Chapter 10.84 MISCELLANEOUS DRIVING PROVISIONS

Chapter 10.84
MISCELLANEOUS DRIVING PROVISIONS

Sections:

10.84.040 Compression brakes prohibited.

(1) No person shall use motor vehicle brakes commonly known as Jacobs or Jake brakes, which are in any way activated or operated by unmuffled compression of the engine of any such motor vehicle or any unit or part thereof within the city limits.

(2) It shall be an affirmative defense to prosecution under this section that said unmuffled compression brakes were applied in an emergency and were necessary for the protection of persons and/or property.

(3) Any person violating the provisions of this section shall be deemed to have committed a traffic infraction and shall be penalized an amount not to exceed $50.00.

(4) The city personnel are authorized and directed to post appropriate signs consistent with the provisions of this section. (Ord. 1389, 1987).

10.84.060 Inattentive driving.

(1) It is unlawful for any person to operate a motor vehicle within the city in an inattentive manner.

(2) Inattentive Driving – Defined. For the purposes of this section, “inattentive manner” means the operation of a motor vehicle in a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of pedestrians and weather conditions; and/or in such a manner so as to fail to maintain a careful lookout adequate to avoid endangering or colliding with persons or property. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of, operating a motor vehicle in a negligent manner.

(3) Inattentive Driving – Violation – Penalty. A violation of this section shall be a civil infraction punishable by a base monetary penalty of $66.25 plus assessments with an increase in the base penalty in the amount of $25.00 for a total of $91.25 if an accident occurs as a result of the underlying infraction in accordance with IRLJ 6.2d, with any amendments thereto.

(4) Under no circumstances may the city attorney amend a civil infraction, which was originally cited as a violation under POMC 10.04.010 (adopting the Model Traffic Ordinance by reference) when issued against a driver with a commercial drivers license (CDL), to inattentive driving; provided, however, that the city attorney may amend the violation under such circumstances as may be necessary to correct an error in the initial citation. (Ord. 011-15 § 1; Ord. 004-11 § 1).