HomeMy WebLinkAboutOrdinance 20- 508, Regulates Travel and Traffic on Streets of City and Repealing Ordinances 490, 486, 445, 382, 294 and 426
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.Amended by
Ordinance #527
ORDINANCE NO. 508.
AJj EMERGENCY ORDINANCE REGULATING TRAVEL AND TRAFFIC
ON THE STREETS OF THE CITY OF BOZEMAN, PROVIDING FOR
THE OPERATION OF MOTOR VEHICLES THEREON, PRESCRIBING
PENALTY FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE .AND REPEALING ORDINANCES NO. 490, 486,445,
382, 394 and 426, OF THE SAID CITY OF "ZEMAN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT~ OF BOZEMAN ,
STATE" OF MONTANA: Rep. *' OrdiftlDcefio. s- 4 0
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TRAFFIC REGULATED AND CONTROLLED.
Seotion 1. That no vehicle, as herein defined, shall be
operated or driven on the streets of the City of Bozeman exoept as
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herein provided, and that all traffio on streets, as herein defined,
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within the limits of the said City of Bozeman, shall be regulated
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and controlled as herein provided;
DEFIBITIOBS.
Seotion 2.: That whenever any of the following terms
are used in this Ordinance, the same shail be deemed to have, and
shall be held to include, except as herein specifically provided,
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the meanings respectively set forth in this se~tion and any such
terms used in the singular number shall be held to include the
plural, as follows, to-wit:
a. STREET. The term "street" shall include and
apply to that part of a public highway intended for
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vehicles.
b. CURB. The term "curb" shall include and apply
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to the boundaries of a street as marked or understood.
c. VEHICLE. The term "vehicle" shall include and
apply to any conveyanoe, including a horse, except a
baby carriage or street car. Hand or foot propelled con-
veyances and street oars shall be regarded as vehioles
when on a street, but as pedestrians when on a sidewalk
or crossing a street on a cross walk.
d. MOTOR VEHICLE. The term "motor vehicle" shall
inolude and apply to any vehicle propelled by any power,
other than muscular power, whioh does.. not run upona'
rail.
e. DRIV~R. The term "driver" shall include and
apply to the rider, driver or leader of a horse, ,the
rider of 8 bicycle or a tricycle and to a person who
pushes, draws, propels or has in charge a vehicle.
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f. STREET CAR. The term "street car" shall include
and apply to any conveyance confined to tracks. I
PARKED. The term "parked" shall include and
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apply to any waiting vehicle, excepting vehicles stopped
to load or unload, standing alongside one another at an
angle to curb.
h. RANKING. The term "ranking" shall include and
apply to the standing of vehicles behind one another
parallel with the curb.
i. SIDEWALK. The term "sidewalk" shall include and
pedestrians.
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apply to that part of a highway or park for the use of
j. HORSE. The term "horse" shall include and apply
to any saddle or harness animal.
k. DRIVING. The term "driving" shall include and
apply to riding, driving, propelling or operating any
vehicle or horse'.
PEDESTR IALTS .
\ Section 3. That streets are primarily intended for ve-
hicles, but pedestrians have the ri?ht to cross them in safety and
all drivers of vehicles and operators of street cars shall exer-
oise all proper care not to injure them. Pedestrians when crosS-
ing a street shall not carelessly or maliciously interfere with
the passage of vehicles. ~hey should cross at right angles and
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preferably at cross welks and should not "jay walk", i.. e.,
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cross streets at places other than the cross walks. They should
stand on the sidewalk or close to car tracks when waiting for
street car and should face the front of car when alighting and
observe the traffic in both directions. Pedestrians, in all in-'
stances, should keep to the right end should not step from side-
walk without first looking to see what is approaching.
PASSING, TURNING, KEEPING NEAR CURB,
AND TO THE RIGHT, BACKING AND FOLLOWING.
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Seotion 4. That a vehicle meeting another vehicle
shall pass to the right;
Seotion 5. That a vehicle over-taking another vehicle
shall pass to the left and not pullover to the right until en-
tirely clear of the over-taken vehicle, except in over-taking a
street car, when it shall pass to the right, if space permits.
Seotion 6. That any vehicle turning into another
street to the right shall turn the corner as near the right hand
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curb aa practicable, thus~
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Section 7. That any vehiole turning into ano1Jher
street the left. shall turn around the center of the intersect-
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ion of the two street, th:J L
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That no vehicle shall turn into another street to
the left in this
manner: ~ L
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Section 8. That a driver of any vehicle shall before
turning make aure that suoh movement can be executed in safety
and shall give a plain signal to other.s upon, the street. by ex-
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tending the hand or otherwise in the direotion in Which it is
intended to turn. .
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Section 9. That no vehicle Shall be turned on Main
street at any point exoept,
a. At street intersection, and
b. Where Lindley Plaoe projeoted, and
c. Fourth Avenue, projected
interseot Kain street; that on all other streets and avenues in
said City vehicles may turn at any place thereon;
Section 10. That a vehiole shall not baok to make a
turn, if doing so will obstruct traffic,~but shall go to a
place with clear way enough for the purpose, or go around the
block, provided, that no vehicle shall back to make a turn on
Main street, and before baoking drivers of vehicles shall give
Bmple warning and while backing unceasing vigilance shall be
e:Kercised not to injure those behind;
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Section 11. That a vehi01e shall not follow
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another vehicle too closely for safety:
Seotion 12. That a vehicle shall keep as near as
practioable to the right hand curb so as to leave the center
of the street clear for over-taking traffic,--the slower
the speed the nearer the curb.
srropp ING, RANXING, PARKING,
WAITING. OBSTRUCTING TRAFFIC.
Section 13. That before decreasing speed or stopp-
ing, drivers shall warn those following them of their inten-
tion so to do by extending the hand or signal upward, or by
giving warning of such intention in some other unmistakable
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manner,;
Section 14. That no vehicle or street car shall
stop on a cross walk or at a street intersection exoept in an
emergency;
Section 15. That no person shall leave err permit.
or CBuse to stand or remain any vehicle under his control in
the drive way of any street in the City of Bozeman within 15
feet of any hydrant in such street, nor within 20 feet from any
curb corner, nor shall any vehicle be left in such a position
at the curb so 8S to prevent another already at the curb from
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moving sway;
Seotion 16. That a vehicle shall not stop with its
left side to the curb;
Seotion 17. That no vehicle shall stop, stand or be
parked on Main Street within fifteen (15t f~et of each side
of entranoe in front of the City Fire Hall, nor on any street
in front of theaters, while plays or shows are on, no~ in front
of any drive way to buildings, Or alleys. or the entrance to
any buildings where public gatherings are held during the time
of such gathering;
Seetion 18. That the parking of motor vehicles
shall be permitted on Main Street, provided that such vehioles
shall be parked at an angle of 450 with the front tire on the
right hand side against the curb and with at least one (1)
foot of space on each side for passage, provided further that
no vehicle shall be left standing in such a manner as to ob-
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struct any cross walk and no motor vehicle shall be left
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STREET CARS.
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Section 24. That a vehicle over-taking a street car,
stopped to take up or disch"Elrge passengers, shall slow down, pro-
ceed with great caution and consideratioh and not approach or
pass within five (5) feet of the step of the street car while so
stopped; That the driver of the street car shall immediately stop
his car and keep it stationary so long as neoessary upon the
arrival of any fire apparatus;
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RIGHT OF WAY.
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Section 25. That upon the approach of any fire
apparatus or ambulance, every vehicle shall draw up as near
as practicable to the right curb of a street and not within
60 feet of the corner, and remain at a standstill until such
have
apparatus or ambulance shal~~. passe~;_that the police,
fire department and ambulances shall have the right of way
in any street while responding to an emergency oall; that
every person in charge of' 8 vehicle sha:l;l pull to the right
side ~f ~he street or avenue when signaled from a vehiole
behind desiring to pass;
Seotion 26. That, except as herein otherwise pro-
vided, the driver .of any vehicle, traveling on any street or
avenue, running in a north and south di~ectionr shall have
the right of way over vehioles trave~ingon streets running
in an east and west direotion; that the driver of any vehicle
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traveling on any such east' and west streets shall allow such
vehicles so traveling on such north and south streets the
right of way, provided, however, that the driver of any vehicle
traveling on !lain street shall have the. right of way over
vehicles traveling on such north and south streets;
Section 27. That the driver of' any vehicle turning
to the left from one street into another shall allow the right
of way to the vehioles traveling in the direotion in whioh
such vehicle is turning and the driver of any vehicle travel~
ing in the direotion in whioh such vehicle is turning shall
have the right of way Over such vehicle so turning; that the
driver of any vehicle turning to the right from one street
into another street shall have the right of way over vehicles
traveling in the direction in which such vehicle is turning;
that the driver of any vehicle tra~eling the direotion in which
such vehicle is turning shall allow t~e right of way to such
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vehicle so turning;
SIGNALS.
Seotion 28. That a vehicle's driver, when slowing
or stopping, shall give timely si~al by the hand Or whip or
in some unmistakable manner, that the vehicle's, drive~, when
about to turn either from a standstill or while in motion,
shall give timely signal by the. hand or v/hip; that holding
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the hand streight out from the driver's position is an indi-
cation that a turn is to be made to the side nearest the driver;
that circling the hand in either direction indicates a turn to
the opposite side from which the driver is sitting; that in case
of stopping, the hand should be raised over the head;
Seotion 29. That a vehiole eefore backing shall give
ample warning;
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BRAKES, SIGNALING DEVICES AND LIGHTS.
Section 30. That every motor vehiole operated or
driven on the streets of the City Of Bozeman shall be provided
wi th the following accessorie,g;
a. Two sets of independently operated brakes in good
working order, either one. of which seta :must be sufficient to
stop the drive wheels of the car and prevent them from turning
while the car is in motion.
b. A horn or other device for signaling sufficient
under all reasonable conditions to give timely warning of the
approaoh of the motor vehicles.
c. During the period between one hour after sunset
and one hour before sunrise, every motor vehicle of the three or
four-wheeled type shall display two white lights in front, (one
on each side) and one light in the rear. Every motor vehicle
of the motor-cycle or two-wheeled type shall display one white
light in front and one light in the rear, which said rear lights
in both classes of motor vehicles shall-display red rays visible
to the rear and shall throw white light upon the'numberplate
carried on the rear of such vehiole and illuminate the same so
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that the number will be clearly visible at a distance of one
hUJldr~d feet. The light. of. the front lamps shall be vis! ble at
least two hundred feet in the direotion which the motor vehicle
i. proceeding~.The front l1ghts"of all motor vehicles shall
be equipp~d" with some style of non-glare dimmers by whioh the
intensity of such lights are diminished; and it shall be unlawful
for the driver of any motor vehicle in the City of Boseman to
display on the front of suoh vehiQle lights of such a.degree of
brightness as tend to confuse drivers .of v.ehicles coming !in con-
tact with or moving in an opposite direotion from suoh motor ve-
hicles; that no spot lights shell be used within the City Limits;
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Seotion 31. That no motor vehicle Shall be left
standing on any street or alley,between sunset and sunrise
without a light or lights so displayed as to be visible
from the rear;
'MUFFLER.
Seotion 32. That every automobile, motor vehicle
or motor-cycle using gasoline or other explosive mixture ss
motive power shall be equipped with a '"muffler". which shall
be suffioient to deaden the sound of the explosions, and
such "muffler" shall not be disoonneoted or cut out. while
such automobile, motor vehic~e, or motor cycle is being op-
erated upon any of the streets of the City of Bo~em8n;
AGE OF DRIVER.
RATES OF SPEED.
Seation 35. That no person shall hereafter operate
or drive, or permit to be operated or driven, any vehicle
over, upon or across any street wi thin the 1im! ts of School
Speed Zones within the City of Bozeman, as hereinafter defined, l
between the hours of 8 o'olock, A. M., and 6 o'~lock, P. M.,
nor over, upon or across Main Street, or any part thereof in
said City of Bozeman, at a rateof'speedgre'a,tQY' thanfifte'sn (15)
miles per hour, nor over, upon or acrosa any street or part there-
.of, in 'said 'CiliY of BOZD1D&l1 '.ether th,anlLain ' Street, ands,treets
within the limits of the School Speed Zones, hereinafter defined,
within the hours specified, at a rate of speed greater than
twenty (20) miles per hour; Nor shall any person operate or
dri~e, or permit to be operated or driven, any vehicle at a
rate of speed greater than ten (10) miles per hour when turning
a corner at any street interseotion in the City of Bozeman,
or when passing any stationary street car; that no 7loafingn
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or "idling" of motor vehicles on Main street shall be per-
mitted;
SCHOOL SPEED ZONES.
Section 36. That there are hereby created in the
said City of Bozeman School '~peed Zones, the limits of which
are herein defined, wherein the speed of any vehicle is lim-
ited, as hereinbefore ordained, to a speed not greater than
fifteen (15) miles per hour, between the hours of 8 O'olock,
A. M., and 6 o'clock, P. M., to-wit:
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HIGH SCHOOL SPEED ZONE. All that part of Main
Street between the East line of Fifth Avenue and a' line
150 feet'East of the East line of Third Avenue; 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 the Ea'st line of Fifth
Avenue and a line 150 feet East of the East line of Grand
Avenue; all that part of Grand Avenue between the south
line of Baboook street and a line 150 feet South of the
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South line of Olive Street; all that part of Olive street
between a line 150 feet East of the East line of Grand
and to a line 150 feet West of the West line of Fourth Aven:le;
Avenuet, all that part of Third AVenue between the South
line of Olive Street and a line 150 feet South of the
South line of Olive street and'all that part of Fourth
Avenue between the South line of Babcock street and a
line 150 feet South of the south line of Olive Street;
HAWTHORNE SCHOOL SPEED ZONE. All that part of
Church Avenue between a line 150 feet South of the South
line of Mendenhall street, and a line 150 feet North of
the North line of Lamme street; all that part of Lamme
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street between the West line of Churoh Avenue and the East
line of Rouse Avenue and all that part of Mendenhall
Street between the West line of Church Avenue and the East
line of Rouse Avenue.
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LONGFELLOW SCHOOL SPEED ZONE. All that part of
Tracy Avenue South between the South line of West Story at
the West corner of Block 6 of Fairv1ew Addition~ and a
line 150 feet South of the South line of West Alderson
Street; all that part of We~t Dickerson Street between the
West line of Tracy Avenue and the East line of Central
Avenue; all that part of West Alderson stJ;'eet between the
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East line of Traoy Avenue and a line 167 feet East of
the East line of said Tracy Avenue and all that part,
of West Story street between the East line of Tracy
Avenue and a line 167 feet East of the East line of
Tracy Avenue.
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QUIET ZONE.
Section 37. That there is hereby created in the said
City of Bozsmsn a quiet zone to be ~own as the Deaconess Hos:!,itsl
IQltietZPJ:).~" the limits of which are defined, as follows:
DEACONESS HOSPITAL QUIET ZONE. All that part of
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Tracy Avenue between the North line of Mendenhall street
and-the-South line of Villard Street; all that part of
Central Avenue between the North line of 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.
Seotion 38. That in the said Deaconess Hospital
Quiet Zone no vehicle shall be driven or operated ina noisy
or offensive manner so as to cause any discomfiture whatso-
ever to the patients in said hospital; that any person driv-
ing or operating a motor vehicle within said quiet zone
contrary to the provisions herein shall be deemed ~lilty of
"reckless driving" and shall be punished as herein pro~1ded;
that every person in charge of a vehicle shall exercise special
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USE OF SIREN.
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Seotion 39. That no person shall hereafter place or
use upon any motor vehicle within the City of Bozeman any siren
or sireno horn or any red light at either side .or in front
thereof, save upon such vehicles as are used by the City of
Bozeman ~or fire prevention, police and hospital purposes, and
no siren or sireno shall be used except when responding to an
emergency call;
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WARNING DEVICE.
Seotion 40. That every person" driving any motor vehi-
cle from any alley, lane, garage or store room,. across any side-
walk in the City of Bozeman, shall sound a bell or horn, or
other device, in such manner as to give notice and warning of
his approach;
STORAGE ON STREET OR ALL:my.
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Section 41. That no owner or occupant of any livery
stable, feed stable, blacksmith shop. garage, sales room, or
other place of business, shall suffer Or permit any wagon, car~,
carriage, dray, or other vehicle, whether left for safe keeping,
repair, or otherwise, to be or remain on the sidewalk, street
or alley, adjoining or in front of any such premises.
ANIMALS IN HERD OR BAND.
Section 42. That no person, firm or corporation shall
drive any horses, cattle, sheep or other animals in herd or band
through, in or upon any of the streets, avenues or alleys ~f the
City of Bozeman without first having seoUred a permit therefor
from the Chief of Police and then only through, in or upon such
street, avenue Or alley as the Chief of Police may designate,
and such person, firm or corporation in addition to the penalty
for the violation of this provision of thi~ Ordinance, shall be
liable for all damage that such horse's, cattle, sheep or other
animals may do to the property of the Ci~y of Bozeman and the
residents thereof.
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SIDEWALKS AND PARKINGS.
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Section 43. That no person shall;, operate or drive, or
permit to be operated or driven, any veh~cle over, upon or across
any sidewalk or parkings in the City of Bozeman, except sid~walk
at regular drive ways, nor over, upqn or across any platform
about any passenger depot in said City;
NUMBER PLAT~.
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Section 44. That no person sh~ll operate or drive a
motor vehicle on the streets of the City of Bozeman, unless suoh
veh,iCle shall have been properly registe:r:ed and shall have the
proper number plates conspicuously displayed, one on the front
and one on the rear of such vehiole, each securely fastened so as
to prevent the same from swinging; that no person shall display
on such vehiole, at the same time, any number assign~d to it .
under any motor law, except as provided by the laws of Montana
relating thereto;
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BROKEN GLASS.
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Section 45. That no person shall throw or plaoe
on any street. avenue, Or. alley in the City of Bozeman any
glas~, nails or other matter likely to puncture or injure the
rubber tire of any vehicle;
BARR IERS.
Section 46. That no person shall drive any vehicle
over, upon or acrOSs any newly made pavement on any street
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around which pavement there is '8 barrier, or at, over or near
which there 1s a sign warning persons not to drive over such
pavement, or a sign stating that the street is closed;
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BICYCLES.
Section 47. That no person shall ride a bicycle on
the streets of the City of Boseman without having both hands
on the handle bars, nor shall any person ride any bicycle on
the sidewalks of said City;
JUMPING OR HANGING ON VEHICLES.
Section 48. That no person shall ride or jump on
any vehicle without the consent of the driver and no person,
while riding shall allow any part of his body to protrude be-
yond the limits of the vehicle, nor shall any person hang on
to any vehicle whatsoever;
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FLIPPING STREETS CARS Al~D
TRAILING MOTOR VEHICLES.
Seotion 49. That no person shall "flip" any street
car; nor shall any toboggan, sled or bicycl~ trail any motor
vehicle;
CONTRDL, TREA~mNT ANn CONDITION OF HORSES.
Section 50. That a horse shall not be unbridled,
nor left unattended in a street or unenclosed area, without
being seourely fastened, unless harnessed to a vehicle with
the wheels so secured as to prevent the horse from moving
faster than a walk;
Section 51. That a driver sha:tl continue to hold
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the reins in his hands while driving, riding or leading a horse;
Section 52. That no person shall over-load, over-
drive, over-ride, ill treat or unnecessarily whip any horse;
that no person shall crack or use a whip so as to excite any
other one's horse, or so as to annoy, interfere or indanger
any person; thatno person shell use a horse unless it is fit
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for its work, free from lameness or sores likely to cause pain
and wi thout any vic,e or disease to cause accident, Injury
or infectioni
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R~pealed by:81din. .Io~;&-~"
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CHIEF OF POLICE, FOWERS OF
Section 53. That the Chief of Police is hereby author-
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ized, empowered and ordered to direct, control, restrict and
regulat~,8nd when necessary, temporarily to dive~or exclude in the
interest of public safety and convenience, the movement of peG~
estrians, animals, and vehicle traffic of every kind in streets,
and to adopt and enf'orceregulations in regard thereto, not in-
consistent with the specifio provisions of this Ordinance and
&n~)T violations of SUGh temporary rules and. regulations so
promulgated by the Chief of police at such times and on such
occasions shall be punished as herein provided;
RECKLESS DRIVING.
Section 54. That "reckless driving" is hereby defined
to be the driving of any vehicle when not ~egally qualified to
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do so, or when intoxicated, or when for any other reason not com-
petent to dr,ive properly, or when the vehicle is not under
practical control, especially at cross walks and street inter-
sections and junctions, or failing to exercise due care in
crossing or entering traffic of another street or avenue, or
failure to use due caution and care in traveling through any of
the Speed Zones, where speed is limited, or driving 60 as to
cause danger to pedestrians and vehicles, or ~amage to property,
or failure to take every reasonable precaution for the safety of
life, limb and property, and any act construed or charged as
"reckless driving" shall be punished as herein provided;
PENALTY.
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Section 55. That any person violating any of, the
provisions of this Ordinanoe, or any of the temporary rules _~nd
regulations of the Chief of Police, as herein provided, l?hall,
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upon conviction therefor, for the first offense be fineel not' ''-.-
less than $5.00 and not more than $300.00, or shall be pUnishe tl
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by imprisonment in the Ci1iY or County Jail for'a period not t~
exceed thirty (30) days, or by both $uch fine and imprisonm~~t~-;
and shall for the second offense be fined not less than $IO.OO
and mot more than $300.00, or shall be punished by imprisonment
in the City or County Jail for a period not to exceed ninety
(90) days or by both such fine and imprisonment, and,for the
third or any SUbsequent offense shall be fined not less than
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$50.00 and not more than :;?,300.00, or shall be punished by
imprisonment in the City ot County Jail for a period not to
exceed ninety (90) days, Or by both such fine and imprison-
ment, provided that in case the fine of such person is,not
paid, such person shall be imprisoned in the County or City
Jail until such fine is satisfied in proportion to one (1)
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day's imprisonment for every ~2.00 of said fine;
REPEAL.
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Section 56. That Ordinances No. 490, 486, 455.) 382,
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394 and 426, of the City of Bozeman and all Ordinances or
parts of Ordinances in conflict with the provisions of this
Ordinance be, and the same are, hereby repealed;
E.M:ERGENCY.
Seotion 57. That for the preservation of the peace,
health and safety of the residents of the City of Bozema~ and
the protection of their property it is immediately neoessary
that this Ordinance be passed; that by reason thereof an EIDer-
genoy is hereby declar.ed to exist; that .this Ordinance is
specifically declared to be an Emergency Ordinance, and shall
take effect and be in full force immediately upon its passage,
approval and publication by posting.
Passed by the City Council of the City of Bozeman,
at a regular session by a two-thirds vote of all the membe'rs
thereof duly elected this 15th day of April, 1920.
Approved this 15th day.of April, 1920.
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CERTIFICATE OF POSTJ:NQ..'
I, C. A. Spieth,' the duly appointed, qualified
and acting City Clerk of the City of Bozeman, do hereby certify:
That I did on the 16th day of April, 1920,
post a true, correot and compared copy of OrdinanoeNo. 508,
in the following public places, in the said City, to-wit:
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lst- Rohers Grocery
2nd- Courier Bulletin Board
3rd- Ellis-Brandley Corner
4th- City Hall Bulletin Board
m WITNESS WHEREOF, I hereunto set my hand and.
affix the seal of the City of ,Bozeman, this 16th day of April,
1920. ,
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C. A. Spieth
City Clerk
(SEAL)
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