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Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
A. 
Where no special hazard exists that requires lower speed for compliance with § 238-10, the speed of any vehicle not in excess of the limits specified in this section or established as hereinafter authorized shall be lawful, but any speed in excess of the limits specified in this section or established as hereinafter authorized shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1) 
In any business or residence district: 25 miles per hour.
(2) 
In other locations during the daytime: 50 miles per hour.
(3) 
In such other locations during the nighttime: 45 miles per hour.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
In the area within 300 feet of any schoolhouse grounds entrances and exits during the daytime during the days when schools shall be open: 20 miles per hour. The provisions of this Subsection A(4) shall not apply except when appropriate warning signs are posted in proximity with the boundaries of the area within 300 feet of such schoolhouse grounds, entrances and exits.
(5) 
Reduced speed limit to 20 miles per hour, posted with proper signage specific to Avondale Road from the northern intersection with Watch Hill Road to a point approximately 250 yards North of Champlin Road (at a right angle turn in the road). This speed limit restriction should also apply to the entire length of India Point Road.
[Added 8-12-2003 by Ch. No. 1460]
(6) 
Reduced speed limit to 15 miles per hour for Canal Street from Railroad Avenue to High Street, and posted with proper signage.
[Added 6-20-2016 by Ch. No. 1864; amended 6-18-2018 by Ch. No. 1919]
(7) 
Reduced speed limit to 20 miles per hour for Clark Street from Beach Street to Margin Street, and posted with proper signage.
[Added 9-18-2017 by Ch. No. 1898]
(8) 
Reduced speed limit to 20 miles per hour for Margin Street from Beach Street to Clark Street, and posted with proper signage.
[Added 9-18-2017 by Ch. No. 1898]
(9) 
Reduced speed limit to 15 miles per hour for High Street from its intersection with Broad Street to its intersection with Grove Avenue and posted with proper signage.
[Added 6-18-2018 by Ch. No. 1919]
(10) 
Reduced speed limit to 20 miles per hour for Wawaloam Drive, Knowles Avenue, Spray Rock Road, Winona Avenue, Fenway Road, Waxcadowa Avenue, and Noyes Neck Road south of Williams Avenue, and posted with proper signage.
[Added 7-8-2019 by Ch. No. 1967]
B. 
Daytime means from one-half hour before sunrise to one-half hour after sunset. Nighttime means at any other hour.
[Amended 5-23-2011 by Ch. No. 1750; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The driver of every vehicle shall, consistent with the requirements of § 238-10, drive at an appropriate reduced speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions, and in the presence of emergency vehicles displaying flashing lights as provided in RIGL 31-24-31, tow trucks, transporter trucks, highway maintenance equipment displaying flashing lights (while performing maintenance operations), and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle.
B. 
When an authorized vehicle as described in Subsection A is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe, and when not otherwise directed by an individual lawfully directing traffic, do one of the following:
(1) 
Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This subsection applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
(2) 
Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed until completely past the authorized emergency vehicle. This subsection applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.
Whenever the Town Council determines, upon the basis of an engineering and traffic investigation, that the prima facie speed permitted under § 238-11 at any intersection or local street within a business or residence district is greater than is reasonable or safe under the conditions found to exist at such intersection or local street within business or residence districts, the Town Council, subject to RIGL 31-14-8 regarding limits on state highways and extensions thereof, shall determine and declare a reasonable and safe prima facie speed limit thereat, which shall be effective at all times or during hours of daylight or darkness or at such other times as may be determined when appropriate signs giving notice thereof are erected at such intersection or local street within a business or residence district or upon the approaches thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Council of this Town may, in its discretion, but subject to RIGL 31-14-8 regarding limits on state highways and extensions thereof, authorize by ordinance higher prima facie speeds than those stated in § 238-11 upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections, which higher prima facie speed shall be effective at all times or during hours of daylight or at such other times as may be determined when signs are erected giving notice of the authorized speed, but the Town Council shall not have authority to modify or alter the basic rule set forth in RIGL 31-14-1 or in any event to authorize a speed in excess of 50 miles per hour during the daytime or 45 miles per hour during nighttime.
Whenever the Town Council of this Town determines, upon the basis of an engineering and traffic investigation that the prima facie speed permitted under § 238-11 upon any street or highway outside a business or residence district is greater than is reasonable or safe under the conditions found to exist upon such street or highway, the Town Council may determine and declare a reasonable and safe prima facie limit thereon but in no event less than 35 miles per hour and subject to RIGL 31-14-8 regarding limits on state highways and extensions thereof, which reduced prima facie limit shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway.