehicles

        No person riding upon any bicycle, motorcycle coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

 

Section 12-159.  Unlawfully Entering or Leaving Controlled Access Facilities

        No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.

 

Section 12-160.  Towing Vehicles

        It shall be unlawful for any person to tow or cause to be towed any motor vehicle upon any of the streets of the city, unless the same is manned by one (1) or more persons and is towed by a rope or chain not more than ten (10) feet in length; and in addition thereto at nighttime, the car being towed shall display lights as required by state law.  Not more than one vehicle shall be rowed at a time, provided however, that during the daytime more than one (1) car may be towed by motor vehicle dealers in moving new cars from the point of railroad debarkment to a warehouse.

 

Section 12-161.  Towing more than one trailer, Parking trailers in Business District Prohibited

        It shall be unlawful to attach more than one (1) trailer to any motor vehicle being operated over and along the streets of the city, or for any vehicle with a trailer in tow to stop or park within the business district except to load or unload.

 

Section 12-162.  Quiet Zones

        It shall be unlawful for an person to ring any bell, sound any horn, race the motor of any vehicle, operate any motor vehicle with the muffler open, or to make any other loud and unnecessary noise while passing or near to any hospital, sanitarium, school during school hours, or church while services are being held therein, or while passing or near to any public speaking or any place of public entertainment in any part of the city.  Signs will be posted near all hospitals, sanitariums, schools, and churches to notify the public of the existence of such quiet zones.

 

Section 12-163.  Operation of Vehicle while Under Influence of Intoxicating Liquor; Results of Chemical Test Available

(1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who is under the influence of intoxicating liquor as set forth in paragraph (b) of subsection (1) 63-11-39 of the Mississippi Code 1972 Annotated, punishable as set forth in subsection (2) of section 63-11-31 of the Mississippi Code 1972 Annotated.

(2) Every person who is convicted of operating a vehicle while under the influence of intoxicating liquor under subsection (1) of section 63-11-31, Mississippi Code 1972 Annotated, shall be punished by imprisonment for not more than six (6) months or a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).  Upon any second or subsequent conviction of any person operating a motor vehicle while under the influence of intoxicating liquor, the offense of offenses being committed within a two (2) year period, the commissioner of public safety, or his duly authorized agent, shall revoke the license or permit to operate a vehicle within this state for a period of one year.

 

Section 12-164.  Reckless Driving

        Any person who drives any motor vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of person or property is guilty of the misdemeanor of reckless driving.

 

Section 12-165.  Coasting Prohibited

        It shall be unlawful for the operator of any motor vehicle when traveling on a downgrade on any highway to coast with the gears of such vehicle in neutral.

 

Section 12-166.  Load of Vehicle not to Escape

        No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded so as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

 

Section 12-167.  Obstructing or Impairing Driver’s View or Mechanism

(a) It shall be unlawful for the operator of any vehicle to drive the same when such vehicle is so loaded or when there are in the front seat of such vehicle such number of persons as to obstruct the view of the operator to the front or side, or to interfere with the operator’s control over the driving mechanism of the vehicle.

(b) It shall be unlawful for any passenger in a vehicle or motorbus to ride in such position as to interfere with the operator’s view ahead, or to the side or interfere with the operator’s control over the driving mechanism of the vehicle.

 

Section 12-168.  Manner of Sitting in Vehicle Restricted

        It shall be unlawful for any person to ride on any passenger bus or vehicle upon any portion thereof not designated or intended for the use of passengers when the vehicle is in motion.  This section shall not apply to an employee engaged in the necessary discharge of his duty or within truck bodies in space intended for merchandise.

 

Section 12-169.  Certain Wheels Prohibited; Restricted

(a)Nor traction engine, road engine, hauling engine, trailer, steam roller, automobile, truck, motor or other power vehicle shall be operated over the hard surface roads, paved streets and crossings of the city, the face of the wheels of which are fitted with flanges, ribbed clamps, cleats, lugs, or spikes; this regulation shall apply to all rings or flanges upon guiding or steering wheels on any such vehicle.

(b)In case of traction engines, road engines, or hauling engines, which are equipped or provided with flanges, ribs, clamps, rings or lugs, such vehicle shall be permitted to pass over the paved streets and crossings of the city, provided that cleats are fastened upon all wheels of such vehicles not less than two and one-half (2 ½) inches wide and not more than one and one-half (1 ½) inches high, and so placed that not less than two (2) cleats of each wheel shall touch the ground at all times.  The weight shall be the same on all parts of such cleats.

 

Section 12-170 through 12-178.  Reserved

 

Article IX.  Operation of Vehicles Generally

Section 12-179.  Drive on Right Side of Roadway-Generally

(a) Upon all streets the operator of a vehicle shall drive the same upon the right half of the street and the operator of slow moving vehicle shall drive the same as close as possible to the right-hand edge or curb of the street, unless it is impracticable to travel on such side of the street; except when overtaking and passing another vehicle subject to the limitations applicable by law in overtaking and passing and upon one-way streets.

(b) This section shall not be deemed to prevent the marking of lanes for traffic upon any street and the allocation of designated lanes to traffic moving in a particular direction or at designated speeds.

 

Section 12-180.  Same – At Intersection

        In crossing an intersection of highways or the intersection of a highway by a railroad right-of-way, the operator of a vehicle shall at all times cause such vehicle to travel on the right half of the highway, unless such right half is obstructed or impassable.

 

Section 12-181.  Meeting of Vehicles

        Operators of vehicles proceeding in the opposite direction shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as near as possible.

 

Section 12-182.  Overtaking and Passing a Vehicle – Manner

        The operator of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway until safely cleat of such overtaken vehicle.

 

Section 12-183.  Same – Limitations

(a) The operator of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety.

(b) The operator of a vehicle shall not overtake and pass another vehicle proceeding in the same direction at any steam or electric railroad grade crossing, not at any intersection of highways.

 

Section 12-184.  Same – Duty of Overtaken Operator

        The operator of a vehicle upon a highway about to be overtaken and passed 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 shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

 

Section 12-185.  Same – On the Right

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle, which is making or about to make a left turn.

(b) The driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for four (4) or more lines of moving traffic when such movement can be made in safety.  No person shall drive off the pavement or upon the shoulder of the roadway overtaking or passing on the right.

 

Section 12-186.  Following too Closely

(a) The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and condition of the highway.

(b) The operator of any motor truck when traveling upon a highway outside of a business or residence district shall not follow another motor truck within fifty (50) feet but this shall not be construed to prevent one motor truck overtaking and passing another.

 

Section 12-187.  Right-of-Way

(a) The operator of a vehicle approaching an intersection shall yield the right-of-way to a vehicle, which has entered the intersection.  When two (2) vehicles enter an intersection at the same time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(b) The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction may make such left turn only after giving a signal as required by law, and after affording a reasonable opportunity to the operator of such other vehicle to avoid collision.

 

Section 12-188.  Yield Right-of-Way

(a) The operator of a vehicle entering a public street from a private road or drive shall yield the right-of-way to all vehicles approaching on such public highway.

(b) The operator of a vehicle on a street shall yield the right-of-way to authorized emergency vehicles when the latter are operated upon official business and the operator’s thereof sound audible signal by bell, siren, or exhaust whistle.  This provision shall not relieve the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the streets, nor shall it protect the operator of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

 

Section 12-189.  Starting, Stopping, Turning Signals – Required

(a)No person shall start, turn or stop a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety and then only after a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate signal if any other vehicle may be affected by such movement.

(b)A signal of intention to turn shall be given continuously for a reasonable distance before turning.

(c) No person shall stop or suddenly decreases the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

 

Section 12-190.  Same – How Given

        The signals shall be given either by means of the hand and arm or by a signal lamp or device of a type approved by the Chief of Police; provided however, that when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear, then such signals must be given by such lamp or device.

 

Section 12-191.  Same – Method

        All signals required by section 12-190 to be given by the hand and arm shall be given from the left side of a vehicle in the following manner:

 

(a) Left Turn:  Hand and arm extended horizontally

(b) Right Turn:  Hand and arm extended upward

(c)  Stop or Decrease Speed:  Hand and arm extended downward

 

Section 12-192.  Boarding or Alighting from Vehicle in Motion Prohibited

        It shall be unlawful for any person to board or alight from any bus or vehicle while such bus or vehicle is in motion.

 

Section 12-193 through 12-202.  Reserved

 

 

Article X.  Turns

Section 12-203.  Position, Method of Turning at Intersections

        The driver of a vehicle intending to turn at an intersection shall do so as follows:

 

(a) Right Turns:  Both the approach for a right turn and a right turn shall be made as close to the practicable to the right hand curb or edge of the roadway

(b) Left Turns on Two-Way Roadways:  At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection to the right of the center line of the roadway being entered.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the intersection.

(c)  Left Turns on Other Than Two-Way Roadways:  At any intersection where traffic is restricted to one (1) direction on one (1) or mote of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection on the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic mobbing in such direction upon the roadway being entered.

 

Section 12-204.  Authority to Place and Obedience to Turning Markers

(a)The city traffic engineer is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.

(b)When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

 

Section 12-205.  Authority to Place Restricted Turn Signs

        The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or “U” turn, and shall place proper signs as such intersections.  The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

 

Section 12-206.  Obedience so Restricted Turn Signs

        Whenever authorized signs are erected indicating that no right or left or “U” turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

 

Section 12-207.  Limitations on Turning Around

        The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

 

Section 12-208 through 12-217.  Reserved

 

Article XI.  One-Way Streets and Alleys

Section 12-218.  Designation; Signs Required

        Whenever any resolution or order of the board of mayor and aldermen designates any one-way street or alley the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place.  Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.  Vehicular traffic shall move only in the indicted direction.

 

Section 12-219.  Authority to Restrict Direction of Movement at Streets during certain Periods

(a) The city traffic engineer is hereby authorized to determine and designate streets, parts of streets or specific lanes therein upon which vehicular traffic shall proceed in one (1) direction during one (1) period and the opposite direction during another period of the day and shall place and maintain appropriate markings, sings, barriers or other devices to give notice thereof.  The city traffic engineer may erect signs temporarily designating lanes to e used by traffic moving in a particular direction, regardless of the centerline of the roadway.

(b) If shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section.

 

Section 12-220 through 12-229.  Reserved

 

Article XII.  Speed

Section 12-230.  State Speed Laws Applicable

        The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city, except as the city, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared when signs are in place giving notice thereof.

 

Section 12-231.  Maximum Speed

        Unless otherwise designated by signs or markings, the maximum speed within the city shall be thirty-five (35) miles per hour.

 

Section 12-232.  Minimum Speed Regulations

        It shall be unlawful for any operator to unnecessarily operate a motor vehicle at such a low rate of speed as to impede or block the normal and reasonable movement of traffic, except when such reduced speed is necessary for safe operation.  Traffic and police officers are hereby authorized to enforce this provision by directing the operator to speed up and upon the failure or refusal of the operator to comply with the directions of the officer, such refusal shall constitute a misdemeanor.

 

Section 12-233.  Regulation of Speed by Traffic Signal Timing Authorized

        The traffic safety coordinator is authorized to regulate the timing of traffic signal so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable with the district or at interactions and shall erect appropriate signs giving notice thereof.

 

Section 12-234.  Racing

        It shall be unlawful for any person to race in or on any vehicle, bicycle or animal within the city.

 

Section 12-235 through 12-244.  Reserved.

 

 

Article XIII.  Traffic-Control Devices

Section 12-245.  Authority to Install

        The traffic safety coordinator shall place and maintain traffic-control signs, signals and devices when and as required under the traffic regulations of this city to make effective the provisions of said regulations, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic regulations of this city or under state law or to guide or warn traffic.

 

Section 12-246.  Manual and Specifications

        All traffic-control signs, signals and devices shall conform to the manual and specifications approved by the state commissioner of public safety.  All traffic-control devices so erected and not inconsistent with the provisions of the state law or this chapter shall be official traffic-control devices.

 

Section 12-247.  Devices on State Highways

        All traffic-control devices erected, installed, maintained or operated on state highways within the city shall be subject to the approval of the director of the state highway department as provided by law.

 

Section 12-248.  Obedience to Devices Required

        The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

 

Section 12-249.  When Signs Required for Enforcement

        No provisions of this chapter or of the other traffic regulations of the city for which signs are required shall be enforced against an alleged violator if at that time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular provision does not state that signs are required, such section shall be effective even though no signs are erected or in place unless such signs are required by state law.

 

Section 12-250.  Traffic-Control Signal Legend

        Whenever traffic is controlled by traffic-control signals exhibiting the words “Go”, “Caution” or “Stop”, or exhibiting different colored lights successfully one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

 

(a) Green alone or “Go”

1.    Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.  But vehicular traffic, including vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

2.    Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(b) Yellow alone or “Caution” when shown following the Green or “Go” signal:

1.    Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the interaction, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection.

2.    Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

(c)  Red alone or “Stop”:

1.    Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or at such other point as may be indicated by a clearly visible line or, if none, then before entering the intersection, and shall remain standing until Green or “Go” is shown alone.

2.    No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(d) Red with Green Arrow:

1.    Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk.

2.    No pedestrian facing such signal shall enter the roadway unless he can do safely and without interfering with any vehicular traffic.

(e) In the event an official traffic-control signal is erected and maintained at a place other than an intersection:  The provisions of this section shall be applicable except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal.

 

Section 12-251.  Flashing Signals

(a) Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:

1.    Flashing red (stop signal):  When a red lens is illuminated with rapid intermittent flashed, drives or vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

2.    Flashing yellow (caution signal):  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 

 

Section 12-252.  Display of Unauthorized Signs, Signals, Markings

(a) No person shall place, maintain or display upon or in view of any highway an unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device of any railroad sign or signal.

(b) No person shall place or maintain not shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.

(c)  This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(d) Every such prohibited sign, signal or marking is hereby declared to a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed after ten (10) days notice to the owner thereof by registered letter or otherwise

 

Section 12-253.  Interfering with Devices or Railroad Signs or Signals

        No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other pert thereof.

 

Section 12-254.  Safety Traffic Coordinator to Designate, Mark Crosswalks and Safety Zones

        The safety traffic coordinator is hereby authorized:

(a) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary;

(b) To establish safety zones of such kind and character and at such places, as he may deem necessary for the protection of pedestrians.

 

Section 12-255.  Safety Coordinator to Mark Traffic Lanes

        The safety traffic coordinator is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic necessary.

 

Section 12-256.  Driving on Laned Roadways

        Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply.

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(b) Upon a roadway which is divided into three (3) lanes a vehicle shall not be driven in the citer lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.

(c)  Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign.

 

Section 12-257 through 12-266.  Reserved

 

 

Article XIV.  Stop and Yield Intersections, railroad Crossings, Etc.

Section 12-267.  Designation of Through Streets

        Through streets shall be as designated from time to time by the board of mayor and aldermen by resolution or order spread on its minutes.

 
Section 12-268.  Signs Required at through Streets

        Whenever the board of mayor and aldermen designates and describes a through street, the Safety traffic Coordinator shall place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection, a yield sign, on each and every street interacting such through street unless traffic at any such intersection is controlled at all times by traffic-control signals, provided however, that at the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets as ma be determined by the Safety Traffic Coordinator upon the basis of an engineering and traffic study.

 

Section 12-269.  Other Intersections where Stop or Yield Required

        The board of mayor and aldermen is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine

 

(a)Whether vehicles shall stop at one or more entrances to any such intersection, in which the Traffic Safety Coordinator shall cause to be erected a stop sign at every such place where a stop is required, or

(b)Whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in paragraph (a) of section 12-172, in which event the Traffic Safety Coordinator cause to be erected a yield sign at every place where obedience thereto is required.

 

Section 12-270.  Construction and Location of Stop and Yield Signs

(a)In the absence of contrary requirement adopted by the state commissioner of public safety, every stop sign shall bear the word “Stop” in letters not less than eight (8) inches in height.  Every yield sign shall bear the word “Yield” in letter not less than seven (7) inches in height.  Every stop sign and every yield sign shall at nighttime be rendered luminous by internal illumination, or by a floodlight projected on the face of the sign, or by efficient reflecting elements in the face of the sign.

(b)Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is not crosswalk, then as near as practicable t the nearest line of the intersection roadway.

 

Section 12-271.  Duty of Vehicle Entering Stop Intersection

(a) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or, in the event there is not crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

(b) Such driver after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.

 

Section 12-272.  Duty of Vehicle entering Yield Intersection

(a) The driver of a vehicle approaching a yield sign shall in obedience to such slow down to a speed of not more than twenty (20) miles per hour, or shall stop 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 the intersection shall yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding, provided however, that a driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian in  a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein.  The foregoing shall not relieve the drivers of other vehicles approaching the intersection as such distance as not to constitute an immediate hazard from the duty to drive with due care to avoid a collision.

(b) The driver of a vehicle approaching a yield sing if required for safety to stop shall stop 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 or motorman has a view of approaching traffic on the intersecting roadway.

 

Section 12-273.  Emerging from Alley, Driveway, or Building

        The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across an alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

 

Section 12-274.  Stop Required when Traffic Obstructed

        No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.

 

Section 12-275.  Obedience to Signal Indicating Approach of Train

(a) Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest tract of such railroad and shall not proceed until he can do so safely.

(b) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passing of a train.

 

Section 12-276 through 12-285.  Reserved

 

 

Article XV.  Stopping, Standing, Parking Prohibited

Section 12-286.  Prohibited in Specified Places, No Signs Required

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

1.    On a sidewalk;

2.    In front of a public or private driveway;

3.    Within an intersection;

4.    Within ten (10) feet of a fire hydrant;

5.    On a crosswalk;

6.    Within twenty (20) feet of a crosswalk at an intersection;

7.    Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;

8.    Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic engineer indicates a different length by signs or markings;

9.    Within fifteen (15) feet of the nearest rail of a railroad crossing;

10.                       Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted;

11.                       Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

12.                       One the roadway side of any vehicle stopped or parked at the edge or curb of a street;

13.                       Upon any bridge or other elevated structure upon a highway or within a tunnel;

14.                       Within twenty (20) feet from the intersection of curb lines, or if none, then within fifteen (15) feet of the intersection of property lines at an intersection, except at alleyways;

15.                       Within twenty (20) feet in front of the entrance of any theater or public building during any meeting or public gathering therein except when taking on or discharging passengers or freight and then not to exceed ten (10) minutes;

16.                       At any place where official signs prohibit stopping.

(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

 

Section 12-287.  Obstructing Traffic Prohibited

        No person shall park any vehicle upon a street, other than an alley ins such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

 

Section 12-288.  Parking in Alleys

        No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic.

 

Section 12-289.  Parking for Certain Purposes Prohibited

        No person shall park a vehicle upon any roadway for the principal purpose of:

 

(a) Displaying such vehicle for sale.

(b) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.

 

Section 12-290.  Parking Adjacent to Schools

(a) The Safety Traffic Coordinator is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

(b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.

 

Section 12-291.  Parking of Produce Trucks Prohibited

        It shall be unlawful for any person to park or place any vehicle on the streets in the business district in the cit for the purpose of selling or disposing of any products or produce of every kind or nature.

 

Section 12-292.  Liability of Owner for Illegally Parked Vehicles

        If any vehicle if found upon a street or highway in violation of any section of this article regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined the owner, or person in whose name such vehicle is registered, shall be held prima facie responsible for such violation.

 

Section 12-293 through 12-302.  Reserved

 

Article XVI.  Stopping, Standing, parking Restricted or Prohibited on Certain Streets

Section 12-303.  Applicability of Article

        The provisions of this article or of any ordinance, order or resolution prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated an official sign 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 other official traffic-control device.

 

Section 12-304.  Designation of Streets

        The board of mayor and aldermen shall from time to time designate those streets, parts of streets or places where stopping, standing or parking shall be prohibited; or when stopping, standing or parking shall be prohibited during certain hours; or when stopping, standing or parking for longer than a specified time shall be prohibited.

 

Section 12-305.  Signs Required

        Whenever any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the safety traffic coordinator to erect appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.

 

Section 12-306.  Disobeying Signs Prohibited

        It shall be unlawful for any person to park, stop or stand any vehicle in violation of any sign installed pursuant to the provisions of this article.

 

Section 12-307.  Time Limitations Not Exclusive

        The fact that there has been imposed a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

 

Section 12-308.  Parking on Banquettes Restricted

        It shall be unlawful for any person to park or permit to be parked upon any banquette of any street within the city any vehicle or animal at any place except upon such portion of such banquettes as may have been designated by the board of mayor and aldermen as public parking places.

 

Section 12-309 through 12-318.  Reserved 

 

 

Article XVII.  Stopping for Loading or Unloading

Section 12-319.  Designation of Curb Loading Zones

        The board of mayor and aldermen is hereby authorized to determine the location of passenger and freight curb loading zones and the Safety Traffic Coordinator shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable.

 

Section 12-320.  Stopping, Standing, Parking in Passenger Curb Loading Zones

        No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zones are effective, and then only for a period not to exceed three (3) minutes.

 

Section 12-321.  Stopping, Standing, Parking in Passenger Curb Loading Zones

        No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect.  In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.

 

Section 12-322.  Designation of Public Carrier Stops and Stands

        The board is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs.

 

Section 12-323 through 12-332.  Reserved

 

 

Article XVIII.  Method of Parking; as amended by ordinance 78-53

Section 12-333.  Proximity of Right Hand Curb

       

     It shall be unlawful to park a vehicle the wrong way on the left hand side of any roadway and except as otherwise provided in this article every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right hand wheels of such vehicle parallel to and within twelve (12) inches of the right hand curb.

    Since immediate operation of the provisions of this ordinance is necessary for the preservation of the public peace, health, and safety, this ordinance shall be in full force and effect from and after its passage.

    Adopted this the 5th day of September, 1978.

 
Section 12-334.  Designation of Angle Parking

(a) The board shall determine upon which streets angle parking shall be permitted and shall mark or sign such streets.

(b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby by cause or required to drive upon the left side of the street.

 

Section 12-335.  Obedience to Angle Parking Marking

        On those streets which have been signed or marked by the traffic safety coordinator for angle parking, no person shall park or stand a vehicle other than at the lane to the curb or edge of the roadway indicated by such signs or markings.

 

Section 12-336.  Lights on Parked Vehicles

(a) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (1/2) hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway no lights need to be displayed upon such parked vehicle.

(b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between one-half (1/2) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway, such vehicles so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements:  At least one (1) lamp shall display a white light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at lest one (1) other lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.  The foregoing provisions shall not apply to a motor-driven cycle.

(c)  Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

 

Section 12-337.  Unattended Vehicles

        No person having control or charge of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes thereon and stopping the motor of such vehicle, and when standing upon a perceptible grade, without turning the wheels of such vehicle to the curb or side of the street or highway.

 

Section 12-338 through 12-368.  Reserved

 

 

Article XX.  Special Parking Privileges; Minimum Fines Amended Ordinance # 75-39

Section 12-369.  Parking License – Who may apply; Use

        Parking licenses for designated parking space or spaces upon the public streets of the city will be granted for motor delivery vehicles only to a person engaged in a duly licensed business and who operates a motor delivery vehicle in the conduct of his business, and to doctors, dentists, chiropractors, and optometrists who use a motor vehicle in the practice of their respective professions.

 

Minimum Fines

 

 

Ordinance # 75-39

 

An Ordinance Amending the Minimum Fines under Article XX, Section 12-369 or the City of Horn Lake Traffic Regulations

BE IT ORDERED

        That the traffic fines under Article XX, Section 12-369 of the City of Horn Lake Traffic Regulations as adopted May 7, 1974, be and is hereby amended, to-wit:

 

           No City Tag                                                        $15.00

           No Driver’s License or Improper License                  $15.00

           No State Inspection                                             $15.00

           No State Registration or Improper Registration        $27.00

           Reckless Driving                                                  $27.00

           Speeding:  5 – 10 MPH over limit                           $15.00 Plus $2.00 Driver’s Ed

                         11 – 15 MPH over limit                           $25.00 Plus $3.00 Driver’s Ed

                         Over 15 MPH                                         $35.00 Plus $4.00 Driver’s Ed

 

Accident Related Violations

 

           Improper Backing                                                $15.00 Plus $2.00 Driver’s Ed

           Improper Right Turn                                             $15.00 Plus $2.00 Driver’s Ed

           Improper Left Turn                                              $15.00 Plus $2.00 Driver’s Ed

           Failure to Maintain Proper Control                          $15.00 Plus $2.00 Driver’s Ed

           Failure to Maintain Safe Lookout                            $15.00 Plus $2.00 Driver’s Ed

           Following Too Close                                             $15.00 Plus $2.00 Driver’s Ed

           Improper Equipment                                            $15.00 Plus $2.00 Driver’s Ed

           Improper Parking                                                 $  5.00

           Drag Racing                                                        $50.00 Plus $5.00 Driver’s Ed

           D.U.I.                                                                $60.00 Plus $6.00 Driver’s Ed

           D.W.I.                                                               $110.00 Plus $11.00 Driver’s Ed

           Driving Under the Influence of Drugs                      $250.00

           Running Stop Sign                                               $15.00 Plus $2.00 Driver’s Ed

           Failure to Heed to Lawful Police Order                    $50.00

           Contempt of Court for Failure to Appear                  $15.00

 

                 

Section 12-370.  Same – Identification of Parking Space

        Upon the granting or issuance of any parking license, the mayor and board of aldermen shall cause the parking space described in such license to be designated by painting the curb at such parking space with a yellow line for the entire length of such space and by such additional markings, if any, as the board may require.

        It shall be unlawful for any person other than the licensee of such designated space to park or leave standing any vehicle in any such designated parking space or part thereof.

 

Article XXI.  Commercial Vehicles on City Streets

 

(a) It shall be unlawful to operate a commercial vehicle on city streets in residential areas with gross weight exceeding forty thousand (40,000) pounds and/or ten thousand (10,000) pounds per axle with no through commercial vehicular traffic allowed in designated areas.

(b) It shall be unlawful to park a commercial vehicle on any and all streets in a residential area, other than those making delivery or picking up goods.

 

 

Adopted and approved this the 7th day of May, 1974.