[Code 1974 §§ 20-1, 20-177; Code 1985 § 24-1;
Code 2005 § 106-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Vehicles of fire departments, ambulances, vehicles specified
pursuant to 63 O.S. § 1-2512(B) of licensed ambulance service
providers, county sheriff vehicles of sheriffs and full-time commissioned
deputies and police vehicles, including vehicles owned and operated
by the United States Marshals Service, the Federal Bureau of Investigation,
or by any local organization for civil defense as defined by 63 O.S.
§ 683.3. Such vehicles shall be equipped with sirens capable
of giving audible signals as required by the provisions of 47 O.S. § 12-218
and flashing red lights as authorized by the provisions of 47 O.S.
§ 12-218.
Every device propelled by human power upon which any person
may ride, having two tandem wheels, either of which is more than 20
inches in diameter.
Every motor vehicle designed for carrying more than 10 passengers
and used for the transportation of persons; and every motor vehicle,
other than a taxicab, designed and used for the transportation of
persons for compensation.
The territory contiguous to and including a highway when
within any 600 feet along such highway there are buildings in use
for business or industrial purposes, including but not limited to
hotels, banks, or office buildings, railroad stations and public buildings,
which occupy at least 300 feet in frontage on one side or 300 feet
collectively on both sides of the highway.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from such lands except at such points only and in
such manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway.
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway. The term shall also
mean any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
Every person who drives or is in actual physical control
of a vehicle.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight or passengers.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Every device, whether it is self-propelled, designed and
adapted so as to be used exclusively for agricultural, horticultural
or livestock-raising operations or for lifting or carrying an implement
of husbandry and, in either case, not subject to registration if operated
upon the highways.
Farm wagon type tank trailers of not over 1,200 gallons capacity,
used during the liquid fertilizer season as field storage nurse tanks
supplying the fertilizer to a field applicator and moved on highways
only for bringing the fertilizer from a local source of supply to
farms or field or from one farm or field to another, shall be considered
implements of husbandry for purposes of this chapter.
Trailers or semitrailers owned by a person engaged in the business
of farming and used exclusively for the purpose of transporting farm
products to market or for the purpose of transporting to the farm
material or things to be used thereon shall also be considered implements
of husbandry for purposes of this chapter; Provided no truck or semitrailer
with an axle weight of 20,000 pounds or more, which is used to haul
manure and operated on the public roads or highways of this state
shall be considered an implement of husbandry for the purposes of
this chapter.
Utility-type, all-terrain vehicles with a maximum curb weight
of 1,500 pounds which are equipped with metal front or rear carrying
racks when used for agricultural, horticultural or livestock-raising
operations shall be considered implements of husbandry for purposes
of this chapter.
The area embraced within the prolongation or connection of
the lateral curb lines, or, if none, then the lateral boundary lines
of the roadways of two highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
Where a highway includes two roadways 30 feet or more apart, then
every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection. In the event
such intersecting highway also includes two roadways 30 feet or more
apart, then every crossing of two roadways of such highways shall
be regarded as a separate intersection.
A roadway which is divided into two or more clearly marked
lanes for vehicular traffic.
Every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires,
but not operated upon rails; the term shall exclude implements of
husbandry.
Every motorcycle, including every motor scooter, equipped
with a motor which produces not to exceed five brake horsepower at
full throttle without a governor as determined by a dynamometer test
and designed to travel on not more than three wheels in contact with
the ground.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor or a motorized bicycle.
All signs, barricades, signals, markings and devices not
inconsistent with this chapter placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
Any person afoot.
Every sheriff, constable, police officer, highway patrol
officer, and any other officer who is authorized to direct or regulate
traffic or make arrests for violations of state traffic laws and municipal
ordinances.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
Any sign, signal or device erected by authority of a public
body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train.
A steam engine, diesel, electric or other motor, with or
without cars coupled thereto, operated upon rails, except streetcars.
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of 300 feet or more is in the main improved with residences or residences
and buildings in use for business.
The privilege of the immediate use of the roadway.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the shoulder. In the event
a highway includes two or more separate roadways, the term "roadway,"
as used in this chapter, refers to any such roadway separately but
not to all such roadways collectively.
An area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone or island.
The portion of the roadway contiguous with the traveled way
for accommodation of stopped vehicles, for emergency use and for lateral
support of base and surface courses.
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians.
The halting of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
Any halting even momentarily of a vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic
control sign or signal.
The complete cessation from movement.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any motor vehicle for hire, designed to carry 10 persons
or less, operated upon any street or highway, or on call or demand,
accepting or soliciting passengers indiscriminately for transportation
for hire between such points along streets or highways as may be directed
by the passenger or passengers so being transported. This classification
shall not include:
Motor vehicles of ten-passenger capacity or less operated by
the owner where the cost of operation is shared by fellow workers
between their homes and the place of regular daily employment, when
not operated for more than two trips per day;
Motor vehicles operated by the owner where the cost of operation
is shared by the passengers on a "share the expense plan"; or
Motor vehicles transporting students from the public school
system when such motor vehicle is so transporting under contract with
public, private, or parochial school board or governing body.
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this chapter.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
The portion of the traveled way for the movement of a single
line of vehicles.
Every motor vehicle designed, used or maintained primarily
for the transportation of property, three-quarter ton or less.
The territory contiguous to and including any street which
is built up with structures devoted to business, industry or dwelling
houses situated at intervals of less than 100 feet for a distance
of a quarter of a mile or more.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks;
provided, however, the definition of the term "vehicle," as used in
this chapter, shall not include implements of husbandry.
[Code 1974 § 20-4; Code 1985 § 24-2;
Code 2005 § 106-2]
It is an offense for any person to do any act forbidden or fail
to perform any act required in this chapter.
[Code 2005 § 106-3]
47 O.S. chs. 10 — 14, as now or hereafter amended,
are adopted as a part of this section as if set out at length in this
section.
[Code 1974 § 20-5; Code 1985 § 24-3;
Code 2005 § 106-4]
No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer or fire department official.
[Code 1974 § 20-6; Code 1985 § 24-4;
Code 2005 § 106-5]
Every person riding an animal or driving any animal-driven vehicle
upon a roadway shall be granted all of the rights and shall be subject
to all of the duties applicable to the driver of a vehicle by this
chapter, except those provisions of this chapter which by their very
nature can have no application.
[Code 1974 § 20-8; Code 1985 § 24-5;
Code 2005 § 106-6]
The provisions of this chapter shall apply to the driver of
any vehicle owned by or used in the service of the United States government,
any state, county, City or other governmental unit or agency, as well
as to other vehicles; and it is unlawful for any such driver to violate
any of the provisions of this chapter, except as otherwise permitted
in this chapter or by state statute; provided, that this chapter shall
not apply to the military forces of the United States and organizations
of the National Guard when performing any military duty, except as
otherwise provided in 47 O.S. § 11-107.
[Code 1974 § 20-9; Code 1985 § 24-6;
Code 2005 § 106-7]
Unless specifically made applicable, the provisions of this
chapter, except those relating to reckless driving and driving while
intoxicated, shall not apply to persons, teams, motor vehicles and
other equipment while actually engaged in work upon the surface of
a street, or to persons, motor vehicles and other equipment while
actually engaged in construction, maintenance or repair of public
utilities; provided that all highway and public utility operations
shall be protected by adequate warning signs, signals, devices or
flaggers; but the provisions of this chapter shall apply to such persons
and vehicles when traveling to or from such work.
[Code 1974 § 20-11; Code 1985 § 24-7;
Code 2005 § 106-8]
A.
The driver of an authorized emergency vehicle, when responding to
an emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to but not upon returning from
a fire alarm, may exercise the privilege set forth in this section,
but subject to the conditions stated in this section.
B.
The driver of an authorized emergency vehicle may:
(1)
Park, or stand, irrespective of the provisions of this chapter;
(2)
Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
(3)
Exceed the maximum speed limits so long as speeding does not endanger
life or property;
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
C.
The exemptions granted in this section to an authorized emergency
vehicle shall apply only when such vehicle is properly and lawfully
making use of an audible signal or of flashing red or blue lights
or a combination of flashing red and blue lights meeting the requirements
of 47 O.S. § 12-218, except that an authorized emergency
vehicle operated as a police vehicle need not be equipped with or
display a red or blue light visible from in front of the vehicle.
This subsection shall not be construed as requiring a peace officer
operating a police vehicle properly and lawfully in response to a
crime in progress to use audible signals.
D.
The provisions of this section shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard
for the safety of all persons, nor shall such provisions protect the
driver from the consequences of reckless disregard for the safety
of others.
[Code 1985 § 24-8; Code 2005 § 106-9]
It shall be reckless driving and an offense for any person to
drive a motor vehicle in a careless or wanton manner without regard
for the safety of persons or property.
[Code 1974 §§ 20-49, 20-183(d)(1); Code 1985
§ 24-9; Code 2005 § 106-10]
A.
It is unlawful and punishable as provided in this section for any
person to drive, operate, or be in actual physical control of a motor
vehicle within this City who:
(1)
Has a blood or breath alcohol concentration, as defined in 47 O.S.
§ 756, of eight-hundredths or more at the time of a test
of such person's blood or breath administered within two hours
after the arrest of such person;
(2)
Is under the influence of alcohol;
(3)
Is under the influence of any intoxicating substance other than alcohol
which may render such person incapable of safely driving or operating
a motor vehicle; or
(4)
Is under the combined influence of alcohol and any other intoxicating
substance which may render such person incapable of safely driving
or operating a motor vehicle.
B.
The fact that any person charged with a violation of this section
is or has been lawfully entitled to use alcohol or a controlled dangerous
substance or any other intoxicating substance shall not constitute
a defense against any charge of violating this section.
C.
Any person who is convicted of a violation of the provisions of this
section shall be deemed guilty of a misdemeanor for the first offense
and shall be punished by a fine of not less than $150 nor more than
$200.
D.
In any case in which a defendant is charged with a second or subsequent
driving under the influence of alcohol or other intoxicating substance
offense within the City, the charge shall be presented to the county's
district attorney and filed with the district court of the county.
E.
Any person who is found guilty of a violation of the provisions of
this section who has been sentenced by the court to perform any type
of community service shall not be permitted to pay a fine in lieu
of performing the community service.
F.
As used in this section, the term "other intoxicating substance"
shall mean any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act (63 O.S. § 2-101 et
seq.) and any other substance, other than alcohol, which is capable
of being ingested, inhaled, injected or absorbed into the human body
and is capable of adversely affecting the central nervous system,
vision, hearing or other sensory or motor functions.
[Code 1974 § 2-23; Code 1985 § 24-10;
Code 2005 § 106-11]
It shall be unlawful for any person to knowingly transport in
any vehicle upon a public highway, street or alley any alcoholic beverage
except in the original container which shall not have been opened
and the seal upon which shall not have been broken and from which
the original cap or cork shall not have been removed, unless the opened
container be in the rear trunk or rear compartment, which shall include
the spare tire compartment in a vehicle commonly known as a station
wagon and panel truck, or any outside compartment which is not accessible
to the driver or any other person in such vehicle while it is in motion.
[Code 1974 § 2-71; Code 1985 § 24-11;
Code 2005 § 106-12]
It shall be unlawful for any person to knowingly transport in
any moving vehicle upon a public highway, street or alley any intoxicating
beverage or low-point beer, as defined by 37 O.S. §§ 163.1
and 163.2, except in the original container which shall not have been
opened and from which the original cap or seal shall not have been
removed, unless the opened container be in the rear trunk or rear
compartment, which shall include the spare tire compartment in a station
wagon or panel truck, or any outside compartment which is not accessible
to the driver or any other person in the vehicle while it is in motion.
Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not more than $50.
[Code 1974 §§ 20-50, 20-53; Code 1985 § 24-13;
Code 2005 § 106-13]
A.
It is unlawful for any person who does not have a driver license,
as required by state law for operation of a motor vehicle upon the
state highways, to operate a motor vehicle within the City.
B.
It shall be unlawful for any person to display or cause or permit
to be displayed, or have in his possession any canceled, revoked,
suspended, fictitious, photostatic or fraudulently altered driver
license or commercial driver license.
C.
It shall be unlawful for any person to lend his driver license or
commercial driver license to any other person or knowingly permit
the use thereof by another.
D.
It shall be unlawful for any person to display or represent as one's
own any driver license or commercial driver license not issued to
him.
E.
It is unlawful for any person to operate a motor vehicle in violation
of any restriction as specified in 47 O.S. § 6-113, when
such person has been issued a restricted driver license or commercial
driver license.
F.
It is unlawful for any person whose license as required by state
law for operation of a motor vehicle upon the state highways has been
revoked or suspended to operate a motor vehicle during the period
of suspension or revocation.
[Code 1974 § 20-86; Code 1985 § 24-14);
Code 2005 § 106-14]
A.
It shall be unlawful for any person to cause or knowingly permit
his child or ward under the age of 16 years to drive a motor vehicle
on any of the streets of this City when such minor is not authorized
to do so by the provisions of the laws of the state.
B.
It shall be unlawful for any person to authorize or knowingly permit
any vehicle owned by him or under his control to be driven upon any
of the streets or highways of this City by any person who is not authorized
under the provisions of the laws of the state to operate such vehicle.
[Code 1985 § 24-15; Code 2005 § 106-15]
Every operator of a motor vehicle registered in this state shall,
while operating or using such vehicle, carry either an operator's
or an owner's security verification form issued by a carrier,
providing the operator is not excluded from coverage thereon; or an
equivalent form issued by the state department of public safety, reflecting
liability coverage.
[Code 1974 § 20-174; Code 1985 § 24-16;
Code 2005 § 106-16]
A.
The City Manager may prescribe routes through the City for the use
of trucks in general or trucks of particular kinds and/or other vehicles
which are not ordinary private passenger vehicles, passing through
the City. The City Manager shall cause appropriate and adequate signs
to be placed along such routes so that drivers of such vehicles may
follow the routes.
B.
When such signs are so erected and in place, the driver of a truck
or other vehicle for which a route has been prescribed as provided
above, while passing through the City, shall keep on such route and
shall not deviate therefrom except in case of emergency. Drivers of
such vehicles shall follow such routes so far as practicable also
when driving within the City and not merely through the City.
[Code 1985 § 24-17; Code 2005 § 106-17]
No person shall park or drive a vehicle on any City property
except in the roadways and parkways provided unless authorized to
do so.
[Ord. No. 11-16-15-05 § 1, 11-16-2015]
A.
It shall be unlawful for any person to operate a motor vehicle on
any street or highway while using a hand-held electronic communication
device to manually compose, send or read an electronic text message
while the motor vehicle is in motion.
B.
Any person who violates the provisions of Subsection A of this section shall, upon conviction, be punished by a fine of not more than $100 plus court costs.
C.
The provisions of Subsection A of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
D.
For the purpose of this section:
(1)
"Cellular telephone" means an analog or digital wireless telephone
authorized by the Federal Communications Commission to operate in
the frequency bandwidth reserved for cellular telephones;
(2)
"Compose," "send" or "read" with respect to a text message means
the manual entry, sending or retrieval of a text message to communicate
with any person or device;
(3)
"Electronic communication device" means an electronic device that
permits the user to manually transmit a communication of written text
by means other than through an oral transfer or wire communication.
This term does not include a device that is physically or electronically
integrated into a motor vehicle or a voice-operated global positioning
or navigation system that is affixed to a motor vehicle, or a hands-free
device that allows the user to write, send or read a text message
without the use of either hand except to activate, deactivate or initiate
a feature or function; and,
(4)
"Text message" includes a text-based message, instant message, electronic
message, photo, video or electronic mail.
[Ord. No. 10-17-16-05 § 1, 10-17-2016]
When any section of any roadway, highway, or street within the
boundaries of the City of Cushing has been closed to traffic due to
flooding that is ongoing and traffic-control devices or barricades
have been erected by law enforcement or other government officials
with authority over traffic control, it shall be unlawful for any
person to tear down, damage or remove any traffic-control devices
or barricades or drive any vehicle through, under, over or around
the traffic-control devices or barricades, or otherwise to enter the
closed area. Any person who violates the provisions of this section
shall, upon conviction, be guilty of a misdemeanor punishable by a
fine of not less than $100 nor more than $500.
