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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