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Law
and Order Code of the Fort McDowell Yavapai Community, Arizona
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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:
- 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.
- 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.
- 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.
- 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.
- 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
|
- 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.
- 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:
- where
a different place is specifically referred to in a given section.
- 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.
- 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.
- 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.
- 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.
- Exceptions
enumerated. The driver of an authorized emergency vehicle may:
- Park
or stand, irrespective of the provisions of this chapter.
- Proceed
past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation.
- Exceed
the prima facie speed limits so long as he does not endanger life
or property.
- Disregard
regulations governing direction of movement or turning in specified
direction.
- 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.
- 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.
- A person
is guilty of a misdemeanor who:
- 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.
- In
any other manner willfully or maliciously interferes with or prevents
the running or operation of the vehicle.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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
- 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.
- A person
holding a valid chauffeur's license need not procure an operator's
license.
- A person
licensed as an operator or chauffeur may exercise the privilege thereby
granted upon all streets and highways in this community.
- 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.
- 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.
- 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:
- [text
missing]
- [text
missing]...use thereof by another.
- To
display or represent as one's own an operator's or chauffeur's license
not issued to him.
- To permit
any unlawful use of an operator's or chauffeur's license issued to
him.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Requirements
enumerated. The following brake equipment is required:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
|
- 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.
- 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.
-
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.
-
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.
- 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.
- 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.
- 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.
- 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.
-
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.
- 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.
- 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.
- Wipers
to be in good order. Every windshield wiper upon a motor vehicle
shall be maintained in good working order.
Sec. 16-59. TIRES.
- 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.
- 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.
- 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.
- 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].
- 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.
- 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.
- 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.
- 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)
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.
- 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:
- 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.
- 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.
-
At least two (2) red cloth flags, not less than twelve (12)
inches square, with standards to support same.
- 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.
- 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.
- 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.
-
A lighted fuse shall be immediately placed on the roadway at the
traffic side of the motor vehicle unless electric lanterns are
displayed.
- 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:
- 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.
-
One at the traffic side of the vehicle approximately ten (10)
feet rearward or forward thereof.
- 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:
- One
red electric lantern shall be immediately placed on the roadway
at the traffic side of the vehicle.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- On every
bus or truck eighty (80) inches or more in overall width, in addition
to the requirements subsection (a):
- One
the front, two (2) clearance lamps, one at each side.
- On
the rear, two (2) clearance lamps, one at each side.
- On
each side two (2) side marker lamps, one at or near the front
and one at or near the rear.
- On
each side, two (2) reflectors, one at or near the front and one
at or near the rear.
- On every
truck tractor:
- On
the front, two (2) clearance lamps, one at each side.
- On
the rear, one stop light.
- On
every trailer or semi-trailer having a gross weight in excess of three
thousand (3,000) pounds:
- On
the front, two (2) clearance lamps one at each side.
- On
each side, two (2) side marker latngs, one at or near the front
and one at or near the rear.
- On
each side, two (2) reflectors, one at or near the front and one
at or near the rear.
- On
the rear, two (2) clearance lamps, one at each side, and two (2)
reflectors, one at each side, and one stop light.
- On every
pole trailer in excess of three thousand (3,000) pounds of gross weight:
- On
each side, one side marker lamp and one clearance lamp which may
be in combination, to show to the front, side and rear.
-
On the rear of the pole trailer or load, two (2) reflectors, one
at each side.
- On every
trailer, semi-trailer or pole trailer weighing three thousand (3,000)
pounds, gross, or less:
- On
the rear, two (2) reflectors, one on each side.
- 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.
- 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.
- 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.
- 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.
- 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.
- The
rear reflectors on a pole trailer may be mounted on each side of the
bolster or load.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- A motor
vehicle may be equipped and, when required under this chapter, shall
be equipped with the following signal lamps or devices:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Such
damage maybe recovered in a civil action brought by the council.
Sec. 16-104. WIDTH OF |