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.
