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Law and Order Code of the Fort McDowell Yavapai Community, Arizona

Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]

CHAPTER 16 - TRAFFIC AND MOTOR VEHICLES

 


Art. I. In General, § 16-1 - 16-30


Art. II. Registration, Licensing and Inspection, §§ 16-31 - 16-50

Art. III. Equipment, §§ 16-51 - 16-100

Div. 1. Generally, §§ 16-51 - 16-70

Div. 2. Lights, Lamps, Reflectors and Illuminating Devises, §§ 16-71 - 16-100
Art. IV. Size, Weight and Load, §§ 16-101 - 16-120

Art. V. Traffic-control Devices, §§ 16-121 - 16-140

Art. VI. Operation of Vehicles, §§ 16-141 - 16-240
Div. 1. Generally, §§ 16-141 - 16-170

Div. 2. Right-of-Way and Passing, §§ 16-171--16-190


Div. 3. Stopping, Standing and Parking, §§ 16-191-16-210

Div. 4. Speed Restrictions, §§ 16-211--16-230

Div. 5. Driving While Intoxicated; Reckless Driving, §§ 16-231--16-240
Art. VII. Accidents, §§ 16-241 - 16-260

Art. VIII. Procedure in Criminal Cases, § 16-261 - 16-280


Art. IX. Pedestrians' Rights and Duties, §§ 16-281 - 16-290


Art. X. Abandoned and Seized Vehicles, §16-291 - 16-300


Art. XI. Bicycles and Play Vehicles, §§ 16-301 - 16-307





ARTICLE I. IN GENERAL

Sec. 16-1. DEFINITIONS.


As used in this chapter, the following terms shall have the meanings herein ascribed to them, unless the context requires otherwise.

COMMISSION means the Fort McDowell Yavapai Indian Community police Commission.

CONTROLLED-ACCESS HIGHWAY
means highway, street or roadway in respect to which owners or occupants of abutting lands and other persons had no legal right of access to or from, except at such points only and in the manner determined by the community council.

COUNCIL
means Fort McDowell Yavapai Indian Community as the governing body of the Fort McDowell Yavapai Indian Community.

COURT means the community court.

CROSSWALK
means:
  1. That part of a roadway at an intersection included within the connections at the lateral lines of the sidewalks on opposite at the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.

  2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
DAYTIME means from half an hour before sunrise to a half-hour after sunset. Nighttime means at any other hour.

EXPLOSIVES means any chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and containing any oxidizing or combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or 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.

FLAMMABLE LIQUID
means any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.

GROSS WEIGHT
means 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 (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway included two (2) roadways thirty (30) or more feet apart, then every crossing of two (2) roadways of the highways shall be regarded as a separate intersection.

JUDGE
means a judge of the community court or other judicial officer authorized by the community constitution or an ordinance of the community council.

LANE ROADWAY
means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

METAL TIRE
means a tire the surface of which in contact with the highway, is wholly or partly of metal or other hard, non-resilient material.

OFFICIAL TRAFFIC-CONTROL DEVICES means 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.

PARK
when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

POLICE OFFICER means an officer authorized to direct or regulate traffic or make arrests for violations of traffic regulations.

PRIVATE ROAD OR DRIVEWAY
means a 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
means a carrier of persons or properly upon cars operated upon stationary rails.

RAILROAD SIGN OR SIGNAL
means a sign, signal or device erected by authority of a public body of officials or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

RAILROAD TRAIN means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

RESERVATION means the Fort McDowell Yavapai Indian Community.

ROADWAY
means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two (2) or more separate roadways, the word "roadway" as used in this chapter shall refer to any such roadway separately but not to all such roadways collectively.

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

STOP
, when required, means complete cessation from movement.

STOP, STOPPING, OR STANDING
, when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic-control sign or signal.

THROUGH HIGHWAY
means a highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and stop signs are erected as provided in this chapter.

TRAFFIC
means pedestrians, ridden or herded animals, vehicles, an other conveyances either singly or together while using any highway for purposes of travel.

TRAFFIC-CONTROL SIGNAL
means a device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

TRUCK means every motor vehicle designed, used or maintained primarily for the transportation of property.


Sec. 16-2. VIOLATION OF CHAPTER; PENALTIES.

  1. Misdemeanor. It is a misdemeanor for a person to violate any of the provisions of this chapter unless the violation is declared to be a federal violation by federal law.

  2. Fines, imprisonments. A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction thereof be punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not more than ten (10) days. For a second conviction within one year thereafter, the person shall be punished by a fine of not more than two hundred dollars ($200.00), by imprisonment for not more than twenty (20) days, or both. Upon a third or subsequent conviction within one year after the last conviction, the person shall be punished by a fine of not more than three hundred dollars ($300.00), by imprisonment for not more than six (6) months or both.

  3. Excess vehicle weight - fines. A person convicted of violating any provision of 16-110 or 16-111 shall be punished by a fine, the maximum of which shall be three hundred dollars ($300.00) and the minimum of which shall be set forth in the following table:

    If the excess weight is: The minimum fine shall be:
    1,000 to 1,500 pounds
    $ 30.00
    1,501 to 2,000 pounds
    $ 35.00
    2,001 to 2,500 pounds
    $ 55.00
    2,501 to 3,000 pounds
    $ 70.00
    3,001 to 3,500 pounds
    $ 85.00
    3,501 to 4,000 pounds
    $100.00
    4,001 to 4,500 pounds
    $120.00
    4,501 to 4,750 pounds
    $140.00
    4,751 to 5,000 pounds
    $160.00
    5,001 to 5,250 pounds
    $180.00
    5,251 to 5,500 pounds
    $205.00
    5,501 to 5,750 pounds
    $230.00
    5,751 to 6,000 pounds
    $255.00
    6,001 pounds and over
    $280.00

  4. Same-Imprisonment. A person convicted of violating any provision of 16-110 or 16-111 may, in addition to the fine provided for in subsection (c) of this section, be punished by imprisonment for not to exceed six 6 months.

  5. Axle weight violations. If the officer finds that the person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to reload the vehicle to comply with the axle weight limitations; and if the driver so complies, he shall not be subject to arrest or fine. If the driver does not comply with the request of the officer to reload, the driver shall be subject to arrest and fine as provided in subsections (c) and (d) of this section.

Sec. 16-3. CONSTRUCTION OF CHAPTER RELATIVE TO OPERATION OF VEHICLES.


The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
  1. where a different place is specifically referred to in a given section.

  2. the provisions of Article VI, Division 5 and Article VII shall apply upon highways and elsewhere throughout the community.

Sec. 16-4. APPLICATION OF CHAPTER TO PUBLIC EMPLOYEES; EXCEPTIONS.

  1. The provision of this chapter applicable to the drivers of all vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, the State of Arizona, the Fort McDowell Yavapai Indian Community or any other political subdivision of Arizona 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.

  2. 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 the surface of a highway, or to railroad employees working on a railroad track or tracks crossing the highway, but shall apply to such persons and vehicles when traveling to or from such work.

Sec. 16-5. APPLICATION OF CHAPTER TO PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES.


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


Sec. 16-6. CHAPTER NOT TO INTERFERE WITH RIGHTS OF OWNERS OF REAL PROPERTY
.

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 a matter of right from prohibiting that 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.


Sec 16-7. OBEDIENCE TO LAW ENFORCEMENT OFFICERS.


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


Sec. 16-8. AUTHORIZED EMERGENCY VEHICLES.

  1. Permitted to vary from requirements. The driver of any authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section.

  2. Exceptions enumerated. 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 prima facie speed limits so long as he does not endanger life or property.

    4. Disregard regulations governing direction of movement or turning in specified direction.

  3. Exemptions to apply only under certain conditions. The exemptions granted by this section to an authorized emergency vehicle shall apply only when the driver of the vehicle while in motion sounds an 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 five hundred (500) feet to the front of the 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.

  4. Driver responsible. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall those provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Sec. 16-9. DRIVER'S DUTY WHEN APPROACHING HORSE OR LIVESTOCK.


Every person operating a motor vehicle upon any public highway and approaching any horse-drawn vehicle or any horse upon which any person is riding or livestock being driven upon the highway shall exercise reasonable precaution to prevent frightening and to safeguard such animals, and to ensure the safety of any person riding or driving the same. If such animals appear frightened, the person in control of such vehicle shall reduce its speed and, if requested by signal or otherwise, shall not proceed further toward such animals unless necessary to avoid accident or injury, until such animals appear to be under control.


Sec. 16-10. INJURING, UNLAWFULLY STARTING, USING OR PREVENTING USE OF VEHICLES.

  1. A person is guilty of a misdemeanor who:

    1. Willfully breaks, injuries, tampers with or removes any part of a vehicle for any purpose against the will or without consent of the owner of the vehicle.

    2. In any other manner willfully or maliciously interferes with or prevents the running or operation of the vehicle.

    3. Without consent of the owner or person in charge of a vehicle climbs into or upon a vehicle with intent to commit any crime, malicious mischief or injury theretofore.

    4. While a vehicle is stopped and unattended attempts to manipulate any levers, starting crank or other starting devices, brakes or other mechanism thereof, or set the vehicle in motion.

  2. The provisions of subsection (a) hereof shall not apply when any of the conduct described therein is committed in an emergency in furtherance of public safety or convenience or by or under the direction of any law enforcement officer in the performance of his duty.

Sec. 16-11. PLACING OR ALLOWING DANGEROUS ARTICLES ON ROADWAY.

  1. No person shall throw or deposit upon any roadway any glass bottle, glass, nails, tacks, wire, caps or any other substance likely to injure any person, animal or vehicle upon the roadway.

  2. Any person who drops or permits to be dropped or thrown upon any roadway any destructive or injurious material shall immediately remove the same or cause it to be removed.

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

Sec. 16-12. CROSSING FIRE HOSE.


No vehicle shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, or private driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.


Sec. 16-13. ALLOWING BARBED WIRE TO LIE LOOSE ALONG HIGHWAY.


A person owning, leasing, having in charge or possession a barbed wire fence along a public highway, who willfully permits or allows the wire of such fence to lie loose along or in the highway so as to endanger the safety of a person or animal passing along the highway, is guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00), no more than fifty dollars ($50.00), and shall be liable for all damages arising from such loose wire.

Secs. 16-14 - 16-30. RESERVED.




ARTICLE II. REGISTRATION, LICENSING AND INSPECTION

Sec. 16-31. REGISTRATION OF MOTOR VEHICLE REQUIRED; EXCEPTIONS.

  1. Every owner of a motor vehicle, trailer or semitrailer, before it is operated upon any highway in this community, shall obtain a certificate of title thereto and registration therefore from the appropriate agency of the United States, a state or a foreign government.

  2. This section shall not apply to farm tractors, trailers used solely in .the operation of a farm for transporting the unprocessed fiber or forage products thereof, or any implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved upon a highway, road-rollers or road machinery temporarily operating or moved upon the highway, or to any owner permitted to operate a vehicle under special provisions relating to lien holders, manufacturers, dealers and nonresidents. Nor shall it apply to any vehicle being towed by tow truck which meets the requirements of section 16-109.

Sec. 16-32. REGISTRATION VIOLATIONS.


A person is guilty of a misdemeanor who:
  1. Being the owner thereof, operates or knowingly permits to be operated upon a highway, a motor vehicle, trailer or semitrailer required by law to be registered which does not display thereon the number plates assigned thereto for the current registration year.

  2. Displays or has in his possession a registration card or registration number plate knowing it to be fictitious or to have been stolen, canceled, revoked, suspended or altered.

  3. Lends to or knowingly permits the use of his registration card or registration number plate by a person not entitled thereto.

Sec. 16-33. OPERATOR'S OR CHAUFFEUR'S LICENSE REQUIRED; PENALTY

  1. No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this community unless the person has a valid license as an operator or chauffeur issued by the appropriate agency of the United States, a state or foreign government. No person shall drive a motor vehicle as a chauffeur unless he holds a valid chauffeur's license.

  2. A person holding a valid chauffeur's license need not procure an operator's license.

  3. A person licensed as an operator or chauffeur may exercise the privilege thereby granted upon all streets and highways in this community.

  4. Conviction, or forfeiture or bail not vacated, for any violation of the provisions of subsection (a) shall be punishable by a fine of not more than three hundred dollars ($300.00), or imprisonment for not more than thirty (30) days or both. A second or subsequent conviction or forfeiture of bail not vacated for an offense committed within a period of twenty-four (24) months of the first violation or offense shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or by imprisonment for not less than five (5) days nor more than six (6) months, subject to the limitations of 16-36.

Sec. 16-34. LICENSE TO OPERATE MOTORCYCLE OR MOTOR-DRIVEN CYCLE; EXCEPTION.

  1. Except as otherwise provided in this chapter, no person shall operate a motorcycle or motor-driven cycle upon a highway in this community unless he/she has a valid license.

  2. The provisions of this section shall not apply to electrically powered three-wheeled vehicles or three-wheeled vehicles in which the operator and passenger ride within an enclosed cab. (code 1976, § 28.422.01)

Sec. 16-35. RESTRICTED LICENSES.


It is a misdemeanor for a person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him.


Sec. 16-36. LICENSE TO BE CARRIED, EXHIBITED ON DEMAND.


Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display same, upon demand of a law enforcement officer. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer an operator's or chauffeur's license theretofore issued to him and valid at the time of his arrest.


Sec. 16-37. VIOLATION OF LICENSE PROVISIONS.


It is a misdemeanor for any person:
  1. [text missing]

  2. [text missing]...use thereof by another.

  3. To display or represent as one's own an operator's or chauffeur's license not issued to him.

  4. To permit any unlawful use of an operator's or chauffeur's license issued to him.

  5. To do any act forbidden or fail to perform any act required by this article.

Sec. 16-38. PERMITTING UNAUTHORIZED PERSON TO DRIVE.


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 this chapter or in violation of any of the provisions of this chapter.


Sec. 16-39. PERMITTING UNAUTHORIZED MINOR TO DRIVE; LIABILITY THEREFOR.
  1. A person who causes or knowingly permits his child or ward or any person under the age of eighteen (18) years to drive a motor vehicle upon a highway when such person is not authorized under this chapter, or in violation of any of the provisions of this chapter, is guilty of a misdemeanor.

  2. Every owner of a motor vehicle causing or knowingly, permitting an unlicensed minor under the age of eighteen (18) years to drive such vehicle upon a highway, and any person giving or furnishing a motor vehicle to such unlicensed minor, shall be jointly and severally liable with such minor for any damages caused by the negligence or willful misconduct of such minor in driving such vehicle.

Sec. 16-40. DRIVING WHEN LICENSE IS SUSPENDED, REVOKED OR REFUSED.

  1. Any person who drives a motor vehicle on a public highway in this community at a time when his privilege to do so is suspended, revoked, or refused is guilty of a misdemeanor punishable by imprisonment for not less than ten (10) days nor more than six (6) months and in addition, thereto a fine of not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00).

  2. Any person convicted of violating the provisions of subsection (a) of this section a second or subsequent time shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months and in addition thereto a fine of not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00).

Sec. 16-41. EMPLOYING UNLICENSED CHAUFFEUR.


No person shall employ as a chauffeur of a motor vehicle a person not then licensed as provided in this chapter.


Sec. 16-42. INSPECTION BY COMMUNITY OFFICERS.

  1. A law enforcement officer may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such tests with reference thereto as may be appropriate.

  2. In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give written notice to the driver. The original of the notice shall be retained by his department. The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of correction or adjustment of illegal or faulty equipment must be obtained within five (5) days.

  3. The commission shall prescribe the form of the notice which shall be utilized by those authorized to conduct such inspection.

Sec. 16-43. OWNER OR DRIVER TO COMPLY WITH INSPECTION PROVISIONS.

  1. No person driving a vehicle shall refuse to submit the vehicle to an inspection and test when required to do so by a law enforcement officer.

  2. Every owner or driver, upon receiving a notice as provided in the previous section, shall comply therewith and shall within five (5) days secure the certification of adjustment provided on the notice. When the certification is completed, the notice shall be forwarded to the issuing department. In lieu of compliance with this subsection, the vehicle shall not be operated, except as provided in subsection (c) of this section.

  3. No person shall operate any vehicle after receiving a notice with reference thereto as provided in subsection (b) of this section, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver, if within a distance of twenty (20) miles, or to a garage, until the vehicle and its equipment has been placed in proper repairs and adjustment and otherwise made to conform to the requirements of this chapter.

Sec. 16-44. ANNUAL INSPECTION OF SCHOOL BUSES.


Each school bus shall be inspected annually and an official certificate of inspection an approval shall be obtained annually for each such vehicle in accordance with the laws of the state of Arizona. Such inspections shall be made and such certificates obtained with respect to the requirements for school buses as prescribed by Arizona law, and by regulations adopted by the Arizona State highway Commission and the Arizona State Board of Education. Inspection of school buses shall be made section, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver, if within a distance of twenty (20) miles, or to a garage, until the vehicle and its equipment has been placed in proper repairs and adjustment and otherwise made to conform to the requirements of this chapter.

Sec. 16-44. ANNUAL INSPECTION OF SCHOOL BUSES.

Each school bus shall be inspected annually and an official certificate of inspection an approval shall be obtained annually for each such vehicle in accordance with the laws of the state of Arizona. Such inspections shall be made and such certificates obtained with respect to the requirements for school buses as prescribed by Arizona law, and by regulations adopted by the Arizona State highway Commission and the Arizona State Board of Education. Inspection of school buses shall be made annually during the months of June, July and August. A school bus shall also be inspected prior to its initial use in the community. The commission shall have inspected within the prescribed periods all school buses that are registered. If a school bus is privately owned, the owner thereof shall have such bus inspected within the prescribed periods.

Secs. 16-45 - 16-50. RESERVED.



ARTICLE III. EQUIPMENT

DIVISION 1. GENERALLY

Sec. 16-51. VEHICLE TO BE IN GOOD WORKING ORDER.

No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.


Sec. 16-52. VEHICLE TO COMPLY WITH ARTICLE; EXCEPTIONS.

  1. It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this article or which is equipped in any manner in violation of this article, or for any person to do any act forbidden or fail to perform any act required under this article.

  2. Nothing contained in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this article.

  3. The provisions of this article with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as made applicable by this article. Every farm tractor equipped with an electric lighting system shall at all times mentioned in section 16-71 display a red tail lamp and either multiple-beam or single beam head lamps meeting the requirements of sections 16-74, 16-88, and 16-90.

Sec.16-53. SPECIAL REQUIREMENTS FOR MOTORCYCLES AND MOTOR DRIVEN CYCLES
.
  1. The operator and any passenger of a motorcycle or motor-driven cycle shall wear a protective helmet on his head in an appropriate manner safely secured. The operator and passenger of a motorcycle or motor-driven vehicle shall also wear protective glasses, goggles, or a transparent face shield unless the motorcycle is equipped with a protective windshield. The provisions of this subsection shall not apply to electrically powered three-wheeled vehicles or three-wheeled vehicles on which the operator and passenger ride within an enclosed cab.

  2. A motorcycle and motor-driven cycle shall be equipped with a rear-view mirror, seat and footrests for the operator. Any motorcycle or motor-driven cycle operated with a passenger shall be equipped with seats, footrests and handrails for such passenger.

  3. Handlebars rising more than fifteen (15) inches above the level of the driver's seat or saddle on a motorcycle or motor-driven cycle are prohibited.

Sec. 16-54. BRAKES.

  1. Requirements enumerated. The following brake equipment is required:

    1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of with means shall be effective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.

    2. Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one brake which may be operated by hand or foot.

    3. Every trailer or semi-trailer of a gross weight of three thousand (3,000) pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.

    4. Every new motor vehicle, trailer or semi-trailer sold in the community and operated upon the highway shall be equipped with service brakes upon all wheels of every vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer of less than one thousand five hundred (1,500) pounds gross weight need not be equipped with brakes and except that three-axle trucks need only be equipped with brakes on all wheels of the two (2) rear axles.

    5. In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort in the rearmost wheels at the fastest rate, or means shall be provided for applying braking effort first on rearmost trailer equipped with brakes. Both of the above means capable of being used alternatively may be employed.

    6. Every motor vehicle and combination of vehicles manufactured or sold in the community, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power-assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one pair shall not leave the vehicle without operative brakes.

    7. The brake shoes operating within or upon the rims on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

  2. Deceleration requirements.

    Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service or foot brake, within the distance specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances.

     
    Feet to stop from 20 miles per hour
    Deceleration in feet per second feet to stop
    Vehicles or combination of vehicles having brakes on all wheels
    30
    14
    Vehicles or combination of vehicles not having brakes on all wheels
    40
    10.7

  3. Adjustment of brakes.

    All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Sec. 16-55. HORNS AND AUDIBLE WARNING DEVICES.

  1. Required. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an unreasonable loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonable necessary to ensure safe operation give audible warning with his horn but shall not otherwise use the horn when upon a highway.

  2. Prohibited devices. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section.

  3. Theft alarm. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

  4. Emergency vehicle requirements. Any authorize emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when reasonable necessary to warn pedestrians and other drivers of the approach thereof.

Sec. 16-56. MUFFLERS AND AIR POLLUTION CONTROL DEVICES.
  1. 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 no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway.

  2. 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.

  3. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall...[text missing]

Sec. 16-57. MIRRORS
.

Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of the vehicle.


Sec. 16-58. WINDSHIELDS.

  1. Required. Every passenger vehicle, other than a motorcycle, and every motor truck or truck tractor, except fire trucks, fire engines or other fire apparatus, whether publicly or privately owned, shall be equipped with an adequate windshield. This section shall not apply to implements of husbandry of [sic] antique, classic or horseless carriage automobiles when not originally equipped with a windshield.

  2. Not to be obstructed. No person shall drive any motor vehicle with any sign, poster or other substance or material upon the front windshield, side wings or side or rear windows of the vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

  3. Wipers required. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

  4. Wipers to be in good order. Every windshield wiper upon a motor vehicle shall be maintained in good working order.

Sec. 16-59. TIRES.

  1. Every solid rubber tire on a vehicle shall have a rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.

  2. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highways, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause vehicle to skid.

  3. The commission may in its discretion issue special permit authorizing the operation upon a highway of traction engines or tractors having moveable tracks with transverse corrugations upon the periphery of the movable tracks of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this chapter.

Sec. 16-60. REAR FENDER SPLASH GUARDS.

  1. It is unlawful for any person to operate a truck, trailer, semi-trailer or bus upon the highways unless such vehicle is equipped with rear fender splash guards, which shall comply with the specifications provided in this section. The splash guards shall be so attached as to prevent the splashing of mud or water upon the windshield of other motor vehicles and shall extend to a length which shall end not more than eight (8) inches from the grounds [sic].

  2. The splash guards shall be wide enough to cover the full tread or treads of the tires being protected and shall be installed close enough to the tread surface of the tire or wheel as to control the side throw of the bulk of the thrown road surface material.

  3. The splash guards may be constructed of a flexible rubberized material, and shall be attached in such a manner that, regardless of movement either in such splash guards or the vehicle, such splash guards will retain their general parallel relationship to the tread surface of the tire or wheel under all ordinary operation conditions.

  4. Nothing in this section shall be deemed to apply to vehicles commonly known as pickup trucks with a manufacturer's rating of three-quarter tons or less, nor shall the provisions of this section apply to truck tractors or converter dollies when used in combination with other vehicles.
(Sec. 16-61. Reserved.)


Sec. 16-62. CERTAIN VEHICLES TO CARRY FLARES OR OTHER WARNING DEVICES.

  1. Requirements enumerated. No person shall operate any motor truck, passenger bus or track tractor upon any highway within the community at any time from a half-hour after sunset to a half-hour before sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection (b) of this section:

    1. (1) At least three (3) flares or three (3) electric red lanterns each of which shall be capable of being seen and distinguished at a distance of five (500) feet under normal atmospheric conditions at night time. Each flare or liquid-burning pot torch shall be capable of burning for one hour. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every such flare shall be carried in the vehicle in a metal rack or box. Every such red electric lantern shall be capable of operating continuously for net less than twelve (12) hours and shall be substantially constructed so as to withstand reasonable shock without breakage.

    2. At least three (3) red burning fuses unless red electric lanterns are carried. Each fuse shall be made in accordance with specifications of the Bureau of Explosives, 30 Vesey Street, New York City, and so marked and shall be capable of burning at least the community at any time from a half hour after sunset to a halfhour before sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection(b) of this section:

      1. At least three (3) flares or three (3) electric red lanterns each of which shall be capable of being seen and distinguished at a distance of five (500) feet under normal atmospheric conditions at night time. Each flare or liquid-burning pot torch shall be capable of burning for one hour. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every such flare shall be carried in the vehicle in a metal rack or box. Every such red electric lantern shall be capable of operating continuously for not less than twelve (12) hours and shall be substantially constructed so as to withstand reasonable shock without breakage.

      2. At least three (3) red burning fuses unless red electric lanterns are carried. Each fuse shall be made in accordance with specifications of the Bureau of Explosives, 30 Vesey Street, New York City, and so marked and shall be capable of burning at least fifteen (15) minutes.

      3. At least two (2) red cloth flags, not less than twelve (12) inches square, with standards to support same.

  2. Vehicles carrying flammable. No person shall operate at the time and under the conditions stated in subsection (a) of this section any motor vehicle used in transportation of flammable liquids in bulk, or transporting compressed flammable gases, unless there shall be carried in the vehicle three (3) red electric lanterns meeting the requirements stated in subsection (a) of this section, and there shall not be carried in such vehicle any flares, fuses or signal produced by a flame.

  3. Portable reflector units. As an alternative it shall be deemed a compliance with this section in the event a person operating any motor vehicle described in this section shall carry in the vehicle three (3) portable reflector units on standards. No portable reflector unit shall be approved unless it is so designed and constructed as to include two (2) reflectors, one above the other, each of which shall be capable of reflecting red light clearly visible from all distances within five hundred (500) feet to fifty (50) feet under normal atmospheric conditions at night time when directly in from of lawful upper beams of head lamps.

Sec. 16-63. DISPLAY OF WARNING DEVICES WHEN VEHICLE DISABLED.

  1. When required. When any motor vehicle, truck, passenger bus, truck tractor, trailer, semi-trailer or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof within the community at any times when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is disabled on the highway except as provided in subsection (b) of this section.

    1. A lighted fuse shall be immediately placed on the roadway at the traffic side of the motor vehicle unless electric lanterns are displayed.

    2. Within the burning period of the fuse and as promptly as possible three (3) lighted flares or pot torches or three (3) electric lanterns shall be placed on the roadway as follows:

      1. One at a distance of approximately one hundred (100) feet to the rear of the vehicle; in the center of the lane of traffic occupied by the disabled vehicle.

      2. One at the traffic side of the vehicle approximately ten (10) feet rearward or forward thereof.

  2. Vehicles carrying flammable liquids or gases. When any vehicle used in the transformation of flammable liquids in bulk, or transporting compressed flammable gases is disabled upon a highway at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall display upon the roadway the following lighted warning devices:

    1. One red electric lantern shall be immediately placed on the roadway at the traffic side of the vehicle.

    2. Two (2) other red electric lanterns shall be placed to front and rear of the vehicle in the same manner prescribed for flares in subsection (a) of this section.

  3. Flame signals prohibited for vehicle carrying flammable. When a vehicle of a type specified in subsection (b) of this section is disabled, the use of flares, fuses or any signal produced by flames as warning signals is prohibited.

  4. Display of flags. When any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside any municipality at any time when the display of fuses, flares or electric lanterns is not required, the driver of the vehicle shall display (2) red flags upon the roadway in the land of traffic occupied by the disabled vehicle, one at a distance of approximately one hundred (100) feet in advance of the vehicle, and one at a distance of approximately one hundred (100) feet to the rear of the vehicle.

  5. Portable reflector units. In the alternative, it shall be deemed a compliance with this section in the event three (3) portable reflector units on standards of a type approved by the commission are displayed at the times and under the conditions specified in this section either during the daytime or at nighttime, and the portable reflector units shall be placed on the roadway in the locations as described with reference to the placing of electric lanterns and lighted flares.

  6. Equipment to comply with requirements. The flares, fuses, lanterns and flags to be displayed as required in this section shall conform with the requirements of the preceding section applicable thereto.

Sec. 16-64. VEHICLES TRANSPORTING EXPLOSIVES.

Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the following provisions:
  1. The vehicle shall be marked or placed on each side and on the rear with the word "explosives" in letters not less than eight (8) inches high, or there shall be displayed on the rear of the vehicle a red flag not less than twenty-four (24) inches square marked with the word "danger" in white letters six (6) inches high.

  2. Every such vehicle shall be equipped with not less than two (2) fire extinguisher, filled and ready for immediate use, and placed at a convenient point on the vehicle so used.

Sec. 16-65. TELEVISION INSTALLATIONS.


No person shall drive any motor vehicle equipped with any television broadcast viewer, screen or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat or which is visible, directly or indirectly, to the driver while operating the motor vehicle.


Sec. 16-66. PROJECTING LOADS.


When the load upon any vehicle extends to the rear four (4) feet or more beyond the body of the vehicle there shall be displayed at the extreme rear end of the load, at the time specified in section 16-71, a red light or lantern plainly visible from a distance of at least five hundred (500) feet to the side and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time. there shall be displayed at he extreme rear end of the load a red flag or cloth not less than twelve (12) inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.

(Secs. 16-67 - 16-70. RESERVED.)



DIVISION 2. LIGHTS, LAMPS, REFLECTORSAND ILLUMINATING DEVICES.

Sec. 16-71. WHEN LAMPS REQUIRED TO BE LIGHTED.

Every vehicle upon a highway within this community at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as required by this article for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated. in this article.


Sec. 16-72. VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS.

  1. When a requirement is set forth in this article as to the distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, such provisions shall apply during the times stated in section 16-71 in respect to a vehicle without load when upon a straight, legal unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

  2. When a requirement is set forth in this article as to the mounted height of lamps or devices it shall mean from the center of the lamps or device to the level ground upon which the vehicle rests without a load.

Sec. 16-73. HEAD LAMPS.

  1. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two (2) head lamps which shall comply with the requirements and limitations of this article.

  2. Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two (2) head lamps which shall comply with the requirements and limitations of this article.

  3. Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located, at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty-four (24) inches to be measured as set forth in subsection (b) of the previous section.

Sec. 16-74. TAIL LAMPS.

  1. Every motor vehicle, trailer, semi-trailer and pole trailer and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by this article, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.

  2. Every tail lamp upon every vehicle shall be located at a height to not more than sixty (60) inches nor less than twenty (20) inches to be measured as set forth in subsection (b) of section 16-72.

  3. Either a tail lamp or a separate lamp shall 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 fifty (50) feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.

Sec. 16-75. REFLECTORS ON NEW MOTOR VEHICLES.
  1. Every new motor vehicle sold an operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two (2) red reflectors, except that every motorcycle and every motor driven cycle shall carry at least one reflector, meeting the requirements of this section, and except that vehicles of the type mentioned in section 16-77 shall be equipped with reflector as required in those sections applicable thereto.

  2. Every such reflector shall be mounted on the vehicle a height not less than twenty (20) inches nor more than sixty (60) inches measured as set forth in subsection (b) of section 16-72 and shall be of such size and characteristics and some mounted as to be visible at night from all distances within three hundred (300) feet to fifty (50) feet from the vehicle when directly in front of lawful upper beams of head lamps, except that visibility from a greater distance is required of reflectors on certain type of vehicles.

Sec. 16-76. STOP LAMPS REQUIRED.


It is unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this community or for any person to drive a vehicle on the highway unless it is equipped with a stop lamp meeting the requirements of section 16-86.


Sec. 16-77. ADDITIONAL EQUIPMENT REQUIRED ON CERTAIN VEHICLES.


In addition to other equipment required in this article, the following vehicles shall be equipped as provided by this section under the conditions stated in section 16-78.
  1. On every bus or truck, whatever its size, there shall be two (2) reflectors on the rear, one at each side, and one stop light.

  2. On every bus or truck eighty (80) inches or more in overall width, in addition to the requirements subsection (a):

    1. One the front, two (2) clearance lamps, one at each side.

    2. On the rear, two (2) clearance lamps, one at each side.

    3. On each side two (2) side marker lamps, one at or near the front and one at or near the rear.

    4. On each side, two (2) reflectors, one at or near the front and one at or near the rear.

  3. On every truck tractor:

    1. On the front, two (2) clearance lamps, one at each side.

    2. On the rear, one stop light.

  4. On every trailer or semi-trailer having a gross weight in excess of three thousand (3,000) pounds:

    1. On the front, two (2) clearance lamps one at each side.

    2. On each side, two (2) side marker latngs, one at or near the front and one at or near the rear.

    3. On each side, two (2) reflectors, one at or near the front and one at or near the rear.

    4. On the rear, two (2) clearance lamps, one at each side, and two (2) reflectors, one at each side, and one stop light.

  5. On every pole trailer in excess of three thousand (3,000) pounds of gross weight:

    1. On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.

    2. On the rear of the pole trailer or load, two (2) reflectors, one at each side.

  6. On every trailer, semi-trailer or pole trailer weighing three thousand (3,000) pounds, gross, or less:

    1. On the rear, two (2) reflectors, one on each side.

    2. If a trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then the vehicle shall also be equipped with one stop light.

Sec. 16-78. APPLICATION OF ARTICLE.


Those sections of this article, including 16-77 and 16-79 through 16-82, relating to clearance and marker lamps reflectors and stop lights, shall apply as stated in those sections to vehicles of the type therein enumerate, namely passenger buses, trucks, truck tractors, and certain trailers, semi-trailers, and pole trailers, respectively, when operated upon any highway; and such vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times mentioned in section 16-71, except that clearance and side marker lamps need not be lighted on a vehicle when operated where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet.


Sec. 16-79. COLOR OF CLEARANCE LAMPS AND REFLECTORS.

  1. Front clearance lamps and those marker lamps and reflectors mounted on the rear or on the side near the front of a vehicle shall display or reflect an amber color.

  2. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

  3. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate or the light emitted by a backup lamp shall be white.

Sec. 16-80. MOUNTING OF REFLECTORS AND CLEARANCE AND MARKER LAMPS.

  1. Reflectors when required by section 16-77 shall be mounted at a height not less than twenty-four (24) inches and not higher than (60) inches above the ground on which the vehicle stands; except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches, the reflector at the point shall be mounted as high as the part of the permanent structure will permit.

  2. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.

  3. Any required red reflectors on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this article.

  4. Clearance lamps shall be mounted on the permanent structure of the vehicle in such manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required by this section with reference to both.

Sec. 16-81. VISIBILITY OF REFLECTORS AND CLEARANCE AND MARKER LAMPS.

  1. Every reflector upon any vehicle referred to in section 16-77 shall be of such size and characteristics and so maintained as to be readily visible at night time from all distances within five hundred (500) feet to fifty (50) feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides and those mounted on the rear shall reflect a red color to the rear.

  2. Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the front and near, respectively, of the vehicle.

  3. Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted.

Sec. 16-82. LIGHTS ON VEHICLE COMBINATIONS.


When motor and other vehicles are operated in combination during the times that lights are required, any lamp, except tail lamps, need not be lighted which, by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.


Sec. 16-83. PARKED VEHICLES.

  1. When a vehicle is lawfully parked upon a street or highway during the hours between a half-hour after sunset and a half-hour before sunrise arid in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the street or highway, no lights need be displayed upon the parked vehicles.

  2. When 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 five hundred (500) feet upon the highway, the vehicle so parked or stopped shall be equipped with one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred (500) feet to the front of the vehicle from a distance of five hundred (500) feet to the front of the vehicle and a red light visible from a distance of five hundred (500) feet to the rear. The foregoing provisions shall not apply to a motor-driven cycle.

  3. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

Sec. 16-84. LAMPS ON ANIMAL-DRAWN AND OTHER EQUIPMENT OR VEHICLES.


All vehicles, including animal-drawn vehicles and including those referred to in subsection (c) of 16-52 not specifically required by this article to be equipped with lamps, shall at the times specified in section 16-71 be equipped with at least on lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear.


Sec. 16-85. SPOT AND AUXILIARY LAMPS.

  1. Spot Lamps. A motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle.

  2. Fog lamps. A motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front to a height not less than twelve (12) inches nor more than thirty (30) inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall, at a distance of twenty-five (25) feet ahead, project higher than a level of four (4) inches below the level of the center of the lamp from which it comes.

  3. Passing-lamps. A motor vehicle may be equipped with not to exceed two (2) auxiliary passing lamps mounted on the front at a height not less than twenty-four (24) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements limitations set forth in this division

  4. Driving lamps. A motor vehicle may be equipped with not to exceed two (2) auxiliary driving lamps mounted on the front at a height not less than sixteen (16) inches nor more than forty-two (42) inches above the level surface upon which the vehicle sands and every auxiliary driving lamp shall meet the requirements and limitations set forth in this division.

Sec. 16-86. SIGNAL LAMPS AND DEVICES.

  1. A motor vehicle may be equipped and, when required under this chapter, shall be equipped with the following signal lamps or devices:

    1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service or foot brake and which may but need not be incorporated with a tail lamp.

    2. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.

  2. A stop lamp shall be plainly visible and understandable from a distance of one hundred (100) feet to the rear both during normal sunlight and at nighttime and a signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred (100) feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.

  3. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in section 16-71.

Sec. 16-87. FENDER, RUNNING-BOARD AND BACKUP LAMPS.

  1. A motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare.

  2. A motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.

  3. A motor vehicle may be equipped with not more than two (2) backup lamps either separately or in combination with other lamps either separately or in combination with other lamps, but a backup lamp shall not be lighted when the motor vehicle is in forward motion.

Sec. 16-88. MULTIPLE-BEAM LIGHTS-SPECIFICATIONS.


Except as provided in this article, the head lamps, the auxiliary driving lamp, the auxiliary passing lamp or combinations thereof no motor vehicles other than a motorcycle or motor-driven cycle shall be so arranged that selection may be made between distributions of light projected to different elevations, subject to the following requirements and limitations:
  1. There shall be an uppermost distribution of light or composite beam, so aimed and such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all condition of loading.

  2. There shall be lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead, and under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

  3. Every new vehicle, other than a motorcycle or motor-driven cycle, registered in this state, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

Sec 16-89. SAME-USE.


When a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 16-71, the driver shall use a distribution light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle subject to the following requirements and limitations:
  1. When a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, the driver shall use distribution of light of composite beam so aimed that the glaring rays are not projected into the eyes o the oncoming driver. The lowermost distribution of light or composite beam specified in subsection (b) of the previous section shall be deemed to avoid glare at all times, regardless of road contour and loading.

  2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.

Sec. 16-91. ALTERNATE ROAD-LIGHTING EQUIPMENT.


Any motor vehicle may be operated under the conditions specified in section 16-71 when equipped with two (2) lighted lamps upon the front thereof capable of revealing persons and objects seventy-five (75) feet ahead in lieu of lamps required in the previous section; however, at no time shall it be operated at a speed in excess of twenty (20) miles per hour.


Sec. 16-92. NUMBER OF DRIVING LAMPS REQUIRED, PERMITTED.

  1. At all times specified in section 16-71, at least two (2) lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motor or motor-driven cycle, except when the vehicle is parked subject to the regulation governing lights on parked vehicles.

  2. When a motor vehicle equipped with head lamps as required by this article is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the from thereof projecting a beam of intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time upon a highway.

Sec. 16-93. SPECIAL RESTRICTION ON LAMPS.

  1. Intensity of beam restricted. Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle.

  2. Red lights. No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this chapter.

  3. Flashing lights. Flashing lights are prohibited except on an authorized emergency vehicle, school bus, snow removal equipment, as warning lights on disabled or parked vehicles or on any vehicle as a means for indicating a right or left turn.

Sec. 16-94. HEAD LAMPS ON MOTOR-DRIVEN CYCLES.


The head lamp(s) upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
  1. Every head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred (100) feet when the motor-driven cycle is operated at any speed less than twenty-five (25) miles per hour and at a distance of not less than two hundred (200) feet when the motor-driven cycle is operated at a speed of twenty-five (25) or more miles per hour, and the motor-driven cycle shall be subject to the speed limitations in section 16-214.

  2. In the event the motor-driven cycle is equipped with a multiple-beam head lamp or head lamps, the upper beam shall meet the minimum requirements set forth in subsection (a) of this section and shall not exceed the limitations set froth in subsection (A) of section 16-88 and the lowermost beam shall meet the requirements applicable to a lowermost distribution light as set forth in subsection (B) of section 16-88.

  3. In the event the motor-driven cycle is equipped with a single-beamlamp or lamps, the lamps shall be so aimed that when the vehicle is loaded not of the high intensity portion of the light at a distance of twenty-five (25) feet ahead, shall project higher than the level of the center of the lamp from which it comes.
(Secs. 16-95 - 16-100. RESERVED.)




ARTICLE IV. SIZE, WEIGHT AND LOAD

Sec. 16-101. EFFECT AND SCOPE.
  1. It is a misdemeanor for any person to drive or move for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in the article, or otherwise in violation of this article, and the fact that a vehicle is within the maximum size and weight of vehicles specified in this article shall have no power or authority to alter the limitations excepts as express authority may be grated by this article.

  2. The provisions of this article governing size shall not apply to fire apparatus, road machinery or to implements of husbandry, including farm tractors, temporarily moved upon a highway, or to a vehicle operated under the terms of a special permit issued as provided by this article.

Sec. 16-102. COMMISSION'S POWER TO RESTRICT WEIGHT OF VEHICLES.

  1. The commission may prohibit the operation of vehicles upon the highway or impose restrictions as to the weight of vehicles to be operated upon such highway, for a total period of not to exceed ninety (90) days in any one calendar year, when such highway, by reason of deterioration, rain, snow or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles there on is prohibited or the permissible weights thereof reduced.

  2. The commission must erect or cause to be erected and maintained signs designating the restrictions as to the weight of vehicles upon a highway or prohibition of the use of the highway.

  3. The commission may also prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight thereof, on designated highways, which prohibitions and limitations shall be designated by appropriate signs laced on the highways.

  4. The commission may impose restrictions as to the weight of vehicles operated upon any community highway, and such restrictions shall be effective when signs giving notice thereof are erected upon the highway.

Sec. 16-103. LIABILITY FOR DAMAGE RESULTING FROM OVERWEIGHT LOAD.

  1. Any person driving any vehicle, object or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving or moving of the vehicle, object or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight of this article but authorized by a special permit issued as provided in section 16-113.

  2. When the driver is not the owner of the vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.

  3. Such damage maybe recovered in a civil action brought by the council.

Sec. 16-104. WIDTH OF VEHICLE AND LOAD.

  1. The total outside width of any vehicle or the load thereon shall not exceed eight (8) feet, except as otherwise provided in the section.

  2. When pneumatic tires, in substitution for the same type or other type of tires, are placed upon vehicles in operation on July 1, 1950, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight (8) feet, six (6) inches, but in such event outside width of the body of the vehicle or load thereon shall not exceed eight (8) feet.

  3. Upon enactment of federal regulations allowing the operation of vehicles up to one hundred two (102) inches in width on the interstate system, the council may designate highways to conform with the federal regulations.

Sec. 16-105. PROJECTING LOADS ON PASSENGER VEHICLES.


No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle and extending more than six (6) inches beyond the line of the fenders on the right side thereof.


Sec. 16-106. HEIGHT AND LENGTH OF VEHICLES AND LOADS.

  1. No vehicle including any load thereon, shall exceed a height of thirteen (13) feet six (6) inches.

  2. No vehicle, including any load thereon, shall exceed a length of forty (40) feet, extreme overall dimension, inclusive of front and rear bumpers. This provision shall not apply to a semi-trailer as defined in this chapter when used in combination with a truck tractor, but such combination shall not exceed the length of combinations of vehicles as set forth in subsection (c). of this section.

  3. No combination of vehicles coupled together shall consist of more than two (2) units except that a truck tractor and semitrailer will be permitted to haul one full trailer and no such combination of vehicles shall exceed a total length of sixty-five (65) feet.

Sec. 16-107. LENGTH OF LOAD PROJECTION.

  1. Subject to provisions of section 16-101 - 16-106, limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the from vehicle of a combination of vehicles shall not extend more than three (3) feet beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than six (6) feet beyond the rear of the bed or body of the vehicle.

  2. The limitations as to length of vehicles and loads set forth in section 16-106 and subsection (a) of this section shall not apply to any load upon a pole trailer as defined in this chapter when transporting poles or pipes or structural material which cannot be dismembered, provided that no pole or pipe or other material exceeding eighty (80) feet length shall be so transported unless a permit has first been obtained as authorized in section 16-113.

Sec. 16-108. LOADS AND COVERS TO BE SECURED.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

  2. No person shall operate on any highway a vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

Sec. 16-109. TOWED VEHICLE.

  1. When one vehicle is towing another, the drawbar or other connection shall not exceed fifteen (15) feet from one vehicle to the other, except the connection between any two (2) vehicles transporting poles, pipe, machinery or other object of structural nature which cannot readily be dismembered.

  2. When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon the connection a white flag or cloth not less than twelve (12) inches square.

Sec. 16-110. SINGLE-AXLE LOAD LIMIT.

  1. The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed eighteen thousand (18,000) pounds, provided that the commission may in accordance with the provisions of section 16-113 issue a special permit for the purpose of moving from job to job within the community, and from job to place of serving and return within the community, road machinery which exceeds the maximum weight specified in this section.

  2. For the purposes of this article, an axle load means the total load transmitted to the road by all wheels whose centers are included between two (2) parallel transverse vertical planes forty (40) inches apart, extending across the full width of the vehicle.

  3. This section shall not be construed to limit in any manner the power of the commission to issue special permits pursuant to the provisions of section 16-113.

Sec. 16-111. GROSS WEIGHT OF VEHICLES AND LOADS.

  1. Limits set out-Up to eighteen feet. Subject to the limit upon the weight imposed upon the highway through any one axle as set froth in the previous section, the total gross weight with load imposed upon the highway by any one group of two (2) or more consecutive axles of a vehicle or combination of vehicles shall not exceed the gross weight given for the respective distance between the first and the last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following tables:

    Distance between first and last axles of group Allowed load on group of axles (pounds)
    4

    32,000

    5

    32,000

    6

    32,200

    7

    32,900

    8

    33,600

    9

    34,300

    10

    35,000

    11

    35,700

    12

    36,400

    13

    37,100

    14

    43,200

    15

    44,000

    16

    44,400

    17

    44,600

    18

    46,800


  2. Same--Over eighteen feet. The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than eighteen (18) feet shall not exceed that given for the respective distances in the following table:

    Distance in feet Allowed load in pounds
    18 46,400
    19 47,200
    20 48,000
    21 48,800
    22 49,600
    23 50,400
    24 51,200
    25 55,250
    26 56,100
    27 56,950
    28 57,800
    29 58,650
    30 59,500
    31 60,350
    32 61,200
    33 62,050
    34 62,900
    35 63,750
    36 64,450
    37 64,600
    38 66,300
    39 68,000
    40 70,000
    41 72,000
    42 73,280
    43 73,280
    44 73,280
    45 73,280
    46 73,280
    47 73,280
    48 73,280
    49 73,280
    50 73,280
    51 73,280
    52 73,600
    53 74,400
    54 75,200
    55 76,000
    56 and over 76,800

  3. How distance measured. The distance between axles shall be measure to the nearest even foot. When a fraction is exactly one-half foot, the next larger whole number shall be used.

Sec. 16-112. TRIBAL OFFICERS AUTHORIZED TO STOP VEHICLES, WEIGHT AND REQUIRE REMOVAL OF EXCESS WEIGHT.

  1. A law enforcement officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same any means of either portable or stationary axles and may require that the vehicle be driven to the nearest scales in the event such scales are within two (2) miles.

  2. When a law enforcement officer, upon weighing a vehicle and load as provided in subsection (a) of this section, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit as permitted under this article. All material so unloaded shall be cared for by the owner or operator of the vehicle at the wish of the owner or operator.

  3. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section is guilty of a misdemeanor.

Sec. 16-113. PERMIT FOR EXCESS SIZE AND WEIGHT.
  1. Commission authorized to grant. The commission may, in its discretion, upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this chapter upon community highways.

  2. Contents of application. The application of any such permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which permit to operate is requested, and whether the permit is requested for a single trip or for continuous operation.

  3. Limitations or permit. The commission is authorized to issue or withhold the permit at its discretion. If the permit is issued, the commission may limit the number of trips, establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated or otherwise limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or structures, and may require such undertaking or other security as may be deemed necessary to compensate from any injury to any roadway or road structure.

  4. Permit to be carried, displayed. Such a permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer and no person shall violate any of the terms or conditions of the special permit.

  5. Fees. The following fees shall be assessed for each permit issued in accordance with the provision of this section:

    1. for a single trip and one load--five dollars ($5.00).

    2. for thirty (30) days--ten dollars ($10.00).

  6. Government vehicles exempt. No fees shall be assessed for any permit issued in accordance with the provisions of this section for the movement of vehicles or combination of vehicles owned by the United States Government or the Fort McDowell Yavapai Indian Community, the State of Arizona or any political subdivision thereof.
(Secs. 16-114 - 16-120. RESERVE.)



ARTICLE V. TRAFFIC-CONTROL DEVICES

Sec. 16-121. COMMISSION AUTHORIZED TO PLACE SIGNS ON ALL STATE HIGHWAYS.

The commission shall place and maintain such traffic-control devices, conforming to its manual and specifications, upon all highways as it deems necessary to indicate and to carry out the provisions of this chapter or to regulate, warn or guide traffic.


Sec. 16-122. OBEDIENCE TO DEVICES REQUIRED; EXCEPTION.
  1. The driver of any vehicle shall obey the instructions of any official traffic-control devices applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this chapter.

  2. No provision 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. When a particular section does not state that the signs are required, that section shall be effective even though no signs are erected or in place.

Sec. 16-123. SIGNAL LEGEND.
  1. When traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors, green, red, and yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
  1. Green indication:

    1. Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection of an adjacent crosswalk at the same time the signal is exhibited.

    2. Vehicular traffic facing a green arrow signal, shown along [sic] or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully using the intersection.

    3. Unless otherwise directed by a pedestrian control signal, as provided in section 16-127, pedestrians facing any green signal, except if the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

  2. Steady yellow indication:

    1. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

    2. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in section 16-127, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

  3. Red indication:

    1. Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line; but if none, before entering the crosswalk on the near side of the intersection; or if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in subdivision b and c of this subsection.

    2. The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if there is no crosswalk, then at the entrance to the intersection, in obedience to a red signal may make a right turn, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal. Right turns may be prohibited against a red signal at any intersection when a sign is erected at the intersection prohibiting such turn.

    3. The driver of a vehicle on a one-way street which intersects another one-way street on which traffic moves to the left shall stop in obedience to a red signal but may then make a left turn into such a one-way street, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that any such left turn as above described may be prohibited when a sign is erected at such intersection giving notice thereof.

    4. Unless otherwise directed by a pedestrian control signal as provided in section 16-127, pedestrians facing a steady red signal alone shall not enter the roadway.

  4. If 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 be 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 a sign or marking the stop shall be made at the signal.

Sec. 16-124. FLASHING SIGNALS.


When an illuminated flashing red or yellow signal is used as 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 the signal only with caution.

Sec. 16-125. STOP SIGNS AND YIELD SIGNS.

  1. Commission's authority to place. The commission, with reference to community highways, may designate through highways and erect stop or yield signs at specified entrances thereto or may designate any intersection as a stop or yield intersection and erect like signs at one or more entrance to the intersection.

  2. Specifications. Every stop sign shall bear the word "stop" in letters not less than six (6) inches in height. Every yield sign shall bear the word "yield" in letters not less than six (6) inches in height. The sign shall at nighttime be rendered luminous by steady or flashing internal illumination or by efficient reflecting elements on the face of the sign.

  3. Placements. Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the intersecting roadway.

  4. Obedience to stop sign. Every driver of a vehicle approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is not crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer or traffic-control signal.

  5. Obedience to yield sign. 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 and shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection, provided that is such driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, such collision shall be deemed prim facie evidence of his failure to yield the right-of-way.

Sec. 16-126. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.

  1. When any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within fifty (50) but not less than fifteen (15) feet from the nearest rail of the railroad, and shall not proceed until he can go safely. The foregoing requirements shall apply when:

    1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.

    2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train.

    3. A railroad train approaching within approximately fifteen hundred (1,500) feet of the highway crossing emits a signal audible from such distance and the railroad train, by reason of its speed or nearness to the crossing is an immediate hazard.

    4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.

  2. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

Sec. 16-127. PEDESTRIAN CONTROL SIGNALS.

  1. When special pedestrian control signals exhibiting the...[text missing]

    1. Walk. Pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of vehicles.

    2. Don't walk. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing.

  2. A pedestrian shall not loiter or unduly delay crossing the roadway after traffic has stopped to give the right-of-way.

Sec. 16-128. CONSTRUCTION OR ROAD WORK SITE WARNING DEVICES.


Any contractor, firm, corporation or political subdivision performing work on roads, streets, or highways shall post and maintain at the work site, until the work is completed or until such time as the governing body authorized removal, such warning signs, signals, markers and barricades in compliance with the manual and specifications for uniform system of traffic control devices adopted by the Arizona Highway Department, to warn those using such street, road, or highway.


Sec. 16-129. INJURING, DEFACING, ETC., TRAFFIC-CONTROL OR WARNING SIGNS.


No person shall without lawful authority attempt to or in fact alter, deface, injure or knock down any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon or any other part thereof.

(Secs. 16-130 - 16-140. Reserved.)



ARTICLE VI. OPERATION OF VEHICLES

DIVISION 1. GENERALLY


Sec. 16-141. OPERATION OF VEHICLES BY NONMEMBERS ON LAND OTHER THAN COMMUNITY ROADWAYS.
  1. Prohibited. No person, except members of the Fort McDowell Yavapai Indian Community, may operate any motor-driven vehicle on any land within the Fort McDowell Yavapai Indian Community except over roadways as defined by this Code.

  2. Impoundment of vehicle; notification of owner. If any vehicle is operated in violation of this section, the vehicle shall be impounded by the law enforcement officers of the Fort McDowell Yavapai Indian Community and shall be kept at a place of storage within the community. Within fifteen (15) days of the date of impoundment, notice by certified mail, return receipt requested, shall be sent to the registered owner of the vehicle impounded informing such owner of the time and place of a hearing to determine whether the vehicle was operated in violation of the section and what, if any damages resulted from such operation. The notice will be sent by the chief of police of the Salt River Police Department and a record of the notice will be kept in the office of the chief of police and the office of the clerk of the Fort McCowelle Community Court.

  3. Hearing. Upon the hearing, if the court determines that the vehicle was being unlawfully operated and caused damages, the court shall enter its judgment determining such illegal operation and the amount of damages caused and ordering that the Salt River Police Department shall hold the vehicle until the owner of the vehicle pays to the court for the benefit of the community the amount of damages which the court has determined was caused by the unlawful operation of the vehicle, or the value of the vehicle, whichever is the lesser. A copy of the court's judgment shall be forwarded to the owner of the vehicle within three (3) days of the issuance of the judgment.

  4. Sale of vehicle for recovery of damages. Any judgement [sic) by the court under this section finding illegal operation and damages shall provide that unless payment of the damages as provided for herein is made within thirty (30) days after the entry of judgment, the vehicle will be sold at public auction after reasonable notice by certified mail to the owner of the vehicle of said sale. Upon payment of such amount within thirty (30) days, the vehicle will be returned to the owner. The proceeds of the sale necessary for the satisfaction of the judgment shall be paid by the clerk of the court to the community for the benefit of the beneficial owners of the land damaged, and any excess over such judgment shall be paid first to satisfy the expenses incurred by the court and the Salt River Police Department in the impoundment and hearing proceedings and second to the owner of the vehicle.

  5. Release of vehicle on posting of bond. In the event the owner of the vehicle posts a cash bond with the clerk of the community court in an amount equal to the value of the vehicle, prior to the hearing required by this section, the vehicle will be returned to such owner at the time of the posting of the bond. The value of the vehicle shall be determined from any commercially recognized valuation periodical by the clerk of the court. In the event the owner of the vehicle objects to the value set by the clerk of the court, the judge of the community court shall make such determination upon affidavits submitted by the owner of the vehicle and the police chief of the Yavapai Community.

Sec. 16-142. DRIVING ON THE RIGHT SIDE OF ROADWAY; EXCEPTIONS.

  1. 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 the right half of a roadway is close to traffic while under construction or repair.

    3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon.

    4. Upon a roadway designated and sign posted for one-way traffic.

  2. 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 at an intersection or into a private road or driveway.

Sec. 16-143. DRIVING ON ROADWAYS LANED FOR TRAFFIC.


When any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to others consistent with this section shall apply:
  1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

  2. Upon a roadway which is divided into three (3) lanes, a vehicle shall not be, driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of the allocation.

  3. Official signs may be erected directing slow-moving 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 sign.

Sec. 16-144. DRIVING ON DIVIDED HIGHWAYS.


When any highway has been divided into two (2) 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, and no vehicle shall be driven over, across or within the dividing space, barrier or section, except through an opening in the physical barrier or dividing section or space or at a crossover or intersection established by public authority.


Sec. 16-145. DRIVERS ON CONTROLLED ACCESS ROADWAYS TO USE ONLY AUTHORIZED ENTRANCES AND EXITS.

No person shall drive a vehicle onto or from any controlled access roadway except at entrance and exits established by public authority.


Sec. 16-146. DRIVING ON MOUNTAIN HIGHWAYS.


The driver of a motor vehicle traveling through defiles or canyons or on mountain highways shall hold the motor vehicle under control and as near the right hand edge of the roadway as reasonably possible.


Sec. 16-147. STARTING PARKED VEHICLE.


No person shall start a vehicle which is stopped, standing or parked unless and until the movement can be made with reasonable safety.


Sec. 16-148. MOTORCYCLE RIDERS AND PASSENGERS TO RIDE ONLY ON DESIGNATED SEATS.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motor cycle 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 (2) persons, or upon another seat firmly attached to the rear or side of the operator.


Sec. 16-149. OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE.

  1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmosphereic conditions from a distance of five hundred (500) feet to the front of the vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell:

    1. The driver of every vehicle shall yield the right-of-way and shall immediately drive to a postion parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersecton, and shall stop and remain in the position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

    2. 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 five hundred (500) feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

  2. 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.

Sec. 16-150. OPERATION OF VEHICLE UPON APPROACH OF SCHOOL BUS.
  1. Driver to stop when bus stops. The driver of a vehicle on a highway, upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children, shall stop the vehicle before reaching the school bus and shall not proceed until the school bus resumes motion or until signaled by the driver to proceed.

  2. School bus Identification. Every bus used for the transportation of school children, shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letter not less than eight (8) 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, all makings thereon, indicating "school bus" shall be covered or concealed.

  3. Manual stop sign required for bus. Every bus used for the transportation of school children shall be equipped with a signal with the word stop" printed on both sides in black letters not less than five (5) inches high on a yellow background. The signal shall not be less than twenty (20) inches long and shall be manually operated by the operator of the school bus in such manner as to be clearly visible from both front and rear when extended from the left of the body of the bus. It shall be displayed only when passengers are being received or discharged from the bus.

  4. Stop not required, on divided highway. 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 stopped in loading zone which is a part of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.

Sec. 16-151. FOLLOWING TOO CLOSELY.

  1. 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 the vehicles and the traffic upon and the condition of the highway.

  2. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside a business or residence district, which vehicle is following another motor truck or motor vehicle drawing another vehicle shall, when conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger, except that this shall not prevent a motor truck or vehicle drawing another vehicle from overtaking and passing any type vehicle or other vehicles.

  3. Motor vehicles being driven upon any roadway outside 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 vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy the space without danger. This provisions shall not apply to funeral processions.

Sec. 16-152. COASTING PROHIBITED

  1. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of the vehicle in neutral.

  2. The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.

Sec. 16-153. TURNING MOVEMENTS; SIGNALS REQUIRED.

  1. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 16-156, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until the movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided by this article in the event any other traffic may be affected by the movement.

  2. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.

  3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided by this article to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.

Sec. 16-154. SIGNALS BY HAND AND ARM OR DEVICE.


Any stop or turn signal when required by this article shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device of a type approved by the department; but when a vehicle is so constructed or loaded that a hand or arm signal would not be visible both to the front and rear of the vehicle, then the signals must be given by a lamp or lamps or signal device.


Sec. 16-155. METHOD OF GIVING HAND AND ARM SIGNALS.


All signals required by this article to be given by hand and arm shall be given from the left side of the vehicle in the following manner and the signals shall indicate as follows:
  1. Left turn. Hand and arm extended horizontally.

  2. Right turn. Hand and arm extended upward.

  3. Stop or decrease speed. Hand and arm extended downward.

Sec. 16-156. REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.


The driver of a vehicle intending to turn at an intersection shall do so as follows:
  1. Right turns. Both the approach for a right turn, and an 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 the 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 that direction upon the roadway being entered.

Sec. 16-157. TURNING ON CURVE OR CREST OF GRADE PROHIBITED.


No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet.


Sec. 16-158. BACKING.


The driver of a vehicle shall not back the same unless the movement can be made with reasonable safety and without interfering with other traffic.


Sec. 16-159. OBSTRUCTION OF DRIVER'S VIEW OR INTERFERENCE WITH DRIVER'S CONTROL OF VEHICLE PROHIBITED.

  1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three (3), as to obstruct the view of the driver to the front and sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

  2. 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.

Sec. 16-160. MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSING.

  1. Compliance required. 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 ten (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 (2) adjacent axles or in any event of less than nine (9) 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.

  2. Notification of railroad. Notice of any such intended crossing shall be given to a station agent of the railroad.

  3. Check for approach of train. Before making any such crossing the person operating or moving the vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the 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.

  4. When crossing prohibited. 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.

  5. Farm machines exempt. This section shall not apply to the normal movement of farm equipment in the regular course of farm operation.

Sec. 16-161. USE OF ALL TERRAIN OR OFF ROAD VEHICLES.


The following rules govern the use and operation of All Terrain or Off Road vehicles (hereinafter "off road vehicles"). For purposes of this statute, the term "off road vehicle" includes both two, three, and four wheeled motor vehicles used for recreational purposes or used off a designated highway or roadway. A person who violates any of the following conditions and restrictions is guilty of a misdemeanor.
  1. Off road vehicles shall not be operated between the hours of 8:00 p.m. and 8:00 a. m. on any given day.

  2. Off road vehicles shall not be operated within fifty (50) yards of any residence without the written consent of the owner or authorized occupant. Off road vehicles shall not be operated within fifty (50) yards of any Community building, structure, parking lots and fenced areas, including, but not limited to the Tribal headquarters area, the casino area, tribal farm office area, and the areas surrounding the Community Gymnasium and playground.

  3. Off road vehicle may by operated only be enrolled tribal members of the community.

  4. Off road vehicle shall not be operated by anyone under the age of sixteen (16) years.

  5. The Verde River riverbed and that portion of the reservation east of the Verde River and north of Sycamore Creek are designated as off road vehicle use areas with the exception of the Wilderness Mitigation land area, any current or potential eagle nesting sites, and any eagle Foraging Habitat Management Areas as set forth in the Environmental Commitment Plan established by Resolution No. Ft. McD. 92-16, and any other area(s) within the above mentioned portion of the reservation which subsequently may be excluded by Council action. The prohibitions of subsections (a)-(e) of this statute shall apply to these designated areas.

  6. This statute shall not affect or prohibit the use of off road vehicles by law enforcement personnel, including the Tribal Ranger department, for law enforcement purposes; or by tribal employees authorized to use off road vehicles in the performance of their duties.
(Added by Resolution No. Ft. McD. 94-90, effective November 8, 1994)

(Secs. 16-162 - 16-170. RESERVED.)




DIVISION 2. RIGHT - OF - WAY AND PASSING

Sec. 16-171. RIGHT-OF-WAY OF VEHICLES ENTERING INTERSECTION AT SAME TIME; ENTERING FREEWAY.
  1. When two (2) vehicles enter or approach an intersection from different streets or 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. This subsection does not apply to vehicles approaching or entering an uncontrolled "T" intersection when the vehicle on the left is on a continuing street or highway and the vehicle on the right is on the terminating street or highway.

  2. The right-of-way rule declared in subsection (a) of this section is modified at through highways and otherwise as stated in this article.

  3. Intersecting road crossings between the main roadway of a freeway and acceleration lanes, ramps, or any other approach road shall yield the right-of-way to a vehicle on the main roadway of the freeway entering such merging area at the same time.

Sec. 16-172. RIGHT-OF-WAY OF VEHICLE TURNING LEFT AT INTERSECTION.


The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.


Sec. 16-173. RIGHT-OF-WAY OF VEHICLE ENTERING THROUGH HIGHWAY OR STOP INTERSECTION.

  1. The driver of a vehicle shall stop as required by section 16-125 at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway before so proceeding into or across the through highway.

  2. The driver of a vehicle shall likewise stop in obedience to a stop sign at entrances thereto although not a part of a through highway, and shall proceed cautiously yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed.

Sec. 16-174. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.


The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all closely approaching vehicles on the highway.


Sec. 16-175. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.


Drivers of vehicles proceeding in opposite directions shall pass each other on 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 one-half of the main-traveled portion of the roadway as nearly as possible.


Sec. 16-176. OVERTAKING VEHICLES ON THE LEFT, GENERALLY.


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 section:
  1. The driver of a 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 or blinking of head lamps at nighttime, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Sec. 16-177. PRE-REQUISITES FOR OVERTAKING ON THE LEFT.


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 the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.


Sec. 16-178. WHEN DRIVING ON THE LEFT PROHIBITED.

  1. No vehicle shall at any time, be driven to the left side of the roadway under the following conditions:

    1. when approaching the crest of a grade or upon a curve in the highway where the drivers 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 one hundred (100) feet of or traversing any intersection or railroad grade crossing or where appropriate signs or makings have been installed to define a no-passing zone.

    3. when the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.

  2. The limitations set forth in subsection (a) of this section shall not apply upon a one-way roadway.

Sec. 16-179. OVERTAKING ON THE RIGHT.

  1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

    1. when the vehicle overtaken is making or about to make a left turn.

    2. upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction.

    3. upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.

  2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety. In no event shall the movement be made by driving off the pavement or main-traveled portion of the roadway.

Sec. 16-180. NO-PASSING ZONES.


The commission is authorized to determine those portions of any highway where overtaking and passing or driving to the left 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 the signs or markings are in place and clearly visible to an ordinary observant person, every driver of a vehicle shall obey the directions thereof.

(Secs. 16-181 - 16-190. RESERVED.)



DIVISION 3. STOPPING, STANDING AND PARKING

Sec. 16-191. VEHICLES TO BE PARKED OR STOPPED OFF PAVEMENT IF POSSIBLE.
  1. Upon any highway outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off that part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicles shall be available from a distance of two hundred (200) feet in each direction upon the highway.

  2. This section shall not apply to:

    1. The driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that its impossible to avoid stopping and temporarily leaving the disabled vehicle in such position.

    2. No vehicle nor the driver thereof engaged in the official delivery of the United States mail shall stop on the right hand side of the highway for the purpose of picking up or delivering mail except if a clear view of the vehicle may be obtained from a distance of three hundred (300) feet in each direction upon such highway, or a flashing amber light not less than four (4) inches in diameter, approved by the highway department, with the words printed thereon, "U.S. Mail," is attached to the rear of such vehicle.

Sec. 16-192. PARKING, STOPPING, STANDING PROHIBITED IN SPECIFIED PLACES.
  1. 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:

    1. On a sidewalk.

    2. In front of a public or private driveway.

    3. Within an intersection.

    4. Within fifteen (15) feet of a fire hydrant.

    5. On a crosswalk.

    6. Within twenty (20) feet of a crosswalk at an intersection.

    7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway.

    8. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the commission indicate a different length by signs or markings.

    9. Within fifty (50) feet of the nearest rail or railroad crossing or within eight (8) feet, six (6) inches of the center of any railroad track, except while a motor vehicle with motive power attached is loading or unloading railroad cars.

    10. Within twenty (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 seventy-five (75) feet of the entrance when properly posted.

    11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

    12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

    13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

    14. At any place where official signs prohibit stopping.

  2. 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.

Sec. 16-193. PARKING WITHIN EIGHTEEN INCHES OF CURB:

  1. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right hand wheels of the vehicle parallel to and within eighteen (18) inches of the right hand curb.

  2. Vehicles may be parked or stopped with the left hand wheels adjacent to and within eighteen (18) inches of the left hand curb of a one-way roadway.
[Text missing]...roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.


Sec. 16-195. COMMISSION AUTHORIZED TO PLACE SIGNS PROHIBITING OR RESTRICTING PARKING, STOPPING AND STANDING.


The commission, with respect to highways under its jurisdiction, may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, as evidenced by resolution or order entered in its minutes, stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. The signs shall be official signs and not person shall stop, stand or park any vehicle in violation of the restrictions stated on the signs.


Sec. 16-196. PARKING PRIVILEGE FOR PHYSICALLY DISABLED.
  1. Insignia required. A physically disabled person who displays upon the motor vehicle parked by him, or under his direction and for his use, a distinguishing insignia provided for by any governmental body may exercise the parking privileges provided in this section. Such person may be exempt from liability for any violation with respect to such parking, except as provided in sections 16-83 and 16-191, and except where such parking would create a dangerous situation or impede the normal flow of traffic. The distinguishing insignia shall be displayed on the motor vehicle in the manner prescribed by the governmental body issuing the insignia.

  2. Application for insignia. A person desiring to have a distinguishing insignia issued to him in the community shall submit to the commission:

    1. An application therefor on a form furnished by the commission.

    2. A certificate issued by a licensed physician stating that the applicant is physically disabled within the meaning of this section.

  3. Commission to grant insignia. Upon receipt of the application and the physician's certificate, if the commission finds that the applicant qualifies for such parking privileges, the commission may issue the distinguishing insignia to such applicant.

  4. Rules. The commission may adopt and promulgate rules and regulations needed to administer the provisions of this section.

  5. Violation of section. A person who violates any provision of this section is guilty of a misdemeanor and, in addition to any other penalty imposed, the distinguishing insignia issued to such person may be recalled by the commission.

  6. Physically disabled person defined. In this section, unless the context otherwise requires, "physically disabled person" means any person who has sustained a permanent disability rendering it difficult and burdensome for such person to walls, or who may be similarly disabled for such period of time as the attending physician may estimate.

Sec. 16-197. REMOVAL OF ILLEGALLY STOPPED VEHICLES.

  1. When any police officer finds a vehicle standing upon a highway in violation of the provisions of section 16-191, the officer is authorized to move the vehicle or require the driver or other person in charge of the vehicle to move the same to a position off the paved or main-traveled part of the highway.

  2. Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel, in such position or under such circumstances as to obstruct the normal movement of traffic.

  3. Any police officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway:

    1. When a report has been made that such vehicle has been stole or taken without the consent of its owner.

    2. When the person(s) in charge of such vehicle are unable to provide for its custody or removal.

    3. When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.

    4. When any vehicle is left unattended for more than four (4) hours upon the right-of-way of any freeway which has full control of access and no crossings as grade.

    5. When any vehicle is left unattended for more than two (2) hours upon the right-of-way of any freeway, within the boundaries of a city, which has full control of access and no crossings at grade.

Sec. 16-198. STOP REQUIRED BEFORE EMERGING FROM ALLEY OR DRIVEWAY.


The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private 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 closely approaching vehicles on the roadway.


Sec. 16-199. CERTAIN VEHICLES REQUIRED TO STOP AT RAILROAD CROSSINGS.

  1. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying or returning after delivery of explosive substance of flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop thcr vehicle within fifty (50) but not less than fifteen (15) feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of train, except as provided in this chapter, and shall not proceed until he can go safely. The driver of the vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.

  2. No stop need be made at such crossing where a police officer or a traffic-control signal directs traffic to proceed.

  3. This section shall not apply at street-railway grade crossings within a business or residence district.
(Secs. 16-200 - 16-210. RESERVED.)



DIVISION 4. SPEED RESTRICTIONS


Sec. 16-211. FREEWAY DEFINED.

In this article, unless the context otherwise requires, "freeway" means a highway in respect to which the owners of abutting lands have no right of or easement access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access.


Sec. 16-212. MAXIMUM SPEED LIMIT.


It is unlawful for any person to drive a motor vehicle at a speed in excess of the posted speed limit.


Sec. 16-213. MINIMUM SPEED LIMIT.
  1. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

  2. Whenever the commission determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operator or in compliance with law.

  3. Law enforcement officers are authorized to enforce this section by directions to drivers; and in the event of apparent willful disobedience to this section and refusal to comply with the direction of an officer in accordance with this section, the continued slow operation by a driver is an offense.

Sec. 16-214. SPEED LIMITS FOR MOTOR-DRIVEN CYCLES.


No person shall operate any motor-driven cycle at any time mentioned in section 16-71 at a speed greater than thirty-five (35) miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred (300) feet ahead.


Sec. 16-215. SPEEDS TO BE REASONABLE AND PRUDENT.

  1. No person shall drive a vehicle on a roadway at a speed greater than is reasonable and prudent under the circumstances,conditions and actual and potential hazards then existing.

  2. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyanceon, or entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

  3. Any speeds in excess of the posted limit shall be prima facie evidence that the speed is too great and therefore unreasonable and unlawful.

  4. A reasonable and safe prima facie speed limit shall be effective when appropriate visible signs giving notice thereof are erected at the intersection or other appropriate places or part of the roadway.

Sec. 16-216. SPEED RESTRICTION ON BRIDGES AND ELEVATED STRUCTURES.

  1. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure, when the structure is sign posted as provided in this section.

  2. The commission upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway; an if it thereupon finds that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this article, the commission shall determine and declare the maximum speed of vehicles which the structure can withstand, and shall cause or permit suitable signs stating distance of three hundred (300) feet before each end of the structure.

  3. Upon the trial of any person charged with a violation of this section, proof of determination of the maximum speed by the commission and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety on the bridge or structure.

Sec. 16-217. SPEED LIMITS FOR SOLID-RUBBER-TIRED VEHICLES.


No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten (10) miles per hour.


Sec. 16-218. ESTABLISHMENT AND AMENDMENT OF SPEED LIMITS.


When the commission determines upon the basis of an engineering and traffic investigation that any prima facie speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any highway, the commission may determine and declare a reasonable and safe prima facie speed limit thereat which shall be effective at such times as may be determined when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway.


Sec. 16-219. SPEED LIMITS ON FREEWAYS AUTHORIZED TO BE VARIABLE.

When the commission determines upon the basis of an engineering and traffic survey that the safe and orderly movement of traffic upon any highway which is a freeway will be facilitated by the establishment of variable speed limits, the commission may erect, regulate and control signs upon the highway which is a freeway, or any portion thereof, which sign shall be so designed as to permit display of different speed limits at various times of the day or night. Such signs shall be of sufficient size and clarity to give adequate notice of the applicable speed limit. The speed limit upon the freeway at a particular time and place shall be that which is then and there displayed upon such sign.


Sec. 16-220. RACING AND DRAG RACES.

  1. Prohibited. No person shall drive any vehicle in any race, speed competition or contest drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or of the purpose of making a speed record on a street or highway, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.

  2. Drag race defined. Drag race is defined as the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course, from the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

  3. Racing defined. Racing is defined as the use of one or more vehicles in an attempt to out gain, outdistance, or prevent another vehicle from passing.

  4. First offense. A person who violates this section shall be punished upon a first conviction by imprisonment for not more than ninety (90) days, by a fine of not more than three hundred dollars ($300.00), or both.

  5. Second subsequent offenses. When a second or subsequent violation is committed within a period of twenty-four (24) months, and conviction occurs, such person shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, and in the discretion of the court, by a fine of not less than one hundred fifty dollars ($150.00) nor more than three hundred dollars ($300.00), or both. No judge may grant probation to or suspend the imposition of a jail sentence of any person for such a second or subsequent conviction.

  6. Concurrent sentence and continuation of employment. The court may, upon pronouncement of any jail sentence under this section, in cases of extreme hardship, provide in the sentence that the defendant may be permitted, if he is employed and can continue his employment, to continue such employment for not more than twelve (12) hours per day nor more than six (6) days per week, and the remaining day, days, or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment and no longer.

  7. Suspension of driving privileges; forfeiture of license. When any person is convicted of a violation of the provisions of this section, the judge may, upon a first conviction, and shall upon a second or subsequent conviction for an offense committed within a period of twenty-four (24) months require the surrender to him of any operator's or chauffeur's license of such person and immediately forward same to the department with the abstract of conviction. The judge may upon a first conviction and shall upon a subsequent conviction for an offense committed within a period of twenty-four (24) months order the suspension of the driving privileges in the community of such person for a period not to exceed ninety (90) days.

  8. Council may authorize races. The council may give authorization in writing for any organized and properly controlled event otherwise prohibited by this section to utilize a highway or part of a highway to be utilized, and any special conditions and council may require for the particular event.

Sec. 16-221. DRIVING AT SPEED WHICH CAUSES TRAILER TO SWAY.


Any person who drives a vehicle towing a trailer or semi-trailer at a rate of speed which causes the trailer or semi-trailer to sway laterally from the line of traffic is guilty of a misdemeanor.


Sec. 16-222. CHARGE OF VIOLATING TO SPECIFY ALLEGED SPEED OF VIOLATOR; SPEED LIMIT NOT TO RELIEVE PLAINTIFF OF PROVING NEGLIGENCE.

  1. In every charge of violation of any speed regulation in this article, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the prima facie speed applicable within the district or at the location.

  2. The provisions of this article declaring maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.
(Secs. 16-223 - 16-230. RESERVED.)



DIVISION 5. DRIVING WHILE INTOXICATED; RECKLESS DRIVING

Sec-16-231. TESTING FOR ALCOHOLIC CONTENT OF BLOOD, BREATH OR URINE; WHEN GIVEN; CONSEQUENCES OF REFUSAL.

  1. Implied consent. Any person who operates a motor vehicle within the community shall be deemed to have given consent, subject to the provisions of the following section to a chemical test or tests of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the influence of drugs or intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actually physical control of a motor vehicle upon the highways of this community while under the influence of drugs or intoxicating liquor. The law enforcement agency which such officer represents shall designate which of such tests shall be administered in all cases except where circumstances preclude its use.

  2. Fifteen-minute waiting period before giving test. Following the arrest by a law enforcement officer, such officer shall allow a period of fifteen (15) minutes to elapse from the time the violator is stopped before administering any test prescribed by the terms of subsection (a) of this section. During such period of time the law enforcement officer shall inform the violator that his privilege of driving in the community will be suspended or denied if he refuses to submit to the test.

  3. Persons incapable of refusal. Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) and the test or tests may be administered, subject to the provisions of the following section.

  4. Refusal to submit. If any person under arrest refuses to submit to a chemical test designated by the law enforcement agency as provided in subsection (a), none shall be given. The community court, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actually physical control of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor or drugs and that the person has refused to submit to the test, shall suspend for a period of six (6) months his privilege of operating a motor vehicle within this community subject to review as provided in this section.

  5. Notification of suspension. Upon suspending the operating privilege of any person, the community court shall immediately notify the person in writing and upon his request shall afford him and opportunity for a hearing. The hearing shall cover the issues of whether a law enforcement officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle upon the highways of this community while under the influence of intoxicating liquor or drugs, whether the person was placed under arrest, and whether he refused to submit to the test. The community court shall order that the suspension either be rescinded or sustained.

  6. State to be notified. When it has been finally determined under the procedures of this section that the privilege to operate a motor vehicle within this community has been suspended, the clerk of the community court shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he has a license.

Sec. 16-232. DRIVING WHILE INTOXICATED; PROCEDURE FOR GIVING TEST.

  1. Violations. It is unlawful and punishable as provided in section 16-234 for any person who is under the influence of intoxicating liquor or drugs to drive or be in actual physical control of any vehicle within the community.

  2. Presumptions in evidence. In the trial of any civil or criminal action or proceeding for a violation of subsection (a) of this section relating to driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:

    1. If there was at the time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.

    2. If there was at the time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

    3. If there was at that time 0.10 percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.

    4. Paragraphs 1, 2, or 3 of this subsection shall not be construed as limiting the introduction of any competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor.

  3. Basis for measurements. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.

  4. When test is considered valid. Chemical analysis of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this section shall have been performed according to methods approved by the Arizona State Department of Health and by a person possessing a valid permit issued by the Arizona State Department of Health for such purpose.

  5. Persons qualified to administer test. When a person shall submit to a blood or urine test under the provisions of the preceding section, only a physician or a registered nurse, or other qualified person, other than the arresting officer, may withdraw blood or take the urine specimen for the purpose of determining the alcoholic content therein. Such limitation shall not apply to taking of breath specimens.

  6. Person tested authorized to have own physician, etc. The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

  7. Results to be made available to person tested. Upon the request of the person who shall submit to a chemical test or tests, full information concerning the test or tests shall be made available to him or his attorney.

  8. Refusal admissible in evidence. If a person under arrest refuses to submit to a chemical test under the provisions of the preceding section, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising from acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle upon the highways of this community while under the influence of intoxicating liquor.

Sec. 16-233. DRIVING UNDER THE INFLUENCE OF DRUGS.


It is unlawful and punishable as provided in the following section for any person who, is a habitual user of or under the influence of any narcotic drug to a degree which renders him incapable of safety [sic] driving a vehicle to drive within the community. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of the community shall not constitute a defense against any charge of violating this subsection.


Sec. 16-234. PENALTY FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE OF DRUGS.

  1. A person who is convicted of a violation of sections 16-232 or 16-233 shall be punished upon a first conviction by imprisonment for not less than one day nor more than six (6) months, by a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00), or both. In addition, the judge may suspend the driving privileges of such person for a period not to exceed ninety (90) days.


  2. When a second or subsequent offense for which a conviction occurs within a period of twenty-four (24) months such person shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months, and, in the discretion of the court, by a fine of not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00), or both. No judge may grant probation to or suspend the imposition of a jail sentence of any person for a second or subsequent conviction.

  3. The court may, upon pronouncement of any jail sentence under this section in cases of extreme hardship, provide in the sentence that the defendant may be permitted, if he is employed and can continue his employment, to continue said employment for not more than twelve (12) hours per day no more than six (6) days per week, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment and no longer.

Sec. 16-235. RECKLESS DRIVING.
  1. Violations. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

  2. First offense. A person convicted of reckless driving shall be punished upon a first conviction by imprisonment for not less than five (5) nor more than ninety (90) days, by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00), or both.

  3. Second and subsequent offenses. When a second or subsequent offense is committed within a period of twenty-four (24) months, and conviction occurs, such person shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, and in the discretion of the court, by a fine of no less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or both. No judge may grant probation to or suspend the imposition of a jail sentence of any person for such a second or subsequent conviction.

  4. Concurrent sentence and continuation of employment. The court may upon pronouncement of any jail sentence under this section, in cases of extreme hardship provided in the sentence that the defendant may be permitted, if he is employed and can continue his employment, to continue said employment for not more than twelve (12) hours per day nor more than six (6) days per week, and the remaining day, days, or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment and no longer.

  5. Suspension of driving privileges. The court may upon a first conviction and shall upon a subsequent conviction for an offense committed within twenty-four (24) months order the suspension of the driving privileges in the community of such person for a period not to exceed ninety (90) days.
Secs. 16-236 - 16-240. RESERVED.



ARTICLE VII. ACCIDENTS

Sec. 16-241. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.
  1. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 16-246. Every such stop shall be made without obstructing traffic more than is necessary.

  2. Any person failing to stop or to comply with the requirements under the circumstances shall be punished by imprisonment in the community jail for not less than thirty (30) days nor more than six (6) months, by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or both.

  3. The judge shall revoke the privilege of driving in the community of the person so convicted.

Sec. 16-242. ACCIDENTS INVOLVING DAMAGE TO VEHICLE.


The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 16-246. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with the requirements under the circumstances is guilty of a misdemeanor.


Sec. 16-243. DUTY UPON STRIKING UNATTENDED VEHICLE.


The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle of the vehicle, of the name and address of the driver, and owner of the vehicle striking the unattended vehicle or shall leave in conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.


Sec. 16-244. DUTY UPON STRIKING FIXTURES UPON A HIGHWAY.


The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of that fact and of his name and address and of the registration number of the vehicle he is driving, and shall upon request, exhibit his operator's or chauffeur's license and shall make report of the accident when and as required in section 16-247.


Sec. 16-245. IMMEDIATE REPORTS OF CERTAIN ACCIDENTS.


The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately by the quickest means of communication, whether oral or written, give notice of the accident to the community police department.


Sec. 16-246. DUTY TO GIVE INFORMATION AND RENDER AID.


The driver of any vehicle involved in an accident resulting in injury or to death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request exhibit his operator's or chauffeur's license to the person struck or the driver or occupants of a person attending any vehicle collided with and shall render to any person injured in the accident reasonable assistance, including the making of arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.


Sec. 16-247. WRITTEN REPORTS OF ACCIDENTS.

  1. The driver of a vehicle involved in an accident resulting in bodily injury to or death or [sic) of any person or total property damage to an apparent extent of one hundred dollars ($100.00) or more shall, within five (5) days after the accident, forward a written report of the accident to the community police department.

  2. The community police department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports when the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

Sec. 16-248. WHEN DRIVER IS UNABLE TO REPORT.

  1. When the driver of a vehicle is physically incapable of making an immediate report of an accident as required in the preceding section, and there was another occupant in the vehicle at the time of the accident capable of making a report, the occupant shall make or cause to be made the report not made by the driver.

  2. When the driver is physically incapable of making a written report as required in the preceding section and the driver is not the owner of the vehicle, than the owner of the vehicle involved in the accident shall, within five (5) days after learning of the accident, make the report not made by the driver.

Sec. 16-249. ACCIDENT REPORT FORMS.

  1. The clerk of the community court shall prepare and upon request, supply to law enforcement agencies, coroners, garages, and other suitable agencies or individuals, forms for accident reports required under this article, appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by the persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.

  2. Every accident report required to be made in writing shall be made on the appropriate form approved by the commission and shall contain all of the information required therein unless not available.

Sec. 16-250. PENALTY FOR FAILURE TO REPORT.


The judge shall suspend the privilege of driving in the community of any person failing to report an accident a provided by this article until the report has been filed. Any person convicted of failing to make a report as ire by this article shall be punished as provided in section 16-2.


Sec. 16-251. CORONERS TO REPORT.


Every coroner or other official performing like functions shall on or before the tenth day each month report in writing to the clerk of the community court the death of any person within the community during the preceding calendar month as the result of a traffic accident, giving the time and place of the accident and the circumstances relating thereto.


Sec. 16-252. GARAGES TO REPORT.


The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in section 16-247, or struck by a bullet, shall report to the community police within twenty-four (24) hours after the motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of the vehicle.


Sec. 16-253. ACCIDENT REPORTS CONFIDENTIAL.


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 community police or federal and state agencies having use of the records, for accident prevention purposes, or for the administration of the laws of the State of Arizona relating to the deposit of security and proof of financial responsibility by persons of security and proof of financial responsibility by persons driving or the owners of motor vehicles; except that a community judge may require the disclosure of the identity of a person involved in an accident when his identity is not otherwise known or when the person denies his presence at the accident. No such report shall be used as evidence in any trial, civil, or criminal, arising out of an accident, except that the community police shall furnish upon demand of any court, a certificate showing that a specified accident report has or has not been made to the community police department solely to prove a compliance or a failure to comply with the requirement that a report be made to the community police department.

(Secs. 16-254 - 16-260. RESERVED.)



ARTICLE VIII. PROCEDURE IN CRIMINAL CASES

Sec. 16-261. PARTIES TO A CRIME.

A person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared in this chapter to be a crime, whether individually or in connection with one or more persons or as a principal, agent or accessory, is guilty of the offenses, and a person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this chapter is likewise guilty of the offense.


Sec. 16-262. OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.


It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.


Sec. 16-263. WHEN PERSON ARRESTED TO BE TAKEN IMMEDIATELY BEFORE A JUDGE.

When a person is arrested for any violation of this chapter punishable as a misdemeanor, the arrested person shall be immediately taken before a community judge in any of the following cases:
  1. When a person arrested demands an immediate appearance before a judge.

  2. When the person is arrested upon a charge of negligent homicide.

  3. When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or drugs.

  4. When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damages to property.

  5. When it reasonably appears to the arresting officer that the person arrested is about to leave the jurisdiction of the community.

  6. In any other event when the person arrested refuses to give his written promise to appear in court as provided in this article.

Sec. 16-264. WHEN PERSON ARRESTED FOR MISDEMEANOR TO BE GIVEN FIVE DAYS NOTICE TO APPEAR IN COURT.

  1. Contents of notice. When a person is arrested for any violation of this chapter punishable as a misdemeanor, and the person is not immediately taken before a judge as required by the previous section, the arresting officer shall prepare in quadruplicate written notice to appear in court, containing the name and address of the person, the license number of his vehicle, if any, the offense charged and the time and place when and where the person shall appear in court.

  2. Hearing to be at least five days later. The time specified in the notice to appear shall be at least five (5) days after the arrest unless the person arrested demands an earlier hearing.

  3. Place. The place specified in the notice to appear shall be before a judge within the community.

  4. Arrested person to sign. The arrested person, in order to secure release as provided in this section, shall give his written promise so (sic] to appear in court by signing at least one copy of the written notice prepared by the arresting officer. The officer shall deliver a copy of the notice to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.

  5. Removal of officer for violation of section. An officer violating any of the provisions of this section is guilty of misconduct in office and is subject to removal from office.

Sec. 16-265. VIOLATION OF PROMISE TO APPEAR.

  1. Any person willfully violating his written promise to appear in court, given as provided in this article, is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

  2. A written promise to appear in court may be complied with by an appearance by counsel.

Sec. 16-266. DISPOSITION OF TRAFFIC VIOLATION CHARGE AGAINST JUVENILE UNDER EIGHTEEN.


A court shall not dispose of a moving traffic violation charge arising from the issuance of a traffic citation to a juvenile under eighteen (18) years of age unless a parent or guardian of such juvenile appears in court with such juvenile at the time of the disposition of such charge. In the event of unusual circumstances preventing the appearance of the parent or guardian, the court may waive the appearance and shall instead send written notice to the parent or guardian, if such be known, advising them of the charge and its disposition.


Sec. 16-267. PROCEDURE PRESCRIBED IN ARTICLE NOT EXCLUSIVE.

  1. The provisions of sections 16-261 through 16-265 shall govern all law enforcement officers in making arrests without a warrant for violations of this chapter, but the procedure prescribed in this article shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

  2. For any criminal offense alleged to have been committed in violation of this chapter wherein an officer is not authorized to arrest without a warrant, the officer may present such alleged violation before a judge in the same manner as any other misdemeanor and proceed either under a warrant of arrest or a summons and notice to appear.

Sec. 16-268. FORM FOR TRAFFIC CITATIONS.

  1. Every traffic-enforcement agency in this community shall use a uniform traffic ticket and complaint form for traffic citations adopted by the commission which shall be issued in books with citations in quadruplicate and meeting the requirements of this article.

  2. The chief administrative officer of every traffic enforcement agency shall be responsible for the issuance of the books and shall maintain a record of every book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued.

Sec. 16-269. DISPOSITION AND RECORDS OF TRAFFIC CITATIONS.

  1. Original deposited with court. Every traffic-enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this community shall deposit the original or a copy of the traffic citation with the court.

  2. Disposition required upon filing. Upon the deposit of the original or a copy of the traffic citation with the court, the original or a copy of the traffic citation may be disposed of only by trial in the community court or other official action by a judge of the court, including forfeiture of the bail or by deposit of sufficient bail with or payment of a fine to the clerk of the court by the person to whom the traffic citation has been issued by the traffic-enforcement officer.

  3. Unlawful disposition of citation. It is unlawful and unofficial misconduct for any traffic-enforcement officer or other officer or community employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in the manner other than as required by this article.

  4. Copy to chief administrative officer. The chief administrative officer of every traffic-enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to alleged violation of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

  5. Chief administrative officer to maintain record of disposition of all charges. The chief administer officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of disposition of the charge by the court in which the original or copy of the traffic citation was deposited.

Sec. 16-270. ILLEGAL CANCELLATION OF TRAFFIC CITATION; AUDIT OF CITATION RECORDS.

  1. Any person who cancels any traffic citation in any manner other than as provided in this article is guilty of a misdemeanor.

  2. Every record of traffic citations required in this article shall be audited annually.

Sec. 16-271. RECORD OF TRAFFIC CASES.

  1. Required. The court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court, and shall keep a record of every official action by the court, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture of bail, and the amount of fine or forfeiture resulting from every traffic complaintor citation deposited with or presented to the court.

  2. Report to state. Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this chapter or other law regulating the operation of vehicles on highways, the clerk of the court may prepare and immediately forward to the Arizona Highway Department an abstract of the record of the court covering the case in which the person was convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.

  3. Contents of report. The abstract must be made upon a form furnished by the court and shall include the name and address of the party charged, the number, if any, of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail forfeited and the amount of the fine or forfeiture as the case may be.

  4. Failure to comply. The failure, refusal, or neglect of a judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.

  5. Records open to public. The clerk of the court shall keep all abstracts received hereunder at its main office and they shall be open to public inspection during reasonable business hours.
(Secs. 16-272 - 16-280. RESERVED.)



ARTICLE IX. PEDESTRIANS' RIGHTS AND DUTIES

Sec. 16-281. RIGHT-OF-WAY IN CROSSWALKS.
  1. 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 approaching so closely from the opposite half of the roadway as to be in danger, into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in subsection (b) of the following section.

  2. When 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 the stopped vehicle.

Sec. 16-282. CROSSING AT OTHER THAN AT CROSSWALKS.

  1. 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.

  2. 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.

  3. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

Sec. 16-283. PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK.


Pedestrians shall move expeditiously, when practicable, upon the right half of crosswalks.


Sec. 16-284. PEDESTRIANS ON ROADWAYS.

  1. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.


  2. 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.


  3. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

Sec. 16-285. SCHOOL CROSSINGS.

  1. In front of school. In front of each school building, or school grounds abutting thereon, the commission by and with the advice of the school authorities is empowered to mark or cause to be marked a single crosswalk where children shall be required to cross the highway.

  2. Additional crossings. Additional crossings across highways not abutting on school grounds may be approved by the commission upon application of school authorities, with written satisfactory assurance given the commission that guards will be maintained by the school authorities at the crossings to enforce the proper use of the crossing by the school children.

  3. Marking and signs required. The commission shall provide for yellow marking of the school crossing, yellow marking of the center line of the roadway and the erection of portable signs indicating that vehicles must stop when persons are in the crossing. The commission shall also provide for the type and working of portable signs indicating that vehicles must stop when persons are in the crossing. The commission shall also provide for the type and working of portable signs indicating that school is in session and permanent signs providing warning of approach to school crossings.

  4. Placement of signs. When such crossings are established, school authorities shall place within the highway the portable signs indicating that school is in session, placed not to exceed three hundred (300) feet each side of the school crossings, and "stop when children in crosswalk" signs at school crossings. School authorities shall maintain these signs when school is in session and shall cause them to be removed immediately thereafter.

  5. Speed limit. No vehicle shall proceed at a speed to exceed fifteen (15) miles per hour when approaching the crosswalk and while between the portable signs placed on the highway indicating "school in session" and "stop when children in crosswalk."

  6. School in session defined. When the phrase "school in session" is used in this section, either referring to the period of time or to signs, it means during school hours or while children are going to or leaving school during opening or closing hours.

  7. Vehicles to obey signs. When the school authorities place and maintain the required portable "school in session" signs and "stop when children in crosswalk" signs, all vehicles shall come to a complete stop at the school crossing when the crosswalk is occupied by any person.



ARTICLE X. ABANDONED AND SEIZED VEHICLES

Sec. 16-291. DEFINITIONS.

As used in this article, unless the context requires otherwise, the following terms shall have the meanings herein ascribed to them.

Lost stolen, abandoned, or otherwise unclaimed vehicles means any trailer, vehicle, or semi-trailer of a type subject to registration under the laws of the State of Arizona or any other state or foreign government, which has been abandoned on a community highway, community property or elsewhere within the boundaries of the Fort McDowell Yavapai Indian Community. Evidence that a vehicle was left unattended for a period of thirty-six (36) hours within the right-of-way of a highway, road, street, or other thoroughfare, shall be prima facie evidence of abandonment.

Officer means a law enforcement officer.


Sec. 16-292. ABANDONMENT PROHIBITED; PRESUMPTION; REMOVAL.

  1. No person shall abandon a vehicle upon any street or on the right-of-way of any highway or thoroughfare.

  2. Any officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned, or otherwise unclaimed may remove or cause the removal of such vehicle from any street, highway or thoroughfare.

  3. The abandonment of any vehicle in a manner provided in this article shall constitute a presumption that the last registered owner of record is responsible for such abandonment, provided that a person who has filed:

    1. An affidavit that the vehicle has been stolen pursuant to the laws of any state or foreign government, or


    2. A stolen vehicle report with the tribal police department, or


    3. A report with the superintendent of the motor vehicle division of the Highway Department of Arizona pursuant to Arizona Revised Statutes, Section 28.314, shall not be subject to the provisions of this section.

Sec. 16-293. REQUIRED REPORT OF ABANDONED AND SEIZED MOTOR VEHICLES; VIOLATION.


Any person having knowledge and custody of a vehicle which is lost, stolen, abandoned, or otherwise unclaimed, or of a vehicle which has been seized pursuant to law or removed from the right-of-way of any highway, road, street or other community property, by order of a tribal police officer, a highway patrolman, or other authorized law enforcement officer, and which has been held for a period of fifteen (15) days, where not claim has been made for the return or possession thereof by any person legally entitled thereto, shall make a report thereof to the tribal police department within five (5) days after the expiration of the fifteen-day retention period for disposal of the vehicle by public auction and sale in accordance with this article. The report shall contain a complete description of the vehicle, the vehicle license or registration number, if any, the circumstance of the officer's removal or custody and other information which may be required by the tribal police department or the police commission. Any person who fails to make such report is guilty of a misdemeanor.


Sec. 16-294. NOTICE OF SALE.

  1. The tribal police department shall, upon receipt of a report as required by this article, make an inquiry to the Arizona Highway Department, Records Division, to ascertain the name and address of the owner or lienholder, of any, of the vehicle. If the vehicle appears to be registered in another state, the tribal police department shall make inquiry of the vehicle registration agency of such state to ascertain the name and address of the owner or lienholder, if any, of the vehicle.

  2. Upon receipt of information disclosing the name and address of the owner or lienholder, if any, the tribal police department shall, not less than fifteen (15) days prior to the date of taking such action, give to the owner or lienholder, if any, notice of its intention to sell the vehicle. Notice shall be given by registered or certified mail and request made from a return receipt.

  3. If the records of the Arizona Highway Department or the vehicle registration agency of another state, fail to disclose the name and address of the owner or lienholder, if any, and there appears to be no registered holder in any state or foreign country, or if the notice is returned marked "unclaimed" or "addressee unknown," then notice of the tribal police department's intention to sell shall be published once in a newspaper of general circulation in Maricopa County. The notice shall include a complete description of the vehicle and the place and date the vehicle was found, seized or taken into possession.

  4. Any person who has filed a report of an abandoned vehicle in accordance with this article shall within twenty-four (24) hours notify the tribal police department if the vehicle is claimed by the owner. Such notification shall be in the manner prescribed by the police commission.

Sec. 16-295. SALE OF VEHICLES.

  1. If at the expiration of fifteen (15) days from the mailing of the registered or certified notice, or upon the expiration of the fifteen (15) days from the publication as provided in this article, the vehicle is unclaimed, the tribal police department may sell the vehicle at public auction to the highest bidder upon notice of the sale published in one issue of a newspaper of general circulation in Maricopa County. The notice shall include a complete description of the vehicle to be sold and the time, place and date of sale, which shall not be less than five (5) nor more than ten (10) days following the date of publication of the notice.

  2. Prior to the sale at public auction of the abandoned, seized, lost or otherwise unclaimed vehicle, the tribal police department shall present to the tribal court evidence of compliance with this article by an affidavit signed under oath by a duly appointed law enforcement officer of the Fort McDowell Yavapai Indian Community. Such affidavit shall be made on a form approved by the police commission.

  3. The tribal court, upon submission of the affidavit provided for in subsection (b) and there being no proper responses to such notice, and just cause appearing, shall sign and order extinguishing arid permitting the sale of said vehicle at public auction.

Sec. 16-296. REQUIRED REPORT OF TOWED VEHICLES; VIOLATIONS.


Any vehicle moved, towed, or ordered by an officer into a garage, parking lot, storage yard or wrecking yard, without the consent of the owner, shall be reported within seventy two (72) hours by the person having custody thereof to the tribal police department, which shall send a copy of such report to the superintendent of the Arizona Highway Patrol. Any person who fails to make such report is guilty of a misdemeanor.

(Secs. 16-297 - 16-300. RESERVED.)




ARTICLE XI. BICYCLES AND PLAY VEHICLES

Sec. 16-301. APPLICATION OF PROVISIONS
  1. The parent of a child and the guardian of a ward shall not authorize of knowingly permit the child or ward to violate any of the provisions of this chapter.

  2. The regulations of this chapter in their application to bicycles shall apply when a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article.

Sec. 16-302. TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES.


Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by this chapter except as to special regulations in this article, and except as to those provisions of this chapter which by their nature can have no application.


Sec. 16-303. RIDING ON ROADWAYS AND BICYCLE PATHS.

  1. 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.

  2. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

  3. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use the path and shall not use the roadway.

Sec. 16-304. MANNER OF RIDING.

  1. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

  2. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

Sec. 16-305. CARRYING ARTICLES.


No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.


Sec. 16-306. LAMPS AND OTHER EQUIPMENT ON BICYCLES.

  1. Every bicycle when in use at night time shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on motor vehicles. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector.

  2. No person shall operate a bicycle equipped with a siren or whistle.

  3. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

Sec. 16-307. 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.

 

ARTICLE XI. BICYCLES AND PLAY VEHICLES

Sec. 16-301. APPLICATION OF PROVISIONS
  1. The parent of a child and the guardian of a ward shall not authorize of knowingly permit the child or ward to violate any of the provisions of this chapter.

  2. The regulations of this chapter in their application to bicycles shall apply when a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article.

Sec. 16-302. TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES.


Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by this chapter except as to-special regulations in this article, and except as to those provisions of this chapter which by their nature can have no application.


Sec. 16-303. RIDING ON ROADWAYS AND BICYCLE PATHS.

  1. 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.

  2. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

  3. Whenever a usable path for bicycles has ben provided adjacent to a roadway, bicycle riders shall use the path and shall not use the roadway.

Sec. 16-304. MANNER OF RIDING.

  1. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

  2. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

Sec. 16-305. CARRYING ARTICLES.


No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.


Sec. 16-306. LAMPS AND OTHER EQUIPMENT ON BICYCLES.

  1. Every bicycle when in use at night time shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on motor vehicles. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector.

  2. No person shall operate a bicycle equipped with a siren or whistle.

  3. Every bicycle shall be equipped with a brake, which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

Sec. 16-307. 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.








Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630

Resolution No. Ft. McD 97-129

WHEREAS, the Fort McDowell Mohave-Apache Indian Community is in need of a modification of the Fort McDowell Tribal Code §16-271(b) because this section currently requires the Fort McDowell Tribal Court to report to the state the conviction or forfeiture of bail of any person who commits either a civil or criminal traffic is violation.

WHEREAS, the Fort McDowell Mohave-Apache Indian Community has reviewed other Tribal Codes to assess what their procedures are in reporting tribal traffic convictions to the state.

WHEREAS, a modified resolution would better serve the needs of the Community and the Tribal Court.

NOW, THEREFORE, BE IT RESOLVED, that the Fort McDowell Mohave-Apache Indian Community hereby approves the redrafting of the Fort McDowell Tribal Code §16-271(b) to read as follows:

"Court may report to the state upon the discretion of the Tribal Court. Whenever any person is convicted of any offense for which this Code requires mandatory revocation of that person's operator's or chauffeur's license or a person forfeits bail for a charge of violating and provision of this chapter or other law regulating the operation of vehicles on highways, the Tribal Court shall require the surrender to it of the operator's and/or chauffeur's license then held by the person and the Court may forward the licenses to the Arizona Driver's License Division or may retain such licenses at the discretion of the Court."

CERTIFICATION

Pursuant to the authority contained in Article IV, 1 (f) and (i) of the Constitution and Bylaws of the Fort McDowell Mohave-Apache Indian Community, ratified by the Tribe on October 3, 1936, and approved by the Secretary of the Interior on November 24, 1930, the foregoing Resolution No. Fort McD 97-129 was adopted on this 4th day of December, 1997, at a Special Community Council meeting held at the Fort McDowell Mohave-Apache Indian Community, at which a quorum of 5 members were present and 0 were absent by a vote of 4 for and 0 opposed and 0 abstained.

Gilbert Jones, Sr.
President, Tribal Council

Rozelda Duenas

Secretary, Tribal Council

12-04-97
Date







Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630

Resolution No. Ft. McD 99-146

WHEREAS, Fort McDowell Mohave-Apache Indian Community ("Community") is a federally recognized Indian Tribe organized under the Indian Reorganization Act of 1934, 25 U.S.C.S. Sections 476 et. seq.; and

WHEREAS, the health, safety and welfare of the Community is a priority; and

WHEREAS, the Community has adopted a Law and Order Code that includes laws regarding the operation of vehicles in an effort promote the health, safety and welfare of the Community; and

WHEREAS
, it has become apparent that there is need for amendment to Chapter 16, Traffic and Motor Vehicles, Section 16-149, entitled "Operation of Vehicles on Approach of Authorized Emergency Vehicle", to require operators of vehicles to yield to authorized emergency vehicles, including police vehicles, when operated as emergency vehicles.

NOW, THEREFORE, BE IT RESOLVED, that Fort McDowell Mohave-Apache Community Council amends Chapter 16, Traffic and Motor Vehicles, Section 16-149, entitled "Operation of Vehicles on Approach of Authorized Emergency Vehicle" of the Law and Order Code to read as follows:

Sec. 16-149 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE

  1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of the vehicle, including a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell:

    1. The driver of every 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 the position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

    2. 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 five hundred (500) feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

  2. 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.
CERTIFICATION

Pursuant to the authority contained in Article IV, Section 2(h) of the Constitution and Bylaws of the Fort McDowell Mohave-Apache Indian Community, ratified by the Tribe on October 3, 1936, and approved by the Secretary of the Interior on November 24, 1936, the foregoing Resolution No. Fort McD 99-146 was adopted on this 9th day of November, 1999, at a Special Community Council meeting held at the Fort McDowell Mohave-Apache Indian Community, at which a quorum of 5 members were present and 0 were absent by a vote of 4 for and 0 opposed and 0 abstained.

Bernadine Boyd
President, Tribal Council

Rozelda Duenas
Secretary, Tribal Council

11-09-99
Date








Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630

President Dr. Clinton M. Pattea
Vice President
Robin Russell
Treasurer
Larry Doka
Council Member
Gwen Bahe
Council Member
Benedict Smith, Sr.

Resolution No. Ft. McD 2000-145

WHEREAS the Fort McDowell Yavapai Nation Tribal Council (Tribal Council) has the power "[t]o govern the civil and criminal conduct of persons within the jurisdiction of the Nation." Article V, Section 13 (A)(2), 1999 Constitution of the Fort McDowell Yavapai Nation.

WHEREAS the Tribal Council has the power "[t]o enact and enforce ordinances regulating ...crimes, law enforcement" Article V, Section 13(A)(3), 1999 Constitution of the Fort McDowell Yavapai Nation.

WHEREAS the Tribal Council has the power "[t]o protect and regulate the public health, safety and morals of the Nation." Article V, Section 13(A)(5), 1999 Constitution of the Fort McDowell Yavapai Nation.

WHEREAS
the Tribal Council has the power "[t]o enact laws, ordinances, resolutions and take such actions as shall be necessary or incidental to the [above-stated] legislative powers." Article V, Section 13(B)(1), 1999 Constitution of the Fort McDowell Yavapai Nation.

WHEREAS the Tribal Council has determined that victims of crimes are entitled to and need certain protections.

IT IS RESOLVED THAT the Tribal Council enacts the following laws:
  1. Adopting Sections 16-212 and 16-215 of the Law and Order Code, copies of which are attached as Appendix A
CERTIFICATION


Pursuant to the authority stated in Article V, Section 13(A)(2) & (3) and (B)(1) & (2), Constitution of the Fort McDowell Yavapai Nation, revised by the Nation on October 19, 1999 and approved by the Secretary of Interior November 12, 1999, the foregoing Resolution was adopted the 13th of December, 2000, by the Tribal Council of the Fort McDowell Yavapai Nation, at which quorum of 4 members were present and 1 was absent, by a vote of 3 for and 0 opposed and 0 abstained.

Dr. Clinton M. Pattea
President
Fort McDowell Yavapai Nation

Mona Nunez
Secretary

December 13, 2000
Date


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