University of Virginia Library

CHAPTER 18.

Motor Vehicles and Traffic.

Article I. Regulation of Traffic Generally.

                                                                                                                                             

§ 1.	Definitions.
§ 2.	Uniformity of interpretation.
§ 3.	Unlawful not to comply with article.
§ 4.	Drivers of state, county and city vehicles subject to provisions of chapter.
§ 5.	Persons riding bicycles or animals to obey traffic regulations.
§ 6.	Supervision by mayor and chief of police; traffic signs; penalty for violating regulations.
§ 7.	Regulatory powers of mayor and chief of police.
§ 8.	Direction of traffic by officer.
§ 9.	Signals by traffic officers.
§ 10.	Signals by lights or semaphores.
§ 11.	Local traffic signs.
§ 12.	Other than official traffic signs prohibited.
§ 13.	Injuring signs.
§ 14.	Driving while under the influence of intoxicating liquor or narcotic drugs.
§ 15.	Duty to report accident.
§ 16.	Garage keeper to report damaged and abandoned vehicles.
§ 17.	Reckless driving.
§ 18.	Restrictions as to speed; other acts declared misdemeanors.
§ 19.	Special speed limitations on bridges.
§ 20.	When speed limit not applicable.
§ 21.	Drive on right side of highways.
§ 22.	Keep to the right in crossing intersections or railroads.
§ 23.	Special regulations applicable on streets and highways laned for traffic.
§ 24.	Passing vehicles proceeding in opposite directions.
§ 25.	Overtaking a vehicle.
§ 26.	Driver to give way to overtaking vehicle.
§ 27.	Limitations on privilege of overtaking and passing.
§ 28.	Following too closely.
§ 29.	Turning around in street.
§ 30.	Turning at intersection.
§ 31.	Signals on starting, stopping or turning.
§ 32.	Right-of-way.
§ 33.	Exception to the right-of-way rules.
§ 34.	What to do on approach of police or fire department vehicle; following fire apparatus, etc.
§ 35.	Pedestrians.
§ 36.	Driving through safety zone prohibited.
§ 37.	Railroad warning signals must be obeyed.
§ 38.	Slowing down or stopping at railway grade crossings.
§ 39.	Stopping on highway.
§ 40.	Parking in front of fire hydrant, fire station, private driveway or intersection.
§ 41.	Driving on steep grades.
§ 42.	Coasting prohibited.
§ 43.	Lighting equipment of vehicles.
§ 44.	Requirements as to headlamps.
§ 45.	Acetylene lights.
§ 46.	Lights on parked vehicles.
§ 47.	Brakes; precautions to be taken when vehicles left unattended.
§ 48.	Steering gear.
§ 49.	Horns and warning devices.
§ 50.	Mirrors.
§ 51.	Signs, posters, etc., on windshields; windshield wipers.
§ 52.	Flag or light at end of load.
§ 53.	Prevention of noise, smoke, etc.; spilling contents from vehicles; vehicles hauling logs, etc.
§ 54.	Signal devices.
§ 55.	Sale or use of equipment not approved by commissioner; trademarks on equipment.
§ 56.	Size of vehicle and loads.
§ 57.	Trailers and towed vehicles.
§ 58.	Weight of vehicles and loads.
§ 59.	Permits for excessive size and weight.
§ 60.	Mayor and chief of police may decrease weight limits.
§ 61.	Officers may weigh vehicle and require removal of excess load.
§ 62.	Restrictions as to tire equipment.
§ 63.	One-way streets.
§ 64.	Parking to be in accordance with signs, signals, etc.
§ 65.	Parking in certain streets between certain hours.
§ 66.	Parking of busses, trucks, etc., between midnight and 6:00 A. M.
§ 67.	City license number plates to be attached to rear of motor vehicle.
§ 68.	Duty to stop in event of accident.
§ 69.	Penalties for misdemeanor.
§ 70.	Appearance upon arrest.
§ 71.	Report of convictions to be sent to division.

Article II. Parking Meters.

                               

§ 72.	Definitions.
§ 73.	Parking meter zone established; time limit.
§ 74.	Installation and operation.
§ 75.	Marking parking spaces adjacent to meters; manner of parking.
§ 76.	How parking meter and space to be used; overtime parking.
§ 77.	Permitting vehicle to remain parked at meter after expiration of time limit.
§ 78.	Use of slugs, etc., in meters.
§ 79.	Parking for purpose of making sales.
§ 80.	Injuring or tampering with meters.
§ 81.	Duty of police in case of overtime parking; penalty.
§ 82.	Deposits required levied as fees for certain purposes.
§ 83.	Loading zones, bus stops, etc., in parking meter zones.
§ 84.	Use of meter space for receiving passengers, making deliveries, etc.
§ 85.	Owner of vehicle prima facie guilty of violation.
§ 86.	Penalty.
§ 87.	Article applicable only to parking between certain hours.

Article III. Vehicles for Hire.

           

§ 88.	Inspecting and maintaining in safe condition.
§ 89.	Registration of vehicles; posting registration card; fees.
§ 90.	Registration of drivers; posting registration card and photograph; fees.
§ 91.	Bond or insurance required of operators.
§ 92.	Maximum rates; posting schedule.
§ 93.	Penalty.

Article I. Regulation of Traffic Generally.[21]

Sec. 1. 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 section except in those instances
where the context clearly indicates a different meaning.

"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.

"Commissioner." The term "commissioner" shall mean commissioner
of the State Division of Motor Vehicles.

"Crossing" or "crosswalks". The term "crossing" 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.

"Division." The Division of Motor Vehicles of this state, acting
directly, or through its duly authorized officers and agents.

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

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

"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.

"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.

"Motorcycle." Every motor vehicle designed to travel on not
more than three wheels in contact with the ground, and any fourwheeled
vehicle weighing less than five hundred pounds and
equipped with an engine of less than six horse power except any
such vehicle as may be included within the term "tractor" as herein
defined.

"Motor vehicle." Every vehicle, as herein defined which is self-propelled,
or designed for self-propulsion.

"Owner." A person who holds the legal title of a vehicle, or in
the event a vehicle is the subject of 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 mortgagor of a vehicle is entitled to possession,
then such conditional vendee or lessee or mortgagor shall
be deemed the owner for the purpose of this act, except that in all
such instances when the rent paid by the lessee includes charges
for services of any nature and when the lease does not provide
that title shall pass to the lessee upon payment of the rent stipulated,
the lessor shall be regarded as the owner of such vehicle, and
said vehicle shall be subject to such requirements of this act as are
applicable to vehicles operated for compensation.

"Passenger motor bus." Shall mean every vehicle running upon
a fixed schedule, engaged in carrying passengers, and having a
seating capacity of six or more persons.

"Pedestrian." Shall include and mean any person walking
afoot, and not at the moment, a passenger within a vehicle.

"Pneumatic tires." All tires inflated with compressed air.

"Private road or driveway." Every road or driveway not open
to the use of the public for the purpose of vehicular travel.

"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.

"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.

"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.

"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 so as to be plainly
visible at all times while set apart as a safety zone.

"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.

"Solid rubber tires." Every tire made of rubber other than a
pneumatic tire.

"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.

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

"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.

"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.

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. (Code 1932, § 488.)

For provisions of the state law containing similar definitions, see
Michie's Virginia Code of 1942, § 2154(49).

Sec. 2. Uniformity of interpretation.

This article 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. (Id., §
489(71).)

Sec. 3. Unlawful not to comply with article.

It shall be unlawful for any person to refuse, fail or neglect to
comply with any of the provisions of this article.

Sec. 4. Drivers of state, county and city vehicles subject
to provisions of chapter.

The provisions of this chapter 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 chapter. (Code 1932, § 489(33).)

Sec. 5. Persons riding bicycles or animals to obey traffic
regulations.

Every person riding a bicycle or an animal upon a roadway and
every person driving any animal shall be subject to the provisions
of this article applicable to the driver of a vehicle, except those
provisions which by their very nature can have no application.

Sec. 6. Supervision by mayor and chief of police; traffic
signs; penalty for violating regulations.

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 chapter or of Chapter 90B of Michie's
Virginia Code of 1942, and any amendments thereto, cited as "The
Motor Vehicle Code of Virginia". 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 starting, stopping, slowing,
parking or setting down passengers, and in loading or unloading
vehicles.

The 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 he may deem necessary, provided the same
are placed in accordance with traffic regulations which have been
approved by the mayor.

It shall be unlawful for any person to violate any such traffic
regulation, sign, signal or other device for handling traffic, and
any person violating any of the provisions of this section shall be
liable to a fine of not less than two dollars and fifty cents nor more
than twenty-five dollars. (Code 1932, § 489(69); Ords. May 7,
1934, May 22, 1934.)

Sec. 7. Regulatory powers of mayor and 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 prohibit other than one-way traffic upon certain highways 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:

Adopt any such regulations not in conflict with the provisions
of this article, 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.

Adopt regulations requiring all vehicles to come to a full stop
at any street intersection other than a street which has been designated
as a part of the primary system of state highways. (Code
1932, § 489(34).)

Sec. 8. Direction of traffic by officer.

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

Sec. 9. 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 moving line of traffic, hand extended, palm toward
traffic to be stopped. Repeat movement with other hand to
stop traffic from 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. (Id.)

Sec. 10. Signals 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 be 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. (Id.)

Sec. 11. 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 railway grade crossings and such other
signs as may be deemed necessary to carry out the provisions of
this article and to control traffic. (Code 1932, § 489(59).)

Sec. 12. Other than official traffic 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 article, and no person shall erect or maintain
upon any highway any traffic or highway sign or signal bearing
thereon any commercial advertising; provided, that nothing in
this section shall be construed to prohibit the erection or maintenance
of signs, markers or signals bearing thereon the name of
an organization authorized to erect the same by the state highway
commission, mayor or city manager. (Id., § 489(60).)

Sec. 13. Injuring signs.

Any person who shall deface, injure, knock down or remove
any sign legally posted as provided in this article shall be guilty of
a misdemeanor. (Id., § 489(61).)

Sec. 14. Driving while under the influence of intoxicating
liquor or narcotic drugs.

It shall be unlawful for any person to drive or operate any automobile
or other motor vehicle, car, truck, engine, or train in this
city while under the influence of alcohol, brandy, rum, whisky,
gin, wine, beer, lager beer, ale, porter, stout or any other liquid,
beverage or article containing alcohol or while under the influence
of any narcotic drug, or any other self-administered intoxicant
or drug of whatsoever nature.

Any person who violates any provision of this section shall be
guilty of a misdemeanor punishable by a fine of not less than one
hundred dollars nor more than one thousand dollars or imprisonment
for not less than one month nor more than six months, either
or both, in the discretion of the court or jury trying same, for a
first offense, and the court may, in its discretion, suspend the sentence
during the good behavior of the person convicted. Any person

convicted of a second, or other subsequent offense under this
section, shall be punishable by a fine of not less than one hundred
dollars nor more than one thousand dollars and by imprisonment
for not less than one month nor more than one year.

The judgment of conviction, if for a first offense under this
section, shall of itself operate to deprive the person convicted of
the right to drive or operate any such vehicle, conveyance, engine,
or train in this state for a period of one year from the date of such
judgment, and if for a second or other subsequent offense, for a
period of three years from the date of judgment of conviction
thereof. If any person has heretofore been convicted of violating
any similar act of this state or ordinance of this city and thereafter
is convicted of violating the provisions of the first paragraph of
this section, such conviction shall for the purpose of this section
be a subsequent offense and shall be punished accordingly; and the
court may in its discretion, suspend the sentence during the good
behavior of the person convicted. If any person so convicted,
shall during the time for which he is deprived of his right so to
do, drive or operate any such vehicle, conveyance, engine, or train
in this state, he shall be guilty of a misdemeanor punishable by a
fine of not less than one hundred, nor more than one thousand
dollars and by imprisonment for not less than one month nor more
than six months, and no court shall suspend the sentence in any
such case.

The clerks of all courts of record and every justice of the peace,
including police, trial and juvenile justices, shall, within thirty
days after final conviction of any person in their courts under
this section, report the fact thereof and the name, post-office address,
and street address of such person, together with the license
plate number on the vehicle operated by such person, to the commissioner
who shall preserve a record thereof in his office. (Code
1932, § 489(1); Ords. May 7, 1934, May 4, 1936.)

Sec. 15. Duty to report accident.

The driver of any vehicle involved in any accident resulting in

injury to or death of any person shall immediately, by the quickest
means of communication, give notice of such accident to the police
department.

The driver of a vehicle involved in an accident resulting in injury
to or death of any person or total property damage to apparent
extent of ten dollars or more shall, within twenty-four
hours after such accident, forward a written report of such accident
to the police department. (Code 1932, § 489(31).)

Sec. 16. Garage keeper to report damaged and abandoned
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 motor vehicle 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.

The person in charge of any garage or repair shop, or automotive
service or storage place shall report to the police station any
motor vehicle left unclaimed in his place of business for more than
two weeks when he does not of his own knowledge know the
name of the owner and the reason for such storage. (Id., §
489(32).)

Sec. 17. Reckless driving.

(a) Irrespective of the maximum speeds herein provided, any
person who drives a vehicle upon a highway recklessly, or at a
speed or in a manner so as to endanger life, limb or property of
any person shall be guilty of reckless driving; provided, that the
driving of a motor vehicle in violation of any speed limit provision
of section 18 of this chapter shall not of itself constitute ground
for prosecution for reckless driving under this section.

(b) Any person who shall

• (1) Drive a vehicle when not under proper control, or with
  inadequate or improperly adjusted brakes upon any highway
  of the city, or

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• (2) While driving a vehicle, overtake and pass another
  vehicle proceeding in the same direction, upon or approaching
  the crest of a grade or upon or approaching a curve in the
  highway, where the driver's view along the highway is obstructed,
  or

• (3) Pass or attempt to pass two other vehicles abreast,
  moving in the same direction, or

• (4) Overtake or pass any other vehicle proceeding in the
  same direction at any steam or electric railway grade crossing,
  or at any intersection of highways, or while pedestrians are
  passing or about to pass in front of either of such vehicles,
  unless permitted so to do by a traffic light or police officer, or

• (5) Fail to stop at a school bus while taking on or discharging
  school children, whether going in the same or the
  opposite direction and to remain stopped until all school children
  are clear of the highway, or

• (6) Fail to give adequate and timely signals of intention
  to turn, partly turn, slow down, or stop, as required by section
  31 of this chapter, or

• (7) Exceed a reasonable speed under the circumstances
  and traffic conditions existing at the time, or

• (8) Fail to bring his vehicle to a stop immediately before
  entering a highway from a side road when there is traffic approaching
  upon such highway within five hundred feet of
  such point of entrance, shall be guilty of reckless driving.

(c) Every person convicted of reckless driving under this section
shall, for the first violation, be punished by a fine of not less
than ten dollars nor more than one hundred dollars, or by imprisonment
in jail for not more than thirty days, or by both such fine
and imprisonment; for each second or subsequent conviction for
the offense of reckless driving under this section, committed within
twelve months from the date of a prior conviction for reckless
driving, every such person shall be punished by a fine of not less
than fifty dollars, nor more than five hundred dollars, or by imprisonment
in jail for not less than ten days nor more than six
months, or by both such fine and imprisonment.

In addition to the foregoing punishment, any justice or court
may suspend any license issued to such convicted person under an
act of the General Assembly, approved March twenty-ninth, nineteen
hundred and thirty-two, and amendments thereof, known,
designated and cited as the Virginia Operators' and Chauffeurs'
License Act[22] for a period of not less than ten days nor more than
six months, and such justice or court shall require such convicted
person to surrender his license so suspended. If such person so
convicted has not obtained the license required by the said act,
such justice or court may direct in the judgment of conviction that
such person shall not, for such period of not less than ten days
nor more than six months as may be prescribed in the said judgment,
drive or operate any motor vehicle in this state.

It shall be the duty of such justice or court, or the clerk of such
justice or court, to transmit such license to the commissioner, along
with the report of such conviction required to be sent to the division.

If any person shall drive any vehicle upon any highway while
his license is so suspended, or while so forbidden to drive or
operate a motor vehicle in this state, he shall be punished by imprisonment
in jail for a period not less than two days nor more
than six months, and there may be imposed in addition thereto a
fine of not more than five hundred dollars. (Id., § 489(2); Ord.
Aug. 17, 1936.)

Sec. 18. Restrictions as to speed; other acts declared
misdemeanors.

Any person who shall

(a) Drive any vehicle upon a highway in the city at such speed
as to unnecessarily block, hinder or retard the orderly and safe
use of the highway or so as to cause congestion on the highway, or

(b) Drive upon any highway in the city any motor vehicle at a
speed in excess of

• (1) Fifteen miles an hour when passing a school during
  recess or while children are going to or leaving school; provided,
  

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  that markers be placed on the highway so as to indicate
  the location of such schools, or

• (2) Fifteen miles an hour in a business district as defined
  in this article, or

• (3) Twenty-five miles an hour in a residential district as
  defined in this article, or

• (4) Such speed as shall be fixed by the State Highway
  Commission or the council of the city, for congested areas or
  curves, right angle turns or other dangerous points on the
  highways, when such areas or points are clearly indicated by
  markers or signs, or

• (5) Drive anywhere else upon a highway in the city any
  school bus carrying school children to or from school at a
  speed in excess of thirty-five miles per hour, or any other
  passenger-carrying bus at a speed in excess of thirty-five
  miles per hour, or any passenger motor vehicle or motorcycle
  at a speed in excess of thirty-five miles per hour, or any other
  motor vehicle, including trucks, at a speed in excess of thirty-five
  miles per hour; provided, however, that the speed limit
  established by this section shall have no application to the
  operation of any motor vehicle while being operated by any
  member of the armed forces of this state or of the United
  States, acting in his line of duty and on the orders of a commissioned
  officer of such forces, or

(c) Drive to the left of a center of the street except upon one-way
streets, or

(d) Violate any provision of the right-of-way laws, as set forth
in sections 32 and 33 of this chapter, or

(e) Drive a vehicle out of an alley, lane or building into a street
without first bringing such vehicle to a stop immediately before
entering such street, or

(f) Make a left turn without passing to the right of the center
of the intersection, whether marked or not, or

(g) Make a right turn without keeping close to the curb, or

(h) Coast or operate a motor vehicle with the gears in neutral,
or

(i) While operating a vehicle upon any highway, fail or refuse
to control the lights of such vehicle by shifting, depressing, tilting
or dimming the headlight beams thereof so as not to project into
the eyes of the driver of any oncoming vehicle a glaring or dazzling
light, shall be punished in accordance with the provisions of section
68 of this chapter. (Code 1932, § 489(3); Ord. Feb. 5,
1940.)

Sec. 19. Special speed limitations on bridges.

It shall be unlawful to drive any motor vehicle, trailer or semitrailer
upon any public bridge, causeway or viaduct at a speed exceeding
that indicated as a maximum by signs posted thereon or
at its approach by or upon the authority of the State Highway
Commission.

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. (Code
1932, § 489(7).)

Sec. 20. When speed limit not applicable.

The speed limitations set forth in this article 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 or pulmotor call nor to 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. (Id., §
489(8).)

Sec. 21. Drive on right side of highways.

Except as otherwise provided in section 23 of this chapter, 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 sections 25 and 27
of this chapter. (Id., § 489(9).)

Sec. 22. 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. (Id.,
§ 489(10).)

Sec. 23. Special regulations applicable on streets and
highways laned for traffic.

Whenever any highway has been divided into clearly marked
lanes for traffic, drivers of vehicles shall obey the following regulations:

(a) A vehicle shall normally be driven in the lane nearest the
right-hand edge or curb of the highway when said lane is available
for travel except when overtaking another vehicle or in preparation
for a left turn.

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

(c) Upon a highway which is divided into three lanes a vehicle
shall not be driven in the center lane except when overtaking and
passing another vehicle or in preparation for a left turn or unless
such center lane is at the time allocated exclusively to traffic moving
in the direction the vehicle is proceeding and is signposted or
marked to give notice of such allocation.

(d) Wherever a highway is marked with double traffic lines
consisting of a solid line immediately adjacent to a broken line,
no vehicle shall be driven to the left of such line, if the solid line
is on the right of the broken line.

(e) Wherever a highway is marked with double traffic lines
consisting of two immediately adjacent solid lines, no vehicle shall
be driven to the left of such lines.

Sec. 24. Passing vehicles proceeding in opposite directions.

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. (Code
1932, § 489(11).)

Sec. 25. Overtaking a vehicle.

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, except as hereinafter provided.

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.

The driver of a vehicle may overtake and pass upon the right
of another vehicle which is making or about to make a left turn
and the driver of which has given a signal as required in section
31 of this chapter. (Id., § 489(12).)

Sec. 26. Driver to give way to overtaking vehicle.

Except when overtaking and passing on the right is permitted,
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. (Id., § 489(14).)

Sec. 27. Limitations on privilege of overtaking and
passing.

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 oncoming 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. (Id.,
§ 489(13).)

Sec. 28. Following too closely.

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.

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.
(Id., § 489(15).)

Sec. 29. Turning around in street.

The driver of a vehicle within a business district shall not turn
such vehicle so as to proceed in the opposite direction except at
an intersection of public highways; provided further, that no such
turn shall be made on Main Street between Seventh Street, East,
and the west side of the Lewis and Clark Monument. (Id., §
489(16).)

Sec. 30. 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 of the center of such

intersection 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. (Id., § 489(17).)

Sec. 31. Signals on starting, stopping or turning.

(a) Every driver who intends to start, stop or turn or partly
turn from a direct line, 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 section 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 or electrical device approved
by the commissioner.

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 continuously for a distance of
at least fifty feet before slowing down, stopping, turning, partly
turning, or materially altering the course of the vehicle.

(g) Drivers having once given a hand, electrical 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, as hereinbefore provided, before turning in the
direction the vehicle will proceed from the curb. (Id., § 489(18).)

Sec. 32. 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 section 34 of this chapter. 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, that the driver of
the vehicle turning left has given a plainly visible signal of intention
to turn left as required in section 31 of this chapter.

(c) The driver of any vehicle upon a highway within a business
or residence district shall yield the right-of-way to a pedestrian
crossing such highway within any clearly marked crosswalk 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. (Id.,
§ 489(19).)

Sec. 33. Exception to the right-of-way rules.

The driver of a vehicle entering a public highway from a private
road or driveway shall, immediately before entering such highway,
stop, and upon entering such highway shall yield the right-of-way
to all vehicles approaching on such public highway. (Id., §§
489(20), 489(21).)

Sec. 34. What to do on approach of police or fire department
vehicle; following fire apparatus, etc.

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. 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 consequences of an arbitrary
exercise of such right-of-way.

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 at any distance closer than five hundred feet
to such apparatus or to drive into or park such vehicle within five
hundred feet of where fire apparatus has stopped in answer to a
fire alarm. (Id., § 489(22).)

Sec. 35. Pedestrians.

(a) When crossing highways or streets, pedestrians shall not
carelessly or maliciously interfere with the orderly passage of vehicles.
They shall cross wherever possible only at intersections.
Pedestrians crossing highways or streets at intersections shall at
all times have the right-of-way over vehicles making turns into the
highways or streets being crossed by the pedestrians.

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

(c) No pedestrian shall enter or cross an intersection regardless
of approaching traffic.

(d) The drivers of vehicles entering, crossing or turning at
intersections shall change their course, slow down, or come to a
complete stop if necessary to permit pedestrians to safely and expeditiously
cross such intersections.

(e) Pedestrians shall cross highways or streets only at right
angles. They shall not step into that portion of a highway or
street open to moving vehicular traffic at any point between intersections
where their presence would be obscured from the vision
of drivers of approaching vehicles by a vehicle or other obstruction
at the curb or side, except to board a passenger bus or to enter a

safety zone, in which event they shall cross the highway or street
only at right angles.

(f) When actually boarding or alighting from passenger buses,
pedestrians shall have the right-of-way over vehicles, but shall not,
in order to board or alight from passenger buses, step into the
highway or street sooner nor remain there longer than is absolutely
necessary to do so.

(g) Pedestrians shall not use the highways or streets other than
the sidewalks thereof, for travel, except when necessary to do so
because of 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 the highways or
streets.

(h) No person shall play on a highway or street other than
upon the sidewalks thereof. No person shall use on a highway
or street where play is prohibited roller skates, coasters or similar
vehicles or toys or other devices on wheels or runners, except bicycles,
tricycles and motorcycles. The mayor and chief of police
may designate areas on highways or streets in which persons may
be permitted to use roller skates, coasters or similar vehicles or
toys or other devices on wheels or runners, and if such highways
or streets have two traffic lanes, such persons shall keep as near as
reasonably possible to the extreme left side or edge of the lefthand
traffic lane so that they will be facing oncoming traffic at all
times.

(i) Any persons convicted of violating any of the foregoing
provisions of this section shall be fined not less than two dollars
nor more than twenty-five dollars for each offense. (Id., §
489(67).)

Sec. 36. Driving through safety zone prohibited.

The driver of a vehicle shall not at any time drive through or
over a safety zone. (Id., § 489(24).)

Sec. 37. 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. (Id., §
489(4).)

Sec. 38. Slowing down or stopping at railway grade
crossings.

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
fifty feet from the nearest rail of such railway track; 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.

The provisions of this section 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 section 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. 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. (Id., § 489(5).)

Sec. 39. 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 vehicles shall be stopped in any street except close to and parallel
with the curb, and in no instance shall such vehicles 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 shall be 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) If any officer charged with the enforcement of this section
shall find a vehicle standing upon a highway in violation of the provisions
of this section, 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. (Id.,
§ 489(25).)

Sec. 40. Parking in front of fire hydrant, fire station,
private driveway or intersection.

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 lines at an intersection of highways.
(Id., § 489(26).)

Sec. 41. Driving on steep grades.

The driver of a motor vehicle descending steep grades shall hold
such motor vehicle under control and as near the right-hand side
of the highway as reasonably possible. (Id., § 489(28).)

Sec. 42. Coasting prohibited.

The driver of a motor vehicle when traveling on a down grade
upon any highway shall not coast with the gears of such vehicle
in neutral. (Id., § 489(29).)

Sec. 43. Lighting equipment of vehicles.

(a) Lamps required on all vehicles. Every vehicle operated or
moved upon a highway within the city, shall at all times be
equipped with lamps as are in this section respectively required
for different classes of vehicles, which lamps shall at all times be
capable of being lighted, except as herein otherwise provided.

(b) Headlamps on motor vehicles. Every motor vehicle other
than a motorcycle, road roller, road machinery or tractor used on
a highway shall be equipped with two headlamps, no more or no
less, of equal candle power, not exceeding thirty-two mean spherical
candle power, or such candle power as may be required or permitted
by the director, at the front of and on opposite sides of the
motor vehicle, which headlamps shall comply with the requirements
and limitations hereinafter set forth and shall be of a type
which has been approved by the commissioner.

Provided, however, that special lamp or light designed for the

purpose of penetrating fog and for safe driving in bad weather,
may be used with the approval of the commissioner.

(c) Head lamps on motorcycles. Every motorcycle shall be
equipped with at least one and not more than two headlamps which
shall be of a type that has been approved by the commissioner and
shall be capable of projecting sufficient light to the front of such
motorcycle to render discernible a person or object at a distance of
two hundred feet, but shall not project a glaring or dazzling light
to persons approaching such motorcycles.

(d) Rear lamps. Every motor vehicle, trailer or semi-trailer
which is being drawn at the end of one or more other vehicles, or
motorcycles, shall carry at the rear a lamp capable of exhibiting a
red light plainly visible under normal atmospheric conditions from
a distance of three hundred feet to the rear of such vehicle and
such rear lamp shall be so constructed, and so mounted in its relation
to the rear license plate as to illuminate by a white light such
license plates so that same may be read from a distance of fifty
feet to the rear of such vehicle, or a separate white light shall be
so mounted as to illuminate and make visible such rear license
from a distance of fifty feet to the rear of such vehicle, such rear
light and special white light to be of a type that has been approved
by the commissioner.

(e) Lamps of bicycles. Every bicycle shall be equipped with
a lamp on the front thereof which will give a light 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 lamp on the rear which will exhibit a red light visible under
like conditions from a distance of at least three hundred feet to the
rear of such bicycle.

(f) Lamps on other vehicles. All vehicles not heretofore in
this section required to be equipped with specified lamps shall
carry one or more lamps or lanterns capable of projecting a white
light to the front and red to the rear, visible under normal atmospheric
conditions from a distance of not less than three hundred
feet to the front and rear of such vehicles.

In lieu of the rear light on bicycles provided for in subsection

(e) of this section and of lamps or lanterns to be carried by other
than self-propelled vehicles, there may be substituted reflex reflectors
to be permanently affixed to the rear of bicycles and to the
rear and front of such vehicles other than self-propelled vehicles
to be of a type, size and color approved by the commissioner.

(g) Dimension or marker lights. All motor vehicles exceeding
seven feet in height or in width or the widest portion of which extends
four inches beyond the front fender extremes shall be
equipped with lamps mounted at the extreme right and left hand
front top corners of such vehicle, each of which lamps shall be
capable of projecting an amber light visible under normal atmospheric
conditions for a distance of at least three hundred feet to
the front of such vehicle, and shall be equipped with lamps
mounted at the extreme right and left-hand rear top corners of
such vehicle, each of which lights shall be capable of projecting a
red light visible under normal atmospheric conditions for a distance
of at least three hundred feet to the rear of such vehicle.
If the front and the rear of such vehicle shall not be the widest
portions of such vehicle, the dimension or marker lights required
in this subsection shall be mounted on the widest portions of the
vehicle with the green lights herein required visible from the front
as herein required, and the red lights herein required visible from
the rear as herein required. The lamps herein required shall be of
a type that has been approved by the commissioner.

(h) Spotlights or ditch lights. Any motor vehicle or motorcycle
may be equipped with not to exceed one spotlight or ditch
light which when lighted shall be aimed and used so that no portion
of the beam will be directed to the left of the center of the
highway at any time or more than one hundred feet ahead of the
vehicle, and shall be of a type that has been approved by the commissioner.
No such spotlight shall be used in conjunction with or
as a substitute for required headlights, except in case of emergency.

(i) Side and interior lamp; signs on public carriers, etc. Any
motor vehicle may be equipped with not to exceed two side lamps
of not more than six candle power; interior light of not more than

fifteen candle power; vacant or destination signs on vehicles operated
as public carriers, and signal lamps. No motor vehicle shall
be operated upon a highway in the city equipped with lamps other
than those permitted under this subsection unless such lamps shall
be of a type approved by the commissioner.

(j) Commissioner must require or permit lamps used. No
motor vehicle shall be operated on any highway which is equipped
with any lighting device other than lamps required or permitted
in this chapter or required or permitted by the commissioner.

(k) When lights to be used; penalty; carrying spare bulbs. If
natural light is insufficient to enable the operator of a vehicle to
discern an object at a distance of three hundred feet, the lamps in
this section respectively required for different classes of vehicles
shall be lighted. It shall be unlawful and constitute a misdemeanor
for any person to violate the provisions of this subsection;
provided, however, that if the driver of the vehicle at the time that
he is stopped by the arresting officer shall have in his vehicle and
shall display to such officer a complete set of spare bulbs and fuses
for required lights and shall, in the presence of the officer install
such bulbs or fuses as may be necessary to have the vehicle lighted
as in this chapter required, the arresting officer and any court may
consider the possession and installation of such spare bulbs and
fuses as a mitigating circumstance or a complete bar to a prosecution
under this subsection. (Id., § 489(49).)

Sec. 44. Requirements as to headlamps.

(a) Approved single-beam headlamps shall be aimed in accordance
with requirements adopted by the commissioner so as not to
project a glaring or dazzling light to persons approaching such
headlamps and shall be of sufficient intensity to reveal persons and
objects at a distance of at least two hundred feet.

(b) Approved multiple-beam headlamps shall be aimed in accordance
with requirements adopted by the commissioner based on
recommendations of the society of automotive engineers. An
uppermost distribution of light shall be provided of sufficient intensity
to reveal persons and objects at least three hundred and

fifty feet ahead, and at least one lower, non-glaring distribution of
light shall be provided. All road-lighting beams shall be of such
intensity as to reveal persons and objects at least one hundred feet
ahead.

Every new motor vehicle hereafter sold when operated on a
highway shall be equipped with an indicator lamp in good condition
which shall indicate to the operator when the uppermost distribution
of light is being used.

(c) Whenever a vehicle is being operated upon a highway or a
portion thereof, which highway is sufficiently lighted to reveal any
person or object upon such way at a distance of three hundred and
fifty feet ahead, it shall be the duty of the operator of such vehicle
to use one of the lowermost distributions of light, or to dim the
headlamps if the vehicle has single-beam lamps. Whenever a vehicle
approaches an oncoming vehicle within five hundred feet it
shall be the duty of the operator of such vehicle to use one of the
lowermost distributions of light so aimed that glaring rays are not
projected into the eyes of the oncoming driver, or to dim the head
lamps if the vehicle has single-beam lamps. (Id., § 489(51).)

Sec. 45. Acetylene lights.

Motor vehicles may be equipped with two acetylene headlamps
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.

Vehicles equipped with acetylene lights as hereinbefore provided
shall also be equipped with a rear lamp of acetylene type
which, when lighted, shall project a red light visible for a distance
of three hundred feet to the rear of the vehicle and shall be so
constructed as to illuminate by a white light the rear license plate
of such vehicle so as to be read for a distance of fifty feet from
the rear of such vehicle. (Id., § 489(52).)

Sec. 46. Lights on parked vehicles.

Whenever a vehicle is parked or stopped upon a highway
whether attended or unattended during the period from a half hour
after sunset to a half hour before sunrise, there shall be displayed
upon such vehicle one or more lamps projecting a white light visible
under normal atmospheric conditions from a distance of three
hundred feet to the front of such vehicle and projecting a red
light visible under like conditions from a distance of three hundred
feet to the rear, except that no lights need be displayed upon any
such vehicle when parked in accordance with this and other sections
of this article upon any highway where there is sufficient
light to reveal any persons within a distance of two hundred feet
upon such highways. (Id., § 489(56).)

Sec. 47. Brakes; precautions to be taken when vehicles
left unattended.

(a) Every motor vehicle when operated upon a highway shall
be equipped with brakes adequate to control the movements of and
to stop such vehicle, and such brakes shall be maintained in good
working order and shall conform to regulations provided in this
section.

(b) 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 hand brake thereon, stopping the motor
and turning the front wheels into the curb or side of the highway.

(c) On a dry, hard, approximately level stretch of highway free
from loose material, the service (foot) brake shall be capable of
stopping the motor vehicle at a speed of twenty miles per hour
within a distance of twenty-five feet with four-wheel brakes or
forty-five feet with two-wheel brakes. The hand brake shall be
capable of stopping the vehicle under like conditions of this section
within a distance of not more than seventy-five feet.

(d) Motor trucks and tractor-trucks with semi-trailers attached,
shall be capable of stopping on a dry, hard, approximately level
highway free from loose material at a speed of twenty miles per
hour within the following distances: thirty feet with both hand
and service brake applied simultaneously and fifty feet when either

is applied separately, except that vehicles maintained and operated
permanently for the transportation of property and which were
registered in this or any other state or district prior to August,
nineteen hundred and twenty-nine, shall be capable of stopping on
a dry, hard, approximately level highway free from loose material
at a speed of twenty miles per hour within a distance of fifty feet
with both hand and service brake applied simultaneously and within
a distance of seventy-five feet with either applied separately.

(e) Every semi-trailer or trailer or separate vehicle attached by
a draw bar, chain or coupling to a towing vehicle and having a
rated and actual carrying capacity of two tons, or more, shall be
equipped with brakes controlled or operated by the driver of the
towing vehicle, which shall conform to the specifications set forth
in subsection (d) of this section and shall be of a type approved
by the commissioner. (Id., § 489(44).)

Sec. 48. Steering gear.

Every motor vehicle being operated upon a highway shall be
equipped with steering gear adequate to insure the safe control of
the vehicle and shall not show signs of weakness or breaking under
ordinary conditions.

Sec. 49. Horns and warning devices.

(a) Every motor vehicle, trailer or semi-trailer 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
horn. It shall be unlawful for any vehicle to be equipped with, or
for any person to use, any horn or warning device while upon a
highway or any way open to public travel that is not of a type that
has been approved by the commissioner, 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 commissioner
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 commissioner.
(Code 1932, § 489(45).)

Sec. 50. Mirrors.

No person shall operate a motor vehicle upon a highway which
is not equipped with a mirror so located as to reflect to the operator
a view of the highway for a distance of not less than two hundred
feet to the rear of such vehicle. The mirrors required by this
section shall be of the type approved by the commissioner. (Id.,
§ 489(46).)

Sec. 51. Signs, posters, etc., on windshields; windshield
wipers.

It shall be unlawful for any person to operate any vehicle,
trailer or semi-trailer 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 placed by law, or which may
be permitted by the commissioner.

Every permanent windshield on a motor vehicle shall be
equipped with a device for cleaning snow, rain, moisture or other
matter from the windshield directly in front of the operator, which
device shall be so constructed as to be controlled or operated by the
operator of the vehicle; provided, that every such device on a vehicle
designed or used to carry passengers for compensation or
hire, or as a public conveyance to transport school children or
others, shall be of a mechanically or electrically operated type.
The devices required by this section shall be of a type approved by
the commissioner. (Id., § 489(47).)

Sec. 52. 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 light
plainly visible under normal atmospheric conditions at least two
hundred feet from the rear of such vehicle. (Id., § 489(37).)

Sec. 53. Prevention of noise, smoke, etc.; spilling contents
from vehicles; vehicles hauling logs, etc.

(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 for any motor vehicle to be equipped
with, or for any person to use, a "muffler cutout" or "straight exhaust"
while such motor vehicle is being operated upon a highway.

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

(d) No vehicle which is designed and used for the purpose of
hauling logs, poles or lumber shall be operated or moved over any
highway unless its load is securely fastened by chain or metal cable
so as to prevent the shifting or falling of such load from the vehicle.
(Id., § 489(48).)

Sec. 54. 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 required in
section 31 of this chapter from being visible both to the front and
rear of such vehicle or any vehicle the driver of which is incapable
of giving the required hand and arm signal, shall be equipped with
a mechanical or electrical signal device which meets the requirements
of this article and is of a type approved by the commissioner.

(b) Every device intended and used to give a signal of intention
to turn or stop a vehicle shall be so constructed and so installed
as to give a signal plainly visible under normal atmospheric and
traffic conditions from a distance of at least one hundred feet to the
rear and one hundred feet to the front of the vehicle, except that
a stop signal need be visible only to the rear; and provided, that
no front signal shall be required on vehicles manufactured or assembled
before January 1, 1943. (Id., § 489(58).)

Sec. 55. Sale or use of equipment not approved by commissioner;
trademarks on equipment.

It shall be unlawful for any person to possess with intent to
sell, or offer for sale either separately or as a part of the equipment
of a motor vehicle or to use or have as equipment upon a
motor vehicle operated on a highway any lighting device, horn or
warning device, windshield wiper, mirror, signal device, safety
glass or other equipment on which approval as required by Chapter
90B of Michie's Virginia Code of 1942 and amendments thereto,
or any part tending to change or alter the operation of such device,
unless of a type that has been submitted to and approved by the
commissioner. Each such device shall bear thereon a trademark
or name and shall be accompanied by printed instructions as to the
proper mounting, use and candle power of bulbs to be used therewith
and any particular methods of mounting or adjustments necessary
to meet the requirements of this chapter, and any rule or
regulation of the commissioner.

Sec. 56. 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 highway.

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

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

(d) No vehicle shall carry any load extending beyond the line
of the fenders or body on the left side of such vehicle nor extending
more than six inches beyond the line of the fenders or body on
the right side thereof. (Code 1932, § 489(36).)

Sec. 57. Trailers and towed vehicles.

(a) No motor vehicle shall be driven upon a highway, drawing
or having attached thereto more than one motor vehicle; provided,
however, the mayor and chief of police may, in their discretion,
permit motor vehicles to be driven upon streets, drawing or having
attached thereto more than one other vehicle, trailer or semi-trailer.

(b) The draw bar or connection between any two vehicles, one
of which is towing or drawing the other on a highway, shall not
exceed ten feet in length from one vehicle to the other. Only in
case of an emergency shall any such connection consist of a chain
or cable, but such two vehicles, when one of which is being towed
or drawn by another regularly shall, in addition to such draw bar,
be equipped at all times when so operated on the highway with an
emergency chain. Whenever in an emergency 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, or if such emergency towing is being done at
night, in lieu of such red flag or cloth, there shall be displayed a
red lamp or lantern.

(c) It shall be unlawful to tow any vehicle, except as otherwise
provided in subsection (d) of this section, over the highways of
the city when such vehicle is designed for and capable of self-propulsion,
except in cases of bona fide emergency resulting from mechanical
breakdown or accident. Whenever a vehicle is being towed
in such an emergency by a bar, chain, rope or cable, a licensed
operator shall be at the controls of the towed vehicle to brake,
steer and control the lights thereof.

(d) The provisions of subsection (c) of this section shall not
apply to a motorcycle when towed by a passenger car or truck, and
when the motorcycle is fastened or attached thereto by a device
insuring the safe operation of the towing and towed vehicles. (Id.,
§ 489(43).)

Sec. 58. Weight of vehicles and loads.

The maximum gross weight to be permitted on the road surface
through any axle of any vehicle shall not exceed sixteen thousand
pounds, nor shall it exceed six hundred and fifty pounds per inch,
width of tire, measured in contact with the surface of the highway.
The gross weight, including the weight of the vehicle and the
maximum load, of any four-wheel vehicle shall not exceed twenty-four
thousand pounds, and the gross weight of any six-wheel vehicle
or any combination of vehicles shall not exceed thirty-five
thousand pounds. In determining the number of wheels, dual
wheels shall be counted as two wheels. No two axles shall lie in
the same vertical plane, nor shall the axle spacing be less than forty
inches from center to center. The axle arrangements shall be such
that the proportion of the gross load carried on any axle shall remain
constant. No vehicle shall cross any bridge or culvert within
the city the gross weight of which vehicle is greater than the
amount posted on the bridge or culvert as its carrying capacity.
Any violation of this section shall constitute a misdemeanor and
shall be punishable as provided in section 68 of this chapter. (Id.,
§ 489(38).)

Sec. 59. 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 article. Every such permit 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. (Id., § 489(40).)

Sec. 60. 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 section 58 of this chapter
for a total period not to exceed ninety 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. (Id., § 489(41).)

Sec. 61. Officers may weigh vehicle and require removal
of excess load.

Any officer authorized to enforce the law under this article, 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. Should the said officer find that the weight of
any vehicle and its load is greater than that permitted by this article
or that the weight of the load carried in or on such vehicle is
greater than that for which said vehicle is licensed to carry, he
may require the driver to unload at the nearest place where the
property unloaded may be stored or transferred to another vehicle,
such portion of the load as may be necessary to decrease the gross
weight of such vehicle to the maximum therefor specified in this
article. (Id., § 489(39).)

Sec. 62. Restrictions as to tire equipment.

(a) Every solid rubber tire on a vehicle moved upon 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 upon a highway shall have on
its periphery any block, stud, flange, cleat or spike or any other
protuberance 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. (Id.,
§ 489(42).)

Sec. 63. 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 south 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. (Id., § 489(68).)

Sec. 64. Parking to be in accordance with signs, signals,
etc.

All vehicles shall be parked in accordance with signs, signals
and other devices for handling traffic, which may be provided by
the mayor and chief of police pursuant to section 6 of this chapter
and any amendments thereto. (Id., § 489(72); Ords. May 7, 1934,
Aug. 5, 1935, Sept. 7, 1943, Sept. 20, 1943, Oct. 18, 1943.)

Sec. 65. Parking in certain streets between certain hours.

No vehicle shall be parked on the following streets within the
city between the hours hereinafter respectively mentioned:

Main Street, between Seventh Street, East, and 10½ Street,

West, between 3:00 A. M. and 6:00 A. M.; Water Street, between
Fifth Street, East, and Main Street at Vinegar Hill; Market
Street, between Seventh Street, East, and High Street (Beck's
Hill); Second Street, West; First Street; Second Street, East;
Third Street, East; Fourth Street, East, and Fifth Street, East;
between Market and Water Streets, between 1:00 A. M. and 5:00
A. M.

Any person violating any of the provisions of this section shall
for each offense be liable to a fine of not less than two dollars and
fifty cents, nor more than twenty-five dollars. (Id.)

Sec. 66. Parking of busses, trucks, etc., between midnight
and 6:00 A. M.

No bus, truck, trailer or semi-trailer shall be parked on any of
the streets of the city between the hours of 12:00 midnight and
6:00 A. M. following of any day.

The owner, operator or driver of any motor vehicle which is
parked in violation of this section, for each offense, shall be fined
not less than two dollars and fifty cents nor more than fifty dollars.
(Ord. April 3, 1939.)

Sec. 67. 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 two dollars
and fifty cents nor more than five dollars shall be imposed.
(Code 1932, § 489(73).)

Sec. 68. Duty to stop in event of accident.

The driver of any vehicle involved in an accident resulting in
injuries to or death of any person, or damage to property, shall
immediately stop at the scene of such accident or as close thereto
as is possible without obstructing traffic and give to the person

struck and injured, or to the driver or some other occupant of the
vehicle collided with, his name, address, operator's or chauffeur's
license number, and the registration number of his vehicle. If the
damage is to an unattended vehicle or to some other object, the
driver shall make a reasonable effort to find the owner or person
in charge of such property, or shall leave a note in a conspicuous
place giving him the information hereinbefore required, and in
addition shall report the accident in writing to the chief of police
irrespective of the damage involved. The driver shall also render
to any person injured in such accident, reasonable assistance, including
the carrying of such injured 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.

It shall be the duty of any occupant, witness or other person
having knowledge of such an accident to furnish as much of the
information hereinbefore required as possible if the driver is unable
or unwilling to furnish it.

Any person violating this section shall be punished by imprisonment
in jail for not less than thirty days nor more than one year,
or by a fine of not less than one hundred dollars nor more than five
thousand dollars, or both such fine and imprisonment. (Id., §
489(64); Ord. Aug. 18, 1941.)

Sec. 69. Penalties for misdemeanor.

It shall be unlawful and constitute a misdemeanor for any person
to violate any of the provisions of this article.

Every person convicted of a misdemeanor for a violation of any
of the provisions of this article for which no other penalty is provided
shall, for a first conviction thereof, be punished by a fine of
not less than two dollars and fifty cents nor more than one hundred
dollars or by imprisonment in jail for not less than one nor more
than ten days or both such fine and imprisonment; for a 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 or both such fine and imprisonment.
(Code 1932, § 489(62).)

Sec. 70. Appearance upon arrest.

(a) Whenever any person is arrested for a violation of any of
the provisions of this article the arresting officer shall, except as
otherwise provided in this section, 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 five 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
twenty-four 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
article.

Any person who willfully violates his written promise to appear,
given in accordance with this section, 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
be mandatory as 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, nor to any person whom the arresting officer shall have
good cause to believe has committed a felony, nor to any person
whom the officer has reason to believe may disregard a summons
issued under subsection (a) of this section and the arresting officer
may, in his discretion 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. (Id.,
§ 489(65).)

Sec. 71. Report of convictions to be sent to division.

(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 article 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 division.

(b) Abstracts required by this section shall be made upon forms
prepared by the division 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 the residence address or whereabouts
of the defendant, 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 article, send to the division
a certified copy of such judgment of conviction. Certified copies
of the judgment shall also be forwarded to the division 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 section 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 section shall
be tried by the court of record having jurisdiction over the officer
whose neglect is complained of. (Id., § 489(66).)

Article II. Parking Meters.[23]

Sec. 72. Definitions.

(a) Vehicle. The word "vehicle", as used in this article, shall

mean any device in, upon, or by which any person or property is
or may be transported upon a highway, except those operated upon
rails or tracks.

(b) Operator. The word "operator" shall mean and include
every person who shall operate a vehicle as owner thereof, or as
agent, or employee, or permitte. (Code 1932, § 489(75); Ord.
July 7, 1939.)

Sec. 73. Parking meter zone established; time limit.

Main Street, from Seventh Street, East, to Preston Avenue, is
hereby declared to be a parking meter zone and the legal parking
time limit within such zone is hereby declared to be one hour.
(Id.)

Sec. 74. Installation and operation.

In the parking meter zone hereinbefore or hereafter established,
the mayor, city manager and chief of police are directed to provide
for the installation, regulation, control, operation and use of the
parking meters provided for in this article and to maintain the meters
in good working condition. Each parking meter installed in a
parking meter zone shall be placed upon the curb immediately adjacent
to the individual parking space hereinafter described. Each
parking meter shall be placed or set in such manner as to show or
display by a signal that the parking space assigned to it is or is not
legally in use. Each parking meter shall be installed and set to
display, upon deposit of a five-cent coin of the United States therein,
a signal indicating legal parking for that period of time conforming
to the limit of parking time which has been or may be
established for that area or zone of the street upon which the
parking meter is installed, and shall continue to operate from the
time of the deposit of such coin therein until the expiration of the
time fixed as a parking limit for the part of the street upon which
said parking meter is placed. Each said meter shall also be arranged
so that, upon the expiration of the legal parking time, it
will indicate by a mechanical operation and proper signal that the
lawful parking period has expired. (Id.)

Sec. 75. Marking parking spaces adjacent to meters;
manner of parking.

The mayor, city manager and chief of police, or such officers
and employees of the city as they shall select, shall place lines or
markings on the curb or on the street about or alongside of each
parking meter to designate the parking space for which the meter
is to be used, and each vehicle parked alongside of or next to any
parking meter shall park within the lines or markings so established.

It shall be unlawful and a violation of this article to park any
vehicle across any such line or marking, or to park said vehicle
in such position that the same shall not be entirely within the area
so designated by such lines or markings, and it shall be unlawful
to park any vehicle in any place in the zone except within the
spaces indicated for such parking.

When a parking space in any parking meter zone is parallel with
the adjacent curb or sidewalk, any vehicle parked in such parking
space shall be parked so that the foremost part of such vehicle
shall be alongside of and nearest to the parking meter; when a
parking space in any parking meter zone is diagonal to the curb
or sidewalk, any vehicle parked in such parking space shall be
parked with the foremost part of the vehicle directed at and nearest
to the meter. (Id.)

Sec. 76. How parking meter and space to be used; overtime
parking.

When any vehicle shall be parked in any space alongside of or
next to which a parking meter is located, in accordance with the
provisions of this article, the operator of the vehicle shall, upon
entering the parking space, immediately deposit, or cause to be deposited,
a five-cent coin of the United States in such parking meter
and the parking space may then be lawfully occupied by such vehicle
during the period prescribed as the period of parking time
allowed in said zone. If the vehicle shall remain in such parking
space beyond the parking time limit prescribed for such parking
space, the parking meter shall display a sign or signal showing illegal
parking, and in which event the vehicle parked in said parking

space shall be considered as parked overtime and beyond the
period of legal parking time, and the parking of a vehicle overtime
or beyond the period of legal parking time in such parking space
shall be a violation of this article and punished as hereinafter set
out. It shall be unlawful for any person to cause, allow, permit
or suffer any vehicle registered in the name of such person to be
parked overtime or beyond the period of legal parking time established
for any parking meter zone as herein described. (Id.)

Sec. 77. Permitting vehicle to remain parked at meter
after expiration of time limit.

It shall be unlawful and a violation of the provisions of this
article for any person to permit a vehicle to remain or to be parked
in any parking space adjacent to any parking meter while said
meter is displaying a signal indicating that the vehicle occupying
such parking space has already been parked beyond the period of
time prescribed for such parking space. (Id.)

Sec. 78. Use of slugs, etc., in meters.

It shall be unlawful to deposit or cause to be deposited in any
parking meter any slug, device or metallic substitute for a five-cent
coin of the United States. (Id.)

Sec. 79. Parking for purpose of making sales.

It shall be unlawful to park any vehicle within the area designated
as a parking meter zone for the purpose of making sales of
any property to persons on the street. This section shall not apply
to the selling or delivery of goods sold within the buildings abutting
on such street. (Ord. Jan. 5, 1942.)

Sec. 80. Injuring or tampering with meters.

It shall be unlawful for any person to deface, injure, tamper
with, open or willfully break, destroy or impair the usefulness of
any parking meter installed under the provisions of this article.
(Code 1932, § 489(75); Ord. July 7, 1939.)

Sec. 81. Duty of police in case of overtime parking;
penalty.

Each police officer charged with the duty of enforcing this article
shall take the number of any meter at which any vehicle is over-parked,
the vehicle tag number of such vehicle, the length of time
during which such vehicle is parked in violation of this article, and
report the same to the police department and make proper complaint
touching such violation.

Each such officer shall attach to the vehicle a notice to the owner
thereof that such vehicle has been parked in violation of a provision
of this article and instructing such owner when and where to
report with reference to said violation. Each owner may, within
forty-eight hours of the time when such notice was attached to
such vehicle, pay to the clerk of the civil and police justice court
as a penalty, for and in full satisfaction of such violation, the sum
of one dollar for each hour, or fraction thereof, during which such
vehicle occupied such parking space in violation of any of the provisions
of this article. The failure of such owner to make such
payment to the clerk of the civil and police justice court, within
said forty-eight hours, shall render such owner subject to the penalties
hereinafter provided for the violation of the provisions of
this article. (Id.)

Sec. 82. Deposits required levied as fees for certain
purposes.

Five-cent coins required to be deposited in parking meters, as
provided herein, are hereby levied and assessed as fees to provide
for the proper regulation and control of traffic on the public streets
and to cover the cost of the supervision, inspection, installation,
operation, maintenance, control and use of the parking spaces and
regulating the parking of vehicles in the parking meter zone hereby
created. (Id.)

Sec. 83. Loading zones, bus stops, etc., in parking meter
zones.

The mayor, city manager and chief of police are authorized to
set apart, within the parking zones hereby defined, spaces for loading

zones, bus stops, taxi stands and other places in which no parking
shall be permitted. (Id.)

Sec. 84. Use of meter space for receiving passengers,
making deliveries, etc.

Operators of delivery vehicles may use without deposit any
parking meter space during the actual loading and unloading of
such delivery vehicles. Operators of passenger vehicles, commercial
or private, may use without deposit a parking meter space for
the purpose of promptly receiving or discharging any passenger.
(Id.)

Sec. 85. Owner of vehicle prima facie guilty of violation.

The owner of any vehicle parked in violation of this article shall
be prima facie guilty of such violation. (Id.)

Sec. 86. Penalty.

Any person who shall violate any of the provisions of this article
shall be punished by a fine of not less than two dollars and fifty
cents nor more than fifty dollars for each offense. (Id.)

Sec. 87. Article applicable only to parking between certain
hours.

The provisions of this article shall apply to parking only between
the hours of 8:00 A. M. and 6:00 P. M. and on days other
than Sundays. (Id.)

Article III. Vehicles for Hire.[24]

Sec. 88. Inspecting and maintaining in safe condition.

Every taxi or motor vehicle operated or used upon the streets
of the city 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. (Code 1932,
§ 489(74).)

Sec. 89. Registration of vehicles; posting registration
card; fees.

Passenger motor vehicles for hire operating within the city or
which have a terminal within the city shall be registered with the
chief of police. The registration card of each vehicle giving the
name of the owner 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
two dollars for the first car and one dollar for each additional car
operated, shall be paid to the city. (Id.)

Sec. 90. Registration of drivers; posting registration
card and photograph; fees.

No person shall drive a motor vehicle for hire in the city 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 his good moral character, his ability to operate such
vehicle and knowledge of traffic ordinances and regulations of the
city. Any registration heretofore or hereafter granted may be revoked
for any cause which would have been grounds for refusal
of such registration whether such cause arose before or after the
granting of such registration. Registration fee of three dollars
shall be required and such fee, together with two photographs,
post-card size, of such applicant shall accompany each application.
Annual registration on or before May first is required but where
a driver registers each successive year the fee of three dollars 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.

No person shall permit any motor vehicle owned or controlled
by him to be operated for hire in the city by any person who has
not been registered by the chief of police as hereinabove provided.
(Id.; Ord. Feb. 19, 1940, Sept. 3, 1940.)

Sec. 91. Bond or insurance required of operators.

Every person operating motor vehicles or taxis for hire within
the city shall be required to give a satisfactory bond in the sum of
five thousand dollars, 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:

Five thousand dollars for loss sustained by the insured by reason
of bodily injury to, or death of any one person in one accident.

Ten thousand dollars for loss sustained by the insured by reason
of bodily injury to, or death of more than one person in any
one accident.

One thousand dollars for damages to property of any person other
than the insured.

Such policies or certificates thereof shall be deposited with the
city manager. (Code 1932, § 489(74).)

Sec. 92. Maximum rates; posting schedule.

The maximum rates to be charged by passenger motor vehicles
for hire operated in whole or in part in the city shall be as follows:

       

For the transportation of one or more passengers from the same point of origin to the same destination	$.40
provided, however, that if either the point of origin or the destination be in the territory annexed to the city January 1, 1939, the maximum fare shall be	$.50
For the transportation of two or more passengers from the same point of origin to two or more different destinations within the present city limits	$.35
shall be paid by or for the passengers alighting at each destination.

A schedule of the above maximum rates shall be posted in every
passenger vehicle operated for hire within the city at a point easily
visible to the passenger, and such schedule shall be printed in such

form and such type as the chief of police shall prescribe. (Id.,
Ord. Jan. 3, 1944, Jan. 21, 1944, Feb. 7, 1944.)

Sec. 93. Penalty.

Any violation of any of the provisions of this article shall be
punished by a fine of not less than five dollars nor more than one
hundred dollars for each offense. (Id.)