University of Virginia Library

CHAPTER XXXVII.

Vehicles and Traffic.

Sec. 488. Uniform traffic code.

Definitions: The following words and phrases when used in
this chapter shall, for the purposes of this chapter, have the
meaning respectively ascribed to them, in this chapter, except in
those instances where the context clearly indicates different
meaning.

(a) "Vehicle."—Every device in, upon or by which any person
or property is or may be transported or drawn upon a public
highway, excepting devices moved by human power or used exclusively
upon stationary rails or tracks; provided, that for the
purposes of this chapter, a bicycle shall be deemed a vehicle.

(b) "Motor Vehicle."—Every vehicle, as herein defined which
is self-propelled.

(c) "Motorcycle."—Every motor vehicle designed to travel
on not more than three wheels in contact with the ground, except
any such as may be included within the term "tractor" as
herein defined.

(d) "Tractor Truck." — Every motor vehicle designed and
used primarily for drawing other vehicles and not so constructed
as to carry a load other than a part of the load and weight of the
vehicle attached thereto.

(e) "Farm Tractor." — Every motor vehicle designed and
used primarily as a farm implement for drawing plows, mowing
machines and other implements of husbandry.

(f) "Road Tractor."—Every motor vehicle designed and used
for drawing other vehicles and not so constructed as to carry any
load thereon either independently or any part of the weight of a
vehicle or load so drawn.

(g) "Trailer."—Every vehicle without motive power designed
for carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.

(h) "Semi-Trailer."—Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some

part of its own weight and that of its own load rests upon or is
carried by another vehicle.

(i) "Pnuematic Tires."—All tires inflated with compressed
air.

(j) "Solid Rubber Tires."—Every tire made of rubber other
than a pneumatic tire.

(k) "Metal Tires."—All tires the surface of which is in contact
with the highway is wholly or partly of metal or other hard,
non-resilient material.

(l) "Person."—Every natural person, firm, co-partnership,
association or corporation, whether acting by themselves or by a
servant, agent or employee.

(m) "Owner".—A person who holds the legal title of a vehicle
or in the event a vehicle is the subject to an agreement for
the conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement and
with an immediate right of possession vested in the conditional
vendee or lessee, or in the event a mortgagee of a vehicle is entitled
to possession then such conditional vendee or lessee or
mortgagee shall be deemed the owner, for the purpose of this
section.

(n) "Highway."—Every way or place of whatever nature
open to the use of the public for the purpose of vehicular travel.

(o) "Pedestrian."—Shall include and mean any person walking
afoot, and not, at the moment, a passenger within a vehicle
or street car.

(p) "Private Road or Driveway."—Every road or driveway
not open to the use of the public for the purpose of vehicular
travel.

(q) "Intersection."—The area embraced within the prolongation
of the lateral curb lines, or if none, then the lateral boundary
lines of two or more highways, which join one another at an
angle, whether or not one such highway crosses the other.

(r) "Safety Zone." — An area or space officially set aside
within a highway, for the exclusive use of pedestrians, and
which is so plainly marked or indicated by proper signs to be
plainly visible at all times while set apart as a safety zone.

(s) "Crossing" and or "Crosswalks" shall include and mean
that part of a street connecting sidewalks at or near street intersections,
and the most direct route from curb to curb at street
intersections, and at such other places as may be indicated by
lines drawn or marked upon the highway.

(t) "Business District."—The territory contiguous to a highway
when seventy-five per centum or more of the frontage thereon
for a distance of three hundred feet or more, is occupied by
buildings in use for business purposes.

(u) "Residence District."—The territory contiguous to a highway,
not comprising a business district, when seventy-five per
centum or more of the frontage thereon for the distance of three
hundred feet or more is mainly occupied by dwellings, or by
dwellings and buildings in use for business purposes.

(v) "Department."—The motor vehicle department of this
State, acting directly, or through its duly authorized officers and
agents.

(w) "Reckless Driving."—Shall mean the operation of a vehicle
in a manner potentially offering harm, or injury or damage
to any person, property, or thing, as a result of the act itself or
in combination with circumstances, conditions and acts of others.

(x) "Right of Way."—Shall mean the right of a pedestrian or
vehicle to proceed uninterruptedly in a lawful manner, in preference
or priority to another pedestrian or vehicle approaching in
another direction.

(y) "Traffic."—Shall mean the orderly use of streets by pedestrians
and vehicles, both singly and together.

(z) Whenever herein, any regulation is imposed upon a "vehicle"
it shall be construed to refer to the driver or operator
thereof, when such reference would be applicable.

(aa) "Commissioner."—Shall mean the motor vehicle commissioner
of this State.

(bb) "Passenger Motor Bus."—Shall mean every vehicle running
upon a fixed schedule, engaged in carrying passengers, and
having a seating capacity of six (6) or more persons.

(cc) "Taxicab."—Shall mean a public passenger vehicle designed
and advertised by its manufacturer as a taxicab, and so

constructed as to separate its driver from its passengers by a
glass partition, and which said vehicle shall be equipped with a
mechanical instrument, or device, commonly known as a taximeter.

(dd) "For-Hire Car."—Shall mean a public passenger vehicle
offered for hire, and not conforming to the definition of a taxicab
or passenger motor bus as herein defined.

TITLE 1.

Operation of Vehicles; Rules of the Road.

Sec. 489(1). Persons under the influence of intoxicating
liquor, or narcotic drugs.

It shall be unlawful for any person to drive or run any automobile,
car, truck, engine, or train while under the influence of
intoxicants or narcotic drugs, or any other self-administered intoxicants
of whatsoever nature. If any person violates the provisions
of this section he shall be guilty of misdemeanor punishable
by a fine of not less than one hundred dollars nor more than
one thousand dollars, and imprisoned for not less than thirty
days nor more than six months for the first offense, provided the
court in a proper case may suspend the jail sentence. Any person
convicted of a second or subsequent offense under this section,
shall be punishable by a fine of not less than one hundred
dollars and not more than one thousand dollars and by imprisonment
for not less than sixty days nor more than six months,
and no court shall suspend the sentence. The judgment of conviction
for any offense under this section shall of itself operate
to deprive him of his right to drive such vehicle or conveyance
for a period of one year from the date of such judgment. If
any person so convicted shall, during the year, drive any such
vehicle or conveyance he shall be fined not more than $100.00 or
confined in jail not more than sixty days, or both.

The clerks of all courts of this City, or the Judge if there be
no clerk, shall within thirty days after final conviction of any
person under this section in this court report the fact thereof and
the name and address of such person, together with the license

plate number on the vehicle operated by such person, to the director
of the division of motor vehicles.

Sec. 489(2). Reckless driving.

Any person who drives a vehicle upon a highway recklessly,
or at a speed or in a manner so as to endanger, or be likely to endanger
life, limb or property of any person shall be guilty of
reckless driving and punished as provided under subsection
sixty-three of this section.

Sec. 489(3). Restrictions as to speed.

(a) Any person driving a vehicle on a highway shall drive
the same at a careful and prudent speed not greater nor less than
is reasonable and proper, having due regard to the traffic, surface
and width of the highway and of any other conditions then
existing. And any person who shall drive any vehicle upon a
highway at such speed as to endanger the life, limb or property
of any person, or so as to unnecessarily block, hinder or retard
the orderly and safe use of the highway by those following, shall
be prima facie guilty of reckless driving.

(b) Subject to the provisions of sub-division (a) of this subsection
and except in those instances where a lower speed is specified
in this section, it shall be prima facie lawful for the driver
of any vehicle to drive the same at a speed not exceeding the following:

1. Fifteen miles an hour when passing a school during recess
or while children are going to or leaving school during its opening
and closing hours, provided, that markers be placed on the
highways so as to plainly show the location of such schools.

2. Fifteen miles an hour in a business district, as defined
herein.

3. Twenty-five miles an hour in a residence district, as defined
herein.

4. Forty-five miles an hour under all other conditions.

(c) Reckless driving within the meaning of this section shall
be deemed to include the following offenses, which are expressly
prohibited:

1. Driving a vehicle when not under complete control, or with
inadequate or improperly adjusted brakes.

2. Driving to the left of the center of the street, except upon
one way streets.

3. Passing or attempting to pass two other vehicles abreast,
moving in the same direction.

4. Violating the provisions of the right of way laws, as set out
in sub-section nineteen hereof.

5. Failure to give adequate and timely signals of intention to
turn or partly turn, slow down or stop.

6. Exceeding a reasonable speed under the circumstances and
traffic conditions obtaining at the time.

7. Passing other vehicles going in the same direction while
crossing an intersection or while pedestrians are passing or about
to pass in front of either of such vehicles.

8. Driving a vehicle out of an alley, lane, or building or across
a sidewalk into a street, without first bringing such vehicle to a
speed of five miles per hour.

9. Making a left turn without passing the right of the center
point of the intersection, unless otherwise marked or indicated,
and without first signaling his intention so to turn.

10. Making a right turn without keeping close to the curb,
and without first signaling his intention so to turn.

Sec. 489(4). Railroad warning signals must be obeyed.

It shall be unlawful for any person driving a vehicle to fail to
obey a clearly visible or audible crossing signal at a highway and
interurban or steam railway grade crossing which signal gives
warning of the immediate approach of a railway train.

Sec. 489(5). Vehicles must slow down at certain steam
railway grade crossings.

(a) It shall be the duty of every person driving any vehicle
on a public highway, on approaching a place where a railway
crosses such public highway at grade, at which crossing no railway
gates are maintained or no flagman is stationed and on duty
at the time, to bring his vehicle to a speed not exceeding five
miles per hour before passing over such crossing, at a distance
of not less than thirty feet, from the nearest rail of such railway
tracks. Provided, that such person shall stop at such crossing

where gates are maintained when such gates are closed down, or
being lowered, and where a flagman is stationed and on duty at
the time, whenever, signaled to stop by such flagman.

(b) The provisions of this subsection shall not change or alter
in any manner the existing laws as to the duty or liability of
railway companies for damages to persons or property, and failure
to comply with the provisions of this subsection on the part
of the driver of the vehicle shall not be considered contributory
negligence in an action against the railway company for damage
to persons or property, whether the same be injury to the person
or property of the driver or any other person. And it shall
not be necessary to establish the fact that the driver complied
with the provisions of this section in order to recover any action
for damages to persons or property against a railway company.

Sec. 489(6). Speed limit for motor trucks, regulated
according to manufacturer's rated capacity and tire
equipment.

The speed limit for motor trucks shall be based upon the
manufacturer's rated capacity and tire equipment, and shall be
as follows:

(a) Motor trucks of rated capacity up to but not exceeding
one and one-half tons, and equipped with pneumatic tires, may
operate at the speed limits imposed by subsection three of this
section.

(b) Motor trucks of rated capacity not exceeding one and
one-half tons, but not equipped with pneumatic tires, and motor
trucks of rated capacity exceeding one and one-half tons, but
not exceeding three and one-half tons, may operate at a speed
not greater than two-thirds of the limits imposed in subsection
three of this section.

(c) Motor trucks of rated capacity exceeding three and one-half
tons may be operated at a speed not greater than one-half
the limits imposed by subsection three of this section.

Sec. 489(7). Special speed limitations on bridges.

It shall be unlawful to drive any vehicle upon any public
bridge, causeway or viaduct at a speed which is greater than the
maximum speed which can with safety to such structure be

maintained thereon, when such structure is sign-posted as provided
in this subsection.

The City Manager upon request, or upon his own initiative
may, conduct an investigation of any public bridge, causeway or
viaduct, and he shall determine and declare the maximum speed
of vehicles which such structure can withstand, and shall cause
or permit suitable signs stating such maximum speed to be erected
and maintained at a distance of one-hundred feet beyond each
end of such structure. The findings and determination of the
City Manager shall be conclusive evidence of the maximum speed
which can with safety to any such structure be maintained
thereon.

Sec. 489(8). When speed limit not applicable.

The speed limitations set forth in this section shall not apply
to vehicles when operated with due regard for safety under the
direction of the police in the chase or apprehension of violators
of the law or of persons charged with or suspected of any such
violation, nor to fire department vehicles when traveling in response
to a fire alarm nor county or municipal ambulances when
traveling in emergencies. This exemption shall not however
protect the driver of any such vehicle from the consequence of
a reckless disregard of the safety of others.

Sec. 489(9). Drive on right side of highways.

Upon all highways of sufficient width the driver of a vehicle
shall drive the same upon the right half of the highway, unless
it is impracticable to travel on such side of the highway and except
when overtaking and passing another vehicle subject to the
limitations applicable in overtaking and passing set forth in subsections
twelve and thirteen of this section.

Sec. 489(10). Keep to the right in crossing intersections
or railroads.

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

Sec. 489(11). Meeting of vehicles.

Drivers of vehicles proceeding in opposite directions shall pass
each other to the right, each giving to the other, as nearly as
possible, one-half of the main traveled portion of the roadway.

Sec. 489(12). Overtaking a vehicle.

(a) The driver of any vehicle overtaking another vehicle proceeding
in the same direction shall pass at least two feet to the
left thereof, and shall not again drive to the right side of the
highway until safely clear of such overtaken vehicle.

(b) The driver of an overtaken motor vehicle outside of a
business or residence district as herein defined shall give audible
warning with his horn or other warning device before passing
or attempting to pass a vehicle proceeding in the same direction.

Sec. 489(13). Limitations on privilege of overtaking
and passing.

(a) The driver 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 side is
clearly visible and is free of on coming traffic for a sufficient distance
ahead to permit such overtaking and passing to be made
in safety, and such overtaking vehicle shall give way to an oncoming
vehicle.

(b) The driver of a vehicle shall not overtake and pass another
vehicle proceeding in the same direction upon the crest of
a grade or upon a curve in the highway where the driver's view
along the highway is obstructed.

(c) The driver of a vehicle shall not overtake and pass any
other vehicle proceeding in the same direction at any steam or
electric railway grade crossing, nor at any intersection of highways
unless permitted so to do by a traffic or police officer.

Sec. 489(14). Driver to give way to overtaking vehicle.

The driver of a vehicle about to be overtaken and passed by
another vehicle approaching from the rear at a lawful rate of
speed 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.

Sec. 489(15). Following too closely.

(a) The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due
regard to the speed of both vehicles and the traffic upon, and
conditions of, the highway at the time.

(b) The driver of any motor truck drawing a trailer shall not
follow another truck drawing a trailer within two hundred feet
when upon any public highway outside of a business or residence
district.

Sec. 489(16). Turning around in street.

The driver of a vehicle within business districts shall not turn
such vehicles so as to proceed in the opposite direction except at
an intersection of public highways, and provided further that
no such turn shall be made on Main Street between 7th Street
East and the west side of the Lewis and Clark Monument.

Sec. 489(17). Turning at intersection.

Drivers of vehicles in turning to the right shall keep as closely
as practicable to the right-hand curb or edge of any highway
and when turning to the left shall pass beyond the center of the
intersection, as closely as practicable to the right thereof before
turning such vehicle to the left unless otherwise marked or indicated;
and shall turn the corner at a rate of speed not to exceed
ten miles per hour.

Sec. 489(18). Signals on starting, stopping or turning.

(a) The driver shall indicate his intention to start, stop, or
turn or partly turn from a direct line, and shall first see that
such movement can be made in safety and whenever the operation
of any other vehicle may be affected by such movement
shall give a signal as required in this subsection plainly visible
to the driver of such other vehicle of his intention to make such
movement.

(b) The signal herein required shall be given by means of
the hand and arm, or by some mechanical device approved by

the Director of the Division of Motor Vehicles in the manner
herein specified.

Whenever the signal is given by means of the hand and arm,
the driver shall indicate his intention to start, stop or turn or
partly turn by extending the hand and arm from and beyond the
left side of the vehicle, in the manner following:

(c) For left turn, or to pull to the left, the arm shall be extended
in a horizontal position straight from and level with the
shoulder.

(d) For right turn, or to pull to the right, the arm shall be
extended upward.

(e) For slowing down or to stop, the arm shall be extended
downward.

(f) Such signals shall be given at least fifty feet before slowing
down, stopping, turning, partly turning, or materially altering
the course of the vehicle, and the presence and use of a "stop
light", or other electrical indication, not plainly simulating the
hand and arm, or mechanical device, signals provided herein
shall not relieve the driver of the necessity for the use of and the
giving of the signals herein contained.

(g) Drivers having once given a hand, or mechanical device,
signal must continue the course thus indicated unless they alter
the original signal and take care that drivers of vehicles and pedestrians
have seen and are aware of the change.

(h) Drivers receiving a signal from another driver shall keep
their vehicles under complete control, and shall be able to avoid
an accident resulting from a misunderstanding of such signal.

(i) Drivers of vehicles, standing or stopped at the curb or
edge before moving such vehicles, shall give signals of their intention
to move into traffic.

Sec. 489(19). Right of way.

(a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the
left shall yield the right of way to the vehicle on the right except
as otherwise provided in subsection twenty. The driver of any
vehicle traveling at an unlawful speed shall forfeit any right of
way which he might otherwise have hereunder.

(b) The driver of a vehicle approaching but not having entered

an intersection shall yield the right of way to a vehicle
within such intersection and turning therein to the left across
the line of travel of such first mentioned vehicle, provided the
driver of the vehicle turning left has given a plainly visible signal
of intention to turn left as required in subsection eighteen.

(c) The driver of any vehicle upon a highway shall yield the
right of way to a pedestrian crossing such highway within any
clearly marked cross walk or any regular pedestrian crossing included
in the prolongation of the lateral boundary lines of the
adjacent sidewalk at the end of a block, except at intersections
where the movement of traffic is being regulated by traffic officers
or traffic direction devices.

Sec. 489(20). Exception to the right of way rules.

(a) The driver of a vehicle entering a public highway from
a private road or driveway shall slow down to five miles an
hour and shall yield the right of way to all vehicles approaching
on such public highway.

(b) The driver of every vehicle upon a highway shall yield
the right of way to police and fire department vehicles when the
latter are operated upon official business and the drivers thereof
sound audible signal by siren or exhaust whistle. This provision
shall not operate to relieve the driver of a police or fire department
vehicle from the duty to drive with due regard for the
safety of all persons using the highway nor shall it protect the
driver of any such vehicle from the consequence of an arbitrary
exercise of such right of way.

Sec. 489(21). Speed on entering State highway.

All vehicles when entering a highway, which is a part of the
State highway system, or which has been designated as such
within the City from the side thereof, shall do so at a rate of
speed not to exceed five miles per hour.

Sec. 489(22). What to do on approach of police or fire
department vehicle.

(a) Upon the approach of any police or fire department vehicle
giving audible signal by siren or exhaust whistle, the driver
of every other vehicle shall immediately drive the same to a position

at or near as possible and parallel to the right hand edge
or curb, clear of any intersection of highways, and shall stop and
remain in such position unless otherwise directed by a police or
traffic officer until the police or fire department vehicle shall have
passed.

(b) It shall be unlawful for the driver of any vehicle other
than one on official business to follow any fire apparatus traveling
in response to a fire alarm closer than one block or to drive
into or park such vehicle within the block where fire apparatus
has stopped in answer to a fire alarm.

Sec. 489(23). Passing street cars.

(a) The driver of a vehicle overtaking any railway, interurban
or street car stopped or about to stop for the purpose of receiving
or discharging any passenger shall bring such vehicle to
a full stop not closer than ten feet to the nearest exit of such
street car and remain standing until such passenger has boarded
such car or reached adjacent sidewalk except that where a safety
zone has been established a vehicle may be driven past any such
railway, interurban or street car with due regard and caution for
the safety of pedestrians.

Sec. 489(24). Driving through safety zone prohibited.

The driver of a vehicle shall not, at any time drive through or
over a safety zone as defined in this section, when such safety
zone is occupied or about to be occupied.

Sec. 489(25). Stopping on highway.

(a) No vehicle shall be stopped in such manner as to impede
or interfere with or render dangerous the use of the highway by
others; and, except upon one way streets, as provided in this
section no vehicle shall be stopped except close to the right hand
curb, unless otherwise provided by the Council or by police regulations.

The Mayor and Chief of Police may adopt and put into effect
regulations designating the time, place and manner vehicles may
be allowed to park on the City streets and to make and enforce
such additional rules and regulations as parking conditions may
require.

(b) No person shall leave standing any vehicle, attended or

unattended, upon the paved, improved or main traveled portion
of any highway, outside of a business or residence district, when
it is practicable to leave such vehicle standing off of the paved,
improved or main traveled portion of such highway.

(c) No vehicle shall be stopped with its left side to the curb,
except upon one way streets, or unless otherwise permitted by
police regulation.

(d) No vehicle shall be backed up to a curb, except during
the time actually engaged in loading or unloading merchandise
therefrom.

(e) Unless in an emergency or where otherwise indicated by
signs, or to allow another vehicle or pedestrians to cross in front,
no vehicle shall be stopped in any street except close to and parallel
with the curb, and in no instance shall such vehicle be parked
less than four feet apart, nor with the near wheels further than
six inches from the curb, except as herein otherwise provided.

(f) Vehicles shall not be stopped in such manner as to block
or obstruct the orderly and lawful passage of other traffic nor
upon any crossing nor between a safety zone and curb, nor within
fifteen feet of the ends of any obstruction opposite the vehicle.
Vehicles stopped two or more abreast, parallel with the curb,
shall be deemed to obstruct traffic and in violation hereof.

(g) Stopping a vehicle at any time, upon any highway, for
the purpose of advertising any article of any kind, or displaying
thereupon advertisements of any article, or advertisement for
sale of the vehicle itself, is prohibited.

(h) However, if any officer charged with the enforcement of
this subsection shall find a vehicle standing upon a highway in
violation of the provisions of this subsection, he is hereby authorized
to move or cause such vehicle to be moved.

(i) The driver of any vehicle which is temporarily disabled
while on the paved surface of a highway shall remove same as
expeditiously as conditions and circumstances may permit.

(j) No load of logs, timber, lumber or any long and heavy
substance made up of two or more pieces of any material shall
be hauled on the streets of this City, in wagons, trucks, or other
vehicles, unless securely bound together, at both ends, with chains
or cables of sufficient length and strength to hold them securely
so as to prevent separation of the several parts of such load, provided,

however, that lumber of less than twenty feet only one
chain or cable shall be required to bind or tie the same. Such
loads shall be securely fastened to or upon such wagon, truck,
or other vehicle, so as to prevent slipping and falling therefrom.

Sec. 489(26). Parking in front of fire hydrant, fire station
or private driveway.

No person shall park a vehicle or permit it to stand, whether
attended or unattended, upon a highway in front of a private
driveway or within fifteen feet in either direction of a fire hydrant
or the entrance to a fire station nor within twenty feet
from the intersection of curb lines or if none, then within fifteen
feet of the intersection of property line at an intersection of
highways.

Sec. 489(27). Motor vehicles left unattended—brakes
to be set and engine stopped.

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

Sec. 489(28). Driving on steep grades.

The driver of a motor vehicle descending steep grades shall
hold such motor vehicle under control and as near the righthand
side of the highway as reasonably possible.

Sec. 489(29). Coasting prohibited.

The driver of a motor vehicle when traveling upon a down
grade upon any highway shall not coast with the gears of such
vehicle in neutral.

Sec. 489(30). Duty to stop in event of accident.

(a) The driver of any vehicle involved in an accident resulting
in injuries or death to any person or damage to property shall
immediately stop such vehicle at the scene of such accident and
any person violating this provision shall upon conviction be punished
as provided in subsection sixty-five of this section.

(b) The driver of any vehicle involved in any such accident
shall also give his name, address, chauffeur's license number and
the registration number of his vehicle to the person struck
or the driver or occupants of any vehicle collided with and shall
render to any person injured in such accident reasonable assistance,
including the carrying of such person to a physician, surgeon
or hospital for medical or surgical treatment if it is apparent
that such treatment is necessary or is requested by the injured
person and it shall be unlawful for any person to violate
this provision.

Sec. 489(31). Duty to report accident.

The driver of any vehicle involved in an accident resulting in
injuries or death to any person or property damage to an apparent
extent of ten dollars or more shall within twenty-four hours
forward a report of such accident to the police headquarters.

Sec. 489(32). Garage keeper to report damaged vehicles.

The person 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 a bullet shall report
to the police station within twenty-four hours after such
motor vehicle is received giving the engine number, registration
number and the name and address of the owner or operator of
such vehicle, if known.

Sec. 489(33). Drivers of state, county and city vehicles
subject to provisions of this section.

The provisions of this ordinance applicable to the drivers of
vehicles upon the highways shall apply to the drivers of all vehicles
owned or operated by the State or any political subdivision
thereof or of any city, town or district subject to such specific
exceptions as are set forth in this section.

Sec. 489(34). Powers of mayor or chief of police.

The Mayor or Chief of Police shall have power to regulate
traffic by means of traffic officers or semaphores or other signaling
devices on any portion of the highway where traffic is heavy
or continuous, or where in their judgment conditions may require,

and may regulate the use of the highways by processions
or assemblages.

The Mayor and Chief of Police may also, when and where
conditions require:

(a) Adopt any such regulations not in conflict with the provisions
of this section, as they shall deem advisable and necessary;
and repeal, amend or modify any such regulations provided,
however, that such regulations, laws, or rules shall not be
deemed to be violated, if, at the time of the alleged violation the
designation placed in conformity with this paragraph was missing,
effaced, mutilated or defaced, so that an ordinary observant
person, under the same circumstances would not be appraised of
or aware of the existence of such rule.

The Mayor and Chief of Police may adopt regulations requiring
all vehicles to come to a full stop at any street intersection
other than a street which has been designated for service of
through traffic in connection with the State Highway System.

(b) Officers of the law, authorized or permitted under this
section, shall by voice, hand or signal, direct all traffic, but shall
not forbid or prevent any one from proceeding or standing in a
manner permitted or required by law.

(c) Signals by traffic officers: Signals by traffic officers shall
be as follows:

1. By hand: to stop traffic: stand with shoulders parallel
with moving traffic, and with arm raised forty-five degrees above
shoulder toward lines of traffic, hand extended, palm toward
traffic to be stopped. Repeat movement with other hand to stop
traffic in opposite direction.

By hand: to move traffic: stand so that shoulders are parallel
to line of traffic to be moved. Extend right arm and hand full
length, height of shoulder toward traffic, fingers extended and
joined, palm downward; bring hand sharply in direction traffic
is to move. Face about and repeat the same movement to move
traffic proceeding from opposite direction.

2. By whistle: one blast—moving traffic to stop; two blasts—
traffic in opposite direction to move; three or more short blasts—
to warn of approach of fire apparatus, or of an emergency, when
all traffic shall immediately clear the intersection and stop.

3. By lights or semaphores: red indicates that traffic then
moving shall stop and remain stopped as long as the red signal
is shown.

Green indicates that traffic shall then move in the direction of
the signal, and remain in motion as long as the green signal is
given.

Amber indicates that a change is about to made in the directions
of the movement of traffic. When the amber signal is
shown traffic which has not already entered the intersection including
the crosswalks, shall stop, but, that which has entered
the intersection shall continue to move until the intersection has
been entirely cleared.

When semaphores are not in operation the use of an amber
light indicates need for caution.

TITLE 2.

The Size, Weight, Construction and Equipment
of Vehicles.

Sec. 489(35). Scope and effect of regulations in this
title.

It shall be unlawful and constitute a misdemeanor for any person
to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehicle or vehicles
of a size or gross weight exceeding the limitations stated
in this title or any vehicle or vehicles which are not so constructed
or equipped as required in this title or the rules and regulations
of the department adopted pursuant thereto.

Sec. 489(36). Size of vehicle and loads.

(a) No vehicle shall exceed a total outside width, including
any load thereon, in excess of ninety-six inches, excepting that
farm tractors shall not exceed one hundred and eight inches, and
excepting, further, that the limitations as to size of vehicles stated
in this section shall not apply to implements of husbandry temporarily
propelled or moved upon the public highway.

(b) No vehicle unladen or with load shall exceed a height of
twelve feet, six inches.

(c) No vehicle shall exceed a length of thirty feet, and no
combination of vehicles coupled together shall exceed a total
length of eighty-five feet.

(d) No train of vehicles or vehicle operated alone shall carry
any load extending more than three feet beyond the front thereof.

(e) No passenger vehicle shall carry any load extending beyond
the line of the fenders on the left side of such vehicle nor
extending more than six inches beyond the line of the fenders on
the right side thereof.

Sec. 489(37). Flag or light at end of load.

Whenever the load on any vehicle shall extend more than four
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 load, a red flag not less
than twelve inches both in length and width, except that between
one-half hour after sunset and one-half hour before sunrise,
there shall be displayed at the end of any such load a red or amber
light plainly visible under normal atmospheric conditions at
least two hundred feet from the rear of such vehicle.

Sec. 489(38). Weight of vehicles and loads.

No vehicle shall be drawn or propelled over any of the public
highways within this City the wheel load of which shall exceed
eight thousand pounds per wheel, or having a weight exceeding
six hundred and fifty pounds per inch, width of tires,
measured in contact with the surface of the highway. No vehicle
or combination of vehicles shall carry a gross weight, including
weight of vehicle and load, exceeding forty thousand
pounds, nor the wheel load weight or per inch width of tire exceed
that specified above; and provided, further that no vehicle
shall cross any bridge or culvert within this City where the gross
load is greater than the amount posted on the bridge or culvert
as its carrying capacity. Any violation of this subsection shall
constitute a misdemeanor and shall be punished as provided in
subsection 64 of this section.

Sec. 489(39). Officers may weigh vehicle and require
removal of excess load.

Any officer authorized to enforce the law under this section,

having reason to believe that the weight of a vehicle and load is
unlawful is authorized to weigh the same either by means of
loadometers or scales and may require that such vehicle be driven
to the nearest scales in the event such scales are within two miles.
The officer may then require the driver to immediately unload
such portion of the load as may be necessary to decrease the
gross weight of such vehicle to the maximum therefor specified
in this section.

Sec. 489(40). Permits for excessive size and weight.

The Mayor and Chief of Police may, in their discretion, upon
application in writing and good cause being shown therefor, issue
a special permit in writing authorizing the applicant to operate
or move a vehicle upon the highways of a size or weight
exceeding the maximum specified in this section. Every such
permit shall be issued for a single trip and may designate the
route to be traversed and contain any other restrictions or conditions
deemed necessary by the one granting such permit. Every
such permit shall be carried in the vehicle to which it refers and
shall be open to inspection by any such officer, and it shall be unlawful
for any person to violate any of the terms or conditions
of such special permit.

Sec. 489(41). Mayor and chief of police may decrease
weight limits.

The Mayor and Chief of Police may adopt regulations decreasing
the weight and load limit specified in subsection 38 for
a total period not to exceed 90 days in any calendar year, when
operation over streets or highways by reason of deterioration,
rain, snow or other climatic conditions, will seriously damage
such streets or highways unless such weights are reduced. No
such regulation shall be effective unless signs stating the weight
specified in such regulations are erected at each end of the section
of the street or highway affected.

Sec. 489(42). Restrictions as to tire equipment.

(a) Every solid rubber tire on a vehicle moved on any highway
shall have rubber on its entire traction surface at least one
inch thick above the edge of the flange of the entire periphery.

(b) No tire on a vehicle moved on a highway shall have on

its periphery any block, stud, flange, cleat or spike or any other
proturberance of any material other than rubber, which projects
beyond the tread of the traction surface of the tire, without its
being transported on a temporary track of plank or other suitable
material, except that it shall be permissible to use farm machinery
having protuberance which will not seriously injure the
highway, and to use tire chains of reasonable proportions when
required for safety because of snow, ice or other conditions tending
to cause a vehicle to slide or skid.

(c) The Mayor or Chief of Police may, in their discretion,
issue special permits authorizing the operation upon a highway
of traction engines or tractors having movable tracks with transverse
corrugations upon the periphery of such movable tracks.

Sec. 489(43). Trailers and towed vehicles.

(a) No motor vehicle shall be driven upon any highway drawing
or having attached thereto more than one other vehicle, except
that a motor vehicle with semi-trailer may draw in addition
thereto one other vehicle.

(b) The draw bar or other connection between any two vehicles,
one of which is towing or drawing the other on a highway,
shall not exceed fifteen feet in length from one vehicle to the
other. Whenever such connection consists of a chain, rope, or
cable, there shall be displayed upon such connection a red flag
or cloth, not less than twelve inches both in length and width.

(c) Provided that the Mayor and Chief of Police may in
their discretion issue special permits for vehicles to be driven
upon the streets drawing or having attached thereto more than
one other vehicle, trailer or semi-trailer.

Sec. 489(44). Brakes.

Every motor vehicle when operated upon a highway shall be
equipped with brakes adequate to control the movement of and
to stop such vehicle or vehicles, and such brakes shall be maintained
in good working order and shall conform to regulations
to be promulgated by the commissioner.

Sec. 489(45). Horns and warning devices.

(a) Every motor vehicle when operated upon a highway shall

be equipped with a horn in good working order capable of emitting
sound audible under normal conditions over a distance of
not less than two hundred feet; and it shall be unlawful for any
vehicle to be equipped with or for any person to use upon a vehicle
any siren, exhaust, compression or spark plug whistle or
for any person at any time to use a horn otherwise than as a
reasonable warning or to make an unnecessary or unreasonably
loud or harsh sound by means of a horn or other warning device,
except that the vehicles of common carriers, or extraordinarily
large and heavy vehicles may be equipped with such type of
warning device as the Director of the Division of Motor Vehicles
may require or permit.

(b) Every police and fire department vehicle and every ambulance
used for emergency calls shall be equipped with a siren
or exhaust whistle of a type not prohibited by the department.

Sec. 489(46). Mirrors.

All motor vehicles so constructed or loaded as to prevent the
driver from obtaining a view of the highway to the rear shall be
equipped with a mirror so located as to reflect to the driver a
plain view of the highway for a distance of at least two hundred
feet to the rear of such vehicle.

Sec. 489(47). Windshields on motor vehicles.

It shall be unlawful for any person to drive any vehicle upon
a highway with any sign, poster or other non-transparent material
upon the front windshield, side wings, or rear windows of such
motor vehicle other than a certificate or other paper required to
be so displayed by law, or which may be permitted by the Director
of the Division of Motor Vehicles.

Sec. 489(48). Prevention of noise, smoke, etc.—muffler
cutouts regulated.

(a) 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, annoying smoke and the escape of excessive gas,
steam, or oil. All exhaust pipes carrying exhaust gases from the

motor shall be directed parallel with the ground or slightly upward.

(b) It shall be unlawful to use a "muffler cutout" on any motor
vehicle upon a highway.

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

Sec. 489(49). Required lighting equipment of vehicles.

(a) When vehicles must be equipped.—Every vehicle upon a
highway within this City during the period from a half hour after
sunset to a half hour before sunrise and at any other time when
there is not sufficient light to render clearly discernible any person
on the highway at a distance of two hundred feet ahead,
shall be equipped with lighted front and rear lamps as in this
subsection respectively required for different classes of vehicles
and subject to exemption with reference to lights on parked vehicles
as declared in subsection fifty-six.

(b) Head Lamps on Motor Vehicles.—Every motor vehicle
other than a motorcycle, road-roller, road machinery, or farm
tractor shall be equipped with two head lamps, no more and no
less, of approximately equal candle power at the front of and
on opposite sides of the motor vehicle which head lamps shall
comply with the requirements and limitations set forth in subsection
fifty-one or subsection fifty-two and except as to acetylene
head lamps shall be of a type which has been approved by the
Commissioner.

(c) Head Lamps on Motorcycles.—Every motorcycle shall
be equipped with at least one and not more than two head lamps
which shall be of a type approved by the commissioner and shall
project sufficient light to the front of such motorcycle to reveal
a person at a distance of two hundred feet, but shall not project
a glaring or dazzling light to persons approaching such motorcycle.

(d) Rear Lamps.—Every motor vehicle and every trailer or
semi-trailer which is being drawn at the end of a train of vehicles
shall carry at the rear a lamp exhibiting a red or yellow
light plainly visible under normal atmospheric conditions from a

distance of five hundred feet to the rear of such vehicle and so
constructed and placed that the number plate carried on the rear
of such vehicle shall under like conditions be so illuminated by a
white light as to be read from a distance of fifty feet to the rear
of such vehicle.

(e) Lamps on Bicycles.—Every bicycle shall be equipped with
a lighted lamp on the front thereof visible under normal atmospheric
conditions from a distance of at least three hundred feet
in front of such bicycle and shall also be equipped with a reflex
mirror or lamp on the rear exhibiting a red or yellow light visible
under like conditions from a distance of at least two hundred feet
to the rear of such bicycle.

(f) Lights on Other Vehicles.—All vehicles not heretofore in
this subsection required to be equipped with specified lighted
lamps shall carry one or more lighted lamps or lanterns projecting
a white light, visible under normal atmospheric conditions
from a distance of not less than five hundred feet to the rear and
front of such vehicle.

Sec. 489(50). Additional permissible lights on vehicles.

(a) Spot Lights.—Any motor vehicle may be equipped with
not to exceed two spot lights, except that a motorcycle shall not
be equipped with more than one spot light, and every spot light
shall be so aimed and used, upon approaching another vehicle,
that no part of the beam will be directed to the left of the center
of the highway, not more than one hundred feet ahead of the
vehicle.

(c) Other Exterior Lights Prohibited.—No vehicle shall be
with two side lamps upon the front of such vehicle and projecting
a light to the front or side and conforming to regulations adopted
by the commissioner. No electrical lamps or bulbs exceeding
four standard candle power shall be used in any such side lamp.

(c) Other exterior Lights Prohibited.—No vehicle shall be
equipped with any lighting device other than those required or
permitted in this or the preceding subsection except that this provision
shall not be deemed to prevent the use upon a motor vehicle
of interior lights of low candle power, nor the use of vacant
or destination signs on vehicles operated as public carriers.

(d) Auxiliary Lamps.—Any motor vehicle may be equipped
with such auxiliary lights of low candle power and illuminated
signal devices as may be permitted or required under this section
or the rules and regulations adopted by the commissioner.

(e) All vehicles with bodies extending over the wheels on the
sides and measuring seven feet or more in height from the ground
shall, in addition to the lights hereinbefore required, carry two
white lights on the front of the body, and two red lights on the
rear of the body so placed as to plainly show the width and height
of such vehicle, both front and back.

Sec. 489(51). Requirements as to head lamps.

(a) The head lamps of motor vehicles shall be so constructed,
arranged, and adjusted that they will at all times mentioned in
subsection forty-nine and under normal atmospheric conditions
produce a driving light sufficient to render clearly discernible a
person two hundred feet ahead, but shall not project a glaring or
dazzling light to persons in front of such head lamps.

(b) Head lamps shall be deemed to comply with the foregoing
provisions prohibiting glaring and dazzling lights if none of the
main portion of the head lamp beam rises above a horizontal
plane passing through the lamp centers parallel to the level road
upon which the loaded vehicle stands and in no case higher than
forty-two inches, seventy-five feet ahead of the vehicle.

(c) Whenever a vehicle is being operated upon a highway or
portion thereof which is sufficiently lighted to reveal any person
upon the highway at a distance of two hundred feet ahead of
such vehicle it shall be permissible to dim the head lamps or to
tilt the main beams of light thereof downward or such head
lamps may be extinguished provided such vehicle is equipped
with two lighted side lamps projecting a light to the front of such
vehicle and which comply with the rules and regulations of the
commissioner.

Sec. 489(52). Acetylene lights.

Motor vehicles may be equipped with two acetylene head lamps
of approximately equal candle power when equipped with clear
plain glass fronts, bright six inch spherical mirrors and standard
acetylene five-eighths foot burners not more and not less and which

project a driving light sufficient to render clearly discernible a
person upon the roadway within a distance of two hundred feet
but must not project a glaring or dazzling light into the eyes of
approaching drivers.

Sec. 489(53). Head lamp specifications, test and approval.

(a) The commissioner is authorized and required to determine
whether any head lamps of a type sold for use or used upon any
motor vehicle will comply with the requirements of subsection
fifty-one and the specifications set forth in this section and to approve
such head lamp devices and to publish lists thereof by
name and type as it shall determine are lawful herein after a laboratory
test as provided herein.

(b) The commissioner is authorized to accept a certificate of
the United States bureau of standards or some other recognized
testing laboratory having an arrangement with the said bureau
by which appeal may be made to it in case of dispute as to the
findings of such other laboratory which certificate certifies that
a head lamp device is of a type which by laboratory test has been
found to meet the specifications set forth in this section when
properly mounted, adjusted, and equipped with proper candle
power bulbs provided the commissioner is hereby authorized to
refuse approval to any device certified as above which the commissioner
determines will be in actual use unsafe or impracticable
or would fail to comply with the provisions hereof.

(c) Head lamps by laboratory test shall meet the following
requirements and limitations:

1. In the median vertical plane parallel to the lamps on a level
with the centers of the lamps not less than eighteen hundred and
not more than six thousand apparent candle power.

2. In the median vertical plane, one degree of arc below the
level of the center of the lamps, not less than seven thousand two
hundred apparent candle power, and there shall not be less than
seven thousand two hundred apparent candle power anywhere
on the horizontal line through this point, one degree of arc to the
left and to the right of this point.

3. In the median vertical plane, one degree of arc above the

level of the center of the lamps, not more than twenty-four hundred
nor less than eight hundred apparent candle power.

4. Four degrees of arc to the left of the median vertical plane
and one degree of arc above the level of the center of the lamps
not more than eight hundred apparent candle power.

5. One and one-half degrees of arc below the level of the center
of the lamps and three degrees of arc to the left and to the
right, respectively, of the median vertical plane not less than five
thousand apparent candle power nor less than this amount anywhere
on the line connecting these two points.

6. Three degrees of arc below the level of the center of the
lamps and six degrees of arc to the left and to the right, respectively,
of the median vertical plane not less than two thousand
apparent candle power nor less than this amount anywhere on
the line connecting these two points.

Sec. 489(54). Head lamp devices must be tested and
approved before sale or use.

(a) It shall be unlawful for any person to sell or offer for
sale, either separately or as a part of the equipment of a motor
vehicle, or to use upon a motor vehicle on a highway any head
lamp, head lamp lens reflector, or head lamp control device or any
combination thereof unless of a type which has been submitted to a
laboratory test and found to comply with the specifications herein
set forth and which type has been approved by the commissioner.

(b) It shall be unlawful for any person to sell or offer for sale
either separately or as a part of the equipment of a motor vehicle
any head lamp device approved by the commissioner unless such
device bears thereon a trade mark or name and is accompanied
by printed instructions as to the proper candle power globes to be
used therewith as approved by the commissioner and any particular
method of mounting or adjustment as to focus or tilt necessary
to enable such device to meet the requirements of this section.

Sec. 489(55). Retest of approved head lamp device.

The commissioner when having reason to believe that an approved
head lamp device sold commercially does not under ordinary

conditions of use comply with the requirements of this
section may after notice to the manufacturer thereof suspend or
revoke the certificate of approval issued therefor until or unless
such head lamp device is resubmitted to and retested by an authorized
testing agency and is found to meet the requirements of this
section. The commissioner may at the time of the retest purchase
in the open market and submit the testing agency one or
more sets of such approved head lamp device and if such device
upon such retest fails to meet the requirements of this section
the commissioner may revoke the certificate of approval of such
device.

Sec. 489(56). Lights on parked vehicles.

Whenever a vehicle is parked or stopped upon a highway
whether attended or unattended during the times mentioned in
subsection forty-nine 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 feet to
the front of such vehicle and projecting a red or yellow light visible
under like conditions from a distance of five hundred feet to
the rear except that no lights need be displayed upon any such
vehicle when parked in accordance with this and other subsections
upon any highway where there is sufficient light to reveal any
persons within a distance of two hundred feet upon such highways.

Sec. 489(57). Red or green light visible from in 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.

Sec. 489(58). Signal devices.

(a) Any motor vehicle which is so constructed or carries a
load in such manner as to prevent the hand and arm signal described
in this section from being visible both to the front and
rear of such vehicle shall be equipped with a mechanical or electrical
signal device which meets the requirements of this section
and is of a type approved by the Director of the Division of Motor
Vehicles.

(b) Every device intended to give a signal of intention to turn
or stop a vehicle shall give a signal plainly visible at all times
from a distance of at least one hundred feet to the rear of the
vehicle upon which it is used.

(c) The Director of the Division of Motor Vehicles is authorized
to adopt and enforce rules and regulations not inconsistent
with this section governing the construction, location, and
operation of signal devices and the color of lights which may be
used in any such electric devices. The Director is authorized to
accept a certificate of the United States bureau of standards of
some other recognized testing laboratory having an arrangement
with the said bureau by which appeal may be made to it in case
of dispute as to the findings of such other laboratory, which certificate
certifies that a signal device is of a type which has been
found to meet the regulations of the Director with reference
thereto.

(d) It shall be unlawful for any person to sell or offer for
sale, either separately or as a part of the equipment of a vehicle,
or to use upon a vehicle on a highway any signal device intended
to give notice of intention to turn or stop the vehicle upon which
it is used unless meeting the requirements of this section and of
a type first approved by the Director.

TITLE 3.

Highway Traffic Signs.

Sec. 489(59). Local traffic signs.

The Mayor or City Manager may cause appropriate signs to
be erected and maintained, designating residence and business
districts, highways and steam or interurban railway grade crossings
and such other signs as may be deemed necessary to carry
out the provisions of this section and to control traffic.

Sec. 489(60). Other than official signs prohibited.

No unauthorized person shall erect or maintain upon any highway
any warning or direction sign, marker, signal or light in imitation
of any official sign, marker, signal or light erected under
the provisions of this section, and no person shall erect or maintain

upon any highway any traffic or highway sign or signal bearing
thereon any commercial advertising, provided nothing in this
subsection shall be construed to prohibit the erection or maintenance
of signs, markers, or signals thereon the name of an organization
authorized to erect the same by the State Highway
Commission, Mayor or City Manager.

Sec. 489(61). Injuring signs.

It shall be unlawful to deface, injure, knock down or remove
any sign legally posted as provided in this section.

TITLE 4.

Penalties.

Sec. 489(62). Penalties for Misdemeanor.

(a) It shall be unlawful for any person to violate any of the
provisions of this section.

Every person convicted for a violation of any of the provisions
of this section for which no other penalty is provided shall
for a first conviction thereof be punished by a fine of not less
than $2.50 nor more than one hundred dollars or by imprisonment
in jail for not less than one nor more than ten days; for
second such conviction within one year such person shall be
punished by a fine of not less than ten dollars nor more than two
hundred dollars or by imprisonment in jail for not less than one
nor more than twenty days, or by both such fine and imprisonment;
upon a third or subsequent conviction within one year
such person shall be punished by a fine of not less than twenty-five
dollars nor more than five hundred dollars or by imprisonment
in jail for not less than ten days nor more than six months.

Where, in this section, in any case, it is provided that a fine or
jail sentence may be imposed it shall be construed to mean that
both the fine and jail sentence may be imposed.

Sec. 489(63). Penalty for reckless driving.

Every person convicted of reckless driving, under subsection
two of this section shall be punished for a first violation by a
fine of not less than ten dollars nor more than one hundred dollars,

or by confinement in jail not to exceed thirty days, or both.
For conviction for subsequent violations, a fine of not less than
fifty dollars, nor more than five hundred dollars, or he may be
further punished by imprisonment in jail for a period of not less
than ten days nor more than six months, or by both such fine and
imprisonment.

Sec. 489(64). Penalty for failure to stop in event of
accident involving personal injury.

Every person convicted of violating subdivision (a) of subsection
thirty, relative to the duty to stop in the event of personal
injury accidents, shall be punished by imprisonment in jail for
not less than thirty days nor more than one year, or by fine of
not less than one hundred dollars nor more than five thousand
dollars, or by both such fine and imprisonment.

TITLE 5.

Procedure Upon Arrest, Reports, Disposition of Fines and
Forfeitures.

Sec. 489(65). Appearance upon arrest.

(a) Whenever any person is arrested for a violation of any
provision of this section the arresting officer, shall, except as otherwise
provided in this subsection, take the name and address of such
person and the license number of his motor vehicle and issue a
summons or otherwise notify him in writing to appear at a time
and place, to be specified in such summons or notice, such time
to be at least 5 days after such arrest unless the person arrested
shall demand an earlier hearing, and such person shall, if he so desire,
have a right to have immediate hearing or a hearing within
24 hours at a convenient hour, at the next session of the Civil and
Police Justice Court. Such officer shall thereupon and upon the
giving by such person of his written promise to appear at such
time and place forthwith release him from custody.

Any person refusing to give such written promise to appear
shall be taken immediately by the arresting officer before the
nearest or most accessible court having jurisdiction under this
section.

Any person who wilfully violates his written promise to appear,
given in accordance with this subsection, shall be guilty of a
misdemeanor and regardless of, and in addition to the disposition
of the charge upon which he was originally arrested.

(b) The provisions of subsection (a) of this section shall not
apply to any person arrested and charged with an offense causing
or contributing to an accident resulting in the injury or death
to any person nor to any person charged with reckless driving
or driving in excess of thirty miles per hour within a business or
residence district or in excess of forty-five miles per hour outside
of a business or residence district nor to any person charged
with driving while drunk or under the influence of intoxicating
liquor or narcotic drugs nor to any person whom the arresting
officer shall have good cause to believe has committed a felony,
and the arresting officer shall take such person forthwith before
the nearest or most accessible magistrate.

(c) Any officer violating any of the provisions of this section
shall be guilty of misconduct in office and subject to removal
therefrom upon complaint filed by any person with the Council.

Sec. 489(66). Report of convictions to be sent to department.

(a) The civil and police justice shall keep a full record of
every case in which a person is charged with violation of any
provision of this section and in the event that such person is convicted
or that his bail is forfeited, an abstract of such record shall
be sent forthwith by the civil and police justice to the department.

(b) Abstracts required by this subsection shall be made upon
forms prepared by the department and shall include all necessary
information as to the parties to the case, the nature of the offense,
the date of hearing, the plea, the judgment, the amount of the
fine or forfeiture, as the case may be, and every such abstract
shall be certified by said justice or clerk of such court, as a true
abstract of the records of the court.

(c) Each clerk of any court of record of this City shall also,
within ten days after any final judgment of conviction of any violation
of any of the provisions of this section, send to the department
a certified copy of such judgment of conviction. Certified
copies of the judgment shall also be forwarded to the department

upon conviction of any person of manslaughter or other felony
in the commission of which a vehicle was used.

(d) Wilful failure, refusal or neglect to comply with any of
the provisions of this subsection shall subject the person who is
guilty thereof, to a fine of not less than ten dollars and not more
than fifty dollars, and may be grounds for removal from office.
Charges for dereliction of the duties imposed by this subsection
shall be tried by the court of record having jurisdiction over the
officer whose neglect is complained of, and the proceedings shall
be upon an informal complaint of any person.

TITLE 6.

Pedestrians.

Sec. 489(67). Pedestrians.

(a) The roadbeds of highways are primarily intended for vehicles,
but pedestrians have the right to cross them in safety, and
drivers of street cars and vehicles shall exercise proper care not
to interfere with such rights nor to injure them or their property.

(b) When crossing highways or streets, pedestrians shall not
carelessly or maliciously interfere with the orderly passage of vehicles,
and shall cross wherever possible only at intersections or
crosswalks. Pedestrians in crossing any street at intersection
with another street, shall at all times have the right of way over
vehicles making right turns into street being crossed by such pedestrians.

(c) At such intersections where no traffic officer is on duty
pedestrians shall have the right of way over vehicles.

(d) This shall not entitle the pedestrian to enter or cross
the intersection regardless of approaching traffic, but shall be
interpreted to require vehicles to change their course, slow down,
or come to a complete stop if necessary to permit pedestrians to
safely and expeditiously negotiate the crossing.

(e) Pedestrians shall cross only at right angles, and shall not
cross highways diagonally; nor, except to board a street car, or
to enter a safety zone at right angles, shall they step into that
portion of the highway open to moving traffic, at any point between
intersections where their presence would be obscured from

the vision of approaching drivers by a vehicle or other obstruction
at the curb or side.

(f) At intersections where traffic officers are on duty, pedestrians
shall cross the intersection only with released traffic, and
shall be subject to the same signals as govern the movement of
other traffic.

(g) When actually boarding or alighting from a street car
pedestrians shall have the right of way over vehicles, but shall
not in order to board or alight from street cars, stop into the
street sooner, nor remain there longer than is absolutely necessary
to do so.

(h) Pedestrians shall not use the highways, other than the
sidewalks thereof, for travel, except when obliged to do so by the
absence of sidewalks reasonably suitable and passable for their
use, in which case they shall keep as near as reasonably possible
to the extreme left side or edge of same.

(i) No person shall play on a highway or use in play thereon
roller skates, coasters, or any similar vehicle or toy or other article
on wheels or runners, excepting bicycles, tricycles and motorcycles,
except in such areas as may be especially designated for
that purpose by the Mayor or Chief of Police.

(j) Any person convicted of violating any of the provisions
of this subsection shall be fined not less than two dollars nor more
than twenty-five dollars for each separate offense except subparagraph
(b) and for any conviction thereunder the minimum
fine shall be ten dollars.

TITLE 7.

One Way Streets.

Sec. 489(68). One way streets.

The following streets are hereby declared one way streets and
it shall be unlawful for any vehicle to be propelled or moved in
a direction other than herein set forth.

The following streets shall be used only for sound bound traffic:

Fifth Street East, Third Street East, and First Street from

High Street north of Main Street to Water Street south of Main
Street.

The following streets shall be used only for north bound traffic:

Fourth Street East, Second Street East, and Second Street
West, from High Street, north of Main Street to Water Street,
south of Main Street.

On University Place the following streets are declared one
way streets:

Linden Avenue from the north end of University Way for
West bound traffic; Maple Street for East bound traffic, and University
Way between Maple Street and Linden Avenue for north
bound traffic.

TITLE 8.

Miscellaneous.

Sec. 489(69). Mayor and chief of police to have general
supervision over traffic.

The Mayor and Chief of Police shall have general supervision
and control of the management and parking of vehicles in the
interest of public safety, comfort and convenience not inconsistent
with the provisions of this section or of Chapter 474 of the
Acts of General Assembly of Virginia 1926, and any amendments
thereof, known as "Uniform Act Regulating the Operation of
Vehicles on Highways." Persons using the sidewalks and streets
of the City shall comply at all times and places with any direction
by voice, hand, whistle, sign or signal from any member of the
police force as to the stating, stopping, slowing, parking, approaching
or departing from any place; also as to the manner of
taking up or setting down passengers, and in loading and unloading
vehicles. The Mayor and Chief of Police shall have authority
to place upon the sidewalks and streets of the City such signs,
signals and other devices for handling traffic as they may deem
necessary.

Any person violating any of the provisions of this subsection
shall, for each offense, be liable to a fine of not less than $2.50 nor
more than twenty-five dollars.

Sec. 489(70). Permits.

No person shall operate a motor vehicle upon the streets of the
City unless he or she shall have obtained a written permit from
the Chief of Police which shall cost fifty cents (50c). For a
violation of this section a fine of not less than one dollar ($1.00)
nor more than twenty dollars ($20.00) shall be imposed. No
person shall be granted a permit unless the Chief of Police is
satisfied after a personal examination that such person is capable
and competent to operate a motor vehicle.

Sec. 489(71). Uniformity of interpretation.

This section shall be so interpreted and construed as to effectuate
its general purpose to make uniform the laws of the State
of Virginia, relating to motor vehicles and their operation.

Sec. 489(72). Parking on the streets of the city.

(a) No vehicle shall be parked on Main Street from Seventh
Street East to Preston Avenue, between 7 A. M. and 6 P. M. for
a period of more than thirty minutes, except on Sundays.

No vehicle shall be parked between Market Street and Water
Street on Second Street West; First Street, Second Street East;
Third Street East; Fourth Street East and Fifth Street East between
7 A. M. and 6 P. M. for a period of more than two hours
except on Sunday.

(b) No vehicle shall be parked on any of the streets of the
City between twelve o'clock midnight and six A. M. without a
parking light on the front and rear of such vehicle.

(c) Parking (with vehicle heading either way) is permitted
only on the designated side of the following streets:

On the east side of Rugby Road from Main Street to a point
opposite the entrance to Wayside Place; on E. side of Madison
Lane; on North side of Linden Avenue, from Rugby Road to
the northern end of University Way; on the West side of University
Way south of Maple Street; on the north side of Maple
Street; on the West side of Elliwood Avenue; on the East side of
Ninth Street between Main Street and the C & O Railroad and
on the north side of West Main Street between Fourteenth Street
and Rugby Road; on the West side of Fourteenth Street between
Virginia Avenue and Gordon Avenue; on the West side of Park

Street between High Street and Hedge Street; on the east side of
Chancellor Street from University on to Rugby Road. No parking
is permitted on the undesignated side of said streets.

(d) No vehicles may be parked on West Main Street between
Fourteenth Street and Chancellor Street between 7 A. M. and 6
P. M. for a period of more than thirty minutes, except on Sunday.

(e) No parking is permitted on Fourth Street, S. E., between
Water Street and South Street.

(f) Diagonal or head-in parking may be permitted by the
Mayor and Chief of Police by Police Regulations, provided, however
that such regulations shall not become effective until the
places for such parking are designated by appropriate lines or
markers on the streets where such parking is permitted.

(g) Violation of this section shall be punished as follows:
for the first conviction by a fine of not less than $2.50 nor more
than $5.00; for the second conviction within one year by a fine of
not less than $5.00 nor more than $10.00; and for the third or
subsequent conviction within one year by a fine of not less than
$10.00 nor more than $25.00.

Sec. 489(73). City license number plates to be attached
to rear of motor vehicle.

License number plates shall be issued each year by the City to
each owner of a motor driven vehicle on which the City license
tax has been paid. Such license number plate shall always be in
evidence upon the rear of each machine. And shall be maintained
in such a condition as to be legible at all times.

For each violation of this section a fine of not less than $2.50
nor more than $5.00 shall be imposed.

Sec. 489(74). Motor vehicles operated or used for the
transportation of passengers for hire—registration
of such vehicles — registration of drivers of such
vehicles—bond required—schedule of charges.

(a) Every taxi or motor vehicle operated or used upon the
streets, highways, or alleys of the City of Charlottesville for the
transportation of passengers for hire within the City shall be
thoroughly and carefully inspected by the owner and maintained
in a good and safe condition at all times.

Every such vehicle except those hired for funeral purposes

while thus engaged shall be equipped with a meter which shall
register accurately the distance traveled between any given points.

(b) Passenger motor vehicles for hire operating within the
City of Charlottesville or which have a terminal within the City
of Charlottesville shall be registered with the Chief of Police.
The registration card of each vehicle giving the name of the owner
with the legal authorized rates shall be conspicuously posted in,
or on, the motor vehicle and such registration shall be subject to
revocation by the Mayor or Chief of Police. For such registration
a fee of $2.00 for the first car and $1.00 for each additional
car operated, shall be paid to the City.

(c) No person shall drive a motor vehicle for hire in the City
of Charlottesville until he has been registered by the Chief of
Police. No person under the age of sixteen years shall be registered.
No such registration shall be granted until the applicant
has shown to the satisfaction of the Chief of Police by examination
his ability to operate such vehicle and knowledge of the
traffic ordinances and regulations of the City. Registration fee
of $3.00 shall be required and such fees together with two photographs,
post-card size, of such applicant shall accompany each
application. Annual registration on or before May 1st is required
but where a driver registers each successive year the fee
of $3.00 shall be charged only for the original registration. The
registration card with a photograph attached shall be conspicuously
posted in the vehicle operated by such driver.

(d) Every person, firm or corporation operating motor vehicles
or taxies for hire within the City shall be required to give
a satisfactory bond in the sum of five Thousand Dollars,
($5,000.00) to cover any liability that might result to persons
or property from such operations, provided that such bond
shall not be required when the owner of such vehicle shall
take out and keep in force, public liability and property damage
insurance in some Company authorized to do business in this
State on each motor vehicle as follows:

$ 5,000.00 for loss sustained by the insured by reason of bodily
injury to, or death of any one person in one accident.

$10,000.00 for loss sustained by the insured by reason of bodily
injury to, or death of more than one person in any one accident.

$ 1,000.00 for damages to property of any person other than the
insured.

Such policies or certificates thereof shall be deposited with the
City Manager.

(e) Rates.—The maximum rates to be charged by passenger
motor vehicles for hire operating in whole or in part in the City
shall be 50c for the first passenger for the first mile, or fraction
thereof and $.25 for each additional mile or fraction thereof,
for first passenger, and 25c per mile for each extra passenger
or at the option of the passenger or passengers, hourly
rates may be paid which shall sot be greater than $2.50 per
hour for five passenger cars and $3.00 per hour for seven
passenger cars while running, and $1.00 per hour for waiting
provided that a wait of less than half an hour shall be included
in the running time. No charge shall be made for time consumed
in repairs. When cars are ordered from the owners place of
business these rates may include distance to place call is made.

(f) Any violation of any of the provisions of this subsection
shall be punished by a fine of not less than $5.00 nor more than
$100.00 for each offense.