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HomeMy WebLinkAboutOrdinance 52- 768, Regulating Traffic on Public Streets; Repealing Ordinances 672, 688, 689, 700, 701, 703, 708 and 731 31~,v"~~ Amonded byOrdfnanca No.__:lt~-L~ 1)/ -t- gcJ3 ~ Cll-"-:' /~ ;1i/::%-.....-. ORDINANCE NO. 768 r"'7~..;"'- AN ORDINANCE REGULATING TRAFFIC UPON 'rHE PUBLIC STREETS, AVENUES, AND r' ALLEYS OF THE CITY OF BOZEMAN, MONTANA, AND REPEALING ORDINANCES NOS. 672, 688, 689, 700, 701, 703, 708 AND 731, OF THE CITY OF BOZEMAN, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COMMISSION OF 'rHE CITY OF BOZEMAN. MON'fANA: ARTICLE r. -- WORDS AND PHRASES DEFINED SECTION 1, Definition of Words and Phrases. The following words and phra,ses I when used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them in this article. SUBDIVISION I. -- VEHICLES, TRAFFIC, ETC., DEFINED SECTION 2. (a) Vehicle. 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. (b) Motor Vehicle. 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. (c) Commercial Vehicle. Every vehicle designed, used, or maintained primarily for the transportation of property. (d) Authorized Emergency Vehicle. 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. SECTION 3. (a) Bicycle. Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (b) Motorcycle. 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, but exclud- ing a tractor. ( c) Motor-Driven Cycle. Every motor-cycle, including every motor scooter, with a I motor which produces not to exceed 5 horsepower, and every bicycle with motor attached. SECTION 4. ( a) Railroad. A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. (b) Railroad Train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars. SECTION 5. Traffic. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel. SECTION 6. Right-of-way. The privilege of the immediate use of the roadway. SECTION 7. ( a) stop. When required means complete cessation of movement. (b) 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. " (c) Par k. When prohibited means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and whne actually engaged in loading or unloading. SECTION 8. Official Time Standard. Whenever certain houns are named herein they shall mean standard time or daylight-saving time as may be in current use in this city. SUBDIVISION II. PERSONS, ETC., DEFINED SECTION 9. ( a) Pers:)n. Every natural person, firm, copartnership, association, I or corporation. (b) Driver or Operator. Every person who dirves or is in actual physical control' of a vehicle. ( c) Rnestrian. Any person afoot. SECTION 10. ( a) Police Officer. 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. (b) Traffic Division. 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 here- in shall be deemed to refer to the police department of this city. ;;'. ' : ~~ ~, 319, SUBDIVISION III. STREETS, ETC., DEFINED SECTION II. ( a) Street or Highway. The entirewidth between the boundary lines of every way publicly maintained when any part the~eof is open to the use of the public for purposes of vehicular travel, including avenues and alleys. (b) Private Road or Driveway. 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. I (c) Roadway. That portion of a street or highway improved, des igned, or ordi- narily 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. (d) Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. SECTION 12. ( a) Laned Roadway. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (b) Through or Arterial Highway. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is re- quired by law to stop beforeentering or crossing the same and when stop signs are e- rected as provided in this act. SECTION 13. Intersection. ( a) The area embraced within the prolongation or connections of the lateral curb lines, 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 area within which vehicles traveling upon different htghways joining at any other angle may come in conflict. SECTION 14. Crosswalk. (a) That part of a roadway at an intersectLm 1:ri.c luded 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. (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. SECTION 15. ( a) Safety Zone. The area or space officially set apart within a I roadway for the exclusive use ofpedestrians 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. (b) Curb Loading Zone. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (c) Passenger Curb Loading Zone. A place adjacent to a curb reserved for the exclusive use of vehicles during the load:ing or unloading of passengers. ( d) Freight Curb Loading Zone. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers). SECTION 16. ( a) Official Traffic-Control Devices. All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (b) Traffic-Control Signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. SECTION 17. The boundaries of the various districts within the City of Bozeman are more particularly described in Schedule I attached hereto and made a part hereof. ARTICLE II. Traffic ADMINISTRATION SECTION 18. Duties of Police Department. It shall be the duty of the police department of this city to enforce the street traffic regulations of this city and all of the State vehicle laws aE)plicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to arrest and assist in the pro- secution of those persons charged with the violations of law causing or contributing I to such accidents, to cooperate with the other officers of the dty in the administra- tion of traffic laws and in developing ways and means to improve traffic conditions and to carry out those duties specially imposed by this ordinance. SECTION 19. Records of Traffic Violations. ( a) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of this city or of the State vehicle laws applicable to street ~affic in this 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 S) maintained as to show all types of violations and the total of each. Said record shall accumulete during at least a $- year period and from that time on the record shall be maintained complete for at least the most recent 5-year period. Or d inane e No. 768 I 320 (b) All forms for records of violations and notices of vio~ions shall be serially numbered. For each month and year a written record shall be~pt available to the pub- lic showing the disposal of all such forms. SECTION 20. Traffic Accident Reports. ( a) The Police Department shall maintain a suitable system of filing traffic accident reports. Accident reports or cards refer- ring to them shall befiled alphabetically by location. (b) The police department shall receive and properly file all accident reports made to it under Statelaw or under any ordinance of this city, but all such accident reports made by drivers shall Be for the confidential use of the police department and I 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 jurisdie- tion to prove a compliance with the laws requiring the making of any such report. SECTION 21. Emergency and Experimental Regulations. The City Manager is hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make and enforce temporary or experimentel regulations to cover emergencies or special conditions. ARTICLE III. ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS. SECTION 22. Authority of Police and F'ire Department Officials. (a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the State vehicle laws applicable to street traffic in this city. (b) Officers of the police department or such officers as are assigned by the chief of police are hereby 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 em- ergency or to expedite traffic or to safeguard pedestrians, oPficers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. SECTION 23. Required Obedience to Traffic Ordinance. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. SECTION 24. Obedience to Pollee and Fire Department Officials. No person shall willfully fail or refuse to cJmply with any lawful order or direction of a police off- I icer or fire department official. SECTION 25. Persons Propelling Push Carts or Riding Animals to Obey Traffic Regula t ions. Every person propelling 81y push cart or riding an animal upon a road- way, and every person driving any animaldrawn vehicle, shall be subject to the pro- visions of this ordinance applicable to the driver of any vehicle, except those pro- visions of this ordinance which by their very nature can have no application. SECTION 26. Public Employees to Obey Traffic Regulations. The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the ser- vice of the United States ,Government, the Stateof Montana, the County of Gallatin, or the City of Bozeman, and it shall be unlawful for any said driver to vidBte any of the provisions of this ordinance, except as otherwise permitted in this ordinance or by State Statute. SECTION 27. Exemptions to Authorized Emergency V~hicles. (a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pur- suit of an actual or suspeoted' violator of the law or when responding to but not upon \ re~urning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions hereinstated. (p) The driver of an authorized emergency vehicle may: 11.. Park or stand, irrespective of the provisions of this act; 2. Proceed past a red or stop signal or stop sign, but only a.fter 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 movemen~or turning in specified il directions. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audib~e signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equi- pped with at least one lighted lamp displaying a red light visible under normal at- mospheric conditions from a distance of 500 feet to the front of such 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 provis ions ShtBLl not relieve the dr iver of an authorized emer- gency 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 dis- regard for the safety of others. Ordinance No. 768 'I' 321 " ARTICLE IV. TRAFFIC-CONTROL DEVICES II ' ..~ SECTION 28. Authority to Install Traffic-Control Devices. 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 said 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. SECTION 29. Manuel and Specifications for Traffic-Control Devices. All traffic- I control signs, signals, and devices shall conform to the manual and specifications approved by the City Commission. All signs and signals required hereunder for a particular pur- pose 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 ordinance shall be official traffic-control devices. SECTION 30. Obedience to Official Traffic-Control Devices. The driver of any vehicle shallooey the instructions of any official traffic-control device applicable thereto placed in accordnance 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 ordinance. SECTION 31. Traffic-Control Signal Le~end. 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 said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: ( a) Green alone or "Go." ( 1) 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. ( 2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Yellow alone or "Caution" when shown following the green or "Go" signal. (1 ) Vehicular traffic facing the signal is thereby warned that the red or "Stop" I signal will be exhibited immediatay thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "stop" signal is exhibited. (2) 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. (c) Red alone or "Stop." (1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the hear side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. ( 2) N,) pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. ( d) 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 ex- cept as to those provisions which by their nature can have no application. Any stop re.. quired 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. SECTION 32. 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 I shall proceed to a sidewalk or safety zone while the wait signal is Showing. SECTION 33. Flashing Signals. Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows: ( 1) Ft;ashing red (Stop signal). When a red lens is illuminated with rapid intermit- tent 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 inter- section, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. ( 2) Flashing Yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drrrvers of vehicles may proceed through the intersection or past such signal only with caution~- Ordinance No. 768 322 SECTION 34. Display of Unauthorized Signs, Signals, or Markings. (a) No p~rson shall place, maintain, or display upon or in view of any street or highway any unauthor- ized 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 at- tempts to direct the movefuent of traffic, or which hides from view or interferes with the effectiveness of any official traffic-c)ntrol 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. I (b) Every such prohibited sign, signal, or melrktng is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby em- powered to remove the same or cause it to be removed without notice. SECTION 35. Interference with Official Traffic-Control Devices or Railroad Signs or Signals. No person shall without lawful authority attempt to or in fact alter, de- face, 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. SECTION 36. Director of Public Safety to Designate Crosswalks, Establish Safety Zones, and Mark Traffic Lanes. The Director of Public Safety is hereby authorized-- (1 ) '110 designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is part.icular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary; (2) To designate and maintain, by appropriate signs or other marking devices, school crossing zones; (3 ) To establish safety zones of such kind and character Bnd at such places as he may deem necessary for the protection of pedestrisns; (4) To mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the traffic ordinances of this city. ARTICLE V. -- SPEED REGULATIONS SECTION 37. Every person operating or driving a vehicle of any character 6n a public street or readway of this city shall d:rtve the same in a careful and prudent manner, and at a rate of speed no greater or no less than is reasonable and proper I under the .conditions existing at the point and tLme 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. SECTION 38. Subject to the provisions of Section 37, and except in those instances where a lower speed is specified in this ordinance, 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: ( a) Fifteen (15) miles an hour when approaching within fifty (50) feet of a grade crossing of any railway when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last two hundred (200) feet of his approach to such crossing he does not have a clear and uninterrupted view of such rail- way crossing and of any traffic on such railway crossing and of any traffic on such railway for a distance of four hundred (400) feet in each direction from such crossing. (b) Fifteen (15) miles an hour when making a right or left hand turn at any in- tersection of streets. Fifteen (15) miles an hour when approaching within fifty' (50) feet of any intersection of streets when the driver's view is obstructed. Fifteen (15) miles an hour when traversing any intersection of streets. A driver's view shall be deemed to be obstructed when at any time during the last fifty (50) feet of his approach to such intersection, he does not have a clear and uninterrupted view of such intersec- tion and of the traffic upon all of the streets entering such intersection for a dis- tance of two hundred (200) feet from such intersection. ( c) Fifteen (IS) miles an hour when passing "Slow" and/or "Danger" signs. ( d) Fifteen (15) miles an hour in any cemetery or in traversing or going around I curves or traversing a grade upon a street when the driver's view is obstructed within a distance of one hundred (100) feet along such street or highway in the direction in which he is proceeding. ( e) There are hereby created in the said City of Bozeman, SChool Speed Zones, the 1 imi ts ct: which are more particularly described in Schedule II attached hereto and made a part hereof, wherein it shall be unlawful for any operator of any vehicle to drive at a speed greater than fifteen (15) miles per hour, between the hours of 8:00 A. M. and 4:30 P.M. on days or parts of days when school is in session. (f) There are hereby created in the said City of Bozeman, School Crossing Zones, the limits of whichare more particularly described in Schedule III, attached hereto and by this reference made a part hereof, and it shall be unlawful for any operator of any vehicle between the hours of 8:00 A.M. and 4:30 P.M. on days or parts of days when school is in session to drive at a speed greater than fifteen (15) miles per hour when approach- .f Ordinance No. 768 328 ing withfn -fifty (50) feet or in traversing said School CrossTng Zones. Upon those crossings which have been signed or marked as School Crossing Zones, it shall be unlaw- ful for the operator of any vehicle to fail to bring said vehicle to a complete stop when such crossing is occupied by a pedestrian. ( g) There are hereby created in the said City of Bozeman, Graduated Speed Zones, the limits of which are more particularly described in Schedule IV, attached hereto and made a part hereof, wherein it shall be unlawful for any operator of any vehicle to drive at a speed greater than thirty....five (35) miles per hour. I (h) There are hereby created in the said City of Bozeman, Quiet Zones, the lim:IiB of which are defined as follows: DEACONESS HOSPITAL QUIET 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 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. It shall be unlawful in the said Quiet Zones to drive or operate any vehicle in a noisy or offensive manner so as to cause any discomfiture whatever to the patients in said hospitals; and any person driving or operating a motor vehicle within said quiet zones contrary to the provisions herein shall be deemed guilty of "reckless driving", and shall be punished as herein provided; every person in charge of a vehicle shall exercise special c are to approach and proceed through such zones as noiselessly as possible. ( i) Twenty-five (25) miles an hour under all other conditions. It shall be prima facie unlawful for any person to exceed any of the foregoing speed limitations. In every charge of violation of this section, the complaint shall specify the speed at which the defendant is alleged to have driven, also the speed which this section declares shall be prima facie lawful at the time and place of such alleged violation. , ( j) No driver of a motor vehicle shall operate same at a speed less than fifteen (15) miles an hour on any through or arterial highway. ( k) Regulation of Speed by Traffic Signms. The Director of Public Safety is au- thorized ~o regulate the timing of traffic signals so as to permit the movement of traf- fic in an orderly and safe manner at speeds slightly at variance from the speeds other- I wise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof. ARTICLE VI. TURNING MOVEMENTS SECTION 39. Required Position and Method of Turning at Intersections. 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 right-hand curb or edge of the roadway. (b) Approach for a left-hand turn shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line 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 center line thereof and by passing to the right of such center lire 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 center line of the street being entered upon leaving the intersection. ( d) Where both streets or roadways are one way, both the approach for a ~ft turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway. SECTION 40. Hand-and-Arm signals and Method of Giving. All signals herein required 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: 1. Left turn. Hand and arm extended horizontally. I 2. Right tUrn. Hand and arm extended upward. 3. Stop or decrease speed. Hand and arm extended downward. SECTION 41. Signals by Hand and Arm or Signal Device. Any stop or turn signal when required herein 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 said signals must be given by such a lamp or lamps or signal device. Ordinance No. 168 324 SECTION 42. Authority to Place and Obedience to Turning Markers. (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. (b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. SECTION 43. Authority to Place Restricted Turn Signs. The Director of Public I Safety is hereby authorized to' determine those intersections at which dr.ivers of vehicles shall not make a right, left o~ U turn, and shall place proper signs at such intersec- tions. 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. SEC'rION 44. Obedience to No-Turn Signs. 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. SECTION 45. Limitations on Turning Around. 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. ARTICLE VII -- ONE-WAY STREETS AND ALLEYS SECTION 46. Authority to Sign One-Way Streets and Alleys. Whenever any ordinance of this city 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 effec- tive 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 oppo- site direction is prohibited. SECTION 47. One-Way Streets and Alleys. Upon those streets and parts of streets and in those alleys described in Schedule V attached hereto and made a part hereof, vehicular traffic shall move only in the ~ndicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. ARTICLE VIII -- SPECIAL STOPS REQUIRED SECTION 48. Through or Arteri&l Streets Designated. Those streets and parts of I streets described in Schedule VI attached hereto and made a part hereof are hereby declared to be through or arterial streets for the purpose of this section. Whenever two through or arterial streets intersect, traffic shall stop on entering the through or arterial street where "STOP" signs are erected. SECTION 49. Authority to Erect Stop Signs. Whenever any ordinance of this city designates and describes a through or arterial street it shall be the duty of the Dir- ector of Public Safety to place and MaintaIn a stop sign on each and every street in- tersecting such through or arterial street or intersecting that portion thereof described and designated as such by any ordinance of this city. SECTION 50. Intersections Where stop Required. The Director of Public Safety is hereby authorized to determine and designate intersections where particular hazard exists upon other than through or arterial streets and to determine whether vehbles shall stop at one or more entrances to any such stop intersection, and shall erect a stop sign at every such place where a stop is required. SECTION 51. Signs to Bear The Word "Stop." Every sign erected pursuant to this article, which sign requires a vehicle to come to a stop, shall bear the word "Stop" in letters not less than 6 inches in height and such sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlight proJec- ted 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. SECTION 52. Vehicles to Stop at Stop Signs. When stop signs are erected as herein provided 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 I signal. SECTION 53. Vehicle Entering Through or Arterial Highway or Stop Intersection. (a) After the driver of a vehicle has stopped at the entrance to a through or arterial highway, such driver shally-Iald the right-of-way to other vehicles which have entered the intersection from saId through or arterial highway or which are approaching so closely on said through or arterial highway as to. constitute an immediate hazard, but said driver having so yeilded may proceed and the drivers of all other vehicles ap- proaching the intersection on said through or arterial highway shall yeild the right- of-way to the vehicle so proceeding into or across the through or arterial highway. (b) 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 obliged to stop which are within the intersection or Ordinance No. 768 325 approaching so closely as to constitute an immediate hazard, but may then proceed. SECTION 54. Emerging from Alley or Private Driveway. The driver of a vehicle em- erging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway, yielding the right-of-way to any pedestrian as may be necessary to avoid collision, and upon en- tering the roadway shall yield the right-~way to all vehicles approaching on said roadway. SECTION 55. Stop When Traffic Obstructed. No dirver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersec- I tion or crosswalk to accommodate the vehicle he Is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any tra~fic-control signal indic ation to proceed. SECTION 56. Obedience to Signal Indicating Approach of Railroad Train. (a) When- ever any person driving a vehicle approaches a railroad grade crossing under any of the circum~tances stated in this section, the driver of such vehicle shall stop within 50 feet but not less than 15 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 dearly 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 hQ~an flagman gives or continues to give a signal of the approach or passage of a railroad train; (3) A railroad train approaching within approximately 1500 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. (b) 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. SECTION 57. Certain Vehicles Must Stop at All Railway Grade Crossings. The operator of any moto~ bus carrying passengers for hire, and the operator of any school bus carry- ing any school child, and the operator of any motor truck carrying explosive substances or explosive liquids of any specific gravity as a cargo or ~rt of a cargo and the op- erator of any vehble of the tractor or caterpillar type, other than a truck tractor, I shall, before crossing at grade any track or tracks of a steam or interurban eleotric railway, bring such vehicle to a stop not less than ten (10) feet or more than fifty (50) feet from the nearest rail of such track, and, while stopped, shall both look and listen in both directions along such track for approaching st~or interurban electric trains or cars before tra~ersing such crossings. ARTICLE IX MISCELLANEOUS REGULATIONS GOVERN ING THE OPERATION OF MOTOR VEHICLES SECTION 58. 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 200 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. SECTION 59. Crossing Fire Hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, railway track, to be used at any fire or alarm of fire, without the consent of the firedepartment offi- cial in command. SECTION 60. Driving through Funeral or Other Procession. No dirver 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 ordinance. This provision shall not apply at intersections where traffic is con- trolled by traffic-control signals or police officers. SECTION 61. Drivers in A Procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as oolsely as is practical and safe. SECTION "62. Vehicles Shall Not Be Driven on A Sidewalk. The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway, I except authorized vehicles of the City of Bozema.n engaged in rendering public services. SECTION 63. Right-of-Way Upon Starting Parked Vehicles. (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 mmking such movement, shall yeild the right-of-way to all vehicles which are approaching so closely as to constitute an immediate hazard, but said driver, havlng so yielded and having given a signal as required by this ordinance for a left turn movement, may proceed from said parked position into the hearest lane for moving traffic andthe drivers of all other vehicles approaching and proceeding in the same direction shall yield the right of way to such vehicle. (0) 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 Ordinance No. 768 32fi are approaching so closely as to constitute an immediate hazard, but said driver, having so yielded, may proceed from said parked position into the nearest lane for moving traf- fic and the drivers of all other vehicles approaching and proceeding in the samedirection shall yield the right of way to such vehicle. SECTION 64. Driving through Safety Zones Prohibited. No vehicle shall at any time be driven through or within a 3afety zone when occupied by a pedestrian. SECTION 65. Drive on Right Side of Street. 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 I 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, sub- ject to the limitations applicable by law in overtaking and passing. The foregoing provisions of this section shall not be deemed to prevent the mark- ing of lanes for traffic upon any street and the allocation of designated lanes to traf- fic moving in a particular direction or at designated speeds. SECTION 66. Keep to The Right in Grossing Intersections or Railroads. In crossing an intersection of streets or the intersection of a street by a railroad right~- way, ex- cept 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. SECTION 67. Meeting of Vehicles. Operators of vehicles proceeding in opposite dir- ections shall pass each other to the right, each giving to theother at least one-half of the main traveled portion of the roadway as nearly as possible. SECTION 68. Fallowing, Overtaking and Passing A Vehicle. ( a) Theoperator 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 center line of a street in overtaking and passing r/)'ther 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 per- mit such overtaking and passing to be made in safety. The foregoing provision of this section shall not apply upon one-way streets or upon streets laned ~or traffic, in which latter event vehicles traveling in lanes shall move in the direction permItted in such lanes. (2) The operator of a vehicle shall not overtake and passanother vehicle proceedi~ I in the same direction at any steam or electric railroad grade crossing, nor at any inter- section 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 anothervehicle 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 dri v:~r 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 an- other 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. SECTION 69. Operation of Vehicles on Approach of Authorized Emergency Vphicles. (a) Upon the immediate approach of an authorized emergency vehicle equipped w~th at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and when the driver is giving audible signal by siren, exhaust whistle, or bell; ( 1) The driver of every other vehicle shall yield the right-of-way and shall im- mediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise di- rected 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. SECTION 70. Duty to Stop in Event of Accident. The driver of any vehicle involved in an accident resulting in injury or death to any person or damage to property shall I immediately stop such vehicle at the scene of the accident, and shall give his name and address and registration nlliTl;ber 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, reason- able 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. Every person convicted undert~his section upon a charge of failure to stop after an accident resulting in injury or de~th qf any person shall be punished by i~prison- ment in the city jail for not less than teD (10) days nor more than ninety (90) days, or by a fine of not less than Ten ($10.00) Dollars and not more than Three Hundred ($300.00) Dollars, or by both such fine and imprisqnment. Any person convicted under this section upon a charge of failure to stop after an accident resulting In damage to Ordinance No. 768 327 property shall be punished by .imprisonment in the city jail for not less than five (5) days and not more than thirty (30) days, or by a fine of not less than Five ($5.00) Dollars and not more than Fifty ($50.00) Dollars, or by both such fine and imprisonment. - SECTION 71. Immediate Report of Accidents. 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 Twenty-five ($25.00) Dollars or more, shall immediately by the quickest means of communication, either verbal or written, give notice of such accident to the police department if such accident occurs within this city. I SECTION 72. Turning Movements and Required Signals. (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 ve- hicle 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 100 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 re- quired herein 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 visibl~ both to the front and rear of such vehicle then said signals must be given by such a lamp or lamps or signal device. (8) Method of Giving Hand-and- Arm Signals. (See Section 40 of this Ordinance on hand signals). SECTION 73. Right-of-Way. (A) Vehicles approaching or entering intersection. (1 ) The driver of a vehicle approaching an intersecl10n 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. I (3) The right-of-way rules declared in subdivisions (I) and (2) are modified at through or arterial highways and streets and otherwise as hereinafter stated in this article. (b) Vehicle Turning Left at Intersection. The driver of a vehicle within an in- tersection 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 said driver, having so yielded and having given a signal when and as required by this Ordinance, may make such left turn an d the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn. (c) Vehicle En,tering Through or Arterial Highway or Street or Stop Intersection. (I) The driver of a vehicle shall stop as required by this act 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 said through or arterial highway or street or which are approaching so closely on said through or arterial highway or street as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection on said through or arterial highway or street, shall yield the right-of-way to the vehicle so~oceeding 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 herein 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 pro- ceed cautiously, yielding to vehicles nq so obliged to stop which are within the inter- section or approaching so closely as to constitute an immediate hazard, but may then proceed. , (d) vehicle Entering Highway or Street fromPrivate Road or Dirveway. The driver I 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 said highway or street. ARTICLE x. -- DRUNKEN DRIVING AND RECKLESS DRIVING S~CTION 74. Drunken Driving Prohibited. (a) It shall be unlawful for any person while in an intoxicated conditiQn -or 1Jllder the influence of intoxicating liquor or any drug or narcotic to driva, oparate or run upon or over a~ay, .treet or public thoroughfare within the City of Bozeman, any automob~" k, motorcycle or any other motor vehicle. ~ ~~ (b) Any person driving, operating or r . i such motor vehicle upon or over any highway, street or public thoroughfa~~e City of Bozeman while in an intoxicated condition or under the influence of . ting liquor or of any drug or narcotic ahall, upon convicti:m thereof, be Punish~ a fine'of not less than Fifty ($50.00) DOllars, nor more than Three Hundred ($300.0 ) Dollars, or shall be i~prisoned in the City Jail Ordinance No. 768 32R not less than ten (10) days nor more than six (6) months, or by both such fine and itnprisonment. Such fine or imprisonment shall be assessed agdnst any such person so convicted regardless of whether or not his act or acts or omission have resulted in any damage to a person orpersons or property of any person, firm or corporation. (c) I addition to the j80Ve specified penalties for drunken driving, any person so convicted shall be subject all penalties imposed by the laws of the State of Montana for drunken driving, including, but not limlted to, the revocation of the driver's license to operate a motor vehicle.. ( d) If any person whose license has been revoked by a conviction of a violl;ttion I of this Ordinance and of the laws of the State of Montana shall thereafter drive, run or operate a motor vehicle upon any highway, street or public thoroughfare within this City within the time for which his said license has been suspended or revoked, he shall, upon conviction ther~of, be punished by a fine of not less than Fifty ($50.00) Dollars nor more than Three Hundred ($300.00) Dollars, or by imprisonment in the City Jail for not less than ten (10) days nor more than ninety (90) days, or by both such fine and imprisonment. SECTION 75. Reckless Driving Prohibited. ( a) Any person who drives, operates or runs any motor vehicle upon or over any hghway, street or public thoroughfare of the City of Bozeman in a careless, heedless or thoughtless manner, in willful disregard for his own safety or the rights or safety of others, or without due caution and circum- spection and at a speed or in a manner so as to endanger or be likely to endanger the operator or any other persons or property, shall be guilty of reckless driving. (b) Any person driving, operating or running any such motor vehble upon or Over any highway, street or public thoroughfare of the City of Bozeman in a careless, heedless or thoughtless manner in willful disregard for his own safety or the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger the operator or any other persons or property, shall, upon conviction thereof, be punished by a fine of not less than Twenty-five ($25.00) Dollars, nor more than Three Hundred ($300.00) Dollars, or shall be imprisoned in the City Jail not less than ten (10) days nor more than ninety (90) days, or by both such fine and imprisonment. Such fine or imprisonment' shall be assessed against any such person so convicted regardless of whether or not his act or acts or omission have resulted in any damage to a person gons or property of eny person, firm or corporation. .~ i (c) In addition to the above sp~ ed penalties for reckless driVing, any per- son so convicted shall be SUbject to~~ penalties imposed by the laws of the State of Montana for reckless driving, i~uding, but not limited to, the revocation of the I driver' slicense to operate a m~~$""vehicle. ~V'" (d) If any person whO~ cense has been revoked by a conviction of a violation of this Ordinance and of t~ aws of the State of Montana shall thereafter drive, run or operate a motor vehic~ pan any highway, street or public thoroughfare within this City within the:~i~ for which his said license has been suspended or revoked, he shall, upon convict'j.on thereof, be. punished by a fine of not less than Fifty ($50.00) Dollars nor more than Three Hundred (*300.00) Dollars, or by imprisonment in the Citu Jail for not less than ten (10) days nor more than ninety (90) days, or by both such fine and imprisonment. ARTICLE XI -- MISCELLANEOUS PROVISIONS SECTION 76. Unlawful Riding. No person shall ride on any vehicle, nor shall any driver or operator permit riding on any vehble upon any portion thereof not designed or intended for the use of passengers, and no person operating a motor- cycle, motor-dirven+cycle or bibycle 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 sest 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. SECTION 77. Clinging to Moving Vehicles. Any person riding upon any bicycle, motorcycle, coaster, sled, roller saktes, or any toy vehicle shall not attach the same or himself to any street car or moving vehicle upon any roadway. SECTION 78. Boarding or Alighting from Street Gars or Vehicles. No person shall board or alight from any street car or vehicle while such street car or vehicle is in motion. SECTION 79. Railroad Trains Not to Block Streets. It shall be unlawful for the directing officer or the operetor of any railroad train to direct the operation of or I to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of ti~e longer than ten (10) minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching. SECTION 80. Use of Coasters, Roller Skates, and Similar Devices Restricted. 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 cross- walk and when so crossing such person shall be granted all of the rights andshall 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. Ordinance No. 768 329 SECTION 81. Obstruction to Operator's View of Driving Mechanism. ( a) It shall be 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 con- trol over the driving mechanism ~ the vehicle. (b) It shall be unlawful for ahy 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. I ( c) It shall be 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 covered with fr~t4t, snow, ice, dirt or mud as to obstruct the view of the operator to the front, sides or rear thereof. SECTION 82. Scope and Effect of Regulations. 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 re- quired in this article, or which is equipped in any manner in violation of this article, or for any person to do any aet forbidden or fail to perform any act required under this article. (a) Flag or Red Light at End of Load. Whenever the load on any vehicle shall extend more than four (4) feet beyond the rear of the bed or body thereof, there shall be dis- played 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 (12) inches; both in length and width, exceptthat 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 (200) feet from the rear of such vehicle. (b) Horns and Warning Devices. (l) 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 (200) feet or more, and it shall be unlawful, except as otherwise provided in this section, 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 spark-plug whistle, or for any person at any time to use a horn dtherwise than as a reasonable warning, or to make any unnecessary or unreasonably con- tinued loud or offensive sound by means of a horn or other warning device. ( 2) Every authorized emergency vehicle shall be equipped with a bell, siren, or I exhaust whistle of a type approved by the Director of Public Safety. (c) Prevention of Noise, Smoke, Etc.; Muffler Cut-Outs. Regulated. (1) No person shall drive a motor vehicle on a street tmless such motorvebicle is equipped with a muffler in good working order and in constant operation to p~event excessive or unusual noise and annoying smoke. ( 2) It shall be unlawful to use a "muffler cut-out" on any motor vehicle on a street. (3) No vehicle shall be driven or moved on any street unless such vehicle is so con- structed or loaded as to prevent its contents from dropping, sifting, leaking or other- wise escaping therefrom. ( d) Red or Green Lights in Front of Vehicle Prohibited. It shall be unlawful for any person to drive or move any vehicle upon ahlghway 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. (e) Motor Vehicles Left Unattended, Brakes to Be Set, and Engine 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 said 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. ( f) Brake Equipment and Lighting Equipment Required on vehicles. It shall be unlaw- ful for any person, firm, or corpo~ation to operate, or cause to be operated, upon any of the streets, avenues or alleys of the City of Bozeman, any motor vehicle, trailer, or towed vehicle not complying with the laws of the State of Montana and the rules and reg- ulations of the Montana State Highway Patrol as to brake equipment and lighting equipment on such vehicles. I SECTION 83. State Lie ense Pla tes. The owner of a motor vehicle shall register such vehicle with the Motor Vehicle Department of the State of Montana, and shall further comply with all provisions of the Motor Vehicle Registration Act. The owner shall dis- play 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 (100) feet. SECTION 84. Driving by Certain Persons Unlawful. It shall be unlawful for any per- son to operate any motor vehicle on the streets or roadways of the City of Bozeman with- out all licenses or permits mow or hereafter required by this Ordinance or resuired by the Montana Uniform Motor Vehicle Operator's and Chauffeurs' License Act and any amend- ments thereto. It shall be unlawful for any person learning to drive a motor vehicle to operate the same upon any arterial or through street of the City of Bozeman. It shall be the duty of the police officers of the City of Bozeman to arrest any person violating the provisions of this section and take possession of the vehicle so unlaw- fully operated until satisfaction of any penalty imposed for such violation. Ordinance No. 768 ", . 330 SECTION 85. Licensing and Regulation of Taxicabs and Busses. It shall be unlawful for any person, firm onCorporation to operate any taxicab, bus or other vehicle for hire for the purpose of carrying passengers within the City of Bozeman without first obtaining a license for such operation, in accordance with the provisions of the ordinances of the City of Bozeman, and any amendments thereto, regulating the licensing of taxicabs and busses and without fully complying with all the applic~ble provisions of the \laws of the state of Montana governing the licensing and regulation of motor carriers. SECTION 86. Regulations and Restrictions of Size and Weight of Motor Vehicles and Loads, Trailers and Towed Vehicles and of Tire Equipment. (a) It shall be unlawful I. for any person, firm or corporation to operate or cause to be operated upon any of the str. eets, avenues Or alleys of the City of Bozeman any motor vehicle, trailer, or towed vehicle not complying with the laws of the State of Montana and the rules. and regula- tions of the Montana State Highway Commission as to the regulation and restriction of size and weight of motor vehicles and loads, trailers end towed vehicles and tire equipment. (b) The Director of Public Safety of the City of Bozeman shall have authority to impose such emergency regulations as to weight of motor vehicles and loads as he, in his discretion, shall deem necessary. ARTICLE XII-- PEDESTRIAN'S RIGHTS AND DUTIES SEc'rION 137. Pedestrians Subject to 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 article. SECTION d8. Pedestrians' Right-of-Way in Crosswalk. (8) 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 cross- ing the roadway within a crosswalk when the pedestrian is upon the half of the road- way upon which the vehicle is traveling, or when the pedestrian is approaching so close- ly 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 it is impossible for the driver to yield. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked cross- walk 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. SECTION 89. Pedestrians To Use Right Half of Crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. SECTION 90. Crossing at Right Angles. No pedestrian shall cross a roadway at any I place other than ~y a route at right angles to. the curb or by theshortest route to the . opposite curb except in a crosswalk. SECTION 91. When Pedestrian Shall Yield. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an int,ersection shall yield the right-of-way to all vehicles upon the roadway. (b) The foregoing rulesm this 'section have no application under the conditions stated in Section 92 when pedestrians are prohibited from crossing at certain desig- nated places. SECTION 92. Prohibited CDossing. (a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any pace except in a crosswalk. (b) No pedestrians shall cross a roadway other than in a crosswalk in the main business district, in the business-residence district, or on any through or arterial street or avenue. SECTION 93. Pedestrians Walking Along Roadways. (a) Where sidewalks ar~rovided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a high- way shall when practicable walk only on the left side of the roadway or its shoulder facing t~affic 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. SECTION 94. Drivers to Exercise Due Care. Notwithstanding the foregoing provi- 1 sions of this article eV'.3ry driver of a vehicle shall exercise due care to avoid collid- ing with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exerCi.se proper precaution upon observing any child or any confused or incapacitated person upon a roadway. ARTICLE XIII. -- REGULATIONS FOR BICYCLES SECTION 95. Effect of Regulations. (a) It is a violation of this Ordinance for any person to do any act forbidden or fail to pe rform any act required in this article. (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 article. (c) These regulations applicable to bicycles shall apply when ever a blc~cle is op- erated upon any street or upon any public path set aside for the exclusive use of bicycles, Ordinance No. 768 33t subject to those exceptions stated herein. SECTION 96. License Required. No person, who resides within this 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 there- to as provided herein. SECTION 97. License Application. Applications for a bicycle license and license plate shall be made upon a form provided by the City and shall bemsde to the Chief of Police. An annual license fee of twenty-five (25~) cents shall be paid to the city before I each license or renewal thereof is granted. SECTION 9B. Issuance of License. ( 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. (b) The Chief of Police shall not issue a license for any bicycle when he knows or has reasonable ground to believe that the applicant is not the owner of or entitled to the possession of such bicyc~e. (c) The Chief of Police shall keep a record of the number of each license, the date is sued, the name and addresa of the person to whom issuedand the number on the frame of the bicycle for which issued, and a record of all bicycle license fees collected by him. SECTION 99. 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 andthe expiration date thereof. {b} The Chief of Police shall cause such license plate to be firmly attached to the pear 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 disman- tled and no longer operated_ upon any street in this city. SECTION 100. Inspection of Bicycles. 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. SECTION lOI. Transfer of Ownership. Upon the sale or other transfer of a licensed I 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-fi~e (25jZ') cents, have said plate assigned to another bicycle owned by the appli- c an t,. SECTION 102. Rental Agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as pro- vided herein and such bicycle is equipped with the lamps and other equipment required in this article. SECTION 103. Traffic Laws Apply to Persons Riding Bicycles. Every person riding a bicycle upon a street or road~ay 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 th~ State de- claring 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 article and except as to those prov:t.sions of laws and ordinances which by their nature can have no application. SECTION 104. Obedience to Traffic-Control Devices. { 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 parmi tted, 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. SECTION 105. Riding on Bicycles. {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 I which it is designed and equipped. SEqTION 106. Riding on Streets, Roadways and Bicycle Paths. (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 proce6'ding 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. SECTION 107. Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. Ordinance No. 768 332 SECTION 108. Emerging From Alley or Driveway. The oper&tor 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 approach- ing on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approadhing on said roadway. SECTION 109. Clingng to Vehicles. No person riding upon any bicycle shall attach the same or himself to any vehicle upon a street or roadway. SECTION 110. Carrying Articles. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand I upon the handle bars. SECTION 111. 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. SECTION 112. Riding on Sidewalks. (a) No person shall ride a bicycle upon any sidewalk within the main business district. (b) No person over the age of fifteen (15) years shall ride any bicycle upon any sidewalk within theCi ty of Bo zeman. ( c) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right~-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. SECTION 113. Lamps and Other Equipment on Bicycles. ( a) Every bicycle when in use at nigh~me shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 200 feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from 50 feet to 300 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 300 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, clean pavement. - SECTION 114. .Penaltles. Every person, firm, or corporation convicted of viola- tion of any of the provisions of this article shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or by imprisonment in the City or County Jail for a periOd of notmore than ninety (90) days, or by both such fine and imprisonment, ex- I cept in the case of violation by minors under the age of eighteen (18) years. In case of violation by any such minor, or by any other perso~ such Police Officer is hereby given the authority and power to remove and detain th icense plate of such person's bicycle for a period not to exceed th~tY'(30) days, or to take possession of and im- poind such person's bicycle so operated by the violator at the time of such violation, for a period not to exceed thirty (30) days, or by any combination thereof, or, such minor may be delt with in accordance with the provisions of the laws of the State of Montana governing juvenile delinquents. ARTICLE XIV -- METHOD OF PARKING SECTION 115. Standing or Parking Close to Curb. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the dir- ection of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as otherwise provided in this article. SECTION 116. Signs or Markings Indicating Angle Parking. ( a) The Director of Public Safety shall determine upon what streets angle parking shall be permitted, sub- Ject to the approval of the City Commission, and shall mark or sign such streets. (b) Angle parking shall n~ 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. SECTION 117. Obedience to Angle-Parking Signs or Markings. 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. ARTICLE XV -- STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLICES I SECTION 118. Stopping, Standing, or Parking Prohibited. No signs Required. ( 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: l. On a sidewalk; 2. In front of a public or private dirveway; ~: Within an intersection; Within 15 feet of a fire hydrant, except where parking areas are designated 5. and plainly marked by direction of the Director of PUblic Safety; On a crosswalk; 6. Within 20 feet of a crosswalk at an intersection, except where parking areas are designated and plainly marked by direction of the Director of Public Safety; Ordinance No. 768 .. 333 7. Within 30 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 andthe adjacent curb or within 30 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 50 feet of the nearest rail of a railroad crossing, except where park- ing areas are designated and plainly;.M.arked by direction of the Director of Public Safety; 10. Within 20 feet of the driveway entrance to any fire station and on the side of I a street opposite the entrance to any .firestation within 75 feet of said en- trance (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 roadwa.y side of any vehicle stopped or parked at the edge or curb of a street; 13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 14. At any place where official signs 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. SECTION 119. Parking on Private Property. (8) 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 permit- ted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into said 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. SECTION 120. Parking Not to Ob.truct Traffic. 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 lO feet of the width of the roadway for free movement of vehicular - traffic. SECTION 121. Parking in Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of I the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position 8S to block the drive- way entrance to any abutting property. SECTION 122. All Night Parking Prohibited. No person shall park a vehicle upon any street where parking meters are installed for a period of time longer than thirty (30) minutes between the hoUl's of 2:00 A. M. and 6:00 A. M. .of any day; PROVIDED that the Director of Public Safety, in any emergency, or to facilitate cleaning or repair- ing the streets or rendering of any other public service, may further restrict or prohibit parking. SECTION 123. Parking for Certain Purposes Prohibited. No person shall }B rk a ve- hicle upon any street, roadway or public parking lot for the principal purpose of: 1. Displaying such vehicle for sale. 2. Displaying advert ising. 3 · Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. SECTION 124. Parking Adjacent to Schools. (a) The Director of Public Safety is hereby 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, int erfere 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 designEted place. SECTION 125. Parking Prohibited on Narrow Streets. (a) The Director of Public Safety is hereby authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indi- I cated by such signs where, in the opinion of the Director of Public Safety, traf'fic conditions create a traffic hazard. (b) When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign. SECTION 126. 'Standing or Parking on One-Way Streets. The Director of Public Safety is authorized to erect signs upon either or both sides of anyone-way street to prohibit the standing or parking of vehicles, and when such signs are in place, no person shell stand or park a vehicle upon such side in violation of any such sign. SECTION 127. Standing or Parking on One-Way Roadways. In the event a highway or street includes two or more separate roadways and traffic is restricted to one direc- tion 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. Ordinance No. 768 334 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. SEc'rION 128. No Stopping, st an dill?; or Parking Near Hazardous or Congested Places. ( a) The Director of Public Safety is hereby authorized to determine and designate by proper signs places not exceeding 100 feet in length in which the stopping, standing, or parking of vehlcles would creete an especially hazardous condition or would cause unusual delay to traffic. (b) When official signs are erected at hazardous or congested places as author- I ized herein no person shall stop, stan d , or perk a vehicle in any such designated place. SECTION 129. Private Restricte Parking Areas Prhoibited. No person shall erect any temporary or permanent sign or use any other marking or device for the purpose of limit- ing, prohibiting, or restricting parking upon any public street or highway in thi s city unless a permit to so do is first hact,( and obtained from the Director of Public Safety. SECTION 130. Parking of Large Vehicles Prohibited. It shall be unlawful for any operator to park a vehicle with a width greater than 84 inches, or a total length ex- ceed:tng 20 feet, t!:nc.luding load, and any vehicle carrying, or used for carrying live- stock, upon any street where angle parking is designated unless such dfd'ver shall hold a special permit from the Director of Public Safety authorizing such parking. SECTION 131. Parking of Commercial VAhicles Restricted. It shall be unlawful to park any commercial vehicle upon any street or alley for a period of time longer than one hour; provided, however, that when lawfully -and continuously load h g 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 res- trictive provisions of this Ordinance prOhibiting or limiting the stopping, standing, orparking of vehicles in specified places or at specified times. SECTION 132. Parking of Vehicle Used for The Transportation of Flammable Liquids Restricted. 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 prop- erty in this city where it would create a hazard to life or adjacent property, for a period longer than thirty (30) 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 proprty and only for so long as is reasonably necessary to complete such delivery. ARTICLE XVI -- STOPPING FOR LOADING OR UNLOADING ONLY I SECTION 133. Director of Public Safety to Designate Passenger and Curb Loading Zones. The Director of Public Safety shall have authority to determine the location of passenger zones and loading zones and shall erect and maintain, or cause to be maintained, appropriate signs indicating the same. SECTION 134. Curb Loading Zones for Use of Public. Any curb loading zone ea- tablished by the Director of Public Sa.fety as authorized in this Ordinance 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 curb loading zone. SECTION 135. Standing in Passenger Curb Loading Zone. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for theexpedi- tious loading or unloading of passengers in any place marked as a passenger curb loading zone and then only for a period not to exceed 3 minutes. SECTION 136. Standing in Freight Curb Loading Zone. (a) No person shall stop stand, or park a vehicle for any purpose or length of time other than for the expedi- tious unloading and delivery or pick-up and loading of materials in any. place marked as a freight curb loading zone. (b) The driver of a passenger vehicle may stop temporarily at a place marked ,as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone. SECTION 137. Backing into Curb for Loading and Unloading. (a) At every pick-up and delivery point in the main business district of the City of Bozeman where there is an accessible rear entrance, vehicles used for the transportation of merchandise and materials shall use such rear entrance. I (b) 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. SECTION 138. Director of Public Safety to Designate Public Carrier Stands. The Director of Public Safety, subject to the approval of the City CommiSSion, is hereby authorized to establish bus stops and taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets in such places and in such num- ber as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, taxicab stand, or other stand shall be designated QY appro- priate signs. Ordinance No. 768 33tj' SECTION 139. Parking of Busses Regulated. The driver of'a bus shall not pErk upon any street in any business district at any place other than at a bus stop, except that this provision shall not prevent the driver of such vehicle from temporarily stop- ping in accordance with other stopping or parking regulations at any place for the pur- pose of and while actually engaged in loadhg or unloading passengers. SECTION 140. Restricted Use of Bus end Taxicab Stands. No person shall stop, stand or park a vehicle other than a bus in a bus ,stop or stand, or other than a taxi- cab in a ta<<icab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily I stop therein for the purpose of andwhile actually engaged in loadmg or unloading pass- engers, when such stopping does not interfere with any bus, or taxicab waiting to enter or about to enter such zone. ARTICLE XVII -- STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS SECTION l41. Application of Article. The provisions of this article prohibiting standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a ve- hicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. SECTION 142. Regulations Not Exclusive. The provisions of this article imposing a time limit on parking shall not re~e 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. SECTION 143. Parking Prohibited at All Times on Certain Streets. When signs are erected giving notice thereof, no perso~hall park a vehicle at any time upon any of the streets o~ortions of streets described in Schedule VII attached to and made a part of this Ordinance. SECTION 144. Parking Prohibited During Certain Hours on Certain Streeti. In the parking meter zones of this City, which are the streets and avenues upon which parking meters are now or may be hereafter installed and operated, parking is restricted from the hours of 9:00 A.M. to 6:00 P.M. of any day except Sundays and holidars, to a max- imum of one (1) hour in one-hour meter zo nes, and to a maximum of two (2 hours in two-hour meter zones. SECTION 145. Provisions of Parking Meter Ordinance Incorporated Herein. The provisions of Ordinance No. 738 of the City of Bozeman, entitled" An Ordinance of The I City of Bozeman, Montana, Providing For the Installing of Parking Meters in Aid of the Regulation and ~ontrol of Motor Vehiole Traffic Upon the Streets, Avenue~, Alleys and Public Ways Within the Corporate Limits of The City, Under the Police Power of the City, Providing Penalties for Violation of This Ordinance, and Stating 8ndDeclaring an Emergency Whereby this Ordinance Shall Be Effective Immediately Upon Its Adoption," as they concern the installation of parking meters, the regulation and control of motor vehicle traffic within perking meter zones established by said Ordinance No. 738 or hereafter established, and the penalties for violations thereof are by this reference incorporated herein and made a part hereof the same as if fully set forth herein. SECTION 146. All Night Parking Prohibited. All night parking is hereby prohibited as is hereinbefore more fully provided in Section 122 of this Ordinance. SECTION 147. Parking 'rime- 'Limi ted on Certain Streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than ten (10) minutes at any time within the district or upon any of the streets described in Schedule VIII att~ched to and made a part of this Ordinance. SECTION 148. Parking Time Limited on All Streets. No person shall park a vehicle for longer than forty-eight (48) consecutive hours at any time U')on a street or high- way within the City of Bozeman. SECTION 149. Parking Time Limited on Public Parking Lots. When signs are erected in public parking lots giving notice "thereof, no person shall park a vehicle for longer than forty-eight (48) consecutive hours at any time in the public parking lots designa- ted in Schedule IX attached to and made a part of this Ordinance. SECTION 150. Director of Public Safety May Make Additional Parking Regulations. The Director of Public Safety is authorized to make and enforce such regUlations, rel- ative to parking, 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 I exit r::Jr: the assemblage from such building. SECTION l5l. Parking Signs Required. Whenever by this or any other ordiqsnce of this City any parking time limit is imposed or parking is prohibited on de~lgnated streets or public parking lots it shall be the dutj of the Director of Public Safety to erect appropriate signs giving notice thereof arid no such regulations shall be 'ef- fective unless said signs are erected and in place at the time of any alleged offense. ARTICLE XVIII -- OWNER RESPONSIBLE FOR ILLEGAL PARKING SECTION 152. Owner Responsible for Illegal Parking. If any vehicle is found upon a street or highway in violation of the ordinances, rules or regulations, controlling stopping, standJ.ng or parking of vehicles and the identity of the operator cannot be determined, the owner, or person in whose name such vehicle is registered, shall be Ordinance No. 768 336 prima facie responsible for such violation. ARTICLE XIX -- PENALTIES AND PROCEDURE ON ARREST SECTION 153. Penalties. Any person violet:ing any of the provisions of this Ord:i- nance, or any rule or regulation made by the Director of Public Safety pursuant thereto, shall, unless otherwise specifically designated in this Ordinance, upon convicti)n thereof be punished by a fine not exceeding One Hundred ($100.00) DOl1B.rs, or by imprisonment :in the city jail not exceeding thirty (30) days, or by both such fine and imprisonment. SECTION 154. Fine or Imprisonment. A judgment that the defendant pay a rine may I also direct that he be imprisoned until the fine be satisfied in the proportion of one day's imprisonment for each Two ($2.00) Dalla rs of the fine. SECTION 155. Procedure Upon Arrest. Any person, except a minor under 18 years of age, arrested for violation of this Ordinance shall be delt with in accordance with the provisions of the Ordinance of the City of Bozeman concerning and relating to process and execution of sentence. Minors under 18 years of age shall be delt with as pro- vided in the laws of the State of Montana 'relating to juvenile delinquency. SECTION 156. Disposition of Fines anf Forfeitures. All fines or forfeitures collected upon conviction or upon for f ei ture of bail of any person charged wi th a vio- lation of any of the provisions of this Ordinance, shall be paid to the Director of Finance and shall beoredited to the several funds as by Ordinance provided. SECTION 157. Authority to Impound Vehicles. (a) Members of the police depart- ment are hereby authorized to remove a vehicle from a street, highway olJ'public perking lot to the nearest garage or other place of safety, or to a garage designated or main- tained by the police department, or otherwise maintained by this City under the cir- cumstances 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 obstructi~,m 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 inoapacitated 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 perked illegally in a parking meter zone for an interval I of more than six hours. ( 5) When any vehicle is abandoned on any street, h~ghway,or public parking lot operated by The City of Bozeman by not being moved or usea for more than seven (7) con- secutive d~ys and such a vehicle is apparently deserted. (b) Whenever an officer removes a vehicle from a street, filghway or pUblic park- ing lot as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall within a reasonable time make every reasonable effort to ascertain the identity of and to locate the owner of such vehicle and to give or cause to be given notice in writing to such owner of the fact of such removal 9ndthe reasons therefor and of the pmce to which said 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) Whenever an officer removes a vehicle from a street, highway or public parking lot under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore required, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the State department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the db.te, time, and place from which removed, the reasons for such removal, and name of the garage or place where the vehicle is stored. ( d) Before the owner or person entitled to possession of any vehicle removed and impounded, as provided herein, shall be permitted to remove the same from the custody I of the City of Bozeman, he shall furnish evidence of his identity-and ownership of such vehicle, or right of possession thereto, shall sign a receipt for such vehicle, and shall pay any towing charges incurred by the Oity of Bozeman in towing said vehi- cle, and shall pay such charges for the storage of such vehicle as shall have been incurred by the City of Bozeman. (e) The payment or such fees and charges, as provided herein, shall not operate to relieve the owner Or operator of such vehicle from liability from any rine or pen- alty for the violation of any law or ordinance on account of which such vehicle was removed and impounded. ARTICLE xx -- EFFECT OF AND SHORT TITLE OF ORDINANCE, REPEAL SECTION 158. Effect of Ordinance. If any part or parts of this Ordinance are for any reason held to be invalid, such deic1sion shall not effect the validity of Ordinance No. 768 337 the remaining portions of this Ordinance. SECTION 159. Short Title. This Ordinance may be known and cited as the Traffic Ordinance. SECTION 160. Effective Date. This Ordinance shall t alee effect from and after the 9th day of February, 1952. SECTION 161. Repeal. Ordinances Numbers 672, 688, 689, 700, 701, 703, 708 and 731 of this City are hereby repealed, and all ordinances or parts of ordinances in con- I flict with or inconsistent with the provisions of this Ordinance are hereby repealed, except that thi$ repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. ARTICLE XXI -- SCHEDULES OF DESIGNATED STREETS AND AREAS REFERRED TO IN ORDINANCE SC HEDULE I. SECTION 162. Bonndaries of Districts within The City of Bozeman--The provisions of Sections VI to XII, inclusive, of Ordinance No. 711 of the City of Bozeman, 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 of Bozeman. SCHEDULE I I SECTION 163. Boundaries of School Speed Zones. In accordance with the provisions of Section 38 (e), it shall be unlawful for any operator of any vehicle to drive at a speed greater than fifteen (15) miles per hour between the hours of 8:00 A.M. and 4:30 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: HIGH SCHOOL, ROSARY AND EMERSON SCHOOL SPEED ZONE All that part of Main Street between a line 150 feet west of the west 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 a line 150 feet west of the west line of Fifth Avenue and a line 150 feet I east of the east line of Grand Avenue; all that part of Grand Avenue between a line 150 feet north of the north line of Babcock Street and a line 150 feet south of the south line of Olive Street; all that part of Olive Street between a line 150 feet west of the west line of Fourth Avenue to a line 150 feet east of the east line of Grand Avenue; all that part of Fourth Avenue between the sout~ line of Babcock Street and a l1ne 150 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 150 feet south of the south line of Olive Street; all that part of Fifth Avenue between Main Street and Babcock Street. HAWTHORNE SCHOOL SPEED ZONE All that part of Rouse Avenue Between a line 150 feet south of the south line of Mendenhall Street and a line 150 feet north of the nortq1ine of of Lamme Street; all that part of Lamme Street between a line 150 feet east of the east line of Church Avenue and a line 150 feet west of the west line of Rouse Avenue; all that part of Mendenhall Street between a line 150 feet east of the east line of Church Avenue and a line 150 feet west of the west line of Rom e Avenue; all tha t 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 11ne of Lamme Street. LONGFELLOW SCHOOL SPEED ZONE All that 'part of Tracy Avenuebetween th~orth line (projected) of East story Street and a line 270 feet north of the northline of Colle ge Street; all that part of Dickerson Street between the west line of Tracy Avenue and a line 150 feet west of the west line of Tracy Avenue. IRVING SCHOOL SPEED ZONE I All that part of Eighth Avenue between a line 150 feet south of the south line of Alderson Street and a line 150 feet north of th~ortq1ine of Dick- erson Street; all that part of Ninth Avenue between a line 150 feet south of the south line of Alderson Street anq9 line 150 feet north of the north line of Dickerson Street; all that part of Alderson Street between a line 150 feet east of the east line oQ,E1ghth Avenue and a line 150 feet west of the west line of Ninth Avenue; all that part of Dickerson Street between a line 150 feet east of the east line of Eighth Avenue and a line 150 feet west of the west line of Ninth Avenue. WHITTIER SCHOOL SPEED ZONE All that part of Durston Road between a line 150 feet east of the east line of Fifth Avenue and a line 150 feet west of the west line of Sixth Avenue; all that part of Sixth Avenue between a line 150 feet north of the north Ordinance No. 768 33R line of Durston Road and a line 200 feet north of the north line of Villard Street; all that part of Fifth Avenue between a line 150 feet north of the north line of Durston Road and a line 200 feet north of th~orth line of Villard Street; those parts of Short Street between a line 150 feet west of the west line of Sixth Avenue and a line 150 feet east of the east line of Fifth Avenue; the"a1ley adjacent to and aprallel to the south line of the Whittier School grounds in Block 4 of the Violett Addition. SCHDEULE III Section 164. Boundaries of SChool Crossing Zones. In accordance with the provi- I sions of Section 38(f), it shall be unlawful for any operator of any vehicle between the hours of 8:00 A.M. and 4:30 P.M. on days, or parts of days when school is in ses- sion to drive at a speed greater than fifteen (15) miles per hour when approaching within fifty (50) feet and in traversing the streets, or parts of streets, specified in the following School Crossing Zones: The intersection of Mendenhall Street and Third Avenue; The intersection of Dickerson Street and Willson Avenue; The intersection of College Street and Tenth Avenue; The intersect ion of MaIn Street and Third Avenue; The intersection of Dickerson Street and Eighth Avenue; The intersection of Alderson Street and Eighth Avenue. SCHEDULE IV SECTION 165. Boundaries of Graduated Speed Zones. In accordance with the provi- sions of 8ection 38(g), it shall be unlawful for any operator of any vehicle to drive at a speed greater than thirty-five (35) miles per hour upon the streets, or parts of streets, specified in the following Graduated Speed Zones: That part of East ....ain Street between Buttonwood Avenue and the east line of the city limits of Bozeman; That part of North Seventh Avenue between Durston Road and the north line of the city limits of Bozeman. SCHEDULE V. SECTION 166. One-Way Streets. In accordance with Section ~7 and when properly signedposted, traffic shall roo ve only in t he direction indicated upon the following streets: Direction of traffic I Name of Streets movement SGHED ULE VI. SECTION 167. Through or Arterial Streets. In accordance with the provisions of Section 48 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: Main Street All t.hat part of Main Street between the west line of Eighth Avenue and the east line of the city limits of Bozeman. Mendenhall Street All that part of Mendenhall Street between the east line of Seventh Avenue and the west line of Broadway Avenue. College Street I All that part of College Street between the west line of Eighth Avenue-and the west line of the city limits of Bozeman. Cleveland Street All that part of Cleveland Street between the west line of Eighth Avenue and the west line of Willson AVenue. Garfield Street All that part of Garfield Street between the west line of Sixth Avenue and the east line of Willson Avenue. Ordinance No. 768 339 Eighth Avenue All that part of Eighth Avenue between Main Street and ClevelanqBtreet. Seventh Avenue All that part of Seventh Avenue between the north line of Main street and the north line of the city limits of Bozeman. Willson Avenue I All that part of Willson Avenue between Main Street and the south line of Garfield street. Wallace Avenue All that part of Wallace Avenue between the north line of Main Street and the north line of Tamarack Street. Broadway Avenue All that part of Broadway Avenue between the north line of Main Street and the north line of Mendenhall Street. SCHEDULE VII SECTION 168. Parking Prohibited at All Times on Certain Streets. In accordance with Section 143 and when signs are erected giving notice thereof, no person shall at any tine park a vehicle upon any of the following described streets or parts of streets: The east side of Tracy Avenue between Babcock Street and Olive Street; The west side of Black Avenue between Babcock Street and Olive Street; The west side of Sixth Avenue between Cleveland street and Lincoln Street; The south side of Cleveland Street between Sixth Avenue and Eleventh Avenue. SCHEDULE VIII SECTION 169. Parking Time Limited on Certain Streets, or Parts of Streets, to Conform to Section 147.. In accordance wi th Section 147, and when signs are erected I giving notice thereof, no person shall park a vehicle at any time for -longer than ten (IO) minutes within the District or upon any of the streets, or parts of streets, as follows: The east side of South Tracy Avenue from the first alley south of Main Street to Babcock Street; The north side of Babcock Street from South Tracy Avenue to a line one hundred fifty-one (151) feet east of the east line of South Tracy Avenue. SCHEDULE IX SECTION 170. Parking Time Limited on Public Parking Lots. In accordance with Section 149 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for longer than twenty~four (24) consecutive hours at any time within or upon the following designated public parking lots: The tract of ground at the south east corner of the intersection of Babcock Street and Tracy Avenue described as Fractional Lot Two(2) and Lots Three (3), Four (4) and Five (5) in Block "AIf of Black's Addition to Boo eman; The tract of ground at the northwest corner of the intersection of Olive Street and Black Avenue described as Lots Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16) and Seventeen (17) in Block "AIf of Black's Addition to Bozeman; The tract of ground at the northeast corner of the intersection of Babcock Street and Bozeman Avenue described as The South one hundred twenty (120) feet of Lots Twenty-nine (29), Thirty (GO), Thirty-one (31), Thirty-two (J2), Thirty-three (33)1, Thirty-four (3 ), Thirty-five (35), Thirty-s Ix (36), of Block IfCIf of the Original 'Townsi te of Boz eman, Montana, also, be- ginning at the Southwest corner of Block "c" of the Original Townsite :)f I Bozeman, thence South along the East line of Bozeman Avenue South a distance of 12.7 feet, more or less, to the South line of the Northwest Quarter of Section 7, Township 2, South of Range 6 East, M.P.M.; thence East along said South line of said quarter section a distance of two hundred forty (24.0) feet, more or less, to an extension of the East line of Lot Twenty-nine (29) of said Block "C" of the Original Townsite of Bozeman; thence North along said extended East line of said Lot Twenty-nine (29) a distance of 19.02 feet, more or less, to the South-east corner of said Lot Twenty-nine (29) of said Block "C"; thence West along the South line of said Block "C" a distance of two hundred forty (240) feet, more or less, to the point of beginning in this description; also beginning at a point in the East line of Bozeman Avenue, South, said point being 12.7 feet South of the South- west corner of Block "c" of the Original.Townsite of said Bozeman, Montana; thence Easterly 240 feet, more or less, to a point nineteen (19) feet South of the Southeast corner of Lot Twenty.nine (29) of said Block "Clf; thence South 2.33 feet to the North line of Babcock Street; thence West along the Ordinance No. 768 . 340 North lln-e of said Babcock Street a distance of two hundred forty (240) feet, more or less, to the East line of Bozeman Avenue, ~outh; thence North 8.8 feet, more or less, to the point of beginning and excluding from the above described property the following described portion, to-wit: Beginning at the Southwest Corner of the above described premises; thence North along the East side of Bozeman Avenue a distance of thirty-five ( 35) feet; thence due East thirty-five ( 35) feet; thence South, along a line parallel with the East line of Bozeman Avenue thirty-five ( 35) feet; thence West along the North line of Babcock Street, as now laid out and constructed, thirty-five (35) feet, to the place of beginning; also the entire East Fifty (50) feet of the tract described above herein. I The tract of ground at the northwest corner of the intersection of Babcock Street and Rouse Avenue described as 100 feet off of the South ends of all of Lots Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty- three (23), and all that part of Lot Twenty-four (24), described as follows: Beginning at the Southeast corner of said Lot 24"; thence running North along the East line of said Lot 100 feet; thence west on a line parallel with the South line of said Lot 24, 3 feet, more or less, to the center of Bozeman Creek; thence Southwesterly along the center of said creek, 104 feet, more or less, to the South line of said Lot 24..; thence East along said South line 30 feet to the place of beginnlng, all in Block C of the original townsite of the town, now city, of Bozeman, Gallatin County, Montana, and also a certain strip of ground about 26 feet wide, North and South, and extending the entire length, East and West, along the South ends of Lot 19, 20, 21, 22 and 23 and 24, in said Block C of the original townsite of the town, now city, of Bozeman, the same be:i.ng a strip of land about 26 feet wide and 160 feet long between the South ends of said lots and the North line of Babcock Street, in said "\ City of Bozeman. The tract of ground on the east side of Rouse Avenue, between Main street and Mendenhall Street, described as the south Seventy-five (75) feet of Lots Fif- teen (15), Sixteen (16) and Seventeen (17) in Block "F" of Rouse's Addition to Bozeman. The tract of ground at the southwest corner of the intersection of Mendenhall Street and Black Avenue described as Lots Thirteen (13), Fourteen (14) and Fifteen (15) in Block "F" of the Original Townsite of Bozeman. The tract of ground on West Mendenhall Street, between Tracy Avenue and Willson Avenue, described as Lots Ten (10) and Eleven (11) in Block "An of Tracy's Second Addition to Bozeman The tract of ground on South Willson Avenue, between Babcock Street and Olive I Street, described as the North Twenty (20) feet of Lot Fourteen (14), Lots Fifteen (15) and Sixteen (16) and the South Fifteen (15) feet of Lot Seven- teen (17) in Block "A" of Alderson's Addition to Bozeman. I 341 Adopted at a regular meeting of the City Commission of the City of Bozeman held this 9th day of Janua~ 1952. UJ.l1 k Mayor Atte~t: I ~~ C erk 0 the City Commission Published in Bozeman Daily Chronicle January 11th, 19.52. state of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the City Commission of the City of Bozeman, do hereby certify that the f~egoing Ordinance was pUblished by title and number in the Bozeman Daily Chroniole, a ~per of general circulation printed and published in said City in the issue of January llth, 1952, and that due proof is on file in my office. IN WITNESS WHEREOF I here~to set my hand and affix the seal of my office this 26th day of March, 1952. ~J:~ Cl r of the City Commission I ,,- I