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CHAPTER 7 TRAFFIC REGULATIONS AND VIOLATIONS
Article 1 – General
Regulations
No person
shall drive any vehicle upon any street or alley in the City at a greater rate
of speed than is reasonable and proper under all the circumstances, having due
regard to the traffic, use and condition of the street or alley or at a reckless
or dangerous rate of speed, or in a careless or negligent manner. Proof of the
following facts shall be prima facie evidence that a person operating a vehicle
is guilty of driving the same at a greater rate of speed than is reasonable as
defined in the preceding paragraph: A.
Driving at a greater rate of speed than fifteen (15) miles per hour
passing a school zone; B.
Driving at a greater rate of speed than twenty (20) miles per hour or
posted limit in a business or residence districts, except where such street is
designated as an arterial street or highway, then at a rate of speed of not more
than thirty (30) miles per hour or posted limit; C.
Driving in such a manner as not to have the vehicle under complete
control; and
D.
Driving at a greater rate than ten (10) miles per hour upon the dedicated
streets in the Wagon Wheel Trailer Court in Flynn’s Addition to the City.
Section
7.1.02
Traveling Abreast Vehicles
shall not travel two (2) or more abreast on any street or pass a moving vehicle
at a street intersection.
No person
shall drive any vehicle at an unnecessarily slow rate of speed so as to hinder
and retard traffic.
Section
7.1.04
Exhibition Driving Any person
shall be guilty of exhibition driving who drives a vehicle within the limits of
the City in such a manner A.
That creates or causes unnecessary engine noise, or tire squeal, skid, or
slide upon acceleration or stopping; B.
That simulates a temporary race; or
C.
That causes the vehicle to unnecessarily turn abruptly or sway.
Section
7.1.05 Use of Motor Vehicles, Traction Engine, Tractors, and
Road Rollers A.
It shall be unlawful for any person to park or drive any motor vehicle,
traction engine, tractor, or road roller on the streets or alleys within the
corporate limits of the City in violation of the provisions of this Section.
B.
At any regular or special meeting of the governing body of said City,
said governing body may direct the police department of said City to place such
parking, loading, load, and driving restrictions on any or all streets and
alleys within the corporate limits of said City, as in the opinion of the said
governing body may be necessary at any particular time.
C.
At any regular or special meeting of the governing body of said City, as
set out in Section 7.1.05 (B), the said governing body shall place or cause to
be placed in their official minutes such restrictions as in their opinion may be
necessary on said streets and alleys within the corporate limits of said City;
that said governing body shall then direct the police department to place signs
on the said restricted streets and alleys which shall set out the restriction
imposed by the governing body; that after said signs shall be posted by the
police department, the said restriction shall be in full force forthwith.
D.
In order to give adequate notice to the public of said restrictions as
described, the governing body of said City shall direct the police department of
said City to place a sign describing said restriction at every street and alley
intersection on which the restriction is imposed which shall face traffic.
E.
It shall be unlawful for any person to destroy, tamper with, damage, or
tear down any sign hereinbefore referred to in this Article.
Section
7.1.06
Brakes, Horn, and Signals Every motor
vehicle shall be provided with adequate brakes in good working order and
sufficient to control such motor vehicle at all times when the same is in use,
and ad adequate horn or other devise for signaling.
A motor
vehicle shall, during the period from half an hour after sunset to half an hour
before sunrise, display at least two lighted lamps on the front and one on the
rear of such motor vehicle, which rear lamp shall display a red light, plainly
visible from the rear; provided that a motorcycle shall be required to display
but one lighted lamp in front and one showing a red light in the rear.
Section
7.1.08
Electric Head Lights It shall be
unlawful to use electric head lights or side lights upon any vehicle upon any of
the streets or alleys in the City unless the same are dimmed in such a manner as
to prevent the light being dazzling or blinding to persons using the street.
Section
7.1.09
Entering Street It shall be
unlawful for any person driving any vehicle to drive onto an arterial street in
the City without first coming to a full stop prior to entering upon said
arterial street. Vehicles on the
arterial street shall have the right of way.
This Article shall not apply to ambulances and Fire and Police Department
vehicles and apparatus while being operated in an emergency.
Every driver
of a vehicle turning into another street, alley, or highway to the right shall
turn the corner as near to the right hand curb of the street as possible, and in
no instance passing beyond the center of the street.
Every driver
of a vehicle turning into another highway, street or alley to the left shall at
a distance of ten (10) feet before entering intersection signal his/her
intention so as to be plainly visible to any driver of vehicles in the rear, and
shall, whenever possible, turn to the lift of the center of the intersection of
the two streets or highway, unless otherwise marked.
Section
7.1.12
Stopping after Accident Every driver
of a vehicle or motor vehicle after colliding with any other vehicle or motor
vehicle or after injuring any person or damaging any vehicle or motor vehicle or
after damaging any property whatsoever, shall forthwith bring his vehicle or
motor vehicle to a full stop, return at once to the scene of the accident and
give to any person demanding the same his name and address, and, if operating a
motor vehicle, the registration number of the same, and shall forthwith report
the accident to the police department of the City.
Section
7.1.13
Brakes while Standing No person
shall leave a motor vehicle unattended or parked on any street of the City
unless the brakes are firmly set.
It shall be
unlawful to operate a motor vehicle, unless such motor vehicle is provided with
a muffler that shall at all times be kept closed so that the exhaust is
effectively muffled.
Section
7.1.15
Brakes and Signaling Device Every motor
vehicle driven upon the streets of the City shall be provided with adequate
brakes in good working order and sufficient to control such motor vehicle at all
times when the same is in use and an adequate bell or horn or other device for
signaling.
No person who
is under the age of fourteen (14) years shall operate or drive a motor vehicle
upon the streets of the City unless such person is accompanied by the owner of
the motor vehicle or his or her parent or guardian.
Section
7.1.17
Catching on to or Tying to Motor Vehicle It shall be
unlawful for any person to catch on to or hang on to, or attempt to propel or
guide any bicycle, sled or other vehicle holding on to the motor vehicle while
the same is moving on the streets of the City.
Section
7.1.18
Riding on Running Boards, Hood or Fenders It shall be
unlawful for any person owning or driving or in charge of a motor vehicle to
allow or permit any person to ride upon the running boards or on the outside of
any such motor vehicle, or for any person to ride upon the running board or
outside of any motor vehicle.
Section
7.1.19
Tampering with Motor Vehicles No person
shall, without authority of the person in charge, climb upon or into any vehicle
or motor vehicle, whether the same is in motion or at rest, nor shall any person
without authority of the person in charge while any motor vehicle is at rest and
unattended, sound the horn or other signaling device, or attempt to manipulate
any of the levers, starting devices, brakes or machinery thereof.
Section
7.1.20
Driving While Intoxicated It shall be
unlawful for any person to drive or operate or attempt to drive or operate any
vehicle or motor vehicle upon any of the public streets, alleys or public
grounds of the City while such person is in an intoxicated or drunken condition
or under the influence of intoxicating liquor.
Section
7.1.21
Pedestrians Crossing Streets It shall be
unlawful for any pedestrian to go from one side of the street to the other
except at a right angle at a regular cross walk at the end of a block upon any
street in the City.
Section
7.1.22
Noise in Quiet Zones The making of
any unnecessary noise by fast driving or riding, ringing of bells, blowing of
horns, whistles or other devices, or doing any other thing upon any street
tending to disturb the peace, comfort and quiet of any inmate of a hospital or
disturbing church services while church services are being held is unlawful.
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 herein.
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 about to enter or cross a public highway from an
alley, building, private road, or driveway, shall yield the right of way to all
vehicles approaching on such public highway.
C.
The driver of a vehicle upon a highway shall yield the right of way to
police and fire department vehicles when the latter are operated upon official
business, and ambulances, and the drivers thereof sound audible signal by bell,
siren, or exhaust whistle. The
provision of this Section shall not operate to relieve the driver of a police,
fire department vehicle, or ambulance from the duty to drive with due regard to
the safety of all persons using the highway nor shall it protect the driver of
any such vehicle from the consequence of an arbitrary exercise of such right of
way.
D.
Highway and street maintainers in the performance of their duties of
maintaining the streets shall have preference or right of way and shall be
permitted to drive upon the left hand side of the traveled portion of the
highway for the purpose of dumping materials, or repairing the streets and also
for smoothing the road surface. A
highway maintainer shall not in discriminatorily block traffic but shall allow
reasonable room on the traveled portion of the highway for other vehicles to
pass; such highway maintainers shall not, however, be required to turn to the
right when meeting other vehicles or allowing them to pass when his work
requires him to remain on the other side of the traveled portion of the street;
such maintainer, however, shall be subject to the other rules of this Article
except when the performance of their maintenance work requires them to do
otherwise.
No person
driving a vehicle shall reverse the same without ample warning having been given
and, while reversing, care must be exercised not to injure those in the rear.
A standing
vehicle about to start shall give moving vehicles the right of way and the
driver thereof shall give ample warning before starting.
Section
7.1.26
Funeral Procession No driver of
a vehicle shall drive through or otherwise interfere with any funeral procession
on any of the streets of the City, and it shall be the duty of any person
driving any vehicle to stop when reaching a street on which a funeral procession
is passing and wait until such funeral procession has entirely passed.
Section
7.1.27
Bicycle upon Sidewalk No person
shall ride any bicycle upon or along any public sidewalk of any street in the
City.
Section
7.1.28
Flat Service Wheels No person
shall drive upon any crossing or pavement of the City any tractor or steam
engine having other than flat surface wheels, unless before driving upon such
pavement or crossing good and sufficient plank shall be placed under the wheels
so that no portion of the wheels shall touch the pavement or crossing.
No person
shall drive any vehicle upon any street in the City with a load or part of a
load projecting more than four (4) feet beyond the rear end or front end, or
more than two (2) feet beyond the sides of the body or carrying part of said
vehicle unless there be attached to the extreme ends and sides of such
projecting load a warning sign or signal consisting of red cloth at least
eighteen (18) inches square in daytime or a suitable light, red in color, at
night, such sign or signal to be so placed as to the plainly discernible to
other drivers and clearly indicating the projecting load.
Those
vehicles exceeding a three (3) ton chassis classification as set out above, are
confined to the designated travel route through the City posted as a truck route
and said Highway 18 through the City, as well as South County Road, North County
Road and North Main Street shall be designated as the truck routes. Anyone who
violates this Section shall be guilty of a Class II Misdemeanor and fined
pursuant to Section 14.01.
Section
7.1.31
Traffic Ticket Citations A.
The police of the City are hereby empowered to issue both warning and
violation ticket citations for any and all violations of the traffic ordinances
of the City which shall state the violation and cite said person to appear in
the proper court at a time and place designated in said ticket.
B.
The said ticket shall contain the following form as a minimum; the
violation complained of, a citation stating the time and place where the
appearance shall be made, the name of the Defendant, if known, and if not known,
the license plate of the car involved in said violation.
C.
Any person who shall fail to appear as required in said citation at the
time and place designated in said ticket shall be deemed guilty of a Class II
Misdemeanor and upon conviction thereof shall be subject to a fine pursuant to
Section 14.01.
CHAPTER 7 TRAFFIC REGULATIONS AND
VIOLATIONS Article 2 – Traffic Control
Devices
No
vehicle shall be permitted to make a complete turn or a turn of 180 degrees on
the following streets: A.
The intersection of Main Street with Second Street; B.
The intersection of Third Street and Fourth Street; C.
On East Seventh Street between the intersections of: 1.
East Seventh and Main; and 2.
East Seventh and East County Road.
D.
The intersection of U.S. Highway 18-183 with South Dakota Highway 44 on
the eastern edge of the City.
Section
7.2.02
One-Way Streets The City
shall install appropriate traffic control signs to designate one-way streets. A.
The portion of Main Street from its intersection with Highway 18 south to
its intersection with Fifth Street is hereby declared to be a one-way street.
Traffic upon that portion of Main Street herein described, shall move
one-way in a southerly direction only; and B.
All vehicular traffic traveling on Third Street between South County Road
and West Park Street shall travel in one-way from west to east.
Section 7.2.03
Four-Way Stop Signs The City shall install four-way
stop signs at the following intersections: A.
The intersection of Fifth Street and Main Street; B.
The intersection of West Third Street and East Park Street; and
C.
The intersection of Seventh Street and East Park Street.
The City shall install yield
signs at the following intersections: A.
On Third Street when crossing Polk Street; B.
On Fourth Street when crossing Polk Street; C.
On Fifth Street when
crossing Polk Street; and D.
In Pamida parking lot when crossing East Fifth Street.
The City shall install stop
signs at the following intersections: A.
On Third Street when crossing Lamro Street; B.
On Fourth Street when crossing Lamro Street; C.
On Fifth Street when crossing Lamro Street;
D.
On Fifth Street when crossing East Park Street;
E.
On Fifth Street when crossing Monroe Street;
F.
On Sixth Street when crossing Lamro Street; G.
On Sixth Street when crossing Main Street;
H.
On East Eighth Street when crossing Country Club Road;
I.
On Ninth Street when crossing Country
Club Road;
J.
On Tenth Street when crossing Country Club Road;
K.
North bound on Country Club Road crossing Sixth Street;
L.
North bound on Harding Street crossing Seventh Street and Harding Street;
M.
On Harding Street when crossing East Tenth Street;
N.
On Iowa Street when crossing County Road; and
O.
On Lincoln when crossing Fifth Street.
Section
7.2.06
Automatic Signaling Devices, Stop Signs, and Other Signaling Devices A.
Every person driving, operating, or propelling any vehicle or motor
vehicle, shall bring the same to a complete stop before crossing a cross walk,
street intersection, or any other place, street or alley in the City when any
automatic signaling device, stop sign, or other signaling device indicating said
vehicle or motor vehicle to stop, is placed in front, or above said vehicle or
on the right or left said of said walk, street or intersection;
B.
In case of an automatic signaling device, the person driving, operating
or propelling said vehicle shall not start to pass or cross the cross walk,
street intersection, other place, street or alley until said automatic signaling
device shall give or exhibit the word or signal "GO" or give a green
light.
C.
Said automatic signaling devices, stop signs, and other signaling devices
shall be erected only after the Council by resolution duly incorporated into the
minutes of the meeting, shall order the same erected; that after said duly
adopted resolution, said Council may use or hire any person it deems fit to
erect said signaling device or devices.
D.
Said automatic signaling devices, stop signs, and other signaling devices
shall be taken down only after the Council by resolution duly incorporated into
the minutes of the meeting, shall order the same taken down; that after said
duly adopted resolution, the Council may use or hire any person it deems fit to
take said signaling device or devices down.
This shall include stop signs.
E.
The Council hereby and by this Article does approve every existing
automatic signaling device, stop sign, and other signaling devices which is now
erected and hereby resolves that they are lawful and in full force and effect
and shall be obeyed by every person.
F.
Traffic officers shall be considered as a signaling device in this
Section, and when directing traffic at any given time, drivers of vehicles or
motor vehicles shall obey the directions of said traffic officers exclusive of
all other signaling devices at that particular place and time.
G.
Unless otherwise directed by a traffic officer, pedestrians shall not
cross a cross walk over which vehicles and motor vehicles have the right of way
under direction of an automatic signaling device, stop signs, or other signaling
devices, otherwise, when crossing at the proper place, pedestrians shall have
the right of way when crossing streets.
Section
7.2.07
Establish and Maintain Signs The Winner
Chief of Police is hereby directed to establish and maintain signs to effectuate
the purpose of this Ordinance.
THIS
PAGE LEFT INTENTIONALLY BLANK TRAFFIC REGULATIONS AND
VIOLATIONS Article 3 – Parking Except as
herein otherwise provided no vehicle shall be parked on any street or alley of
the City except such vehicle be parallel to the curb and no closer than four
feet to any other vehicle, front and rear, and the front and rear wheels on the
right of such vehicle shall not be more than twelve (12) inches from the curb.
Section
7.3.02
Diagonal Parking All vehicles
parked upon the Main Street of the City shall be parked at an angle with curb
approximately forty-five (45) degrees with the front wheel touching the curb, or
where diagonal parking spaces have been painted or marked off on said street,
such vehicles parked thereon must be parked at an angle to conform to and be
within said parking spaces with the front wheel touching the curb.
It shall be unlawful for any driver of any vehicle to park such vehicle
in the center of the Main Street.
Section
7.3.03
Handicapped Parking The City will
cause signs designated as "handicapped parking" to be placed at the
last parking space on the south side of each block of the West side of Main
Street, and those parking spaces will be reserved for such mobile handicapped
individuals.
Section
7.3.04
Length of Parking No vehicle
shall be parked upon any of the streets of the City longer than a continued
period of twenty-four (24) hours.
Section
7.3.05
Restricted Vehicles No trucks or
vehicles including its load measuring more than twenty (20) feet in length from
tip to tip and eight (8) feet in width from one outside extremity to the other,
shall be parked upon the Main Street of the City.
No tractors shall be parked upon the Main Street of the City. It shall be
unlawful for any person to park or drive any motor vehicle exceeding a three (3)
ton chassis classification, as made by the manufacturers, on the streets,
alleys, or sidewalks within the residential areas of the City except when
receiving or making deliveries to that residential area.
Section
7.3.06
Recreational Equipment No major
recreational equipment, such as travel trailers, pickup campers, coaches, tent
trailers, and the like, shall be parked on a City street in a residential
district for more than twenty-four (24) hours when used for living, sleeping, or
housekeeping purposes.
Section
7.3.07
Parking in Alleys No vehicles
shall be parked in the alleys of the City except for the purpose of loading or
unloading goods, wares or merchandise and then only for such length of time as
may be necessary to load and unload.
Vehicles
shall not be double parked on any street in the City except when unloading or
loading passengers, goods or merchandise and then only such length of time as
may be necessary to load and unload.
Section
7.3.09
Parking Near Fire Hydrants It shall be
unlawful to park where curb is painted yellow or within ten (10) feet of a fire
hydrant.
Section
7.3.10
Parking by Intersecting Sidewalks No person
shall park any vehicle, motor or otherwise, with any part of such vehicle within
a distance of ten (10) feet of any intersecting sidewalk or crosswalk, or a line
extended from any such sidewalk or crosswalk.
Section
7.3.11
Prohibitive Parking A.
No vehicle shall park any vehicle, motor or otherwise, on the east side
of Lincoln Street within ninety (90) feet of the Intersection of Highway 18 and
Lincoln; B.
No person shall park any vehicle, motor or otherwise, upon the east side
of Madison Street between the intersections of Madison and Second Street and
Madison and Third Street adjoining the curb on said east side;
C.
No person shall park any vehicle, motor or otherwise, adjoining the curb
or in the street on either side of that part of First Street located within the
corporate limits of the City from Van Buren Street west to the point where First
Street connects with U.S. Highway 18; and
D.
No person shall park any vehicle, motor or otherwise, upon the north side
of Sixth Street adjoining the curb on said North side.
Section
7.3.12
Parking Distances Vehicles,
motor or otherwise, may be parked upon the South side of Sixth Street; said
vehicle so parked to be parallel to the curb and no closer than four feet to any
other vehicle, front and rear, and the front and rear wheels on the right of
such vehicle shall not be more than twelve inches from the curb. No vehicle, motor or otherwise having a width exceeding six
(6) feet six (6) inches shall be permitted to park on 6th Street.
There shall
be established certain parking spaces on certain streets within said City to be
used for bus stops, to be designated by the Chief of Police of said City and
such spaces so designated shall be marked by him by painting the words "Bus
Stop" on the curb or appropriate marker and designating the hours for use
of said spaces as a bus stop. It shall be
unlawful for any person to park in any space in said City marked "Bus
Stop" during the hours designated.
THIS
PAGE LEFT INTENTIONALLY BLANK TRAFFIC REGULATIONS AND
VIOLATIONS Article 4 – Emergency Vehicles Section
7.4.01
Emergency Vehicles Right-of-Way A.
Upon the approach of any police or fire department vehicle giving audible
signal by siren or otherwise, the driver of any vehicle shall immediately yield
the right of way to such police or fire department vehicle and shall pull to the
right hand edge of the curb or as near as possible there to and stop until such
police or fire department vehicle or vehicles have passed.
B.
No driver of a vehicle shall follow a fire department vehicle or vehicle
traveling to a fire or in answer to a fire alarm at a distance closer than five
(5) hundred feet and shall not park any vehicle within one (1) block of such
fire vehicle or vehicle which such vehicles are being used at any fire.
C.
Every driver of a vehicle shall yield the right-of-way to an ambulance.
Section
7.4.02
Following Fire Apparatus It shall be
unlawful for any driver of any vehicle other than one on official business to
follow any fire apparatus traveling in response to a fire alarm closer than five
hundred (500) feet or to drive into or park such vehicle within the block where
the fire apparatus has stopped in answer to a fire alarm or any public
emergency.
Section
7.4.03
Crossing of Unprotected Hose It shall be
unlawful for any vehicle to be driven over any unprotected hose of the fire
department when laid down on any street or private driveway to be used at any
fire or alarm of fire, without the consent of the fire marshal or fire
department official in command.
THIS
PAGE LEFT INTENTIONALLY BLANK TRAFFIC REGULATIONS AND
VIOLATIONS Article 5 – Snowmobiles
Section
7.5.01
Private Property It shall be
unlawful to operate snowmobiles or all terrain vehicles on or across the private
property of another unless permission to do so has been first obtained by the
vehicle operator or vehicle owner of the snowmobile or all terrain vehicle.
Section
7.5.02
Registration and Licensing Requirements All
snowmobiles and all terrain vehicles operated within the City must comply with
all title registration, annual registration, and licensing requirements of the
State of South Dakota.
Section
7.5.03
Roadway Restrictions Snowmobiles
and all terrain vehicles may be operated on the roadways of the City subject to
the following restrictions: A.
No snowmobiles or all terrain vehicles may be operated within the City
limits during the hours of darkness except as provided by Sections 7.5.03 (G)
and 7.5.04 hereof.
B.
All snowmobiles and all terrain vehicles operated on City roadways shall
display a 12" x 12" orange flag attached to the snowmobile or vehicle
in such a manner that the bottom of the flag measures 60" from the roadway
surface.
C.
City roadways may only be used for travel in the most direct route to and
from the Municipal City Limits except as provided in Sections 7.5.03 (G) and
7.5.04 hereof.
D.
All snowmobiles and all terrain vehicles are prohibited from operating on
Main Street and Second Street, except for crossing and except as provided in
Sections 7.5.03 (G) and 7.5.04 hereof.
E.
Snowmobiles and all terrain vehicles are prohibited from operating in all
City parks and recreation areas.
F.
All snowmobiles and all terrain vehicles operated within the City shall
be subject to the same traffic ordinances, rules and regulations as pertain to
the operation of motor vehicles when the snowmobiles and all terrain vehicles
are operated on City roadways.
G.
In the event of an emergency permission may be granted by any law
enforcement officer, the mayor or City civil defense director for the use of the
City roadways which permission shall waive the restrictions of Sections 7.5.03
(A), (C), and (G).
Section
7.5.04
Travel on Closed Roadways The Mayor or
Chief of Police may also permit persons, associations, or clubs formed by
vehicle owners of snowmobiles or all terrain vehicles to operate on roadways
which are closed to travel to other motor vehicles or which during the hours of
use by snowmobiles or all terrain vehicles will be adequately posted for warning
to other motor vehicle operators. The
permit shall specifically define the routes and the time of day that the vehicle
operators shall be permitted to use the roadway.
Section
7.5.05
Unlawful Operation It shall be
unlawful for any person to operate or drive any type of motorized vehicle on
City-owned land off of a highway, street, alley, or recognized thoroughfare.
This Article does not apply to City-owned vehicles.
Any person
guilty of violating this Article shall be guilty of a Class II Misdemeanor and
fined pursuant to Section 14.01.
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