City of Evanston, WY Article I In General

§ 12-1 Definitions.

A. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

AUTHORIZED EMERGENCY VEHICLES

Vehicles of the fire department, fire patrol and police, ambulances and emergency vehicles of municipal departments and public service corporations, private ambulances, wreckers, funeral cars, medical rescue units and auto extraction rescue units shall be emergency vehicles if authorized by the chief of police in writing when the vehicles are located and operated solely within the City.

BUS

Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

BUSINESS DISTRICT

The territory contiguous to and including a street when within any six hundred feet along such street where there are buildings in use for business or industrial purposes, including but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the street.

CONTROLLED ACCESS ROADWAY

Every street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such street or roadway.

CROSSWALK

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a street at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

DRIVER

Every person who drives or is in actual physical control of a vehicle.

EXPLOSIVE

Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

FARM TRACTOR

Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.

FLAMMABLE LIQUID

Any liquid which has a flash point of seventy degrees Fahrenheit or less, as determined by a tagliabue or equivalent closed-cup test device.

INTERSECTION

The area embraced within the prolongation or connection of the lateral curb lines or, if none, the lateral boundary lines of the roadways of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. Where a street includes two roadways thirty feet or more apart, every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two roadways thirty feet or more apart, every crossing of two roadways of such street shall be regarded as a separate intersection.

LANED ROADWAY

A roadway which is divided into two or more clearly marked lanes for vehicular traffic.

MOPED

A vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion by human power, an automatic transmission and a motor with cylinder capacity not exceeding fifty cubic centimeters producing no more than two brake horsepower, which motor is capable of propelling the vehicle at a maximum speed of no more than thirty miles per hour on a level road surface.

MOTORCYCLE

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.

MOTOR-DRIVEN CYCLE

Every motorcycle, including motor scooters but excluding mopeds, with a motor which produces not more than five brake horsepower.

MOTOR VEHICLE

Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

OFFICIAL TRAFFIC CONTROL DEVICES

All signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

OWNER

A person who holds the legal Title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, such conditional vendee or lessee or mortgagor.

PARK

When prohibited, to stand a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

PEDESTRIAN

Any person afoot.

PEDESTRIAN VEHICLE

Any self propelled conveyance designed, manufactured and intended for the exclusive use of persons with a physical disability, but in no case shall any such vehicle exceed forty inches in width, produce in excess of twelve brake horsepower or be capable of developing a speed in excess of twenty-five miles per hour.

PHYSICAL DISABILITY

Any bodily impairment which precludes a person from walking or otherwise moving about easily as a pedestrian.

POLE TRAILER

Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

POLICE OFFICER

Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

PRIVATE ROAD OR DRIVEWAY

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.

RAILROAD

A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

RAILROAD SIGN OR SIGNAL

Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

RAILROAD TRAIN

A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

RESIDENCE DISTRICT

The territory contiguous to and including a street not comprising a business district when the property on such street for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.

RIGHT-OF-WAY

The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

ROAD TRACTOR

Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or as any part of the weight of a vehicle or load so drawn.

ROADWAY

That portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

SAFETY ZONE

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.

SCHOOL BUS

Every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of "Minimum Standards for School Buses" and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.

SEMITRAILER

Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

SIDEWALK

That portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.

STOP

When required, complete cessation from movement.

STOP, STOPPING OR STANDING

When prohibited, any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

STREET OR HIGHWAY

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. "Street" and "highway" shall be construed to be synonymous in constructing this chapter.

THROUGH STREET

Every street or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting streets is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign or other official traffic control device, when such sign or device is properly erected.

TRAFFIC

Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.

TRAFFIC CONTROL SIGNAL

Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

TRAILER

Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight and that of its load rests upon or is carried by another vehicle.

TRUCK

Every motor vehicle designed, used or maintained primarily for the transportation of property.

TRUCK TRACTOR

Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

URBAN DISTRICT

The territory contiguous to and including any public street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

VEHICLE

Every device, in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.

B. Words or phrases used in this chapter and not defined by this section but defined in Wyoming Statutes, 1977, section 31-5-102 shall have the meanings set out in such section.

§ 12-2 Certain provisions of Uniform Act Regulating Traffic on Highways adopted; where copies filed; amendments to adopted material.

[Amended by Ord. No. 81-40; Ord. No. 81-41; Ord. No. 91-14]

A. Wyoming Statutes, 1977, sections 31-5-103, 31-5-115, 31-5-116, 31-5-117, 31-5-211, 31-5-216, 31-5-225, 31-5-304(a), 31-5-401, 31-5-402, 31-5-501, 31-5-506, 31-5-512, 31-5-702, 31-5-901, 31-5-910 through 31-5-939, 31-5-950 through 31-5-960, 31-5-970, 31-5-1001 through 31-5-1003, 31-5-1101 through 31-5-1112, and 31-5-1201 through 31-5-1214, 31-5-1301 through 31-5-1305 are hereby adopted by reference and incorporated into this section as fully as if completely set out herein. One copy of such provisions shall be kept on file in the office of the City clerk, where it shall be available for inspection by the public during the normal office hours of the City clerk.

B. In all actions tried in the municipal court in which the establishment of a prima facie speed limit is to be proven, the testimony of a police officer as to the existence of appropriate signs posted on the street in question shall create a prima facie presumption that such signs were lawfully posted by the City or its officers and based on the determination by the chief of police of a safe and reasonable speed.

C. In section 31-5-501 as adopted above, delete "the Wyoming state highway department" and substitute "the City of Evanston"; delete "resolution or order of the respective commission or board of trustees" and substitute "ordinance."

D. In section 31-5-1101 (b), delete "one (1) year" and substitute "six (6) months"; and delete "five thousand dollars ($5,000.00)" and substitute "seven hundred fifty dollars ($750.00)." Delete section 31-5-1101(c) entirely.

E. In section 31-5-1107 (a), insert "copy of a" before the words "written report"; and insert "police" before the word "department," wherever such appears in such subsection.

F. In section 31-5-1109(a), delete the entire first sentence and substitute the following: "The police department shall upon request supply to individuals forms for accident reports required hereunder, appropriate with respect to the persons required to make such reports and the purpose to be served."

G. In section 31-5-1109(b), insert "police" before the word "department."

H. In section 31-5-1110, delete the entire first sentence.

I. In section 31-5-1112(a), insert "police" before the word "department."

J. In section 31-5-1214(a), delete "every justice of peace or judge of a court" and substitute "the municipal judge."

K. In section 31-5-1214(b), delete "every said justice of peace of the court or clerk of the court of record in which such conviction was had or bail was forfeited" and substitute "the municipal judge."

L. The penalty for a person convicted of Sections 31-5-1102 and 31-5-1104 may be imprisonment for not more than six months or a fine not more than $750, or both

[Added 3-17-2020 by Ord. No. 20-05]

§ 12-3 Applicability of chapter to vehicles of state, municipalities, etc.

A. The provisions of this chapter applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles owned and operated by the United States, the state or any county, City, town or other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles.

B. Unless specifically made applicable, the provisions of this chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon a street but shall apply to such persons and vehicles when traveling to or from such work.

§ 12-4 Applicability of chapter to persons riding animals, etc.

Every person riding an animal or driving an animal drawn vehicle upon a roadway shall be granted all the rights and shall be subject to all of the duties applicable to a driver of a vehicle by this chapter, except those provisions of this chapter which, by their very nature, can have no applicability.

§ 12-5 Obedience to police.

No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.

§ 12-6 Rights of owners of real property not abridged by chapter.

Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use or from requiring other or different or additional conditions than those specified in this chapter, or otherwise regulating such use as may seem best to such owner.

§ 12-7 Depositing glass, nails, etc., on street.

A. No person shall throw or deposit upon any street any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street.

B. Any person who drops, or permits to be dropped or thrown, upon any street any destructive or injurious material shall immediately remove such material or cause it to be removed.

C. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle.

§ 12-8 Clinging to vehicles.

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.