Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010 Placing of Signs and Issuing Orders–Authority of Chief of Police
10.04.020 Traffic Control Devices–Council Action–Compliance
10.04.030 Arterial Streets–Designated
10.04.070 Emergency Equipment for Medical Personnel
10.04.010 Placing of Signs and Issuing Orders–Authority of Chief of Police
The chief of police of the city, except as otherwise directed by this chapter and except as otherwise directed by the council, shall have the following power and is authorized:
A. To regulate the operation and parking of vehicles within the corporate limits of the city by the erection or placing of proper signs or markers indicating prohibited or limited parking, restricted speed areas, one-way streets, play streets, through or arterial streets, "U" turns, school zones, hospital zones, loading or unloading zones, quiet zones and other signs, markers and official traffic-control devices indicating the place or manner of operating or parking vehicles within the city;
B. To regulate the movement of pedestrians upon the streets and sidewalks of the city by the erection or placing of proper signs or markers indicating the flow of pedestrian traffic;
C. To designate bus stops and taxicab stands and to erect signs prohibiting the parking of vehicles other than buses and taxicabs at their respective stops and stands;
D. To regulate the parking of commercial trucks and trailers;
E. To designate truck routes and to regulate the parking of vehicles of various sizes and weights;
F. To mark off traffic lanes on streets and parts of streets indicating and directing the flow of traffic, when, in the judgment of the chief of police, such action is necessary;
G. To secure all necessary signs, markers or official traffic-control devices to be erected or placed on any street or part of a street when such action is deemed necessary. (Prior code § 22-2)
10.04.020 Traffic Control Devices–Council Action–Compliance
A. The existence of signs, markers or official traffic-control devices authorized in Section 10.04.010 at any place within the city shall be prima facie evidence that such signs, markers or official traffic-control devices where erected or placed by and at the direction of the chief of police and in accordance with the provisions of this section.
B. All of the orders issued by the chief of police pursuant to such section shall be in writing and filed with the city clerk. The city clerk shall report all such orders filed with him to the council at its next regular meeting. The council shall have the right to rescind any such order made by the chief of police.
C. Any person failing or refusing to comply with the directions indicated on any sign or marker, or with any official traffic-control device, erected or placed in accordance with the provisions of such section when so placed or erected, shall be guilty of a misdemeanor. (Prior code § 22-3)
10.04.030 Arterial Streets–Designated
The following described streets of the city are designated and declared to be arterial streets:
West U.S. 66 within the city limit;
East U.S. 66 within the city limit;
2nd Street;
3rd Street;
Central Street;
Airport Drive;
Old Clear Creek Road from Virginia Avenue to Cottonwood Avenue (southside);
Virginia Avenue from U.S. 87 to Washington Street;
U.S. 87 within the city limit;
Navajo Drive from Papago Boulevard to west U.S. 66;
Papago Boulevard;
Fleming Street from west U.S. 66 to Hicks Avenue;
Aspinwall Street from Fleming Street to Pope Avenue;
Fourth Street from Hicks Avenue to Colorado Avenue;
Maple Street from Fleming Street to east city limit;
Cherry Street from Fleming Street to Pope Avenue extension;
Hale Street;
Mahoney Street from City Cemetery to Apache Avenue;
Hillview Street from City Cemetery to Apache Avenue;
Gorman Avenue from 2nd Street to 3rd Street;
Francis Avenue from 2nd Street to 3rd Street;
Edwin Avenue from 2nd Street to 3rd Street;
Dent Avenue from 2nd Street to 3rd Street;
Charlton Avenue from 2nd Street to 3rd Street;
Berton Avenue from 2nd Street to 3rd Street;
Campbell Avenue from 2nd Street to 3rd Street;
Snider Avenue from 2nd Street to 3rd Street;
Donnelley Avenue from 2nd Street to 3rd Street;
Taylor Avenue from 2nd Street to 3rd Street;
Parker Avenue from 2nd Street to 3rd Street;
Leonard Avenue from 2nd Street to 3rd Street;
Alder Avenue from 2nd Street to 3rd Street;
Alfred Avenue from 2nd Street to south line of section 13, township 19 north, range 15 east;
Prairie Avenue from 2nd Street to south line of section 13, township 19 north, range 15 east;
Hicks Avenue from 2nd Street to Henderson Street;
Berry Avenue from 2nd Street to North Park Drive;
North Park Drive from Berry Avenue to north city limit;
Winslow Avenue from 2nd Street to Lee Street;
Warren Avenue from 2nd Street to Lee Street;
Kinsley Avenue from 1st Street to Lee Street;
Williamson Avenue from 1st Street to Lee Street;
Apache Avenue from 2nd Street to Lee Street;
Colorado Avenue from 2nd Street to Hale Street;
Pope Avenue from 2nd Street to Cherry Street extension;
Cottonwood Avenue from 2nd Street to Maple Street;
Elm Street from Fleming Street to Apache Avenue;
Oak Street from Douglas Avenue to Pope Avenue;
Jefferson Street from Virginia Avenue to James Avenue;
Gilmore Street from Berton Avenue to Apache Avenue;
Old Route 66 from drive-in theatre to existing U.S. Route 66;
Sunset Road from Oak Road to one mile north of Oak Road;
Yuma Drive from Papago Boulevard to Mohave Drive;
Mohave Drive from Cochise Drive to Yuma Drive;
Wilson Avenue from Fleming Street to Gilmore Street;
Douglas Avenue from Fourth Street to Fleming Street;
Berry Avenue from Cherry Street to Mulberry Street;
Mulberry Street from Berry Avenue to Colorado Avenue;
Taylor Avenue from Cottonwood Avenue to Maple Street;
Parker Avenue and Future Parker Avenue from Taylor Avenue to Third Street;
Leonard Avenue and Future Leonard Avenue from Taylor Avenue to Third Street;
Adams Street from Virginia Avenue to James Avenue;
Roberts Avenue from Washington Street to Madison Street;
Flickinger Avenue from Washington Street to Madison Street. (Prior code § 22-4)
10.04.040 Official City Map
Reference is made to an official city map on file in the office of the city clerk on which map the arterial streets have been designated and marked. (Prior code § 22-5)
10.04.050 Cutting Corners
It is unlawful for the operator of a vehicle to drive such vehicle across any filling station driveway or other private property or any public property, or otherwise cause the vehicle to leave the roadway, so as to avoid or circumvent the instructions, directions or effect of an official traffic-control device or marking or a traffic officer. (Prior code § 22-6)
10.04.060 Bicycles
1. Bicycle Defined. "Bicycle" means every vehicle propelled solely by human power upon which any person may ride having two or more wheels. This term does not include tricycles with a front wheel diameter of sixteen (16) inches or less.
2. Driver Defined. "Driver" means every person, over seven years of age, who drives or is in actual physical control of a bicycle.
3. Negligence of Children. A violation of any provision of this act by a child under the age of fourteen (14) years shall not constitute negligence per se although a violation may be considered as evidence of negligence.
4. Immediate Notice of Accident. The driver of a bicycle involved in an accident resulting in injury to or death of any person shall immediately, by the quickest means of communication, give notice of such accident to the nearest office of a duly authorized police authority. Violation of this provision shall be classified as a Class 2 misdemeanor under Arizona law.
5. Applicable Areas of Use. This section relating to bicycle use is applicable to all areas in the city including, but not limited to, public and private roadways, parks, and bike paths.
6. Drivers to Exercise Due Care. Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall, including the driver of a bicycle, exercise due care to avoid colliding with any pedestrian or any person propelling a bicycle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
7. Pedestrian’s Right-of-Way on Sidewalks. Bicycle drivers crossing a sidewalk or entering an intersection shall yield the right-of-way to any pedestrian on the sidewalk or crossing the intersection in a marked crosswalk.
8. Driving Upon Sidewalk. No bicycle shall be operated on any sidewalk in the city, other than a duly designated bicycle path.
9. Traffic Laws Apply to Persons on Bicycles and Other Human-Powered Vehicles. Every person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle, except as to special regulations in this chapter or other provisions which by their nature can have no application hereto.
10. Riding on Bicycles. No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his person in a back pack or sling.
11. Clinging to Vehicles.
a. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
b. This subsection shall not prohibit attaching a bicycle trailer or semitrailer to a bicycle if that trailer or semitrailer has been designed for such attachment.
12. Position on Roadway.
a. Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
i. When overtaking and passing another bicycle or vehicle proceeding in the same direction;
ii. When preparing for a left turn at an intersection or into a private road or roadway;
iii. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" is a lane that is too narrow for a vehicle and a bicycle to travel safely side by side within the lane.
b. Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.
13. Riding Two Abreast and Use of Bicycle Paths.
a. Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
b. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.
14. Carrying Articles. No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.
15. Bicycle Parking.
a. A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device.
b. A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
c. A bicycle may be parked on the roadway at any angle to the curb or edge of the roadway at any location where parking is allowed.
d. A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.
e. A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.
16. Front Reflector Required at All Times. Every bicycle shall be equipped with a front reflector of a type which shall be visible for six hundred (600) feet to the front when directly in front of lawful lower beams of head lamps on a motor vehicle.
17. Rear Reflector Required at All Times. Every bicycle shall be equipped with a red reflector of a type which shall be visible for six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
18. Side Reflector of Light Required at Night. Every bicycle, when in use after six p.m. and prior to seven a.m., shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet when directly in front of lawful lower beams of head lamps on a motor vehicle or in lieu of such reflective material with a lighted lamp visible from both sides from a distance of at least five hundred (500) feet.
19. Brake Required. Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within twenty-five (25) feet from a speed of ten miles per hour on dry, level, clean pavement.
20. Sirens and Whistles Prohibited. A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle.
21. Bicycle Identifying Number. A person engaged in the business of selling bicycles at retail, shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame.
22. Inspecting Bicycles. A uniformed police officer may, at any time upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate.
23. License Required. No person shall ride or propel a bicycle within the city on any street or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed according to procedures established by the Winslow police department.
24. License Application. Application for a bicycle license shall be made upon a form provided by the city police department at an application fee to be determined by the Winslow police department. The licenses shall remain in full force and effect for a period from January 1st through December 31st of each year and the license shall be attached to the bicycle as prescribed by the Winslow police department.
25. Inspection of Bicycles. The chief of police, or a police officer, or a fireman assigned such responsibility, shall inspect each bicycle before licensing the same and shall refuse a license for any bicycle which he determines to be in unsafe mechanical condition or in violation of any provision of this section.
26. Transfer of Ownership. Upon the sale or transfer of a licensed bicycle, the licensee shall remove the license from the bicycle, and the new owner shall apply for a new license for the bicycle within ten days of the sale or transfer.
27. Penalties. Unless otherwise specified, violation of any provision of this section shall be classified as a civil infraction, punishable by a fine not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for each violation. Each occurrence or day the violation continues shall be a separate offense. After having been found responsible for committing three (3) or more civil infractions of the same code provision in any twenty-four (24) month period, whether by admission, by payment of fine, by default or by judgment after hearing, a person is a habitual offender and may be charged with a Class 1 misdemeanor. For purposes of calculating the twenty-four (24) month period under this subsection, the dates of the commission of the offenses shall be used. Any person found guilty of a Class 1 misdemeanor under this subsection shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500), exclusive of penalty assessments prescribed by law, or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1379 § 1, 2022; Prior code § 22-7)
10.04.070 Emergency Equipment for Medical Personnel
All duly employed and qualified medical personnel for emergency services, while serving in that capacity, are authorized to utilize such emergency equipment as may be necessary to protect their safety and the safety of the public and so as to permit as timely a response as possible to any emergency situation, such equipment to include, but not be limited to, a siren and emergency flasher lights as approved by the police chief. The emergency medical agency shall request in writing to the police chief, the personnel and vehicles to be authorized hereunder. The police chief shall approve or disapprove the same, and such approval may be revoked at any time at his discretion. At that time, any equipment shall immediately be removed from the vehicle.
Further, the agency shall keep the police chief advised of any personnel changes or unauthorized use of the equipment and shall furnish a monthly list of the vehicles and personnel authorized to use the same. Any violation hereof by either the agency or personnel shall be a misdemeanor. (Prior code § 22-9)