CHAPTER 71: TRAFFIC RULES

Section

Regulations

71.01    Unlawful riding

71.02    Roller skates, sleds and the like

71.03    Damaging sidewalks and curbs

71.04    Removing glass and debris

71.05    Obstructing streets

71.06    Noise

71.07    Funeral procession

71.08    Avoiding a traffic control device

Pedestrians

71.20    Use of sidewalks

71.21    Right angles

Parades

71.35    Permit required

71.36    Permit application

71.37    Permit approval

71.38    Permit application appeals

71.39    Permit revocation

71.40    Offenses against parade

REGULATIONS

71.01 UNLAWFUL RIDING.

(A) No operator of a motor vehicle shall permit a passenger to, and no passenger shall, ride on a vehicle on a street except on a portion of the vehicle designed or intended for the use of passengers. This provision does not apply to an employee engaged in the necessary discharge of a duty or to a person riding within a truck body in space intended for merchandise.

(B) No person shall board or alight from a motor vehicle while the vehicle is in motion on a street.

(’91 Code, § 5-3.12) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

Cross reference:

Taxicabs; passengers, see § 112.33

71.02 ROLLERS SKATES, SLEDS AND THE LIKE.

(A) (1) No person upon roller skates, skate-boards, roller blades (in-line skates) or riding in or by means of a coaster, toy vehicle or similar device shall use the streets or sidewalks within the city in a manner that endangers or would be likely to endanger any person or property.

(2) Any person who violates this section shall be fined as set forth in § 70.99. As an additional penalty, the Court may order that the violator’s roller skates, skate board, in-line skates, coaster, toy vehicle or similar device used in the violation of this section be held by the City Police Department for a period not to exceed 90 days.

(’91 Code, § 5-3.13(1))

(B) No person shall use the streets for traveling on skies, toboggans, sleds or similar devices, except where authorized. (’91 Code, § 5-3.13(2))

(Ord. 967, passed 3-12-91; Am. Ord. 1019, passed 3-14-95) Penalty, see § 70.99

71.03 DAMAGING SIDEWALKS AND CURBS.

(A) The operator of a motor vehicle shall not drive on a sidewalk or roadside planting strip except to cross at an authorized permanent or temporary driveway.

(B) No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway.

(C) No person shall remove a portion of a curb or move a motor vehicle or a device moved by a motor vehicle onto a curb or sidewalk without first obtaining authorization from the city and posting bond if required. A person who causes damage shall be responsible for the cost of repair.

(’91 Code, § 5-3.14) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.04 REMOVING GLASS AND DEBRIS.

A party to a vehicle accident or a person causing broken glass or other debris to be on a street shall remove the glass or other debris from the street as soon as practicable.

(’91 Code, § 5-3.15) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.05 OBSTRUCTING STREETS.

No person shall park or leave on a street, including an alley, parking strip, sidewalk or curb, a vehicle part, trailer, box, merchandise of any description or any other thing that impedes traffic or obstructs the view, except as allowed by this title or other ordinances of the city.

(’91 Code, § 5-3.16) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.06 NOISE.

No person shall operate a motor vehicle in the city in a manner that creates or causes excessive noise. The operation of compression brakes, commonly known as "Jacob" brakes, in a manner that creates unnecessary noise is prohibited.

(’91 Code, § 5-3.17) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.07 FUNERAL PROCESSION.

(A) (1) No permit is required for a funeral procession.

(2) A funeral procession shall proceed to the place of interment by the most direct route that is both legal and practical.

(3) The procession shall be accompanied by adequate escort vehicles for traffic control.

(4) All motor vehicles in the funeral procession shall be operated with their lights on.

(5) No person shall unreasonably interfere with a funeral procession.

(6) Each driver in the procession shall follow the vehicle ahead as closely as is practical and safe.

(’91 Code, § 5-3.56)

(B) No person shall operate a vehicle that is not part of a funeral procession between the vehicles comprising the procession. (’91 Code, § 5-3.57)

(Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.08 AVOIDING A TRAFFIC CONTROL DEVICE.

(A) Definition. A TRAFFIC CONTROL DEVICE is any sign, signal, marking or device placed or erected for the purpose of guiding, directing, warning or regulating traffic.

(B) Violation. A person commits the offense of operator avoiding a traffic control device if any operator of a vehicle crosses private property to avoid a traffic control device.

(’91 Code, § 5-2) (Ord. 937, passed 6-27-89) Penalty, see § 70.99

PEDESTRIANS

71.20 USE OF SIDEWALKS.

Pedestrians shall not use a roadway for travel when abutting sidewalks are available.

(’91 Code, § 5-3.45) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

71.21 RIGHT ANGLES.

No pedestrian shall cross a street other than by a route at right angles to the curb or by the shortest route to the opposite curb, unless crossing within a crosswalk.

(’91 Code, § 5-3.46) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

PARADES

71.35 PERMIT REQUIRED.

No person shall organize or participate in a parade that may disrupt or interfere with traffic without obtaining a permit. A permit shall always be required of a procession of people using the public right-of-way and consisting of 100 or more persons or ten or more vehicles.

(’91 Code, § 5-3.50) (Ord. 967, passed 3-12-91) Penalty, see § 70.99

Cross reference:

Amusements, see Ch. 94

71.36 PERMIT APPLICATION.

(A) Application for parade permits shall be made to the City Manager at least seven days prior to the intended date of the parade, unless the time is waived by him/her.

(B) Applications shall include the following information.

(1) The name and address of the person responsible for the proposed parade.

(2) The date of the proposed parade.

(3) The desired route, including assembling points.

(4) The number of persons, vehicles and animals that will be participating in the parade.

(5) The proposed starting and ending time.

(C) The application shall be signed by the person designated as chairperson.

(’91 Code, § 5-3.51) (Ord. 967, passed 3-12-91)

71.37 PERMIT APPROVAL.

(A) The City Manager shall issue a parade permit conditioned on the applicant’s written agreement to comply with the terms of the permit unless the City Manager finds the following.

(1) The time, route and size of the parade will unreasonably disrupt the movement of other traffic.

(2) The parade is of a size or nature that requires the diversion of so great a number of police officers to properly police the line of movement and contiguous areas that allowing the parade would deny reasonable police protection to the city.

(3) The parade will interfere with another parade for which a permit has already been issued.

(4) Information contained in the application is found to be false or a material detail is omitted.

(5) The applicant refuses to agree to abide by or comply with all conditions of the permit.

(B) If one or more of the conditions listed in division (A), other than subsection (5), exists, the City Manager may impose reasonable conditions in the permit, including but not limited to the following.

(1) Requiring an alternate date.

(2) Requiring an alternate route.

(3) Restricting the size of the parade.

(C) The City Manager shall notify the applicant of the decision within three days after receipt of the application.

(D) If the City Manager proposes alternatives or refuses to issue a permit, the applicant shall have the right to appeal the decision to the Council.

(’91 Code, § 5-3.52) (Ord. 967, passed 3-12-91)

71.38 PERMIT APPLICATION APPEALS.

(A) An applicant may appeal the decision of the City Manager by filing a written request of appeal with the Recorder within 48 hours after the City Manager has proposed alternatives or refused to issue a permit.

(B) The Council shall schedule a hearing date, which shall not be later than three days following the filing of the written appeal with the Recorder, and shall notify the applicant of the date and time that he/she may appear either in person or by a representative.

(’91 Code, § 5-3.53) (Ord. 967, passed 3-12-91)

71.39 PERMIT REVOCATION.

The City Manager may revoke a parade permit if circumstances clearly show that the parade can no longer be conducted consistent with public safety.

(’91 Code, § 5-3.55) (Ord. 967, passed 3-12-91)

71.40 OFFENSES AGAINST PARADE.

(A) No person shall unreasonably interfere with a parade or parade participant.

(B) No person shall operate a vehicle that is not part of a parade between the vehicles or persons comprising a parade.

(’91 Code, § 5-3.54) (Ord. 967, passed 3-12-91) Penalty, see § 70.99