HomeMy WebLinkAboutTitle_10 Vehicles and Traffic
Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04 General Provisions
10.08 Rules of the Road
10.12 Turning Movements
10.16 Traffic-control Devices
10.20 One-way Streets and Alleys
10.24 Speed Limits
10.28 Stop Intersections
10.32 Stopping, Standing, and Parking
10.34 Handicapped Parking
10.40 Taxicabs and Buses
10.42 Establishment of Truck Routes
10.44 Miscellaneous Regulations
10.48 Bicycles
10.52 Pedestrians
10.56 Traffic Accidents and Violations
10.60 Enforcement
10.64 Abandoned or Junked Vehicles
X-1 10/2005
Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010 Title for Citation
10.04.020 Definitions
10.04.030 Official Time Standard
10.04.040 District Boundaries Incorporated - Schedule I
10.04.050 Police Department Administration and Enforcement
10.04.060 Emergency and Experimental Regulations Authorized When
10.04.070 Obedience to Traffic Code Required
10.04.080 State License Plates Required
10.04.090 Obedience to Police and Fire Department Officials
10.04.100 Obedience by Public Employees
10.04.110 Operating Without Driver's License or Permit Prohibited
10.04.010 Title for Citation
This Title 10 may be known and cited as the "traffic ordinance." (Prior code S 11.04.785)
10.04.020 Definitions
The following words and phrases, when used in this title, shall, for the purpose of this title,
have the meanings respectively ascribed to them in this chapter:
A. "Authorized emergency vehicle" means vehicles of the fire department, police vehicles,
and such ambulances and emergency vehicles of municipal departments or public
service corporations as are designated or authorized by the Director of Public Safety.
B. "Bicycle" means every device propelled by human power upon which any person may
ride, having two tandem wheels either of which is over twenty inches in diameter, and
including any device generally recognized as a bicycle, though equipped with two front
or two rear wheels.
C. "Commercial vehicle" means every vehicle designed, used, or maintained primarily for
the transportation of property.
D. "Crosswalk" means:
1. That part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalks on opposite sides of the highway,
measured from the curbs, or in the 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.
E. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers or materials.
F. "Driver" or "operator" means every person who drives or is in actual physical control
of a vehicle.
G. "Freight curb loading zone" means a space adjacent to a curb for the exclusive use
of vehicles during the loading or unloading of freight or passengers.
H. "Intersection" means the area embraced within the prolongation or connections of
the lateral curblines or, if none, then the lateral boundary lines of the roadways of
two highways which join one another at, or approximately at, right angles, or the
X-2 10/2005
area within which vehicles traveling upon different highways joining at any other
angle may come in conflict.
I. "Laned roadway" means a roadway which is divided into two or more clearly marked
lanes for vehicular traffic.
J. "Motorcycle" means every motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
excluding a tractor.
K. "Motor-driven cycle" means every motorcycle, including every motor scooter, with
a motor which produces not to exceed five horsepower, and every bicycle with
motor attached.
L. "Motor vehicle" means every vehicle which is self-propelled and every vehicle which
is propelled by electric power obtained from overhead trolley wires, but not operated
upon rails.
M. "Official traffic control devices" means all signs, signals, markings, and devices, not
inconsistent with this title, placed or erected by authority of a public body or official
having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
N. "Park," when prohibited, means the standing of a vehicle, whether occupied or not,
otherwise than temporarily, forthe purpose of, and while actually engaged in loading
or unloading.
O. "Passenger curb loading zone" means a place adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
P. "Pedestrian" means any person afoot.
O. "Person" means every natural person, firm, copartnership, association, or
corporation.
R. "Police officer" means every officer of the municipal police department, or any
officer authorized to direct or regulate traffic or to make arrests for violations of
traffic regulations.
S. "Private road" or "driveway" means every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied
permission from the owner but not by other persons.
T. "Railroad" means a carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
U. "Railroad train" means a steam engine, electric, or other motor, with or without cars
coupled thereto, operated upon rails, except streetcars.
V. "Right-of-way" means the privilege of the immediate use of the roadway.
W. "Roadway" means that portion of a street or highway improved, designed, or
ordinarily used for vehicular travel. In the event a highway includes two or more
separate roadways, the term "roadway" as used herein shall refer to any such
roadway separately, but not to all such roadways collectively.
X. "Sidewalk" means that portion of a street between the curblines or the lateral lines
of a roadway and the adjacent property lines, intended for the use of pedestrians.
Y. "Stop," when required, means complete cessation of movement.
Z. "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 the directions of a police officer or traffic-control
sign or signal.
AA. "Safety zone" means the area or space officially set apart within a roadway for the
exclusive use of pedestrians, and which is protected or is so marked or indicated
by adequate signs as to be plainly visible at all times while set apart as a safety
zone.
X-3 10/2005
BB. "Street" or "highway" means the entire width between the boundary lines of every
way publicly maintained, when any part thereof is open to the use of the public for
purposes of vehicular travel, including avenues and alleys.
CC."Through or arterial highway" means every street or highway, or portion thereof, at
the entrances to which vehicular traffic from intersecting streets or highways is
required by law to stop before entering or crossing the same, and when stop signs
are erected as provided in this title.
DD."Traffic" means pedestrians, ridden or herded animals, vehicles, and other
conveyances, either singly or together, while using any street for purposes of travel.
EE. "Traffic-control signal" means any device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and to
proceed.
FF. "Traffic division" means the traffic division of the police department of this city, or,
in the event a traffic division is not established, then said term whenever used in this
title, shall be deemed to refer to the police department of the city.
GG."Vehicle" means every device in, upon, or by which any person or property is or may
be transported or drawn upon a highway, except devices moved by human power
or used exclusively upon stationary rails or tracks.
FF. "Ways of this city open to the public" means any highway, road, alley, lane, parking
area, or other public or private place adapted and fitted for public travel that is in
common use by the public. (Ord. 1179 S 1, 1985; prior code SS 11.04.010,
11.04.015, 11.04.020, 11.04.025, 11.04.030, 11.04.035, 11.04.040)
10.04.030 Official Time Standard
Whenever certain hours are named in this title, they shall mean standard time or daylight
saving time, as may be in current use in the city. (Prior code S 11.04.045)
10.04.040 District Boundaries Incorporated - Schedule I
A. The boundaries of the various districts within the City of Bozeman are more
particularly described in Schedule I attached to the ordinance codified in this
section.
S. Schedule I - Boundaries of Districts. The provisions of Title 18 of this code, as
amended, the short title of which is the zoning ordinance, are by this reference
incorporated herein and made a part hereof, the same as if fully set forth herein, for
the purpose of designating and specifying the boundaries of the various districts
within the city. (Prior code S 11.04.090 and 11.04.790)
10.04.050 Police Department Administration and Enforcement
It shall be the duty of the Director of Public Safety - Police to enforce the street traffic
regulations of the city and all of the state vehicle laws applicable to street traffic in the city, to
make arrests for traffic violations, to investigate accidents and to arrest and assist in the
prosecution of those persons charged with the violations of law causing or contributing to such
accidents, to cooperate with the other officers of the city in the administration of traffic laws and
in developing ways and means to improve traffic conditions and to carry out those duties specially
imposed by this title. (Ord. 1640 S 3, 2005; Ord. 1537 S 19, 2001; prior code S 11.04.095)
10.04.060 Emergency and Experimental Regulations Authorized When
The Director of Public Safety is empowered to make regulations necessary to make effective
the provisions of the traffic ordinances of the city and to make and enforce temporary or
experimental regulations to cover emergencies or special conditions. (Prior code S 11.04.110)
X-4 10/2005
10.04.070 Obedience to Traffic Code Required
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required
in Chapters 10.04 through 10.60. (Prior code S 11.04.120)
10.04.080 State License Plates Required
The owner of a motor vehicle shall register such vehicle with the Motor Vehicle Department
of the state, and shall further comply with all provisions of the Motor Vehicle Registration Act.
The owner shall display in a conspicuous place on such registered vehicle the proper license
plates, which must be legible at all times for a distance of one hundred feet. (Prior code S
11.04.410)
10.04.090 Obedience to Police and Fire Department Officials
No person shall willfully fail or refuse to comply with any lawful order or direction of a police
officer or fire department official. (Prior code S 11.04.125)
10.04.100 Obedience by Public Employees
The provisions of Chapters 10.04 through 10.60 shall apply to the driver of any vehicle owned
by or used in the service of the United States Government, the State of Montana, the County of
Gallatin, or the City of Bozeman, and it is unlawful for any driver to violate any of the provisions
of Chapters 10.04 through 10.60, except as otherwise permitted in Chapters 1 0.04 through 10.60,
or by state statute. (Prior code S 11.04.135)
10.04.110 Operating Without Driver's License or Permit Prohibited
It is unlawful for any person to operate any motor vehicle on the streets or roadways of the
city without all licenses or permits now or hereafter required by this title, or required by the
Montana Uniform Motor Vehicle Operator's and Chauffeurs' License Act and any amendments
thereto. It is unlawful for any person learning to drive a motor vehicle to operate the same upon
any arterial or through street of the city. It shall be the duty of the police officers of the city to
arrest any person violating the provisions of this section, and take possession of the vehicle so
unlawfully operated until satisfaction of any penalty imposed for such violation. (Prior code S
11.04.415)
X-5 10/2005
Chapter 10.08
RULES OF THE ROAD
Sections:
10.08.010 Safe, Properly Equipped Vehicle Required
10.08.020 Horns and Warning Devices Required
10.08.030 Brake Equipment and Lighting Equipment
10.08.040 Flag or Red Light at End of Load
10.08.050 Size and Weight of Vehicles, Trailers, Loads, and Tires - State
Regulations Applicable
10.08.060 Driving on Right Side of Street Required
10.08.070 Right-of-way at Intersections and When Entering Street
10.08.080 Meeting of Vehicles from Opposite Directions
10.08.090 Crossing Intersections or Railroads on Right Side Required
10.08.100 Following, Overtaking, and Passing Vehicles
10.08.110 Procedure on Approach of Authorized Emergency Vehicles
10.08.120 Exemptions for Authorized Emergency Vehicles
10.08.130 Unattended Vehicle - Brakes to Be Set and Engines Stopped
10.08.140 Starting Parked Vehicles - Right~of-way
10.08.150 Unobstructed View While Driving Required
10.08.160 Processions - Procedures for Drivers
10.08.170 Processions - Driving Between Vehicles Prohibited When
10.08.180 Driving Through Safety Zones Prohibited
10.08.190 Following Fire Apparatus Prohibited
10.08.200 Crossing Fire Hose Prohibited - Exception
10.08.220 Excessive Noise or Smoke Prohibited
10.08.230 Riding Restrictions for Drivers and Passengers
10.08.240 Driving on Sidewalks Prohibited - Exceptions
10.08.250 Driving Vehicles with Leaking Loads Prohibited
10.08.260 Red or Green Lights in Front of Vehicle Prohibited - Exceptions
10.08.270 Careless Driving Prohibited - Penalty
10.08.280 Reckless Driving Prohibited - Penalty for Violation
10.08.010 Safe, Properly Equipped Vehicle Required
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 such lamps and other equipment in proper condition and adjustment
as required in this chapter, or which is equipped in any manner in violation of this section and
Sections 10.08.020 through 10.08.040, 10.08.120, 10.08.210, 10.08.240, and 10.08.250, or for
any person to do any act forbidden or fail to perform any act required under said sections. (Prior
code S 11.04.405 (part))
10.08.020 Horns and Warning Devices Required
A. Every motor vehicle, when operated upon a street, shall be equipped with a horn in
good working order, capable of emitting sound audible under normal conditions from
a distance of two hundred feet or more; and it is unlawful, except as otherwise
provided in this section and Sections 10.08.010, 10.08.030, 10.08.040, 10.08.130,
10.08.220, 10.08.250, and 10.08.260, for any vehicle to be equipped with, or for any
person to use on a vehicle any siren, bell, musical horn, or any compression or
sparkplug whistle, or for any person at any time to use a horn otherwise than as a
X-6 10/2005
reasonable warning, or to make any unnecessary or unreasonable continued loud
or offensive sound by means of a horn or other warning device.
S. Every authorized emergency vehicle shall be equipped with a bell, siren, or exhaust
whistle of a type approved by the Director of Public Safety. (Prior code S 11.04.405
(b))
10.08.030 Brake Equipment and Lighting Equipment
It is unlawful for any person, firm, or corporation to operate or cause to be operated upon any
of the streets, avenues, or alleys of the city, any motor vehicle, trailer, or towed vehicle not
complying with the laws of the state and the rules and regulations of the Montana State Highway
Patrol as to brake equipment and lighting equipment on such vehicles. (Prior code S 11.04.405
(f) )
10.08.040 Flag or Red Light at End of Load
Whenever the load on any vehicle extends more than four feet beyond the rear of the bed
or body thereof, there shall be displayed at the end of such load in such a position as to be clearly
visible at all times from the rear of such vehicle, a red flag not less than twelve inches, both in
length and width; except that between one hour after sunset and one hour before sunrise, there
shall be displayed at the end of such load a red light, visible under normal atmospheric conditions
at least two hundred feet from the rear of such vehicle. (Prior code S 11.04.405 (a))
10.08.050 Size and Weight of Vehicles, Trailers, Loads, and Tires - State Regulations
Applicable
A. It is unlawful for any person, firm, or corporation to operate or cause to be operated
upon any of the streets, avenues, or alleys of the city any motor vehicle, trailer or
towed vehicle not complying with the laws of the state and the rules and regulations
of the Montana State Highway Commission as to the regulations and restriction of
size and weight of motor vehicles and loads, trailers and towed vehicles, and tire
equipment.
S. The Director of Public Safety shall have authority to impose such emergency
regulations as to weight of motor vehicles and loads as he, in his discretion, deems
necessary. (Prior code S 11.04.425)
10.08.060 Driving on Right Side of Street Required
A. Upon all streets except upon one~way streets, the operator of a vehicle shall drive
the same upon the right half of the street only, and the operator of a slow-moving
vehicle shall drive the same as close as possible to the right-hand curb of the street
unless it is impracticable to travel on such side of the street, and except when
overtaking and passing another vehicle, subject to the limitations applicable by law
in overtaking and passing.
S. The foregoing provisions of this section shall not be deemed to prevent the marking
of lanes for traffic upon any street and the allocation of designated lanes to traffic
moving in a particular direction or at designated speeds. (Prior code S 11.04.330)
10.08.070 Right-of-way at Intersections and When Entering Street
A. Vehicles Approaching or Entering Intersection.
1- The driver of a vehicle approaching an intersection shall yield the
right-of-way to a vehicle which has entered the intersection from a different
highway or street.
2. When two vehicles enter 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.
X-7 10/2005
3. The right-of-way rules declared in Subdivisions 1 and 2 above are modified
at through or arterial highways and streets and otherwise as hereinafter
stated in this section.
S. 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, but the driver, having so yielded and having given
a signal when and as required by this title, may make such left turn, and the drivers
of all other vehicles approaching the intersection from the opposite direction shall
yield the right-of-way to the vehicle making the left turn.
C. Vehicle Entering Through or Arterial Highway or Street or Stop Intersection.
1. The driver of a vehicle shall stop as required by this title at the entrance to
a through or arterial highway or street and shall yield the right.of-way to
other vehicles which have entered the intersection from the through or
arterial highway or street or which are approaching so closely on the
through or arterial highway or street as to constitute an immediate hazard,
but the driver so yielded may proceed, and the drivers of all other vehicles
approaching the intersection on the through or arterial highway or street
shall yield the right.of-way to the vehicle so proceeding into or across the
through or arterial highway or street.
2. The driver of a vehicle shall likewise stop in obedience to a stop sign, as
required in this title, at an intersection where a stop sign is erected at one
or more entrances thereto although not a part of the through or arterial
highway or street, 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.
D. Vehicle Entering Highway or Street From Private Road or Driveway. The driver of
a vehicle about to enter or cross a highway or street from a private road or driveway
shall yield the right-of-way to all vehicles approaching on the highway or street.
(Prior code S 11.04.370)
10.08.080 Meeting of Vehicles from Opposite Directions
Operators of vehicles proceeding in opposite directions shall pass each other to the right,
each giving to the other at least one-half of the main-traveled portion of the roadway as nearly
as possible. (Prior code S 11.04.340)
10.08.090 Crossing Intersections or Railroads on Right Side Required
In crossing an intersection of streets or the intersection of a street by a railroad right-of- way,
except upon a one-way street, the operator of a vehicle shall at all times cause such vehicle to
travel on the right half of the street, unless such right half is obstructed or impassable. (Prior code
S 11.04.335)
10.08.100 Following, Overtaking, and Passing Vehicles
A. The operator of a vehicle overtaking another vehicle proceeding in the same
direction shall pass at a safe distance to the left thereof, and shall not again drive
to the right side of the street until safely clear of such overtaken vehicle, except
where traffic lanes are plainly marked.
B. Limitations on Privilege of Overtaking and Passing.
1. The operator of a vehicle shall not drive to the left side of the centerline of
a street in overtaking and passing other vehicles proceeding in the same
direction unless such left side is clearly visible and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking and passing
X-8 10/2005
to be made in safety. The foregoing provision of this section shall not
apply upon one-way streets or upon streets laned for traffic, in which later
event vehicles traveling in lanes shall move in the direction permitted in
such lanes.
2. The operator of a vehicle shall not overtake and pass another vehicle
proceeding in the same direction at any steam or electric railroad grade
crossing, nor at any intersection of streets.
C. Operator To Give Way To Overtaking Vehicles. The operator of a vehicle upon a
street about to be overtaken and passed by another vehicle approaching from the
rear shall give way to the right in favor of the overtaking vehicle on suitable and
audible signal being given by the driver of the overtaking vehicle and shall not
increase the speed of his vehicle until completely passed by the overtaking vehicle.
D. Following Too Closely. The operator of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due regard to the
speed of such vehicles and the traffic upon and condition of the street. (Prior code
S 11.04.345)
10.08.110 Procedure on Approach of Authorized Emergency Vehicles
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 feet to the front of such vehicle and when the driver is giving audible signal by siren,
exhaust whistle, or bell.
A. The driver of every other vehicle shall yield the right-of-way and shall immediately
drive to a position parallel to, and as close as possible to, the righthand edge or
curb of the roadway clear of any intersection, and shall stop and remain in such
position until the authorized emergency vehicle has passed, except when otherwise
directed by a police officer;
B. 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. (Prior code S 11.04.350)
10.08.120 Exemptions for Authorized Emergency Vehicles
A. The driver of an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected violator of the law, or when
responding to but not upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of this title;
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 directions.
C. The exemptions herein granted to an authorized emergency vehicle shall apply only
when the driver of any such vehicle, while in motion, sounds 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 feet to the front of such
X.9 10/2005
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.
D. The foregoing provisions 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
such provisions protect the driver from the consequences of his reckless disregard
for the safety of others. (Prior code S 11.04.140)
10.08.130 Unattended Vehicle - Brakes to Be Set and Engines Stopped
No person having control or charge of a motor vehicle shall allow such vehicle to stand on
any street unattended without first setting the brakes thereon and stopping the motor of the
vehicle, and when standing upon a perceptible grade, without turning the wheels of such vehicle
to the curb or the side of the street or highway. (Prior code S 11.04.405 (e))
10.08.140 Starting Parked Vehicles - Right-of-way
A. No person shall start a vehicle which is stopped, standing, or parked unless such
movement can be made with reasonable safety.
B. Any person starting a vehicle from a parallel parked position at the curb or edge of
a roadway, before making such movement, shall yield the right-of-way to all vehicles
which are approaching so closely as to constitute an immediate hazard, but the
driver, having so yielded and having given a signal as required by this title for a
left-turn movement, may proceed from said parked position into the nearest lane for
moving traffic, and the drivers of all other vehicles approaching and proceeding in
the same direction shall yield the right-of-way to such vehicle.
C. Any person backing a vehicle from a parked position at the curb or edge of a
roadway, before making such movement, shall yield the right-of-way to all vehicles
which are approaching so closely as to constitute an immediate hazard, but the
driver, having so yielded, may proceed from the parked position into the nearest
lane for moving traffic, and the drivers of all other vehicles approaching and
proceeding in the same direction shall yield the right-of-way to such vehicle. (Prior
code S 11.04.320)
10.08.150 Unobstructed View While Driving Required
A. It is unlawful for the operator of any vehicle to drive the same when such vehicle is
so loaded or when there are in the front seat of such vehicle such number of
persons as to obstruct the view of the operator to the front or sides or to interfere
with the operator's control over the driving mechanism of the vehicle.
B. It is unlawful for any passenger in a vehicle to ride in such a position as to interfere
with the operator's view ahead or to the sides, or to interfere with the operator's
control over the driving mechanism of the vehicle.
C. It is unlawful for the operator of any vehicle to drive the same when such vehicle is
equipped with cardboard or other opaque material as a substitute for window glass,
or when the windshield or windows are so covered with frost, snow, ice, dirt, or mud
as to obstruct the view of the operator to the front, sides, or rear thereof. (Prior code
S 11 .04.400)
10.08.160 Processions - Procedures for Drivers
Each driver in a funeral or other procession shall drive as near to the righthand edge of the
roadway as practical, and shall follow the vehicle ahead as closely as is practical and safe. (Prior
code S 11.04.310)
X-10 10/2005
10.08.170 Processions - Driving Between Vehicles Prohibited When
No driver of a vehicle shall drive between the vehicles comprising a funeral or other
authorized procession while they are in motion and when such vehicles are conspicuously
designated as required in this chapter. This provision shall not apply at intersections where the
traffic is controlled by traffic control signals or police officers. (Prior code S 11.04.305)
10.08.180 Driving Through Safety Zones Prohibited
No vehicle shall at any time be driven through or within a safety zone when occupied by a
pedestrian. (Prior code S 11.04.325)
10.08.190 Following Fire Apparatus Prohibited
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 two hundred feet or drive into or park
such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (Prior
code S 11.04.295)
10.08.200 Crossing Fire Hose Prohibited - Exception
No vehicle shall be driven over any unprotected hose of the fire department when laid down
on any street, private driveway, or railway track, to be used at any fire or alarm of fire, without the
consent of the fire department official in command. (Prior code S 11.04.300)
10.08.220 Excessive Noise or Smoke Prohibited
A. No person shall drive a motor vehicle on a street unless such motor vehicle is
equipped with a muffler in good working order and in constant operation to prevent
excessive or unusual noise and annoying smoke.
B. It is unlawful to use a muffler cutout on any motor vehicle on a street. (Prior code
SS 11.04.405 (c)(1) and (2))
10.08.230 Riding Restrictions for Drivers and Passengers
No person shall ride on any vehicle, nor shall any driver or operator permit riding on any
vehicle upon any portion thereof not designed or intended for the use of passengers, and no
person operating a motorcycle, motor-driven cycle, or bicycle shall ride other than upon the
permanent and regular seat attached thereto or carry any other person nor shall any other person
ride other than upon a firmly attached seat to the rear or side of the operator. This provision shall
not apply to an employee engaged in the necessary discharge of a duty or to persons riding within
a truck body in space intended for merchandise. (Prior code S 11.04.375)
10.08.240 Driving on Sidewalks Prohibited - Exceptions
The driver of a vehicle shall not drive within any sidewalk area except at a permanent or
temporary driveway, except authorized vehicles of the city engaged in rendering public services.
(Prior code S 11.04.315)
10.08.250 Driving Vehicles with Leaking Loads Prohibited
No vehicle shall be driven or moved on any street unless such vehicle is so constructed or
loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.
{Prior code S 11.04.405 (c)(3))
10.08.260 Red or Green Lights in Front of Vehicle Prohibited - Exceptions
It is unlawful for any person to drive or move any vehicle upon a highway with any red or
green light thereon visible from directly in front thereof. This section shall not apply to police or
fire department or fire patrol vehicles, nor to any vehicles required or permitted by state law or
regulation to display small red or green clearance lamps on the front. {Prior code S 11.04.405 (d))
X-11 10/2005
10.08.270 Careless Driving Prohibited - Penalty
A. A person operating or driving a vehicle of any character on the ways of the city open
to the public shall drive it in a careful and prudent manner so as not to unduly or
unreasonably endanger the life, limb, property, or other rights of a person entitled
to the use of the way.
S. Any person who violates this section shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in an amount of not less than twenty~five
dollars or more than five hundred dollars. (Ord. 1179 S 2, 1985)
10.08.280 Reckless Driving Prohibited - Penalty for Violation
A. Any person who drives any vehicle in wilful or wanton disregard for the safety of
persons or property is guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished upon a first conviction
by imprisonment for a period of not more than ninety days, or by fine not exceeding
three hundred dollars, or by both such fine and imprisonment, and on a second or
subsequent conviction shall be punished by imprisonment for not less than ten days
nor more than six months, or by fine not exceeding five hundred dollars, or by both
such fine and imprisonment. (Prior code S 11.04.374)
X~12 10/2005
Chapter 10.12
TURNING MOVEMENTS
Sections:
10.12.010 Turning at Intersections - Position and Method
10.12.020 Signals Required for Turning
10.12.030 Hand and Arm Signals Described
10.12.040 Mechanical Signaling Devices Required When
10.12.050 Turning Markers - Placement Authorized - Driver Obedience Required
10.12.060 Restricted Right, Left, or U-turns - Signs Authorized
10.12.070 No-turn Signs - Driver Obedience Required
10.12.080 Turning Around - Restrictions
10.12.010 Turning at Intersections - Position and Method
The driver of a vehicle intending to turn at an intersection shall do so as follows:
A. Both the approach for a right turn and a right turn shall be made as close as
practical to the righthand curb or edge of the roadway.
S. Approach for a lefthand turn shall be made in that portion of the right half of the
roadway nearest the centerline thereof, and after entering the intersection the left
turn shall be made so as to leave the intersection to the right of the centerline of the
roadway being entered.
C. Approach for a left turn from a two-way street into a one-way street shall be made
in that portion of the right half of the roadway nearest the centerline thereof and by
passing to the right of such centerline where it enters the intersection. A left turn
from a one-way street into a two-way street shall be made by passing to the right
of the centerline of the street being entered upon leaving the intersection.
D. Where both streets or roadways are one-way, both the approach for a left turn and
a left turn shall be made as close as practicable to the lefthand curb or edge of the
roadway. (Prior code S 11.04.205)
10.12.020 Signals Required for Turning
A. The operator of any vehicle upon a highway, street, or roadway, before starting,
stopping, turning from a direct line, or moving out from a parking place, shall first
see that such movement can be made in safety, and whenever the safety of any
pedestrian or the operation of any other vehicle may be affected by such movement,
shall give a signal as required in this section, plainly visible to the driver of such
other vehicle of the intention to make such movement.
B. A signal of intention to turn right or left when required shall be given continuously
during not less than the last one hundred feet traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a vehicle without first giving
an appropriate signal in the manner provided herein to the driver of any vehicle
immediately to the rear when there is opportunity to give such signal.
D. Signals by Hand and Arm or Signal Device. Any stop or turn signal, when required
in this title, shall be given either by means of the hand and arm, by a signal lamp or
lamps, or mechanical signal-device of a type approved by the police department,
but when a vehicle is so constructed or loaded that a hand and arm signal would not
be visible both to the front and rear of such vehicle then said signals must be given
by such a lamp or lamps or signal device.
E. For the method of giving hand and arm signals, see Section 10.12.030. (Prior code
S 11.04.365)
X-13 10/2005
10.12.030 Hand and Arm Signals Described
All signals required in this title given by hand and arm shall be given from the left side of the
vehicle in the following manner, and such signals shall indicate as follows:
A. Left turn: hand and arm extended horizontally;
B. Right turn: hand and arm extended upward;
C. Stop or decrease speed: hand and arm extended downward. (Prior code S
11.04.210)
10.12.040 Mechanical Signaling Devices Required When
Any stop or turn signal, when required in this title, 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
police department, but when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle, then the signals must be given by
such a lamp or lamps or signal device. (Prior code S 11.04.215)
10.12.050 Turning Markers - Placement Authorized- Driver Obedience Required
A. The Director of Public Safety is authorized to place markers, buttons, or signs within
or adjacent to intersections indicating the course to be traveled by vehicles turning
at such intersections, and such course to be traveled as so indicated may conform
to or be other than as prescribed by law or ordinance.
S. When authorized markers, buttons, or other indications are placed within an
intersection indicating the cou rse to be traveled by vehicles tu rning thereat, no driver
of a vehicle shall disobey the directions of such indications. (Prior code S 11.04.220)
10.12.060 Restricted Right, Left, or U-turns - Signs Authorized
The Director of Public Safety is authorized to determine those intersections at which drivers
of vehicles shall not make a right, left, or U turn, and shall place proper signs at such
intersections. The making of such turns may be prohibited between certain hours of any day and
permitted at other hours, in which event the same shall be plainly indicated on the signs or they
may be removed when such turns are permitted. (Prior code S 11.04.225)
10.12.070 No-turn Signs - Driver Obedience Required
Whenever authorized signs are erected indicating that no right or left or U-turn is permitted,
no driver of a vehicle shall disobey the directions of any such sign. (Prior code S 11.04.230)
10.12.080 Turning Around - Restrictions
The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction
upon any street in the main business district, and shall not upon any other street so turn a vehicle
unless such movement can be made in safety and without interfering with other traffic. (Prior code
S 11.04.235)
X.14 10/2005
Chapter 10.16
TRAFFIC~CONTROL DEVICES
Sections:
10.16.010 Installation - Director of Public Safety Authority
10.16.020 Manual and Specifications for Official Devices
10.16.030 Driver Obedience Required - Exceptions
10.16.040 Traffic-control Signals Described - Effect
10.16.050 Pedestrian Walk and Wait Signals
10.16.060 Flashing Red or Yellow Signals
10.16.070 Traffic Lanes, Crosswalks, and Safety Zones - Designation Authorized
When
10.16.080 Unauthorized Signs, Signals, or Markings Described - Public Nuisance -
Removal
10.16.090 Interference with Traffic Controls or Railroad Signals Prohibited
10.16.010 Installation - Director of Public Safety Authority
The Director of Public Safety shall place and maintain traffic-control signs, signals, and
devices when and as required under the traffic ordinances of this city to make effective the
provisions of such ordinances, and may place and maintain such additional traffic-control devices
as he may deem necessary to regulate traffic under the traffic ordinances of this city or under
state law, or to guide or warn traffic. (Prior code S 11.04.145)
10.16.020 Manual and Specifications for Official Devices
All traffic-control signs, signals, and devices shall conform to the manual and speCifications
approved by the City Commission. All sign and signals required under this title for a particular
purpose shall so far as practicable be uniform as to type and location throughout the city. All
traffic-control devices so erected and not inconsistent with the provisions of state law or this
chapter shall be official traffic-control devices. (Prior code S 11.04.150)
10.16.030 Driver Obedience Required - Exceptions
The driver of any vehicle shall obey the instructions of any official traffic~control device
applicable thereto placed in accordance with the traffic ordinances of this city, unless otherwise
directed by a police officer, subject to the exceptions granted the driver of an authorized
emergency vehicle in this title. (Prior code S 11.04.155)
10.16.040 Traffic~control Signals Described - Effect
A. Whenever traffic is controlled by traffic-control signals exhibiting the words "go,"
"caution" or "stop," or exhibiting different colored lights successively one at a time,
or with arrows, the following colors only shall be used, and such terms and lights
shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green Alone or "Go."
a. Vehicular traffic facing the signal may proceed straight through or
turn right or left unless a sign at such place prohibits either such
turn; but vehicular traffic, including vehicles turning right or left,
shall yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent crosswalk at the
time such signal is exhibited.
b. Pedestrians facing the signal may proceed across the roadway
within any marked or unmarked crosswalk.
X-15 10/2005
2. Yellow Alone or "Caution" When Shown Following the Green or "Go"
Signal.
a. Vehicular traffic facing the signal is thereby warned that the red or
"stop" signal will be exhibited immediately thereafter, and such
vehicular traffic shall not enter or be crossing the intersection
when the red or "stop" signal is exhibited.
b. Pedestrians facing such signal are thereby advised that there is
insufficient time to cross the roadway, and any pedestrian then
starting to cross shall yield the right-of-way to all vehicles.
3. Red Alone or "Stop." Vehicular traffic facing the signal shall stop before
entering the crosswalk on the near side of the intersection or, if none, then
before entering the intersection, and shall remain standing until green or
"go" is shown alone.
B. In the event 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 have 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 any such sign or marking the stop shall
be made at the signal. (Prior code S 11.04.160)
10.16.050 Pedestrian Walk and Wait Signals.
Whenever special pedestrian-control signals exhibiting the words "walk" or "wait" are in
place, such signals shall indicate as follows:
A. Walk. Pedestrians facing such signal may proceed across the roadway in the
direction of the signal, and shall be given the right-of-way by the drivers of all
vehicles.
B. Wait. No pedestrian shall start to cross the roadway in the direction of such signal,
but any pedestrian who has partially completed his crossing on the walk signal shall
proceed to a sidewalk or safety zone while the wait signal is showing. (Prior code
S 11.04.165)
10.16.060 Flashing Red or Yellow Signals
Whenever flashing red or yellow signals are used, they shall require obedience by vehicular
traffic as follows:
A. 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.
B. Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid,
intermittent flashes, drivers of vehicles may proceed through the intersection or past
such signal only with caution. (Prior code S 11.04.170)
10.16.070 Traffic Lanes, Crosswalks, and Safety Zones- Designation Authorized When
The Director of Public Safety is authorized:
A. To designate and maintain, by appropriate devices, marks or lines upon the surface
of the roadway, crosswalks at intersections where, in his opinion, there is particular
X-16 10/2005
danger to pedestrians crossing the roadway, and at such other places as he may
deem necessary;
B. To designate and maintain, by appropriate signs or other marking devices, school
crossing zones;
C. To establish safety zones of such kind and character and at such places as he may
deem necessary for the protection of pedestrians;
D. To mark lanes for traffic on street pavements at such places as he may deem
advisable, consistent with the traffic ordinances of the city;
E. When authorized by the City Commission and pending adoption of amendments to
this chapter or new ordinances repealing this chapter or parts thereof, to issue
orders to change, increase or decrease the streets, zones, public places, or other
areas described in Schedule I, Section 10.04.040; Schedule II, Section 10.24.050;
Schedule III, Section 10.24.060; Schedule IV, Section 10.24.070; Schedule V,
Section 10.20.020; Schedule VI, Section 10.28.080; Schedule VII, Section
10.32.420; Schedule VIII, Section 10.32.430; and Schedule IX, Section 10.32.440,
and to erect or install such signs, pavement markings, or other devices as may be
required by such orders. (Prior code S 11.04.185)
10.16.080 Unauthorized Signs, Signals, or Markings Described - Public Nuisance -
Removal
A. No person shall place, maintain, or display upon or in view of any street or highway
any unauthorized sign, signal, marking, or device which purports to be or is an
imitation of or resembles an official traffic control device or railroad sign or signal,
or which attempts to direct the movement of traffic, or which hides from view or
interferes with the effectiveness of any official traffic control device or any railroad
sign or signal, and no person shall place or maintain, nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon any commercial
advertising. This shall not be deemed to prohibit the erection upon private property
adjacent to highways of signs giving useful directional information and of a type that
cannot be mistaken for official signs.
B. Every such prohibited sign, signal, or marking is declared to be a public nuisance,
and the authority having jurisdiction over the highway is empowered to remove the
same or cause it to be removed without notice. (Prior code S 11.04.175)
10.16.090 Interference with Traffic Controls or Railroad Signals Prohibited
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock
down, or remove any official traffic control device or any railroad sign or signal or any inscription,
shield, or insignia thereon or any other part thereof. (Prior code S 11.04.180)
X-17 10/2005
Chapter 10.20
ONE-WAY STREETS AND ALLEYS
Sections:
10.20.010 Designation - Sign Placement - Traffic Movement Restricted
10.20.020 One-way Streets Designated
10.20,010 Designation - Sign Placement - Traffic Movement Restricted
A. Whenever any city ordinance designates anyone-way street or alley, the Director
of Public Safety shall place and maintain signs giving notice thereof, and no such
regulation shall be effective unless such signs are in place. Signs indicating the
direction of lawful traffic movement shall be placed at every intersection where
movement of traffic in the opposite direction is prohibited.
B. Upon those streets and parts of streets and in those alleys described in Schedule
V attached to the ordinance codified in this section and made a part hereof,
vehicular traffic shall move only in the indicated direction when signs indicating the
direction of traffic are erected and maintained at every intersection where movement
in the opposite direction is prohibited. (Prior code S 11.04.240)
10.20.020 One~way Streets Designated
In accordance with Section 10.20.010 and when properly signed, traffic shall move only in
the direction indicated upon the following described alley:
A. All that part of the dedicated alley between Main Street and Babcock Street from the
east right-of-way line of Ninth Avenue to the west right-of-way line of Eighth Avenue.
(Ord. 1231, 1987; Ord. 1210, 1986; prior code S 11.04.810)
X-18 10/2005
Chapter 10.24
SPEED LIMITS
Sections:
10.24.010 Speed Regulations - General Rule
10.24.020 Specific Speed Restriction Areas
10.24.030 Traffic-signal Timing and Placement
10.24.040 Quiet Zones-violating Restrictions Deemed Reckless Driving
10.24.050 School Speed Zones Designated - Schedule II
10.24.060 School Crossing Zones Designated - Schedule III
10.24.070 Graduated Speed Zones Designated - Schedule IV
10.24.010 Speed Regulations - General Rule
Every person operating or driving a vehicle of any character on a public street or roadway of
the city shall drive the same in a careful and prudent manner, and at a rate of speed no greater
or no less than is reasonable and proper under the conditions existing at the point and time of
operation, taking into account the amount and character of traffic, condition of brakes, width of
vehicle, grade, and width of street or roadway, condition of surface, freedom of obstruction to
view ahead, and all other conditions then existing, and so as not to unduly endanger the life, limb,
property, or other rights of any person entitled to the use of the street or roadway. (Prior code S
11.04.190)
10.24.020 Specific Speed Restriction Areas
A. Subject to the provisions of Section 10.24.010, and except in those instances where
a lower speed is specified in this chapter, it shall be prima facie lawful for the driver
of a vehicle to drive the same at a speed not exceeding the following, but in any
case when such speed would be unsafe it shall not be lawful:
1. Highways. No driver of a motor vehicle shall operate same at a speed less
than fifteen miles an hour on any through or arterial high-way.
2. Intersections. Speed limits at intersections are:
Fifteen miles an hour when making a right or left hand turn at
any intersection of streets; fifteen miles an hour when
approaching within fifty feet of any intersection of streets
when the driver's view is obstructed. A driver's view shall be
deemed to be obstructed when, at any time during the last
fifty feet of his approach to such intersection, he does not
have a clear and uninterrupted view of such intersection and
of the traffic upon all of the streets entering such intersection
for a distance of two hundred feet from such intersection.
3. Slow or Danger Signs. Speed limit is fifteen miles an hour when passing
"slow" or "danger" signs.
4. Graduated Speed Zones. There are created in the city graduated speed
zones, the limits of which are more particularly described in Schedule IV
(Section 10.24.070), attached to the ordinance codified herein and made
a part hereof, wherein it is unlawful for any operator of any vehicle to drive
at a speed greater than thirty-five miles an hour.
5. Railway Grade Crossings. Speed limit is fifteen miles an hour when
approaching within fifteen feet of a grade crossing of any railway when the
X-19 10/2005
----....
driver's view is obstructed. A driver's view shall be deemed to be
obstructed when at any time during the last two hundred feet of his
approach to such crossing he does not have a clear and uninterrupted view
of such railway crossing and of any traffic on such railway crossing, and of
any traffic on such railway for a distance of four hundred feet in each
direction from such crossing.
6. School Speed Zones. There are created in the city school speed zones,
the limits of which are more particularly described in Schedule II attached
to the ordinance codified herein and made a part hereof (Section
10.24.050), wherein it is unlawful for any operator of any vehicle to drive
at a speed greater than fifteen miles an hour, between the hours of eight
a.m. and four-thirty p.m. on days or parts of days when school is in
session.
7. School Crossing Zones. There are created in the city school crossing
zones, the limits of which are more particularly described in Schedule III,
attached to the ordinance codified herein and by this reference made a part
hereof (Section 10.24.060), and it is unlawful for any operator of any
vehicle between the hours of eight a.m. and four-thirty p.m. on days or
parts of days when school is in session to drive at a speed greater than
fifteen miles an hour when approaching within fifty feet or in traversing said
school crossing zones. Upon those crossings which have been signed or
marked as school crossing zones, it is unlawful for the operator of any
vehicle to fail to bring a vehicle to a complete stop when such crossing is
occupied by a pedestrian.
8. Curves, Grades, and in Cemetery. Speed limit is fifteen miles an hour in
any cemetery or in traversing or going around curves or traversing a grade
upon a street when the driver's view is obstructed within a distance of one
hundred feet along such street or highway in the direction in which he is
proceeding.
9. Other Conditions. The speed limit is twenty-five miles an hour under all
other conditions.
B. It shall be prima facie unlawful for any person to exceed any of the speed limitations
set out in this section and Sections 10.24.030 and 10.24.040. In every charge of
violation of this section or regulations in Sections 10.24.030 and 10.24.040, the
complaint shall specify the speed at which the defendant is alleged to have driven,
also the speed which the section declares shall be prima facie lawful at the time and
place of such alleged violation. (Prior code S 11.04.200 (a)-(g), (i), U))
10.24.030 Traffic Signal Timing and Placement
The Director of Public Safety is authorized to regulate the timing of traffic signals so as to
permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from
the speeds otherwise applicable within the district or at intersections designated in Sections
10.24.020 and 10.24.040, and shall erect appropriate signs giving notice thereof. (Prior code S
11.04.200 (k))
10.24.040 Quiet Zones - Violating Restrictions Deemed Reckless Driving
A. There are created in the city quiet zones, the limits of which are defined as follows:
Deaconess Hospital Ouiet Zone. All that part of Tracy Avenue
between the north line of Mendenhall Street and the south line of
Villard Street; all that part of Willson Avenue between the north line of
X-20 10/2005
Mendenhall Street and the south line of Villard Street; all that part of
Lamme Street between the west line of Black Avenue and the east line
of Grand Avenue, and all that part of Beall Street between the west
line of Black Avenue and the east line of Grand Avenue.
S. It is unlawful in such quiet zones to drive or operate any vehicle in a noisy or
offensive manner so as to cause any discomfort whatsoever to the patients in said
hospital; and any person driving or operating a motor vehicle within such quiet
zones contrary to the provisions of this section and Sections 10.04.020 and
10.04.030 shall be deemed guilty of reckless driving and shall be punished as
provided in this title; every person in charge of a vehicle shall exercise special care
to approach and proceed through such zones as noiselessly as possible. (Prior
code S 11.04.200 (h))
10.24.050 School Speed Zones Designated - Schedule II
In accordance with the provisions of Subsection A.6. of Section 10.24.020, it is unlawful for
any operator of any vehicle to drive at a speed greater than fifteen miles per hour between the
hours of eight a.m. and four.thirty p.m. on days or parts of days when school is in session, on the
streets or parts of streets specified in the following school speed zones:
A. Bozeman Senior High and Junior High School Speed Zone. All that part of Eleventh
Avenue between Main Street and a line three hundred feet south of the south line
of Durston Road; and all that part of Villard Street between a line one hundred fifty
feet east of the east line of Eleventh Avenue and the east line of Eleventh Avenue.
S. Hawthorne School Speed Zone. All that part of Rouse Avenue between a line one
hundred fifty feet south of the south line of Mendenhall and a line one hundred fifty
feet north of the north line of Lamme Street; all that part of Lamme Street between
a line one hundred fifty feet east of the east line of Church Avenue and a line one
hundred fifty feet west of the west line of Rouse Avenue; all that part of Mendenhall
Street between a line one hundred fifty feet east of the east line of Church Avenue
and a line one hundred fifty feet west of the west line of Rouse Avenue; all that part
of Church Avenue between a line one hundred fifty feet south of the south line of
Mendenhall Street and a line one hundred fifty feet north of the north line of Lamme
Street.
C. Irving School Speed Zone. All that part of Eighth Avenue between a line one
hundred fifty feet south of the south line of Alderson Street and a line one-hundred
fifty feet north of the north line of Dickerson Street; all that part of Ninth Avenue
between a line one hundred fifty feet south of the south line of Alderson Street and
a line one hundred fifty feet north of the north line of Dickerson Street; all that part
of Alderson Street between a line one hundred fifty feet east of the east line of
Eighth Avenue and a line one hundred fifty feet west of the west line of Ninth
Avenue; all that part of Dickerson Street between a line one hundred fifty feet east
of the east line of Eighth Avenue and a line one hundred fifty feet west of the west
line of Ninth Avenue; all that part of Eleventh Avenue from a line one hundred fifty
feet north of the north line Of Dickerson Street to a line one hundred fifty feet south
of the south line of Alderson Street.
D. Longfellow School Speed Zone. All that part of Tracy Avenue between a line twenty
feet south of the south line of Story Street to a line three hundred twenty feet north
of the north line of College Street; all that part of Dickerson Street between the west
line of Tracy Avenue and a line one hundred feet west of the west line of Tracy
Avenue; all that part of Story Street one hundred feet east of the east curb line of
Tracy Avenue.
X-21 10/2005
E. Whittier School Speed Zone. All that part of Durston Road between a line one
hundred fifty feet east of the east line of Fifth Avenue and a line one hundred fifty
feet west of the west line of Sixth Avenue; all that part of Sixth Avenue between a
line one hundred fifty feet north of the north line of Durston Road and a line two
hundred feet north of the north line of Villard Street; all that part of Fifth Avenue
between a line one hundred fifty feet north of the north line of Durston Road and a
line two hundred feet north of the north line of Villard Street; all that part of Short
Street between a line one hundred fifty feet west of the west line of Sixth Avenue
and a line one hundred fifty feet east of the east line of Fifth Avenue; all that part of
the alley adjacent to and parallel to the south line of the Whittier School grounds in
Block 4 of the Violett Addition.
F. Willson School, Rosary, and Emerson School Speed Zones. All that part of Third
Avenue between the south line of Main Street and the north line of Babcock Street;
all that part of Babcock Street between a line one hundred fifty feet west of the west
line of Fifth Avenue and a line one hundred fifty feet east of the east line of Grand
Avenue; all that part of Grand Avenue between a line sixty feet north of the north
line of Babcock Street and a line one hundred fifty feet south of the south line of
Olive Street; all that part of Olive Street between a line three hundred feet west of
the west line of Fourth Avenue and a line one hundred fifty feet east of the east line
of Grand Avenue; all that part of Fourth Avenue between the south line of Babcock
Street and a line one hundred fifty feet south of the south line of Olive Street; all that
part of Third Avenue between the south line of Olive Street and a line one hundred
fifty feet south of the south line of Olive Street; all that part of Fifth Avenue between
Main Street and Babcock Street. (Prior code S 11.04.795)
10.24.060 School Crossing Zones Designated - Schedule III
In accordance with the provisions of Subsection A.7. of Section 10.24.020, it is unlawful for
any operator of any vehicle between the hours of eight a.m. and four-thirty p.m. on days or parts
of days when school is in session, to drive at a speed greater than fifteen miles per hour when
approaching within fifty feet and in traversing the streets, or parts of streets, specified in the
following school crossing zones:
Intersection of Mendenhall Street and Third Avenue;
Intersection of Dickerson Street and Willson Avenue;
Intersection of College Street and Tenth Avenue;
Intersection of College Street and Willson Avenue;
Intersection of Alderson Street and Willson Avenue;
Intersection of Mendenhall Street and Rouse Avenue. (Prior code S 11.04.800)
10.24.070 Graduated Speed Zones Designated - Schedule IV
In accordance with provisions of Subsection A.4. of Section 10.24.020, it is unlawful for any
operator of any vehicle to drive at a speed greater than thirty-five miles per hour upon the streets,
or parts of streets, specified in the following graduated speed zones:
A. All that part of Main Street between a line thirteen hundred feet east of Cypress
Avenue and the east line of the city limits;
B. All that part of Main Street between the projected east line of Nineteenth Street and
the west line of the city limits;
C. All that part of Third Avenue between a line three hundred feet south of the south
line of Kagy Boulevard and the south line of the city limits;
D. All that part of Nineteenth Street from the south line of Main Street to the south line
of the city limits;
X-22 10/2005
E. All that part of Highland Boulevard between a line three hundred feet south of the
south line of Curtiss Street and a line three hundred feet north of the north line of
Holly Drive;
F. All that part of Seventh Avenue between the north line of Juniper Street and the
north line of the city limits. (Prior code S 11.04.805)
X-23 10/2005
Chapter 10.28
STOP INTERSECTIONS
Sections:
10.28.010 Intersections Where Stop Required - Determination and Designation
10.28.020 Vehicles to Stop at Stop Signs
10.28.030 Stops at Intersections with Arterial and Through Streets
10.28.040 Stop Signs - Placement Authorized When
10.28.050 Stop Signs - Described - Location
10.28.060 Procedure for Entering Intersections
10.28.070 Entering Intersection Prohibited When Traffic Obstructed
10.28.080 Through or Arterial Streets Designated - Schedule VI
10.28.090 Railway Crossings - Stop Required When
10.28.100 Railway Crossings - Mandatory Stops for Certain Vehicles
10.28.010 Intersections Where Stop Required - Determination and Designation
The Director of Public Service or the director's designee is authorized to determine and
designate intersections where particular hazard exists and to determine whether vehicles should
stop at one or more entrances to any intersection. Should the director determine, upon the basis
of traffic engineering principals and traffic investigations and in accordance with such standards,
limitations and rules as may be set forth in this chapter a stop is necessary, then, the director has
the authority to place stop signs at all intersections deemed necessary. In addition to the
foregoing, the City Commission may, by passing an ordinance or a resolution, require a stop at
any intersection they deem necessary. (Ord. 1553 S 1, 2001; prior code S 11.04.255)
10.28.020 Vehicles to Stop at Stop Signs
When stop signs are erected as provided in this chapter at or near the entrance at any
intersection, every driver of a vehicle shall stop such vehicle at such sign or at a clearly marked
stop line before entering the intersection except when directed to proceed by a police officer or
traffic control signal. (Prior code S 11.04.265)
10.28.030 Stops at Intersections with Arterial and Through Streets
The Director of Public Service or the director's designee is authorized to determine and
designate what streets with appropriate signage within the corporate city limits of the City of
Bozeman will be designated through or arterial streets. Whenever possible, such determination
should be based upon traffic engineering principles and investigations. (Ord. 1553 S 2,2001; prior
code S 11.04.245)
10.28.040 Stop Signs - Placement Authorized When
Whenever any city ordinance designates and describes a through or arterial street, it shall
be the duty of the Director of Public Safety to place and maintain a stop sign on each and every
street intersecting such through or arterial street, or intersecting that portion thereof described
and designated as such by any city ordinance. (Prior code S 11.04.250)
10.28.050 Stop Signs - Described - Location
Every sign erected pursuant to this title, which sign requires a vehicle to come to a stop, shall
bear the word "stop" in letters not less than eight inches in height, and such sign shall at nighttime
be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight projected
on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign
shall be located as near as practicable at the nearest line of the crosswalk on the near side of the
intersection or, if none, at the nearest line of the roadway. (Prior code S 11.04.260)
X-24 10/2005
10.28.060 Procedure for Entering Intersections
A. After the driver of a vehicle has stopped at the entrance to a through or arterial
highway, such driver shall yield the right~of-way to other vehicles which have
entered the intersection from the through or arterial highway or which are
approaching so closely on the through or arterial highway as to constitute an
immediate hazard, but the driver having so yielded may proceed, and the drivers of
all other vehicles approaching the intersection on the through or arterial highway
shall yield the right-of-way to the vehicle so proceeding into or across the through
or arterial highway.
S. After the driver of a vehicle has stopped in obedience to a stop sign at an
intersection where a stop sign is erected at one or more entrances thereto although
not a part of a through or arterial highway, such driver shall proceed cautiously,
yielding to vehicles not so obligated to stop which are within the intersection or
approaching so closely as to constitute an immediate hazard, but may then proceed.
(Prior code S 11.04.270)
10.28.070 Entering Intersection Prohibited When Traffic Obstructed
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space
on the other side of the intersection or cross-walk to accommodate the vehicle he is operating
without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic
control signal indication to proceed. (Prior code S 11.04.280)
10.28.080 Through or Arterial Streets Designated - Schedule VI
In accordance with the provisions of Section 10.28.030, and when signs are erected giving
notice thereof, drivers of vehicles shall stop at every intersection before entering any of the
following streets or parts of streets:
A. Babcock Street. All that part of Babcock Street between the west line of Wallace
Avenue and the east line of Rouse Avenue, and all that part of Babcock Street
between the west line of Eighth Avenue and the east line of Nineteenth Avenue.
B. Broadway Avenue. All that part of Broad way Avenue between the north line of
Main Street and the north line of Mendenhall Street.
C. Cleveland Street. All that part of Cleveland Street between the east line of Eleventh
Avenue and the west line of Willson Avenue.
D. College Street. All that part of College Street between the west line of Eighth
Avenue and the west line of the city limits.
E. Durston Road. All that part of Durston Road between the west line of the city limits
and the west line of North Third Avenue.
F. Eighth Avenue. All that part of Eighth Avenue between the south line of Main Street
and the north line of Cleveland Street.
G. Eleventh Avenue. All that part of Eleventh Avenue between the south line of
Durston Road and the north line of Kagy Boulevard.
H. Garfield Street. All that part of Garfield Street between the east line of Sixth Avenue
and the west line of Willson Avenue.
I. Grant Street. All that part of Grant Street between the east line of Eleventh Avenue
and the west line of Willson Avenue.
J. Highland Boulevard. All that part of Highland Boulevard between the south line of
Main Street and the north line of Kagy Boulevard.
K. Kagy Boulevard. All that part of Kagy Boulevard between the east line of Highland
Boulevard and the west line of Eleventh Avenue.
L. Main Street. All that part of Main Street between the west line of the city limits and
the east line of the city limits.
X-25 10/2005
..._.no._..n_u_ .__ .. - -.----..... .-.---..---...--. --."..
M. Mendenhall Street. All that part of Mendenhall Street between the east line of
Rouse Avenue and the west line of Broadway Avenue.
N. Nineteenth Avenue. All that part of Nineteenth Avenue between the south line of
Main Street and the north line of Lincoln Road.
O. Peach Street. All that part of Peach Street between the west line of North Third
Avenue and the west line of Rouse Avenue.
P. Rouse Avenue. All that part of Rouse Avenue between the north line of East
Mendenhall Street and the north line of the city limits.
O. Seventh Avenue. All that part of Seventh Avenue between the north line of Main
Street and the north line of the city limits.
R. Tamarack Street. All that part of Tamarack Street between the west line of Rouse
Avenue and the east line of Seventh Avenue.
S. Wallace Avenue. All that part of Wallace Avenue between the north line of Main
Street and the north line of Tamarack Street.
T. Willson Avenue. All that part of Willson Avenue between the south line of Main
Street and the north line of Kagy Boulevard.
U. Four-Way Stops. Four-way stops are established at the following intersections:
Eleventh Avenue and College Street;
Nineteenth Avenue and College Street;
Willson Avenue and Beall Street;
Kagy Boulevard and Third Avenue;
Eleventh Avenue and Grant Street.
V. One-Way Stop. A one-way stop is established at Mendenhall Street and Wallace
Avenue. (Ord. 1206, 1986; Ord. 1091 S 1, 1981; prior code S 11.04.815)
10.28.090 Railway Crossings - Stop Required When
A. Whenever any person driving a vehicle approaches a railroad grade crossing under
any of the circumstances stated in this section, the driver of such vehicle shall stop
within fifty feet but not less than fifteen feet from the nearest rail of such railroad,
and shall not proceed until he can do so 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 feet of
the highway crossing emits a signal audible from such distance, and such
railroad train, by reason of its speed or nearness to such crossing, is an
immediate hazard;
4. An approaching railroad train is plainly visible and is in hazardous proximity
to such crossing.
S. No person shall drive any vehicle through, around, or under any crossing gate or
barrier at a railroad grade crossing while such gate or barrier is closed or is being
opened or closed. (Prior code S 11.04.285)
10.28.1 00 Railway Crossings - Mandatory Stops for Certain Vehicles
The operator of any motor bus carrying passengers for hire and the operator of any school
bus carrying any school child and the operator of any motor truck carrying explosive
X-26 10/2005
substances or explosive liquids of any specific gravity as a cargo or part of a cargo and the
operator of any vehicle of the tractor or caterpillar types, other than a truck tractor, shall,
before crossing at grade any track or tracks of a steam or interurban electric railway, bring
such vehicle to a stop not less than ten feet or more than fifty feet from the nearest rail of
such track, and, while stopped, shall both look and listen in both directions along such track
for approaching steam or interurban electric trains or cars before traversing such crossings.
(Prior code S 11.04.290)
X-27 10/2005
Chapter 10.32
STOPPING, STANDING, AND PARKING
Sections:
10.32.010 Parking - Chapter Provisions Not Exclusive
10.32.020 Stopping, Standing, or Parking - Exceptions to Restrictions
10.32.030 Stopping, Standing, or Parking - Locations Where Prohibited
10.32.040 Stopping, Standing, or Parking - Prohibited near Hazardous or Congested
Areas
10.32.050 Standing or Parking - Procedure Generally - Distance from Curb
10.32.060 Standing or Parking - One-way Streets
10.32.070 Standing or Parking - One-way Roadways
10.32.080 Parking - Additional or Temporary Regulations
10.32.090 Parking - Signs Required
10.32.100 Angle Parking
10.32.110 Parking - Prohibited Between Curb and Sidewalk
10.32.120 Parking - Private Property Restrictions
10.32.130 Parking - Private Signs Prohibited Without Permit
10.32.140 Parking - Obstructing Traffic Prohibited
10.32.150 Parking - Narrow Street Restrictions
10.32.160 Alleys - Stopping, Standing, and Parking Restrictions
10.32.170 Parking - Restrictions near Schools
10.32.180 Fire Lanes - Establishment - Parking Restrictions
10.32.185 Handicap Bus Loading/Unloading Zones - Establishment - Parking
Restrictions
10.32.190 Tow-away Zones - Establishment - Parking Restrictions
10.32.200 Commercial Vehicles - Parking Restrictions
10.32.210 Vehicles Transporting Flammable Liquids - Parking Restrictions
10.32.220 Parking - Prohibited for Certain Purposes
10.32.230 Large Vehicles - Parking Restrictions
10.32.240 Parking - Limitations on Certain Streets
10.32.250 Parking - Maximum Time Designated
10.32.260 City-operated Parking Lots - Maximum Time Designated
10.32.270 Loading Zones - Designation Authority
10.32.280 Loading Zones - For Use by the Public
10.32.290 Loading Zones - Use Restrictions
10.32.300 Loading and Unloading - Backing into Curb Permitted When
10.32.310 Buses - Parking Restrictions
10.32.320 Bus Stops and Taxi Stands - Designation Authority
10.32.330 Bus Stops and Taxi Stands - Use Restrictions
10.32.340 Illegal Parking - Vehicle Owner Responsibility
10.32.350 Procedure for the Establishment of a Residential On~street Parking Permit
Regulation Program
10.32.360 Limitations on Parking in a Residential Parking Permit Only Area
10.32.370 Residential Parking Permit - Application Procedure
10.32.380 Residential Parking Permit - Form and Issuance
10.32.390 Lawful Display of Residential Parking Permits Required
10.32.395 Montana State University Residential On-street Parking Permit Regulation
Program
10.32.396 Bozeman Senior High School Residential On-street Parking Permit
Regulation Program
X-28 10/2005
10.32.400 Legislative Intent
10.32.410 Enforcement - Penalty for Violations
10.32.010 Parking - Chapter Provisions Not Exclusive
The provisions of this chapter imposing a time limit on parking shall not relieve any person
from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times. (Ord. 1140 S 1 (part),
1983)
10.32.020 Stopping, Standing, or Parking - Exceptions to Restrictions
The provisions of this chapter prohibiting stopping, standing, or parking of a vehicle shall
apply at all times, or at those times, specified in this chapter, or as indicated on official signs,
except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance
with the directions of a police officer or official traffic-control device. (Ord. 1140 S 1 (part), 1983)
10.32.030 Stopping, Standing, or Parking - Locations Where Prohibited
A. 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 (no signs are required):
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet of a fire hydrant, except where parking areas are
designated and plainly marked by direction of the Director of Public Safety;
5. On a crosswalk;
6. Within twenty feet of a crosswalk at an intersection, except where parking
areas are designated and plainly marked by direction of the Director of
Public Safety;
7. Within thirty feet upon the approach to any flashing beacon, stop sign, or
traffic-control signal located at the side of a roadway, except where parking
areas are designated and plainly marked by direction of the Director of
Public Safety;
8. Between a safety zone and the adjacent curb or within thirty feet of points
on the curb immediately opposite the ends of a safety zone, unless the
Director of Public Safety has indicated a different length by signs or
markings;
9. Within fifty feet of the nearest rail of a railroad crossing, except where
parking areas are designated and plainly marked by direction of the
Director of Public Safety;
10. Within twenty 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
feet of such entrance when properly signposted, except where parking
areas are designated and plainly marked by direction of the Director of
Public Safety;
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;
X~29 10/2005
......---....-.
14. In front of a mailbox or similar receptacle utilized for curbside postal
delivery, except where such receptacle is solely owned by the person
stopping, standing, or parking the vehicle;
15. At any place where official signs or markings prohibit stopping or parking.
B. 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. (Ord. 1484 S 1,
1998; Ord. 1397 S 1, 1995; Ord. 1140 S 1 (part), 1983)
10.32.040 Stopping, Standing, or Parking - Prohibited near Hazardous or Congested
Areas
A. The Director of Public Safety is authorized to determine, and designate by proper
signs, places not exceeding one hundred feet in length in which the stopping,
standing, or parking of vehicles would create an especially hazardous condition or
would cause unusual delay to traffic.
B. When official signs are erected at hazardous or congested places as authorized in
this section no person shall stop, stand, or park a vehicle in any such designated
place. (Ord. 1140 S 1 (part), 1983)
10.32.050 Standing or Parking - Procedure Generally - Distance from Curb
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the
road way headed in the direction of lawful traffic movement and with the right-hand or left-hand
wheels of the vehicle within eighteen inches of the curb or edge of the roadway, except as
otherwise provided in this chapter. (Ord. 1140 S 1 (part), 1983)
10.32.060 Standing or Parking - One-way Streets
The Director of Public Safety is authorized to erect signs upon either or both sides of any
one-way street to prohibit the standing or parking of vehicles, and when such signs are in place,
no person shall stand or park a vehicle upon such side in violation of any such sign. (Ord. 1140
S 1 (part), 1983)
10.32.070 Standing or Parking - One-way Roadways
In the event a highway or street includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon
the left-hand side of such one-way roadway unless signs are erected to permit such standing or
parking. The Director of Public Safety is authorized to determine when standing or parking may
be permitted upon the left-hand side of any such one-way roadway, and to erect signs giving
notice thereof. (Ord.1140S 1 (part), 1983)
10.32.080 Parking - Additional or Temporary Regulations
The Director of Public Safety is authorized to make and enforce such regulations, relative to
parking:
A. In front of buildings in which any considerable number of persons have assembled
or are expected to assemble, as may seem necessary to assure rapid and safe exit
of the assemblage from such building;
B. On any street, highway, or city-operated parking lot for the purpose of permitting
construction, maintenance, or any other work on or use of the street, highway or
city-operated parking lot. (Ord. 1140 S 1 (part), 1983)
X-30 10/2005
10.32.090 Parking - Signs Required
Whenever by this title or any other ordinance of the city any parking time limit is imposed or
parking is prohibited on designated streets or public parking lots, it shall be the duty of the
Director of Public Safety to erect appropriate signs giving notice thereof, and such regulations
shall be effective, unless otherwise specifically provided, when said signs are erected and in
place at the time of any alleged offense. (Ord. 1154 (part), 1984; Ord. 1140 S 1 (part), 1983)
10.32.100 Angle Parking
A. The Director of Public Safety shall determine upon what streets angle parking shall
be permitted, subject to the approval of the City Commission, and shall mark or sign
such streets.
B. Angle parking shall not be indicated or permitted at any place where passing traffic
would thereby be caused or required to drive upon the left side of the street.
C. Upon those streets which have been signed or marked by the direction of the
Director of Public Safety for angle parking, no person shall park or stand a vehicle
other than at the angle to the curb or edge of the roadway indicated by such signs
or markings. (Ord. 1140 S 1 (part), 1983)
10.32.110 Parking - Prohibited Between Curb and Sidewalk
It is unlawful to park any vehicle on that portion of any streets lying between the back of the
curbline and the sidewalk edge nearest the curbline, or on any landscaped portion of the city
streets. (Ord. 1140 S 1 (part), 1983)
10.32.120 Parking - Private Property Restrictions
A. No person shall stand or park a vehicle on any private lot or lot area without the
express or implied consent of the owner thereof.
B. Whenever signs or markings have been erected on any lot or lot area contiguous
or adjacent to a street, thoroughfare, or alley, indicating that no vehicles are
permitted to stand or park thereon, it is unlawful for any person to drive a vehicle
across any curb or lot line or over any driveway from a street or alley into such lot
or area for the purpose of standing or parking such vehicle or for any person to stop,
stand or park any vehicle in such lot or lot area. (Ord. 1140 S 1 (part), 1983)
10.32.130 Parking - Private Signs Prohibited Without Permit
No person shall erect any temporary or permanent sign or use any other marking or device
for the purpose of limiting, prohibiting, or restricting parking upon any public street or highway in
this city unless a permit to so do is first had and obtained from the Director of Public Safety. (Ord.
1140 S 1 (part), 1983)
10.32.140 Parking - Obstructing Traffic Prohibited
No person shall park any vehicle upon a street, other than an alley, in such a manner or
under such conditions as to leave available less than ten feet of the width of the roadway for free
movement of vehicular traffic. (Ord. 1140 S 1 (part), 1983)
10.32.150 Parking - Narrow Street Restrictions
A. The Director of Public Safety is authorized to erect signs indicating no parking upon
any street when the width of the roadway does not exceed twenty feet or upon one
side of a street as indicated by such signs where, in the opinion of the Director of
Public Safety, traffic conditions create a traffic hazard.
B. When official signs prohibiting parking are erected upon narrow streets as
authorized in this section, no person shall park a vehicle upon any such street in
violation of any such sign. (Ord. 1140 S 1 (part), 1983)
X-31 10/2005
___.._._.. _n.__
10.32.160 Alleys - Stopping, Standing, and Parking Restrictions
A. No person shall stop, stand, or park any vehicle at any time, whether occupied or
not, within any alley in the district which includes and is bounded on the north by
Lamme Street, on the east by Wallace Avenue, on the south by Olive Street and on
the west by Seventh Avenue, except temporarily for the purpose of and while
actually engaged in loading or unloading.
B. No person shall stop, stand, or park any vehicle, whether occupied or not, within any
alley in the city other than in the district described in Subsection A of this section,
in such a manner as to prevent the free movement of vehicular traffic or in such a
position as to block the driving entrance to any abutting property except than
temporarily for the purpose of and while actually engaged in loading or unloading.
(Ord. 1140 S 1 (part), 1983)
10,32,170 Parking - Restrictions near Schools
A. The Director of Public Safety is authorized to erect signs indicating no parking upon
that side of any street adjacent to any school property when such parking would, in
his opinion, interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no parking upon that side of a street
adjacent to any school property, no person shall park a vehicle in any such
designated place. (Ord. 1140 S 1 (part), 1983)
10.32.180 Fire Lanes - Establishment - Parking Restrictions
A. The Fire Chief of the City is authorized to designate, layout, and establish fire lanes
of not to exceed twenty feet in width over and across public and private property for
access by fire equipment to buildings within and to post no parking signs thereon.
B. Parking of motor vehicles within a designated and posted fire lane is prohibited and
motor vehicles in such fire lanes shall be subject to removal therefrom at the
owner's expense.
C. Upon application and review by the Fire Chief of the city, or designee, a handicap
bus loading and unloading only area may be designated within a fire lane. The
designation must be posted by appropriate signs. The driver of the bus must
remain, at all times, with the bus, and the bus must vacate the fire lane to
emergency response vehicles. (Ord. 1404 S 1, 1995; Ord. 1140 ~ 1 (part), 1983)
10.32.185 Handicap Bus Loading/Unloading Zones - Establishment - Parking
Restrictions
A. The Director of Public Safety is authorized to designate, layout, and establish
handicap bus loading and unloading zones and to post proper signs thereon.
B. Parking of motor vehicles so as to block the designated handicap bus loading or
unloading area is prohibited, and the motor vehicle is subject to being towed at the
owner's expense. The owner or operator of a vehicle violating this provision is
subject to a fine of not less than one hundred dollars. (Ord. 1404 S 2, 1995)
10.32.190 Tow-away Zones - Establishment - Parking Restrictions
A. The Director of Public Safety is authorized to designate, layout. and establish
tow-away zones and to post proper signs thereon.
B. Parking of vehicles within a designated and posted tow-away zone is prohibited and
vehicles in such tow-away zones shall be subject to removal therefrom at the
owner's expense. (Ord. 1140 S 1 (part), 1983)
X-32 10/2005
10.32.200 Commercial Vehicles - Parking Restrictions
It is unlawful to park any commercial vehicle upon any street for a period of time longer than
one hour; provided, however, that when lawfully and continuously loading or unloading, such
commercial vehicles may remain parked for such time as is necessary to complete such loading
or unloading. Such parking shall be subject to all other and more restrictive provisions of this title
prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at
specified times. (Ord. 1140 S 1 (part), 1983)
10.32.210 Vehicles Transporting Flammable Liquids - Parking Restrictions
No tank truck, tank trailer, or like vehicle containing or used for the transportation of gasoline,
butane, fuel oil, or other highly flammable liquid shall be parked on any street, alley, park, or other
public place, nor upon any private property in this city where it would create a hazard to life or
adjacent property, for a period longer than thirty minutes; but this restriction upon such parking
shall not be construed so as to prevent the delivery of such liquid to retail gas stations or to
private residences or business property, and only for so long as is reasonably necessary to
complete such delivery. (Ord. 1140 S 1 (part), 1983)
10.32.220 Parking - Prohibited for Certain Purposes
No person shall park a vehicle upon any street, roadway, or public parking lot for the principal
purpose of:
A. Displaying such vehicle for sale;
B. Displaying advertising;
C. Washing, greasing, or repairing such vehicle, except repairs necessitated by an
emergency. (Ord. 1140 S 1 (part), 1983)
10.32.230 Large Vehicles - Parking Restrictions
It is unlawful for any operator to park a vehicle with a width greater than eighty-four inches,
or a total length exceeding twenty feet, including load, and any vehicle carrying or used for
carrying livestock, upon any street where angle parking is designated unless such driver shall
hold a special permit from the Director of Public Safety authorizing such parking. (Ord. 1140 S
1 (part), 1983)
10.32.240 Parking - Limitations on Certain Streets
A. The Director of Public Safety is authorized to erect signs or markings upon either
or both sides of any street or highway to prohibit the standing or parking of vehicles
or to restrict such standing or parking.
B. When official signs are erected in each block or markings are placed along a street
or highway indicating that parking is prohibited or restricted, no person shall park
any vehicle in violation of any such sign or marking. (Ord. 1188 S 1, 1985; Ord. 1140
S 1 (part), 1983)
10.32.250 Parking - Maximum Time Designated
A. When signs are erected on any street, alley, or highway within the city designating
a maximum time for parking, no person shall park any vehicle for longer than the
maximum time posted.
B. A vehicle may not return to a parking space in the same block face or within 500
feet of where previously parked on the same block face for a three hour period.
C. Upon expiration of the maximum parking duration as posted, a citation may be
issued, in accordance with Section 10.32.410 of this code, to any vehicle which
remains parked or stopped on the same block face unless:
X-33 10/2005
1. The vehicle has moved more than 500 lineal feet, measured along the curb
or edge line;
2. The vehicle has moved to an unregulated area in the same block face; or
3. The vehicle has vacated the block face for a minimum of 3 hours.
D. Not withstanding the foregoing, no person shall park a vehicle for longer than
forty-eight consecutive hours at any time upon a street, alley, or highway within the
city. Signs may be erected by the Director of Public Safety giving notice thereof.
However, the signs are not required. (Ord. 1579 S 1, 2002; Ord. 1154 (part), 1984;
Ord. 1140 S 1 (part), 1983)
10.32.260 City~operated Parking Lots - Maximum Time Designated
When signs are erected in city-operated parking lots giving notice of maximum parking
duration, no person shall park any vehicle for longer than the maximum duration as posted. (Ord.
1400 S 1, 1995; Ord. 1140 S 1 (part), 1983)
10.32.270 Loading Zones - Designation Authority
The Director of Public Safety shall have authority to determine the location of loading zones
and shall erect and maintain, or cause to be maintained, appropriate signs indicating the same.
(Ord. 1140 S 1 (part), 1983)
10.32.280 Loading Zones - For Use by the Public
Any loading zone established by the Director of Public Safety as authorized in this chapter
shall be for the use of the general public and shall not be restricted to the exclusive use of the
occupants of property adjacent to any such loading zone. (Ord. 1140 S 1 (part), 1983)
10.32.290 Loading Zones - Use Restrictions
No person shall stop, stand, or park a vehicle for any purpose or period of time other than
for the expeditious loading or unloading of passengers or unloading and delivery or pickup and
loading of materials in any place marked as a loading zone. (Ord. 1140 S 1 (part), 1983)
10.32.300 Loading and Unloading - Backing into Curb Permitted When
A. At every pickup and delivery point in the main business district of the city where
there is an accessible rear entrance, vehicles used for the transportation of
merchandise and materials shall use such rear entrance.
S. No person shall stand or park a vehicle at an angle to the curb for the purpose of
loading or unloading, or for any purpose, when such vehicle so parked or standing
extends into the street or roadway so as to impair the normal flow of traffic, unless
a special permit for such parking or standing is issued by the director of public
safety to cover emergency conditions. (Ord. 1140 S 1 (part), 1983)
10.32.310 Buses - Parking Restrictions
The driver of a public bus shall not park upon any street in any business district at any place
other than at a public bus stop, except that this provision shall not prevent the driver of such
vehicle from temporarily stopping in accordance with other stopping or parking regulations at any
place for the purpose of and while actually engaged in loading or unloading passengers. (Ord.
1140 S 1 (part), 1983)
10.32.320 Bus Stops and Taxi Stands - Designation Authority
The Director of Public Safety shall have authority to determine the location of public bus
stops and taxi stands, and shall erect and maintain or cause to be maintained, appropriate signs
indicating the same. (Ord. 1140 S 1 (part), 1983)
X-34 10/2005
10.32.330 Bus Stops and Taxi Stands - Use Restrictions
No person shall stop, stand, or park a vehicle other than a public bus in a public bus stop or
stand, or other than a taxicab in a taxicab stand when any such stop or stand has been officially
designated and appropriately signed, except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in loading or unloading
passengers, when such stopping does not interfere with any public bus or taxicab waiting to enter
or about to enter such zone. (Ord. 1140 S 1 (part), 1983)
10.32.340 Illegal Parking - Vehicle Owner Responsibility
If any vehicle is found in violation of this chapter or any role, regulation, sign or marking in
force pursuant thereto, controlling stopping, standing or parking of vehicles, any person in whose
name such vehicle is registered shall be responsible for such violation. (Ord. 1188 S 2, 1985; Ord.
1140 S 1 (part), 1983)
10.32.350 Procedure for the Establishment of a Residential On-street Parking Permit
Regulation Program
A. Pursuant to the powers granted to local governments pursuant to Montana state law
to regulate the standing or parking of vehicles on public streets, the use of public
streets and traffic upon public streets, the City Commission may, after holding a
public hearing on any residential parking permit proposal, create pursuant to
ordinance areas of the city to be designated as residential parking permit areas
during specified times of the day and week if the City Commission finds that the
residential area under consideration for such a designation is:
1. Predominantly residential in character;
2. An area the streets of which are regularly congested with vehicles parked
by persons not residing in the area; and
3. An area where limiting the parking of vehicles along the public streets
better provides adequate motor vehicle parking for residents of the area;
and finds that the creation of a residential parking permit area in the
residential area under consideration would further one or more of the
following objectives:
a. Promoting tranquility among commuters and residents;
b. Reducing noise;
c. Reducing traffic hazards; or
d. Reducing litter.
S. Any ordinance designating an area of the city as a residential permit parking area
shall describe:
1. The designated public street area along which parking will be limited to
vehicles registered to or controlled and exclusively used by persons
residing in the area;
2. Hours of each day and days of each week that the residential parking
permit regulations shall be in effect;
3. The individuals eligible to purchase a permit;
4. Effective dates of annual permits;
5. Any special provisions or exceptions applicable to schools, churches,
businesses, public park use, etc. within the residential area; and
6. Visitor permit or special gathering provisions for the residential area.
X-35 10/2005
C. Upon adoption of any ordinance by the City Commission designating an area for
residential permit parking only, signs shall be erected along the streets identified in
the ordinance prior to any enforcement of the residential parking permit regulation
pursuant to Section 10.32.090 of the Bozeman Municipal Code. The parking signs
erected shall give notice of the general nature of the parking limitation and shall
indicate the hours and days when such parking limitations shall be in effect. (Ord.
1376 S 1, 1993; Ord. 1345 S 1, 1992)
10.32.360 Limitations on Parking in a Residential Parking Permit Only Area
A. It is unlawful for any person to stop, stand, or park a vehicle on any street
designated a residential permit only parking area during the hours and on the days
set forth in an ordinance adopted by the City Commission, except in the following
circumstances:
1. Those vehicles displaying a valid residential parking permit or a temporary
visitor's permit for the area; or
2. An emergency vehicle, including, but not limited to an ambulance, fire
engine, or police vehicle; or
3. A clearly marked business vehicle which is under the control of a person
providing a service to persons or property located in the designated
residential permit only parking area, including but not limited to a delivery
vehicle. (Ord. 1345 S 2, 1992)
10.32.370 Residential Parking Permit - Application Procedure
Applications for residential parking permits shall be submitted to the City on a prescribed
form and shall be accompanied by proof in a form satisfactory to the City of the applicant's place
of residence within the residential parking permit only area, as well as proof of registration of use
and control of each vehicle for which a residential parking permit is sought. Each application shall
be accompanied by the appropriate fee for each vehicle for which a parking permit is sought. No
part of the parking permit fees shall be refundable. The amount of the fees shall be established
by resolution at the level that covers the cost of administration and enforcement of the residential
parking permit regulations in the residential area. (Ord. 1345 S 3, 1992)
10.32.380 Residential Parking Permit - Form and Issuance
A. Upon approval by the City of the application of any person residing in a residential
parking permit only area, a residential parking permit shall be issued for each
vehicle receiving approval. Upon approval by the City of the application of any
person residing in a residential parking permit only area for a temporary visitor's
permit, such permit shall be issued by the City. No more than two temporary
visitor's parking permits shall be issued annually for a single residential dwelling
unit. Temporary visitors' parking permits shall be used only by visitors of the
dwelling unit to which the permits were issued and are valid only while visiting that
dwelling unit.
B. Each residential parking permit issued by the City for a vehicle shall set forth at least
the date of issuance and the license number of the vehicle for which it is issued.
Each temporary visitor's permit issued by the City shall set forth at least the date of
issuance and the address of the resident to which it is issued. Annual permits shall
be required. A permit shall be valid for no longer than the permit year of issuance
and is not transferrable. The issuance of a residential parking permit does not serve
as a guarantee that there will always be a parking space available for the permit
holder on the public streets within the designated residential parking permit area.
(Ord. 1401 S 1, 1995; Ord. 1345 S 4, 1993)
X.36 10/2005
10.32.390 Lawful Display of Residential Parking Permits Required
A. Unless otherwise agreed to by a Bozeman parking control officer in writing,
residential parking permits shall be affixed to the left rear bumper and temporary
visitors' permits and employee permits shall be hung from the interior rearview
mirror facing the windshield. It is unlawful to either fail to display or improperly
display a residential parking permit or to attempt to use a residential parking /permit
from another area in a designated residential area.
S. It is unlawful for the holder of a residential parking permit to fail to surrender it when
directed to do so.
C. It is unlawful for any person to represent in any fashion that a vehicle is entitled to
a residential parking permit authorized by Section 10.32.370 or other applicable
provisions when it is not so entitled. The display of a residential parking permit on
a vehicle not entitled to such a permit shall constitute such a representation.
D. It is unlawful for any person to duplicate, by any means, a parking permit authorized
by Section 10.32.370 or other applicable provisions. It is also unlawful for any
person to display on any vehicle such a duplicate parking permit. (Ord. 1401 S 2,
1995; Ord. 1383 S 1, 1994; Ord. 1345 S 5, 1992)
10.32.395 Montana State University Residential On~street Parking Permit Regulation
Program
A. The area designated, pursuant to this chapter, as the Montana State University
residential on-street parking permit program, and hereinafter referred to as "MSU
residential district," shall be as follows (listed streets and avenues include the full
right-of- way unless specifically noted):
Beginning at the northwest comer of the intersection of South 12th
Avenue and West Dickerson Street, thence southerly to West
Alderson Street, thence westerly to South 13th Avenue, thence
southerly to the centerline of West College Street, thence easterly
along the centerline of West College Street to the centerline of South
8th Avenue, thence southerly along the centerline of South 8th Avenue
to the centerline of West Harrison Street, thence easterly along the
centerline of West Harrison Street to the centerline of South 6th
Avenue, thence southerly along the centerline of South 6th Avenue to
the centerline of West Grant Street, thence easterly along the
centerline of West Grant Street to the alley between South 5th Avenue
and South 6th Avenue, thence southerly to the south right-of-way
boundary of West Grant Street, thence easterly along the south
right-of-way boundary of West Grant Street to South 5th Avenue,
thence southerly to the north boundary of the Lincoln Street
right-of-way, thence easterly along the north boundary of the Lincoln
Street right-of-way to the centerline of South Third Avenue, thence
southerly along the centerline of South Third Avenue to the
intersection of South Third Avenue and Kagy Boulevard, thence
easterly to the east right-of-way boundary of South Grand Avenue,
thence northerly to the north right-of-way boundary of Lincoln Street,
thence easterly along the north right-of-way boundary of Lincoln Street
to the west right-of-way boundary of South Willson Avenue, thence
northerly along the west right-of-way boundary of South Willson
Avenue to West Arthur Street, thence westerly to South Grand
Avenue, thence northerly to West Cleveland Street, thence westerly
to South 3rd Avenue, thence northerly to the south right-of-way
X-37 10/2005
---,,-- .--------..-.---- ..---..-.. --"'- --"...".-.-- --_.~._._-----_.
boundary of West Harrison Street, thence easterly to the west
right-of-way boundary of South Grand Avenue, thence northerly to the
north right-of-way boundary of West Harrison Street, thence westerly
to South 5th Avenue, thence northerly to the south right-of-way
boundary of West College Street, thence easterly to the west
right-of-way boundary of South 4th Avenue, thence northerly to the
north right-of-way boundary of West College Street, thence westerly
to the centerline of South 5th Avenue, thence northerly along the
centerline of South 5th Avenue to West Alderson Street, thence
easterly to the east right-of-way boundary of South 5th Avenue, thence
northerly to West Dickerson Street, thence westerly to the east right-
of-way boundary of South 7th Avenue, thence northerly to the south
right-of-way boundary of West Story Street thence westerly to the west
right-of-way boundary of South 7th Avenue, thence southerly to West
Dickerson Street, thence westerly to South 12th Avenue, the point of
beginning.
The district shall also include South 14th Avenue from Dickerson Street to
College Street, the east side of South 15th Avenue from Alderson Street to
College Street, the west side of South 15th Avenue from Dickerson Street to
College Street, and West Alderson Street from South 13th Avenue to South
14th Avenue.
B. No vehicle other than emergency vehicles or vehicles providing services within the
MSU residential district or vehicles having a valid residential parking permit may
park on any street within the MSU residential district between the hours of eight a.m.
and five p.m., Monday through Friday, except for legal holidays. Whenever parking
is otherwise regulated within the MSU residential district, the posted regulation shall
apply.
C. These regulations will be enforced by the Department of Public Safety - Police or
designee.
D. The Department of Public Service will post signs in accordance with the manual on
uniform traffic-control devices that indicate the general nature of the restrictions and
the hours and days when the restrictions are in effect.
E. Permits shall be issued for an annual permit year beginning August 1 st.
F. The amount of the permit fees shall be established by resolution.
G. Permits shall be issued by the Bozeman police department or designee. Permits
may be issued for motor vehicles only upon application by a legal resident within the
MSU residential district who has a motor vehicle or vehicles registered in the
applicant's name or who has a motor vehicle for the applicant's exclusive use and
under the applicant's control and satisfying the requirements of Sections 10.32.370
and 10.32.380.
H. No more than two visitor permits shall be issued annually to each single residential
dwelling unit for use by visitor vehicles.
I. Nonresidential uses may be provided with posted time limit parking as approved by
the Director of Public Safety.
J. Each business owner or individual employed within the MSU residential district is
eligible to purchase one residential permit.
K. Annual visitor permits may be issued to non-residential uses located within the
district for circumstances not otherwise provided for within this section.
L. Upon request by a resident or employer within the MSU residential district, the
Bozeman Police Department or designee may issue special gathering permits.
X-38 10/2005
---.. --...---..-...-..-.....- ...
M. Residential permits shall become void if either the owner/operator of the vehicle
moves out of the MSU residential district or the owner/operator of the vehicle sells
the vehicle. A permit holder who moves within the MSU residential district or
purchases another vehicle and desires to transfer the permit must apply for such
transfer and pay the fee as established by resolution.
N. The MSU residential district boundaries may be revised by ordinance. (Ord. 1644
S 2, 2005; Ord. 1640 S 4, 2005; Ord. 1537 S 20, 2001; Ord. 1536 S 2, 2001; Ord.
1415 S 2, 1996; Ord. 1405 S 2, 1995; Ord. 1401 S 3, 1995; Ord. 1395 S 2, 1994;
Ord. 1393 S 2, 1994; Ord. 1392 S 2, 1994; Ord. 1391 S 2, 1994; Ord. 1384 S 2,
1994; Ord. 1377 S 2,1994)
10.32.396 Bozeman Senior High School Residential On~street Parking Permit Regulation
Program
A. The streets designated, pursuant to this chapter, as the Bozeman Senior High
School residential on-street parking permit program, and hereinafter referred to as
"BSHS residential district", shall be as follows, and as depicted on Exhibit "A",
attached hereto:
East side of N. 11 th between Mendenhall and Durston;
Both sides of N. 10th between Mendenhall and Durston;
Both sides of N. 9th between Mendenhall and Villard;
Both sides of W. Villard from N. 9th to N. 11th;
Both sides of W. Beall from N. 9th to N. 11th;
Both sides of W. Lamme from N. 9th to N. 11 th;
North side of W. Mendenhall from N. 9th to N. 11th;
West side of N. 15th from W. Beall to Durston;
Portions of the east side of N. 15th including the 100 and 200 blocks
and from 410 N. 15th north to Durston;
West side of S. 11 th from Babcock to Curtiss;
East side of S. 11 th from Babcock to Olive;
Both sides of S. 10th from Main to Olive;
West side of S. 9th from Babcock to Olive;
Both sides of West Babcock from S. 9th to S. 11th;
North side of West Olive from S. 9th to S. 11th;
Both sides of West Beall from N. 15th to N. 16th, including the street
frontage adjacent to 1602 West Beall, and
The east side of South Ninth Avenue, from West Babcock Street south
to the alley between West Babcock and West Olive Street.
B. No vehicle other than emergency vehicles or vehicles providing services within the
BSHS residential district or vehicles having a valid residential parking permit may
park on any street within the BSHS residential district between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, except for legal holidays. Whenever
parking is otherwise regulated within the BSHS residential district, the posted
regulations shall apply.
C. These regulations will be enforced by the Bozeman Police Department or designee.
D. The Department of Public Service will post signs in accordance with the Manual on
Uniform Traffic Control Devices that indicate the general nature of the restrictions
and the hours and days when the restrictions are in effect.
E. Permits shall be issued for an annual permit year beginning August 1 .
F. The amount of the permit fees shall be established by resolution.
X~39 10/2005
-
G. Permits shall be issued by the Bozeman Police Department or designee. Permits
may be issued for motor vehicles only upon application by a legal resident within the
BSHS residential district who has a motor vehicle or vehicles registered in the
applicant's name, or who has a motor vehicle for the applicant's exclusive use and
under the applicant's control, and satisfying the requirements of Section 10.32.370
and 10.32.380.
H. No more than two visitor permits shall be issued annually to each single residential
dwelling unit for use by visitor vehicles.
I. Non-residential uses may be provided with posted time limit parking as approved
by the Director of Public Safety.
J. Each business owner or individual employed within the BSHS residential district is
eligible to purchase one residential permit.
K. Annual visitor permits may be issued to non-residential uses located within the
district for circumstances not otherwise provided for within this section.
L Upon request by a resident or employer within the BSHS residential district, the
Bozeman Police Department or designee may issue special gathering permits.
M. Residential permits shall become void if either the owner/operator of the vehicle
moves out of the BSHS residential district or the owner/operator of the vehicle sells
the vehicle. A permit holder who moves within the BSHS residential district or
purchases another vehicle and desires to transfer the permit must apply for such
transfer and pay the fee as established by resolution.
N. The BSHS residential district boundaries may be revised by ordinance. (Ord. 1568
S 2, 2002; Ord. 1542 S 2, 2001)
10.32.400 Legislative Intent
It is the intent of the City Commission that the criminal offenses listed in this chapter are
offenses involving absolute liability. Those offenses shall not require proof of anyone of the
mental states described in subsections (33), (37), and (58) of Section 45-2-1 01, MCA. (Ord. 1345
S 6, 1992; Ord. 1140 S 1 (part), 1983; Ord 1126 S 2, 1983)
10.32.410 Enforcement - Penalty for Violations
A. It is a misdemeanor for any person to violate any of the proVisions of this chapter.
S. Every person convicted of a misdemeanor for a violation of any of the provisions of
this chapter shall be punished by a fine of not less than fifteen dollars or more than
five hundred dollars with the following exceptions:
1. The minimum fine for violation of Section 1 0.32.390{A) shall be five dollars.
2. Violation of Sections 10.32.390(B) through (D), inclusive, shall be
punishable by a fine not exceeding five hundred dollars or imprisonment
not exceeding six months or both.
3. The minimum fine for parking in violation of Section 10.32.180 shall be:
First citation $50.00
Second citation $50.00
Third and subsequent citations $100.00
The determining factor with respect to the fine is the issuance of
the citation and not the conviction.
C. Upon conviction, the court costs or any part thereof may be assessed against the
violator in the discretion of the court. (Ord. 1580 S 1, 2002; Ord. 1481 S 1,1998;
X-40 10/2005
. _....___..___..._...__. ...._._____u .. .---.-..-.- . .. -. -.-.. ....-.... -.".-.-...
Ord. 1469 S 1,1998; Ord. 1428 S 1, 1996; Ord. 1383 S 2,1994; Ord. 1345 S 7,
1992; Ord. 1140 S 1 (part), 1983)
X-41 10/2005
____.____. .._n."'._....__...___ _..
Chapter 10.34
HANrnCAPPEDPAR~NG
Sections:
General Provisions
10.34.010 Title
10.34.020 Minimum Requirements
Definitions
10.34.030 Physically Handicapped
10.34.040 Handicapped Parking Stall
10.34.050 Other Definitions
Administration and Enforcement
10.34.060 Parking in Designated Handicapped Stalls
10.34.070 Display of Handicapped Symbol - Privileges
10.34.080 Duties of the Police Division
10.34.090 Duties of Other Public Employees
Violation - Penalties
10.34.100 Designated
General Provisions
10.34.01 0 Title
This chapter shall be known and cited as the Handicap Parking Ordinance of the city and
referred to as such in this title. (Ord. 1116 ~ 1 (part), 1982; prior code S 11.12.010)
10.34.020 Minimum Requirements
In their interpretation and application the provisions of this chapter shall be held to be
minimum requirements adopted as an exercise of the general police powers of the city for the
promotion of the health, safety, and welfare of the physically handicapped citizens of the
community. (Ord. 1116 S 1 (part), 1982; prior code S 11.12.020)
Definitions
10.34.030 Physically Handicapped
"Physically handicapped" means one who holds a valid driver's license and owns a motor
vehicle, other than a commercial vehicle, and has a permanent physical disability that impairs
their mobility when not in a motor vehicle; or regardless of whether they hold a driver's license
or own a motor vehicle, have a permanent physical disability that impairs their driving ability and
impairs their mobility when not in a motor vehicle to such an extent that they need to be driven
by another person to a destination. (Ord. 1116 9 2 (part), 1982; prior code S 11.12.030)
10.34.040 Handicapped Parking Stall
"Handicapped parking stall" means one so designated by the use of the nationally recognized
handicapped sign or symbol. (Ord. 1116 S 2 (part), 1982; prior code S 11.12.040)
X-42 10/2005
--- -..- --..--......-. ..--.---- --.-
10.34.050 Other Definitions
All other definitions applicable to this chapter shall be found in Section 10.04.020. (Ord. 1116
S 2 (part), 1982; prior code S 11.12.050)
Administration and Enforcement
10.34.060 Parking in Designated Handicapped Stalls
Pursuant to the provisions of Title 49, Chapter 4, Part 3, MCA, it is unlawful for anyone to
park, stop, or stand at a designated handicapped parking stall as defined in this chapter, whether
on the public right-of-way or in public parking lots, except those displaying a handicap symbol
issued by the Division of Motor Vehicles or other competent jurisdiction. (Ord. 1116 S 3 (part),
1982; prior code S 11.12.060)
10.34.070 Display of Handicapped Symbol - Privileges
A. Handicapped persons, as defmed in this chapter, shall be granted the privilege of
parking at the designated handicapped locations, as listed in Section 10.34.050,
subject to all other limitations of this title such as time limit, parking close to curb,
etc., only when the handicapped symbol has been prominently displayed in the
windshield of the vehicle.
S. Exception. The privilege shall not be extended to those persons not disabled,
displaying the handicapped symbol while they are not engaged in transporting,
delivering or picking up the handicapped. (Ord. 1116 S 3 (part), 1982; prior code S
11.12.070)
10.34.080 Duties of the Police Division
It shall be the duty of the police division to enforce the provisions of this chapter, issue
citations for the violation thereof, and assist in the prosecution of those persons violating this
chapter. (Ord. 1116 S 3 (pan), 1982; prior code S 11.12.080)
10.34.090 Duties of Other Public Employees
The proVisions of this chapter shall apply to the driver of any vehicle owner by or used in the
service of the United States Government, the state, the county, or the city, and it is unlawful for
any driver to violate any of the provisions of this chapter, except those vehicles designated as
emergency vehicles. (Ord. 1116 S 3 (part), 1982; prior code S 11.12.090)
Violation - Penalties
10.34.100 Designated
Any person violating the provisions of this chapter shall upon conviction thereof be punished
by a fine of not less than fifteen dollars nor more than one hundred dollars. (Ord. 1116 S 4, 1982)
X-43 10/2005
Chapter 10.40
TAXICABS AND BUSES
Sections:
10.40.010 Licensing and Regulation of For-hire Vehicles
10.40.010 Licensing an Regulation of For-hire Vehicles
It is unlawful for any person, firm, or corporation to operate any taxicab, bus, or other vehicle
for hire for the purpose of carrying passengers within the city without first obtaining a license for
such operation, in accordance with the provisions of the ordinances of the city, and any
amendments thereto, regulating the licensing of taxicabs and buses, and without fully complying
with all the applicable provisions of the laws of the state governing the licensing and regulation
of motor carriers. (Prior code S 11.04.420)
X-44 10/2005
- ~
Chapter 10.42
ESTABLISHMENT OF TRUCK ROUTES
Sections:
10.42.010 Definitions
10.42.020 Application of Chapter
10.42.030 Traffic Within the City
10.42.040 Exceptions
10.42.050 Routes Established
10.42.060 Maps Indicating Routes
10.42.080 Enforcement
10.42.010 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Axle" means a transverse beam which is the common axis of rotation of one or
more wheels and which, to receive credit for allowable total gross loading, must be
capable of continuously transmitting a proportionate share of the total gross load to
the roadway when the axle is in operation.
S. "Deviating truck" means a truck which leaves and departs from a truck route while
traveling inside the city.
C. "Local Delivery" means a delivery of goods or other property to a warehouse, carrier,
or other person in the ordinary course of business to a specific location upon a
specific street within the Bozeman city limits.
D. "Trailer" means every vehicle, with or without motor power, designed for carrying
property and for being drawn by a motor vehicle. For the purposes of this chapter,
the term includes only trailers with three or more axles and designed to carry
property wholly on its own structure which must be drawn by a motor vehicle.
E. "Truck" means any vehicle designed, used, maintained, or operated for the primarily
for the transportation of personal property and, for the purposes of this chapter, has
three or more axles. The term "truck" as used in this chapter will also include any
vehicle pulling a trailer as defined herein.
F. "Through Truck Traffic" means any truck traffic which does not have a destination
point on the street upon which it is traveling.
G. "Truck route" means a way over certain streets, as designated by ordinance, over
and along which trucks coming into, going out of, and traveling within the city must
operate. (Ord. 1553 S 3, 2001)
10.42.020 Application of Chapter
This section will apply to all trucks as defined herein or any vehicle pulling trailers as defined.
(Ord. 1553 S 3, 2001)
10.42.030 Traffic Within the City
Through truck traffic is prohibited upon any street which is not a designated truck route
except:
A. All trucks on a trip originating in the city will proceed on the shortest route possible
to a street upon an established truck route.
B. All trucks entering the city will proceed over an established truck route and will
deviate only at the intersection with the street nearest to the destination point.
X-45 10/2005
Upon leaving the destination point, a deviating truck must travel to its next
destination or the nearest truck route, whichever is closest, by the shortest route
possible. (Ord. 1553 S 3, 2001)
10.42.040 Exceptions
This article does not prohibit the operation of:
A. Trucks where necessary to conduct business at a point of destination;
B. Emergency vehicles upon any street in the city;
C. Trucks upon any detour properly established by the City;
D. School buses being driven to either pick up or deliver students to the school or their
homes. (Ord. 1553 S 3, 2001)
10.42.050 Routes Established
The Commission will designate truck routes and alternate truck routes by separate resolution.
Additionally, the Commission, in its discretion may prohibit truck traffic on specific streets. The
Director of Public Service or designee will ensure the proper signing of all routes including but not
limited to any streets which are prohibited to truck traffic, for local delivery only, and truck routes.
(Ord. 1553 S 3, 2001)
10.42.060 Maps Indicating Routes
The Clerk of the Commission will keep and maintain accurate maps setting out truck routes
and streets upon which truck traffic is permitted. All maps will be made available to the public.
(Ord. 1553 S 3, 2001)
10.42.080 Enforcement
Violations of this section will be punishable as set forth in 10.60.030, BMC. (Ord. 1553 S 3,
2001 )
X-46 10/2005
--.-.".-...--.............
Chapter 1 0.44
MISCELLANEOUS REGULATIONS
Sections:
1 0.44.01 0 Stepping on or off Moving Vehicles
10.44.020 Railroad Trains Blocking Streets
10.44.030 Clinging to Moving Vehicle's
10.44.040 Riding Animals, Animal-drawn Vehicles, and Pushcarts
10.44.050 Toy Vehicles and Roller Skates
10.44.010 Stepping on or off Moving Vehicles
No person shall board or alight from any streetcar or vehicle while such streetcar or vehicle
is in motion. (Prior code S 11.04.385)
10.44.020 Railroad Trains Blocking Streets
It is unlawful for the directing officer or the operator of any railroad train to direct the operation
of or to operate the same in such a manner as to prevent the use of any street for purposes of
travel for a period of time longer than ten minutes, except that this provision shall not apply to
trains or cars in motion other than those engaged in switching. (Prior code S 11.04.390)
10.44.030 Clinging to Moving Vehicles
Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle
shall not attach the same or himself to any street car or moving vehicle upon any roadway. (Prior
code S 11.04.380)
10.44.040 Riding Animals, Animal-drawn Vehicles, and Pushcarts
Every person propelling any pushcart or riding an animal upon a roadway, and every person
driving any animal-drawn vehicle, shall be subject to the provisions of this title applicable to the
driver of any vehicle, except those provisions of this title which by their very nature can have no
application. (Prior code S 11.04.130)
10.44.050 Toy Vehicles and Roller Skates
No person upon roller skates, or riding in or by means of any coaster, toy vehicle. or similar
device, shall go upon any roadway except while crossing a street on a crosswalk, and when so
crossing such person shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians. This section shall not apply upon any street while set aside as a play
street as authorized by ordinance of this city. No person shall ride any roller skates, coasters, or
scooters upon any sidewalk within the main business district. (Prior code S 11.04.395)
X-47 10/2005
Chapter 10.48
BICYCLES
Sections:
10.48.010 Regulations Applicable - Responsibility of Parents and Guardians
10.48.020 License - Required
10.48.030 License - Application and Fee
10.48.040 License - Issuance Conditions - Record Keeping
10.48.050 Attachment of License Plate
10.48.060 Inspection Prerequisite to Licensing
10.48.070 Transfer of Ownership
10.48.080 Rental Agency Requirements
10.48.090 Traffic Laws Applicable
10.48.100 Traffic-control Devices - Obedience Required
10.48.110 Operation Restrictions
10.48.120 Riding on Streets, Roadways, and Bicycle Paths - Restrictions
10.48.130 Speed Limits
10.48.140 Yield RightMof-way upon Crossing Sidewalk or Entering Roadway
10.48.150 Clinging to Vehicles Prohibited
10.48.160 Carrying Articles - Limitation
10.48.170 Parking
10.48.180 Riding on Sidewalks - Restrictions
10.48.190 Brakes and Lights
10.48.200 Violation - Penalty - Violations by Minors
10.48.010 Regulations Applicable - Responsibility of Parents and Guardians
A. It is a violation of this chapter for any person to do any act forbidden or fail to
perform any act required in this chapter.
B. The parent of any child and the guardian of any ward shall not authorize or
knowingly permit any such child or ward to violate any of the provisions of this
chapter.
C. These regulations applicable to bicycles shall apply whenever a bicycle is operated
upon any street or upon any public path set aside for the exclusive use of bicycles,
subject to those exceptions stated in this chapter. (Prior code S 11.04.470)
10.48.020 License - Required
No person who resides within the city shall ride or propel a bicycle on any street or upon any
public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and
a license plate is attached thereto as provided in this chapter. (Prior code S 11.04A75)
10.48.030 License - Application and Fee
Applications for a bicycle license and license plate shall be made upon a form provided by
the City and shall be made to the Chief of Police. An annual license fee of twenty-five cents shall
be paid to the city before each license or renewal thereof is granted. (Prior code 9 11.04.480)
10.48.040 License - Issuance Conditions - Record Keeping
A. The Chief of Police, upon receiving proper application therefor, is authorized to
issue a bicycle license, which shall be effective until the next succeeding first day
of January.
X-48 10/2005
B. The Chief of Police shall not issue a license for any bicycle when he knows or has
reasonable grounds to believe that the applicant is not the owner of or entitled to the
possession of such bicycle.
C. The Chief of Police shall keep a record of the number of each license, the date
issued, the name and address of the person to whom issued, the number on the
frame of the bicycle for which issued, and a record of all bicycle license fees
collected by him. (Prior code S 11.04.485)
10.48.050 Attachment of License Plate
A. The Chief of Police, upon issuing a bicycle license, shall also issue a license plate
bearing the license number assigned to the bicycle, the name of the city, the
calendar year for which issued and the expiration date thereof.
B. The Chief of Police shall cause such license plate to be firmly attached to the rear
mudguard or frame of the bicycle for which issued, in such position as to be plainly
visible from the rear.
C. No person shall remove a license plate from a bicycle during the period for which
issued except upon a transfer of ownership or in the event the bicycle is dismantled
and no longer operated upon any street in the city. (Prior code S 11.04.490)
10.48.060 Inspection Prerequisite to Licensing
The Chief of Police, or an officer assigned such responsibility, shall inspect each bicycle
before licensing the same, and shall refuse a license for any bicycle which he determines is in
an unsafe mechanical condition. (Prior code S 11.04.495)
10.48.070 Transfer of Ownership
Upon the sale or other transfer of a licensed bicycle the licensee shall remove the license
plate and shall either surrender the same to the Chief of Police or may, upon proper application
and payment of additional fee of twenty-five cents, have the plate assigned to another bicycle
owned by the applicant. (Prior code S 11.04.500)
10.48.080 Rental Agency Requirements
A rental agency shall not rent or offer any bicycles for rent unless the bicycle is licensed and
a license plate is attached thereto as provided herein and such bicycle is equipped with the lamps
and other equipment required in this chapter. (Prior code S 11.04.505)
10.48.090 Traffic Laws Applicable
Every person tiding a bicycle upon a street or 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 the laws of this state
declaring rules of the road applicable to vehicles, or by the traffic ordinances of this city applicable
to the driver of a vehicle, except as to special regulations in this title, and except as to those
provisions of laws which by their nature can have no application. (Prior code S 11.04.510)
10.48.100 Traffic-control Devices - Obedience Required
A. Any person operating a bicycle shall obey the instructions of official traffic-control
signals, signs, and other control devices applicable to vehicles, unless otherwise
directed by a police officer.
B. Whenever authorized signs are erected indicating that no right or left or U turn is
permitted, no person operating a bicycle shall disobey the direction of any such
sign, except where such person dismounts from the bicycle to make any such turn,
in which event such person shall then obey the regulations applicable to
pedestrians. (Prior code S 11.04.515)
X-49 10/2005
10.48.110 Operation Restrictions
A. A person propelling a bicycle shall not ride other than astride a permanent and
regular seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped. (Prior code S 11.04.520)
10.48.120 Riding on Streets, Roadways, and Bicycle Paths - Restrictions
A. Every person operating a bicycle upon a street or roadway shall ride as near to the
right-hand side of the roadway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction.
B. Persons riding bicycles upon a street or roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive use of
bicycles.
C. Whenever a usable path for bicycles has been provided adjacent to a street or
roadway, bicycle riders shall use such path and shall not use the street or roadway.
(Prior code S 11.04.525)
10.48.130 Speed Limits
No person shall operate a bicycle at a speed greater than is reasonable and prudent under
the conditions then existing. (Prior code S 11.04.530)
10.48.140 Yield Right-of-way upon Crossing Sidewalk or Entering Roadway
The operator of a bicycle emerging from an alley, driveway or building shall, upon
approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-
of~way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the
roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Prior code S
11 .04.535)
10.48.150 Clinging to Vehicles Prohibited
No person riding upon any bicycle shall attach the same or himself to any vehicle upon a
street or roadway. (Prior code S 11.04.540)
10.48.160 Carrying Articles - Limitation
No person operating a bicycle shall carry any package, bundle, or article which prevents the
rider from keeping at least one hand upon the handlebars. (Prior code S 11.04.545)
10.48.170 Parking
No person shall park a bicycle upon a street other than upon the roadway against the curb
or upon the sidewalk in a rack to support the bicycle or against a building or at the curb in such
manner as to afford the least obstruction to pedestrian traffic. No person shall park a bicycle
against a glass window at any time. (Prior code S 11.04.550)
10.48.180 Riding on Sidewalks - Restrictions
A. No person shall ride a bicycle upon any sidewalk within the main business district.
B. No person over the age of fifteen years shall ride any bicycle upon any sidewalk
within the city.
C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield
the right~of-way to any pedestrian, and shall give audible signal before overtaking
and passing such pedestrian. (Prior code S 11.04,555)
X-50 10/2005
-
10.48.190 Brakes and Lights
A. 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 two hundred feet to
the front and with a red reflector on the rear of a type which shall be visible from all
distances from fifty feet to three hundred feet to the rear when directly in front of
lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light
visible from a distance of three hundred feet to the rear may be used in addition to
the red reflector.
B. Every bicycle shall be equipped with a brake which will enable the operator to make
the braked wheel skid on dry, level, and clean pavement. (Prior code S 11.04.560)
10.48.200 Violation - Penalty - Violations by Minors
Every person, firm, or corporation convicted of violation of any of the provisions of this
chapter shall be punished by a fine not exceeding three hundred dollars or by imprisonment in
the city or county jail for a period not exceeding ninety days, or by both such fine and
imprisonment, except in the case of violation by minors under the age of eighteen years. In case
of violation by any minor, or by any other person, a police officer is given the authority and power
to remove and detain the license plate of such person's bicycle for a period not exceeding thirty
days, or to take possession of and impound such person's bicycle so operated by the violator at
the time of such violation, for a period not exceeding thirty days, or by any combination thereof,
or such minor may be dealt with in accordance with the provisions of the laws of the state
governing juvenile delinquents. (Prior code S 11.04.565)
X-51 10/2005
Chapter 10.52
PEDESTRIANS
Sections:
10.52.010 Pedestrians Subject to Restrictions and Traffic-control Signals
10.52.020 Crosswalks - Pedestrian Right-of-way
10.52.030 Crosswalks - Method of Use
10.52.040 Crossing Roadways - Shortest Route Required
10.52.050 Crossing Roadways ~ Yielding Right-of-way Required When
10.52.060 Crossing Roadways - Locations Where Prohibited
10.52.070 Walking along Roadways - Conditions-soliciting Rides Prohibited
10.52.080 Driver Precautions for Pedestrian Safety
10.52.010 Pedestrians SUbject to Restrictions and Traffic-control Signals
Pedestrians shall be subject to traffic-control signals, but at all other places pedestrians shall
be granted those rights and be subject to the restrictions stated in this chapter. (Prior code S
11.04.430)
10.52.020 Crosswalks - Pedestrian Right-of-way
A. 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
upon the half of the roadway upon which the vehicle is traveling or when the
pedestrian is approaching so closely from the opposite half of the roadway as to be
in danger, but no pedestrian shall suddenly leave a curb or other place of safety and
walk or run into the path of a vehicle, which is so close that is impossible for the
driver to yield.
S. Whenever 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 such
stopped vehicle. (Prior code S 11.04.435)
10.52.030 Crosswalks - Method of Use
Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (Prior code
S 11.04.440)
10.52.040 Crossing Roadways - Shortest Route Required
No pedestrian shall cross a roadway at any place other than by a route at right angles to the
curb or by the shortest route to the opposite curb, except in a crosswalk. (Prior code S 11.04.445)
10.52.050 Crossing Roadways - Yielding Right-of-way Required When
A. 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.
S. The foregoing rules in this section have no application under the conditions stated
in Section 10.52.060 when pedestrians are prohibited from crossing at certain
designated places. (Prior code S 11.04.450)
10.52.060 Crossing Roadways - Locations Where Prohibited
A. Between adjacent intersections at which traffic-control signals are in operation,
pedestrians shall not cross at any place except in a crosswalk.
X-52 10/2005
S. No pedestrians shall cross a roadway other than in a crosswalk in Parts I and II of
the business district or on any through or arterial street or avenue. (Prior code S
11.04.455)
10.52.070 Walking along Roadways - Conditions - Soliciting Rides Prohibited
A. Where sidewalks are provided, it is unlawful for any pedestrian to walk along and
upon an adjacent roadway.
S. 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.
C. No person shall stand in a roadway for the purpose of soliciting a ride from the
driver of any vehicle. (Prior code S 11.04.460)
10.52.080 Driver Precautions for Pedestrian Safety
Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall
exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning
by sounding the horn when necessary and shall exercise proper precaution upon observing any
child or any confused or incapacitated person upon a roadway. (Prior code 9 11.04.465)
X-53 10/2005
_....."...on.....__._
Chapter 1 0.56
TRAFFIC ACCIDENTS AND VIOLATIONS
Sections:
1 0.56.01 0 Report Accidents Immediately
10.56.020 Duty to Stop in Event of Accident - Penalty for Violation
10.56.030 Traffic Accident Reports - Police Department Duties
10.56.040 Traffic Violations - Police Department Duties
10.56.010 Report Accidents Immediately
The driver of a vehicle involved in an accident resulting in injury to or death of any person or
property damage to an apparent extent of one hundred dollars or more, shall immediately by the
quickest means of communication give notice of such accident to the police department if such
accident occurs within this city. (Prior code S 11.04.360)
10.56.020 Duty to Stop in Event of Accident - Penalty for Violation
A. The driver of any vehicle involved in an accident resulting in injury or death to any
person or damage to property shall immediately stop such vehicle at the scene of
the accident and shall give his name and address and registration number of his
vehicle to the person struck or to the driver or occupants of any vehicle collided with,
or other persons owning or in possession of other property damaged and shall
render to any person injured in such accident reasonable assistance, including the
carrying of such person to a physician or surgeon or hospital for medical or surgical
treatment, if it is apparent that such treatment is necessary or is requested by the
injured person.
S. Every person convicted under this section upon a charge of failure to stop after an
accident resulting in injury or death of any person shall be punished by
imprisonment in the city jail for not less than ten days nor more than ninety days or
by a fine of not exceeding three hundred dollars or by both such fine and
imprisonment. Any person convicted under this section upon a charge of failure to
stop after an accident resulting in damage to property shall be punished by
imprisonment in the city jail for not less than five days and not more than thirty days,
or by a fine not exceeding fifty dollars or by both such fine and imprisonment. (Prior
code S 11.04.355)
10.56.030 Traffic Accident Reports - Public Safety Department Duties - Police
A. The Department of Public Safety - Police shall maintain a suitable system of filing
traffic-accident reports. Accident reports or cards referring to them shall be filed
alphabetically by location.
S. The Department of Public Safety - Police shall receive and properly file all accident
reports made to it under state law or under any ordinance of this city, but all such
accident reports made by drivers shall be for the confidential use of the Department
of Public Safety - Police, and no such report shall be admissible in any civil or
criminal proceeding other than upon request of any person making such report or
upon request of the court having jurisdiction to prove a compliance with the laws
requiring the making of any such report. (Ord. 1640 S 5, 2005; Ord. 1537 S 21,
2001; prior code S 11.04.105)
10.56.040 Traffic Violations - Public Safety Department Duties - Police
A. The Department of Public Safety - Police or the operations division thereof shall
keep a record of all violations of the traffic ordinances of the city or of the state
X-54 10/2005
vehicle laws applicable to street traffic in the city of which any person has been
charged, together with a record of the final disposition of all such alleged offenses.
Such record shall be so maintained as to show all types of violations and the total
of each. The record shall accumulate during at least a five-year period and from
that time on the record shall be maintained complete for at least the most recent
five-year period.
B. All forms for records of violations and notices of violations shall be serially
numbered. For each month and year, a written record shall be kept available to the
public showing the disposal of all such forms. (Ord. 1640 S 6,2005; Ord. 1537 S 22,
2001; prior code S 11.04.100)
X-55 10/2005
Chapter 10.60
ENFORCEMENT
Sections:
10.60.010 Enforcement - Authority of Police and Fire Department Officials
10.60.020 Impoundment of Vehicles Authorized When - Procedures Required
10.60.030 Violation of Chapters 10.04 Through 10.60 - Penalty
10.60.040 Procedure upon Arrest
10.60.050 Fine or Imprisonment Authorized
10.60.060 Fines and Forfeitures - Disposition
10.60.010 Enforcement - Authority of Police and Fire Department Officials
A. It shall be the duty of the police of the Department of Public Safety - Police or such
officers as are assigned by the Director of Public Safety - Police to enforce all street
traffic laws of the city and all of the state vehicle laws applicable to street traffic in
the city.
B. Police officers of the Department of Public Safety - Police, or such officers as are
assigned by the Director of Public Safety - Police, are authorized to direct all traffic
by voice, hand, or signal, in conformance with traffic laws; provided, that in the
event of a fire or other emergency or to expedite traffic or to safeguard pedestrians,
officers of the Department of Public Safety - Police may direct traffic as conditions
may require notwithstanding the provisions of the traffic laws.
C. Fire officers of the Department of Public Safety - Fire, when at the scene of a fire,
may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(Ord. 1640 S 7, 2005; Ord. 1537 S 23,2001; prior code S 11.04.115)
10.60.020 Impoundment of Vehicles Authorized When - Procedures Required
A. Members of the Department of Public Safety - Police are authorized to remove a
vehicle from a street, highway, or public parking lot to the nearest garage or other
place of safety, or to a garage designated or maintained by the Department of
Public Safety - Police or otherwise maintained by this city under the circumstances
hereinafter enumerated:
1. When any vehicle is left unattended upon any bridge, viaduct, or causeway
or in any tube or tunnel where such vehicle constitutes an obstruction to
traffic;
2. When a vehicle upon a street or highway is so disabled as to constitute an
obstruction to traffic and the person or persons in charge of the vehicle are,
by reason of physical injury, incapacitated to such an extent as to be
unable to provide for its custody or removal;
3. When any vehicle is left unattended upon a street or highway and is so
parked illegally as to constitute a definite hazard or obstruction to the
normal movement of traffic;
4. When any vehicle is parked in a tow-away zone;
5. When any vehicle is parked illegally for a period of more than six hours;
6. When any vehicle is abandoned on any street, highway, or public parking
lot operated by the city by not being moved or used for more than seven
consecutive days, and such a vehicle is apparently deserted.
B. Whenever an officer removes a vehicle from a street, highway, or public parking lot
as authorized in this section and the officer knows or is able to ascertain from the
X-56 10/2005
registration records in the vehicle the name and address of the owner thereof, the
officer shall, within a reasonable time, make every reasonable effort to ascertain the
identity of and to locate the owner of the vehicle and to give or cause to be given
notice in writing to the owner of the fact of such removal and the reasons therefor,
and of the place to which the vehicle has been removed. In the event any such
vehicle is stored in a public garage, a copy of such notice shall be given to the
proprietor of such garage.
C. Before the owner or person entitled to possession of any vehicle removed and
impounded, as provided herein, is permitted to remove the same from the custody
of the City, he shall furnish evidence of his identity and ownership of the vehicle or
right of possession thereto and shall sign a receipt for the vehicle, or right of
possession thereto and shall sign a receipt for the vehicle and shall pay any towing
charges incurred by the City in towing said vehicle and shall pay such charges for
the storage of the vehicle as shall have been incurred by the City.
D. The payment of such fees and charges, as provided in this chapter, shall not
operate to relieve the owner or operator of such vehicle from liability from any fine
or penalty for the violation of any law or ordinance on account of which such vehicle
was removed and impounded. (Ord. 1640 S 8, 2005; Ord. 1537 S 24, 2001; Ord.
1141, 1983; prior code S 11.04.775)
10.60.030 Violation of Chapters 10.04 Through 10.60 - Penalty
A. Except as provided in Subsection B below, any person violating any of the
provisions of Chapters 10.04 through 10.60 or any rule or regulation made by the
Director of Public Safety pursuant thereto, shall, unless otherwise specifically
designated herein, upon conviction thereof be punished by a fine not exceeding one
hundred dollars or by imprisonment in the city jail not exceeding thirty days or by
both such fine and imprisonment.
B. Any person violating the provisions of Section 10.32.040 shall, upon conviction
thereof, be punished by a fine of not less than fifteen dollars nor more than one
hundred dollars, or by imprisonment in the city jail not exceeding thirty days or by
both such fine and imprisonment. (Ord. 1104 S 1, 1982; prior code S 11.04.755)
10.60.040 Procedure upon Arrest
Any person, except a minor under eighteen years of age, arrested for violation of Chapters
10.04 through 10.60 shall be dealt with in accordance with the provisions of the ordinances of the
city concerning and relating to process and execution of sentence. Minors under eighteen years
of age shall be dealt with as provided in the laws of the state relating to juvenile delinquency.
(Prior code S 11.04.765)
10.60.050 Fine or Imprisonment Authorized
A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine
is satisfied, in the proportion of one day's imprisonment for each two dollars of the fine. (Prior
code S 11.04.760)
10.60.060 Fines and Forfeitures - Disposition
All fines or forfeitures collected upon conviction or upon forfeiture of bail of any person
charged with a violation of any of the provisions of Chapters 10.04 through 10.60 shall be paid
to the Director of Finance and shall be credited to the several funds as by ordinance provided.
(Prior code S 11.04.770)
X-57 10/2005
..- - - ..-. .---. ..-......- .--.-.... ..-. .--..----.
Chapter 10.64
ABANDONED OR JUNKED VEHICLES
Sections:
10.64.010 Leaving Abandoned, Wrecked, or Junked Vehicles on Private Property
Prohibited When - Removal
10.64.020 Removal Notice - To Owner of Vehicle or Land
10.64.030 Removal Notice - Public Posting Required When - Form
10.64.040 Removal of Vehicle by City or Contractor Authorized When - Costs
10.64.050 Contract for Removal - Authority of City Manager
10.64.010 Leaving Abandoned, Wrecked, or Junked Vehicles on Private Property
Prohibited When - Removal
A. It is unlawful to park, store, or leave, or permit parking or storing of any licensed or
unlicensed motor vehicle or any kind, or part{s) thereof, for a period of time in
excess of seventy-two hours, which is in a rusted, wrecked, junked, partially
dismantled, or inoperative or abandoned condition, whether attended or not, upon
any private property within the city limits, unless it is completely enclosed within a
building, or unless it is in connection with a business enterprise lawfully situated and
licensed for same.
S. The accumulation and storage of two or more of such vehicles or part(s) thereof as
herein before defined on private property shall constitute a nuisance, detrimental to
the health, safety, and welfare of inhabitants of the city, and it shall be the duty of
the registered owner of such vehicle or part(s) thereof, and it shall also be the duty
of the owner of the private property or lessee or other person in possession of
private property upon which such vehicle or part(s) thereof is located to remove
same from the city limits, or to have the same housed in a building where it will not
be visible from the street. (Prior code S 6.38.220)
10.64.020 Removal Notice - To Owner of Vehicle or Land
A. It shall be the duty of the Director of Public Welfare to give written notice to the
registered owner of any motor vehicle or part(s) thereof which is in violation of
Section 10.64.010 or to give such notice to the owner or lessee of private land upon
which the motor vehicle or part{s) thereof is situated, giving notice that the vehicle
or part{s) thereof violates Section 10.64.010 and demanding that the motor vehicle
or part(s) thereof be removed from the city limits within seventy-two hours from the
time of service of notice or that within seventy-two hours same may be housed in
a building where it will not be visible from the street. The notice may be given by
personal service or by certified mail, with a return receipt requested.
B. Written notice required by this section shall be deemed to have been given (i.e.,
constructive notice) when the registered owner of the motor vehicle or part{s)
thereof or the owner, lessee, or other person in possession of private property
concerned herein either:
1. Refuses to accept the prepaid United States mail certified letter from the
city and letter is returned from the post office marked "refused"; or
2. The person to be notified is present in the city but the notification letter is
returned marked "unclaimed" by the post office, in which event notice by
the city may be made by affixing the letter in a conspicuous place at the
main entrance or to the front door of the residence of such person. (Prior
code S 6.38.230)
X-58 10/2005
10.64.030 Removal Notice - Public Posting Required When - Form
A. After diligent search and inquiry by the Director of Public Welfare, no written notice
as above shall be required where the registered owner of such vehicle or part{s)
thereof or the owner of the private property or lessee or other person in possession
of private property upon which such vehicle or part(s) thereof is located cannot be
found or determined, but instead a public notice shall be posted by the City Clerk
in three public places in the city for five consecutive days.
B. Such public notice shall include, among other information:
"Public Notice; To Whom It May Concern," date, legal description of
the situs, address of same, a full description of the motor vehicle or
part(s) thereof, when available, the last known owner of the vehicle
and/or owner of the realty or last known person in possession of the
situs and the date from or approximate period of time during which the
nuisance has existed. (Prior code S 6.38.240)
10.64.040 Removal of Vehicle by City or Contractor Authorized When - Costs
In the event that any of the aforesaid persons, whether an individual, firm, or corporation,
fails, neglects or refuses to remove the abandoned, wrecked, or junked vehicle or part(s) thereof,
or house the same in the building as provided in Subsection B of Section 10.64.010, and abate
the nuisance after the required notice, the City, its agent, or contractor may remove the vehicle
or part{s) thereof at the cost not to exceed twenty-five dollars and a minimum cost of five dollars
as determined by the city; which cost shall, if in the best interests of the city as determined by the
City Manager, be collected from the registered owner of such vehicle or part{s) thereof or the
owner of the private property or lessee or other person in possession of private property upon
which such vehicle or part{s) thereof is located. Ownership of any vehicle or part{s) thereof
removed by the City, its agent, or contractor shall, upon such removal, be vested in the City, its
agent, or contractor, as applicable. (Prior code S 6.38.250)
10.64.050 Contract for Removal - Authority of City Manager
The City Manager is authorized to enter into a written agreement with a duly licensed junk
dealer for the removal of abandoned, wrecked, or junked vehicles or part(s) thereof under this
chapter wherein the consideration for the services of the junk dealer shall be the vehicle or part{ s)
thereof at no expense to the City. The junk dealer, before entering into contract with the City or
being appointed its agent or contractor in reference to Sections 10.64.040 and 10.64.050, shall
furnish evidence of public liability insurance, to adequately protect such agent or contractor and
the City, deemed reasonable in the opinion of the City Manager. In the event a qualified and
suitable junk dealer is not available to contract with or act as the City's agent or contractor as
provided herein, the City Manager is authorized to contract with the lowest responsible bidder to
provide for the removal from private property of abandoned, wrecked, or junked vehicles or
part(s) thereof under Section 10.64.040. (Prior code S 6.38.260)
X-59 10/2005