[Editor's Note: The ordinance establishing this chapter
was adopted on September 6, 1961. Amendments are noted on sections
changed. The traffic ordinance was originally adopted on August 10,
1935; amended June 6, 1938; February 10, 1947; August 12, 1957 and
August 11, 1958.]
a. The
following words and phrases when used in this chapter shall for the
purpose of this chapter have the meanings respectively ascribed to
them in this section.
1. AUTHORIZED EMERGENCY VEHICLE – Shall mean vehicles of the fire
department (fire patrol), police vehicles and such ambulances and
emergency vehicles of municipal departments or public service corporations
as are designated or authorized by the Commissioner or the Chief of
Police of this Town.
2. BICYCLE – Shall mean 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.
3. CENTRAL BUSINESS DISTRICT – Shall mean all streets and portions
of streets within all those areas described in section 14-1.3c1(a),
(b) and (c) of this Code.
4. COMMERCIAL VEHICLE – Shall mean every vehicle designed, maintained,
or used primarily for the transportation of property.
5. DRIVER – Shall mean every person who drives or is in actual
physical control of a vehicle.
6. HIGHWAY – Shall mean 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.
7. INTERSECTION – Shall mean 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.
8. LANED ROADWAY – Shall mean a roadway which is divided into
two or more clearly marked lanes for vehicular traffic.
9. MOTOR VEHICLE – Shall mean every object or device propelled
or drawn on wheels, rollers, runners, or otherwise except roadrollers
and those objects or devices that are run only upon rails or tracks.
10. MOTORCYCLE – Shall mean 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.
11. OFFICIAL TIME STANDARD – Shall mean whenever certain hours
are named herein they shall mean standard time or daylight-saving
time as may be in current use in this Town.
12. OFFICIAL TRAFFIC CONTROL DEVICES – Shall mean all signs, signals,
markings and devices not inconsistent with this ordinance placed or
erected by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning or guiding traffic.
13. PARK OR PARKING – Shall mean 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 and passengers.
14. PEDESTRIAN – Shall mean any person afoot.
15. PERSON – Shall mean every natural person, firm, copartnership,
association or corporation.
16. POLICE OFFICER – Shall mean every officer of the municipal
Police Department or any officer authorized to direct or regulate
traffic or to make arrest for violations of traffic regulations.
17. PRIVATE ROAD OR DRIVEWAY – Shall mean 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.
18. RESIDENCE DISTRICT – Shall mean the territory contiguous to
and including a highway not comprising a business district when the
property on such a highway for a distance of 300 feet or more is in
the main improved with residences or residences and buildings in use
for business.
19. RIGHT-OF-WAY – Shall mean the privilege of the immediate use
of the roadway.
20. ROADWAY – Shall mean that portion of a highway improved, designed
or ordinarily used for vehicular travel, exclusive of the berm or
shoulder. In the event a highway includes two or more separate roadways
the terms "roadway" as used herein shall refer to any such roadway
separately but not to all such roadways collectively.
21. SAFETY ZONE – Shall mean the 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.
22. SIDEWALK – Shall mean that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent property
lines, intended for use of pedestrians.
23. STAND OR STANDING – Shall mean the halting of a vehicle, whether
occupied or not, otherwise than for the purpose of and while actually
engaged in receiving or discharging passengers.
24. STOP – When required, shall mean complete cessation from movement.
25. STOP OR STOPPING – When prohibited shall mean 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 device.
26. STREET OR HIGHWAY – Shall mean 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.
27. TRAILER – Shall mean any structure used or intended to be used
or capable of being used as permanent or temporary living quarters
by any person, which structure is capable of being moved from place
to place, either by its own power or by power supplied by some vehicle
attached to it or to be attached thereto.
28. THROUGH HIGHWAY – Shall mean 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 yield sign, when such
signs are erected as provided in this chapter.
29. TRAFFIC – Shall mean pedestrians, ridden or herded animals,
vehicles, streetcars and other conveyances either singly or together
while using any highway for purposes of travel.
30. TRAFFIC-CONTROL – Signal shall mean any device, whether manually,
electrically or mechanically operated by which traffic is alternately
directed to stop and to proceed.
31. TRAFFIC DIVISION – Shall mean the traffic division of the Police
Department of this Town, or in the event a traffic division is not
established, then the term whenever used herein shall be deemed to
refer to the Police Department of this Town.
32. VEHICLE – Shall mean every object or device propelled or drawn
on wheels, rollers, runners, or otherwise except road rollers and
those objects or devices that are run only upon rails or tracks.
There is hereby established in the Police Department of this
Town a traffic division to be under the control of an officer of police
appointed by and directly responsible to the Chief of Police.
It shall be the duty of the traffic division with such aid as
may be rendered by other members of the police department to enforce
the street traffic regulations of this Town and all the State vehicle
laws applicable to street traffic in this Town, to make arrests for
traffic violations, to investigate accidents and to cooperate with
other officers of the Town in the administration of the traffic laws
and in developing ways and means to improve traffic laws and in developing
ways and means to improve traffic conditions, and to carry out those
duties specially imposed upon the division by this chapter and the
traffic ordinances of this Town.
a. The Police Department or the traffic division thereof shall keep
a record of all violations of the traffic ordinances of this Town
or of the State vehicle laws of which any person has been charged,
together with a record of the final disposition of all such alleged
offenses, such record shall be so maintained so as to show all types
of violations and the total of each. The record shall accumulate during
at least a five-year period and from that time on the record shall
be maintained complete for at least the most recent five-year period.
b. All forms for records of violations and notices of violations shall
be serially numbered. For each month and year a written record shall
be kept available to the public showing the disposal of all such forms.
c. All such records and reports shall be public records.
It shall be the duty of the traffic division, assisted by other
police officers of the department, to investigate traffic accidents,
to arrest and to assist in the prosecution of those persons charged
with violations of law causing or contributing to such accidents.
Whenever the accidents at any particular location become numerous,
the traffic division shall cooperate with the Town traffic engineer
in conducting studies of such accidents and determining remedial measures.
The traffic division shall maintain a suitable system of filing
traffic accident reports.
a. The Police Department or the traffic division thereof shall maintain
a suitable record of all accidents, warnings, arrests, convictions,
and complaints reported for each driver, which shall be filed alphabetically
under the name of the driver concerned.
b. The division shall study the cases of all the drivers charged with
frequent or serious violations of the traffic laws or involved in
frequent traffic accidents or any serious accident, and shall attempt
to discover the reasons therefor, and shall take whatever steps are
lawful and reasonable to prevent the same or to have the licenses
of such persons suspended or revoked.
c. Such records shall accumulate during at least a five-year period
and from that time on such records shall be maintained complete for
at least the most recent five-year period.
The traffic division shall designate a type of pennant or other
identifying insignia to be displayed upon, or other method to be employed
to identify, the vehicles in funeral processions.
a. The Chief of Police is hereby empowered to make regulations necessary
to make effective the provisions of the traffic ordinances of this
Town and to make and enforce temporary or experimental regulations
to cover emergencies or special conditions. No such temporary or experimental
regulation shall remain in effect for more than 90 days.
a. It shall be the duty of the officers of the Police Department or
such officers as are assigned by the Chief of Police to enforce all
street traffic laws of this Town and all of the State vehicle laws
applicable to street traffic in this Town.
b. Officers of the Police Department or such officers as are assigned
by the Chief of Police are hereby authorized to direct all traffic
by voice, hand, or signal in conformance with traffic laws, provided
that, in the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians, officers of the Police Department may
direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
c. Officers of the Fire Department, when at the scene of a fire, may
direct, or assist the police in directing traffic thereat or in the
immediate vicinity.
It is a misdemeanor for any person to do any act forbidden or
fail to perform any act required in this chapter.
No person shall willfully fail or refuse to comply with any
lawful order or direction of a Police Officer or Fire Department official.
Every person riding an animal upon a roadway and every person
driving any animal-drawn vehicle shall be subject to the provisions
of this chapter applicable to the driver of any vehicle, except those
provisions of this chapter which by their very nature can have no
application.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, or similar device, shall go upon any roadway
except while crossing a street on a cross walk and when so crossing
such person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians. This section shall
not apply upon any street while set aside as a play street as authorized
by ordinance of this Town.
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,
this State, County or Town, and it shall be unlawful for any driver
to violate any of the provisions of this chapter, except as otherwise
permitted in this chapter or by State statute.
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 privileges set forth in this section,
but subject to the conditions herein stated.
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 he does not endanger life
or property;
4. Disregard regulations governing direction of movement or turning
in specified directions.
c. The exemptions herein granted to an authorized emergency vehicle
shall apply only when the driver of any vehicle while in motion sounds
audible signal by bell, siren or exhaust whistle as may be reasonably
necessary, and when the vehicle is equipped with at least one lighted
lamp displaying a red light visible under normal atmospheric conditions
from a distance of 500 feet to the front of such vehicle, except that
an authorized emergency vehicle operated as a police vehicle need
not be equipped with or display a red light visible from in front
of the vehicle.
d. The foregoing provisions 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 his reckless disregard for the safety of others.
a. Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of the
laws of this State, or of a police vehicle properly and lawfully making
use of an audible signal only;
1. The driver of every other vehicle shall yield the right-of-way and
shall immediately drive to a position parallel to, and as close as
possible, to, the right hand edge or curb of the roadway clear of
any intersection and shall stop and remain in such position until
the authorized emergency vehicle has passed, except when otherwise
directed by a police officer.
2. Upon the approach of an authorized emergency vehicle, as above stated,
the motorman of every car shall immediately stop clear of any intersection
and keep in such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer.
b. This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons using the highway.
The driver of a vehicle involved in any accident shall immediately
by the quickest means of communication give notice of such accident
to the Police Department if such accident occurs within this Town.
The driver of a vehicle which is in any manner involved in an
accident resulting in bodily injury to or death of any person or total
property damage to an apparent extent of $200 or more shall, within
five days after such accident, forward a written report of such accident
to the Police Department, or a copy of any report he is required to
forward to the State.
a. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in subsection
5-3.9 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given the notice not given by the driver.
b. Whenever the driver is physically incapable of making a written report of an accident as required in subsection
5-3.10 and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after learning of the accident make such report not made by the driver.
a. All accident reports made by persons involved in accidents or by
garages shall be without prejudice to the individual so reporting
and shall be for the confidential use of the Police Department or
other governmental agencies having use for the records for accident
prevention purposes, or for the administration of the laws of this
State relating to the deposit of security and proof of financial responsibility
by persons driving or the owners of motor vehicles, except that the
identity of a person involved in an accident may be disclosed when
such identity is not otherwise known or when such person denies his
presence at such accident.
b. All accident reports and supplemental information filed in connection
with the administration of the laws of this State relating to the
deposit of security or proof of financial responsibility shall be
confidential and not open to general public inspection, nor shall
copying of lists of such reports be permitted, except, however, that
such reports and supplemental information may be examined by any person
named therein or by his representative designated in writing.
The Police Department shall place and maintain traffic-control
signs, signals, and devices when and as required under the traffic
ordinances of this Town to make effective the provisions of said ordinances,
and may place and maintain such additional traffic-control devices
as they may deem necessary to regulate traffic under the traffic ordinances
of this Town or under State law or to guide or warn traffic.
All traffic-control signs, signals and devices shall conform
to the manual and specifications approved by the State Traffic Commission
(or) resolution adopted by the legislative body of this Town. All
signs and signals required hereunder for a particular purpose shall
so far as practicable be uniform as to type and location throughout
the Town. All traffic-control devices so erected and not inconsistent
with the provisions of State law or this chapter shall be official
traffic-control devices.
The driver of any vehicle and the motorman of any car shall
obey the instructions of any official traffic-control device applicable
thereto placed in accordance with the provisions of this chapter,
unless otherwise directed by a traffic or police officer, subject
to the exceptions granted the driver of an authorized emergency vehicle
in this chapter.
No provisions of this chapter for which signs are required shall
be enforced against an alleged violator if at the time and place of
the alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or
in place.
Whenever traffic is controlled by traffic-control signals exhibiting
the words "Go", "Caution" or "Stop", or exhibiting different colored
lights successively one at a time, or with arrows, the following colors
only shall be used and the terms and lights shall indicate and apply
to drivers of vehicles and pedestrians as follows:
a. Green alone or "Go":
1. Vehicular traffic facing the signal, except when prohibited under
subsection 5-10.5, may proceed straight through or turn right or left
unless a sign at such place prohibits either such turn, but vehicular
traffic, including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully within
the intersection or an adjacent crosswalk at the time such signal
is exhibited.
2. Pedestrians facing the signal may proceed across the roadway within
any marked or unmarked crosswalk.
b. Steady yellow alone:
1. Vehicular traffic facing the signal is thereby warned that the red
or "Stop" signal will be exhibited immediately thereafter and such
vehicular traffic shall not enter or be crossing the intersection
when the red or "Stop" signal is exhibited.
2. Pedestrians facing such signal are thereby advised that there is
insufficient time to cross the roadway, and any pedestrian then starting
to cross shall yield the right-of-way to all vehicles.
ALTERNATE 2. No pedestrian facing such signal shall enter the
roadway until the green or "Go" is shown alone (unless authorized
so to do by a pedestrian "Walk" signal).
c. Steady red alone, or "Stop":
1. Vehicular traffic facing the signal shall stop before entering the
crosswalk on the near side of the intersection of, if none, then before
entering the intersection and shall remain standing until green or
"Go" is shown alone.
2. No pedestrian facing such signal shall enter the roadway unless he
can do so safely and without interfering with any vehicular traffic.
ALTERNATE 2. No pedestrian facing such signal shall enter the
roadway until the green or "Go" is shown alone (unless authorized
so to do by a pedestrian "Walk" signal).
d. Steady red with green arrows:
1. Vehicular traffic facing such signal may cautiously enter the intersection
only to make the movement indicated by such arrow but shall yield
the right-of-way to pedestrians lawfully within a crosswalk and to
other traffic lawfully using the intersection.
2. No pedestrian facing such signal shall enter the roadway unless he
can do so safely and without interfering with any vehicular traffic.
ALTERNATE 2. No pedestrian facing such signal shall enter the
roadway until the green or "Go" is shown alone (unless authorized
so to do by a pedestrian "Walk" signal).
e. In the event an official traffic-control signal is erected and maintained
at a place other than an intersection, the provisions of this section
shall be applicable except as to those provisions which by their nature
can have no application. Any stop required shall be made at a sign
or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking the stop shall be made
at the signal.
f. The operator of any vehicle shall obey the above signals as applicable
to vehicles.
Whenever special pedestrian-control signals exhibiting the words
"Walk" or "Wait" or "Don't Walk" are in place such signals shall indicate
as follows:
a. Walk. Pedestrians facing such signal may proceed across the roadway
in the direction of the signal and shall be given the right-of-way
by the drivers of all vehicles.
b. Wait or Don't Walk. No pedestrian shall start to cross the roadway
in the direction of such signs, but any pedestrian who has partially
completed his crossing on the walk signal shall proceed to a sidewalk
or safety zone while the wait signal is showing.
a. Whenever an illuminated flashing red or yellow signal is used in
a traffic sign or signal it shall require obedience by vehicular traffic
as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop before entering
the nearest crosswalk at an intersection or at a limit line, when
marked, or if none, then before entering the intersection, and the
right to proceed shall be subject to the rules applicable after making
a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
a. No person shall place, maintain or display upon or in view of any
highway an unauthorized sign, signal, marking or device which purports
to be or is an imitation of or resembles an official traffic-control
device, or which attempts to direct the movement of traffic, or which
hides from view or interferes with the effectiveness of any official
traffic-control device.
b. No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon
any commercial advertising.
c. This section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
d. Every such prohibited sign, signal or marking is hereby declared
to be a public nuisance and the authority having jurisdiction over
the highway is hereby empowered to remove the same or cause it to
be removed without notice.
No person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official traffic-control
device or any inscription, shield or insignia thereon, or any other
part thereof.
Whenever the Police Department shall have authority to declare
any street or part thereof a play street and to place appropriate
signs or devices in the roadway indicating and helping to protect
the same.
Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of vehicles
having business or whose residences are within such closed area, and
that any said driver shall exercise the greatest care in driving upon
any such street or portion thereof.
The Police Department is hereby authorized:
a. To designate and maintain, by appropriate devices, marks, or lines
upon the surface of the roadway, crosswalks at intersections where
in their opinion there is particular danger to pedestrians crossing
the roadway, and at such other places as they may deem necessary;
b. To establish safety zones of such kind and character and at such
places as they may deem necessary for the protection of pedestrians.
a. The Police Department is hereby authorized to mark traffic lanes
upon the roadway of any street or highway where a regular alignment
of traffic is necessary.
b. Where such traffic lanes have been marked, it shall be unlawful for
the operator of any vehicle to fail or refuse to keep such vehicle
within the boundaries of any such lane except when lawfully passing
another vehicle or preparatory to making a lawful turning movement.
[Ord. 8/22/96]
The State traffic laws regulating the speed of vehicles shall
be applicable upon all streets within the Town, except as this chapter,
as authorized by State law, hereby declares and determines upon the
basis of engineering and traffic investigation that certain areas,
in which event it shall be unlawful for any person to drive a vehicle
at a speed in excess of any speed so declared in Schedule I, "Speed
Limits".
It is hereby determined upon the basis of an engineering and
traffic investigation that the speed permitted by State law at the
street intersections is greater than is reasonable or safe under the
conditions found to exist at such intersections and it is hereby declared
that the maximum speed limit within 100 feet upon every designated
approach to and within these intersections designated on Schedule
II, "Decrease of State Speed Limits at Certain Intersections," shall
be as therein stated, which speeds so declared shall be effective
at the times specified herein when signs are erected upon every approach
to every such intersection giving notice of the maximum speed limit
so declared thereat.
It is hereby determined upon the basis of an engineering and
traffic investigation that the speed permitted by State law upon the
following streets is less than is necessary for safe operation of
vehicles thereon by reason of the designation and signposting of these
streets as through highways and (or) by reason of widely spaced intersections
and it is hereby declared that the maximum speed limit shall be as
hereinafter set forth on those streets or parts of streets herein
designated in Schedule III, "Increasing State Speed Limits in Certain
Zones", at the times specified when signs are erected giving notice
thereof.
It is hereby determined upon the basis of an engineering and
traffic investigation that the speed permitted by State law outside
of business and residence districts as applicable upon the streets
designated in Schedule IV, "Decreasing of State-Law Maximum Speed",
is greater than is reasonable or safe under the conditions found to
exist upon such streets and it is hereby declared that the maximum
speed limit shall be 40 miles per hour as herein set forth on those
streets or parts of streets herein designated at the times herein
specified when signs are erected giving notice thereof.
The driver of a vehicle intending to turn at an intersection
shall do as follows:
a. Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right-hand curb or edge
of the roadway.
b. Left turns on two-way roadways. At any intersection where traffic
is permitted to move in both directions on each roadway entering the
intersection, an approach for a left turn shall be made in that portion
of the right half of the roadway nearest the center line thereof and
by passing to the right of such center line where it enters the intersection
and after entering the intersection the left turn shall be made so
as to leave the intersection to the right of the center line of the
roadway being entered. Whenever practicable the left turn shall be
made in that portion of the intersection to the left of the center
of the intersection.
c. Left turns on other than two-way roadways. At any intersection where
traffic is restricted to one direction on one or more of the roadways,
the driver of a vehicle intending to turn left at any such intersection
shall approach the intersection in the extreme left-hand lane lawfully
available to traffic moving in the direction of travel of such vehicle
and after entering the intersection the left turn shall be made so
as to leave the intersection, as nearly as practicable in the left-hand
lane lawfully available to traffic moving in such direction upon the
roadway being entered.
a. The Police Department is authorized to place markers, buttons or
signs within or adjacent to intersections indicating the course to
be traveled by vehicles turning at such intersections, and course
to be traveled as so indicated may conform to or be other than as
prescribed by law.
b. When authorized markers, buttons or other indications are placed
within an intersection indicating the course to be traveled by vehicles
turning thereat, no driver of a vehicle shall disobey the directions
of such indications.
The Police Department is hereby authorized to determine those
intersections at which drivers of vehicles shall not make a right,
left or "U" turn, and shall place proper signs at such intersections.
The making of such turns may be prohibited between certain hours of
any day and permitted at other hours, in which event the same shall
be plainly indicated on the signs or they may be removed when such
turns are permitted.
Whenever authorized signs are erected indicating that no right
or left or "U" turn is permitted, no driver of a vehicle shall disobey
the directions of any such sign.
The driver of any vehicle shall not turn such vehicle so as
to proceed in the opposite direction upon any street in a business
district and shall not upon any other street so turn a vehicle unless
such movement can be made in safety and without interfering with other
traffic.
Whenever any ordinance of this Town designates any one-way street,
the Police Department shall place and maintain signs giving notice
thereof, and no such regulation shall be effective unless such signs
are in place. Signs indicating the direction of lawful traffic movement
shall be placed at every intersection where movement of traffic in
the opposite direction is prohibited.
Upon those streets and parts of streets and in those alleys described in Schedule V, "One-Way Streets", of Chapter
5A, vehicular traffic shall move only in the direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.
a. The Police Department is hereby authorized to determine and designate
streets, parts of streets or specific lanes thereon upon which vehicular
traffic shall proceed in one direction during one period and the opposite
direction during another period of the day and shall place and maintain
appropriate markings, signs, barriers or other devices to give notice
thereof. The Police Department may erect signs temporarily designating
lanes to be used by traffic moving in a particular direction, regardless
of the center line of the roadway.
b. It shall be unlawful for any person to operate any vehicle in violation
of such markings, signs, barriers or other devices so placed in accordance
with this subsection.
Those streets and parts of streets described in Schedule VI of Chapter
5A are hereby declared to be through streets for the purpose of this section.
Whenever any ordinance of this Town designates and describes
a through street it shall be the duty of the Police Department to
place and maintain a stop sign, or on the basis of an engineering
and traffic investigation at any intersection a yield sign, on each
and every street intersecting such through street unless traffic at
any such intersection is controlled at all times by traffic-control
signals, provided, however, that at the intersection of two such through
streets or at the intersection of a through street and a heavy traffic
street not so designated, stop signs shall be erected at the approaches
of either of said streets as may be determined by the Police Department
upon the basis of an engineering and traffic study.
The Police Department is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine (a) whether vehicles shall stop at one or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or (b) whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in subsection
5-8.6a, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.
a. Every stop sign shall bear the word "Stop" in letters not less than
eight inches in height. Every yield sign shall bear the word "Yield"
in letters not less than seven inches in height. Every stop sign and
every yield sign shall at night time be rendered luminous by internal
illumination, or by a floodlight projected on the face of the sign,
or by efficient reflecting elements in the face of the sign.
b. Every stop sign and every yield sign shall be erected as near as
practicable to the nearest line of the crosswalk on the near side
of the intersection or, if there is no crosswalk, then as near as
practicable to the nearest line of the intersecting roadway.
a. Except when directed to proceed by a police officer or traffic-control
signal, every driver of a vehicle and every motorman approaching a
stop intersection indicated by a stop sign shall stop before entering
the crosswalk on the near side of the intersection, or, in the event
there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersecting roadway where
the driver has view of approaching traffic on the intersecting roadway
before entering the intersection.
b. Such driver, after having stopped shall yield the right-of-way to
any vehicle which has entered the intersection from another highway
or which is approaching so closely on the highway as to constitute
an immediate hazard, but the driver, having so yielded, may proceed
and the drivers of all other vehicles approaching the intersection
shall yield the right-of-way to the vehicle so proceeding.
a. The driver of a vehicle approaching a yield sign shall in obedience
to such sign slow down to a speed reasonable for the existing conditions,
or shall stop if necessary, and shall yield the right-of-way to any
pedestrian legally crossing the roadway on which he is driving, and
to any vehicle in the intersection or approaching on another highway
so closely as to constitute an immediate hazard. The driver, having
yielded, may proceed, and the drivers of all other vehicles approaching
the intersection shall yield to the vehicle so proceeding, provided,
however, that a driver who enters a yield intersection without stopping
and has or causes a collision with a pedestrian in a crosswalk or
a vehicle in the intersection shall prima facie be considered not
to have yielded as required herein. The foregoing shall not relieve
the drivers of other vehicles approaching the intersection at such
distance as not to constitute an immediate hazard from the duty to
drive with due care to avoid a collision.
b. The driver of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the crosswalk at a clearly
marked stop line, but if none, then at the point nearest the intersecting
roadway where the driver or anyone so concerned has a view of approaching
traffic on the intersection roadway.
The driver of a vehicle within a business or residence district
emerging from an alley, driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or onto the sidewalk
area extending across any alleyway or driveway, and shall yield the
right-of-way to any pedestrian as may be necessary to avoid collision,
and upon entering the roadway shall yield the right-of-way to all
vehicles approaching on said roadway.
No driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the intersection
or crosswalk to accommodate the vehicle he is operating without obstructing
the passage of other vehicles or pedestrians, notwithstanding any
traffic-control signal indication to proceed.
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire
alarm closer than 500 feet or drive into or park such vehicle within
the block where fire apparatus has stopped in answer to a fire alarm.
No vehicle shall be driven over any unprotected hose of a Fire
Department when laid down on any street, private driveway or otherwise,
to be used at any fire or alarm of fire without the consent of the
Fire Department official in command.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required in
this chapter. This provision shall not apply at intersections where
traffic is controlled by traffic-control signals or police officers.
Each driver in a funeral or other procession shall drive as
near to the right-hand edge of the roadway as practicable and shall
follow the vehicle ahead as close as is practicable and safe.
A funeral composed of a procession of vehicles shall be identified
as such by the display upon the outside of each vehicle of a pennant
or other identifying insignia or by such other method as may be determined
and designated by the traffic division.
No funeral, procession or parade containing 200 or more persons
or 50 or more vehicles except the forces of the United States Army
or Navy, the military forces of this State and the forces of the Police
and Fire Departments, shall occupy, march or proceed along any street
except in accordance with a permit issued by the Chief of Police and
such other regulations as are set forth herein which may apply.
The driver of a vehicle shall not drive within any sidewalk
area except at a permanent or temporary driveway.
The driver of a vehicle shall not back the same unless such
movement can be made with reasonable safety and without interfering
with other traffic.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe
to do so, nor shall any person leave a door open on the side of a
motor vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
such motorcycle is designed to carry more than one person, in which
event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat firmly attached to
the rear or side of the operator.
No person riding upon any bicycle, coaster, roller skates, sled
or toy vehicle shall attach the same or himself to any vehicle upon
a roadway.
No person shall drive a vehicle onto or from any controlled
access roadway except at such entrances and exits as are established
by public authority.
No person shall board or alight from any vehicle while such
vehicle is in motion.
No person shall ride on any vehicle upon any portion thereof
not designed or intended for the use of passengers. This provision
shall not apply to an employee engaged in the necessary discharge
of a duty, or to persons riding within truck bodies in space intended
for merchandise.
No vehicle shall at any time be driven through or within a safety
zone.
Pedestrians shall be subject to traffic-control signals as heretofore declared in subsections
5-4.5 and
5-4.6, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this section.
a. When traffic-control signals are not in place or not in operation,
the driver of a vehicle shall yield the right-of-way, slowing down
or stopping if need be to so yield to a pedestrian crossing the roadway
within a crosswalk when the pedestrian is upon the half of the roadway
upon which the vehicle is traveling, or when the pedestrian is approaching
so closely from the opposite half of the roadway as to be in danger.
b. No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle which is so close that
it is impossible for the driver to yield.
c. Paragraph a shall not apply under the conditions stated in paragraph b of subsection
5-11.5.
d. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway,
the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle.
Pedestrians shall move, whenever practicable, upon the right
half of crosswalks.
No pedestrian shall cross a roadway at any place other than
by a route at right angles to the curb or by the shortest route to
the opposite curb except in a crosswalk.
a. Every pedestrian crossing a roadway at any point other than within
a marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
b. Any pedestrian crossing a roadway at a point where a pedestrian tunnel
or overhead pedestrian crossing has been provided shall yield the
right-of-way to all vehicles upon the roadway.
c. The foregoing rules in this section have no application under the conditions stated in subsection
5-11.6 when pedestrians are prohibited from crossing at certain designated places.
a. Between adjacent intersections at which traffic-control signals are
in operation, pedestrians shall not cross at any place except in a
crosswalk.
b. No pedestrian shall cross a roadway other than in a crosswalk in
any business district.
c. No pedestrian shall cross a roadway other than in a crosswalk upon
any of the following through streets named in Schedule VII, "Streets
Whereon Pedestrians are Required to Cross at Crosswalks".
a. Where sidewalks are provided it shall be unlawful for any pedestrian
to walk along and upon an adjacent roadway.
b. Where sidewalks are not provided any pedestrian walking along and
upon a highway shall when practicable walk only on the left side of
the roadway or its shoulder facing traffic which may approach from
the opposite direction.
a. No persons shall stand in a roadway for the purpose of soliciting
a ride, employment or business from the occupant of any vehicle.
b. No person shall stand on or in proximity to a street or highway for
the purpose of soliciting the watching or guarding of any vehicle
while parked or about to be parked on a street or highway.
Notwithstanding the foregoing provisions of this section, every
driver of a vehicle shall exercise due care to avoid colliding with
any pedestrian upon any roadway and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated person upon a
roadway.
a. It is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this section.
b. The parent of any child and the guardian of any ward shall not authorize
or knowingly permit any such child or ward to violate any of the provisions
of this section.
c. These regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any highway or upon any path set aside for the exclusive
use of bicycles subject to these exceptions stated herein.
Every person riding a bicycle 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 the laws of this State declaring rules
of the road applicable to vehicle or by the traffic ordinances of
this Town applicable to the driver of a vehicle, except as to special
regulations in this section and except as to those provisions of laws
and ordinances which by their nature can have no application.
a. Any person operating a bicycle shall obey the instructions of official
traffic-control signals, signs and other control devices applicable
to vehicles, unless otherwise directed by a police officer.
b. Whenever authorized signs are erected indicating that no right or
left or "U" turn is permitted, no person operating a bicycle shall
disobey the direction of any such sign, except where such person dismounts
from the bicycle to make any such turn, in which event such person
shall then obey the regulations applicable to pedestrians.
a. A person propelling a bicycle shall not ride other than astride a
permanent and regular seat attached thereto.
b. No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped.
a. Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
b. Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles.
c. Wherever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use the
roadway.
No person shall operate a bicycle at a speed greater than is
reasonable and prudent under the conditions then existing.
The operator of a bicycle emerging from an alley, driveway or
building shall upon approaching a sidewalk area extending across any
alleyway, yield the right-of-way to all pedestrians approaching on
the roadway.
No person operating a bicycle shall carry any package, bundle
or article which prevents the rider from keeping at least one hand
upon the handle bars.
No person shall park a bicycle upon a street other than upon
the roadway against the curb or upon the sidewalk in a rack to support
the bicycle or against a building or at the curb, in such manner as
to afford the least obstruction to pedestrian traffic.
Every person convicted of a violation of any provision of this
section shall be punished by a fine of not more than $1, or by impounding
of such person's bicycle for a period not to exceed 20 days, or by
any combination thereof.
Except as otherwise provided in this section every vehicle stopped
or parked upon a roadway where there are adjacent curbs shall be so
stopped or parked with the right-hand wheels of such vehicle parallel
to and within 18 inches of the right-hand curb.
a. The Police Department shall determine upon what streets angle parking
shall be permitted and shall mark or sign such streets but such angle
parking shall not be indicated upon any Federal aid streets or State
highway within this Town unless the State Highway Commission has determined
by resolution or order entered in its minutes that the roadway is
of sufficient width to permit angle parking without interfering with
the free movement of traffic.
b. Angle parking shall not be indicated or permitted at any place where
passing traffic would thereby be caused or required to drive upon
the left side of the street or upon any tracks.
On those streets which have been signed or marked by the Town
Police Department for angle parking, no person shall park or stand
a vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings.
a. The Chief of Police is authorized to issue special permits to permit
the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and conditions
of such permit. Such permits may be issued either to the owner or
lessee of real property or to the owner of the vehicle and shall grant
to such person the privilege as therein stated and authorized herein.
b. It shall be unlawful for any permittee or other person to violate
any of the special terms or conditions of any such permit.
a. Whenever a vehicle is lawfully upon a street or highway during the
hours between a half hour after sunset and a half hour before sunrise
and in the event there is sufficient light to reveal any person or
object within a distance of 500 feet upon such street or highway no
light need be displayed upon such parked vehicle.
b. Whenever a vehicle is parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during the hours
between a half hour after sunset and a half hour before sunrise and
there is not sufficient light to reveal any person or object within
a distance of 500 feet upon such highway, such vehicle so parked or
stopped shall be equipped with one or more lamps meeting the following
requirements: At least one lamp shall display a white or amber light
visible from a distance of 500 feet to the front of the vehicle, and
the same lamp or at least one other lamp shall display a red light
visible from a distance of 500 feet to the rear of the vehicle, and
the location of said lamp or lamps shall always be such that at least
one lamp or combination of lamps meeting the requirements of this
section is installed as near as practicable to the side of the vehicle
which is closest to passing traffic. The foregoing provisions shall
not apply to a motor-driven cycle.
c. Any lighted lamps upon a parked vehicle shall be depressed or dimmed.
a. No person shall stop, stand or park a vehicle, except when necessary
to avoid conflict with other traffic or in compliance with law or
the directions of a police officer or traffic-control device, in any
of the following places:
2. In front of a public or private driveway;
4. Within 15 feet of a fire hydrant;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing beacon, stop sign
or traffic-control signal located at the side of the roadway;
8. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless the (traffic authority) indicates a different length by signs
or markings;
9. Within 20 feet of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within
75 feet of said entrance (when properly signposted);
10. Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic;
11. On the roadway side of any vehicle stopped or parked at the edge
or curb of a street;
12. At any place where official signs prohibit stopping.
b. No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
No person shall park any vehicle upon a street, other than an
alley, in such a manner or under such conditions as to leave available
less than 10 feet of the width of the roadway for free movement of
vehicular traffic.
No person shall park a vehicle within an alley in such a manner
or under such conditions as to leave available less than 10 feet of
the width of the roadway for the free movement of vehicular traffic,
and no person shall stop, stand, or park a vehicle within an alley
in such position as to block the driveway entrance to any abutting
property.
No person shall park a vehicle upon any roadway for the principal
purpose of:
a. Displaying such vehicle for sale;
b. Washing, greasing or repairing such vehicle except repairs necessary
by an emergency.
a. The Police Department is hereby authorized to erect signs indicating
no parking upon either or both sides of any street adjacent to any
school property when such parking would, in their opinion, interfere
with traffic or create hazardous situations.
b. When official signs are so erected indicating no parking upon either
side of a street adjacent to any school in any property as authorized
herein, no person shall park a vehicle in any such designated place.
The Police Department is hereby authorized to erect signs indicating
no parking, upon any street when the width of the roadway does not
exceed 20 feet, or upon one side of a street as indicated by such
signs when the width of the roadway does not exceed 30 feet.
a. When official signs prohibiting parking are erected upon narrow streets
as authorized herein, no person shall park a vehicle upon any such
street in violation of any such sign.
The Police Department is authorized to erect signs upon the
left-hand side of any one-way street to prohibit the standing or parking
of vehicles, and when such signs are in place, no person shall stand
or park a vehicle upon such left-hand side in violation of any such
sign.
In the event a highway includes two or more separate roadways
and traffic is restricted to one direction upon any such roadway,
no person shall stand or park a vehicle upon the left-hand side of
such one-way roadway unless signs are erected to permit such standing
or parking. The Police Department is authorized to determine when
standing or parking may be permitted upon the left-hand side of any
such one-way roadway and to erect signs giving notice thereof.
a. The Police Department is hereby authorized to determine and designate
by proper signs places not exceeding 100 feet in length in which the
stopping, standing, or parking of vehicles would create an especially
hazardous condition or would cause unusual delay to traffic.
b. When official signs are erected at hazardous or congested places
as authorized herein no person shall stop, stand, or park a vehicle
in any such designated place.
No person shall use any portion of the public highways, parks,
squares or commons within this Town for camping, parking or other
like recreational purpose (including the parking of motor vehicles
for such purposes). No person shall park or leave any trailer, whether
or not the same is attached to another conveyance, on any street or
public land in the Town of Little Compton.
The provisions of this section prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a police officer or official traffic-control device.
The provisions of this section imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles in specified places or at specified times.
[Amended by Ord. 5/20/76; Ord. 7/26/82; Ord. 5/9/13]
When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in Schedule VIII of Chapter
5A.
[Ord. 3/22/90; Ord. 8/9/90; Ord. 5/10/07; amended 12-7-2023]
No person shall park a vehicle at any time upon any of the streets or parts of streets including turnarounds (also known as cul-de-sacs and including areas adjacent thereto under control of the Town and dedicated to vehicular travel) designated as a tow zone and as described in Schedule XIV of Chapter
5A. All vehicles in violation will be subject to being towed from the prohibited area to an area designated by the Little Compton Police Department at the owner's expense.
[Ord. 9/22/88; Ord. No. 5/9/13]
When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified in Schedule IX of any day within the district or upon any of the streets described in Schedule IX of Chapter
5A.
[Ord. 9/22/88]
When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified in Schedule X of any day within the district or upon any of the streets described in Schedule X of Chapter
5A.
[Ord. 9/22/88]
When signs are erected in each block giving notice thereof, no persons shall park a vehicle for longer than one hour at any time between the hours of 9:00 a.m. and 6:00 p.m. of any day within the district or upon any of the streets described in Schedule XI of Chapter
5A.
Whenever by this or any other ordinance of this Town any parking
time limit is imposed or parking is prohibited on designated streets
it shall be the duty of the Police Department to erect appropriate
signs giving notice thereof and no such regulations shall be effective
unless signs are erected and in place at the time of any alleged offense.
[Ord. 7/21/88; Ord. 5/10/07; amended 12-7-2023]
All violations referred to in section
5-15 shall carry a fine of $50 per violation, excepting a $100 fine per violation for violations in areas designated in Schedule XIV No Parking Ban/Tow Zone paragraphs c and d, in addition to any other penalty provided herein. If any fine is not paid within 20 days of the issuance of the Notice of Violation, the fine shall be doubled. If any fine is not paid within 40 days of the issuance of the Notice of Violation the fine shall be tripled.
When signs are erected giving notice thereof, no persons shall operate any vehicle with a gross weight in excess of the amounts specified in Schedule XII at any time upon any of the streets or parts of streets described in Schedule XII of Chapter
5A.
When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding 6,000 pounds gross weight at any time upon any of the streets or parts of streets described in Schedule XIII of Chapter
5A, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise and then only be entering such street at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter.
a. The Police Department is hereby authorized to determine and designate
those heavily traveled streets upon which shall be prohibited the
use of the roadway by motor-driven cycles, bicycles, horse-drawn vehicles
or other non-motorized traffic and shall erect appropriate signs giving
notice thereof.
b. When signs are so erected giving notice thereof, no person shall
disobey the restrictions stated on such signs.
No person shall draw or remove or employ anyone to draw or remove
through, over, or upon any Town highway, road, street, driftway or
public place, or any portion thereof, in the Town of Little Compton,
any house, barn, shed, shop or other building, without first making
application in writing to the Town Council, or to a committee of the
Town Council appointed as hereinafter provided, setting forth in such
application, the kind of building proposed to be removed, its size,
height, location, the Town highways, roads, streets, driftways, or
public places through which it is proposed to draw or carry the same,
the time expected to be occupied in its removal and the location to
which it is proposed to be removed; accompanying such application
with a bond with surety or sureties satisfactory to the Town Council
or said committee to indemnify the Town from and against all damages
which may occur in the process of removal, or while such building
may be temporarily occupying any Town highway, road, street, driftway
or public place, to any wires, pipes, mains, trees or other private
or public property, or to persons; to use all reasonable precautions
to prevent such damages, and to pay all damages which may occur to
any wires, pipes, mains, trees or other private or public property
or fixtures or to persons in or upon any such Town highway, road,
street, driftway or public place, or which in any way may be caused
by any such removal, or by the presence of such building in a Town
highway, road, street, driftway or public place. The Town Council
may grant a permit for removal to the owner or occupant of any building,
who has made application, as provided in the foregoing section and
has complied with the requirements thereof.
[Ord. 9/18/86]
a. No person shall open any trench, break ground or make any excavation
in any of the Town highways or public places in the Town for the purpose
of laying drains, pipes, wires or for any other purposes whatsoever,
not herein mentioned, without first obtaining from the Town Building
Official a permit. Such permit shall be issued by the Town Building
Official only after:
1. The applicant has filed with the Town Treasurer a performance bond
in a form satisfactory to the Superintendent of Highways in the amount
of $1,000;
2. The applicant has filed with the Town Treasurer an indemnification
agreement to cover such damages or other expenses incurred by the
Town as a result of the work done by the applicant under the permit
issued;
3. The applicant has paid the Town Treasurer a fee of $10 to cover the
expenses of the issuance of the permit.
b. When digging is done in a so-called finished or hard-surfaced street,
the contractor must:
1. Remove and carry away any material removed in the digging process;
2. Must not use the material removed in the digging process as fill
in re-filling the excavation;
3. Must replace the material removed in the excavation by crushed gravel,
tamped down to within three inches of the finished surface of the
street; and
4. Fill the remaining hole with cold mix, so-called, and roll it with
a roller so that the top of the refilled excavation is even with the
surrounding road level.
Within a period of not less than two nor more than three months
after the excavation is filled in accordance with the foregoing paragraph,
the contractor must remove the cold mix, so-called, and replace it
with hot mix, so-called, and seal the patch or excavation with a hot
iron so that the completed operation will result in the patch being
even with the surrounding street level.
When digging in dirt streets or ways or along unpaved or unfinished
shoulders or verges or hard finished streets or ways, all refill must
be tamped down as it is installed so that the finished work will be
brought back to the original height of the street, or to the original
height of the unpaved shoulder or verge of the paved street or way.
No person shall remove any barrier or lantern, which may be
placed by the Town Council or the Superintendent of Highways, or under
their authority or direction, to protect the public from injury while
any highway or public place is being made or repaired, or while any
work or improvement therein is being performed by or for the Town.
No person shall throw, pour, or in any way deposit, place or
cause to be placed any filth, brine, dirt, rubbish, garbage, junk
or other offensive substance of any description whatsoever, on, beside
or within the boundaries of any highway or public place in this Town.
No parade or procession shall occupy or march on any highway
in this Town to the exclusion or interruption of other persons in
their individual rights and the use thereof, except Police and Fire
Departments, the organized militia, the military and naval forces
of the United States, the independent chartered forces, associations
wholly composed of soldiers, sailors or marines honorably discharged
from the service of the United States, veterans of the national guard
or naval militia and organizations of the sons of veterans; unless
application shall be made to the Town Council setting forth the object,
time and route of such parade or procession, and the Town Council
shall have granted permission for such parade or procession to be
held under such conditions as it may prescribe.
Unless another penalty is expressly provided by law, every person
convicted of a violation of any provision of this chapter shall be
punished by a fine of not more than $100 or by imprisonment for not
more than 60 days or by both such fine and imprisonment.
The Chief of Police shall be responsible for the issuance of
Uniform Summons books to individual members of the Police Department.
The Chief of Police shall require a written receipt for every book
so issued and shall maintain a record of every such book and each
set of citations contained therein.
Except when authorized or directed under State law to immediately
take a person before a magistrate for the violation of any traffic
laws, a police officer who halts a person for such violation other
than for the purpose of giving him a warning or warning notice and
does not take such person into custody under arrest, shall take the
name, address, and operator's license number of said person, the registered
number of the motor vehicle involved, and such other pertinent information
as may be necessary, and shall issue to him in writing on a form provided
by the State of Rhode Island a traffic citation containing a notice
to answer to the charge against him.
a. Every police officer upon issuing a traffic citation to an alleged
violator of any provisions of the motor vehicle laws of this State
or of any traffic ordinances of this Town shall deposit the original
and a duplicate copy of the citation with his immediate superior officer,
who shall cause the original to be delivered to the Traffic Court
of this County and the duplicate copy to the central records section
of the Police Department. The second duplicate copy of the citation
shall be retained in the traffic citation book and shall be delivered
by such superior officer.
b. The Chief of Police shall require the return to him of each traffic
citation and all copies thereof, except that copy required to be retained
in the book as provided herein, which has been spoiled or upon which
any entry has been made and has not been issued to an alleged violator.
c. The Chief of Police shall also maintain or cause to be maintained
in connection with every traffic citation issued by a member of the
Police Department a record of the disposition of the charge by the
traffic court of this County or its traffic violations bureau.
d. The Chief of Police shall also maintain or cause to be maintained
a record of all warrants issued by the traffic court of this County
or by any other court on said traffic violation charges and which
are delivered to the Police Department for service, and of the final
disposition of all such warrants.
e. It shall be unlawful and official misconduct for any member of the
Police Department or other officer or public employee to dispose of,
alter, or deface a traffic citation or any copy thereof, or the record
of the issuance or disposition of any traffic citation, complaint,
or warrant, in a manner other than as required in this section.
It shall be unlawful for any person to cancel or solicit the
cancellation of any traffic citation in any manner other than as provided
by this section.
In the event the form of citation provided under subsection
5-17.2 includes information and is sworn to as required under the general laws of this State in respect to a complaint charging commission of the offense alleged in said citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.
It shall be unlawful for any person to violate his written promise
to appear given to an officer upon the issuance of a traffic citation
as originally issued.
Whenever any motor vehicle without driver is found parked or
stopped in violation of any of the restrictions imposed by ordinance
of this Town or by State law, the officer finding such vehicle shall
take its registration number and may take any other information displayed
on the vehicle which may identify its user, and shall conspicuously
affix to such vehicle a traffic citation, for the driver to answer
to the charge against him within 10 days during the hours and at a
place specified in the citation.
If a violator of the restrictions on stopping, standing or parking
under the traffic laws or ordinances does not appear in response to
a traffic citation affixed to such motor vehicle within a period of
10 days, the Chief of Police shall send to the owner of the motor
vehicle to which the traffic citation was affixed a letter informing
him of the violation and warning him that in the event such letter
is disregarded for a period of 10 days a warrant of arrest will be
issued.
a. In any prosecution charging a violation of any law or regulation
governing the standing or parking of a vehicle, proof that the particular
vehicle described in the complaint was parked in violation of any
such law or regulation, together with proof that the defendant named
in the complaint was at the time of such parking the registered owner
of such vehicle, shall constitute in evidence a prima facie presumption
that the registered owner of such vehicle was the person who parked
or placed such vehicle at the point where, and for the time during
which, such violation occurred.
b. The foregoing stated presumption shall apply only when the procedure as prescribed in subsections
5-17.6 and
5-17.7 has been followed.
In the event any person fails to comply with a traffic citation
given to such person or attached to a vehicle or fails to make appearance
pursuant to summons directing an appearance, or if any person fails
or refuses to deposit bail as required and within the time permitted
by ordinance, the Clerk of the Court shall secure and issue a warrant
for his arrest.
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any of
the provisions of this section shall be paid into the Town Treasury.
a. Members of the Police Department are hereby authorized to remove
a vehicle from a street or highway to the nearest garage or other
place of safety, or to a garage designated or maintained by the Police
Department, or otherwise maintained by this Town under the circumstances
hereinafter enumerated.
1. When any vehicle is left unattended upon any bridge, viaduct, or
causeway, or in any tube or tunnel where such vehicle constitutes
an obstruction to traffic.
2. When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the person or persons in charge of the
vehicle are by reason of physical injury incapacitated to such an
extent as to be unable to provide for its custody or removal.
3. When any vehicle is left unattended upon a street and is so parked
illegally as to constitute a definite hazard or obstruction to the
normal movement of traffic.
b. Whenever an officer removes a vehicle from a street as authorized
in this section and the officer knows or is able to ascertain from
the registration records in the vehicle the name and address of the
owner thereof, such officer shall immediately give or cause to be
given notice in writing to such owner of the fact of such removal
and the reasons therefor and of the place to which such vehicle has
been removed. In the event any such vehicle is stored in a public
garage, a copy of such notice shall be given to the proprietor of
such garage.
If any part or parts of this chapter are for any reason held
to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter.
This chapter may be known and cited as the "Chapter
5, Traffic" or the "Traffic Ordinance."