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HomeMy WebLinkAboutOrdinance 36- 672, Regulates traffic 46~..., t "?-'" ,'/.co. -vtpO c~ t-..",'" .,? ).~., ".~~ .,.' ~ . }t.... .' . " . ,.. ,." .' ..' .' ,,' ~ ~ <'.;J = C<;;:J " r:::: \ ;:5 11.' :, '... i"i C;::.) ~ ....- ,,~ ~,? (.,e,) "t:'~:s t":'- (~~ f::.= ~ ~~ .r7~_LL1ZJINO'" I".r,~.~ ,-:',.., :~',~ , .,' "." AmoQuo b, C,~m8~ca 'Ol......kf ~. . ~e'7 Am\inCfiu OJ ~~'um~nca flo..;2> 0 .. ORDINANCE NUMBER 672 BE IT AN ORDINANCE REGULA1'ING 1RAFFIC UPON rrlm PUBLIC STREETS, AVENUE, AND ALLEYS OP 'THE CITY OP BOZEMAN, MONTANA, AND REPEALING ORDINANCES NOS. 576, AND 610, OF THE CITY OF BOZEMAN, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLllTCT HEREVIITA;I,-m;"OtaIffifnCtNo:liL ORDAINED BY TIill COMMISSION OF THE CITY OF BOZEMAN: 7o? Dft I d b 0 .l;'-'M'lnQ "0 16 f ARTICLE I m;.P88,O y rmh;J~~-Ju ~'i L .,..-...-...- Defini tlons Sectlon 1 Vfuerever in this Ordinance the following terms are used, they shall have the mean- ings respectively ascribed to them in this section; STREET INCLUDES AVENUE: Whenever the w'ord IIstreetl' is used in this Ordinance it shall be construed to include tlavenue" and "alley". ARTERIAL HIGHWAYS: Those streets and avenues set out and designated by the Com- mission as Arterial H~~hways wherein any person when drivlng or operating a vehicle upon any crossover or intersecting street must first bring his vehicle which he ls driving to a complete stop im~diately before entering upon such street or avenue . (See Section 57.) AUrrHORIZED EMERGENCY VEHICLE: Vehicles of' the Fire Department, Police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporatlons as are designated or authorized by the City Manager. CROSSWALK: " ',Tha t p(}rtio'rl" of' a roadway ordinarily included wi thin the prolongation of ~ - l' ."_ ~ ."';' curb and property lines at intersections, or any other portion of a roadway clearly in- dicated for pedestrian crossing by Ilnes or other markinr:,s on the surface. Districts BUSINESS DISTRICT: All that part or parts of Bozeman on Main Street from Button- wood to Eighth Avenue; on Babcock from Rouse Avenue to Third; on Mendenhall from Rouse to Grand Avenue; and all intervening avenues and alleys. RESIDENCE DISTRICT: All that part or p'1rts of the City of Bozeman not 'included in Business District. INTERSECTION: The area embraced within the prolongation of the lateral curb Ilnes, or, if none, then, the lateral boundary lines of two or more str,:ets or hlghways which join one another at an angle, whether or not one such street or hir:hwa;T crosses the other. MOTOR VEHICLE: Every vehicle as herein deflned, whibh is self-propelled. OFFICIAL TRAFFIC SIGNS: All signs, markings and devices, other than signals, not inconsistent with thj.s Ordinance, placed or erected by authority of a publiC body or official havin,fi jurisdiction, for the purpose of glJiding, directlng, warning or reg- ulating traffic. OPERATOR: Any person who is in actual physical control of a vehicle. PARKING: The standing of a vehicle, whether occupied or not, upon a roadway, otherwise than temporari'ly for the purpose of and while actually engaged in loading or unloading, or in obedience to traffi c regu,la tions or traffic signs or signals. PEDESTRIAN: Any person afoot. POLICE OFFICER: Every officer of the r~unicipal Police Department or any officer authorized to direct or regulate traffic or to make arrests for violatlon of trafflc regulations. I I I ,. I . '.~. ~l 47 t' U','.' , '~'. .. ,.' ~ ;: '-< , ., ,',- PRIVATE ROAD OR DRIVEWAY: Every road or driveway not open to the use of the public for purposes of vehictllar travel. RIGHT OF WAY: The privilege of the immecUnte use of street or hlghway. ROADWAY::' T'hat port.ion, of a street or alley between the regularly established curb l1nes, and, 'where there are no curbs, that part devoted to vehicular traffic. Safety ZONE: The area or space officially set apart wi th).~ a.,r;oa~'?'lfy~/or,:r.~~..~~X- , . ,',':'J"('J1i'- clusive use of pedestrians and which is protected or is so marked or indicated'by~ade- quate signs as to be plainly visible at all times while set apart as a safety Zone. SIDEWALK: That portlon of a street between the curb lines and the adjacent prop- erty lines. TRAFFIC: Pedes trians, ridden or herded anilnals, vehicles and other conveyances, either s:Lngly or together, while using any street for purDoses of travel. TRAli'PIC CONTROL SIGNAL: Any device using colored lights, or wor.ds, or any com- bination thereof, whether manually, electrically or mechanicnlly operated, by which traffic is alternately directed to stop and to nroceed. It also includes stationary "stop" signs. VEHICLES: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by hlllnan power or used exclusively upon stationary rails or tracks. ARTICLE II AUTHORITY OF POLICE Rep~G!;'lb,; ~:. .,;' ;<>'.>'] . :":jr Hl--rf..L Section 2 Police to Direct Traffic It shall be the duty of the Police Department of this Ci.ty to enforce the provl- sions of this Orc1:i.nance. Officers of the Police Department are hereby authorized to direct all traffic, either in person or by means of visible or audible signal in conformance with the provisions of this Ordinance, provided that in the event of a fire or other emergency, or to expedite traffic or safegunrd pedestrians, officers of the Police or Fire Department may direct traffic, as conditions may require notwithstanding the pro visions of this Ordinance. Section 3 Ci ty Manager Authorized to Adopt Emergency Regl,la tions The City Manager is hereby empowered to make and enforce regulations necessary, in his judgment, to make effective the provisions of this Ordinance and to make and enforce temporary regulations to cover e::1ergencies or special conditions. Section 4 Obedience To Police It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direc tion of a police offi cer wi th r'eference to "traff.1.c" as defined in t hi s Ordinance. Section 5 Public Employees To Obey Traffic Regula.tions The provisions of this Ordinance shall' apply to the operator of any vehicle owned by or used in the service of the United.~States Government, The State of r,~ontana, the County of Gallatin, or the City of Bozeman, and it shall be unlawful for nny said operator to Ordlnance NV. 672 48 viola te any of the provisions of this Ordinance, except as otherwise herel,n provided. Section 6 Exemptions To Authorized Emergency Vehicles The provisions of this Ordinance regulating the movement, parking and standing of vehicles shall not apply to authorized emergency vehicles as defined in this Ordinance whlle the driver of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemptlon shall not, however, protect the driver of any such vehicle from the consequence of a reckless disregard of' the safety of others. Section 7 Persons Propelling Push Carts Or Or Anlmals To Obey Traffic Hiding Bicycles Hegulations Every person propelling any pushcart or riding a bicycle or an animal upon a road- way, and every person driving any animal, shall be su~),ject to the provisions of this Or- dinance applicable to the operator of any vehicle, except those provislons of tllis Or- dlnance with reference to the equipment ,of vehicles and except those provisions which by their very nature can have no application. ARTICLE III TRAFFIC SIGNS AND SIGNALS Section 8 . Traffic Signs and Signals (a) The Commlssion shall, by resolu.tlon, determine and designate the character of type of all officj.al traffic signs and signals. Subject to such desIgnation, 'l'he City Manager is hereby authorized, and as to those s:ir;ns and signals required hereunder, it shall be his duty, to place and maintain or cause to be placed and maintained, all of- flcial traffic signs, and slgnals. All signs and signals required hereunder for a pD.r- tlcular purpose shall, so far as practicable, be uniform as to type and location through- au t theCi ty. (b) No provision of this Ordinance for which signs are required shall be enforce- able against an alleged violator, if, at the time and place of the alleged violation, the sign here:i.n required is not in proper position and sufficiently legible to be seen in the exerclse of a'dinary care and caution. Vihenever a particular sectlon does not state that signs are required, such section shall be effective without signs being erected to r~ive notice thereof. Section 9 Obedience To Traffic Signs And Signals It shall be unlawful for any operator to disobey the instructlons of any official traffic sign or signal placed in accordance with tIle provisions of thls Ordinance, un- less otherwise directed by a police officer. Section 10 Traffic Control Slgnal Legend Whenever trafflc at an intersection is alternately directed to proceed and to stop by the use of signals exhibi tinf,colored lights or the words "GO'I, "Caution", and "Stop", said lights and terms shall indicate as follows, except as provided in Section 16: (a) Green or "Go" --'rraffic facing the signal may proceed, except that vehicular traffic shall yield the right-at-way to pedestrians and vehicles lawfully within a cross- walk or the intersection at the time such signal was exhibited. Ordinance No. 672 I I I I I I 49 (b) Yellow or "CAution" when shown followinG the Green or "Go"-Traffic facing the signal shall stop before entering the intersection unless so close to the intersection that a stop can not be made in safety. (c) Red or "Stop"--Traffic facing the signal shall stopbefore entering the inter section and remain standinr: until Green or "Go" is shown alone. Section 11 DispJibY Of Unauthorized Signs and Signals Prohibited It shall be unlawful for any person to place or maintain or to display upon or in view of any street any unofficial sign, signal or device which purports to be or is an imi.ta tion of or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic or which hides from view any official traffic siGn or signal. Every such prohibited sign, signal or device is hereby declared to be a public mulsance, and the Clty Manager is hereby empowered to remove the same, or cause it to be removed, with- out notice. Section 12 Interference With Signs and Signals Prohibited It shall be unlawful for any person to wiifully deface, injure, move, obstruct or interfere with any official traffic sign or signal or barricade. Secl10n 13 City Manager Authorized to Designate Crosswalks -r The Ci ty i,lanager is hereby authorized to es tablish and to desic;na te and shall there- after maintain, or cause to be maintained, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is partlc- ular dnager to pedestrians crossing the roadway, and at such other places as he may deem necessary. Section 14 City Manager Zones Authorized to Deslgnate Safety and Lanes For Traffic (a) The Ci ty Manager is hereby empowered to establish safety zon(~s of such kind and character and at such places as he may deem necessary for the protecti':D of pedestrians. (b) The Clty Manager is also authorlzed to mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the provisions of this Ordinance. ARTICLE IV PEDESTRIANS' RIGHTS AND D1rrIES Section Pedes trlans' 15 Right Way Of (a) The operator of any vehicle shall yield the right-of-way to a pedestrian cross-. ing the roadway within any marked crosswalk or within an unmarked crosswalk at the end of a block, except at intersections where the movement of traf.fl.c is being regulated by police officers or traffic control signals. (b) Whenever any vehicle has stopped at a marked cross-walk or at any inter-section to permit a pedestrian to cross the roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle. { (c) Pedestrians shall cross all arterial highways at a street intersection or con- nection by passing over such protion of the street being crossed as is induded within the Ordinance No. 672 50 lines of the sidewalk projected and not diagonally, i.e., what is commonly termed "'jay walking"i on arterial highways is orohibi ted. (d) Every pedestrian crossing a roadway at any point other than within a marked or unmarked crosswalk shall yield the right-of-way to vehicles upon the roadway, provided that this provision shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians. Section 16 Pedestrlans' Rights and Duties At Controlled Intersections On streets where tra:'fic at intersections is controlled by traffic control signals or police officers, pedestrians shall not cross a road way against a red or "stop" signal and shall not cross at any place except in a marked or unmarked crosswalk. A pedestrian crossing or starting across in any such crosswalk on a "go" signal shall have the ri?)1t- Of-way over all vehicles, including those making turns, until such pedestrian has reached the opDosite curb or a safety zone, and it shall be unlawful for the operator of any ve- hlcle to fail to yield the rlp;ht-of way to any such pedestrian. Section 17 Pedestrians to Use Right Half of Crosswalks Pedestrians shall move, whenever practicable, upon the right half of crosswalks. Section 18 Pedestrlans Sollciting Rldes It shall be unlawful for any person to stand in a roadway for the purpose of soliclt- ing a ride from the operator of any vehicle. ARTICLE V UNLAWPUL DRIVING, RIDING AND OPEHATING Driving Section Through Safety Prohibited 19 Zones It shall be unlawful for the operator of a vehicle at any time to drive the same over or through a safety zone as defined in this Ordinance Section 20 Boardlng or Alighting From Vehicles It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion, and it shall also be unlawful for any vehicle to stop within an inter- section or on a crosswalk for the purnose of receiving or discharging passengers. Section 21 Unlawful Hiding It shall be unlawful for any person to ride, and for any driver to permit riding on any vehicle or upon any portion thereof not designed or intended for the use of passengers when the vehicleis :in motion. Thls provlsion shall not apply to an employee engaged ill; the necessary discharge of a duty or within truch bodies In space intended for merchandi.se. Section 22 Railway Trains Not To Block Street It shall be unlawful for the directing officer or the operatorof any steam or electric reilway train or car to direct the operation of or to op~rate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than ten (10) minutes, except that this provision shall not apply to trains or cars in motion other than those engap,:ed in switching. Ordinance No. 672 I I I I I I 51 ARTICLE VI STOPPING, STANDING AND PARKING Stopping Section Prohibited in 23 Specified Places It shall be unlawful for the operator of a vehicle to stop, stand or park such ve- hicle in any of the following places, except when necessary to avoid confllct with other traffic or in compliance with the directions of apalice officer or traffic control sign or signal: v 1. Withln an intersection 2. On a crosswalk 3. Between a safety zone and the adjacent curb or within twenty (20) feet of points on the curb immediately opposite the ends of a safety zone, unless the City Manager shall indicate a different length by signs. 4. Within twenty-five (25) feet from the intersection of mlrb lines, or, if none, then within fifteen (15) feet of the intersection of property lines at an intersection, except at alleys. 5. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the slde of the roadway. 6. Within fifteen (15) feet of the driveway entrance to any fire station. 7. Within fifteen (15) feet of a flre hydrant. 8. In frorot of a pri va \~e driveway, or a pri va te property marked for private parkin~. 9. On a sidewalk. 10. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking obstructs traffic. 11. Double parking for more than two (2) minutes is nrohibited. Section 24 Standing For Loading Or Unloading Only In Certain Places (a) The City Manager shall have authority to deter'nine the location of passenger zones and loading zones and shall erect and malntail;1, or cause to be maintained, appro- priate signs lndlcating the same. (b) It shall be unlawful for the operator of a vehicle to stop, stand or park said vebble for a period of time longer than is necessary for the expeditious loading or un- loading of passengers in any place marked as a passenger zone. (c) It shall be unlawful for the operator of a vehicle to stop, stand or park said vehicle for a period of tlme longer than is necessary for the eXDedItious loading or un- loading of passengers, or for the unloading and delivery or picln'lp and loading of materials, in any place marked as a loadlng zone. In no case shall the stop for loading and for unloadIng of materials exceed twenty (20) minutes. Section 25 City Manager duthorized to Designate Bus Stops, Taxicab Stands and Express Vehicle Stands The City Manager is hereb? authorized and required to establish bus stops, taxicab stands and express vehicle stands on such public streets, in such places and in such number as he shall determlne to be of the greates~benefit and convenience to the public, and every bus stop, taxicab stand or express vehicle stand shall be designated by appro- priate sign~. Sectlon 26 Other Vehicles Prohibited From Parking In Bus Stops Taxicab or Express Vehlcle Stands It shall be unlawful for the operator of any vehicle other than a bus to stand or Dark in an officially designated bus stop or for any vehicle other than a taxicab to stand or park in an officially designated taxicab stand, or for any vehicle other than an ex- press truck or wa70n to stand or park in an officially designated express vehicle stand, Ordinance No. 672 52 except that the operator of any passenger vehlcle may temporarily stop in any such stop or stand for the purpose of and whlle actually engased in the loading or unloading of passen~ers. Section 27 Busses, Taxicabs and Express Vehicles Prohibited From Parking Except In Designated Stands It shall be unlawful for the operator of any bus, taxicab or express vehicle to stand or park upon Qny street in any business district at any place other than at a bus stop, taxicab stand or eXDress vehicle stand, respectively, except that this provision shall not prevent the operator of any such vehlcle from temporarily stopping in accordance with other parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. Section 28 Parlcing Prahl bi tecl in School Zone s (a) Between the first day of September of each year, and the first day of June of the following year it shall be unlawful for any operator to park any vehicle during the time between 8:30 A.liI. and 4:30 P.M., on any day except Saturdays, Sundays, and other school holidays: \ On 'I'hird Avenue between Main Street and Babcock Street, On Babcocl{ Street between the west line of Fourth Avenue produced and Grand Avenue, On the North side of Olive Street between Fourtrl Avenue and Grand Avenue, On the East side of Fourth Avenue between Babcocl{ Street and Olive Street, On the West side of, Grand Avenl1e between Babcock Street and Olive Street, On the East side of Tracy Avenue between Alderson Street and the North line (projected) of Lot 29, Block E, Hoffman's Addition, (b) It shall be unlawful for any operator to stop, stand or park any vehicle upon a street, in such manner or under such condltions as to leave available less than ten (10) feet of width of the roadway for the free TIl0Vement of vehicular traffic. (c) It shall be unlawful for any operator to parl{ a vehicle with a width greater than 84 inches, or a total length exceeding 18 feet, including load, and any vehicle carrying, or used for carrying, livestock, upon any street where angle parking is designated unless such driver sha.ll hold a special Dermit from the City Manager authorizing such parking, in aco. cordance wlth Sectiori 31 (c) of this Ordlnance. Section 29 Parking Time Limited in Designated Places (a) The operator of a vehicle shall not park such vehicle between the hours of 9:00 A.M. and 6:00 P.M. on any day for longer than 15 MINUTES On the east side of Tracy Avenue between the first alley South of Main Street and Babcock (Post Office Building) 90 MINTUES On Main Street Between Rouse Avenue and Grand Avenue. (B) The City Manager is authorized to make and enforce Buell. regulations, relative to parking etc., in front of buildings in whlch any conslderable number of persons have Ordlnance No. 672 I I I t I I I \ assembled or are expected to assemble, as may seem\necessar-I to assure rapid and safe \ exit of the assemblaGe from such building. Section 30 All Night Parking Prohibited It shall be unlawful for the oper.,tor of any vehicle to park such vehicle on any street for a period of tlme longe!' than thirty (30) minutes between the hours of 2':00 A.M. and 6:00 A.M. of any day; PROVIDED that the police, in any emergency, or to facilitate cJ,eaning or repairing the streets, etc., may further restrict of prohibit parking. Section 31 Standing or Parking Close to Curb (a) Except when necessary in obedience to traffic regulations or traffic siGns or signals, the operator of a vehicle shall not stop, stand or park such vehicle in a road- way other ,than parallel with the edge of the roadway headed in the direction of trafflc, and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except as provided in the following three paragraphs: (1) UP?n those streets which have been marked or signed for anGle p~rking, ve- hicles shall be parked wholly withln, or between, two such adjacent marks or signs. (2) In places where and at hours when stopping for the loading or unloading of . merchandise or materials is permitted, vehicles used for the transportation of merchandise or materials, may back into, the curb to take on or discharge loads, when the ovmer of such ------ vehicle hold a permlt granting hIm such privilege, and provided further that such permlt shall be either in the possession of the operator or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load, and it shall be unlawful' for any owner or operator to violate any of the terms or ~onditions of any such permlt. (b) The City Manager shall determine upon what streets an~le parl:ing shall be per- . . mitted and shall mark or sign such streets or cause the same to be marked or signed. (c) The City Manager is hereby authorized to issue to any owner of a vehicle used to transport merchandise or materials, apermit, renewable annually, and to state therein the terms and conditions thereof, allowing the operator of such vehlcle the privilege of loading and unloading, while the vehicle is backed against the curb, or, of standing such vehicle in specifled places and for specified purposes otherwise prohibited in this Ordinance, if in the opinion of the City Manager such privilege is reasonably necessary in the conduct of the owner's business and will not seriously interfere with traffic. Section 32 Parking Vehicle For Sale Prohibited It shall be unlawful for any person to park upon a street, any vehicle displayed for sale. Section 33 Using Vehicle for Primary Pur:00ses of Displaying Advertising Prohibited It shall be unlawful for any person to park on any street any vehicle for the pri- mary purpose of displaying advertising. Section 34 . Owner Responsible for Illegal Parking If any vehicle is found upon a street or highway in violation of the ordinances, rules or regulations, controJi-ing stopping, standing or parking or vehicles and the iden- Ordinance No. 672 53 54 tity of the operator cannot be determined, the owner, or person in whose name such vehicle is reglstered, shall be prima facie responsible for such violation. AwrrCLE VII OPERATION OF VEHICLES Section 35 Persons Under the Influence of Intoxicating Liquor or Narcotic Drugs It shall be unlawful for any person who is an habltual user of narcotic drugs, or any perro n who is under the lnfluence of intoxicating liq1J.or or narcotic drugs to drive any vehicle upon any street or other public way. Any person convicted of a vlolation of this section shall be punished by imprlson- ment in the city jail for not less than ten (10) days nor more than ninety (90) days, or by fine of not less than Twnety-'five (~~25.00) Dollars, nor more than rrhree Hundred ($300.00) I Dollars, or by both such fine and impri5ortment. On a second or subsequent convlction, any person so convicted shall be punished by Lnprisonment for not less than thirty (30) days and not more than ninety (90) days, and by a fine of not more than Three Hundred ($300.00) Dollars. Section 36 Reckless Driving Any person who drives any vehicle upon a street carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others, or without due caution and cir- cumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving. Every person who is convlcted of reckless driving shall be punished by imprison- ment in the ci ty ,jail for a per:l..od of not less than five (5) days nor more than ninety (90) days, or by fine of not less than Ten ($lO~OO) Dollars nor more than Three Hundred ($300.00) Dollars, or by both such fine and imprisonment, and on a second or subsequent conviction shall\be punished by imprisonment for not less than ten (10) days nor more than ninety (90) days, or by a fine of not less than Fifty ($50.00) Dollars nor more than Three Hundred ($300.00) Dollars, or, by both such fine and imprisonment, together with I revocation of driving permit. Section 37 Restrictions As to Speed (a) Any person driving a vehicle on a street shall drlve the same at a careulmd prudent speed, not greater than is reasonable and proper, having due regard to the traf- fic, surface and width of the street and of any other conditions then ex.lstlng, and no person shall drive any vehicle upon a street at such a speed as to endag~er the life, limb or property of any person. (b) Subject to the Provisions of Subdivision (a) of this section and except in those instances where a lower speed is specifled in this Ordinance it shall be prima' facle lawful for the driver of a vehicle to drive the same at a speed not exceeding the fOllowing, but in any case when such speed would be unsafe it shall not be lawful: (1) Fifteen (15) Miles an hour when approaching within fifty (50) feet of a grade crossing of any steam 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 I his approach to such crossing he does not have a clear and unlnterrupted view of such railway crossing and of any traffic on such railway crossing and of any traffic on such Ordinance No. 672 I I I 55 railway for a distance of four hundred (400) feet in each direction from such crossing. School Speed Zones (2) (a) There are hereby created in the said City of Bozenlan, School speed Zones, the limits of which are herein defined, 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 6:00 P.M., to-wit: HIGH SCHOOL SPEED ZlDNE. All that part of M:ain Street between the east Ilne of Fifth Avenue and a lil"e 150 feet east of the east line of Third Avenue; all that part of Third Avenue between the sout:tl line of Main Street and the north line of Babcock Street; all that part of Babcock Street between the east line of Fifth Avenue and a line 150 feet east of the east line of Grand Avenue; all that part of Grand Avenue between the south line of Babcock Street and a line 150 feet south of the south line of Olive Stret; all that part of Olive Street between a line 150 f'eet eastof the east line of Grand Avenue and to a line 150 feet west of the west line of Fourth Avenue; all that part of Thlrd Avenue between the south line of Olive Street and a line 150 feet south of the south line of Olive Street and all that part of Fourth Avenue between the south line of Bab- cock street and a line 150 feet south of the south line of Olive Street. HAWTHORNE SCHOOL SPEED ZONE. All that part of Church Avenue between a line 150 feet south of the south line of Menderulall Street and a line 150 feet north of the north line of Lamme Street; all that part of Lamme Street between the west line of Church Avenue and the east line or' Rouse Avenue, and all th<,t part of Mendenhall Street between the west line of Church Avenue and the east line of Rouse Avenue. LONGFELLOW SCHOOL SPEED ZONE. All that part of Tracy Avenue South between the south line of West Story Street at the west corner of Block 6 of Fairview Addition and a line 150 south of the south line of West Alderson Street; all that part of West Dickerson Street between the west Ilne of Tracy Avenue and the east line of Willson Avenue; all that part of West Alderson Street between the east line of Tracy Avenue and a line 167 feet east of the east Ilne of said Tracy Avenue, and all that part of West Story Street between the east line of Tracy Avenue and a line 167 feet east of the east line of Tracy Avenue. QUIET ZONE (2) (b) There is hereby created ln the said City of Bo?eman, Quiet Zones, the limits 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 th~t 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 ven.icle within said quiet zones contrary to the provisions herein shall be deemed guilty of "reckless Drivingll , and shall be nunished as herein provided; every person in charge of a vehicle shall exercise Ordinance No. 672 .56 special care to approach and proceed through such zones as moiselessly as possible. (3) Fifteen (15) miles an hour when makins a rifpt-hand turn at any intersection and/ or when approaching within fifty (50) feet and in traversing an intersection of streets when the driverls view is obstrl1cted. 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 vlew of such intersection and of the traffic UDon all of the streets entering such intersection for a distance of two hundred (200) feet from such intersection. (4) Fifteen (15) miles an hour in any cemetery or in traversing or going around curves or traverslng a grade upon a street when the driver's view ls obstructed within a distance of one hundred (100) feet along such highway in the direction in which he is proceeding. (5) Twenty~five (25) miles an hour under all other condltions. It shall be nrima. facie unlawful for any person to exceed any of the foregoing speed limitatlons. 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 ti~e and place of such alleged vlolation. (6) No driver of a Motor Vehicle shall operate same at a speed less than fifteen (15) miles an hour on any arterial highway. (See Section 56). Section 38 Re.ilraod Warning Sip;nals to be Obeyed 'Nhenever any person driving a vehicle approaches a highway and railway crossing and a clearly visible and posit:tve signal gives warning of the immediate approach of a rail... way traln or car, it shall be unlawful for the\~river of the vehicle to fail to bring the \ vehlcle to a complete stop before traversing such grade crossing.. Section 39 Vehicles Must Stop at Certain Grade Crossings Whenever the City J'i1anager has designated any particularly dangerous grade cros&ings of steam or interurban ra.ilways by streets or highwa7Fs and h.as erected or caused to be erected slgns thereat notifying drivers of vehicles upon any such street or hi~hway to come to a complete stop before crossing such ratlway tracl{s, :1 t shall be unlawful for the driver of any vehicle to fail to stop within fifty (50) feet, but not less than ten (10) feet from such railway tracks before traversing any c:uch cros sing. Section 40 Certain Vehicles Must Stop At All Hallway Grade Crossings 'l'he operator of anY:110tor bus carrying passengers for hire, and the operator of any school bus carrying any school child, and the operator of any motor truck carrying explo- sive substances or explosive liquids of any specific gravity as a carGo or part of a cargo and the operator of any vehicle of the tractor or caterpillar type, other than a t~lck tractor, shall, before crossing at grade any track or tracks of a steam or lnterurban electric railway, bring such vehicle to a stop not less than ten (10) f'eet or more than fifty (50) feet fpom the nearest rail of such track, and, while stopped, shall both look and listen in both directions along such track for apnroaching steam or interurban elec... tric trains or cars before traversing such crossings. Ordinance No. 672 I I I ....,~ ., I I I 57 TIle provisions of this s~ction shall not be deemed to apply at the crossing of a street or highway other than interurban electric railway tracks or at intersections con- trolled by traffic control signals or police officers. Section 41 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 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 pas- sing another vehicle, subject to the limitations apnlicable by law in overtaking and passing. The foregoing provisions of this section shall not be deemed to prevent the marking of lanes for traffic upon any street and the allocation of designated lanes to trafflc moving in a particular dlrection or at designated speeds. Section 42 Keep to the Right in Crossing Intersections Or Railroads In crossing an intersection of streets or the intersection of a street by a railroad right-of-way, except upon a one-way street, the oper",tor of a vehicle shall at all times cause such vehicle to travel on the right half of the street, unless such ri~ht half is obstructed or impassable. Section 43 Meeting of Vehicles Operators of vehicles proceeding in opposite dlrections shall pass each other to the rir~t, each giving to the other at least one-half of the main traveled p~tion of the road- way as nearly as possible. Section 44 Overtaking and Passing a Vehicle The operator of a vehicle overtaking another vehicle proceeding in the same dlrection, 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. \ Section 45 Limi tations On Privilege of Overtakj.ng and Passing (a) The operator of a vehicle shall not drive to the left side of the center line of a street in overtal{ing and passing another vehicle proceeding in the same direction unless Sltch left side is clearly visib~e and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. The fore- going provislon of this section shall not apply upon one-way streets or llpon streets laned for traffic, in which latter event vehicles traveling in lanes shall move in the direction permitted in such lanes. (b) The operator of a vehicle shall not overtake and pass another vehicle proceed- ing in the same direction at any steam or electric railroad grade crossing, nor at any intersection of streets. Section 46 Operator to Give Way to Overtaking Vehicles The operator of a vehicle upon a street about to be overtaken and passed by another vehicle approaching from the rear shall give way to the ri[;ht in favor of the overtill{ing Ordinance No. 672 58 vehicle on suitable and audible signal being given by the driver of the overtaking ve- hble, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Section 47 Following Too Closely The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traf- fic upon and condition of the street. Section 48 , Turning At Intersections (a) Right Turns. The oDerator of a vehicle intending to turn to the right at an intersectlon or into an alley or d1~veway shall approach the point of turning in the trafflc land nearest the right hand edge or curb of the street, and, in turning, shall keep as close as practicable to the right hand curb or edge of the street. (b) Turning Left. The operator of a vehicle intending to turn to the left at an intersection or into a driveway shall approach the point of turning in the lane for traf- fic to the right of and next to the center of the roadway, and, unless otherwise directed by "turnlng markers" the operator of a vehicle, in turning left at an intersection, shall extend his arm horizontally so as to be plainly visible to any vel1icle following, and shall conform to the provisions of the state law. (c) Turning Markers. The Cl ty M:anager 18 hereby authorized to place turning markers withln or at the entrances to intersections, directing that traffic turning left shall follow a line of travel other than as directed ln subdivision (b) of this section. ~fhen- ever turning markers have been placed as hereln provided, traffic turning left shall follow the line as directed by such markers. Section 49 Limitations on Turning Around It shall be unlawful for the operator of any vehicle to ~trn such vehicle at any point except at intersections so as to proceed in the opposite direction unless such move- ment can be made ln safety and without backing or otherwise interfering with other traffic. But such turns shall be unlawful at all times at the intersections of Bozeman Avenue, Blaclr Avenue, Tracy Avenue, Willson Avenue, Grand Avenue, Third Avenue and Fourth Avenue (projected) with Main Street. v Section 50 Emerging From Alley Or Private Driveway The operator of a vehicle emerging from an alley, drlveway or building shall make a complete stop prior to drlving onto a sidewalk or onto the sidewalk area extending across any alleyway, and sound a warning signal before proceeding. Sectlon 51 Vehicles Shall Not be Driven On Sidewalk The operator of a vehicle shall not drive within any sidewalk area except at a per- manent or temporary drive way. Ordinance No. 672 I I I I Section 52 Operation of Vehicles On Approach of Authorized Emergency Vehicles Upon the approach of any authorized emergency vehicle or vehicles, giving audible signal by bell, siren, or exhaust whistle, the operator of every othsr vehicle shall immediately drive the same to a position as near as possible and parallel to the right~ hand edge or curb of the street, clear of an intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, un~ 59 less otherwise directed by a police officer. Section 53 Following Fire Apparatus Prohlbited It shall be unlawful for the operator 6fany vehicle, other than one on offlcial business, to follow closer than a city block, any fire apparatus traveling in response to a fire alarm, or to drive into or stop any vehicle within the block where fire ap- ~ paratus has stopped in answer to a fire alarm. Section 54 Signals on Starting, Stopping Or Turnlng (a) The operator of any vehicle upon a highway before starting, stoppin~, turning from a direct line, or moving out from a parking place shall first see that such move- ment can be made in safety, and if any pedestrian may be affected by such movement, shall give a clearly audible signal by soundlng the Ilorn, and, whenever the operatlon of any other vehicle may be affected by such movement, shall give a signal as required I in this section plainly visible to the driver of such other vehicle of the intention to make such movement. (b) The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal devlce, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be given by a device of a type Wllich has been approved by the City Manager; and when any vehicle is so constructed or loaded that hand or arm signal plalnly visible to the next i~nediately following vehicle cannot be given, it shall be unlawful to operate such vehicle upon the streets of the City of Bozeman wlthout the approved signaling device as herein provided. Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop or turn by extending the hand and arm horizontally from and beyond the left side of the vehicle. Section 55 v Right of Way (a) The operator of a vehicle approaching an intersection shall yield the right- I of-way to a vehicle which has entered the intersectlon. Vfuen ~o vehicles enter an intersection at the same time, the operator of the vehicle on the left shall yield the right~of-way to the vehicle on the right. Vehicle B, which has not entered the inter- section must yield to Vehicle A which has entered. Figure I Ordinance No. 672 60 Figure II Vehicle B, which has not entered the lntersection, must yield to Vehicle A which has entered. Figure III Of the two vehicles entering the intersection at the same time, Vehicle B (on the left) must yield to Vehicle A (on the right). Figure IV Vehicles Band C on Arterial Highway must yield to A which has entered the inter- section after stopping. (b) The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction may maIm such .left turn only after giving a signal as required by law, and after affording a reason- able opportunity to the operator of such other vehicle to avoid a collision. Section 56 Exceptions to Right-of-Way Rule (A) The operator of a vehicle entering a public street from a private drivewa~ or road shall yield the right-of way to all vehicles approaching upon such street. (b) rrhe operator of a vehicle on a street shall yield the right-of'-way to authorized emergency vehicles when the latter are operated upon officia~usiness and the operators thereof sound audible signal by bell, slren or exhaust whistle. This provision shall not relieve the operator of any authorized emergency vehicle from the duty to drive Witil due regard for the safety of all persons using the street, nor shall it protect the op- erator of any such vehicle from the consequences of an arbitrary exercise of such right- of-way. Section 57 Stop Before Entering An Arterial Highway (a) 'Jlhe following streets are hereby declared to constitute arterial hlghways for the purpose of this Ordinance: Main Street, between Buttonwood and Eighth Avernle North Wallace Avenue from llIain Street to the north line of Peach Street Eighth Avenue, between Main Street and Cleveland Street Seventh Avenue North, between Main Street and Durston Road \' ~ Ordinance No. 672 I I I I I I 6J v Cleveland Street West, between Willson Avenue and Eighth Avenue Willson Avenue South, between Main Street and Cleveland Street (b)Every Operator of a vehicle or other conveyance traveling upon any street within the City of Bozeman intersecting the above designated Streets and Avenues shall bring such behicle or conveyance to a full and complete stop at the place where such street meets fue prolongation of the nearest property lines of such arterial hlghway, subject however, to the direction of any traffic officer or sign of any police officer at such intersection. (c) The operator of any vehlcle who has come to a full stop as required above, upon entering any arterial highway, as well as operators of vehicles on any arterlal highway, shall be subject to the usual right of way rules prescribed by law and applicable to vehicles at intersections (See Sec. No. 55). (See Figs. I, II, III, Iv). (d) The City Manager is hereby authorized and required to nlace and maintain, or cause to be placed and maintained, on each and every street intersecting any arterial hlghway deslgnated above, and at or near the property li;'e of every arterial highway, appropriate signs upon the street; auch signs, devices or malrrs to bear the word Its'roptl and to be located in such position and to be provided with letters of a size to be clear- ly read and legible from a distance of at least one hundred (100) feet along the street intersecting the arterial highway. Section 58 Duty to Stop In Event of Accident The driver of any vehicle involved in an accident resultinc in injury or death to any person or damage to property shall immediately stop such vehicle at the scene of the accident, and shall give his name and address and registration number of his vehicle to the person struck or to the driver or accupants of any vehicle collided with, and shall render to any person injured in such accident, reasonable assistance, including the carry- ing of such person to a physlcian or surgeon or hospital for medical or surr,ical treatment, if it is apparent that such treatment is necessary or is requested by the injured person. Every person convicted under this section unon a charge of failure to stop after an accldent resulting in injury or death of any person shall be punlshed by imprisonment in the city jail for not less than ten (10) days nor more than ninety (90) days, or by a fine of not less than Ten ($10.00) DOllars, nor more than Three Hundred ($300.00) Dollars, or by both such fjne and imprisonment. Any person convicted under this section upon a charge of failure tO$OP after an accident resultinG in damage to 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 Pifty ($50.00) Dollars,_ or by both such fine and imnrisonment. Section 59 Duty to Report Accidents (a) The operator of any vehicle involved in an accident resulting in injuries or death to any person, or property damage, shall, within twenty four (24) hours make a renort of such accident to the police headquarters in this city. (b) The police department shall tabulate and analyze such reports and publish an- nually or at more frequent intervals statistical information based thereon as to the number, cause and location of street traffic accidents. Ordinance No. 672 62 Section 60 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 sllall be displayed at the end of such load in such a po- sition 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, except that between one hour after sunset and one hour before sunrise, there shall be displayed at the end of such bad, a red light, visible under normal atmospheric conditions at least two' hundred (200) feet from the rear of such vehicle. Section 61 Horns and Warning Devices (a) Every motor vehicle, when operated upon a street, shall be equipped wlth a horn in good working order, capable of emitting sound audible under normal conditions from a dis- tance of two hundred (200) feet or more, and it~hall be unlawf111, except as otherwise .... provided in this section, for any vehicle to be equipped with, or for any person to use upon a vehicle, any siren, bell, or any compression or spark-pllzg whistle which produces an offensive sound, or for any person at any time to use a horn otherwise than as a reason- able warning, or to make any unnecessary or unreasonably continued loud or offensive sound by means of a horn or other warning device. (b) Every authorized emerCency vehicle shall be equlpped with a bell, siren or ex- haust whistle of a type approved by the City Manager. Section 62 Prevention of Noise, Smoke, Etc.; r,1uffler Cut-Outs Regulated (a) No person shall drive a motor vehicle on a street unless such motor vehicle is equipped witb. a muffler in good working order and ln constant operation to prevent exces- sive or unusual noise and annoying smoke. (b) It shall be unlawful to use a "muffler cut. out" on any motor vehicle on a street. (c) No vehicle shall be driven or moved on any street unless such vehicle is SJ construc- ted or loaded as to prevent its contents from dropping, sifting, leaking or otherwise ex- caping therefrom. Section 63 Red Or Green Lights in Front of Vehicle Prohibited I t shall be unlawful for any person to drl ve or move any verlicle upon a highway wi th any red or green light thereon visible from directly in front thereof. This section shall not apply to polj.ce 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. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 64 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 Ordinance No. 672 1 I .1 I I I 63 wheels of such vehicle to the curb or the side of the street or highway. Section 65 Use of Coasters, Roller Skates and Similar Devices Restricted It shall be unlawful for any person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except whlle cros- sing a street on a crosswalk. Section 66~ Clinging to Moving Vehicles It shall be unlawful fo.r any person traveling upon any blcycle, motorcycle, coaster, sled, roller skates, or any toy vehicle to cling to or attach himself or his vehicle to any other moving vehicle upon any roadway. Section 67 Unlawful to Drive Through Processions Unless Directed by Traffic Control Signals Or by a Police Officer It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral or other authorized procession whlle they are in motion, provided that said vehicles are conspicuously designated. This provision shall not apply at intersections where "traffic is controlled by traffic control slgnals or police officers. Section 68 Limitations on Backing The operator of a vehicle shall not back the same unless such movement can be made ln safety, and then for not more than thirty (30) feet, after he has given the proper signal by horn. The operator of any vehicle backing the same against the current of traffic shall be responslble for any accident in which he may be involved. Section' 69 Obstruction to Operator's View Or 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 control over the driving mechanism of the vehicle. (b) It shall be unlawful for any passenger in a vehicle to ride in such a position as to interfere with the operator's view ahead, or to the sides, or to interfere with the operator's control over the drlving mechanism of the vehicle. Section 70 Crossing Fire Hose No vehicle shall be driven over any unprotected hose of the Fire Department 'Nhen laid down on any street, or private driveway to be used'at any fire or alarm of fire, without the consent of the Fire Department d'fficial in command. Section 71 Riding On Handle Bars Prohibited It shall be unlawful for the operator of any b:tcycle or motorcycle, when upon the street, to carry any other person upon the handle bar, frame or tank of any such vehicle, or for any person to so ride upon any such vehicle. Ordinance No. 672 64 Section 72 Brakes Every motor vehicle, when operated upon a street in the City of Bozeman shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehlcle, includin~ two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two, except that a motor cylce need be equlpped wi th only one brake. All such bral{es shall be maintained in good working order and shall conform to regulations not inconsistent wlth this section to be pro- mulgated by the City Manager. Section 73 Required Lighting Equipment of Vehicles ... (a) When vehicles must be equipped. Every vehicle upon a street in this City durlng the period from one hour after sunset to one hour before sunrise and at any other time when there is not sufficient light to render clearly dlscernable any person on the street at a distance of two hundred (200) feet ahead shall be equipped with lighted front and rear lamns, as in this sectlon respectively required for different classes of vehicles. (b) Head Lamps on motor vehicles. Every Motor vehicle, other than a motorcycle, road roller, road machinery or farm tractor, shall be equipped with two head lamps, no more or no less, at the front of and on opposite sides of the motor vehicle, which head lamps shall comply with the requirements and Ilmitations set forth in section 75 of this Ordinance. (c) Head lamps on motorcycles. Every motorcycle shall be equipped with at least one and not more th~m two head lamps, which shall comply with the requirements and lim- itations set forth in section 75 of this Ordinance. (d) Rear lamps. Every motor vehicle and every trailer or semi,"trailer shall carry at the reQr, a lamp of a type which has been approved by the City Manager, and which ex- hibits a red light plainly visible under,normal atmospheric conditions from a distance of flve hundred (500) feet to the rear of such vehicle and so constructed and placed that the number plate carried on the rear of such vehicle shall under like conditions be so illumintaed by a white light as to be read from a distance of fifty (50) feet to the rear of such vehicles. (e) Clearance lamps. Every motor vehicle shall carry clearance llghts in conformance with state law, and rules and regulations of the motor patrol board. (f) Lamps on bicycles. Every bicycle shall be equipped wlth a lighted lamp on the front thereof, visible under normal atmospheric conditions from a distance of at least three hundred (300) feet in front of such bicycle, and shall also be equipped with a re- flex mirror or lamp in the rear, exhlbiting a red light, visible under like conditions from a distance of at least two hundred (200) feet to the rear of such bicycle. (g) Lights on other vehicles. All vehicles, including horse-drawn vehicles, not heretofore in this sectlon required to be equipped with specified lighted lamps shall carry one Gr more carry en.e 9J:" JJ.1QP8 lighted lamps or lantersn displaying a white light, visible under normal atmospheric conditions from a distance of not less than five huri- dred (500) feet to the front of such vehicle, and displayine; a red light, visible under li]{e conditions from a distance of not less than five hundred (500) feet, to the,rear of Ordinance No. 672 I I I I I I 65 such vehicle. Section 74 Additional Permlssible Lir:c,hts On Vehicles (a) Spot lamps. Any motor vehicle may be equipped with not to exceed two spot lamns, except that a motorcycle shall not be equipped with more than one spot lamp, and every 11Th ted spot lamp shall be so aimed and used upon approaching n.nother vehicle that no part of the beam will be directed to the left of the center of the street nor more than one hundred (100) feet ahead of the vehicle. (b) Auxiliary drlvin,g; lamps. Any motor vehlcle may be equipped with not to exceed two auxiliary lamps, mounted on the front at a heieht of not less than twenty-four (24) inches above the level surface on which the behicle st8.nds, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in section 75 of this Ordinance. (c) Signal lamps. Whenever a motor vehlcle is equipped with a signal lamp to com ply with the provisions of this Ordinance, the signal lamp shall be so constructed and so located on the vehicle as to give a signal which shall be plainly vislble in normal sun- light f~om a distance of one hundred (100) feet to the rear of the vehicle, but shall not pro.iect a glarinG or dazzling light and shall be of the type approved by the City Manager. (d). Restrictions on lamps. Any device, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than twenty-five (25) candle-power, shall be so directed that no part of the bearn will strike the level surface on which the behicle stands at a distance of more than fifty (50) feet from the vehicle. Section 75 Requirements as to Headli8hts and Auxiliary Driving Lamps (a) The head lamps of motor vehicles shall be so constructed, arranged and adjusted that, except as provided in subsection "Cl~ of this sectlon, they will at all times mentioned in section 73 of this Ordinance, and under normal atmospherlc conditions, and on a level road, produce a driving light sufficient to render clearly discernable a person two hundred (200) feet ahead, but shall not project a glaring or dazzling light to persons V in front of such1lamp. (b) Head lamps shall be deemed to comply with the foregoing provisions prohibiting glaring and dazzling llghts if none of the main bright portion of the headlights' beam rise above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands and in no case higher than forty (40) inches, seventy-five (75) feet ahead of the vehicle. (c) Whenever a motor vehicle is belng operated upon a street or a Dortion thereof whlch is sufficiently lighted to reveal a person upon the street a distance of two hun- dred (200) feet ahead of the vehicle, it shall be required to dim the heau lamps or to tilt the beam downward, or, to substitute therefor the light from the suxilinry drlving lamp, or, nair of such lamps, subject to the restrictions as to tilted beams and auxili- ary driving. lamps set fortl1 in this subsection. Whenever a motor vehicle meets another vehicle on any street it shall be required to tilt the beams of the head lamps downward Ordinance No. 672 66 or to substitute therefor the light from an auxiliary driving lamp or pair of such lamps, subject to the requirements that the tilted head lamps or auxiliary lamp or lamps shall give sufficient illumination under normal atmospheric conditions and on a level road to ren- der clearly discernable a person seventy-five (75) feet ahead, but shall not oroalect ~/ I glaring or da7z1ing light to persons in front of the vehicle, provided at all times"re- quired in section 73 at least two lights shall be displ~yed on the front of and on oppo- site sides of every motor vehicle other than a moforcycle, road roller, road machinery Sectlon 76 I or farm tractor. State License Plates The owner of a motor vehicle shall register such vehicle with the Motor Vehicle De- partment of the State of Montana, and shall further comply with all provisions of the Motor Vehicle Registration Act. The owner shall display in a conspicuous place on such registered vehicle, the proper license plates, which must be legible at all times for a distance of one hundred (100) feet. Section 77 Driving By Certa:1n Persons Unlawful It shall be unlawful for any person to operate an~ motor vehicle on the streets of the City of Bozeman without all licenses or permits now or hereafter required by law. It shall be unlawful for any person under the age of 14 years to operate any motor vehicle upon the streets of the City of Bozeman, and the owner of the vehicle so operated by such unauthor'. ized person shall be held responsible for such unauthorized operation. It shall be unlaw ful for any person learning to drive a m~tor vehlcle to operate the same on any arterial street of the City of Bozeman. It shall be the duty of the police officers of the City I of Bozeman to arrest any person violating the provisions of this section and take possession of the vehicle so unlawfully~erated until satisfactlon of any penalty imposed for such vIolation. S'ection 78 Licensing and Bonding of Taxicab and Bus Owners It shall be unlawful for any person, firm or corporation to operate any taxicab, bus or other vehicle for hire for the purpose of carrylng passengers within the City of Bozeman without first obtaining 8. license for such operation issued by the Director of Finance, in accordance with the Drovisions of this section. Any person, firm or corporation desirlng to obtain such license shall file a written application trlerefor with the Director of Finance, setting forth the name of the person, firm or corporation to whom the license is to be issued, the name of the manufacturer of the vehicle to be operated thereunder, the motor number, serial number, and model, letter or number of the vehicle and state motor license number. Such applicant shall file with the Director of Finance of Bozeman an indemnity bond I by an indemnity insurance company authorized to do business under the laws of the State of Montana, for a period of time for Wllich the license is requested, pro~iding for the pay- ment of indemnity to passengers up to $5,000.00 in the event of the death or injury of one passenger, and up to ;~lO,OOO.OO in the event of the death or injury to more than one passenger, while riding in, boardl.ng or alir!,htinr; from the vehicle for which the license is requested. PROVIDED, that in li~~ of the foregoing bond sald applicant may flle evidence, Ordinance No. 672 I I I 67 satisfactory to the Director of Finance, that he has filed with the Montana Railroad Com- mission and has had accepted by it a bond or bonds providing for the payment of indemn- ity to passengers, (in case of lnjury or death), of amounts equal to or greater than are hereinbefore specified. When such applications have the approval of the Ci ty T/1anar;er certified thereon, the Director of :~inance shall, upon receipt of the fee herein provided, lssue a license to such applicant, covering the opera.11.on,.'of the vehicle for which the license is issued. A separate license shall be issued for each vehicle operated under the provisions of thls Ordinance, and the charge for each such license shall be $15.00 per year (for the first vehicle and $10.00 per year for each additional vehicle, (See Ordinance No. 637). All licenses hereunder expire on December 31st of the year of issuance. In case licenses are issued for a period less than one year, the charge therefor shall be that portion of $15.00 which the period for which the license is j.ssued bears to one year, provided that no license shall be issued for less than three (3) months, and the minirnlm fee in any case shall not be less than $5.00. The Gommlssion may cancel any license issued for the operation of any vehicle for hire upon second convictlon of the holder of such license for violations of the provisions of, this Ordinance or of the State Motor Vehicle Law. No provision of thls sectlon shall apply to railroad trains. Section 79 Size of Vehicle and Loads (a) No vehicle shall exceed a total outside width, including any load thereon, of ei~ht (8) feet, except that the width of a farm tractor, or of loads of hay or straw, shall not ex.ceed twelve (12) feet, and except further that the limitations as to size of ve- hicles stated in this section shall not apply to implements of husbandry temporarily propelled or moved upon the nublic highway or to road machinery engaged in the construc- tion or maintenance of streets or highways. (b) No vehicle unladen or with load shall exceed a height of fourteen (14) feet slx (6) inches. (c) No vehicle shall exceed a length of thirty-three (33) feet. (d) No vehicle shall carry any load extending more than three (3) feet beyond the front thereof. (e) No passenger vehicle shall carry any load extending beyond the line of the fenders on the left side of such vehicle, nor extendin~ more than (6) inches beyond the line of the fenders on the right side thereof. Section 80 Trailers and Towed Vehicles (a) No motor shall be driven upon any street ,drawing or having attached thereto more than one other vehicle. (b) The draw bar or other connection between any two (2) vehicles, one of which is towing or drawlng the other on a street, shall not exceed fifteen (15) feet in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable, there shall be displayed upon such connection a red fla~ or other signal or cloth not less than twelve (12) inches square. Ordinance No. 672 68 (c) The total length of any combination of vehicles shall in no case exceed sixty (60) feet; provided, however, that the Highway Commission and local authorities in their respective jurisdictions may further limit the length of trailers on streets where cur- vature WOllld make the use of lonr, trailers dangerous to mther traffic using the streets. Section 81 Heavy Duty Trucks and Tractors (a) It shall be unlawful to operate upon any of the paved streets in the City of Bozeman, any vehicle with metal or solid rubber tires w1th a gross weight, lncluding load, of more than ten thousand (10,000) pounds, or wlth a gross weight of more than six hun- dred twenty-five (625) pounds per inch of width of tire. It shall be unlawful to operate any caterpillar, truck, or tractor, with a weight of more than two hundred (200) pOllnds pj'e square lnch of tread, upon any paved street./ / (b) It shall be unlawful to operate any vehlcle with lugs upon the wheels, (other than regular tire chains,) upon any paved street in Bozeman; provided that under the snpervision of the City Engineer acrossing over or along paved streets may be made by such vehicles upon planks of approved strength. Section 82 Weight of Vehlcles and Loads It shall be unlawful to operate, or cause to be operated, upon any of the streets, avenues, or alleys in the City of Bozeman, any truck or trailer having a greater load per inch of width of tire than that shown in the following schedule, except that pne1.unatic tires shall be allowed a maximum load corresponding to a tire width one inch greater than the diameter of the tire. Loads per inch width of solid rubber tires, measured between the flanges: 3 inches or less . . . . . . . 400 pounds. 4 inches or less . . . . . . . . . 500 pounds 5 inches or less . . . . . . . . . 600 pounds 6 inches or less . . . 700 pounds 7 lnches or less . . . . . . . 750 pounds ! inches or over . . . . . 800 pounds Section 83 Washing of Cars It shall be unlawful for any person to wash any car upon any of the streets of Bozeman. ARTICLE IX PENALTIES AND PROCEDURE ON ARREST Section 84 Penalties Any person violating any of the provisions of this Ordinance, or any rule or reg- ulation made by the City Manager pursuant thereto, shall, unless otherwise speciflcally designated in this Ordinance, upon conviction thereof, be punished by a flne not exceedlng One Hundred ($100) Dollars, or by imprisonment in the clty jail not exceeding thirty (30) days, or by both such" fine and imprisonment. Section 85 Fine Or Imprisonment A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied in the proportion of one day's imprisonment for each Two ($2.00) Dollars of the fine. Ordinance No. 672 I I I I I I 69 ' Section 86 Procedure Upon Arrest Any person, except a minor under 18 years of ape, arrested for violation of this Or~' dinance shall be dealt with in accordance w:1.th 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 dealt with as provided in the laws of the State of Montana relating to juvenile delinquency. Section 87 Disposition of Fines and Forfeitures All fines or forfeitures collected upon conviction or unon forfeiture of bail of any person charged with a violation of any of the provisions of this Ordinance, shall be paid to the Director of Finance and shall be credited to the several funds as by Ordinances provided. Section 88 Repeal Ordinance No. 576 and Ordinance No. 610 of the City of Bozeman and all ordinances and parts of ordinances in confllct herewith are hereby repealed. This Ordinance shall be in full force and effect upon the expiration of thirty (30) days from its passage. Introduced, read and passed for the first time by the Commission of the City of Bozeman at a regular session of the Commission, held on the 24th day of April, 1936. Read for final passage and passed by the Commission of the City of Bozeman at a reglJlar session of the Corrnnission held on the 8th day of May, 1936. .#~~, Ma~ ATTEST: cle11:~n Published in the Bozeman Daily Chronlcle the 12th day of May, 1936. Effective date the 7th day of June, 1936. I hereby certify that the above and foregoing Ordinance was regularly introduced, read and passed for the first time by the Commission of the City of Bozeman at a regular session of the Commission held on the 24th day of April, 1936. That lt was read and passed by the Corrnnission of the City of Bozeman and was signed by the Mayor at a regular session of the Commlssion held May 8th, 1936. That the foregoinG is a true and complete copy of Ordinance No. 672 as passed by the Commission of the Ci ty of Bozeman "and the. t the effec ti ve date of said Ordinance is June 7th, ~936 at 8:00 0' clock P. Jil. In witness whereof, I have hereunto set my hand and affixed the corporate seal of the City of Bozeman this 20th day of May, 1936. /- ~ % ~2'-' ~'. Clerk of the Commission Ordinance No. 672 70 I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, hereby certify that the foregoing Ordinance No. 672 was published bv title itl the Bozeman Daily Chronicle, a daily newspaper of general circulation, printed and published in said City of Bozeman, in the issue of May: 12th, 1936 and that due proof of said pub- lication was made and filed in my offlce. IN WITNESS WHEREOF; I hereunto set my hand and affix the seal of my offlce this 20th day of May, 1936. ~~- ..lerl{ of the Comm:ts s ion Ordinance no. 672 I I I