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HomeMy WebLinkAboutORD 1966-377BILL NO. 417 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 377 AN ORDINANCE REGULATING TRAFFIC IIPON THE PUBLIC STREETS AND HIGHWAYS OF THS COIINTY OF HAWAII AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. IT IS ORDAINED BY THE BOARD OF SUPERVISORS AS FOLLOWS: ARTICLE 1. DEFINITIONS SECTION 1-1 DEFINITION OF WORDS AND PHRASES The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively ascribed to them in this ordinance, except when the context otherwise requires. SECTION 1-2 ALLEY A narrow thoroughfare primarily devoted to the use of non- passenger vehicles carrying goods or merchandise to or Prom premises having service entrances located on such thoroughfare. SECTION 1-3 ARTERIAL STREET Any U. S. or State numbered route, controlled aoceas highway, or other major radial or circumferential street or highway forming a part of a major arterial system oP streets or highway. SECTION 1-1} AtiTHORIZED Eli1ERGENCY VEHICLE Vehicles of the fire department, police vehicles while in the course of police work, and ambulances. Included also shall be such emergency vehicles ea are designated or authorized by the Board of Supervisors. SECTION 1-$ BICYCLE Every device propelled by human poxer upon which any person may ride, having two tandem wheals and including any device generally recognized as a bicycle though equipped with two Pront or two rear xheels. SECTION 1-6 BUS Every motor vehicle designed for carrying more than 5 passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. SECTION 1-7 BUSINESS DISTRICT The territory contiguous to and including a highway when within any 600 feet along such :highway there are buildings in use for business or industrial purposes w:hic:h occupy 300 feet of frontage on one side or 300 feet collectively on both sides of the :hig;hway. SECTION 1-8 CONTROLLED-ACCESS HIGHU~~AY Every highway, street or roadway in respect to which otianers or occupants of abutting lands and other persons :have no legal right of access to or from the same except at such points only and in sudh manner as may be determined by the public authority having juris- diction over sudh:highway, street or roadway. SECTION 1-9 COUNTY ENGINEER T:he Chief Engineer of the Department of Public Gdorks of the County of Hawaii. SECTION 1-10 CROSS UdAL;i (e) That part of a roadway at an intersection included within the connections of the lateral lines of t:he sidewalks on opposite sides of the :hightiaay measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. SECTION 1-11 DISTRICT ENGINEER The Chief Engineer in t:he County of Hawaii of t:he Hig:htivays Division of the State Department of Transportation. -2- SECTION 1-12 DIVIDED HIGH~aAY A :highway divided into two or more separate roadways by medial strips. SECTION 1-13 HIGHWAY T,he entire width between t:he boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. SECTION 1-14 INTERSECTION The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two .highways which join one another, including areas contiguous thereto within which vehicles traveling upon different :highways may come in conflict. GJhere a highoray includes two roadways (30)feet or more apart, then every crossing of each roadway of such divided highway by an intersecting .highway shall be regarded as a separate intersection. In the event such intersecting highway also includes tUro roadways (30) feet or more apart, then every crossing of two roadways of such :hig:hways shall be regarded as a separate intersection. SECTION 1-15 MOTOR VEHICLE Every vehicle which is self-propelled. SECTION 1-16 MOTORCYCLE Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. SECTION 1-17 MOTOR SCOOTER Every motor vehicle conforming to t:he definition of 'motorcycle', including motor-driven bicycles, and propelled by a motor which produces not more than 5 :horsepower. SECTION 1-18 OrFICIAL TRAFFIC-CONTROL DEVICES All signs, signals, markings and devices not inconsistent with -3- this ordinance placed or erected by authority of a public body or oftioial having jurisdiction, for the purpose of regulating, warning or guiding traffic. SECTION 1-19 OPERATOR OR DRIVER Seery person who drives or is in actual physical control of a vehicle, or xho is eaeroiaing control over or steering a vehiole being towed by a motor vehicle. SECTION 1-20 OWNER A person, other than a lien-holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession oP s vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as aecuri ty. SECTION 1-21 PARK OR PARKING Means the standing of a vehicle, whether oocupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. SECTION 1-22 PASSENGER CAR Every motor vehicle, except motorcycles and motor-driven cycles, designed and used for the transportation of persona. SECTION 1-23 PEDESTRIAN Any person afoot. SECTION 1-21} PERSON Every natural person, firm, copartnership, association or corporation. SECTION 1-25 POLE TRAILER Every vehicle without motive power designed to be drawn by another vehicle and atteahed to the towing vehiole by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used Por transporting long or irregularly shaped loads such as poles, pipes or structural members capable, -~- Generally, of sustaining themselves as beams between the supporting connections. SECTION 1-26 POLICE OFFICER Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. SECTION 1-27 PRIVATE ROAD OR DRIVEWAY Every Dray or place in private otimership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. SECTION 1-28 PUBLIC HOLIDAYS All legal :holidays now existinG, or such as may be subsequently specifically proclaimed by the Governor of the State. SECTION 1-29 RECONSTRUCTED VEHICLE Every vehicle which is materially altered from the original construction by the removal, addition or substitution of essential parts, new or used. Essential parts are all integral and body parts of a vehicle of a type required to be registered, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation. SECTION 1-30 RESIDENTIAL DISTRICT The territory contiguous to and including a :highway not com- prisinG a business district tiahen t:he property on such :highway for a distance of one-quarter mile or more is in t:he main improved tirith residences or residences and buildings in use for business. SECTION 1-31 RIGHT OF 4JAY The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. -5- SECTION 1-32 ROAD TRACTOR Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either indepen- dently or any part of t:he weight of a vehicle or load so drawn. SECTIOiV 1-33 ROADYJAY That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In fhe event a .highway includes two or more separate roadways, the term "roadway" as used :herein shall refer to any such roadway separately but not to all such roadways collectively. SECTION 1-34 SAFETY ZONE The area or space officially set apart within a roadway for the exclusive use of pedestrians and tshich is protected or is so marked or indicated by adequate signs as to be plainly visible a.t all times ta:hile set apart as a safety zone. SECTION 1-35 SCHOOL 3US Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the trans- portation of children to or from school. SECTION 1-36 SEY~TI TRAILER Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its vrei~ht and that of its load rests upon or is carried by another vehicle. SECTION 1-37 SIDEin~AL~. That portion of a street betraeen the curb lines, or the lateral lines of a roadtray, and t:he adjacent property lines, intended for use of pedestrians. SECTION 1-38 SOLID TIRE Every tire of rubber or other resilient material w:hic:h does not depend upon compressed air for the support of the load. -6- SECTIOTd 1-39 SPECIAL T~iOBILE Et~UIPT~ENT Every vehicle not designed or used primarily for the transporta- tion of persons or property and only incidentally operated or moved over a hi~hi•ray, includinL but not limited toe ditch digging apparatus, trell borin; apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other fhan truclr tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-ails and scrapers, power shovels and drag lines, and self-propelled cranes and earth movin~_ equipment. The term does not include :house trailers, dump truclts, truclr mounted transit mixers, cranes or shovels, or other vehicles designed for t:he trans- portation of persons or property to uihich machinery :has been attached. SECTION 1-40 SPECIAL HAZARD VEHICLES Types of vehicles which are engaged in activities tidhic:h create special ,hazards upon the hioh~rays including highuray maintenance vehicles used by :highway authorities trhen working on t:he:hi~huray, public utility vehicles ~dhen necessarily par ked other than ad ,j acent to the curb in a :highway for purposes of ~.rorkin~ on facilities, trucks actually engaged in the touring of .houses or build in s, any pilot car required by permit issued by hi;huray authorities while actually en~a~ed in the movement of extralegal-size vehicles or loads, tow cars urhile preparing; a vehicle for totiaing and ti.*hile touring a disabled vehicle, vehicles used :for mosquito abatement control Uihen dispersing insecticides and other vehicles creating special :hazards uihic:h may be designated by the Chief of Police. SECTION 1-!}1 SPECIALLY CONSTRUCTED VEHICLE Every vehicle of a type required to be registered and not ori,minally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its oriinal construction. -7- SECTION 1-l~2 STAND OR STANDING Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. SECTION 1-!}3 STOP When required means complete cessation from movement. SECTION 1-t}tE STOP OR STOPPING When prohibited means any halting even momentarily oP a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. SECTION 1-1~.5 STREET The entire width between boundary lines oP every way publicly maintained when any part thereof is open to the use oP the public for purposes of vehicular travel. SECTION 1-l}6 TAXICAB A chauffeur driven vehicle other than a bus or tour vehicle, available for hire and/or while carrying passengers for a fare. SECTION 1-1}7 THROUGH HIGHWAY Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic Prom intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to eitbr a stop sign or a yield sign, when such signs are erected as provided in this ordinance. SECTION 1-l+.8 TOUR VEHICLE A chauffeur driven passenger vehicle other than a bus operated for the principal purpose oP sight-seeing tours. SECTION 1-!}9 TRAF'F'IC Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes oP travel. -8- SECTIOT~? 1-50 TRAFFIC-CONTROL SIGidAL Any device, idhether manually, electrically or mechanically operated, by orhich traffic is alternately directed to stop and permitted to proceed. SECTIOid 1-51 TRAILER Every vehicle vrith or tritizout motive power, other than a pole trailer, designed for carryin persons or property and for being dratirn by a rnotor vehicle and so constructed that no part of its wei6:ht rests upon the to^ring vehicle. SECTIOld 1-~2 TRUC~~. Every motor vehicle designed, used or maintained primarily for the transportation of property. SECTION 1-53 TRUCK TRACTOR Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the zrei~ht of the vehicle and load so drawn. SECTION 1-5L} VEHICLE Every device in, upon or by vihich any person or property is or may be transported or draim upon a highway. ARTICLE 2. ADi~IINISTRATIOi? SECTIOIV 2-1 BOARD Ol++' SUPERVISORS TO EXERCISE CERTAIPI ADiIIP1ISTRATIVE FUNCTIONS BY RESOLUTIOPS The Board of Supervisors shall by resolution; (a) Determine and designate the type of all official traffic control devicesy provided, such official traffic control devices shall be uniform, shall correlate with and conform to, t:he system then current, as approved by the American Association of State Highi~ray Officials. (b) Create, define, redefine, eliminate or change all safety zones, quiet zones, crossiaal~a other than at intersections, freight -9- and passenger loading and unloading zones, no-parking zones, time- limit parking zones, U-turn areas, prohibited U-turn areas, prohibited left and right turns, one-tray streets, through streets, stop inter- sections, roadvrays closed to pedestrian traffic, and roadways closed to certain classes of vehicles. SECTION 2-2 TRAr~•'IC ENGINEERING Subject to Section 2-1 of this ordinance, the County Engineer is hereby authorized, and as to those devices, suns, sinals and marlcinLs required for the purpose of traffic control, it shall be -,his duty to place and maintain or cause to be placed and maintained all official traffic control devices, suns, signals and rnarlcings, and subject to said Section 2-1 of this ordinance the District Engineer shall, on State maintained highi~rays, place and maintain official traffic control devices, signs, signals and markings con- sistent vrith standards approved by the American Association of State Highway Officials. A1.1 devices, signs, signals and rnarkings required for the purpose of traffic control shall be uniform as to type and location throughout the county. SECTION 2-3 EP-iERGENCY AidD EXPERIi:ENTAL REGULATIODTS AND POSTIDIG OF' SIGNS (a) The Chief of Police is .hereby empowered to make regulations necessary to make effective the provisions of the traffic ordinances of the County of Hataaii and to rnake and enforce temporary or experimental regulations to cover emergencies or spocial conditions, and to post suns pertaining thereto. T?o such temporary or experimental regulation shall remain in effect for more than g0 days. -10- (b) The Department of Poliae and the Department of Public Works oP the County of Hawaii may test traffic-control devices under actual conditions of traffic. ARTICLE 3. ENFORCEMENT AND OBEDIENCE TO TRAFFIC RE(1IILATIONS SECTION 3-1 AIITHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS (s) It shall be the duty of the officers of the police depart- meat or such officers ea are assigned by the Chief of Poliae to enforce all street traffic laws of this county and all of the State vehiclo laxa applicable to street traffic in this county. (b) Officers of the police department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or aigaal in conformance with traffic laws, provided that, in the event oP afire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notxithatanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist tlae police in directing traffic thereat or in the immediate vicinity. SECTION 3-2 REQIIIRED OBEDIENCE TO TRAFFIC LAWS Any person doing any sot forbidden by this ordinance or failing to perform any act required by this ordinance shall be punished as provided in Section 22-3. SECTION 3-3 OBEDIENCE TO POLICE AND FIRE OFFICIALS No person shall fail to comply with any lawful order or direction oP a police officer or fire department official. -11- SECTION 3-~. PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application. SECTION 3-5 USE OF COAST&RS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED No person upon roller skates, or riding in or by means of any coaster, toy vehiole, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be aub~ect to all of the duties applicable to pedestrians. SECTION 3-b PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS The provisions oP this ordinance shall apply to the operator oP any vehicle owned by or used in the service of the United States Government, the State of Hawaii, or the County of Hawaii, and it shall be unlawful for any driver or operator of any government vehicle to violate any of the provisions of this ordinance, except sa otherwise permitted by this ordinance, or by Federal or State law. SECTION 3-7 AUTHORIZED EMERGENCY AND SPECIAL HAZARD VEHICLES (a) The driver of an authorized emergency vehicle, when rea- ponding to an emergency Dell or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: 1. Park or stand, irrespective of the provisions of this ordinance; 2. Proceed past a red or atop signal or stop sign, but only after slowing down as may be necessary for safe operation; -12- 3. Exceed the maximum speed limits so long as he does not endanger life or property. !}. Disregard regulations govea~ning direotion of movement or turning in specified directions. (c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this ordinance, except that an authorized emergency vehicle operated ea s police vehicle need not be equipped with or display a blue light visible from in front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of sll persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety oP others. (e) The operator of a special hazard vehicle may drive or park said vehicle contrary to the provisions of this ordinance when such operation or parking is essential to public safety and does not endanger other users of the highways. ARTICLE 1;. ACCIDENTS AND ACCIDENT REPORTS SECTION 1}-1 IMMEDIATPs NOTICE OF ACCIDENT The driver oP a vehicle involved in an accident resulting in in~nry to or death oP any person or total damage to all property to an apparent extent of ($100) or more shall immediately by the quickest means oP communication give notice of such accident to the police department. The police department may require any driver of any vehicle involved in an accident of which a report must be made as required in this section, to file supplemental reports. SECTION !}-2 WREN DRIVER IINABLE TO REPORT (e) Whenever the driver of a vehicle is physically incapable oP giving an immediate notice of an accident sa required in -13- Section 4-1 and there was another occupant in the vehicle at the time of the accident capable o~ doing so, such occupant shall make or cause to be given the notice not given by the driver. <b) ~Jhenever the driver is physically incapable of making a report of an accident and such driver is not the owner of the vehicle, then the oeaner of the vehicle involved in such accident shall within 24 hours after learning of the accident make such report not made by the driver. SECTIOPI 4-3 GAiZE:GE iCEEPE~; TO EPOPT Oid ACCIDETJTS The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident resulting in damages to an apparent extent of one hundred dollars or more or struck by any bullet shall report to the police department immediately after such vehicle is received giving the license number and engine number of the vehicle and the name and address of the owner or driver of such vehicle, excepting motor vehicles to which have been affixed an official Damaged Vehicle Sticker showing the extent of damages, date of occurrence, and license number. This sticker shall remain affixed to the motor vehicle until repairs have been completed. SECTIOT7 4-4 DUTY UPON STRIKING UTdATTETVDED VEHICLE OR OTHEF; PROPERTY The driver of any vehicle cahich collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. -14- In the event such notice cannot be given, the driver shall immediately, by the quickest means available, give notice to the nearest police station. SECTIObI 4-5 FALSE L:EPOZTS F,ny person who gives information in oral or written reports as required by this ordinance knocaing or having reason to believe that such information is false shall be fined, upon conviction, not more than X500. ARTICLE 5. TRP,FFIC CONTROL DEVICES SECTION S-1 OBEDIENCE TO <=1dD REQUIT:nD TRH-;FFIC-CO[dTkOL DEVICE:i (a) The driver of any vehicle and any pedestrian shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this ordinance, unless otherwise directed by a traffic o-r police officer, subject to the exceptions granted the driver of an authorized emergency vehicle. (b) No provision of this ordinance for which devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. (c) Lhenever official traffic-control devices are placed in position approximately conforming to the requirements of this ordinance, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to the provisions of this ordinance and purporting to conform to the -15- lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this ordinance, unless the contrary shall be established by competent evidence. SECTIOiV 5-2 T.AFFI^.-COi9Ti:OL SIGNAL LEGEIdD t>henever traffic is controlled by tx•affic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors Green, :.ed and Yelloca shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follocas: (a) Green indication 1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosscaall: at the time such signal is e:chibited. 2. Vehicular traffic facing a green arrow signal, shoom alone or in combination caith another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 3. Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. -15- (b) Steady yelloca indication 1. Vehicular traffic facing the signal is thereby warned that the red or "atop" signal will be exhibited immediately thereafter and such vehicular traffic shall stop before entering the intersection when the Yellow or "Caution" signal is exhibited; provided, however, that if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection. 2. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shoom and no pedestrian shall then start to cross the roadway. (c) Steady red indication 1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection, and shall remain standing until Green or "Go" is shown alone; provided, hocaever, the driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection in obedience to a red or "stop" signal, may make a right turn but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at said intersection. The Board of Supervisors may by resolution prohibit any such turn against a red or "stop" signal at any intersection, provided a sign is erected at such intersection giving notice thereof. 2. Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red signal alone shall not enter the roadway. -17- (d) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop rewired shall be made at a silm or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. SECTIOT,T 5-3 PEDESTi`IHTQ-COTdTZOL SIGidAL3 G'henever special pedestrian-control signals exhibiting the words "Walk" or "Dott't Lla11c" are in place such signals shall indicate as follocas: (a) LTalk - Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles. (b) Don't L]alk - No pedestrian shall start to cross the roadway in the direction or such signal, but any pedestrian who has partially completed his crossing on the wa11c signal shall proceed to a sidewalk or safety island chile the don't walk signal is shocaing. SECTIOTQ 5-4 FLASHING SIGNl;LS (a) LJhenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: 1. Flashing red (stop signal) - 6:hen a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after malting a stop at a stop sign. 2. Flashing Yellow (caution sil~nal) - tlhen a yellow Lens is illuminated with rapid intermittent flashes, drivers or vehicles may proceed through the intersection or past such signal only with caution. -18- SECTIOiv Jr-5 DISPLAY O1 UNAUTHORIZED SIGi~TS, SIGNALS OR iiARriINGS (a) A?o person shall place, maintain or display upon or in vietir of any highcray any unauthorized sign, signal, mar'_cin;; or device iihich purports to be or is an imitation of or resembles an official traffic-control device or irhich attempts to direct t:he movement of traffic, or tdhic:h .hides from view or interferes irit:h t:he effective- ness of an official traffic-control device. (b) No person shall place or maintain nor shall any public authority permit upon any highiray any sign or signal bearing thereon any commercial advertising. (c) This section 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 mistaken for official signs. (d) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the County and/or District Engineer is :hereby empowered to remove the same or cause it to be removed vrit:hout notice. SECTION 5-6 INTERFERENCE ldITH OFi+~ICIAL TRAI' IC-COTQTROL DEVICES iQo person shall, t-rithout latiaful authority, attempt to or in fact alter, obstruct, deface, injure, knock down or remove any official traffic-control device or any inscription, shield or insignia thereon, or any other part thereof, ARTICLE 6. DR IVIIQG ON RIGHT SIDE OF ROADT.~AY - OVERTAIiItIG AND PA SSIDIG - USE OF ROADI°lAY SECTION 6-1 DRIVE ON RIGHT SIDE OF ROADbJAY - EXCEPTIOiQS (a) Upon all roadirays of sufficient width a vehicle shall be driven upon t:he right :half of the roadway, except as follotirst 1. GJhen overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement- -19- 2. `.7hen an obstruction exists malting it necessary to drive to the left of 'the center of the highway; provided any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; 3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or 4. Upon a roadcaay designated and signposted for one-way traffic. (b) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge or the roadway, except cahen overtaking and passing another vehicle proceeding in the same direction or cahen preparing for a left turn at an intersection or into a private road or drivec~ay. (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left o% the centerline of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (a) (2) hereof. SECTION o-2 PASSIiQG VEHICLES PROCEEDIDIG ID1 OPPOSITE DIRECTIONS 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 roadcaay as nearly as possible. _2Q_ SECTION v-3 OVE:TAKIIIG A VEHICLE ON THE LEFT The following rules shall govern the overtaking and passittg of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver or""' a vehicle overtaling another vehicle proceeding in the same direction shall pass to the lent 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) The driver of a vehicle shall not drive to the left of the center of the roadway iri overtaking and passing another vehicle pro- ceeding in the same direction, unless such lent side is clearly visible and is free from oncoming traffic, for a sufficient distance ahead, to permit such overtaking and passing to be made in safety. (c) Except Cohen overtaking and passing on the right is per- mitted, the driver of an overtaken vehicle shall give way to the •right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. SECTION 6-4 4dIiETd OVERTAKING Old THE ~:IGHT IS PERMITTED (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. 4dhen the vehicle overtaken is making or about to make a Left turn; 2. Upon a street or higheoay marked for two or more lanes of moving traffic in each direction; 3. Upon a one-way street, or upon any roadti+ay on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. SECTION 6-5 LIMITATIOIJS OP1 OVETAKING ON THE LEFT Ido vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the -21- same direction unless authorized by the provisions of this article and unless such left side is clearly visible and is free of oncoming tracfic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction before coming caithin 200 feet of any approaching vehicle. SECTIOtd 5-u FUhTHEi: LIMIT!-iTI01dS ON Di2IVIiVG TO LEFT OF GENTE:: OF ROADGlAY (a) ldo vehicle shall at any time be driven to the Lert side of the roadoaay under the following conditions: 1. k)hen approaching the crest of a grade or upon a curve in the highway where the driver 's view is obstructed within such distance as to crea te a hazard in the event another vehicle might approach from the opposite direction; 2. Gdhen approaching within LUO feet of or traversing any intersection where said approac h is designated by a solid centerline; 3. 6'hen the view is obstructed upon approaching within 100 feet of any bridle, viaduct or tunnel. (b) The foregoing Limitations shall not apply upon a one-way ro adc~ay . SE^vTIOid 6-7 NO-Pr"iSSIIdG ZOP•lES (a) The Department of Public :7ortcs and the State Department of Transportation, Highways Division, are hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway ~ou1d be especially hazardous and may by appropriate signs or markings on the roadcsay indicate such zones and when signs or markings are in place and visible to an ordinarily _22_ observant person every driver of a vehicle shall obey the directions thereof . (b) tilhere signs or markings are in place to define a no-passing gone as set forth in paragraph (a) no driver shall at any time drive on the left side o~ the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. ~ECTIOtd v-v DRIVIYIG 011 1:Or.D'v7fiY:i LeeislED FOi: Td.:yFFIC 6a'henever any roadcaay has been divided into two or more clearly marked lanes for traffic the follovaing rules in addition to all others consistent herecuith shall apply. (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safe ty. (b) Upon a roadway c~hich is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passittg another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distattce, or in preparation for making a left turn or cahere such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is pro- ceeding and such allocation is designated by official traffic-control devices. (c) Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadsuay and drivers of vehicles shall obey the directions of every such sign. (d) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway apd drivers of vehicles shall obey the directions of every such device. -7_3- SL'CTIOiI v-9 ~ OLLOi'ING TOO CL03ELY <a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor truclc or motor vehicle drawing another vehicle oaken traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtalcing and passing any 1il:e vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to alloy sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space o~ithout danger. This provision shall not apply to funeral processions. SECTION 5-10 DRIVITIG OTd DIVIDED HIG1T6dAYS ~lhenever any hi,rhway has been divided into tvao or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shalt be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. Tdo vehicle shall be driven over, across or within any such dividing; space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or inter- section as established, unless specicicaliy prohibited by public authority. -24- ATICLL' % . i:IG~IT O i7AY SECTION 7-1 VEHICLE L,PPi20i:CHITdG Oi: ETdTE.,ITdG INTEi<SECTIOI~I (a) i-.hen two vehicles approach or enter an intersection from dif~erent- highways at approximately the same time, the driver of the vehicle on the left sh"il yield the right of way to the vehicle on the right. (b) The right-of-way rule declared in paragraph (a) is modified at through highways and others-wise as stated in this ordinance. SECTIOTd 7-2 VEHICLE TU,i~1IT9G LEFT The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is crithin the intersection or so close thereto as to constitute an immediate hazard. SECTION 7-3 VEHICLE EIJTEtZING STOP Oi~ YIELD INTERSECTION (a) Preferential right of way at an intersection may be indicated by stop signs or yield signs. (b) Except when directed to proceed by a police officer or traffic-control signal, every drivFr of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 9-1 and alter having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or caithin the intersection. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sib slow docm to a speed reasonable for the existing conditions and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. Provided, however, that if such a driver is involved in a collision with a vehicle in the _Zy_ intersection, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right of way. ' SECTION I-4 VEHICLE EIdTE:ING HIGH''~TtiY F:^IOM P~;IVtHTE ROtiD Ox. Dt:IVELJAY The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on said highcaay. SECTION /-5 EPQEF.GING F1:ON 6,LLEY, DRIVE[763Y, OiZ BUILDING 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 onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway. SECTION 7-v OPEhATIOTd OF VEHICLES ON APPL:O~~CH OF AUTHOkIZED EMLF{GENCY VEHICLES (a) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the require- ments of Section 20-20 of this ordinance: 1. The driver of every other vehicle shall yield the right of cuay and shall immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the roadway Lawfully available and clear of any inter- section and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive caith due regard for the safety of all persons using the highway. -2b_ Aa2TICLE F3. TU.,NNG AIVD STATING AND SIGI~IALS Old STOPPING AND TU NIiQG SECTION E-L ~:ECUI~ED POSITION AND METHOD OF TURiVING AT INTERSECTIONS The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Rir_'ht turns - The approach nor a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. !alter entering the intersection, the right turn shall be made so as to leave the intersection in a lane LacafuLly available to traffic moving in such direction on the roadway being entered. (b) Left turns on two-way roadways - At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn 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 centerline where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centerline o% the roadway being entered in a lane lawfully available to traffic moving in such direction on the roadway being entered. L~henever practicable the 1e~t turn shall be made in that portion of the intersection to the left o~ the center or the inter- section. (c) Left turns on other than two-way roadways - At any inter- section where traffic is restricted to one direction on one or more of the roadways, the driver of a vehi cle intending to turn left at any such intersection shall approach the intersection in the egctreme left-hand lane lawfully available to trai£ic moving in the direction of travel of such vehicle and alter entering the intersection the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. _27_ (d) In all cases ~r:here official rnarlcs, buttons or suns are placed i~rithin or adjacent to an intersection, no driver of a vehicle shall execute a rnovernent at sudh intersection otheririse than as directed and required by such markers, buttons or sites, SECTION O-2 LITiITATIOPTS ON TURi~TIi?G AROUT?D (a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction (make a U-turn) upon any street in the business district, or at any intersection oa:here traffic is controlled by traffic signal lights during t:he :hours betLreen 6:00 a,m. to midnight of each day, However, idhen official signs or markings are installed diving notice thereof, U-turns shall be alloiaed in areas designated by a resolution of tho Board of Supervisors. (b) T.he driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and t-aithout interfering with other traffic, (c) T:he driver of any vehicle shall not turn so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, ~ihere such vehicle cannot be seen by the driver of any other vehicle approaching from either direction irithin five :hundred feet. SECTION S-3 STARTIPIG PAR=.ED VI~3ICLE Tdo person shall start a vehicle vrhich is stopped, standing or parked unless and until such movement can be made with reasonable safety. SECTIOtT 8-L{. TURNING T~iOVETdENT5 AND REQUIRED SIGNALS (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon t:he roads-aay as required in Section 8-l, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadiaay unless and until such movement can be made tirith reasonable safety. No person shall so turn any vehicle tirithout giving an appropriate signal in the manner :hereinafter provided. _28_ <b) A signal of intention to turn right or left when required shall be given continuously during not less than the Last 100 feet traveled by the vehicle before turning. (c) Tdo 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 when there is opportunity to give such signal. (d) The signals provided fur in Section 8-5 (b) shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. SECTION 8-5 SIGNALS BY HAND [-u~1D AR't9 OcZ SIGNAL LAMPS (a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in paragraph (b). (b) `,ny motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 21+ inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceed 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. SECTION 8-o METHOD OP GIVITQG HAND-AND-ART~1 SIGTdALS ALL signals herein required given by hand and arm shall be given from the left side of the vehicle in the follooaing manner and such signals shall indicate as follows: 1. Left turn - Hand and arm extended horizontally. 2. Right turn - Hand and arm extended upward. 3. Stop or decrease speed - Hand arm extended downward. _29_ SECTIOTd v-7 P,:.OHII3ITED LEFT 6>ND IZIGIiT TtTi1Td3 :'hen official traffic signs are posted giving notice thereof, no driver of a vehicle shall make a left or right turn. For the provisions of this paragraph, the Chief of Police may place or erect signs of a temporary nature during peak traffic hours at atty inter- section or drivecaay he may deem to be congested. r~I;TICLE 9. STOP !i'tdD YIELD IP]TEi:SECTIOTdS - SPECIAL STOPS .iECTION ~-1 STOP SIGT~IS APID YIELD SIGTdS (a) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop si~Yn shall stop before entering the crosswalk on the near side o~ the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway oahere the driver has a view of approaching; traffic on the intersecting roadcaay before entering the intersection. (b) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop Line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. SECTION 9-2 O~IEP.TAi:ING AND PASSING 3CI~OOL BUS (a) The driver of any vehicle upon meeting or overtaking from either direction any school bus o~hich has stopped for the purpose of receiving or discharging any school children and displays a flashing red signal meeting the requirements of Section 20-20 shall bring such vehicle to a stop before passing the school bus and shall not proceed past the school bus until the red flashing signal ceases operation. -30- (b) It shall be the responsibility of the driver of every school bus used for the transportation of school children to operate said red lights continuously while children are crossing to or from the school bus or at any other time when passing traffic is considered hazardous for the children. These lights need not be operated when children are not to cross the roadway, and shall not be operated when the school bus is stopped in a bus loading zone, place where traffic is controlled by a traffic officer or official traffic control signal, and while the bus is in motion. (c) The driver of a vehicle upon a highway with separate road- ways seed sot stop upon meeting or passing a school bus xhich is upon the other roadway. (d) Every school bus used for the transportation of school children shall bear upon the front and rear thereon s plainly visible sign containing the words "SCHOOL BUS" in letters not lees than 8 inches in height and in strokes not less than 1/2 inch in width, and the words "STOP ON FLASHING RED LIGHT" in letters not lase than 6 inches in height and in strokes oP not less than 1/2 inch in width. SECTION 9-3 SIGNS REQUIRED AT THROUGH STREETS Whenever any resolution of this county designates and desoribea a through street or stop intersection, it shall be the duty of the County and/or District Btsgineer to place and maintain atop and/or yield signs on each and every street intersecting such through street and at every atop intersection unless traffic at any such intersection is controlled at sll times by traffic-control signals. The County Traffic Commission may recommend when said yield signs may be substituted for atop signs. SECTION 9-4 VEHICLE ENTERIDTG STOP INTERSECTION Exeept when directed to proceed by a police officer or traffic- control signal, every driver of a vehicle approaching a atop -31- intersection indicated by a stop sign shall stop as required by Section 9-1 and after .having stopped shall yield the right of way to any vehicle which :has entered the intersection from another high- way or which is approaching so closely on said highway as to con- stitute an immediate .hazard during the time when such driver is moving across or within the intersection. SECTIOTQ 9-5 VEHICLE EAITERIA;G YIELD INTERSECTION The driver of a vehicle approaching a yield sign shall in obedience to such sign sloi~r docan to a speed reasonable for the existing conditions and shall yield the right of fray to any vehicle in the intersection or approaching on another :highway so closely as to constitute an immediate .hazard during the time such driver is moving across or within t:he intersectiony provided, :however, that if such a driver is involved in a collision with a vehicle in t:he intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of :his failure to yield right of way. SECTION 9-6 STOP I~dHEN TRAF'F'IC OBSTRUCTED No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the inter- section or crosstiralk to accommodate the vehicle :he is operating tait:hout obstructin_; the passa;e of other vehicles or pedestrians, despite any traffic-control signal indication to proceed. SECTION 9-7 TURN RIGHT APIYTIiviis !~JITH CA'QTION INTERSECTIONS ldhen official TURTT RIGHT ANYTIiiE 6JITH CAUTION signs are erected at any intersection, the driver of a vehicle may make a right turn movement without coming to a stop provided such movement is made with proper care to avoid an accident. The County Engineer or the District Engineer is authorized to erect said signs upon the advice and consent of the Traffic Commission. -32- ARTICLE 10. SPEED SECTIOid 10-1 MAXIMUM SPEED LIMIT No person shall drive a vehicle upon a highway at a speed greater than 70 miles per hour. SECTION 10-2 BASIC SPEED LA4i Subject to the limitations set forth in Section 10-1, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent under the conditions then existing. SECTION 10-3 SPEED LA4i VIOLATIONS (a) The speed of any vehicle upon a highway not in excess of the limits specified in Sections 10-4 and 10-5 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law. (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Sections 10-4 and 10-5 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditiclts then existing. SECTION lU-4 PRIMA FACIE SPEED LIMITS The following prima facie speed limits shall be in effect except where a special speed limit has been enacted. (a) Tcaenty-five miles per hour: 4dtten passing a school building or the grounds thereof, contiguous to the highcoay and posted arith a standard "SCHOOL" warning sign while children are going to or Leaving such school during opening or closing hours. Such prima facie limit shall also apply during school recesses when passing any school grounds which are not separated from the highway by a fence or other physical -33- barrier capable of restraining a child, iahile the grounds within seventy-five feet of the highway are in use by children and the highway is posted with a standard "SCHOOL" caarning sign. (b) Thirty miles per :hours In a business district. (c) Thirty-five miles per .hour: In a residential district„ (d) Fifty-five miles per :hour: On all .highways unless otherwise specified by this ordinance. SECTION 10-5 SPECIAL SPEED LIT~IITS The following prima facie speed lim:Its shall be effective when appropriate signs giving notice thereof are erected. (a) Twenty-five miles per :hour 1. All streets within the area bounded by ICamehameha Avenue, Ponahawai Street, Rinoole Street and eJailuku Drive. 2. All streets within the Lanakila Homes area, except for ICapiolani Street. 3. Pakalana Street in Honokaa from a point 400 feet mauka of hukui Street to PTamane Street. 4. Palani Road from :;uakini Highway to Alii Drive. 5. Ali i Drive from :;Cailua Tlharf to ;'aiaka Lodge. 6. Udiliwili Street from Kaumana Drive to Uluwai Street. 7. Access road to Laupahoe:hoe Beach Park. f). ICukuau Street. 9, 4amane Street from a point 400 feet `u,~aipio of Nienie Bridge to O:hia Street. 10. iJaianuenue Avenue from Kinoole Street to Iiapiolani Street. 11. iionawaena School Road from Mamalahoa Highway to the school. (b) Thirty miles per :hour 1. Haunani Road at Volcano 2. UJaianuenue Avenue from iCapiolani Street to Halai Street. -34- (c) Thirty-five miles per hour 1. [7aianuenue Ewenue from 4iaiau Street to 4iaipahoehoe Bridge lido . . 2. Manono Street from ICamehameha Avenue to Piilani Street. 3. Banyan ?rive. 4. Mamalahoa Highcaay in t,Jaimea from a point 4, 000 feet Kona to a point 5,500 feet Honokaa of the intersection of the 6?aimea to Hawi i:oad with the Mamalahoa Highway. S. The [laimea to Hawi %oad from Mamalahoa Highway to the beginning of Project F.A.P. E 11ti. v. ICuakini Highc~ay from a point SCO feet on the Keauhou side of Hualalai i.oad to Palani :.oad. 7. Hawaii Belt ::o ad from i<anoa Street to a point 200 feet Puna o:: the [laianuenue Street intersection. 3. ICanoelehua Street from 'Camehameha i.~enue to a point 500 feet south of Poolcela Street. 9. The T~iahukona to Idiulii ;..oad from a point 2,400 feet on the Mahulcona side to a point S50 feet on the Hawi side of the beginning of Project ~ 203 (Z) in Kokoiki, I<ohala . 10. The Mahulcona to Niulii o ad from the west end of the ICahei House Lots to a point 1,325 feet on the Niulii side of the Hawi i:oad Junction at Hacvi, ICohala. 11. The T4ahulcona to Niulii load from a point 350 feet on the Hawi side of the access road to ICohala High and Elementary ~~hool to a point 500 feet on the Tdiulii side of the end of Project S 203 (Z) at Kapaau, ICohala. 12. Pahoa-iialapana goad between the mal:ai end of the new segmettt and ICalapana School. 13. TCamehameha Avenue between a point 500 feet Puueo of 'rIanono Street and ICalanianaole Avenue. -35- 14. T:he Keaau to Pahoa Road from its intersection vaith the Havaaii Belt Road to a point ,3 of a mile towards Pahoa. 15. T:he Honokaa-19aipio Road t.hroug:h Camp 10. 16, T:he r>:apoho-Kalapana Roed from the I:apoho Light House intersection to C~.aimu Beach. (d) Ia'orty miles per :hour 1. Kilauea ~wenue from Lanikaula Street to Haihai Street. 2. Kame:hameha lwenue from Ponahavaai Street to a point 500 feet Puueo of Nianono Street. (e ) F'or ty-five mile s per :hour 1. 1;amalahoa Highvaay between the villages of Naalehu and hiaiohinu, 2. Volcano Road, in I4ountain Vieva, from a point 500 feet on the Hilo side of the Fulani Road to Yogi Road, 3. Volcano Road, in i~urtistown, from a point 300 feet on t:he Hilo side of the Iwasaki Camp Road to the 13z Mile Homestead Road. 4. Havaaii Belt Road, in Papaikou, from the Honokaa side of Kapue Bridge to the ICaieie Homestead Road, 5. Hawaii Belt Road, in Dlinole, from a point 420 feet from the Hamakua end of "~lail:aumalo Bridge to t:he Hilo end of SDR-3(15). 6. Hawaii Belt Road from a point 1,200 feet on the Hilo side of the I-Ionuapo Landing Road to a point 1,600 feet on the Naalehu side of the said Honuapo Landing Road. 7. Saddle Road betvaeen the Hilo Country Club road and the ilamalahoa Highway in South Kohala, 8. Hawaii Belt Road, in Papaaloa, from the Honokaa side of If.ihalani Bridge to t:he Hilo side of Moanalulu Bridge. 9. Volcano Road from IJri~ht Road to the Hawaii Volcanoes National Park boundary. -36- 10. Hacaaii Belt Road, in J:.uk_aiau Village, from a point 100 feet on the Ilonokaa side of Umiwai Bride to a point 2$0 feet on the Hilo side of l~ukaiau Ranah Road. 11. Hauaaii Belt Road, in Iona, from the end of FAP 8-G (Captain Cook) to the beginning of FAP 3-D (Honaunau). 12. Hawaii Belt Road from a point $00 feet Hamakua of the G~~ainaku cut-off road to I~anoe Street. 13. Palani Road from t:he Hawaii Belt Road to Xuakini Highway except ia;here the residential district speed limit is in effect. 14. Hawaii Belt Hoad from a point 400 feet on t:he Hilo side of the Hakalau Bride to a point 700 feet on the Hilo side of the Chin C:huck_ intersection. 1$. The tdaimea to Hawi Road from a point 200 feet Hawi of t:he access road to the Hataaii Preparatory Academy to the beginning; of Project FAP El1A. 16. iLatiaai:hae Road from t:he 1'aiaka Bridge to an existing cattleguard 4.320 feet makai on said road. 17. Hawaii Belt Road, in i<eaau, in the Hilo direction, from the ~ieaau P4i11 Road to the Slaughter House Road, 18. The Honokaa-UJaipio Road from a point where Project 5-0240(2) commences (except Camp 10) to a point 400 feet ?,iripio of iJienie Bridge. 19. Havaaii Belt Road, in Paauilo, from the Hamakuat-ii11 Company Dispensary to a point .2 of a mile Honokaa of the Paauilo Access Road. 20. I~lamalahoa HighLaay in ldaimea, from a point $00 feet Honokaa of the old CCC Camp to a point $,$00 feet Honokaa (Fukus:hima Store) of the ~jaimea to Hawi Road. 21. Niarnalahoa Highway in Keaau from Milo Street to the lower ILeaau Connection. -37- (f) Fifty miles per hour. (g) Fifty-five miles per hour. (h) S1xty miles per hour. (i) Sixty-five miles per hour. 1. Hawaii Belt Road from Peauilo to a point 1,500 feet west of the intersection oP the Honokaa Access Road (FAP S-238(1)) with the Hawaii Belt Road. 2. Hawaii Belt Road from a point 1,000 Peet west of Lehua Street to Mud Lane. 3. Hawaii Belt Road from Papa to gahuku. !}. Hawaii Belt Road from the southern boundary oP the Hawaii Volcanoes National Park to a point opposite the 50-Mile Poat. SECTION 10-6 MINIMIIM SPEED REOULATIUN (a) No person shall drive a motor vehicle at such a aloes speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) when a speed limit is set at l}0 or more miles per hour, the driver of a vehicle proceeding on such highway shall not operate his vehicle at a speed less than 15 miles per hour below the posted speed limit whenever practicable except when necessary for safe operation. ARTICLE 11. DUE CARE SECTION 11-1 DUE CARE Every operator of a motor vehicle shall exercise due care in the operation of such vehicle upon any street or highway so as to avoid endangering any person, vehicle or property on or off such street or highway. -38- 6i1ZTICLE 12. ONE WL~Y STREETS SECTION 12-1 ONE 61AY STREETS Upon a street designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. Lci:TICL~ 13. :'~iISCELLluVEOUS i2ULES SECTIOIQ 13-1 UNLaTTENDED MOTO:< VEHICLE Tdo person driving or in charge of a motor vehicle shall permit it to stand unattended crithout first stopping the engine, Locking the ignition, removing the lcey and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highc~ay; provided, however, that the requirements for stopping the engine, Locking the ignition, and removing the ignition lcey from the vehicle shall not apply to the three-wheeled motorcycle (servi-car) of the Police Department when enforcing traffic regulations. SECTIOA? 13-2 LIT~IITATIOT?S Oid B~CI:ING The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. SECTION 13-3 1~IDIIdG OI? i+IOTOi;CYCLES, MOTOi~S000TEL2S, AND BICYCLE) (a) ~=i person operating a motorcycle, motorscooter or bicycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride such vehicle unless such vehicle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for tcao persons, or upon another seat firmly attached to the rear or side of the operator. (b) No person shall operate a motorcycle, motorscooter or bicycl~a other than in single file and as close as practicable to the right- hand edge of the roadway. -39- SECTIOTI 13-4 OBSTRUCTIODI TO D=I\Tu%'S VIEt~ O~c DRIVING T~IECiiEaNISM (a) ldo person shall drive a vehicle cahen it is so loaded, or when there are in the front seat such a number of persons 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. (b) No driver shall permit a passenger to ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. SECTIOP7 13-5 OPENITQG E,hID CLOSITdG VEHICLE DOO.cS I3o person shall open the door of a motor vehicle on the side available to movinT; traffic unless and until it is reasonably safe to do so, and can be done without intererinb with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time Longer than necessary to load or unload passengers. SECTIOTd 13-u COASTITQG PROHIBITED The driver of any motor vehicle when traveling upon a down grade shall not coast *.aith the gears of such vehicle in neutral or with the clutch disengaged. SECTION 13-7 FOLL06TiT1G FIi:E l~PPl~~2ATUS PROHIBITED The driver of any vehicle other than one on official business shall not follow any ~'°ire apparatus traveling in response to a fire alarm closer than SOC feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm, or park such vehicle where it may interfere with emergency operations or the ingress or egress of emergency vehicles. SECTIOT? 13-~ CP.OSSIidG FIi::E HOSE Tdo vehicle shall be driven over any unprotected hose of a fire department when laid doem on any street or private driveway to be -4(i- used at any fire or alarm of fire, without the consent of the fire department official in command. SECTION 13-9 PUTTING GLASS, ETC. ON HIGHWAY P~;OHIBITED (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 higho~ay. Cb) ^ny person who drops, or permits to be dropped or throc0[1, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (c) 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. SECTION 13-10 SPILLING LOADS ON HIGHW~;YS PP.OHIBITED (a) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or Loaded as to prevent any of its load from dropping, sifting, ieakinb, or otherwise escaping therefrom, except that water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway. (b) No person shall operate on any high~,~ay any vehicle with any load unless said load and covering thereon is securely fastened so as to prevent said covering or Load from becoming loose, detached, or in any manner a hazard to other users o~ the highcaay. SECTIOi1 13-11 T',LCI:Ii]G i`9UD OL~ OTIiEc: P~iATE:IAL OId lIIGHWAY P;:OHIBITED No vehicle using the public highway shall track mud or dirt or other material onto the traveled portion of such highway in such quantities as will constitute a hazard, or obscure the painted pavement markings thereon. In the event that mud or dirt is unavoidably tracked onto the highcuay, it shall be the duty of the operator of the offending; vehicle to have said mud or dirt removed immediately. -~f1- SECTION 13-12 IMPROPER USE OF ROADS It shall be unlawful to operate any vehicle upon any street or highway in such a manner that the parts of the vehicle, or the load carried thereon, shall damage the road. For the purpose of this section, "damage to the road" shall be defined as such effect on the road or structures as will impair the riding qualities of the road, or require repairs in order that the anticipated life of the road or structure may not be decreased. SECTION 13-13 DUAL-WHEELED VEHICLES, OPERATION Vehicles having two or more wheels on each end of an axle shall not be moved on any public highway when rocks or any foreign materials which might be hazardous to traffic are embedded between said wheels on the moving vehicles. SECTION 13-11~ RESTRICTED USE OF HIaRWAYS BY CERTAIN VEHICLES The use of certain streets by certain classes of vehicles may be restricted ae designated by resolution oP the Board of Supervisors, and appropriate signs shall bs posted giving notice thereof. SECTION 13-15 TOWED VEHICLES (a) When one vehicle is towing another, the drawbar or other emergenoy connection shall be of sufficient strength to pull all weight towed thereby. (b) No person shall operate a train of vehicles when any trailer, semi-trailer, or other vehicle being towed whips or awervoa Prom aide to side dangerously or unreasonably or Pails to follow substantially in the path of the towing vehicle. -42- SECTIOid 1`i-lb c:EGUL~!eTIOTIS GO`JE~,T1ITdG ?u',rFIC DUI:IPSG PeOCE3SI0I1S, PL-:i~.D'ES AND 1r,C1T1E.~iLS (a) TIo person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion and cahen such vehicles are conspicuously designated as by law required. This provision shall nut apply at intersections cahere traffic is controlled by traffic control signals or police officers. (b) Tdo funeral procession, or parade that impedes the normal flow of traffic excepting the forces of L-he United States Army or Navy, the military forces of this state, and the forces of the police and fire departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply. (c) 6?. funeral composed of a procession of vehicles shall be identified as such by the display of fig hted headlamps on each vehicle, Each driver in a funeral or other procession shall drive as near to the right-hand edge oZ the roadway as practicable and follow the vehicle ahead as closely as is practicable and safe. SECTIOTd 15-17 VEHICLE SIiALL "NOT LE D::IVET7 OTd ~. SIDEtiJ.".LIC The driver of a vehicle shall not drive within any sideCaalic area except at a permanent or temporary drive:aay. SECTIOTd 13-IS UNLr",[JFUL ::IDILIG (a) No person shall ride nor shall any driver of any vehicle permit riding on any portion of a vehicle not designated or intended for the use o~ passengers. This provision shall nut apply to employees engaged in the necessary discharge of duty or to persons riding entirely ~rithin truck bodies in space intended for merchandise. (b) ido passenger shall ride nor shall any driver permit riding upon any vehicle in such a manner so as to alloca any -~53- part of his body to er.tend over the front, rear, or side of said vehicle. SECTIOTd 13-19 OBSTItUCTIOTQ OF IT~"i'EI~:;ECTIOTI (a) PIo hedge, shivbbery, fence or similar obstruction shall be maintained or permitted within a radius of thirty feet from the intersection of property lines at the corners of any street or highway intersection crhen any point on such obstruction crithin the said radius extends to a greater height than three feet above the nearest edge o.° the roadway of the abutting street. (b) The chief of Police shall cause a notice to be served upon the owner o~ occupant of all p:°ope_,ty crhere violations of this section exist, to remove such obstruction crithin one week from the service of such notice. (c) If the obstwction is not removed, or its removal is not commenced and diligently prosecuted crithin the given time, the Chief of Police shall forthwith notify the County Engineer of the Department of Public [1orlcs of said obstruction and it shall be the duty of the Department of Public ['orks to remove said obstructions. <~11 costs, sustained or incurred in the course of so removing the obstruction shall be paid by the owner, lessee, or person in control of the obstruction, and the County may institute action to recover the costs and e~:penses for the removal of same. SECTION 13-20 USE Or LOUD ;iPisl.:C;.;, Or. ?~lEG[,PIIOIQE OI`I TvIOVIIdG VEHICLE,i Pi,OHIBITCD (a) No operator of a motor vehicle shall operate, manipulate, or use a Loud speaker or megaphone when said vehicle is in motion. (b) The provisions of this section shall not apply to the driver of an authorized emergency vehicle operating during an emergency, or to a police officer in the performance of his duty, or to the passenger of a vehicle other than the driver thereof. Emergency vehicles when operating under the e: ceptions -44- -45- specified in this section, shall drive at all times with due caution and care toi th respect to the safety of others . SECTION 13-21 LOUD SPEAi~R AiTD iu.GAPHOi~TE REGULATED (a) As used in this section, loud speaker or megaphone shall mean and include any maEnifying sound instrument or device used in the production or reproduction of music, spoken taords or other sounds, or other sound amplifying device designed to enlarge the volume of sound produced by any instrument or by t:he :human voice, which instrument or device is used for the purpose of advertising or calling attention to any article, thing, or event, or for the purpose of addressing the public or of attracting t:he attention of the public; provided that these terms shall not include t:he follororing: 1. Amplifying device raithin sight-seeing cars, busses, motor coaches, or other similar vehicles, designed primarily to address passengers vrithin such vehicles, and t:he sound therefrom primarily confined within the body of such vehicles. 2. Radios and phonographs within the body of any vehicle designed for person within the vehicle, and t:he sound therefrom primarily confined withinfhe body of such vehicle. 3. Amplifying devices on all authorized emergency vehicles. (b) No person shall operate any loud spea1cer or megaphone from any vehicle on any street or :highway on Sundays, or between t:he :hours of 6:00 o'clock p.m, and 2x00 o'clock p.m, in any other day of the iaeek. (c) The Chief of Police or :his authorized representative may issue permits for t:he use of a loud speaker or megaphone from any vehicle in a parade or motorcade conducted within the period from -45- 6:00 o~clocic p,m. to 2100 o~clocl: p.m, In no event shall he issue a permit for t:he use of a megaphone or loud speaker on Sundays. SEC TIOhI 13-22 tdARNING SIGTJS REQUIRED FOR THE PROTECTION OI' klORiiINC--. T iliT? It shall be unlawful for any person or persons to wort: upon that portion of any hihway devoted to vehicular traffic, or far any governmental department, corporation, fir~~i, association, estate, or individual to permit any person or persons to so taork, unless there shall be placed in the center of the hi~htaay, or on the side of t:he roaderay, if rrorL is done ir~~rnediately adjacent to said roadway, suitable suns frith black letters not less than four inches in :height on a yellow field carrying t:he iaarning, "T~IEN i~dORT~ING", Such signs are to be placed no less than tiro :hundred feat nor more than six :hundred feet on both approaches to the place where any such person or persons is so worl.inJ9 provided, :hotirever, that betureen one-:half :hour after sunset and one-half .hour before sunrise, there shall be required on any such sign a properly lighted lantern or lamp, SECTION 13-23 WARNING SIGNS REQUIRED FOR LIVESTOC T-i0VEP4ENT Any person t~ho drives or :herds any livestocl: across a public hiL:hrray shall place warnin; signs adjacent to said public :hitrhway. Said signs shall be diamond shaped with thirty inch sides and 90° interior angles, faith black lettering not less than four inches in height on a yellocr field reading, "LIVESTOCK: CROSSING,", Said signs shall be posted immediately before and removed immediately after t:he livestock cross the :highway. In areas where the speed limit is more than 35 miles per :hour, said suns shall be posted 500 feet from the crossing point on each approach except Uihen the crossing point is clearly visible tirithin said distance. In areas where t:he speed limit is 35 miles per :hour or less, said signs shall be posted 250 feet from t:he crossing point on each (4Ea) _~ approach except crhen the crossing point is clearly visible vrithin said distance. SL~'CTIOid 13-2t} DRIVIP?G LIVESTOC`~. ALOidG HIGI3i'~AY PROHIBITED It shall be unlat~rful to drive or .herd any livestock along a public .hig:htaay for a distance of more than 500 feet measured along the centerline of the .hi~htaay. SECTIOP? 13-2~ hLE;3IPTG i~ROi:[ POLIO, OFrICPR iVo operator o.f a vehicle, after ,having received a visual or audible signal from a traff?_c officer, or police vehicle, shall knowingly flee or attempt to elude any traffic officer by eailful or wanton disregard of such signal so as to interfere r±ith or endanger t:he operation of the police vehicle, or the traffic officer or other vehicles or pedestrians, nor shall he increase the speed of :his vehicle or extinguish the lights of ,his vehicle in an attempt to elude or flee. (46b) A:TICLE 14. PEDESTRIANS RIGHTS AiJD DUTIES SECTION 14-1 PEDESTRIANS SUBJECT TO TRAFFIC CONTP.OL SIGNALS Pedestrians shall be subject to traffic control signals at intersections and other places, as heretofor provided, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in the following sections. SECTION 14-2 PEDEST:.It,d' :i i;IGHT-OF-tvAY Ii•i CROS3'v~laL.<3 (a) The driver of a vehicle shall yield the right-of-way, slocring down or stopping if need be, to so yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite hale of the roadway as to be in danger, but no pedestrian shall enter any crosswalk or part of a crosswalk vrhen vehicular traffic is so close thereto as to constitute an immediate hazard. (b) Pedestrians shall cralk briskly within a crosswalk so as not to impede the floor of vehicular traffic. SECTION 14-3 CROSSING AT OTHER THAN CttOSSWALri3 (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-r-ray to all vehicles upon the -roadoray. (b) No pedestrian shall enter upon or cross any roadway or portion of any roadoray designated by resolution of the Board of Supervisors as closed to pedestrian traffic, except within an authorized marked crosswalk, or upon a pedestrian overpass, or through a pedestrian tunnel. SECTION 14-4 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS Pedestrians shall move, whenever practicable, upon the right hall of crosswalks. -47- SECTION 11}-S PEDESTRIANS ON ROADWAYS (a) Where walkways are provided it shall be unlawful for any pedestrian to walk along and upon an adJacent roadway. (b) Where walkways are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left aide of the roadway or its shoulder facing traffic which may approach from the opposite direction. SECTION ].1}-6 PEDESTRIANS SOLICITING RIDES OR BUSINESS (a) No person shall stand in a roadxay Por the purpose oP soliciting a ride, employment or business from the occupant oP any vehicle. (b) No person shall stand on or in proximity to a street or highway Por the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. SECTION 11}-7 DRIVING THROUGH SAFETY ZONE PROHIBITED No vehicle shall at any time be driven through or within a safety zone. SECTION 11}-8 UNLAWFUL TO SIT, KNEEL, SQUAT OR LIE ON HIGHWAY It is unlawful for any person to sit, kneel, squat or lie upon any roadxay, sidewalk, or sidewalk curbing except xhen overcome by illness or in an emergency. SECTION 1!{.-9 SITTING, STANDING, OR WALSING ON RAILINGS No person shall sit, stand, or walk or aid or assist any other person to sit, stand, or walk upon the railing of any highway bridge, overpass or guardrail. -48- ARTICLE 15. OPERATION OF BICYCLES AND PLAY VEHICLES SECTION 15-1 TRAFT'IC LAWS APPLY TO PERSONS RIDING BICYCLES Every person riding a bicycle upon a roadway shall be granted sll of the rights and shall be aub3ect to sll of the duties applicable to the driver of a vehicle by this ordinance, except as to special regulations in this ordinance and except as to those provisions of this ordinance which by their nature can have no application. SECTION 15-2 RIDING ON BICYCLES (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. SECTION 15-3 CLINGING TO VEHICLES 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. SECTION 15-!} RIDING ON ROADWAYS AND BICYCLE PATHS (a) Every person operating a bicycle upon a roadway shall ride as near the right-hand aide of the roadway as practicable, exercising due care when passing a standing vehicle or one pro- ceeding in the same direction. (b) Persons riding bicycles upon a roadway shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Whenever a usable path for bicycles has been provided ad3acent to a roadway, bicycle riders shall use the path and not the roadway. -49- SECTIOid 15- 5 C:-. ~:YIidG [;I:TICL S No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping; at least one hand upon the handle bars. SECTIOP7 IS-~ SPEED Pao person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. SECTION 15-7 Pl3I:I:IIdG iVo person shall park a bicycle upon a street the roadway against the curb or upon the sidewalk the bicycle or against a building or at the curb, to afford the least obstruction to pedestrian and SECTION 15-8 LAPIPS ~aND OTi-lER E~.~UIPIvIEidT ON BICYCLI Every bicycle when in use at nighttime shall other than upon in a rack to support in such manner as vehicular traffic. ;S be equipped with a Lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from SC fezt to 300 feet to the rear cahen directly in front of 1ao~ful upper beams of headlamps on a motor vehicle. !a Lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. (b) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or cahistle. (c) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. -50- A;2TICLE 16. METHOD OP PAtu:ITuG SECTION 1v-1 STANDING Oi. Pt,.::ING CLOSE TO CUi;B Except as othercaise provided in this ordinance: (a) Every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked vrith the wheels of such vehicle parallel to and within 12 inches of the curb or wholly within a marked parking stall and headed in the direction of authorized movement. (b) F.very vehicle stopped or parked upon a highway cohere there are no curbs, shall be so stopped or parked parallel with the roadway and with all wheels entirely off the travelled way so far as the shoulder width will permit and headed in the direction of authorized movement. SECTION 15-2 SIGP?S Oi< i~1AiCINGS INDICATITQG ANGLE PAP,KING (a) The County Traffic Commission shall determine upon what streets angle parking shall be permitted. (b) It shall be the duty of the county or state highway engineer to mark or sign such areas. SECTIOD? 16-3 OBEDIENCE TO ANGLE-P6u;KIidG SIGNS Olt MAI:KINGS On those streets which have been signed or marked by the county or state highway engineer for angle parkitt~, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. SECTION 16-4 PEi.MITS FO: LOADING OIt UNLOADING AT AN ANGLE TO THE CURB (a) The Chief of Police is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. -:i1- (b) It shall be unlawful for• any permittee or other person to violate any of the special terms or conditions of any such permit. SECTION 16-5 LAMPS OTd PA:KED VEHICLES (a) G7henever a vehicle is lawfully parked upon a street or highway during the hours betiaeen a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highoray no Lights need be displayed upon such parked vehicle. (b) t!henever a vehicle is parked or stopped upon a roadcaay or shoulder adjacent thereto, orhether attended or unattended, during the hours betTreen a half hour after sunset and a half hour before sunrise and there is not sufficient Light to reveal any person or object within a distance of 500 feet upon such highcray, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one lamp shall display a white or amber light viaible from a distance of 500 feet to the front of the vehicle, and the same lamp or at least one other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle orhich is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle. (c) Any Lighted headlamps upon a parked vehicle shall be depressed or dimmed. _2_ (b) i-Jhenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle ARTICLE 17. STOPPING, STAATDING A'VD PARILING SECTIODT 17-1 STOPPING, STANllING, OR PAR~.IPTG OUTSIDE Oi~' BUSII~TESS OR RESIDENCE DISTRICTS (a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, vihet:her attended or unattended, upon the paved or main traveled part of the :highcray. This section shall not apply to the driver of any vehicle rahich is disabled while on the paved or main traveled portion of a hitht~ray in such a manner and to sudh extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such positiong provided, hoLaever, that said driver shall take reasonable precaution to prevent a collision with said disabled vehicle. SECTI011 17-2 OFr'ICERS AUTHORIZED TO RE'~OVE ILLEGALLY STOPPED VEHICLES (a) iF.henever any police officer finds a vehicle standing upon a highway in violation of any of t:he provisions of Section 17-1 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 t:he paved or main traveled part of such highway. (b) ~Jhenever any police officer finds a vehicle unattended 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 to the nearest garage or other place of safety. -53- SECTION 17-3 STOPPING, STANDIi1G 01: PARICING Pc.OHIBITED IN SPECIFIED PL[aCES (a) kept when necessary to avoid con=lict ;with other traffic, or in compliance with lacy or the directions of a police officer or official traffic-control device, no person shall: 1. Stop, stand or park a vehicle: a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; b. On a sidewalk; c . tJithin an intersection e~:cept where designated by parking stalls; d. On a crosswalk; e. LJithin or along any safety zone where official signs are erected prohibiting parking; f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; h. At any place where official sums or markings prohibit stopping. 2. Stand or park a vehicle, whether occupied or not, except momentarily to pic'.c up or discharge a passenger or passengers: a. In front of or cui.thin 4 feet of a public or private driveway; b. C'ithin 15 feet of a fire hydrant; c. t7ithin 30 feet of a marked or unmarked crosswalk, except where designated by a parking stall; d. G?ithin 30 feet of an intersection; e. t'ithin 20 feet or the driveway entrance to any fire station and on the side of a street opposite the -54- entrance to any fire station :oithin 7~ feet of said entrance (;hen properly marked); f. Glithin 75 feet upon the approach to any traffic control siT;na1 except where designated by a parking stall; g. ~.t any place where official signs or markings prohibit standing. 3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: a. at any place where official signs or markings prohibit parking. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. SECTION 17-4 PP,i2ICING NOT TO OB3Ti;UCT TZL~FFIC iVo person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available Less than 10 feet of the width of the roadcvay for free movement of vehicular traffic. SECTION 17-5 PA%KING ITd ALLEYS Alo person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such positi~~n as to block the driveway entrance to any abutting property. SECTION 17-:, Pc.iL;~IIdG FOT. CEi:TAIPS PUP~POSES P;OHIBITED No person shall part: a vehicle upon any roadcaay for the principal purpose of: 1. Displaying such vehicle for sale. -55- 2. Washing, polishing, greasing or repairing such vehicle except for repairs necessitated by an emergency. SECTION 17-7 TIME-LIMIT PARKING ZONES (s) When official signs are erected giving notice thereof, no person shall stop, stand or park s vehicle for a period of time longer than that indicated on such signs between the hours indicated on such signs of any day except Sundays and public holidays upon any street or portions thereof within the County of Hawaii. (b) The Board of Supervisors may, by a resolution adopted, dispense with the enforcement of Section 17-7(a) for a specified time in any specified time-limit parking zone, to accommodate any special event, convention, parade or other similar activity. SECTION 17-8 NO PARKING ZONES When official signs or markings give notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight upon any street or portions thereof within the County of Hawaii. SECTION 17-9 PARKING PROHIBITED DURING CERTAIN HOURS When official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any longer than is reasonably necessary to take on or discharge passengers or freight, upon any of the streets or portions thereof within the County of Hawaii, between the hours indicated on such signs, of any day, except Sundays and public holidays. SECTION 17-10 PARKING SPACES: REQUIRED PARKING THEREIN (a) The department of public works of the County of Hawaii is hereby authorized and directed to establish, mark and designate, where there is an apparent need therefor, a consecutive series of parking spaces for the parallel or angle parking of motor vehicles. -56- (b) Whenever parking spaces are so established, marked off and designated, the driver oP any vehicle, excepting only single vehicles of greater length or width, shall park such vehicle completely within a designated space. (c) In city or street blocks where parking spaces are so established, marked oPf and designated, the driver of any vehicle, excepting only single vehicles of greater length or width, shall park such vehicle completely within and only in a designated space. The provisions of this seotion shall not be applicable to vehicles parked in areas designated as freight loading zones when such parking is permitted. SECTION 17-11 ABANDONED CARS No person shall abandon any vehicles on the public highway. For the purposes of this section, leaving vehicles unattended for more than 24 hours shall constitute abandonment. Such vehicles shall be disposed of as required by Section 138-32, Revised Laws of Hawaii 1955, as amended. SECTION 17-12 REGISTERED OWNERS RESPONSIBILITY; REGISTRATION PLATE AS PRIKA FACIE EVIDENCE AS TO PARKING In any proceedings for violation of the parking provisions of this ordinance the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute in evidence a prima facie presumption that the registered owner oP such vehicle was the person who parked such vehicle at the point where, and during the time when, such violation occurred. SECTION 17-13 SPECIAL PARKING PRIVILEGES Vehicles of government agencies, public utility companies, garages, contractors, or any other person may stand and park contrary to tlae parking provisions set forth in this ordinance when the owner or operator of such vehicle holds a special permit issued by the Chief of Police granting him such privilege for a limited time. Said permit shall be either in the possession of the driver or on the vehicle at the time. It shall be unlawful for any owner or driver to violate any of the specific terms or conditions of the permit. -57- SECTION 17-11} STOPPING, STANDING, OR PARKING ON FEDERAL-AID HIGHWAYS (a) Where official signs are erected giving notice thereof, no person shall stop, stand, or park a vehicle upon any federal-aid highway, subject to the exemptions granted emergency vehicles. (b) For the provisions of subsection (a) of this section, the State Highway Y~gineer Por the County of Hawaii is hereby authorized to erect "No-parking" signs upon any portion of the said federal-aid highway where he deems it necessary. (c) No person shall park a vehicle upon any federal-aid high- way for a period of time longer than sixty minutes between the hours of 2:00 a.m. and 6:00 e.m. of any day; subject, however, to the exemptions granted emergency vehicles. (d) Where parking is permitted on a federal-aid highway, all parking shall be parallel to the pavement with all wheels entirely off the traveled way. (e) There shall be no parking on or crossing over the medials. ARTICLE 18. STOPPING FOR LOADING AND UNLOADING ONLY SECTION 18-1 STANDING IN PASSENGER LOADING ZONES No parson shall stop, atarxl, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and than only for a period not to exceed 3 minutes. SECTION 18-2 STANDING IN FREIGHT LOADING ZONES (a) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading -58- and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones a.re in effect. In no case shall the stop for Loading and unloading u materials exceed 30 minutes. <b) The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and -while actually engaged in loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials ~ohich is waiting to enter or about to enter such zone. (c) The foregoing provisions regarding freight curb loading zones shall be applicable only betcveen the hours of 8:U0 AM to 4:OC Fi of any day except Sundays and public holidays. When said provisions are not in effect, vehicles may park in freight curb loading zones unless otherwise prohibited by this ordinance. SECTION 18-3 BUSSES NOT PERMITTED TO STAND OR PARIL EfiCEPT IN OFFICIALLY DESIGNATED BUS STOP (a) The driver of a bus shall not stand or parlc such bus upon any street at any place orithin any business district other than at an officially designated bus stop. (b) The driver of a bus shall not stop, stand, or park such bus other than on the right-hand side of the roadcray upon a one-way street. SECTION 18-4 OTHE.. VEHICLES NOT TO BE PHtiKED, STOPPED O:Z PEiuviITTED TO STAidD IIQ BUS STOPS No person shall stop, stand, or par?: a vehicle, other than a bus, in a bus stop when such bus stop has been officially designated and appropriately signed, except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere crith any bus which has entered or is waiting to enter or about to enter such bus stop. -59- appropriate length and width so as to be accessible from the traffic lanes of such street. (b) No person shall park a vehicle in any such designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which such meter is Located so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked c,d.thin a single designated parking rnete-r. zone shall be permitted to occupy trao adjoining pa-rlcin~ meter spaces when coins shall have been deposited in the parking meter for each space so occupied as is required in this ordinance for the parking of other vehicles in such space. SECTION 1~-4 DEPOSIT OF COINS aND TIME LIMITS (a) Tdo person shall park a vehicle in any parking space upon a street alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a coin or coins of United States currency of the appropriate denomination shall. have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and said meter has been placed in operation. (b) Tdo person shall permit a vehicle within his control to be parked in any such parkin;; meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by signal that the lawful parking time in such space has expired. This provision shal'1 not apply to the act of parking or the necessary time which is requj.red to deposit immediately thereafter a coin or coins in such meter. -~1- (c) iJo person shall part: a vehicle in any such parking meter space for a consecutive period of time longer than that limited period oi_ time for which parking is lawfully permitted in the parking meter zone in which such meter is Located, irrespective of the number of amour~,ts of the coins deposited in such meter. (d) The provisioiZS oz this section shall not relieve any person from the duty to observe other and more restrictive provisions of this ordinance proi~ibiting or iirniting the stopping, standing, or parking of vehicles in specified places or at specified times. SECTION 19-5 USE OF SLUGS P1OHI13ITED No person shall deposit or attempt to deposit in any parking meter any slug, button or any other device or substance as substitutes for coins of United States currency. SECTION 19-u Tl~I9PEi:ING ;~ITI3 2~iETEt: Ido person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. SECTION 19-7 EaPPLICE,TION OF PROCEEDS The coins required to be deposited in parking meters as provided herein are hereby Levied and assessed as fees to provide for the purchase, rental, acquisition, supervision, collection, use, protection, inspection, installation, operation, maintenance, control and regulation of parking meters, of off street parking spaces, of the parking oP vehicles, and of other facilities and properties incidental to the regulation and control oz traffic and in promoting the safety and well being of the public in the handling of traffic upon the streets. SECTIOAI 19-5 HOUP,S OF OPE..ATION, EXCEPTIONS (a) The provisions of Section 19-4 shall be in effect between the hours of 3:OG .u's and ~s:00 PT4 on each day except Sundays and public holidays. _~~_ (b) LThenever seventy-five ('75) consecutive days have passed without a traffic fatality in this county, the chief of Police may dispense with the enforcement of Section 19-4 for one full day, other than Saturday, such date to be designated by him and be given reasonable circulation throughout the county. (c) The Board of Supervisors may, by resolution, dispense with the enforcement of Section 19-4 for a specified time in atty specified parking meter zone to accommodate any special event, convention, parade or other similar activity. Ac:TICLE 20. EQUIPiQEPdT SECTION 20-1 SCOPE AND EFFECT OF P.EGULATIONS (a) No person shall drive or move or no owner shall cause or knowingly permit to be driven or moved 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 as required in this ordinance, or which is equipped in any manner in violation of this ordinance, or for any person to do any act forbidden or fail to perform any act required under this ordinance. (b) tQothing contained in this ordinance shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this ordinance. (c) The provisions of this part with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable. SECTIOA? 20-2_ RECOPISTRUCTED, SPECIALLY COidSTi:UCTED AND HOT ROD VEHICLES (a) No person shall operate upon atty street or highway a reconstructed or rebuilt motor vehicle or a specially cottstructed - J:J - vehicle without first having obtained a permit for the vehicle from the Chief of Police. (b) Before issuinY such permit, the Chief of Police shall require a written report of inspection on such vehicle as to brakes, lights, and general •~aorking conditions, issued Uy some responsible authority designated b;' him. (c) Permits issued for the operation of reconstructed vehicles may be revoked at any time the Chief or Police has reason to believe that such vehicles are a menace to traffic. (d) The County Treasurer shall not register atty reconstructed vehicle unless the applicant has presented to the treasurer a certificate of inspection from the Chief of Police. SECTION 20-3 'vdHET3 LIGHTED LAMPS i,ZE REC~UI.2ED Every vehicle upon a highway within this County at any time from a half hour after sunset to a half hour before sunrise and at any other time Cohen, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of SOC feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required ,-or different classes of vehicles, subject to exceptions with respect to parked vehicles. SECTION 20-4 VISIBILITY" DISTL',cdCE t,ND MOUNTED HEIGHT OF LAA4PS (a) tdhenever requirement is hereinafter declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Section 20-3 in respect 'to a vehicle caithout load cahen upon a straight, level, unlighted highcaay under normal atmospheric conditions unless a different time or condition is e::pressly stated. (b) I?henever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of -Sta- such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. SECTION 20-5 HEADLAMPS ON MOTOR VEHICLES (e) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two headlamps with at least one on each aide of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this ordinance. (b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this ordinance. (c) Every headlamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlamp of not more than 54 inches nor less than 24 inches to be measured as set forth in Section 20-t}(b). SECTION 20-6 TAIL LAMPS (a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the and oP a combina- tion of vehicles, shall be equipped xith at least one tail lamp mounted on the rear, which, when lighted as required in Section 20-3, shall emit a red light plainly visible from a distance oP 1000 feet to the rear, provided that in the case of a combination of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. And further, every auc:h above-mentioned vehicle, other than a truck tractor, shall be equipped with at least two tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as herein required, shall comply with the provisions of this section. (b) Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches. -65- (c) Either a tail lamp or a separate lamp shall be so con- structed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance oP $0 feet to the rear. Any tail lamp or tail lamps together with any separate lamp for illuminating the rear registration plate shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. SECTION 20-7 REFLECTORS (e) Every motor vehicle, trailer, semi-trailer and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, txo or more red reflectors meeting the requirements of this section, except that motorcycles sad motor-driven cycles shall carry at least one such reflector; provided, however, that vehicles of the types mentioned in Section 20-10 shall b® equipped with rePiectora meeting the requirements of Sections 20-12 (a) and 20-13 (a). (b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set Forth in Section 20-~} (b), and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 3$0 feet to 100 feet Prom such vehicle when directly in Pront oP lawful upper beams of headlamps, except that visibility from a greater distance is hereinafter required oP reflectors on certain types oP vehicle a. SECTION 20-8 STOP LAMPS AND TURN SIGNALS (a) Every motor vehicle, trailer, semi-trailer and pole trailer shall be equipped with two or more stop lamps meeting the requirements of Section 20-21(e), except that motorcycles and motor-driven cycles shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps -66- on the rearmost vehicle need actually be assn from the distance specified in Section 20-21 (a). (b) Every motor vehicle, trailer, semi-trailer and pole trailer shall be equipped xith electric turn signal lamps meeting the requirements of Section 20-21 (b), except that passenger cars and trucks less than 80 inches in width, and motorcycles and motor- driven cycles, need not be equipped xith electric turn signal lamps. SECTION 20-9 APPLICATION OF SUCCEEDING SECTIONS Those sections of this article which follox immediately, in- cluding Sections 20-10, 20-11, 20-12, 20-13, and 20-14, relating to clearance lamps, marker lamps, and reflectors, shall apply as ste.ted in said sections to vehicles of the type therein enumerated, namely busses, trucks, truck tractors, and trailers, semi-trailers and pole trailers, respectively, when operated upon any highway, and said vehicles shall ba equipped as required and all lamp equipment required shall be lighted at the times mentioned in Section 20-3. SECTION 20-10 ADDITIONAL LIGHTING EQUIPMENT REQUIRED ON CERTAIN VEHICLES In addition to other equipment required in Sections 20-5, 20-6, 20-7, and 20-8 of this ordinance, the following vehicles shall be equipped as herein stated under the conditions stated in Section 20-9, and in addition, the reflectors elsewhere enumerated for such vehicles shall conform to the requirements oP Section 20-13 (a). (s) Busses and trucks 80 inches or more in over-ell width: 1. On the front, txo clearance lamps, one at each side, and three identification lamps meeting the specifications of subdivision (f). 2. On the rear, txo clearance lamps, one at each. side, and three identification lamps meeting the specifications of subdivisions (f), provided that reflectors may be used in lieu of clearance lamps on rear-end dump trucks and trucks equipped with hydraulic tailgates. -67- 9. On each side, two side marker Lamps, one at or near the front and one at or near the rear. 4. On each side, tvao reflectors, one at or near the front and one at or near the rear. (b) Trailers and semi-trailers 8C inches or more in over-a11 width: L. On the front, tcao clearance lamps, one at each side. 2. On the rear, 'two clearance Lamps, one at each side, three identific~!tion Lamps meeting the specifications of subdivision (f ?. 5. On each side, tw7o side marker lamps, one at or near the front and one at or near the rear. 4. On each side, t~~ao reflectors, otte at or near the front and one at or near the rear. (c) Truck tractors: On the front, tcao cab clearance Lamps, one at each side, and three identification lamps meeting the specifications of sub- division (f ). <d) Trailers, semi-trailers and pole trailers 30 feet or more in over-all length:: On each side, one amber side marker Lamp and one amber reflector, centrally located with respect to the length of the vehicle. (e) Pole trailers: 1. On each side, one amber side marker lamp at or near the front of the load. 2. One amber reflector at, or near the front of the load. 3. On the rearmost support for the Load, one combination marker lamp shooing amber to the front and red to the rear and side, mounted to indicate maximum width of the po]_e trailer. -JH- (f) l~Thenever required or permitted by this article, identi- fication lamps shall be urouped in a :horizontal rove, ti~rith lamp centers spaced not less than 6 nor more than 12 inches apart, and mounted on the permanent structure of t:he vehicle as close as practicable to the vertical centerlineg provided, :hoiaever, that where t:he cab of a vehicle is not more than 42 inches wide at the front roof line, a sinUle identification lamp at t:he center of the cab shall be deemed to comply .with the requirements for front identification lamps. SECTION 20-11 COLOR 0~~' CLEARANCE LAi4PS, IDENTIFICATION LAi1PS, SIDE MARI:ER LAi4PS, BAC;.:-UP LAi4PS AND REFLECTORS (a) Front clearance lamps, identification lamps aryl those marlcer lamps and reflectors mounted on t:he front or on the side near the front of a vehicle shall display or reflect an amber color. (b) Rear clearance lamps, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near t:he rear of a vehicle shall display or reflect a red color. (c) All lightin devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red or amber, and except that the light illuminating the license plate shall be white and the libht emitted by a back-up lamp shall be vJhite or amber. SECTION 20-12 PIOUNTING Oi~ REFLECTORS, CLEARANCE LAMPS Ai~ID SIDE i'~iAR;iER LAMPS (a) Reflectors vrhen required by Section 20-10 shall be mounted at a :height not less than 24 inches and not higher than 60 inches above the ground on thick the vehicle stands, except that if t:he :highest part of t:he permanent structure of t:he vehicle is less than 24 inches the reflector at such point shall be mounted -69- as high as that part of toe permanent structure r~i11 permit. The rear refiect-ors or: ~. pole trailer may be mounted on each side of the bolster or load. Arry required red reflector on the rear of a vehicle may be incorporated cri.th the t:li.l larr~}~, but: such relector shall meet all the other reflector reclu~.rer.~~n~:s of this ordinance. (b) Clearance lamps siZal_ be mounte~~ on the permanent structure of the vehicle i.a cuch. a manner as to indicate its extreme aaidth and. as near the ~:op thereof ae practicable. Clearance lamps and side marTcer lamps cnay be .:ounted in combination provided illumination is given as required herein with reference to both. SECTION 20-13 VISIBILITY c:E:;UI.EitiETQTS F0: REFLECTOP.S, CLEAP,ANCE LAMPS, IUETdTIFICATIOPI LAMPS, ATJD iKARY.E2 LAMPS (a) Every reflector upon any vehicle referred to in Section 20-10 shall be of such size and che.'racteristi_cs and. so maintained as to be readily visible at ni~;htti_ine from all distances within 600 feet to 100 feet from the vehicle when directly in front of Lawful upper beams of headlamps. Z;eflectors required to be mounted on the sides of the vehicle shat= reflect tkte required color oT light to the sides, and those mounted on the rear shall reflect a red color to the rear. (b) Front and rear clearance lamp:, and idetttification lamps shall be capable of he%.ng seat: and ~kistinguished under normal atmospheric conditions at the times lights are require d at all distances between 500 aaci 'iJ feet fron~tTre front and rear, respectively, of tte vehicle. (c) Side marker lamps shall be capable of being seen and distinguished under norma'_ atmospheric conditions at the times 1i,;hts are required at all distances between 500 and 50 feet from the side of the vehicle on e~hich mounted. SECTIOTV 20-14 OBSTIcUCTED LIG;-kPS NOT RE~UIi:ED idhenever moto.~ and other vehicles are operated in combination during the time that Lights are required, any lamp (except tail Lamps) _70_ going provisions shall not apply to a motor-driven cycle. need not be lighted which, by reason o% its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights reouired on the rear of the rearmost vehicle of any combination shall be lighted. SECTIOi`1 20-15 LAi•IPS 0;: FLE;G:i ON P;OJECTING LOAD 'whenever the load upon any vehicle extends to the rear 4 feet or more beyond the berl or body of such vehicle there shall be displayed at the extreme rear end of the Load, at the times specified in Section 20-3, two red Lamps, visible from a distance of at least 500 feet to the rear, two red reflectors meeting the requirements of Section 20-13(a), visible from the rear and located so as to indicate maximum width, and on each side one red lamp, visible from a distance of at least SOO feet to the side, located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than 4 feet beyond its rear, red flags, not less than 12 inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this section, under Section 20-3. SECTIOid 20-1u LAi+JPS OIL P~a:.I:ED VEHICLES (a) Every vehicle shall be equipped caith one or more lamps cahich, when lighted, shall display a white or amber Light visible from a distance of 1,000 feet to the front o. the vehicle, and a red light visible from a distance of 1,G00 feet to the rear of the vehicle. The location of said lamp or lamps shall alc~ays be such that at least one lamp or combination of lamps meeting the require- ments of this section is installed as near as practicable to the side of the vehicle cuhich is closest to passing traffic. The fore- going provisions shall nut apply to a motor-driven cycle. -71- (b) Whenever a vehicle is Lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient Light to reveal any person or object within a distance of 1,000 feet upon such street or higho~ay, no .Li.ghts need be displayed upon such parked vehicle. Cc) ~dhenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, ~~~hether attended or unattended, during the hours between a hale hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of L,000 feet upon such highc~ay, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a). (d) ^ny lighted headlamps upon a parked vehicle shall be depressed or dimmed. SECTIOi~ ZO-17 I,iaivlPS Oi~] FtiI;T9 T:;C,CTOi:S, Fli1~1tiT EI~UIt'MEIVT AT~D Ii~TPLEMENTS OF HUSBATVDt:Y (a) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry shall at all times mentioned in Section 20-3 be equipped ~~ith two single-beam or multiple-beam headlamps meeting the requirements of Sections 20-23 or 20-25 respectively, or, as an alternative, Section 20-27, and at least two red Lamps visible when lighted from a distance of not less than 1,000 feet to the rear; and at Least two red reflectors visible from all distances within X00 feet to 100 feet to the rear when directly in front of lawful upper beams of headlamps. (b) Every combination of farm tractor and towed farm equipment or tocaed implement of husbandry shall at all times mentioned in Section 20-3 be equipped with lanps as follows: 1. The farm tractor element of every such combination shall be equipped as required in paragraph (a) of this section. -12- 2. The tocaed unit of farm equipment or implement of husbandry element of such combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not Less than 1,000 feet to the rear, and two red reflectors visible to the rear from all distances within BOG Beet to 100 feet to the rear when directly in front of lacaful upper beams of head- lamps, 3. Said combii_ati.ons shall also be equipped with a lamp displaying a white or amber light, or any shade of color betc~een caiZite and amber, visible oahen Lighted from a distance of not less than 1,000 feet to the front. This lamp shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the combination carrying it. (c) The two red lamps anal the two red reflectors required in the foregoing paragraphs of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme caidth of the vehicle or combination car~ying them. SECTION 2U-1S LIaiKPS OTQ OTHE: VEHiCiES ~uvD EYUIPMET3T Every vehicle, including animal-dra•„m vehicles and vehicles referred to in Section 20-i., not specifically required by the provisions of this article to be equipped with lamps or other lighting devices, shall at all times specified in Section 2G-3 of this ordinance be equipped with at least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of said vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of said vehicle, or as an alternative, one _7~_ lamp displaying a. red light visible ~`_rom a distance o~ nut less than 1,000 feet to the rear and two red. reflectors visible from all distances of_ :iUO to LOC _eet to the rear when illuminated by the upper beams of headlamps. SECTION 20-19 SPOT ~u'~IPS AND AU::Il,IAnY LAMPS (a) Spot Lamps - Any rr~to~:• vehicle may be equipped csith not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that nu part of the high-intensity portion of the beam will strike the windshield or any wi.ndoc~s, mirror, or occupant of another vehicle in use. Cb) Fog lamps - nny motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and su aimed that when the vehicle is not Loaded none of the high-intensity port~.on of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used cJith lower headlamp beams as specified in Section 2C-23. (c) Auxil?_ary passing lamps -Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than 2.4 incl_cs nor more than 42 inches above the level surface upon whi.-;1~ tine vehicle stands. The provisions of Section 20-23 shay, apply to any combination of headlamps and auxiliary passing lamps. Cd) .'uxiliar~> dri_vin~ lamps - iaYCy motor vehicle may be equipped wiith not to exceed two auxiliary driving lamps mounted. on the front at a height not less than 15 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provi.siuns of Section 2G-23 shall apply Lo any combination of headlamps and auxiliary driving lamps. 74_ SECTION 20-20 AUDIBLE AND VISUAL SIGidALS ON VEHICLES (a) Only authorized emergency vehicles may be equipped with a siren. (b) Every school bus shall, and every authorized emergency vehicle may, in addition to any other equipment and distinctive markings required by this ordinance, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights Located at the same level and to the rear two alternately flashin„ red lights located at the same level, and these lights shall have sufficient intensity to be visible at 500 feet in normal sunlight. (c) Every authorized emergency vehicle except police vehicles shall be equipped with at least one flashing red light visible to the front of said vehicle for a distance of SOC feet in normal sunlight. Police vehicles shall be equipped caith at least one flashing blue Light visible to the front of said vehicle for a distance of 500 feet in normal sunlight. (d) The lighting equipment described in subsections (b) and (c) of this section shall not be used on any vehicle other than a school bus or an authorized emergency vehicle. (e) The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligati en to yield right o~ caay and stop as prescribed in Sections'-5 and 9-2 of this ordinance. (f) Every special hazard vehicle shall display flashing amber warning lamps which shall be visible to the front, sides and rear. Flashing warning lamps, when used, shall meet the current specifica- tions established by the Society of Automotive Engineers. _75_ SECTIOtd 20-21 ;iIGNi-sL L6~MPS ~'~ND SIGTdr^.L DEVICES (a) i~ny vehicle may be equipped and when required under this ordinance shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but nee3 not be ?_ncorporated with one or more other rear lamps. (b) Tiny vehicle may be equipped and when required under Section 20-8(b) shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The Lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps on vehicles 80 inches or more in over-a11 width shall be visible from a distance of not less than 500 feet i_n normal sunlight. Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than 30C feet in normal sunlight. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle. SECTION 20-22 ADDITIONLaL LIGHTING E~UIPP9ENT (a) i~ny motor vehicle may be equipped with not more than toao side cowl or fender lamps cahich shall emit an amber or cahite Light without glare. -76- (b) Tiny motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare. (c) Any motor vehicle may be equipped with one or more back-up lamps either separately or in combination with other lamps, but any such back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion. (d) ~`.ny vehicle may be equipped with lamps which may be used fur the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped may display such warning in addition to any other warning signals required by this ordinance. The Lamps used to display such ~oarning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between cahite and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall shoos simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than L,SOU feet under normal atmospheric conditions at night. (e) Any vehicle IIO inches or more in over-a11 width, ii: not othercaise required by Section 20-10, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three iden- tification lamps shocaing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in sub- division (f) of Section 20-10. SECTION 20-23 inTJLTIPLE-BEAiy ROAD-LIGHTING E4UIPMENT Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof _77_ on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between dis- tributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the iollocaing limitations: (a) There shall be an uppermost distribution of light, or composite 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 loc~ermost distribution of Light, or composite beam, so aimed and of su persons and vehicles at a distance on a straight level road under any high-intensity portion of the beam the eyes of an approaching driver- (c) Every new motor vehicle, Efficient intensity to reveal of at least 100 feet ahead; and condition of loading none of the shall be directed to striice other than a motorcycle or motor-driven cycle, registered in this county after January 1, 1952, which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be Lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted Said indicator shall be so designed and located that when lighted i_t will be readily visible crithout glare to the driver of the vehicle so equipped. SECTION 20-24 USE OF' MULTIPLE-IIE~~9 kOAD-LIGHTTiVG EQUIPMENT (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 20-3, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a sale distance in advance of the vehicle, subject to the following requirements and Limitations. Cb) Fhenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of _7g_ light, or composite beam, so aimed that the glaring rays are not projected into the eyes o~ the oncoming driver. The lowermost distribution of light, or composite beam, specified in Section 20-23(b) shall be deemed to avoid glare at all times, regardless of road contour and loading. (c) 6dhenever the driver of a vehicle approaches another vehicle from the rear, within 300 feet, such driver shall use a distribution of Light permissible under this article other than the uppermost distribution of light specified in paragraph (a) of Section 20-23. SECTION 20-25 SINGLE-BEAI~i ROAD-LIGHTING EQUIPAIEIVP headlamp systems which provide only a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1~~~2, in lieu of multiple-beam road-lighting equipment herein specified i~ the single distribution of light complies with the folloc~ing requirements and limitations: 1. The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the Light shall at a distance of ZS feet ahead project higher than a Level of 5 inches below the level of the center of the lamp from which it comes, and in no case higher than +~2 inches above the level on which the vehicle stands at a distance of 75 feet ahead. 2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at Least 200 feet. SECTION 20-26 LIGHTING E^UIPI`lENT ON yIOTOP.-DRIVEN CYCLES The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows: 1. Every said headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than 100 feet cahen the motor-driven cycle is operated at any _~~_ speed less than 25 miles per hour and at a distance of nut less L-han 200 feet cahen the motor-driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor- driven cycle is operated at a speed of 35 or more miles per hour .. 2, In the event the motor-driven cycle is equipped with a multiple-beam headlamp or headlamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Section 20-23(a) and the lowermost beam shall meet the requirements applicab]_e to a lowermost distribution of light as set forth in Section 20-23. 3. In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, said lamp o-r lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of 25 feet ahead shall project higher than the level of the center of the lamp from which it comes. SECTIOid 20-21 ALTERNATE ROAD-LIGHTIi4G E4UIPMENT Any motor vehicle may be operated under the conditions specified in Section 20-3 when equipped with two Lighted lamps upon the front thereof capable of -revealing persons and objects 75 feet ahead in lieu of lamps required in Section 7.0-23 or Section 20-25, provided, however, that at no time shall it be operated at a speed in excess of 20 miles per hour. SECTION 20-23 cJUMBEi OF' DRIVING LAi9PS tE!~UIFcED Olt PEiL'9ITTED (a) At all times spec:i_fied in Section 20-3, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. -80- i (b) Whenever a motor vehicle equipped with headlamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. SECTION 20-29 SPECIAL RESTRICTIONS ON LAMPS (e) During the times specified in Section 20-3, any lighted lamp or illuminating device upon a motor vehicle, other than head- lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam oP light of an intensity greater than 300 candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle. (b) Except sa required in Section 20-20 no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. (c) Flashing lights are prohibited except as required in Section 20-20 and authorized in Sections 20-21 and 20-22. SECTION 20-30 BRAKE EQUIPMENT REQUIRED Every motor vehicle, trailer, semi-trailer and pole trailer, and any combination of such vehicles operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this article. (a) Service brakes---adequacy - Every such vehicle and com- bination of vehicles, except special mobile equipment as defined in Section 1-39, shall be equipped with service brakes complying with the performance requirements of section 20-31 and adequate to control the movement of and to atop and hold such vehicle under all conditions of loading, and on any grade incident to its operation. -81- (b) Parking brakes---adequate r Every such vehicle and com- bination of vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which. it is operated, under all conditions of loading, on a surface free from loose material. The parking brakes shall be capable of being applied in conformance vrith the foregoing require- ments by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will nut prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism normally associated caith the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any c~ay, they shall be so constructed that failure of any one part shall not leave the velti c1e without operative brakes. (c) 3rakes on all wheels - very vehicle shall be equipped with brakes acting on all wheels except: I. Trailers, semi-trai_1ers, or pole trailers of a gross caeight not es;ceeding 3,000 pounds, provided that: a, The total weight on and including the wheels of the trailer or trailers shall not exceed 40 per cent of the gross weight of the towing vehicle when connected to the trailer or trailers, and b. The combination of vehicles, consisting of the towing ~~ehicle and its total towed load, is capable -32- of complying with the performance requirements of Section 20-31. 2. Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of Section 20-31. 3. Trucks and truck-tractors having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two ateerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck- tractors must be capable of complying with the per- formance requirements of Section 20-31. 4. Special mobile equipment is defined in Section 1-39. 5. The wheel of a sidecar attached to s motorcycle or to a motor-driven cycle, or the front wheel of a motor- driven cycle need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of Section 20-31. (d) Automatic trailer brake application upon breakaway - .Ebert' trailer, semi-trailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semi-trailer, and pole trailer with a gross weight in excess of 3,000 pounds, manufactured or assembled after July 1, 1961, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least Pif teen minutes, upon breakaway from the towing vehicle. (e) Tractor brakes protected - Every motor vehicle manufactured or assembled after July 1, 1961, and used to tow a trailer, semi- trailer, or pole trailer equipped with brakes, shall be equipped xith -es- means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. (f) Trailer air reservoirs safeguarded - Air brake systems inste.lled on trailers manufactured or assembled after July 1, 1961, shall be so designed ghat the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. (g) Txo means of emergency brake operation. 1. Air brakes. Every towing vehicle, when used to tow another vehicle equipped with air controlled brake a, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall be not lower than 20 pounds per square inch nor higher than !}5 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or meffiod of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. 2. Vacuum brakes. Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall .have, in addition to the single control device required by subsection (h), a second control device -84- which can be used to operate the brakes on towed vehic les in emergencies. The second control shall be independent of brake air, :hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure oP the pressure upon which the second control depends x311 cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. (h) Single control to operate all brakes - Every motor vehicle, trailer, semi-trailer, and pole trailer, and every combination of such vehicles, exoept motorcycles and motor-driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on tha towing vehicle. (i) Reservoir capacity and check valve 1. Air brakes. Every bus, truck or truck tractor with air operated brakes shall be equipped xith at least one reservoir sufficient to insure that, when fully charged to the maximum pressure as regulated by the air compressor governor cut-out setting, a full service brake application may be made without lowering such reservoir pressure by more than 20 per cent. Each reservoir shall be provided with means for readily draining accumulated oil or xater. 2. Vacuum brakes. Every truck with three or more axles equipped with vacuum assistor type brakes and -85- every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to insure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than 40 per cent. 3. Reservoir safeguarded. All motor vehicles, trailers, semi-trailers and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure. (~) Warnit~ devices 1. Air brakes. Every bus, truck or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below 50 per cent of the air compressor governor cut-out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. 2. Vacuum brakes. Every truck-tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with thr ee or more axles using vacuum in the operation of its brakes, -86- except those in driveaway or towaway operations, shall be equipped. with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less thatt eight inches or mercury. 3. Combination of warning devices. b]hen a vehicle required to be equipped with a warning device is equipped with both air and vacuum powe~~~for the operation of its ovm brakes or the brakes on a towed vehicle the warning devices may be, but are not required to be, combined into a single device which cai11 serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be adequate means of satisfying this requirement. SECTION 20-31 PEP,F012MAI•ICE ABILITY OF BRAI:ES Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (a) Developing a braleing force that is not Less than the per- centage of its gross eJeight tabulated herein fur its classification. (b) Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated herein for its classification, and (c) Stopping from a speed of twenty miles per hour in not more thatt the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins. Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus one per cent grade), dry, smooth, hard surface that is free from Loose material. _g7_ Braking force as a percentage o.'. gross vehicle or combination Classification of Vehicles weight Deceleration in feet per second per second Brake system application and braking distance in feet from an initial speed of 2G m.p.h. ~'. Passenger vehicles with a seating capacity of LO people or less including driver, not having a manufacturer's gross vehicle weight rating.................. 52.8% 17 25 B-1 i:11 motorcycles and motor-driven cycles ............................ 43.5% i4 30 B-2 Single unit vehicles with a manu- facturer`s gross vehicle weight rating of 10,000 pounds or less... 43.5% 14 30 C-1 Single unit vehicles with a manufacturer's gross weight rating of more than 10,00% pounds ............................ 43.5°1° 14 40 C-2 Combination of a two-axle towing vehicle and a trailer ;with a gross trailer wwei~ht of 3,000 pounds or less........... 4:;.5% 14 4G C-3 Buses, regardless of the number of axles, not having a manufac- turer's gross weight rating....... 43.5% 14 40 C-4 l~11 combinations o~ vehicles in driveaway-towaway operations...... 43.5% 14 40 D P11 other vehicles and combina- tions of vehicles ................. 43.x% 14 50 SECTIOP~ 20-32 MAIivTETVl~iCE OF BP,AKES A11 brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practical cuith respect to the wheels on opposite sides of the vehicle. .iECTIGTd 20-33 B:.~T:ES O1~ i~fOTOL:-DRIVETd CYCLES (a) The Chief of Police is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which he finds will not comply with the performance ability standard set fo rth in Section a0-31, or nn -uo- which in hi.s opinion i:; equipped with a braking system that is not so designed or constricted as to insure reasonable and reliable perfor- mance in actual use. (b) Tdo person. shall operate on any highway any vehicle referred to in this section in the event the Chief of no lice has disapproved the braking system ~.ipon such vehicle. SECTIOTI 20-3~5 HYDP.L~UL1C li'~.i~T:P. FLUID (a) The term "hydraulic fluid" as used in this section shall mean the Liquid medi.ur! through which force is transmitted to the brakes in the hydraulic Uralce system of a vehicle. (b) Hydraulic bralce fluid shall be distributed and serviced erith due regard for the afaty of the occupants of the vehicle and the public. (c) Hydraulic brake fluid shall conform to the current stan- dards and specificationc of the Society of fiutomotive Engineers applicable to such fluid. (d) TIo person shall distribute, have fo-r sale, offer for sale, or sell any hydraulic bralce ~1uid unless it complies ari th the requirements of this section. iQo person shall service atty vehicle with bralce fluid. unless it complies with the requirements of this section. SECTIOc1 2G-35 T30I:T7S E:iJD [dA°T~i?NG DEVICES (a) Every motor vehicle ~~hen 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 *he.n 20C 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 shall when reasonably necessary to insure safe operation give audible warning caith his horn, but shall not other- wise use such horn when upon a highaaay. (b) tdo vehicle si:a11 be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted herein. _89_ (c) It is permissible but not required that any commercial vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. (d) any authorized emergency vehicle may be equipped with a siren capable of emitting sound audible under normal conditions from a distance o~ not less than 500 feet and of a type approved by the Chief of Police, but such siren shall not be used except when such vehicle is operated is response to an emergency call or in the immediate pursuit of an actual or suspected violator of the laco, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians and other drivers of the approach thereof. (e) piny truci: used to haul dirt, rock, concrete, or other construction material may be equipped crith a horn, bell, or cahistle in the rear thereof, capable of emitting a sound audible under normal conditions from a distance of not less than 2U0 feet; such warning device, however, to be sounded only while the truck is backing up. SECTION 20-36 ylUFFLE~,S; P~;EVENTION OF PdOISE (a) The term "muffler" as used in this section means a device consisting of a series of ba~fle plates, or chambers, or perforated tube or tubes caith spun Mass, spun steel or other type of sandwich packing, or of other mechanical desi~m or construction, for the purpose of receiving e:~iiaust gas and controlling exhaust noise from the motor of a motor vehicle. (b) No person shall operate a motor vehicle on a public highway or street unless such motor vehicle is equipped, at all times, with a muffler or mufflers in constant operation and of such Length and size or of sufficient capacity for the motor and/or exhaust system to prevent the escape of excessive or annoying fumes or smoke, and -~~~ excessive or unusual noise. The term "excessive or unusual noise" as used in this section means, noise in excess of the usual noise which would necessarily result from the operation of a motor when reduced to the minimum by a muffler such as is defined herein. (c) Ido person shall operate a motor vehicle on a public highway or street unless the motor a_nd/or exhaust system of- such motor vehicle is properly equipped and adjusted so as to prevent the escape of excessive or annoy=ng ~=umes or smolze, and the emission of excessive or unusual noise as def,_ned herein. (d) iVo person shall operate a motor vehicle on a public highway or street with a motor and/or exhaust system which has been altered or modified to such an extent that the noise emitted by the motor and/or exhaust system thereof, shall be deemed excessive or unusual as defined herein, or equipped with a dummy muffler, cut-out, by-pass or other similar device. SECTIOid 20-37 ?;I~SOkS Every motor vehicle shall be equipped with a mirror or mirrors 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. SECTIOI~1 20-s3 IJZPIDSIiIELDS NNST BE UidOBSTRUCTED laidD ECUIPPED 6;ITH [7IPEI:S (a) IJo person shall drive any motor vehicle caith any sign, poster, or other non-transparent material upon the front windshield, side wings, or side or rear windo;as of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway. (b) Posters or stickers approved by the Chief of Police shall be placed at the loner right hand corner of the front windshield of a left-hattd driven motor vehicle or at the Lower left-hand corner of the front windshield of a right-hand driven vehicle. However, such posters or sticlzers so placed shall not cover an area greater than four inches by si:~ inches, except ror non-residence permits or for military requirements, in cahich cases an additional area four and one-half inches by si}. inches may be used. `Jl- (c) No person shai_1 drive any motor vehicle caith any non- transparent material_ or object suspended within the windshield area as viewed from the driver's seat, nor shall any person drive any motor vehicle upon the hood or radiator of which is attached any fixture or ornament of any material which vibrates, swings, or flutters within view of the driver of said vehicle. (d) The c~indshield on every motor vehicle shall be equipped with a device for cleaning rain or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (e) Every windshield wiper upon a vehicle shall be maintained in good working order. SECTIOI~l 20-39 tCTPIDSIiIELDS, FEI1DEi.,^; ~,idD BUMPE~.S c:E~UIP.ED OPT lsLL VEHICLES very motor vehicle upon a highway, excepting a motorcycle or motorscooter, shall be equipped with a windshield and front and rear bumpers. In addition, every motor vehicle upon a hi;;hc~ay shall be equipped with fenders for all wheels. [here the type of vehicle and the usage of the vehicle make the foregoing equipment impractical, such equipment may be eliminated upon approval of the Chief of Police. SECTIOPT 20-40 PIUDGUt;~tDS REQUII:ED Ido person shall operate on any highway any motor vehicle, trailer, or semi-trailer unless equipped with fenders, covers or devices, in- cluding flaps or splash aprons or unless the body of the vehicle or attachments thereto afford adequate protection to effectively minimize the spray or splash of caater or mud to the rear of the vehicle . SECTIOiI 7_0-41 ~.ESTi2ICTI0IdS fcS TO TI~;E EQUIPNiEP1T (a) Every motor vehicle shall be equipped with tires of adequate capacity to support its weight, including load. (b) No motor vehicle shall be operated on tires which have been scorn so smooth as to ez:pose any tread fabric or which have any defects likely to cause failure. _92_ (c) Every solid rubber ti re on a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the flange of the entire periphery. (d) i3o person shall operate or move on any highway any motor vehicle, trailer or semi-trailer having any metal tire in contact cuith the roadcaay. (e) i!o tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other pro- tuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances cahich will not injure the hi~hcaay, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety. (f) The State ~tighway Engineer or his representative in the case of state highways or the Chief Engineer, Department of °ublic :7or!cs of this county, in the case of county highways, may in their discretion issue special permits authorizing the operation upon a highway of traction engines of tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would othercaise be prohibited under this section. SECTIOtd 20-42 SAFETY GLEZID!G i'96.T;~icIAL IN tiYOTOP. VEHICLES (a) No person shall sell any new motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered thereafter unless such vehicle is equipped with safety glazing material of a type meeting the current specifications of the Society of E:utomotive Engineers wherever glazing material is used in doors, csindows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, includint; passenger buses and school buses, but in respect to tructcs, including trucle _%~- tractors, the reouirements as to safety glazing material shall apply to all glazing material used in doors, windows and c~indshields itt the drivers' compartments of such vehicles. (b) The term "safety glazing materials" meatts glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazinE materials Cohen they may be cracked or broken. (c) Tdo person shall operate a motor vehicle which is equipped with safety gla~in~ material which is shattered or broken. SECTIOid Z^_-Lf3 CEI,TAIT~I VEIiICLL3 TO Cl.~;~Y PL!-~~E:i 0!: OTidEl: 176~i2TdI'tdG DEVICES (a) Ido person shall operate any motor truck, passenger bus or truck tractor, or any motor vehicle towing a house trailer at any time Pram a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle the following equip- ment evicept as provided in paragraph (b): L. !at least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than X00 feet under normal atmospheric conditions at nighttime. Tdo flare, fusee, electric lantern or cloth warnin i'1ag shall be used for the purpose of compliance with the requirements of this section unless such equipment meets the current specifications of the Society of Automotive Engineers. ido portable reflector unit shall be used fur the purpose of compliance with the require- ments of this section unless it is so designed and constructed as to include tcoo reflecting elements one above the other, each of which shall be capable of -9is- reflecting red light clearly visible from all distances within :500 feet to 10 feet under normal atmospheric conditions at night when directly in front of lawful upper beams of headlamps, and unless it is of a type which meets the current specifications of the Society of Automotive Engineers. 2. At least three red-burning fusees unless red electric lanterns or red portable emergency reflectors are carried. 3. At least two red-cloth flags, not less than 12 inches square, crith standards to support such flags. (b) iVo person shall operate at the time and under conditions stated in paragraph (a) any motor vehicle used for the transportation of explosives, any cargo tanl: truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in such vehicle three red electric lantex-ns or three portable red emergency reflectors meeting the requirements of paragraph (a) of this section, and there shall not be carried in any said vehicle any flares, fusees, or signal produced by flame. SECTIOA? 20-44 DISPLAY OF j~AZI?IIQG DEVICES G7HETvT VEHICLE DISABLED (a) ^henever any motor truck, passenger bus, truck tractor, trailer, semi-trailer or pole trailer, or any motor vehicle tooting a house trailer, is disabled upon the traveled portion of any highway or the shoulder thereof at any time when lighted lamps are required on vehicles the driver of such vehicle shall display the follocaing warning devices upon the highway during the time the vehicle is so disabled on the highway e..cept as provided in paragraph (b). 1. Alighted fusee, a lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side o~ the vehicle in the direction of the nearest approaching traffic. -95 - 2. As soon thereafter as possible but in any event within the burning period of the fusee (1~ minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted red electric lanterns or three portable red emergency reflectors on the traveled portion of the highway in the following order: a. One, approximately 100 feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane. b. One, approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle. c. One, at the traffic side of the disabled vehicle not less than 10 feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph a of this secti rn, it may be used for this purpose. (b) L~henever any vehicle referred to in this section is disabled within 500 feet of a curve, hillcrest or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case Less than 100 feet nor more than 500 feet from the disabled vehicle. (c) 47henever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in paragraphs (a) and (e) of this section shall be placed as follows: One at a distance of approximately 200 feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane; one at a distance of approximately 100 feet from the vehicle, in the center of the lane -96- occupied by the vehicle and in the direction of traffic approaching in that Lane; one at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic . (d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof at any time vahen the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display tcao red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately 100 feet in advance or the vehicle, and one at a distance of approximately 100 feet to the rear of the vehicle. Ce) :lenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this county at any time or place mentioned in paragraph (a) of this section, the driver of such vehicle shall immediately display the following warning devices: One red electric lantern or portable red emergency reflector placed on the roadway at the traffic side of the vehicle, and two red electric lanterns or portable red reflectors, one placed approximately LOC feet to the front and one placed approximately 100 feet to the rear of this disabled vehicle in the center of the traffic lane occupied by such vehicle. Flares, fusees or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this paragraph. (f) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section shall conform with the requirements of Section 20-43 applicable thereto. _97_ SECTION 2~-45 VEHICLES T~:ANSPO~tTING EJ:PLOSIV ES Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section. (a) Said vehicle shall be marlced or placarded on each side and the rear with the word "Explosives" in letters not less than 8 inches high, or there shall be displayed on the rear of such vehicle a red flag not less than 24 inches square marked with the coo rd "Danger" in white letters G inches high. (b) Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. SECTION 20-4~ AIR-CONDITIONING EQUIPMENT (a) The term "ai-r-conditioning equipment" as used or referred to in this section shall mean mechanical vapor compression refrigera- tion equipment which is used to cool the driver's or passenger compartment of any motor vehicle. (b) Such equipment shall be manufactured, installed and main- tained with due regard for the safety of the occupants of the vehicle and public and shall not contain any refrigerant which is toxic to persons or which is flammable. (c) Such equipment shall conform to the current recommended practice or standard applicable to such equipment approved by the Society of Automotive Engineers. Cd) No person shall have for sale, offer for sale, sell or equip any motor vehicle with any such equipment unless it complies caith the requirements of this section. (e) Tdo person shall operate on any highway any motor vehicle equipped with any air-conditioning equipment unless said equipment complies with the requirements of this section. _ s~8_ ARTICLE 21. ITd3PECTION OF VEHICLES SECTIOTd 21-1 VEHICLES G!ITHOUT £cEQUITZED ECUIPMENT 6TZ IN UNSliFE CONDITIOi~? No person shall drive or move on any highway any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof, unless the equipment upon any and every said vehicle is in good working order and adjustment as required by law and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. SECTIOPd 21-2 ITdSPECTIOT~S 3Y OFFICE::3 OF THE POLICE DEPAi;TiiEDTT (a) The Chief of Police or authorized officers of the police department may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate. (b) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the police department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of inspection and approval be obtained within five days. SECTIOTd 21-3 OGo'NE:S AND DT.IVERS TO COiKPLY 47ITH INSPECTION itE(.UIREMENTS (a) Tdo person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the Chief of Police or an authorized officer of the police department. (b) Every owner or driver, upon receiving a notice as provided in as"ection 21-2 of this ordinance, shall comply therewith and shall -within s"ive days secure an official certificate of inspection and approval which shaL1 be issued in duplicate, one copy to be retained _c:c _ by the owner or driver and the other copy to be forwarded to the police department. (c) No person shall operate any vehicle after receiving a notice with reference thereto as above provided, except as may be necessary to return such vehicle to the residence or place of business of the owner or driver, if within a distance of twenty miles, or to a garage, until. such vehicle and its equipment have been placed in proper repair and adjustment and a certificate of inspection and approval has been obtained. <d) In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner or driver of said vehicle may obtain such repair or adjustment at any place he may choose, but in every event an official certificate of inspection and approval must be obtained, otherwise such vehicle shall not be operated upon the high says of the county. Ce) registered owner's responsibility; registration plates as prima facie evidence as to inspection of vehicles. In any proceedinb for violation of the provisions pertaining to inspection of motor vehicles as described in this ordinance, the serial number displayed on the registration plate attached to the vehicle involved in such violation shall constitute a prima facie presumption that the registered owner of such vehicle was responsible for the vehicle violating the provisions at the point where and during the time when such violation occurred. SECTION 21-4 PEZIODICAL INSPECTIONS (a) At least once each year every vehicle, trailer, semi-trailer, and pole trailer registered in the county shall be inspected and an official certificate of inspection attd approval shall be obtained for each such vehicle. Every motor vehicle which has been properly inspected and has received a certificate of inspection shall display a valid safety sticker in compliance with the provisions of Section 2G-38(b). -1GU- Such inspections shall be made and such certificates obtained with respect to the mechanism, brakes, and equipment of every such vehicle as shall be designated by the Chief of Police. The official inspection period shall begin on January 1 and terminate on T4arch 31 of each year. (b) iKotor vehicles under the jurisdiction of the Public Utilities Commission and bearing a valid safety sticker issued by the said commission or its agents shall be e3:empt from the provisions set forth in this section. SECTION 21-5 l~.PPOINTT~1Ei'1T OF OFFICIAL ITdSPECTIOTd STATIONS (a) The Chief of Police shall issue permits for and furnish instructiotts and all forms to official inspection stations for the inspection and adjustment of brakes, wheel alignment, Lighting equipment, steering mechanism, horns, mirrors, crindshield wipers and other equipment of motor vehicles, trailers and semi-trailers. (b) Application for such permit shall be made upon an official form and shall be granted only when the Chief of Police is satisfied that the station is properly equipped and has competent personnel to make such inspections and adjustments. Before issuing a permit, the Chief of Police may require the applicant to file a bond conditioned that it caill make compensation for any damage to a vehicle during an inspection due to negligence on the part or such applicant or his employees. (c) The Chief of Police shall supervise and cause inspections to be made of such stations and shall revoke and require the surrender oL- the permit issued to a station which he finds is nut properly equipped or conducted. (d) No permit for an official inspection station shall be issued to said station without the following equipment: Headlight testing machine and a wheel alignment gauge or tester as approved by the Chief of Police. -101- SECTION 21-u OPEi;[.TIOT~i OF OFFICIAL IIQSPECTIOId STATIONS (a) Tdo permit for an official station shall be assigned or transferred or used at any location other than therein designated and every said permit shall be posted in a conspicuous place at the location designated. (b) Only persons authorized by the Chief of Police may conduct motor vehicle safety inspections. Only upon determination that the vehicle inspected is in good working condition, properly adjusted, and Sail, shall the said person affi,: an official safety sticl:.er to the windshield thereof. h report on each inspection conducted shall be made to the Chief or Police as soon thereafter as practicable. (c) The person operating an official inspection station may charge a fee of not more than Two Dollars ($2.00) for an inspection regardless of whether a certificate of approval is issued. SECTIOTd 21-7 IMP::OP?;i; ~;EPI:GSENTATIOT~ AS OFFICIAL INSPECTIOTQ STATIOTJ (a) No person shall in any manner represent any place as an official inspection station unless such place is operating uttder a valid permit issued by the Chief of Police. (b) i~7o person other than a person operating an inspection station under a valid permit shall issue a certificate of inspection and approval. SECTION 21-II FALSE CEa:TIFICATES (a) No person shall make, issue, or Icnocaingly use any imitation or counterfeit of an official certificate of inspection and approval. (b) No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the same to be fictitious or issued for another vehicle or issued without an adequate inspection having been made. AZTICLE 22. PETIALTIES E;ND PROCEDPJI:ES SECTIOP•T 22-1 SUyII~ONS OI: CITATION There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those -102- traffic laws which do not mandate the physical arrest of such violators. SECTIOP? 22-2 3EVEi~~BILITY If any provision of this ordinance is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. SECTIOIT 22-3 PEidALTIES Any person convicted of a violation of any section or provision of this ordinance shall be punished by a fine of not more than five hundred dollars ($500). Ev.;TICLE 23. EFFECT AND SHORT TITLE SECTIOtT 23-1 EFFECT OF HE[;DIiVGS Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section hereof. SECTION13-2 SHOiZT TITLE This ordinance may be cited as the Traffic Code. SECTIOFI 23-3 ORDIIdAIdCE NOT ETI;0<'~CTIVE This ordinance shall not have a retroactive effect and shall not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgment arising there from, or to any violation of the motor vehicle laws of this county, occurring prior to the effective date of this ordinance. SECTION 23-4 CONSTITUTIONALITY If any part or parts of this ordinance shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this ordinance. The Board of Supervisors hereby declares that it would have passed the remaining parts of this ordinance if it had kno~m that such part or parts thereof cTOUld be declared unconstitutional. 103 _ SECTION 23-5 REPEAL Ordinances 25 and 26 and all amendments thereto are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. SECTION 23-6 TIME OF TAKING EFFECT This ordinance shall take effect from and after the 5th day of October 19 66 , INTRODUCED BY: ;~ • , ~ _•l - ----- ~ ~-~ " X12 .(~c~/ Supervis 1st Senatorial -~ District. Hilo, Hawaii Date of Introduction: September 7, 1966 Date of First Reading: September 7, 1966 Amended: September 21, 1966 Date of Adoption: October 5, 1966 -104-