[Ord. No. 527, § 4, 11-23-1976; Ord. No. 696, 6-23-1987]
(a)
It shall be unlawful for any person to operate upon a street or highway
or in an area used principally for public parking a motor vehicle
of a type required to be registered under the laws of this state with
a weight of 7,000 pounds (3,175.14 kilograms) or less with alterations
or changes from the manufacturer's original design of the suspension,
steering, or braking system of the motor vehicle. The weight must
be computed on the basis of the unmodified and unloaded weight of
the motor vehicle, and without regard to any ballast that may be placed
in the vehicle. As to bumpers, motor vehicle height, and permitted
modifications, the following requirements also apply:
(1)
The motor vehicle must be equipped with front and rear bumpers.
(2)
The maximum body height permitted for the motor vehicle is 42
inches (106.68 centimeters). Measurement of body height is made from
a level ground surface to the floor of the cargo area.
(3)
The maximum bumper height permitted is 27 inches (68.58 centimeters).
Measurement of bumper height is made from a level ground surface to
the highest point on the bottom of the bumper.
(4)
The vehicle may be modified in accordance with the following:
a.
Any modifying equipment must meet specialty equipment marketing
association standards.
b.
If tires placed on a motor vehicle have a diameter greater than
that of the tires on the motor vehicle as manufactured, those tires
must comply with department of transportation requirements.
c.
The maximum outside diameter permitted for tires is 44 inches
(111.76 centimeters).
d.
A horizontal drop bumper may be used to comply with the bumper
height requirement of paragraph 3. The horizontal bumper must:
e.
The maximum lift permitted in the suspension system is four
inches (10.16 centimeters).
(5)
A person charged with violating this section has the burden
of proceeding to show that the modifications are permitted under this
section.
(6)
Vehicles owned by law enforcement agencies, the military, fire
fighting agencies, and ambulances, may be modified without regard
to this section.
[Ord. No. 527, § 4, 11-23-1976; Ord. No. 869, 8-12-2003]
(a)
Every motor vehicle shall at all times be equipped with a muffler
in good working order and in constant operation to prevent excessive
or unusual noise and annoying smoke, and no person shall use a muffler
cut-out, bypass or similar device upon a motor vehicle on a street
or highway or in an area used principally for public parking within
the City.
(b)
The engine and power mechanism of every motor vehicle shall be so
equipped and adjusted as to prevent the escape of excessive fumes
or smoke.
(c)
No motor vehicle shall activate an engine brake which increases the
usual and customary noise from the vehicle's exhaust upon a street
or highway within the City or its jurisdictional limits when the use
or activation of such an engine brake is prohibited by a sign in an
area designated by the director of public works.
(d)
Any person convicted of violating the provisions of this section
shall be assessed a fee of up to $20.
[Ord. No. 527, § 4, 11-23-1976]
(a)
It shall be unlawful for any person to drive or park on any of the
streets, alleys, public property or public parking places in the City
any vehicle equipped with or having therein a radio receiving set
which is tuned to receive signals transmitted on VHF bands assigned
by the Federal Communications Commission for police emergency purposes;
provided, however, that nothing in this section shall apply to any
vehicle owned or operated by the federal government or any city, town,
county or political subdivision of any state or to any vehicle authorized
by the laws of the State of North Dakota or authorized by the chief
of police subject to the approval of the Board of City Commissioners
to be equipped with radio receivers operating on assigned police frequencies.
(b)
Any person convicted of violating the provisions of this section
shall be punished by a fine of up to $500 or a jail sentence of up
to 30 days or both.
Former § 10-101, Fleeing or eluding an officer's signal,
previously codified herein and containing portions of Ordinance No.
527, was repealed in its entirety by Ordinance No. 918.
[Ord. No. 521, § 9-18, 7-27-1976]
The driver of a vehicle about to enter or cross a roadway from
any place other than another roadway shall yield the right-of-way
to all vehicles approaching on the roadway to be entered or crossed.
[Ord. No. 521, § 9-6, 7-27-1976]
(a)
Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows;
(1)
When overtaking and passing another vehicle proceeding in the
same direction under the rules governing such movement;
(2)
When an obstruction exists making it necessary to drive to the
left of the center of the highway; provided, any person so doing shall
yield the right-of-way to all vehicles traveling in the proper direction
upon the unobstructed portion of the highway within such distance
as to constitute an immediate hazard;
(3)
Upon a roadway divided into three marked lanes for traffic under
the rules applicable thereon; or
(4)
Upon a roadway restricted to one way traffic.
(b)
Upon all roadways any vehicle proceeding at less than the normal
speed of traffic at the time and place and under the conditions then
existing shall be driven in the right-hand lane then available for
traffic, or as close as practicable to the right-hand curb or edge
of the roadway, except when overtaking and passing another vehicle
proceeding in the same direction or when preparing for a left turn
in an intersection or into a private road or driveway.
(c)
Upon any roadway having four or more lanes for moving traffic and providing for two way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted under Subdivision (2) of Subsection (a) hereof. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
[Ord. No. 521, § 9-7, 7-27-1976]
Drivers of vehicles proceeding in opposite directions shall
pass each other to the right, and upon roadways having width for not
more than one line of traffic in each direction each driver shall
give to the other at least 1/2 of the main-traveled portion of the
roadway as nearly as possible.
[Ord. No. 521, § 9-19, 7-27-1976; Ord. No. 783, 8-8-1995]
(a)
When two vehicles approach or enter an intersection not controlled
by an official traffic-control device from different highways at approximately
the same time, the driver of the vehicle on the left shall yield the
right-of-way to the vehicle on the right. If the intersection is T-shaped
and not controlled by an official traffic-control device, the driver
of the vehicle on the terminating street or highway shall yield to
the vehicle on the continuing street or highway.
(b)
The right-of-way rule declared in this section is modified at through
highways and otherwise as stated in this chapter.
[Ord. No. 521, § 9-8, 2-27-1976]
(a)
The following rules shall govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions
and special rules stated in this chapter:
(1)
The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance
and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.
(2)
Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in
favor of the overtaking vehicle on audible signal and shall not increase
the speed of his vehicle until completely passed by the overtaking
vehicle.
[Ord. No. 521, § 9-10, 7-27-1976]
No vehicle shall be driven to the left side of the center of
the roadway in overtaking and passing another vehicle proceeding in
the same direction unless such left side is clearly visible and is
free of oncoming traffic for a sufficient distance ahead to permit
such overtaking and passing to be completely made without interfering
with the operation of any vehicle approaching from the opposite direction
or any vehicle overtaken. In every event the overtaking vehicle must
return to an authorized lane of travel as soon as practicable, and
in the event the passing movement involves the use of a lane authorized
for vehicles approaching from the opposite direction, before coming
within 200 feet of any approaching vehicle.
[Ord. No. 521, § 9-20, 7-27-1976]
The driver of a vehicle meeting or overtaking from either direction
any school bus stopped on the highway shall stop the vehicle before
reaching such school bus when there are in operation on said school
bus the flashing red lights specified in N.D.C.C. § 39-21-18,
and said driver shall not proceed until such school bus resumes motion
or he is signaled by the school bus driver to proceed or the flashing
red lights are no longer actuated.
[Ord. No. 521, § 9-20, 7-27-1976]
Every school bus shall bear upon the front and rear thereof
plainly visible signs containing the words "SCHOOL BUS" in letters
not less than eight inches in height. When a school bus is being operated
upon a highway for purposes other than the actual transportation of
children either to or from school or for a school sanctioned activity,
all markings thereon indicating "SCHOOL BUS" shall be covered or concealed.
[Ord. No. 521, § 9-20, 7-27-1976]
(a)
Every school bus shall be equipped with red visual signals meeting
the requirements of N.D.C.C. § 39-21-18, which may be actuated
by the driver of said school bus whenever, but only whenever, such
vehicle is stopped on the highway for the purpose of receiving or
discharging school children. A school bus driver shall not actuate
said special visual signals:
(1)
On City streets on which the receiving or discharging of school
children is prohibited by ordinance;
(2)
At intersections or other places where traffic is controlled
by traffic-control signals or police officers; or
(3)
In designated school bus loading areas where the bus is entirely
off the roadway.
[Ord. No. 521, § 9-20, 7-27-1976]
The driver of a vehicle upon a highway with separate roadways
need not stop upon meeting or passing a school bus which is on a different
roadway or when upon a controlled-access highway and the school bus
is stopped in a loading zone which is a part of or adjacent to such
highway and where pedestrians are not permitted to cross the roadway.
[Ord. No. 521, § 9-9, 7-27-1976]
(a)
The driver of a vehicle may overtake and pass upon the right of another
vehicle only under the following conditions:
(b)
The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety.
Such movement shall not be made by driving off the roadway.
[Ord. No. 521, § 9-11, 7-27-1976]
(a)
No vehicle shall be driven to the left side of the roadway under
the following conditions:
(1)
When approaching or upon the crest of a grade or a curve in
the highway where the driver's view is obstructed within such distance
as to create a hazard in the event another vehicle might approach
from the opposite direction;
(2)
When approaching within 100 feet of or traversing any intersection
or railroad grade crossing; or
(3)
When the view is obstructed upon approaching within 100 feet
of any bridge, viaduct or tunnel.
[Ord. No. 521, § 9-11, 7-27-1976]
The limitations provided in the preceding section shall not apply upon a one-way roadway, nor under the conditions described in § 10-103, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
[Ord. No. 521, § 9-12, 7-27-1976]
(a)
The state highway commissioner and local authorities are hereby authorized
to determine those portions of any highway under their respective
jurisdictions where overtaking and passing or driving on the left
side of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of
such zones and when such signs or markings are in place and clearly
visible to an ordinarily observant person, every driver of a vehicle
shall obey the directions thereof.
(b)
Where signs or markings are in place to define a no-passing zone as set forth in Subsection (a), no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
[Ord. No. 521, § 9-13, 7-27-1976]
(a)
Whenever any roadway has been divided into two or more clearly marked
lanes for traffic, the following rules in addition to all others consistent
herewith shall apply:
(1)
A vehicle shall be driven as nearly as practicable entirely
within a single lane and shall not be moved from such lane until the
driver has first ascertained that such movement can be made with safety.
(2)
Upon a roadway which is divided into three lanes and provides
for two way traffic, a vehicle shall not be driven in the center lane
except when overtaking and passing another vehicle traveling in the
same direction when such center lane is clear of traffic within a
safe distance, or in preparation for making a left turn or where such
center lane is at the time allocated exclusively to traffic moving
in the same direction that the vehicle is proceeding and such allocation
is designated by official traffic-control devices.
(3)
Official traffic-control devices may be erected directing specified
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of the
center of the roadway, and drivers of vehicles shall obey the directions
of every such device.
(4)
Official traffic-control devices may be installed prohibiting
the changing of lanes on sections of roadway and drivers of vehicles
shall obey the directions of every such device.
[Ord. No. 521, § 9-15, 7-27-1976]
Whenever any highway has been divided into two or more roadways
by leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular traffic,
every vehicle shall be driven only upon the right-hand roadway, unless
directed or permitted to use another roadway by official traffic-control
devices or police officers. No vehicle shall be driven over, across
or within any such dividing space, barrier or section, except through
an opening in such physical barrier or dividing section or space or
at a crossover or intersection as established by public authority,
unless such crossing is specifically prohibited and such prohibition
is indicated by appropriate traffic-control devices.
[Ord. No. 521, § 9-16, 7-27-1976]
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.
[Ord. No. 521, § 9-17, 7-27-1976]
(a)
The state highway commissioner may by order, and the City may by
ordinance, with respect to any controlled-access roadway under their
respective jurisdictions, prohibit the use of any such roadway by
pedestrians, bicycles or other nonmotorized traffic or by any person
operating a motor-driven cycle.
(b)
The state highway commissioner or the City, as the case may be, shall
erect and maintain official signs on the controlled-access roadway
on which such regulations are applicable and when so erected no person
shall disobey the restrictions stated on such signs.
[Ord. No. 521, § 9-22, 7-27-1976]
The driver of a vehicle shall not back the same unless such
movement can be made with safety and without interfering with other
traffic.
[Ord. No. 521, § 9-23, 7-27-1976]
(a)
No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such a number of persons, exceeding three, as
to obstruct the view of the driver to the front or sides of the vehicle
or as to interfere with the driver's control over the driving mechanism
of the vehicle.
(b)
No passenger in a vehicle shall ride in such position as to interfere
with the driver's view ahead or to the sides, or to interfere with
his control over the driving mechanism of the vehicle.
[Ord. No. 521, § 9-24, 7-27-1976]
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 and can be done without interfering with the movement of
other traffic, nor shall any person leave a door open on the side
of a vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
[Ord. No. 521, § 9-25, 7-27-1976]
[Ord. No. 521, § 9-14, 7-27-1976]
(a)
The driver of a motor vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the
highway;
(b)
The driver of any truck or motor vehicle drawing another vehicle
when traveling upon a roadway outside of a business or residence district
and which is following another truck or motor vehicle drawing another
vehicle shall, whenever conditions permit, leave sufficient space
so that an overtaking vehicle may enter and occupy such space without
danger, except that this shall not prevent a truck or motor vehicle
drawing another vehicle from overtaking and passing any vehicle or
combination of vehicles; and
(c)
Motor vehicles being driven upon any roadway outside of a business
or residence district in a caravan or motorcade, whether or not towing
other vehicles, shall be so operated as to allow sufficient space
between each such vehicle or combination of vehicles so as to enable
any other vehicle to enter and occupy such space without danger. This
provision shall not apply to funeral processions.
[Ord. No. 521, § 9-26, 7-27-1976]
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 stop such vehicle within 500 feet of
any fire apparatus stopped in answer to a fire alarm.
[Ord. No. 521, § 9-27, 7-27-1976]
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street, private road or driveway
to be used at any fire or alarm of fire, without the consent of the
fire department official in command.
[Ord. No. 521, § 9-29, 7-27-1976]
No vehicle shall at any time be driven through or within a safety
zone.
[Ord. No. 521, § 9-5, 7-27-1976; Ord. No. 588, 11-24-1981]
(a)
Enforcement. Nothing contained in this article shall prohibit the
authority of any officer to arrest a person engaged in any act or
activity granted a permit under this article, if the conduct of such
person violates the laws of the state, provisions of this Code or
ordinances of this City, or unreasonably obstructs the public streets
and sidewalks of this City, or engages in acts that cause, or would
tend to cause, a breach of the peace.
(b)
Permit required. It shall be unlawful for any person to organize
or hold or participate in any parade, meeting, assembly or procession
of persons and/or vehicles on the streets or sidewalks of this City
unless such activity shall have first been authorized by a written
permit therefor. This requirement shall not apply to funeral processions
or processions consisting of the forces of the police or fire departments
of the City of Williston.
(c)
Application for permit. Any person desiring a permit required by
the provisions of this article shall make application therefor to
the chief of police. The application shall be made in writing on a
form approved by the chief of police.
(d)
Matters considered in determining issuance of permit. In deciding
whether to issue a permit under the provisions of this article, the
chief of police shall consider:
(1)
Number of persons to participate;
(2)
Anticipated traffic conditions at the time and date proposed
for the activity;
(3)
Schedule of other similar activities for which permits may have
been issued;
(4)
Adequacy of adult supervision for any minors scheduled to participate;
(5)
Availability of City personnel whose presence on duty may be
required by the activity and by the necessity to protect the general
public;
(6)
Adequacy of public facilities in the location proposed for the
activity to accommodate the proposed activity and the normal public
use of public facilities in the proposed location.
(e)
Issuance. The permit required by the provisions of this article shall
be issued by the chief of police upon application therefor; provided
however, that such permit may be denied or refused if it shall appear
that the applicant therefor or the act or activity requested by such
application shall be violative of any applicable provision of this
Code, state law or City ordinance. Upon denial by the chief of police
of an application made pursuant to paragraph (c) of this ordinance,
the applicant may appeal from the determination of the chief of police
within 10 days thereafter to the Williston City Commission by filing
a written notice of appeal for hearing by the City Commission at its
next meeting. Upon such appeal, the City Commission may reverse, affirm
or modify in any regard the determination of the chief of police.
(f)
Deviation from permit. It shall be unlawful for any person participating
in any act or activity for which a permit has been granted under the
provisions of this article to deviate from or alter any of the terms
or contents of such permit.
(g)
Display of permit. Every person having a permit issued under the
provisions of this article shall have such permit in his possession
during the activity permitted thereby, and shall display such permit
upon the request of any law enforcement officer.
(h)
Revocation of permit. Any permit issued under the provisions of this
article may be revoked by the chief of police for the violation by
the permittee of any applicable provision of this Code, state law
or City ordinance.
(i)
Penalty. Any person, firm or corporation violating any provision
of this ordinance shall be subject to a fine of up to $500, a jail
sentence of up to 30 days, or both such fine and such jail sentence.
A separate offense shall be deemed committed for each violation of
this ordinance.
[Ord. No. 521, §§ 2
— 9, 9-4, 7-27-1976]
A funeral composed of a procession of vehicles shall be identified
as such by headlights burning in daylight hours on all vehicles in
the procession, or by a pennant or such other identifying insignia
as may be determined and designated by the chief of police.
[Ord. No. 521, § 9-3, 7-27-1976]
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.
[Ord. No. 521, § 9-1, 7-27-1976]
No driver of a vehicle (or motorman of a streetcar) 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.
[Ord. No. 521, § 9-1, 7-27-1976]
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.
[Ord. No. 521, § 9-30, 7-27-1976]
(a)
No person shall operate or move any crawler-type tractor, steam shovel,
derrick, roller or any equipment or structure having a normal operating
speed of 10 or less miles per hour or a vertical body or load clearance
of less than one-half inch per foot of the distance between any two
adjacent axles or in any event of less than nine inches, measured
above the level surface of a roadway, upon or across any tracks at
a railroad grade crossing without first complying with this section.
(b)
Before making any such crossing, the person operating or moving any
such vehicle or equipment shall first stop the same not less than
15 feet nor more than 50 feet from the nearest rail of such railroad
and while so stopped shall listen and look in both directions along
such track for any approaching train and for signals indicating the
approach of a train, and shall not proceed until the crossing can
be made safely.
(c)
No such crossing shall be made when warning is given by automatic
signal or crossing gates or a flagman or otherwise of the immediate
approach of a railroad train or car. If a flagman is provided by the
railroad, movement over the crossing shall be under his direction.
[Ord. No. 521, § 9-31, 7-27-1976]
Any person altering a motor vehicle odometer or other mileage
recorder, hour meter on tachometer or other hour recorder for the
purpose of deceiving another, shall be guilty of an infraction.
[Ord. No. 521, § 9-32, 7-27-1976; Ord. 653, 8-27-1985]
No person shall drink or consume alcoholic beverages, as defined
in the North Dakota Century Code, in or on any motor vehicle when
such vehicle is upon a public highway or in an area used principally
for public parking. No person shall have in his possession on his
person while in or on a private motor vehicle upon a public highway
or in an area used principally for public parking, any bottle or receptacle
containing such alcoholic beverages which has been opened, or the
seal broken, or the contents of which have been partially removed.
It shall be unlawful for the owner of any private motor vehicle or
the driver, if the owner is not then present in or on the motor vehicle,
to keep or allow to be kept in a motor vehicle when such vehicle is
upon the public highway or in an area used principally for public
parking any bottle or receptacle containing such alcoholic beverages
which has been opened, or the seal broken, or the contents of which
have been partially removed except when such bottle or receptacle
shall be kept in the trunk of the motor vehicle when such vehicle
is equipped with a trunk, or kept in some other area of the vehicle
not normally occupied by the driver or passengers, if the motor vehicle
is not equipped with a trunk. A utility compartment or glove compartment
shall be deemed to be within the area occupied by the driver and passengers.
The provisions of this section shall not prohibit the consumption
or possession of alcoholic beverages in a house car, as defined by
Subsection 21.1 of N.D.C.C. § 39-01-01, if the consumption
or possession occurs in the area of the house car used as sleeping
or living quarters and that area is separated from the driving compartment
by a solid partition, door, curtain or some similar means of separation;
however, consumption is not authorized while the house car is in motion.
Any person violating the provisions of this section shall be assessed
a fee of $50; however, the licensing authority shall not record the
violation against the driving record of such person unless he was
the driver of the automobile at the time that the violation occurred.
[Ord. No. 521, § 9-34, 7-27-1976]
No person shall authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by
any person who is not authorized under the laws of this state.
[Ord. No. 521, § 9-33, 7-27-1976]
No person shall cause or knowingly permit his child or ward
under the age of 18 years to drive a motor vehicle upon any highway
when such minor is not authorized under the laws of this state to
drive.
[Ord. No. 521, § 9-21, 7-27-1976]
No person driving or in charge of a motor vehicle shall permit
it to stand unattended without first stopping the engine, effectively
setting the brake thereon and, when standing upon any grade, turning
the front wheels to the curb or side of the highway.
[Ord. No. 707, 12-8-1987; Ord. No. 735, 2-26-1991; Ord. No. 919, 4-14-2009]
(a)
Every motor vehicle must be equipped with a windshield. No person
may drive any motor vehicle with any sign, poster, or other nontransparent
material upon the front windshield, side wings, or side or rear windows
which obstructs the driver's clear view of the highway or any intersecting
highway.
(b)
The windshield on every motor vehicle must be equipped with a device
for cleaning rain, snow, or other moisture from the windshield, which
must be so constructed as to be controlled or operated by the driver
of the vehicle.
(c)
Every windshield wiper upon a motor vehicle must be maintained in
good working order.
(d)
A person may not operate a motor vehicle with any object, material,
or tinting displayed, affixed, or applied on the front windshield
or any window unless the object, material, or tinting in conjunction
with the windshield upon which it is displayed, affixed, or applied
has a light transmittance of at least 70% or the object, material,
or tinting in conjunction with a window other than the windshield
on which it is displayed, affixed, or applied has a light transmittance
of at least 50%. This subsection does not apply to windows behind
the operator if the motor vehicle is equipped with outside mirrors
on both sides that meet the requirements of N.D.C.C. § 39-21-1938.
[Ord. No. 796, §§ 1,
2, 2-25-1997]
(a)
The driver of the vehicle shall yield the right-of-way to any authorized
vehicle or pedestrian actually engaged in work upon a street, road,
or alleyway within any construction or maintenance area indicated
by official traffic control devices.
(b)
The driver of the vehicle shall yield the right-of-way to any authorized
vehicle obviously and actually working on a City street, road, or
alleyway wherever such vehicle displays flashing lights.
[Ord. No. 1057, 6-13-2017]
(1)
The operator of a motor vehicle that is part of traffic may not use
a wireless communications device to compose, read, or send an electronic
message.
(2)
Under this section:
a.
Electronic message means a self-contained piece of digital communication
that is designed or intended to be transmitted between physical devices.
The term includes electronic mail, a text message, an instant message,
a command or request to access a worldwide web page, or other data
that uses a commonly recognized electronic communications protocol.
The term does not include:
1.
Reading, selecting, or entering a telephone number, an extension
number, or voice mail retrieval codes and commands into an electronic
device for the purpose of initiating or receiving a telephone or cellular
phone call or using voice commands to initiate or receive a telephone
or cellular phone call;
2.
Inputting, selecting, or reading information on a global positioning
system device or other navigation system device;
3.
Using a device capable of performing multiple functions, such
as fleet management systems, dispatching devices, smartphones, citizen
band radios, music players, or similar devices, for a purpose that
is not otherwise prohibited;
4.
Voice or other data transmitted as a result of making a telephone
or cellular phone call; or
5.
Data transmitted automatically by a wireless communication device
without direct initiation by an individual.
b.
Traffic means operation of a motor vehicle while in motion or for
the purposes of travel on any street or highway and includes a temporary
stop or halt of motion, such as at an official traffic-control signal
or sign. The term does not include a motor vehicle that is lawfully
parked.
(3)
This section does not apply if a wireless communications device is
used for obtaining emergency assistance to report a traffic accident,
medical emergency, or serious traffic hazard or to prevent a crime
about to be committed, in the reasonable belief that an individual's
life or safety is in immediate danger, or in an authorized emergency
vehicle while in the performance of official duties.
(4)
An individual at least 16 and under 18 years of age who has been
issued a Class D license may not operate an electronic communication
device to talk, compose, read, or send an electronic message while
operating a motor vehicle that is in motion unless the sole purpose
of operating the device is to obtain emergency assistance, to prevent
a crime about to be committed, or in the reasonable belief that an
individual's life or safety is in danger.
(5)
The fee for violation of this section is $100.
[Ord. No. 1047, 4-11-2017; Ord. No. 1077, 2-27-2018]
1.
Every motor vehicle must be equipped with at least two headlamps
with at least one on each side of the front of the motor vehicle,
which headlamps must comply with the requirements and limitations
set forth.
2.
Every headlamp upon every motor vehicle must be located at a height
measured from the center of the headlamp of not more than 54 inches
[137.16 centimeters] nor less than 24 inches [60.96 centimeters] to
be measured as set forth in Subsection 2 of Subsection 3.
3.
Visibility distance and mounted height of lamps:
a.
Whenever requirement is hereinafter declared as to distance from
which certain lamps and devices must render objects visible or within
which such lamps or devices must be visible, said provisions apply
during the times stated in City or state code in respect to a vehicle
without load when upon a straight, level, unlighted highway under
normal atmospheric conditions unless a different time or condition
is expressly stated.
b.
Whenever requirement is hereinafter declared as to the mounted height
of lamps or devices it means from the center of such lamp or device
to the level ground upon which the vehicle stands when such vehicle
is without a load.
4.
Every motor vehicle, trailer, semitrailer and pole trailer, and any
other vehicle which is being drawn at the end of a train of vehicles,
must be equipped with at least one taillamp mounted on the rear, which,
when lighted as hereinbefore required, must emit a red light plainly
visible from a distance of 100 feet [304.8 meters] to the rear, provided
that in the case of a train of vehicles only the taillamp on the rearmost
vehicle need actually be seen from the distance specified. Every such
above-mentioned vehicle, other than a truck tractor, registered in
this state and manufactured or assembled after January 1, 1964, must
be equipped with at least two taillamps mounted on the rear, on the
same level and as widely spaced laterally as practicable, which, when
lighted as herein required, comply with the provisions of this section.
5.
Every taillamp upon every vehicle must be located at a height of
not more than 72 inches [182.88 centimeters] nor less than 15 inches
[38.1 centimeters].
6.
Either a taillamp or a separate lamp must be so constructed and placed
as to illuminate with a white light the rear registration plate and
render it clearly legible from a distance of 50 feet [15.24 meters]
to the rear. Any taillamp or taillamps, together with any separate
lamp for illuminating the rear registration plate, must be so wired
as to be lighted whenever the headlamps or auxiliary driving lamps
are lighted.
