HomeMy WebLinkAbout1940-02 05-01 CCO 0 -
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ORDINANCE NO. 21 -
SECTION I -- OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
Obedience to Traffic Laws and Police-Officers
1. It is unlawful and, unless otherwise deolared in this Ordinance with
respect to particular offenses, it is a misdemeanor for any person to do any
act forbidden or fail to perform any act required in this Ordinanoe.
2, No person shall wilfully fail or refuse to comply with any lawful
order or direction of any peace officers invested by law with authority to
direct, control or regulate traffic.
Bicycle, Animal and Animal Drawn Vehicle
3. Every person riding a bicycle or an animal or driving any animal
drawing a vehicle upon a roadway shall be subject to the provisions of this
Ordinance applicable to the driver of a vehicle, except those provisions of
this Ordinance which by their nature can have no application.
Unauthorized Signs, Signals and Marking
4. No person shall place, maintain, or display upon or in view of any
highway any unauthorized sign, signal, marking, or device which purports to
be •or is an imitation of or resembles an official traffic - control device or
_ railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any official
traffic- control device or any railroad sign or signal, and no person shall
place or maintain nor shall any public authority permit upon any highway any
traffic sign or signal bearing thereon any oommercial advertising. This shall
not be deemed to prohibit the erection upon private property adjacent to highways
of signs giving useful directional information and of a type that cannot be
4 mistaken for official signs.
Every such prohibited sign, signal or marking is hereby declared to be
a public nuisance and the authority having jurisdiction over the highway is
hereby empowered to remove the same or cause it to be removed without notice.
Interference with Traffic Control Devices, etc.
5. No person shall without lawful authority attempt to or in fact alter,
deface, injure, knock down, or remove any official traffic - control device or
any railroad sign or signal or any inscription, shield, or insignia thereon,
or any other part thereof.
SECTION II -- ACCIDENTS
Driverto Remain -- Penalty
6, (a) The driver of any vehicle involved in an accident resulting in
injury to or death of any person. shall insnediatelistop such vehicle at the
scene of such accident or as close thereto as possible but shall then forthwith
greturn to and in every event shall remain at the eiaene of the accident until he
has fulfilled all requirements of this Ordinance as to the giving of information.
Every such stop shall be made without obstructing traffic more than is necessary.
(b) Any person failing to stop or to comply with said requirements
under such circumstances shall upon conviction be punished by imprisonment for
not less than ten days nor more than 90 days or by fine of not less than *10,00
or more than $100.00.
Accidents Involving Damage to Vehicle
7. The driver of any vehicle involved in an accident to a vehicle which
is driven or attended by any person shall immediately stop such vehicle at the
scene of such accident or as close thereto as possible but shall forthwith .
return to and in every event shall remain at the scene of such accident until
he has fulfilled the requirements of this Ordinance as to the giving of — -
information. Every such stop shall be made without obstructing traffie, core
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than is necessary. Any person failing to stop or comply with said requirements
= under such circumstances shall be guilty of a misdemeanor.
Accidents Involving Injury or Death
8. The driver of any vehicle involved in an accident resulting in injury
to or death of any person or damage to any vehicle which is driven or attended -
by any person shall stop and give his name, address and the registration number
of the vehicle he is driving and shallupon request and if available exhibit his
driver's or chauffeur's license to the person struck or the driver or occupant
of or person attending any vehicle collided with and shall render to any person
injured in such accident reasonable assistance, including the carrying of such
person to a physician, surgeon, or hospital for medical treatment if it is
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apparent that such treatment is necessary or if such carrying is requested by
the injured person.
Accident with Fixtures Upon a Highway
9. The driver of any vehicle involved in an accident resulting only in
damage to fixtures legally upon or adjacent to a highway shall take reasonable _
steps to locate and notify the owner or person in charge of such property of .
such fact and of his name and address and of the registration number of the
vehicle he is driving and shall upon request and if available exhibit his driver's
or chauffeur's license and shall make report of such accident when and as
required by the provisions of this Ordinance.
Reports by Officer
10. Every law enforcement officer who in the regular course of duty,
investigates amotor vehicle accident of which report must be made as required in
this section, either at the time of and at the scene of the accident or thereafter
by interviewing participants or witnesses, shall within 24 hours after completing
suoh investigation, forward a written report of such accident to the Commissioner
of Highways.
Reports by Garage .
11. The person in charge of any garage or repair shop to which is brought
any motor vehicle which shows evidence of having been struck by any bullet, shall
immediately report to the local police dr sheriff and to the Commissioner within
24 hours after such motor vehicle is received, giving the engine number, registra-
tion number and the nano and address of the owner or operator of such vehicle.
SECTION III -- DRIVING RILE INTOXICATED AND RECKLESS OR CARELESS DRIVING
Drunken Driver -- Narcotics -- Penalty
12. (a) It is unlawful and punishable as provided in subdivision (h) of
L this section for any person who is an habitual user of narcotic drugs or any
person who is under the influence of intoxicating liquor or narcotic drugs to
drive or operate any vehicle within this village.
CO Every person who is convicted of a violation of this section shall
be pun' by imprisonment for not less than ten days nor more than 90 days, or
by e of not less than $10.00, nor more than $100.00. On a second or subsequent
7 c eviction he shall be punished by imprisonment for not less than 30 days nor
more than 90 days, or a fine of not less than $25.00 nor more than $100.00.
'Reckless or Careless Driving -- Penalty
13. (a) Any person who drives any vehicle in such manner as to indicate
either a wilful or a wanton disregard for the safety of persons or property is
guilty of reckless driving.
(b) Every person convicted of reckless driving shall be punished upon
a first conviction by imprisonment for a period of not less than ten days nor more
than 90 days, or by a fine of not less than $10.00 nor more than $100.00 and on a
second or subsequent conviction shall be punished by imprisonment for not less than
30 days nor more than 90 days or by a fine of not less than $25.00 nor more than
$100.00.
(c) Any person who shall operate or halt any vehicle upon any street
of highway carelessly or heedlessly in disregard of the rights or the safety of
others or in a manner so as to endanger or be likely to endanger any person or
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property is guilty of oareless driving.
SECTION IV -- SPEED RESTRICTIONS
Speed Restrictions, Prima Facie Rule
14. (a) No person shall drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the conditions and having regard
to the actual and potential hazards then existing.
(b) Where no special hazard exists the following speeds shall
be lawful but any speeds in excess of said limits shall be prima facie
evidence that the speed is not reasonable or prudent and that it is unlawful:
1. 30 miles per hour on any non -zoned streets.
2. 45 miles per hour in such other locations as prescribed
by signs.
(c) The driver of every vehicle shall, consistent with the
requirements drive at an appropriate reduced speed when approaching and
crossing an intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when traveling upon any
narrow or winding roadway, and when special hazard exists with respect to
pedestrians or other traffic or by reason of weather or highway conditions.
Minimum. Speed Regulation
15. No person shall drive a motor vehicle at such a slow speed as to
impede or block the normal and reasonable movement of traffic except when
reduced speed is necessary for safe operation or in compliance with law.
Policy officers are hereby authorized to enforce this provision by
by directions to drivers, and in the event of apparent wilful disobedience
to this provision and refusal to comply with directions of an officer in
accordance herewith the continued slow operation by a driver shall be a
misdemeanor.
SECTION V -- DRIVING ON RIGHT SIDE OF ROADWAY -- OVERTAKING AND PASSING, ETC.
Drive on Right Side -- Exceptions
16. Upon all roadways of sufficient width a vehicle shall be driven
upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in
in the same direction under the rules governing such movement;
2. When the right half of a roadway is closed to traffic while
under construction or repair;
3. Upon a roadway divided into three marked lanes for traffio.
Meeting Vehicles
17. Drivers of vehicles proceeding in opposite directions shall pass
each other to the right and upon roadways having width for not more than one
line of traffic in each direction each driver shall give to the other at
least one -half of the main traveled portion of the roadway as nearly as
possible.
III Overtaking on the Left
18. The following rules shall govern the overtaking and passing of
vehicles proceeding in the same direction, subject to those limitations,
exceptions, and special rules hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding
in the same direction shall pass to the left thereof at a safe distance and
shall not again drive to the right side of the roadway until safely clear of
the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted,
the driver of an overtaken vehicle shall give way to the right in favor,of
the overtaking vehicle on audible warning and shall not increase the speed of his
vehicle until completely passed by the overtaking vehicle.
When Passing on the Right Is Permitted
19. (a) The driver of a vehicle may overtake and pass upon the right of
another vehicle which is making or about to make a left turn.
(b) The driver of a vehicle may overtake and, allowing sufficient
clearance, pass another vehicle proceeding in the same direction either upon the
left or upon the right on a roadway with unobstructed pavement of sufficient width
for four or more lanes of moving traffic when such movement can be made in
safety.
Limitation on Overtaking and Passing on the Left
20. (a) No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the same direction.
unless such left side is clearly visible and is free of on- coming traffic for a
sufficient distance ahead to permit such overtaking and passing to be completely
made without interfering with the safe operation of any vehicle approaching from
the opposite direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right -hand side of the roadway before coming within
100 feet of any vehicle approaching from the opposite direction.
(b) Except on a one -way roadway, no vehicle shall, in overtaking and
passing another vehicle or at any other time, be driven to the left half of the
roadway under the following conditions:
1. When approaching the crest of a grade or upon a curve in the
highway where the driver's view along the highway is obstructed with a distance of
700 feet;
2. When approaching within 100 feet of any underpass or tunnel
or when approaching within 100 feet of or traversing any intersection or railroad
grade crossing;
3. Where official signs are in place prohibiting passing, or a
distinctive center line is marked, which distinctive line also so prohibits
passing.
SECTION VI -- TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING
Turning at Intersections
21. The driver of a vehicle intending to turn at an intersection shall do
as follows:
(a) Both the approach for a right turn and a right turn,shall be made
as close as practical to the right -hand curb or edge of the roadway.
(b) Approach for a lft turn on other than one -way roadways shall be
made in that portion of the right half of the roadway nearest the center line
thereof and after entering the intersection the left turn shall be made so as to
leave the intersection to the right of the center line of the roadway being
entered.
(e) Approach for a left turn from a two -way roadway into a one -way
roadway shall be made in that portion of the right half of the roadway nearest
the center line thereof and by passing to the right of such center line where
it enters the intersection. A left turn from a one -way roadway into a two -way
roadway shall be made by passing to the right of the center line of the roadway
being entered upon leaving the intersection.
"U" Turns
22. No vehicle shall be turned so as to proceed in the opposite direction
upon any curve, or upon the approach to, or near the crest of a grade, where such
vehicle cannot be seen by the driver of any other vehicle approaching from either
direction within 1,000 feet.
Starting Parked Vehicle
23. No person shall start a vehicle which is stopped, standing, or parked
unless and until such movement can be made with reasonable safety.
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Signals -- When Required
24. (a) No person shall turn a vehicle from a direct course upon a
highway unless and until such movement can be made with reasonable safety
and then only after giving a clearly audible warhing by sounding the horn
if any pedestrian may be affected by such movement or after giving an
appropriate signal in the manner hereinafter provided in the event any
other.vehicle may be affected by such movement.
(b) A signal of intention to turn left shall be given contin-
uously during not less than the last 75 feet traveled by the vehicle before
turning.
(G) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner provided
herein to the driver of any vehicle immediately to the rear unless there is
a good and sufficient reason for not being able to do so.
Signals by Hand, Arm or Signal Device
25. The signals herein required shall be given either by means of the
hand and arm or by a signal lamp or signal device of a type approved by the
Village, but when a vehicle is so construoted or loaded that a hand and arm
signal would not be visible in normal sunlight and at night both to the front
and rear of such vehicle then said signals must be given by such a lamp or
device.
Hand and Arm Signal
26. 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 VII -- RIGHT -OF -WAY -
Approaching or Entering Intersection -- Unlawful Speed
27. (a) The driver of a vehicle approaching an intersection shall
yield the right -of -way to a vehicle which has entered the intersection from
a different highway.
CO) When two vehicles enter an intersection from different
highways at approximately the same time the driver of the vehicle on the
left shall yield the right -of -way to the vehicle on the right.
Turning Left at Intersection
28. The driver of a vehicle within an intersection intending to turn
to the ]s ft shall yield the right -of -way to any vehicle approaching from the
opposite direction which is within the intersection or so close thereto as
to constitute an inrn.eidate hazard, but said driver, having so yielded and
having given a signal when and as required by this act, may.make such left
turn and the drivers of all other vehicles approaching the intersection from
said opposite direction shall yield the right -of -way to the vehicle making
the ]e ft turn,
Entering "THRU" Highway -- Stop Intersection
29. (a) The driver of a vehicle shall stop as required by this
Ordinance .t the entrance to a thru highway and shall yield the right -of -way
to other vehicles which have entered theintersection from said thru highway
or which are approaching so closely on said thru highway as to constitute an
immediate hazard, but said driver having so yielded may proceed and the
drivers of all other vehicles approaching the intersection on said thru
highway shall yield the right-of-way to the vehicle so proceeding into or
aoross the thru highway.
CO) The driver of a vehicle shall likewise stop in obedience to
a stop sign as required herein at an intersection where a stop sign is erected
at one or more entrances thereto altho not a part of a thru highway and .shall
proceed cautiously, yielding to vehicles not so obliged to stop which are
within the intersection or approaching so closely as to constitute an immediate
hazard, but may then proceed.
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Approach of Emergency Vehicle
30. Upon the immediate approaoh of an authorized emergency vehicle, when the
driver is giving audible signal by siren, the driver of every other vehicle shall
yield the right -of -way and shall immediately drive to a position parallel to, and
as close as possible to, the right -hand edge or curb of the highway clear of any
intersection and shall stop and remain in such position until the authorized
emergency vehicle has passed except when otherwise directed by a police officer.
Funeral Procession
31. Whenever any funeral procession identifies itself by using regular lights
on all cars and by keeping all ears in close formation, the driver of every other
vehicle, except an emergency vehicle, shall yield the right -of -way.
SECTION VIII -- PEDESTRIANS' RIGHTS AND DUTIES
Pedestrians' Right -of -Way at Crosswalks
32. It shall be unlawful for any person to drive a motor vehicle through a
column of school children crossing a street or highway or past a member'of a school
safety patrol created in accordance with Chapter 23, Laws of 1933, while such
member of a school safety patrol is directing the movement of children across a
street or highway and while said school safety patrol member is holding his official
signal in the stop position.
To Yield at Other Than Crosswalks
33. Notwithstanding the provisions of this section every driver of a vehicle
shall exercise due care to avoid colliding with any pedestrian upon anyrroadway and
shall give warning by sounding the horn when necessary and shall exercise proper
precaution upon observing any child or any confused or incapacitated person upon
a roadway.
Soliciting Rides
34. No person shall stand in a roadway for the purpose of soliciting a ride
from the driver of any private vehicle.
Pedestrians to Use Left Side of Roadway
35. Pedestrians when walking along a roadway shall walk near the left side
of the roadway, giving way to oncoming traffic.
Stop Before Emerging from Alley, Driveway or Building
36. The driver of a vehicle within a business or residence district emerging
from an alley, driveway, or building shall stop such vehicle immediately prior to
driving onto a sidewalk or into the sidewalk area extending across any alley -way
or private driveway.
SECTION IX -- STOPPING, STANDING AND PARKING
Removal of Illegally Stopped Vehio-les
37. (a) Whenever any police officer finds a vehicle standing upon a highway
in violation of any of the foregoing provisions of this article, such officer is
hereby authorized to move such vehicle, or require the driver or other person in
charge of the vehicle to move the same, to a position off the paved or improved
or main traveled part of such highway.
(b) Whenever any police officer finds a vehicle unattended upon any
street or highway or upon any bridge or causeway or in any tunnel where such
vehicle constitutes an obstruction to traffic, such officer is hereby authorized
to• provide for the removal of such vehicle and remove the same to the nearest
convenient garage or other place of safety.
Stopping or Parking Prohibited in Specified Places
38. (a) No person shall stop, stand, or park a vehicle, except when necessary
to avoid conflict with other traffic or in compliance with the directions of a police
officer or traffic control device, in any of the following places:
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1. On a sidewalk:
t 2. In front of a public or private driveway;
- 3. Within an intersection;
4. Within 10 feet of a fire hydrant;
5. On a crosswalk;
6. Within 20 feet of a crosswalk at an intersection;
7. Within 30 feet upon the approach to any flashing b sign,
or traffic control signal located at the side of
8. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless a different length is indicated by signs or markings;
9. Within 50 feet of the nearest rail of a railroad crossing; -
10. .,.long side or opposite any street excavation or obstruction when
such stopping, standing, or parking would obstruct traffic;
11. On the roadway side of any vehicle stopped or parked at the edge
or curb of a street;
12. At any place where official signs prohibit stopping.
(b) No person shall move a vehicle not owned by such person into any
prohibited area or away from a curb such distance as is unlawful.
(c) No person shall, for camping purposes, leave or park a house trailer
on or within the limits of any highway or on any highway or on any highway
right -of -way, except where signs are erected designating the place as a camp
site.
III (d) No person shall stop or park a vehicle on a street or highway when
directed or ordered to proceed by any peace officer invested by law with
authority to direct, control or regulate traffic.
Parking at Right -hand Curb
39. Except where angle parking is permitted by local ordinance every
vehicle stopped or parked upon a roadway where there is an adjacent curb
shall be so stopped or parked with the right -hand wheels of such vehicle
parallel with and within 12 inches of the right -hand curb. Otherwise upon
all streets and highways every vehicle stopped or parked shall be so stopped
or parked parallel with and to the right of the paved or improved or main
traveled part of such street or highway.
SEC TION X -- MISCELLANEOUS RULES
Unattended Motor Vehicle
40. No person driving or in charge of a motor vehicle shall permit it
to stand unattended without effectively setting the brake thereon and turning
the front wheels to the curb or side of the highway.
Obstruction to Driver's View or Control
III 41. No person shall drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, exceeding three, as to obstruct
the view of the driver to the front or sides of the vehicle or as to interfere
with the driver's control over the driving mechanism of the vehicle.
Coasting Prohibited
42. (a) The driver of any motor vehicle when traveling upon a down
grade shall not coast with the gears of such vehicle in neutral.
CO The driver of a commercial motor vehicle when traveling upon a
down grade shall not coast with the oluth disengaged.
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Glass, Etc., on Highway Prohibited
43. (a) No person shall throw or deposit upon any highway any glass
bottle, glass, nails, tacks, wire, cans, or any other substance likely to
injure any person, animal, or vehicle upon such highway.
(b) Any person who drops or permits to be dropped or thrown, upon
any highway any destructive or injurious material shall immediately remove the
same or cause it to be removed.
(e) Any person removing a wrecked or damaged vehicle from a highway
shall remove any glass or other injurious substance dropped upon the highway
from such vehicle.
Hitching
44. No person shall hitch a toboggan, hand sled, bicycle or other similar
device onto any motor vehicle while being used on a highway.
SECTION XI -- EQUIPMENT
Scope and Effect of Equipment Regulations
45. It is a misdemeanor for any person to drive or for the owner to cause
or knowingly permit to be driven on any highway any vehicle or combination of
vehicles which is in such unsafe condition as to endanger any person, or which
does not contain those parts or is not at all times equipped with such lamps and
other equipment in proper condition and adjustment or which is equipped in any
manner in violation of this Ordianoe.
Headlamps on Motor Vehicles
46. (a) Every motor vehicle other than a motoroycle shall be equipped with
two headlamps, no less, one on each side of the front of the motor vehicle, which
head lamps shall comply with the requirements and limitations set forth in the
state law.
(b) Every motorcycle shall be equipped with at least one and not more
than two headlamps which shall eomply with the requirements and limitations of
the State Law.
Rear Lamps and Reflectors
47. (a) Every motor vehicle and every vehicle which is being drawn at the
end of a train of vehicles shall be equipped with a lighted rear lamp, exhibiting
a red light plainly visible from a- distance of 500 feet to the rear.
(b) Either such rear lamps or separate lamp shall be so constructed
and placed as to illumiate with a white light the rear registration plate and
render it clearly legible from a distance of 50 feet to the rear.
Lamps on Parked Vehicles __
48. Whenever a vehicle is parked or stopped upon highway or shoulder
adjacent thereto, whether attended or unattended during the time when lighted
lamps on vehicles are required in this act, such vehicle shall be equipped with
one or more lamps located near the extreme outer edge of the vehicle which shall
exhibit a white light on the, roadway side visible from a distance of 500 feet to
the front of such vehicle and a red light visible from a distance of 500 feet to
the rear.
Lamps or Reflectors on Bicycles
49. Every bicycle shall be equipped with a lamp on the front exhibiting a
white light ,visible from a distance of at least 500 feet to the front and with
a lamp on the rear exhibiting a red light visible from a distance of 500 feet
to the rear, except that an approved reflector meeting the minimum requirements
of this ordinance may be used in lieu of a rear light.
Spot Lamps and Auxiliary Driving Lamps
50. Any motor vehicle may be equipped with not to exceed two spot lamps
and every lighted spot lamp shall be so aimed and used upon approaching another
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vehicle that no part of the high intensity portion of the beam will be
directed on the road surface to the left of the center of the vehicle nor
more than 100 feet ahead of the vehicle upon which said lamps are mounted.
Multiple Beam Lamps -- Distribution of Light
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51. (a) There shall be an uppermost distribution of light, or com-
posite beam, so aimed and of such intensity as to reveal persons and
vehicles at a distance of at least 350 feet ahead for all conditions of
loading.
(b) There shall be a lowermost distribution of light, or com- •
posite beam, so aimed that when the vehicle is fully loaded none of the
high intensity portion of the beam shall project higher than a level which
is five inches below the level of the center of the lamps from which it comes
at a distance of 25 feet ahead.
(o) All road lighting beams shall be so aimed and of sufficient
intensity to reveal a person or vehicle at a distance of at least 100 feet
ahead.
Use of Multiple Beam Lamps -- Depressing
52. (a) Whenever a motor vehicle is being operated on a highway or
shoulder adjacent thereto during the time3when lighted lamps on vehicles are
required in this act, the driver shall use a distribution of light, or com-
posite beam, directed high enough and of sufficient intensity to reveal
persons and vehicles at a safe distance, in advance of the vehicle, subject to
the following requirements and limitations.
(b) Whenever the driver of a vehicle approaches an on- coming
vehicle within 500 feet, such driver shall use a distribution of light, or
composite beam, so aimed that the glaring rays are not projected into the
eyes of the oncoming driver, and in no case shall the high intensity portion
of the beam be aimed higher than the level which is five inches below the
level of the center of the lamp from which it comes at a distance of 25 feet
III ahead, and in no case higher than a level of 42 inches above the level upon
which the vehicle stands at a distance of 75 and more feet ahead, except that
a beam which is aimed higher than these levels to the right of the prolongation
of the extreme left side of the vehicle may be uaed for meeting other vehicles
on relatively straight highways provided that no part of that portion of the
beam which rises higher than these levels is projected to the left of the
center of the highway except momentarily.
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Brakes Required
53. (1) Every motor vehicle, other than a motorcycle, when operated
upon a highway shall be equipped with brakes adequate to control the movement
of and to stop and hold such vehicle, including two separate means of applying
the brakes, each of which means shall be effective to apply the brakes to at
least two wheels. If these two separate means of applying the brakes are
connected in any way, they shall be so constructed that failure of any one
part of the operating mechanism shallnot leave the motor vehicle without
brakes on at least two wheels.
(2) Every motorcycle, and bicycle with motor attached, when operated
upon a highway shall be equipped with at least one brake, which may be operated
by hand or foot.
Brake Performance bil
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54. (1) The service brakes upon any motor vehicle or combination of
vehicles shall be adequate to stop such vehicle or vehicles when traveling 20
miles per hour within a distance of 30 feet when upon dry asphalt or concrete
pavement surface free from loose material where the grade does not exceed
oneper cent.
(2) Under the above conditions the hand brake shall be adequate to
stop such vehicle or vehicles within a distance of 55 feet and said hand
brake shall be adequate to hold such vehicle or vehicles stationary on any
grade upon which operated.
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(3) Under the above conditions the service brakes upon a motor vehicle
equipped with two -wheel brakes only, and when permitted hereunder, shall be
adequate to stop the vehicle within a distance of 40 feet and the hand brake
adequate to stop the vehicle within a distance of 55 feet.
(4) All braking distance specified in this section shall apply to all
vehicles mentioned, whether such vehicles are not loaded or are loaded to the
maximum capacity.
(5) All brakes shall be maintained in good working order and shall be
so adjusted as to operate as equally as practicable with respect to the wheels on
opposite sides of the vehicle.
Horns and Warning Devices -- Sirens Prohibited
55. Every motor vehicle when operated upon a highway shall be equipped with
a horn in good working order and capable of emitting sound audible under normal
conditions from a distance of not less than 200 feet, but no horn or other warning -
device shall emit an unreasonably loud or harsh sound or a whistle. The driver of
a motor vehicle shallwhen reasonably necessary to insure safe operation give
audible warning with his horn but shall not otherwise use such horn when upon a
highway.
Mufflers, Noise
56. Every motor vehicle shall at all times be equipped with a muffler in
good working order and in constant operation to prevent excessive or unusual noise
and no person shall use a muffler cutout, by -pass or similar device upon a
vehicle on a street or highway. Every motor vehicle shall at all times be
equipped with such parts and equipment so arranged and kept in such state of
repair as to prevent carbon monoxide gas from entering the interior of the
vehicle.
Rear Vision Mirrors
57. Every motor vehicle which is so constructed, loaded or connected with
another vehicle as to obstruct the driver's view to the rear thereof from the
driver's position shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet to the rear of
such vehicle.
Bumpers
58. All motor vehicles shall be equipped with front and rear bumpers or
with front bumpers and with rear reflectors. Such bumpers shall be securely
attached to the frame thereof, and shall extend beyond the extreme front and
rear points respeotively of such vehicles. The center point of such bumpers
shall be not more than 20 inches nor less than 14 inches from the ground when
the vehicle is unloaded, provided that two rigid cross -cars may be attached to
any bumper to extend it so that it will reach a point within the required
height from the ground.
SECTION XII -- PENALTIES
Misdemeanor -- Penalty
59. (a) It is a misdemeanor for any person to violate any of the provisions
of this Ordinance unless such violation is by this Ordinance or law of this state
declared to be a gross misdemeanor or a felony.
(b) Every person convicted of a misdeanor for a violation of any of
the provisions of this Ordinance for which another penalty is not provided,
shall be punished by a fine of not more than $100.00 or by imprisonment of not
more than 90 days.
(o) Whenever a person is arrested for any violation of this village
ordinance regulting traffic, the court before whom such matter is heard shall
determine the driver's record of such person from the commissioner of Highways
before hearing or considering such matter and the expense incident to the
procurement of such information shall be taxable as costs upon conviction.
SECTION XIII -- PARTIES, PROCEDURE UPON ARREST AND REPORTS IN CRIMINAL GASES
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Parties to Violation
60. Every person who commits, attempts to commit, conspires to commit,
or aids or abets in the commission of, any act declared herein to be a crime,
whether individually or in connection with one or more other persons or as
principal, agent, or accessory, shall be guilty of such offense, and every
person who falsely, fraudulently, forcibly, or wilfully induces, causes,
coerces, requires, permits, or directs another to violate any provision of
this Ordinance is likewise guilty of such offense.
Offenses by Persons Owning or Controlling
61. It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or knowingly to
permit the operation of such vehicle upon a highway in any manner contrary
to law.
When Person Arrested Must Immediately Be Taken Before Magistrate
62. Whenever any person is arrested for any violation of this
Ordinance punishable as a misdemeanor, the arrested person shall be immediately
taken before a magistrate within the county in which the offense charged is
alleged to have been committed and who has jurisdiction of such offenses and
is nearest or most accessible with reference to the place where said arrest is
made, in any of the following cases:
1. When a person arrested demands an immediate appearance before
a magistrate;
2. When a person is arrested and charged with an offense under this
Ordinance causing or contributing to an accident resulting in injury or death
to any person;
3. When the person is arrested upon a charge of negligent homicide;
4. When the person is arrested upon a charge of failure to stop in
the event of an accident causing death, personal injuries, or damage to
property;
5. In any other event when the person arrested refused to give his
written promise to appear in court as hereinafter provided.
When Person Arrested May Be Permitted to Promise to Appear
63. (a) Whenever a person is arrested for any violation of this
Ordinance punishable as a misdemeanor, and suoh person is not immediately taken
before a magistrate the arresting officer shall prepare in duplicate written
notice to appear in court containing the name and address of such person, his
driver's license or chauffer's license number, the license of his vehicle,
if any, the offense charged, and the time and place when and where such
person shall appear in court.
(b) The place specified in said notice to appear must be before a
magistrate within the town, if there be a magistrate within said town,
otherwise within the county in which the offense charged is alleged to have
been committed and who has jurisdiction of such offense.
(e.) The arrested person in order to secure release, as provided
in this section, must give his written promise so to appear in court by
signing in duplicate the written notice prepared by the arresting officer.
Theoriginal of said notice shall be retained by said officers and the copy
thereof delivered to the person arrested. Thereupon, said officer shall
forthwith release the person arrested from custody.
Violation of Promise to Appear
64. (a) Any person wilfully violating his written promise to appear in
court, given as provided in this section, is guilty of a misdemeanor provided
he is found guilty of the charge upon which he was originally arrested,
(b) A written promise to appear in court may be complied with by
an appearance by counsel.
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P Procedure Herein Prescribed Not Exclusive
65. The foregoing provisions of this section shall govern all pollee effieers
in making arrests without a warrant for,,'riolations of this Ordinance for offenses
committed in their presence, but the procedure prescribed herein shall not other -
wise be exclusive of any other method prescribed by law for the arrest and
prosecution of a person for an offense of like grade.
Constitutionality
66. If any part or parts of this Ordinance shall be held to be unconsti-
tutional, such unconstitutionality shall not affect the validity of the remaining
parts of this Ordinance. The Village Board hereby declares it would have
passed the remaining parts of this Ordinance if it had known that such part or
parts thereof would be declared unconstitutional.
Passed by the Village of Brooklyn Center, this 1st day of May, 1940.
M. F. LANE, President
ATTEST:
W. . PETER, Village Recorder
Published in The Robbinsdale Post
May 30, 1940.
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