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Home My WebLink AboutORD 1967-039 '~' ~. COUNTY OF HA~~IAII - STATE OF HAV'JAII ORDINANCE NG. _~9 AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC £~TREETS AND HIGHVVAYS OF THE COUNTY 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 ire 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 t:he use of non- passenger vehicles carrying goods or merchandise to or from premises having service entrances located on such thoroughfare. SECTION 1-3 ARTERIAL STREET Any U. S. or State numbered route, controlled access highway, or other major radial or circumferential street or highway forming a part of a major arterial system of streets or highway. SECTION 1-4 AUTHORIZED EMERGENCY VEHICLE Vehicles of the fire department, police vehicles while in the course of police work, and ambulances. Included also shall be such emergency vehicles as are designated cr authorized by the Board of Supervisors. SECTION 1-5 BICYCLE Every device propelled by human power upon which any person .. ay ride, having two tandem wheels and including any device yenerally recognized as a bicycle though equipped. with two front or two rear wheels. nom. x. ~~ ru• x.. 1L. ~. llo. ---.-..~..~~,n rep: 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, desiUnod and used for t:he transportation of persons for compensation. SECTION 1-7 BUSINESS DISTRICT T:he territory contiguous to and including a:highway when within any 600 feet along such :hi~hvaay 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 :highway. SECTION 1-8 CONTROLLED-ACCESS HIGH[dAY Every :highway, street or roadway in respect to which owners 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 such manner as may be determined by t:he public authority :having juris- diction over such:hi~hway, street or roadway. SECTION 1-9 COUNTY ENGINEER T:he Chief Engineer of the Department of Public Iiorks of the County of Hawaii. SECTION 1-10 CROSS 1rdALtt (a) That part of a roadway at an intersection included within t:he connections of the lateral lines of t:he sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of t:he traversable roadwayy (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on t:he surface. SECTION 1-11 DISTRICT ENGINEER The Chief Engineer in the County of Hawaii. of the Highways Division of the State Department of Transportation. -z- SECTION 1-12 DIVIDED HIGH°~AY A :highway divided into two or more separate roadways by medial strips. SECTION 1-13 HIGH6JAY 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 T.he area embraced within t:he 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 '.highway includes two roadways (30)Feet or more apart, then every crossing of oac:h roadway of sudh divided :highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways (30) feet or more apart, then every crossing of two roadways of suc:h:highways 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 the definition of 'motorcycle', including motor-driven bicycles, and propelled by a motor which produces not more than 5 :horsepower. SECTION 1-18 OFFICIAL TRAFr^IC-CONTROL DEVICES All signs, signals, markings and devices not inconsistent with -3- this ordinance ~~laced or erected by authority of a public body or official havin; ;urisdiction, for the purpose of regulating, warning or gr ding trai'fic. SECTION 1-19 O'''~NAi'(,i? Ok ])kiT~?7k Every person who drives or is '.n actual physical control of a vehicle, or who is exerc:i.sing control over or steering a vehicle being towed by a motor vehicle„ SECTION 1-20 OWNI]k A person, ot~er than a lien-holder, having the property in or title to a venicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. SEC'I'ION 1-21 PARK Jk ?AitKING deans the standing oi' a vehicle, whether occupied or not, otherwise than temporarily for the purpose of :and while actually engaged in loading or unloading merchandise or passengers. SECTION 1-22 P~+.SSENGEii CAk every motor vel;icle, except motorcycles and motor-driven cycles, designed and used fox• the transportation of persons. SECTION 1-23 YEDESThIAN Any person afoot. SECTION 1-24 YEkSON Every natural person, firm, copartnership, association or corporation. SECTION 1-25 POLE TkAIi,Ek Every venicle without motive power desi~*ned to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed <ir otherwise secured to the towing vehicle, and ordinarily used for transporting l.on,- or irregularly shaped loads such as poles, pipes or structural. members capable, _4~ 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 rebulat:ions. SECTION 1-27 PRIVATE ROAD OR DRIVEWAY Every way or place i.n private ownership and used for vehicular travel by the o~rr_er and those having express or implied permission from the owner, but not by other person:. 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 whioh 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 T:he territory contiguous to anc~. including a :highway not com- prising a business district Shen the property on such highway for a distance of one-quarter mile or more is in t:he main improved crith residences or residences and buildings in use for business. SECTION 1-31 RIGHT OF bJAY 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 the weight of a vehicle ar load so drawn. SECTION 1.-33 ROADLiAY That porticn of a highway irnproved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway ir_cludes 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 1-3I} SAFETY ZONE The area or space officially set apart within a roadway for the exclusive use of pedestrians and vahich is protected or is so marked or indicated by adequate signs as to be plainly visible at all times orhile set apart as a safety zone. SECTION 1-3$ SCHOOL BUS Every motor vehicle owned by a public or governmental agency and operated for t:he 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 SEMI TRAILER Every vehicle w;.th or without motive potiaer, other than a pole trailer, designed for carrying persons or property and for beinE drawn by a motor vehicle and so constructed ghat some part of its weight and ghat of its load rests upon or is carried by another vehicle. SECTIOD? 1-37 SIDEUJAL,`: That portion of a street between the curb lines, or t:he lateral lines of a roads-aay, and t:he adjacent property lines, intended for use of pedestrians. SECTION 1-38 SOLID TIRE Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. -6- SECTION 1-39 SPECIAL DiOBILE EQUIP1iENT Every vehicle not designed or used primarily for the transporta- tion of persons or property and only incidentally operated or moved over a :highway, including but not limited to: ditch diging apparatus, trell boring apparatus and road construction and maintenance machinery such as asphalt spread.ors, bituminous mixers, bucket loaders, tractors other than truci; 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 trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for t:he trans- portation of persons or property to ti~ihic:h mac.h:inery :has been attached. SECTION 1-40 SPECIAL HAZARD VEHICLES Types of vehicles w:hic:h are engaged in activities which create spacial :hazards upon the .highways including :hiE;hway maintenance vehicles used by :hightaay authorities when working on t:he:highway, public utility vehicles taken necessarily par ked other than adjacent to the curb in a :hightaay for purposes of worlcin~ on facilities, trucks actually engaged in the touring of :houses or buildings, any pilot car required by permit issued by hightiray authorities while actually en~a~ed in the movement of extralegal-size vehicles or loads, totir cars trhile preparing a vehicle for towing and tahile touring a disabled vehicle, vehicles used for mosquito abatement control when dispersing insecticides and other vehicles creating special :hazards vihich may be designated by the Chief of Police. SECTION 1-41 SPECIALLY COD?STRUCTED VEHICLE Every vehicle of a type required to be ree;istered and not originally constructed under a distinctive name, make, model or type by a jenerally recojnized manufacturer of vehicles and not materially altered from its original construction. -?- SECTION 1-42 STAND t:' STANDING I~:eans the haltin, of a vehicle, whether occupied or not, otherwise tnan temporarily for the purpose of and while actually engaged in receiving or discharging passengers. SECTIUN 1-43 S'IOi' When required means comalete cessation from movement. SECTION 1-44 ST O{' OK ST01'PING When prohibited ~~~eans any pelting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or iri compliance with the directiebns of a_police officer or traffic-control sign or signal. SECTION 1-45 STREET The entire width between boundary lints of every way publicly maintained when any nart,y thereof is open to the use of 'the public for purposes of vehicular travel. SECTION 1-46 TAXSCAB A chauffeur driven vehicle other than a bus or tour vehicle, available for hire and/or while carryin,_ passengers for a fare. SECTION 1-4? THROUGi{ HIGF(WAY Every highway or portion thereof on which vehicular traffic is given preferential right of wa,, and at tree entrances to which vehicular traffic from intersecting highways is required by law to yield right of wa1- to vehicles on such throu;n highway in obedience to either a stop sin or a yield sign, when such signs are erected as »rovided in this ordinance. SECTION 1-48 TOUR VEY{ICLE A chauffeur driven passenger vehicle other than a bus operated for the principal purpose of siht-see{n~; tours. SECTIUN 1-49 TF.AFFIC Pedestrians, ridden or herded animals, vehicles, and other conveyances either sin;;ly or to~t;;er :chile usn;; any highway for purposes of travel. -3- SECTIOD? 1-50 TRAPi IC-COi`TTROL SIGPTAL Any device, i~ihether manually, electrically or mechanically operated, by tr:hich traffic is alternately directed to stop and permitted to procoed, SECTIOT,? 1-51 TRAILE% Every vehicle with or irithout motive pourer, other than a pole trailer, designed for carrying persons or property and for being dravrn by a motor vehicle and so constructed that; no part of its ti+reig:ht rests upon the to*.-ring vehicle. SECTION 1-~2 TRUCh Every motor vehicle designed, used or maintained primarily for the transportation of property. SECTION 1-53 TRUCi~ 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 t~rei~ht of t:he vehicle and load so draorn. SECTION 1-5t} VEHICLE Every device in, upon or by e*hidh any person or property is or may be transported or dratan upon a :highway. ARTICLE 2. ADI•TINISTRATIOTQ SECTIOIQ 2-1 BOARD OP SUPERVISORS TO EXERCISE CERTAIN ADiTIP1ISTRATIVE FUNCTIOA?S BY RESOLUTION T:he Board of Supervisors shall by resolutiono (a) Determine and designate the type of all official traffic control devices; provided, such official traffic control devices shall be uniform, shall correlate with and conform to, t:he system then current, as approved by t:he American Association of State Highway Officials. (b) Create, deg°ine, redefine, eliminate or change all safety zones, quiet zones, crosswallts other than at intersections, freight _o_ and passenger loading and unloading; zones, no-parkin;; zones, time- limit parking zones, U-turn areas, prohibited U-turn areas, prohibited left and ri6ht turns, one-fray streets, throu;~h streets, stop inter- sections, roadways closed to pedestrian traffic, and roadtiaays 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, signals and marlcin~s 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, signs, signals and markings, and subject to said Section 2-1 of this ordinance the District Engineer shall, on State maintained highways, place and maintain official traffic control devices, suns, signals and markings con- sistent vrit:h standards approved by the American Association of State Highway Officials. All devices, signs, signals and markings required for the purpose of traffic control shall be uniform as to type and location throughout the county. SECTION 2-3 EP4ERGETdCY AIdD EXPERIT~EidTAL REGULATIONS AND POSTING OF SIGNS (a) T:he Chief of Police is .hereby empoi•rered to make regulations necessary to make effective the provisions of the traffic ordinances of the County of Hacaaii and to malte and enforce temporary or experimental regulations to cover emergencies or spocial conditions, and to post signs pertaining thereto. PTO such temporary or experimental regulation shall remain in effect i°or more than 90 days. -10- • (b) The Department of Police and the Department of Public Works of the County of iiawaii may test traffic-control devices under actual conditions of traffic. • ARTICLE 3. EN ORCERENT. AND OBEDIENCE TO TRAFFIC REGULATIONS SECTION 3-1 AUT .iURITY OF POLICE AND FIRE DEPARThJ TT OFFICIALS (a) It shall be the duty of the officers of the police depart- ment or such officers as are assigned by the Chief of Police to enforce all street traffic laws of this county and all of the State vehicle laws 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 signal in conformance with traffic- laws; provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Ufficers of the fire department , when at the scene of a • fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. • SECTION 3=2 REQUIRED OBEDIENCE Ti; TRAFFIC LAWS Any person doing any act 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 OFT+ICIALS No person shall fail to comply with any lawful order or direction of a police officer or fire department ' official.. • -11- SECTION 3-4 PExSC:NS ANIDIAA S OR DRIVING ANIMAL-DKAFSTN V, iICLES 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 anolicable 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 US.0 OF COASTERS , ROLLER S.VAT ES Al 'SIKILAAR DEVICES �,�� t,- ,tom.-. kESTkICi�,Ji No person upon roller skates, or riding in or by means of any coaster, toy vehicle, 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 subject to all of the duties a mlicable to pedestrians. SECTION 3-6 PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS Tne provisions of this ordinance shall aooly to the operator of any vehicle owned by or used in the service of the United States Government, the State of i�.waii, or the County of and it shall be unlawful for any driver or operator of any government vehicle to violate any of the provisions of this ordinance, except as otherwise .permitted by this ordinance, or by Federal or State law. SECTION 3-7 AUTHORIZED F'iERGENCY AND S. ECIAL HAZARD VEHICLES (a) The driver of an authorized emergency vehicle, when res- ponding to an emergency call or when in the pursuit of an actual or suspected violator of the law or wslen 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 tine provisions of this ordinance; 2. :=roceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; -12- 3 . Jxceed the maximum speed limits so lon as he does not endanger life or property. 4. Disregard regulations governing direction 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 ef.,:.ergency vesicle operated as a police vehicle need not be equipped with or display a blue li ut visible from in front of tale vehicle. (d) The foregoing provisions shall not relieve the driver of • an authorized emergency vehicle from the duty to drive with due regard for tae safety of all persons , nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (e) Tne operator of a special hazard vehicle may drive or nark 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 tue highways. ARTICLE 4. ACCIDENTS AND ACCDEZT kEnRTS SECTION 4-1 ThILEDIATE NOTICE OF ACCIDENT Tie driver of a vehicle involved in an accident resulting in injury to or death of any person or total damage to all property to an apparent extent of ($100) or more shall immediately by the quickest Means of communication give notice of such accident to the f.lolice 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 4-2 ..'YS N .L .IVER UNABLE TO REPORT (a) Jneuever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in -13- Section 4-1 and there a:as 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) 'vlhenever the driver is physical:Ly incapable of making a report of an accident and such driver is nut the owner of the vehicle, then the oemer o~ the vehicle in~rolved in such accident shall within 2~S hours after learnixxg of the accident make such report not made T>y the driver. SECTION 4-3 GAItE:GE :EEPE~: TO ~;EPO;:T OTd [.CCIDEIdTS The person in charge or 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. SECTION 4-4 DUTY UPON STRIKING UTdATTET4DED VEHICLE OI2 OTHER 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 euiclcest means available, give notice to the nearest police station. SECTION 4-5 FALSE EP0:2TS Any person who gives information in oral or varitten 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 $500. AT2TICLE 5. TL.AFFIC CONTiOL DEVICES SECTION 5-1 OBEDIENCE TO 6s1ID i2EQUIP.ED T:u-,FFIC-COtdT1:OL DEVICES (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 or police officer, subject to the exceptions granted the 3river. 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 sufi:iciently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs ax•e squired, such section shall be effective even though no signs are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements or 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. SECTIOP] 5-2 TRAFFIC-COPTTi:OL SIGbTl~L LEGEND Tlhenever traffic is controlled by traffic-control signals exhibiting different colored lights, o'r colored lighted arrows, successively one at a time or in combination, only the colors Green, ""=.ed attd Yellocr shall be used, ea;cept for special pedestrian signals carrying a word legend, and said lights shall indicate attd apply to drivers of vehicles and pedestrians as follows: (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 crosswalk at the time such si;mal is exhibited. 2. Jehicular traffic facing a green arrow signal, shown alone or in combination c~ith attother 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 roadvray within any narked or unmarked crosswalk. -15- (b) Steady yellow indication 1. Vehicular traffic facing the signal is thereby warned that the red or '"u top'' 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 i.n safety, a vehicle may be driven cautiously through the intersection. 2. Pedestrians lacing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadl~ay before a red indication is shocm and no pedestrian shall then start to cross the roadway. (c) Steady red ittdicatior. 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, hoTaever, the driver oz' a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side o!. the intersection in obedience to a red or "stop" signal, may make a right turn but shall yield the right o~ 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 required shall be made at a sign 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. SECTION 5-3 PEDEST.~IAN-COtdTROL SIGIQALS Whenever special pedestrian-control signals exhibiting the words "GJa1k" or "Don't LJa11c" are in place such signals shall indicate as follows: (a) LJalk - 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 tJalk - No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing. SECTION 5-4 FLASHING SIGNALS (a) Whenever 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 Cs top signal) - When 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 making a stop at a stop sign. 2. Flashing Yellow (caution signal) - bJhen a yellow lens is illuminated caith rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. -18- SECTIOtd 5-5 DISPLAY OF UI~?AUTHORIZED SIGi1S, SIGNALS OR i'tARI:INGS (a) No person shall place, maintain or display upon or in vievr of any :hig:hiray any unauthorized sign, signal, mar'_einL or device Uihic:h purports to be or is an imitation of or resembles an official traffic-control device or rrhic:h attempts to direct the movement of traffic, or vihic:h:hides from view or interferes frith 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 highvray any s;L;n or signal bearing thereon any commercial advertising. (c) This section shall not be deemed to prohibit the erection upon private property adjacent to :hig:hiaays of signs giving useful directional information and of a type ghat 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 without notice. SECTION 5-6 INTERFERENCE IdITH OFFICIAL TRAFFIC-CONTROL DEVICES No person shall, t~rit:hout lawful 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 IVIbIG ON RIGHT SZDE OF 130ADIJAY - OVERTAKIDIG AND PASSING - USE OF ROAD[~IAY SECTION 6-1 DRIVE ON RIGHT SIDE OF ROAD4JAY - EXCEPTIOiQS (a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follotrs: 1. UIhen overtaking; and passing another vehicle proceeding in t:he same direction under the rules governing such movement; -19- 2. i7hen an obstruction exists mal-sing it necessary to drive to the left of the center o_ the highcray; provided any person so doing sha'._1 yield the ri ht o~ way to all vehicles traveling in the propel direction upon the unobstructed portion of the highway ;within such distance as to constitute an iuu;~cdiate hazard; 3. Upon a roadcaay di.vi:ied into three marked lanes for traffic under the rules applicable. thereon; or 4. Upon a roadway 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 tl~ conditions then eristing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when 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 driveway. (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 Legit of 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 ~-2 PASSIidG VEHICLES PROCEEDIPSG IN 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 roadway as nearly as possible. -2G- SECTION 5-3 OVE~:TAKIT]G A VEHICLE ON THE LEFT The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadcaay 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 in overtaking and passing another vehicle pro- ceeding itt the same direction, unless such Left 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 when overtaling and passing on the right is per- witted, 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 WHEN OVERTAKITG OTd THE TIGHT IS PERMITTED (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. Gdhen the vehicle overtaken is making or about to make a left turn; 2. Upon a street or highway marked for two or more lanes of moving traffic in each direction; 3. Upon a one-way street, or upon any roadway 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 LIMITATIONS ON OVERTAKING ON THE LEFT IQo 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 traffic fur 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 within 200 feet of any approaching vehicle. SECTION a-6 FURTHER LIMITATIONS ON DIVING TO LEFT OF CENTER: OF ROADY7P.Y (a) Ido vehicle shall at any time be driven to the left side of the roadway under the following conditions: 1. 61lten 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 create a hazard in the event another vehicle might approach from the opposite direction; 2. Gdtten approaching within 100 feet of or traversing any intersection where said approach is designated by a solid centerline; 3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel. (b) The foregoing limitations shall not apply upon a one-way roadway. SECTION v-7 NO-PASSIiQG ZONES (a) The Department of Public b~orks 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 roadcaay would be especially hazardous and may by appropriate signs or markings on the roadway 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) ~a'here signs or markings are in place to define a no-passing zone as set forth in paragraph (a) no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement ~•triping designed to mark such no-passing zone throughout its length.. SECTION v-Pi DRIVING ODI L:06.D67AYS Li-iNED FO T2v~iFhIC L]henever any roadcaay has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply. Ca) 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 safety. <b) Upon a roadway which is divided into three lanes and provides for two-cagy movement or' traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction cahen such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where 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 roadway 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 and drivers of vehicles shall obey the directi ons of every such device. -?_3- SECTIOi~1 v-9 ~ OLLOtdING T00 CLOSELY (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 truck or motor vehicle drawing another vehicle when 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 prevettt a motor truck or motor vehicle drawing another vehicle from overtaking and passing any Lil;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 allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. SECTION a-10 DRIVITdG ON DIVIDED HIGii6dAY3 whenever any highway has been divided into two 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 shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. ido 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 specifically prohibited by public authority. -24- AT:TICLE 7. ~;IG~TT OF i7laY SECTION 7-1 VEHICLE l.PPROl,CHITSG Oi ENTii:IPiG IPdTB1:~ECTIOTI (a) When two vehicles approach or enter an intersection from different highway;, at approximately the same time, the driver of the vehicle on the left shc.11 yield the right of .gay to the vehicle on the right. (b) The right-of-way rule declared in paragraph (a) is modified at through highways and othercuise as stated in this ordinance. SECTIOTd 7-2 VEY.ICLL 'I J,-:..hlIT1G 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 prom the opposite direction cahich is within the intersection or so close thereto as to constitute an immediate hazard. SECTION 7-3 VEHIOLE ENTE2ING STOP Oh YIELD ITdTS:SECTION (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 drivEr of a vehicle approaching a stop intersection indicated by a stop sign sh~11 stop as required by Section 9-L 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 cuithin the intersection. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sib slow down 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 cuithin the intersection. Provided, however, that if such a driver is involved in a collision with a vehicle in the -25- 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 7-4 VEHICLE ENTERING IiIGHWAY FROM PiIVATE ROAD 0 DRIVEWAY 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 highway. SECTION 7-5 E3dERGING F::ON ALLEY, Di:I9E~J[HY, O: 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 alleycaay 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-o OPERATION OF VEHICLES ON APPRa<~CH OF AUTHORIZED EMLiZGENCY VEHICLES (a) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual si~,nals meeting the rec7uire- ments of Section 20-20 of this ordinance: 1. The driver of every other vehicle shall yield the right of way and shall immediately drive to ,s position parallel to, and as close as possible to, the nearest edge or curb of the roadway lacafully 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 with due regard for the safety of all persons using the highway. _2~_ Ai2TICLE 8. TU.'.f7ING AI.D 3TAi:TING AND SIGNALS ON STOPPING AND TUNING SECTION 8-1 ~:EC'UIRED POSITION AIJD METHOD OF TUR1dING AT INTEiiSECTIONS The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Iti~ht turns - The approach nor a right turn shall be made as close as practicable to the right-hand curb or ede of the roadway. Alter entering the intersection, the right turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction on the roadway being entered. (b) Left turns on two-tray 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 of the roadway being entered in a Lane lawfully available to traffic moving in such direction on the roadc~ay being entered. 47henever practicable the left turn shall be made in that portion of the intersection to the left oi: the center of the inter- section. (c) Left turns on other than two-way roadways - At any inter- section o~here tzar"fic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn Left at any such intersection shall approach the intersection in the extreme left-hand lane Lawfully available to traffic moving in the direction of travel of such vehicle and after 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 roadoaay being entered. _27_ (d) In all cases ur:here off icial marks, buttons or suns are placed tiaithin or adjacent to an intersection, no driver of a vehicle shall execute a movement at such intersection otherwise than as directed and required by such rnarl:ers, buttons or signs. SECTION Q-2 LIiITATIOhTS OTQ TURi~TIT~?G AROUIT:D (a) T:he 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 t:he business district, or at any intersection ca:here traffic is controlled by traffic sinal lights during t:he .hours between 6:00 a.m. to midnight of each day. However, z-r:hen official suns or marT:ings are installed giving notice thereof, U-turns shall be allowed in areas designated by a resolution of the 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 without 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 t:ho app:roac:h to or near the crest of a grade, tir.here such vehicle cannot be seen by the driver of any other vehicle approac:hin~ from either direction within five hundred feat. SECTION 8-3 STARTIT~IG PARED VL'S3ICLE ido person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. SECTION 8-4 TURNING i40VETuENTS AI~TD REQUIRED SIGNALS (a) TQo person shall turn a vehicle at an :intersection unless the vehicle is in proper position upon the roadway as required in Section 8-1, or turn a vehicle to enter a private road or driveway, or ot:hert~rise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without 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) Ido person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate si~n<a1 in the manner provided herein to the driver of any vehicle immediately to the rear oJhen there is opportunity 'to give such signal. (d) The signals pro vide o. for 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 AND AZM OrZ 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) Any motor vehicle in use on a highway ;;hall 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 24 inches, or when the distance from the center of the top of the steering post to the rear. limit or 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 GIVING HAND-AND-ARiK SIGNALS All signals herein required given by hand and arm shall be given from the left side of the vehicle in the follovring 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. -L9- SECTION v-7 P:OHIBITED LEFT FND FIGHT TUi~idS :'hen official traffic signs are posted giving notice thereof, no driver or 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 tra~fic hours at any inter- section or driveway he may deem to be congested. AiTICLE S. STOP E~ATD YIELD INTE:SECTIONS - SPECIFIC STOPS SECTION 9-L STOP SIGHS APID YIELD SIGHS (a) E~:cept when directe3 to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop s~~m shall stop before entering the crosswalk on the near side oi: the intersection or, in the event there is no crosswalk, shall stop a.t a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of app-roachin~ traffic on t:he intersecting •roadway before entering the intersection. (b) The driver of a vehicle approaching a yield sign if required for saAety 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 roadcaay c•~here the driver has a view of approaching traffic on the intersecting roadway befoY•e entering the intersection. SECTION 9-2 OVEFTniING AND PASSING SCl~00L SUS (a) 'ihe driver of any vehicle upon meeting or overtaking from either direction any sc'nool of receiving or discharging flashing red signal meeting bring such vehicle to a stn not proceed past the school operation. bus any the ~ be bu s which has stopped for the purpose school children and displays a -requirements of ~~ection 20-20 shall core passim the school bus and shall until the red flashing signal ceases -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 1i;;hts continuously while children are crossing to or from the school bus or at any other time when pa.ssinc! traffic is considered hazardous for the children. These li-;h.ts need not be operated when • children are not to cross the roadway, and shall not be operated when the' school bus is stormed in a bus loadinzone, place where traffic is controlled by a traffic officer or official traffic control signal,• and while the bus is in motion. (c) rfte driver of a vehicle upon a highway with separate-road- ways need not stop upon meeting or passing a school bus which is • us;on the other roadway. (d) Every school bus used for the transportation of school • children shall bear upon trio front and rear thereon a plainly • visible sign containing the words "SCHOOL BUS" in letters not less than 8 inches in height and in strokes not less than 1/2 inch in width, and tue words "STOP ON FLASHING nD LIVT" in letters not less than 6 inches in height and in strokes of not less than 1/2 inch in width. SECTION 9-3 SIGNS REQUIRED AT rUROUGH STREETS • fenever any resolution of this county designates and describes a trough street or stop intersection, it shall be the duty of the County and/or District Engineer to place and maintain stop and/or yield signs on each and every street intersecting such through street and at every stop intersection unless traffic at any such intersection is controlled at all times by traffic-control signals. The County Traffic Commission may recowmend ween said yield signs may be substituted for stop signs. SECTION 9-4 VEHICLE ENTERING STOP INTERSECTION Except when directed to proceed by a police officer or traffic- control sinal, every driver of a vehicle a?Proaching a stop -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. SECTION 9-S VEHICLE ETdTERING YIELD INTERSECTION The driver of a vehicle approachin; a yield sign shall in obedience to such sign slow doirn to a speed reasonable for t:he existing conditions and shall yield the right oi' 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, ghat if such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, auc:h collision shall be deemed prima facie evidence of :his failure to yield right of way. SECTION 9-6 STOP WHEN TRAFFIC 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 crosswalk to accommodate the vehicle he is operating tirit:hout obstructing the passage of other vehiclos or pedestrians, despite any traffic-control signal indication tc proceed. SECTION 9-7 TURN RIGHT ANYTINTE '.~7ITH CAUTION INTERSECTIONS ti~ihen official TURN RIGHT ATdYTIPTE I~dITH CAUTIODI 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 SECTION 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 LA6] 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 prudettt under the conditions then existing. SECTION 10-3 SPEED LAW VIOLATIONS (a) The speed of any vehicle upon a highway not in excess of the limits specified in Sections 10-~5 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 lU-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 attd under the conditi arcs then existing. SECTION 10-4 PRIMA FHCIE SPEED LIMITS The following prima facie speed limits shall be in effect except where a special speed limit has been enacted. (a) Twenty-five miles per hour: 6dhen passing a school building or the grounds thereof, contiguous to the highway and posted with 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, while the grounds within seventy-five feet of the highway are in use by children and the highway is posted with a standard "SCHOOL" warning sign. (b) Thirty miles per hour: In a business district. (c) Thirty-five miles per hours In a residen±ial district. (d) Fifty-five miles per hour: On all highways unles s otherwise specified by this ordinance. SECTION 10-5 SPECIAL SPEED LI~J:ITS The following prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected. (a) Twenty-five miles per hour 1. All streets within the area bounded key Kamehameha Avenue, Ponahawai Street, i<inoole Street and V~'ailuku Drive. 2. All streets within the Lanakila Homes area, except for Kapiolani Street. 3. Pakalana Street in Hor.okaa from a point 400 feet mauka of Kukui Street to P~9amane Street. 4. Palani Road from Kuakini Hiahway to Alii Drive. 5. Alii Drive from Kailua i~Jharf to VJaiak.a Lodge. 6. Wiliwili Street from Kaumana Drive to Uluwai Street. 7. Access road to Laupahoehoe Beach Park.. 8. Kukuau Street. 9. Mamane Street from a point 400 feet Waipio of Nienie Bridge to Ohia Street. 10. Waianuenue Avenue from Kinoole Street to Kapiolani Street. 11. Konawaena School Read from P~tamalahoa Highway to the school. (b) Thirty miles per hour 1. Haunani Road at Volcano 2. Waianuenue Avenue from Kapiolani Street to Halai Street. 3. Aupuni Street from Pauahi Street to 1<ilauea Avenue. -34- (c) Thirty-five miles per hour 1. Waianuenue Avenue from VJaiau Street to Waipahoehoe Bridge No. 9. 2. Manono Street from Kamehameha Avenue to Piilani Street. 3. Banyan Drive. 4. Mamalahoa Highvaay .n Waimea from a point 4,000 feet Kona to a point 5,500 feet Honokaa of the intersection of the We.imea to Hawi Road with the Mamalahoa Highway. 5. The Waimea to Hawi Read from Mamalahoa Highway to the beginning of Project F.A.P. E 11A. 6. Kuakini Highway from a point 500 feet on the Keauhou side of Hualalai Road to Palani Roacl. 7. Hawaii Belt Road from Kanoa Street to a point 200 feet Puna of the VJaianuenue Street intersection. 8. Kanoelehua Street from Kamehareha Avenue to a point 500 feet south of Pookela Street. 9. The Mahukona to Niulii Road from a point 2,400 feet on the Mahukona side tc a point 650 feet on the Hawi side of the beginning of Project S 203 (:~} in Kokoiki, Kohala. 10. The Mahukona to Niulii Road 'from the west end of the Kahei House Lcts to a point ].,325 feet on the Dliulii side of the Hav.~i Road Junction at Hawi, Kohala. 11. The Mahukona to Niulii Rcad from a point 350 feet on the Hawi side of the access road to F;ohala High and Elementary School to a point 500 feel; on the Niulii side of the end of Project S 203 (2) at Kapaau, Kohala. 12. Pahoa-Kalapana Road between the makai end of the new segment and Kalapana School. 13. Kamehameha Avenue be±ween a point 500 feet Puueo of Manono Street and Kalanianaole Avenue. 14. The Keaau to Pahoa Road from its intersection with the Hawaii Belt Road to a point .3 of a mile towards Pahoa. 15. The Honokaa-Vlaipio Road through Camp 10. -35- 16. The Kapoho-Kalapana Road from the Kapoho Light House intersection to Kaimu Beach. 17. Kilauea Avenue from Ponahawai Street to Aupuni Street. 18. Pauahi Street from Kamehameha Avenue to Kilauea Avenue. (d) Forty miles per hour 1. Kilauea Avenue' from Lanikaula Street to Haihai Street. 2. Kamehameha Avenue from Fonaha~~:ai Street to a point 500 feet Puuec of iJ~anono Street. (e) Forty-five miles per hour 1. Niamalahoa Highway between the villages of Naalehu and Waiohinu. 2. Velcano Road, in Ioiountain View, from a point 500 feet on the Hilo side of the Kulani Road to Yogi Road. 3. Volcano Road, in Kurtistown, from a point 300 feet on the Hilo side of the Iwasaki Camp Road to the 13% Mile Homestead Road. 4. Hawaii Belt Road, in Papaikcu, from the Honokaa side of Kapue Bridge to the Kaieie Homestead Road. 5. Hawaii Belt Road, in Ninole, from a point 420 feet from ti:e Hamakua end of 1Naikaumalo Bridge to the Hilo end of SDR-3(l5). 6. Hawaii Belt Road from a point 1,200 feet on the Hilo side of the Honuapo Landing Road to a point 1,600 feet on the Naalehu side of the said Honuapo Landing Road. 7. Saddle Road between the Hilo Countr;% Club road and the Mamalahoa Highway in South Kohala. 8. Hawaii Belt Road, in Papaaloa, from the Honokaa side of Kihalani Bridge 'to the Hilo side of Moanalulu Bridge. 9. Volcano Road from i~lright Road to the Hawaii Volcanoes National Park boundary. -36 - 10. Hacaaii Belt Road, in r:ukaiau Village, from a point 100 feet on t:he Honokaa side of Umiwai Bridge to a point 250 feet on t:he Hilo side of P.ukaiau Ranch Road. 11. Hawaii Belt Road, in Iaona, from the end of FAP 8-G (Captain Cook) to the beginning of FAP 8-D (Honaunau). 12. Hawaii Belt Road from a pvint 500 feet Hamakua of the GJainaku cut-off road to Sanoe Street, 13. Palani Road from the Hawaii Belt Road to IC,uakini Highway except where the residential district speed limit is i.n effect. 14. Hawaii Belt Road from a point 400 feet on the Hilo side of t:he Hakalau Brid;;e to a point 700 feet on the Hilo side of the Chin Chuck intersection. 15. The tFaimea to Hawi Road from a point 200 feet Hawi of the access road to the Hat=aaii Preparatory Academy to the beginning of Project 'AP E11A. 16. ICawai,hae Road from t:he ''aiaka Bridge to an existing cattleguard 4„320 feet makai on said road. 17. Hawaii Belt Road; in Zeaau, in t:he Hilo direction, from the ~~eaau Mill Road to the Slaughter House Road. 18. The Honokaa-uJai_pio Road from a point where Project 5-02!}0(2) commenc~;s ;except Camp 10) to a point 400 feet ?'^ipio of Plienie Bridge. 19. Hawaii Belt Road, in Faauilo, from the Hamakua hiill Company Dispensary to a point .2 of a mile Honokaa of the Paauilo Access Road. 20. t~iamalahoa Highvaay in l~Jaimea, from a point 500 feet Honokaa of t:he old CCC Camp to a point 5,500 feet Honokaa (Pukus:hima Store) of the ~:raimea to Hawi Road. 21. i4arnalahoa Hightiaay in Keaau from Milo Street to the lower ICeaau Connection. _37_ (f) Fifty miles per hour. (g) Fifty-five miles per hour. (h) Sixty miles per hour. (i) Sixty-five miles per hour. 1. Hawaii Belt Road from Paauilo to a point 1, 500 feet west of the intersection of the Honokaa Access Road (FAP S-238(1) ) with the Hawaii Belt Road. 2. Hawaii Belt Road from a point 1,000 feet west of Lehua Street to aid Lane. 3. Hawaii Belt Road from Papa to Kahuku. 4. Hawaii Belt Road from the southern boundary of the Hawaii Volcanoes National Park to a point opposite • the 50-Hile Post. SECTION 10-6 MININUN SPEED REGULATION (a) No person shall drive a motor vehicle at such a slow 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 40 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. . UNICLE 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- ARTICLE 12_ ONE WAY STREETS SECTION 12-1 ONE WAY STREETS Upon. a street designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. ARTICLE 13 . MISCELLANEOUS RULES SECTION 13-1 UNATTENDED MOTOR VEHICLE No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb, or side of the highway; provided, however, that the requirements for stopping the engine, locking the ignition, and removing the ignition key from the vehicle shall not apply to the three-wheeled motorcycle (servi-car); of the Police Department when enforcing traffic regulations . SECTION 13-2 LIMITATIONS ON BACKING 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 RIDING ON, MOTOtCYCLES, MOTORSCOOTERS, AND BICYCLES (a) A 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 two persons, or upon another seat firmly attached to the rear or side of the operator. (b) No person shall operate a motorcycle., motorscooter or bicycle (other than in single file and as close as practicable to the right- hand edge of the roadway. -39- SECTION 13-4 OBSTRUCTION.:TO DRIVER' S VIEW OR DRIVING MECHANISM (a) No person shall drive a vehicle when 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 aheador to the sides, or to interfere with his control over the driving mechanism of the vehicle . CLOSING ry . n SECTION 13-5 OPENING AND CLOSING VEHICLE DOORS No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering 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. SECTION 13-6 COASTING PROHIBITED The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral or with the clutch disengaged. SECTION 13-7 FOLLOWING FIRE APPARATUS PROHIBITED The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 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 . SECTION 13-0 CROSSING FIRE HOSE No vehicle shall be driven over any unprotected hose of a fire department when laid downon any street or private driveway to be -40- 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 PROHIBITED (a) No person shall throw or deposit upon any highway any glass bottle, glass , nails , tacks, wire, cans or any other substance likely, to injure any person, animal or vehicle upon . such highway. (b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (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 HIGHWAYS PROHIBITED (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, leaking, 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 highway 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 of the highway. SECTION 13-11 TRACKING MUD Oa OTHER MATERIAL ON HIGHWAY PROHIBITED No vehicle using the public highwayshall 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 highway, it shall be the duty of the operator of the offending vehicle to have said mud or dirt removed immediately. -41- SECTION 13-13 INPRO Ek USE F 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-t HEELEDVEHICLES, OPERATION Vehicles haven : two or more wheels on each end of an axle shall not be moved on any ;,ublic highway when rocks or any foreign materials which mi. iht be hazardous to traffic are embedded. between said wheels on the moving vehicles. SECTION 13-14 RESTRICTED USE OF aalvr..oTA S BY CERTAIN VEHICLES The use of certain streets by certain classes of vehicles may be restricted as designated by resolution of the board of Supervisors, and appropriate signs shall be posted giving notice thereof. • SECTION 13-15 TUNED V , i1CLES (a) en one vehicle is towing another, tae drawbar or other emergency 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 swerves from side to side dangerously or unreasonably or fails to follow substantially in the path of the towing vehicle. -42- SECTION 13-16 REGULATIONS GOVERNING TRAFFIC DURING PROCESSIONS, PARADES AND FUNERALS (a) No person shall drive a vehicle between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as by law required. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers . (b) No funeral procession, or parade that impedes the normal flow of traffic excepting the forces of the 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) A funeral composed of a procession of vehicles shall be identified as such by the display of lighted headlamps on each vehicle, Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and follow the vehicle ahead as closely as is practicable and safe . SECTION 13-17 VEHICLE SHALL NOT BE DRIVEN ON A SIDEWALK The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. SECTION 13-18 UNLAWFUL RIDING (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 of passengers . This provision shall not apply to employees engaged in the necessary discharge of duty or to persons riding entirely within truck bodies in space intended for 'merchandise (b) No passenger shall ride nor shall any driver permit riding upon any vehicle in such a manner so as to allow any -43- part of his body to extend over the front, rear, or side of said vehicle . SECTION 13-19 OBSTRUCTION OF INTERSECTION (a) No hedge, shrubbery, 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 when any point on such obstruction within the said radius extends to a greater height than three feet above the nearest edge of the roadway of the abutting street. (b) The Chief of Police shall cause a notice to be served upon the owner or occupant of all property where violations of this section exist, to remove such obstruction within one week from the service of such notice . (c ) If the obstruction is not removed, or its removal is not commenced and diligently prosecuted within the given time , the Chief of Police shall forthwith notify the County Engineer of the Department of Public Works of said obstruction and it shall be the duty of the Department of Public Works toremove said obstructions . All costs, sustained or incurred inthe 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 expenses for the removal of same. SECTION 13-20 USE OF LOUD SPEAK a OK MEGAPHONE ON MOVING VEHICLES PROHIBITED (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. Emergencyvehicles when operating under the exceptions -44- specified in this section, shall drive at all times with due caution and care with respect to the safety of others. SECTION 13-21 LOUD SPEAKER AND MEGAPHONE REGULATED (a) As used in this section, loud speaker or megaphone shall mean and include any magnifying sound instrument or device used in the production or reproduction of music, spoken words or other sounds, or other sound amplifying device designed to enlarge t:he 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 the attention of the public; provided that these terms shall not include the following: 1. Amplifying device within sight-seeing cars, busses, motor coaches, or other similar vehicles, designed primarily to address passengers within such vehicles, and the sound therefrom primarily confined within the body of such vehicles. 2. Radios and phonographs within the body of any vehicle designed for person within t:he vehicle, and the sound therefrom primarily confined within the body of such vehicle. 3. Amplifying devices on all authorized emergency vehicles. (b) No person shall operate any loud speaker or megaphone from any vehicle on any street or highway on Sundays, or between the hours of 6: 00 o' clock p.m. and 2:00 o' clock p.m. in any other day of t:he week. (c) The Chief of Police or his authorized representative may issue permits for the use of a loud speaker or megaphone from any vehicle in a parade or motorcade conducted within t:he period from -45- - 6:00 o'clock p.m. to 2: 00 o'clock. p.m. In no event shall he issue a permit for the use of a megaphone or loud speaker on Sundays . SECTION 13-22 WARNING SIGNS REQUIRED FOR THE PROTECTION OF WORKING MEN It shall be unlawful for any person or persons to work upon that portion of. any highway devoted tovehicular traffic, or for any governmental department, corporation, firm, association, estate, or individual to permit any person or persons to so work, unless there shall be placed in the center of the :highway, or on the side of t:he roadway, if work is done immediately adjacent to said roadway, suitable signs with black letters not less than four inches in height on a yellow field carrying the warning, "MEN WORKING' . Such signs are to be placed no less than two hundred feet nor more than six hundred feet on both approaches to t:he place where any such person orpersons is so working; provided, however, that between 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 LIVESTOCK MOVEMENT Any person who drives or herds any livestock across a public :highway shall place warning signs adjacent to said public highway. Said signs shall be diamond shaped with thirty inch sides and 90° interior angles, with black lettering not less than four inches in height on a yellow field reading, "LIVESTOCK CROSSING7° . 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 signs shall be posted 500 feet from the crossing point on each approach except when the crossing point is clearly visible within said distance. In areas where the speed limit is 35 miles per :hour or less, said signs shall be posted 250 feet from the crossing point on each (46a) • approach except when the crossing point is clearly visible within said distance. SECTION 13-24 FLEEING FROM POLICE OFFICER No operator of a vehicle, after having received a visual or audible signal from a traffic officer, or police vehicle, shall knowingly flee or attempt to elude any traffic officer by wilful or wanton disregard of such signal so as to interfere with or endanger the 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) ARTICLE 14. fPEDESTRIANS RIGHTS AND DUTIES SECTION 14-1 PEDESTRIANS SUBJECT TO TRAFFIC CONTROL 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 PEDESTRIAN' S RIGHT-OF-WAY IN CROSSWALKS (a) 'The driver of. a vehicle shall yield the right-of-way, slowing 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 half of the roadway • as to be in danger, but no pedestrian shall enter ,any ,crosswalk or part of .a. crosswalk when vehicular traffic is so close thereto • as to constituute an .immedia'te hazard. (b) Pedestrians shall walk briskly within a, crosswalk so as not to impede the flow of vehicular traffic SECTION 14-3 CROSSING AT OTHER THAN CROSSWALKS . (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-way to all vehicles upon the roadway. (b) No pedestrian shall enter ,upon 'or cross any roadway .or portion of any roadway. 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 - half of crosswalks . -47- SECTION 14-5 PEDESTRIANS ON ROADWAYS (a) where walkways are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) ;There walkways are not provided any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. SECTION 14-6 PEDESTRIANS SOLICITING _IDES OR BUSINESS " (a) No person shall stand in a roadway for tlie 'purpose of soliciting a ride, employment or business from the occupant of any vehicle. (b) No person shall stand ,on. or in proximity to a street or highway for the purpose ofsoliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. SECTION 14-7 DRIVING TROUGH SAFETY ZONE PROHIBITED No vehicle shall at any time be driven through or within a safety zone. SEOT1ON 14-8 [JNLAML TO :SIT a KNEEL, SQUAT OR LIE ON HIGHWAY It is unlawful for any person to sit , kneel, squat or lie upon any roadway, sidewalk, or sidewalk curbing except when overcome by illness or in an emergency. SECTION 14-9 SITTING, STANDING, OR WALKING ON RAILINGS No r>erson shall sit, stand, or walk or aid or assist any other person to sit, stand, orwalk upon the railing of any highway bridge, overpass or guardrail. -48- • AXTIC1E 15. OPEkAT1ON OF BICYCLES AND 'LAY VEHICLES SECTION 15-1 ' T '.AFFIC LAJS Al II'LY TO PT SCNS :.(IDIi G BICYCLES »,very person ridinz a bicycle upon a roadway shall be granted all of the ri. .c;hts and shall be subject to all 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 tidDIi]G• ON BICYCLES (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and re alar 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 TU VEflICJLES No :Terson riding; upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. SECTION 15-4 dDING UN ROAD AYS MIIJ BICYCLE PATHS • (a) 'livery person operating a bicycle upon a roadway shall ride as near the right-hand side of the roadway as practicable, exercising due care when hassin:.L a standing vehicle or one pro- ceeding• in the same direction. (b) Persons ridin, bicycles upon a roadway shall ride in sinAe file except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) ; henever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use the path and not the roadway. -49- 411/ 111 SECTION 15-5 CA RYING ARTICLES 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 . SECTION 15-6 SPEED No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing . SECTION 15-7 PARKING No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian and vehicular traffic . SECTION 15-8 LAMPS AND OTHER EQUIPMENT ON BICYCLES Every bicycle when in use at nighttime shall 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 50 feet to 300 feet to the rear when directly in front of lawful 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 whistle . (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- _ I r 1/1 4111 ARTICLE 16. METHOD OF PARKING SECTION 16-1 STANDING OR PARKING CLOSE TO CURB Except as otherwise provided in this ordinance : (a) Every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with 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) Every vehicle stopped or parked upon a highway where 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 16-2 SIGNS Oa MARKINGS INDICATING ANGLE PARKING (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 . SECTION 16-3 OBEDIENCE TO ANGLE-PARKING SIGNS OR MARKINGS On those streets which have been signed or marked by the county or state highway engineer for angle parking, 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 PERMITS FOR LOADING OR 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 . -51- b .J 1111 (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 ON PARKED VEHICLES (a) 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 500 feet upon such street or highway no lights need be displayed upon such parked vehicle . (b) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto , whether attended or unattended, during the hours between 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 highway, 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 visible 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 which 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. -52- 1 ARTICLE 17. STOPPING, STAiDING AND PARItING SECTIODT 17-1 STOPPING, STANDING, OR PAHhITSG OUTSIDE Or BUSINESS OR RESIDENCE DISTRICTS (a) Upon any :highway outside of a business or residence district no person shall stop, park, or leave standing; any vehicle, whether attended or unattended, upon the paved or main traveled part of the:hi~hway. This section shall not apply to the driver of any vehicle ~ihich is disabled while on the paved or main traveled portion of a :hihi~ray in such a manner and to such extent that it is impossible to a•,roid stopping; and temporarily leaving such disabled vehicle in such positiony provided, however, that said driver shall take reasonable precaution to prevent a collision with said disabled vehicle. SECTION 17-2 OFr'ICERS AUTHORIZED TO REiiUVE ILLEGALLY STOPPED VEITICLES (a) ~T.henevor 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 t:he driver or other person in charge of the vehicle to move the same, to a position off the paved or main L-raveled part of such :highway, (b) idhenever any police officer finds a vehicle unattended upon any bridge or causeU!ay 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, STANDIiQG Oi; PAi~ICING PP.OHIBITED IN SPECIFIED PLLaCES (a) 'accept when necessary to avoid con~lict with other traffic, or in compliance with law 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 or" a street; b. On a sidewalk; c. iJithin an intersection except where designated by parking :falls; d. On a crosswalk; e. L~ithin or alon; any safety cone 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 wi~chin a highway tunnel; h. ht any place where official si.~ms or markings prohibit stopping. 2. Stand or park a vehicle, whether occupied or not, except momentarily to pic'_c up or discharge a passenger ~~r passengers: a. In firont- of or ~=rithin 4 feet of a public or private driveway; b. 'ithin 15 feet c. 4i thin 30 feet except where d~ d. 1'ithin 30 feet e. E'ithin 20 ;`_eet of of 3si of of a fire hydrant; a marked or unmarked crosswalk, ;Hated by a parking stall; an intersection; the driveway entrance to any fire station and on the side of a street opposite the -54- entrance to any i-r~ station within 7~ feet of said entrance (when properly marked); f. ~7ithin 75 feet upon the approach to any traffic control signal except where designated by a parking stall; g. At any place cohere 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 PAP.KING NOT TO OBSTi:UCT TiiAFFIC No pers on 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 roadway for free movement of vehicular traffic. SECTION 17-5 PA%KING IN ALLEYS No 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 roads-aay for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the. driveway entrance to any abutting property. SECTION 17-u PARi:IIJG FOT: CERTAIN PURPOSES PaOHIBITED No person shall park a vehicle upon any roadtoay for the principal purpose of: 1. Displaying such vehicle for sale. -55- • 2. jashin ,, polishin;.,, greasin: 'or repairing such vehicle except f:-r repairs necessitated by an emergency. SECTION 17-7 TIKE-.UIIIT PARKING ZONES (a) 4hen official signs are erected ;iving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than that indicated on such sins 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, dis,?ense 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 ?ARKING ZONES Then official sins or markings Jive notice thereof, no person shall stop, stand , or nark . vehicle any loner than is reasonably necessary to take on or discharge passeners or freight upon any street or portions thereof within -Lie County of Hawaii. SECTION 17-9 PARKING PROHIBITED DURING CERTAIN HOURS ;Then official signs are erected giving notice thereof, no person shall stop, stand or park a vehicle any lonzer 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 TAOREIN • (a) The de artwent of public works of tzie 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 harking of motor vehicles. • -56- • (b) Whenever narking sr)aces are so established, marked off • and designated, the driver of any vehicle, excepting only single vehicles of greater length or width, shall oark such vehicle. completely within a designated space. (c) in city or street blocks where ;:arking spaces are so established, marked off and designated, the driver of any vehicle, excepting only single vehicles or greater length or width, shall • park such vehicle completely within and only in a designated space. The provisions of this section 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 :-awaii 1965, as amended. SECT ION 17-12 REGISTERED OWNER'S RESPONSIBILITY: REGISTRATION PLATE AS PRIM 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 of such vehicle was the person who parked such vehicle at the point where, and during the tiae when, such violation occurred. SECTION 17-13 SPECIAL PARiUI G ;eRIVTL;GES Vehicles of government agencies, public utility companies, garages, contractors, or any other person may stand and park contrary to the parking provisions set forth in this ordinance wnen 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 suecific terms or conditions of the permit. -57- SECTION 17-14 STOPPING, STANDING, Uig ,PA KING ON F 2DERAL-AID HIGHWAYS (a) :there official signs are erected giving .notice thereof, no person shall stop, stand , or park vehicle upon any federal-aid highway, subject to the exemptions granted emergency vehidles. • (b) For the Provisions of subsection (a) of this section, the State :.highway . ngineer for the County of . awaii is hereby authorized to erect "No-parking'' sires 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 a.m.- of any day; subject, however, to the exemptions granted emergency vehicles. 1 (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 FOk LOADING AND UNLOADING ONLY SECTION 18-1 STANDING IN PASSENGEk LOADING ZONES No person shall stop, stand, 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 then only for a =period not to exceed 3 minutes. SECTION 18-2 STANDING IN FRES.[ 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 are i.r. effect. In no case shall the stop for loading and unloading of materials esceed 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 loadinb or unloading passengers when such stopping does not interfere ~~ith any motor vehicle used for the transportation of materials ar'i~ich is waiting to enter or about to enter such zone. Cc) The foregoing prcvisions regarding freight curb loading zones shall be applicable only between the hours o} 8:00 tSi°1 to 4:00 PM of any day e,!cept Sundays and public holidays. L+hen 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 PEIZl~1ITTED TO STAND OR PARR 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 within 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 roadway upon a one-way street. SECTION 18-4~ OTHE.. VEHICLES NOT TO BL-' PA'c:KED, STOPPED OIZ PERMITTED TO STAPSD IIV BUS STOPS Pdo person shall stop, stand, or p:.rlc a vehicle, other than a bus, in a bus stop when such bus stop has been officially designated and appropriately signed, ea;cept, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading o.r unloading passengers when such stopping does not interfere with any bus which leas entered or is waiting to enter or about to enter such bus stop. -59- AkTICLE 19. PAil_kING hET:Ek ZONES SECTION 19-1 PAtaING ii ETEk Z,, ES All parking meter zones shall be designated by a resolution adopted upon one reading by the Board of Supervisors of the County of Hawaii. SECTION 19-2 INSTALLATION OF ,f,. :_ilN rl.{:eT;EkS (a) The county traffic engineer shall install parking meters in the parking meter zones established as provided in this ordinance upon the curb immediately adjacent to each designated parking space. Said meters shall be capable of being operated automatically upon • the deposit of a coin or coins of United States currency as specified on said meters . • (b) Each parking meter shall be so designed, constructed, • installed and set that upon tie expiration of the time period registered, by the deposit of one or more coins , as provided herein, it will indicate by an appropriate signal that the lawful parking meter period has expired, and during said period of time and prior to the expiration thereof, will indicate the interval of time which remains of such period. (c) Each parking meter shall bear thereon a legend indicating the days and hours when the requirement to, deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in 'the parting meter zone in which such meter is located. SECTION 19-3 PARKING XETER S?ACES • (a) The county traffic engineer shall designate the parking space adjacent to each parkins meter for which such meter is to be used by appropriate markings upon the curb and/or the pavement of the street. parkingueter spaces so designated shall be of -60- 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 wkxi.ch such meter is located so that any part ui such. vehicle occupies more than one such space or protrudes beyond the markings designating su<:h space, except that a vehicle which is of a size too urge to be parked within a single designated parking meter. zone shall be permitted to occupy two adjoining par2cing 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 19-4 DEPOSIT OF COINS AND TIPS LIMITS (a) No 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) No person shall permit a vehicle within his control to be parked in any such parking meter space during the restricted and regulated time applicable to the parking meter zone in oahich such meter is located while the parZcing meter for such space indicates by signal that the lawful parZcing time. in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. -:il- (c) Tdo person sha1:!. I.aric a vehicle in any such parking meter space for a consecutive period of time longer than that limited period of time for which parking is laeafully permitted in the parking meter zone in which such meter is located, irrespective of the number of amounts of the coins deposited in such meter. (d) The pro~i.sions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this ordinance prohibit?.nr or limiting, the stopping, standing, or parking of vehicles iu speci_fied plar_es or at specified times. SECTION 19-`i USE OF SLUGS PROHIBITED 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-v TlaMPEP~ING [dITIi b9ETEe: Tdo person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter. SECTION 19-7 E~,PPLICATION 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 of vehicles, and o;° other facilities and properties incidental to the regulation and control oi: t-ra:Lfic and in promoting the safety and well being of the public in the handling of traffic upon the streets. SECTION 19-8 HOUP.S OF OPE.;aTION, E::CEPTIONS (a) The provisions of Section 19-Lf shall be in effect between the hours of 3:OG i-il~1 and h:00 PT4 on each day except Sundays and public holidays. _~~_ (b) ~lhenever seventy-five (75) consecutive days have passed without a traffic fatality in this county, the thief of Police may dispense with the enforcement of Section 19-4 for one ru11 day, other than Saturday, such date to Ue designated by him and be given reasonaUle circulation throughout the county. (c) The Board o~ Superviors may, by resolution, dispense with the enforcement of section 1:-4 for a specified time in any specified parking meter zone to accommodate any special event, convention, parade or other similar activity. [~:TICLE 20. ECNIPi/ETd'i' SECTIOTd 20-1 SCOPE AND EFFECT OF t:EGULATIONS (a) No person shall drive or move or no owner shall. cause or knowingly permit to be driven or moved on any high~oay 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) Nothing 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. SECTION 20-2 I;ECONSTI2UCTED, SPECIALLY CONST:;UCTED AND HOT ROD VEHICLES (a) No person shall operate upon any street or highway a reconstructed or rebuilt motor vehicle or a specially constructed -5~- vehicle without first having obtained a permit for the vehicle from the Chief of Police. (b) Before issuing such permit, the Chief of Po Lice shall require a written report e inspection on such vehicle as to brakes, Lights, and general working conditions, issued by some responsible authority designated by him. (c) Permits issued for the operation of reconstructed vehicles may be revoked at any time the Chief o~ Police has reason to believe that such vehicles are a menace to traffic. Cd) The County Treasurer shall not register any reconstructed vehicle unless the applicant has presented to the treasurer a certificate of inspection from the Chief of Police. SECTION 20-3 vdTiET3 LIGHTED LE;MPS t~zE cEvUIED 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 tuhen, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles. SECTION 2G-4 VISIBILITY DIST6NCE hND i-10UNTD HEIGHT OF LADIPS (a) t?henever requirement is hereinafter declared as to distance from which certain Lamps and devices shall render objects visible or within which such limns or devices shall be visible, said provisions shall apply during the times stated in Section 20-3 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is e;;pressly stated. (b) G?henever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the. center of _ j(}-. such lamp or device to the level ground upon which the vehicle stands when such ve;ticle is without a load. jECTiON 20-5 t{F;Allf~EU~t.'S ~N ;Y.tO`l'U:t VE:iICLSS (a) very motor vehicle other tear, a motorcycle or motor-driven cycle shall be equinoed with at least t~~ro headlamps with at least one on each side of the front of t;~e :motor vehicle, rahich headlamps shall comely with the requirements and limitations set forth in this ordinance. (b) ;very motorcycle and every motor-driven cycle shall be equipped with at least one anti not more tuan two headlamps which shall comply with the requirements and limitations of this ordinance, (c) :'very 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 trra n 54 inches nor less than 24 inches to be measured as set forth in Section 20-4(b). SECTION 2J-6 TAIL i~ANtt'S (a) r7very motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a corubina- tion of vehicles, shall be equipped faith at :!.east one tail lamp mounted on the rear, whit];, wi!en lighted as rery.uired in Section 20-3, shall emit a red light plainly visible from a distance of 1000 feet to the rear, provided ti~at in the case of a combination o:f vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified, rind further, every such above-mentioned vehicle, other than a truck tractor, s:rall be equipped with at least two tail "ratans mounted on the rear, on the same level and as widely sioaced laterally as ~,racticable, which, wizen ligirt ed as herein required, shall cor:n;ly saiih rue provisions of this section. (b) 'very tail la:~c? u4on every ve.~icle sit;all be located at a height of not more than 72 inches nor less t;~an 20 inches. -f7J- (c) 'itner a tail lamp or a separate lam~> shall be so con- structed and ;laced as to illumin~to whiz a wizi.te li_;i;t tt,e rear registration plate ar:d fender it clearly 1e~b1_e from a distance of 50 feet to tine rear. iany i.ail laurr ar tai.l lamas together with any separate la.,~a for illuminatin? the rear regristration elate shall be so wired a.s to be ligi,teci !v?,enever t ,e ";eadla;nps or auxiliary driving lamps are l;.g~ited. SECTION 20-7 hE~'LECT:i;S (a) fiery rriotor vehicle, trai"Ler, semi-trailer and pole trailer shall carry on the rear, eitaer as a ~>art of the tail lamps or separately, two or more red reflectors ;~;eetiug the requirements of tuffs section, excepi that t~iotorc~cles and motor-driven cycles shall carry at least one such reflector; t~rovided, nowever, that venicles of tt;e tyres mentioned in Section 20-10 shall be equipped with reflectors meeti~3~ the requirements of Sections 20-12 (a) and 20-i3 (a). (b) :3very such reflector sua11 be mounted on the vehicle at a hei;;ht not less t'aan 20 in w';es nor more t?;an GO inches measured as set forth in Section 20-4. (b), and s'"+~all be of such size and characteristics and so mounted ~s to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of lawful upcer beams o~ ea:~lamps, except that visibility from a greater distance is i7ereinafter required of reflectors on certain types of venicles. SECTION 2U-8 STOa• i,A::'3 ANt1 1'U><tId SIGNALS (a) very motor veG;icle, trailer, satni-trailer and pole trailer s:rall be equipped with two er :Wore stop lamps meeting the requirements of Section 20-21(a), except that motorcycles and motor-driven cycles shall be equipped tvi_t"rr at keast one stop lamp.vn a combie;ation of ve'~icl~s, only the stop lamps _SC_ on the rearmost vehicle need actually be seen from the distance specified in Section 20-21 (a). (b) very motor vehicle, trailer, se~,,i-tr:ziler and Hole trailer shall be equipped with electric turn si„Hal lamps meeting the requirements of Section 20-21 (b), except that passenger cars and trucks less ti~an r0 inches in widt;, and motorcycles and rnotor- driven cycles, need not be equipped with electric turn signal lamps. SECTION 20-9 Af~~~1LICA'4'IOiV OI'' SUCCEEDIi~?S S`3CTONS Those sections of this article which follow immediately, in- cludin~ Sections 20-10, 20-11, 20-12, 20-i3, an<I 20-14, relating to clearance lamps, marker lamps, and reflectors, shall apply as stated in said sections to vehicles of the ty,e therein enumerated, namely busses, trucks, truck tractors, and trailers, ser~ri-trailers and pole trailers, respectively, when o;~erated upon any highway, and said vehicles shall be equipped as required and x.11 lamp equipment required shall be li„hted at the times mentioned in Section 20-3. SECTION 20-10 ADDITIONb.A, .IGt.TIi7G E~UI/1~INT .:..EQUIF.ED ON CEk{TAIN V:31iIC:~ES in addition to other equipment required in Sections 20-5, 20-6, 20-7, and 20-II of this ordinance, the following vehicles shall be equipped as herein stated under tine conditions stated in Section 20-9, and in addition, the reflectors elsewhere enumerated for such vehicles s1~a11 conform to the requirements of Section 20-13 (a). (a) Busses and trucks 80 inches or more in over-all width: 1. ~n the front, two clearance lamps, one at each side, and three identification lamps meeting the specifications of subdivision (f ). 2. On the rear, two clearance lar~ips, one at each side, and three identification lams meeting t;ie specifications of subdivisions (f ), ,provided that reflectors may be used in lieu of clearance lamps on rear-end dump trucks and trucks equipped with i,yciraulic tailSates. -67- 3. On each side, two side marker lamps, one at or near the front and. one at or near the rear. 4. On each side, two reflectors, one at or near the front and one at or near the rear. (b) Trailers and semi-trailers 8U inches or more in over-all width: L. On the front, teao clearance Lamps, one at each side. 2. On the rear, twc clearance Lamps, one at each side, three identification lamps meeting the specifications of subdivision (f ). 5. On each side, two side marker lamps, one at or near the front and one at or near the rear. 4. On each side, tc~o reflectors, one at or near the front and one at or near the rear. (c) Truck tractors: On the front, two cab clearance Lamps, one at each side, and three identification lamps meeting the specifications of sub- division (f ). Cd) 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 showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer. _~g_ (f) l~lhenever required or permitted by this article, identi- fication lamps shall be grouped in a .horizontal row, with 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 centerline; provided., :however, that where t:he cab of a vehicle is not more than (}2 i.nc:hes wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with t:he requirements for front identification lamps. SECTION 20-11 COLOR Or CLEARAICE LAT4PS, IDETuTIPICATION LAT4PS, SIDE T~iART:ER LAi'4PS, BAC;.:-UP LATiPS AND REFZECTORS (a) Front clearance lamps, identification lamps and those marker lamps and reflectors mounted on the 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 the rear of a vehicle shall display or reflect a red color. (c) All lighting devices and reflectors mounted on t:he 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 light emitted by a back-up lamp shall be tiahite or amber. SECTION 20-12 iIOUNTING OF REi~ECTORS, CLEARANCE LAMPS AND SIDE MART~ER LAMPS (a) Reflectors oihen 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 tiihic:h the vehicle stands, except that if the :highest part of t:he permanent structure of t:he vehicle is less than 24 inches t:he reflector at such point shall be mounted -6S- as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated caith the tail lamp, but. such relector. shall meet all the other reflector requirements of this ordinance. (b) Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme vaidth and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both. SECTION 20-13 VISIBILITY I:ECUI.EMENTS FO!: REFLECTOi:S, CLEAi'~1NCE LAMPS, IDENTIFICATIOP7 LAMPS, AND i~1ARKER LAMPS (a) Every reflector upon any vehicle referred to in Section 20-1G shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of headlamps. reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the. rear. (b) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are require d at all distances between 500 and SJ feet from the front and rear, respectively, of the vehicle. (c) Side marker lamps shall be capable of bein;; seen and distinguished under normal atmospheric conditions at the times Lights are required at all distances between 500 and 50 feet from the side of the vehicle on which mounted. SECTIOTJ 20-14 OBST~cUCTED LIGHTS NOT i2EQUIi~ED 4lhenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) _70_ need not be lighted which, by reason of 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. SECTIOPJ 20-15 LAIdPS Oil FLE..GS ON P;;OJECTING LOAD 4;henever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section ?0-3, two red lamps, visibLr_ from a distance of at Least 500 feet to the rear, tcro red reflectors meeting the requirements oi: Section 2G-13(a), visible from the rear and located so as to indicate maximum caidth, and on each side one red lamp, visible from a distance of at least S00 feet to the side, Located so as to indicate maximum overhand. 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 2C-~. SECTION 20-1G LAT+1P5 ON P[iiZ1CED VEHICLES Ca) Every vehicle shall be equipped caith one or moi,e lamps which, when Lighted, shall display a white or amber light visible from a distance of L,J00 feet to the front of the vehicle, and a red light visible from a distance of 1,000 feet to the rear of the vehicle. The location of saki Lamp or lamps shall always 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 which i.s closest to passing traffic. The fore- going provisions shall not 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 highway, no lights need be displayed upon such parked vehicle. (c) 4henever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour alter sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance o~ 1,000 feet upon such highway, such vehicle so parlced or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a). (d) .Qny Lighted headlamps upon a parked vehicle shall be depressed or dimmed. SECTION 20-17 L6utiiPS Old FAF,iN Ti;ACTOiS, F~;iZttii EQUIPMENT AIdD IMPLEMENTS OF HUSBANDRY (a) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry shall a*_ all times mentioned in Section 20-3 be equipped with two single-beam or multiple-beam headlamps meeting the requirements of Sections :ZO-23 or 20-25 respectively, or, as an alternative, Section 20-27, and at Least two red Lamps visible c~hen lighted Prom a distance of not Less than 1,000 feet to the rear; and at least two red re:Electors visible from all distances within G00 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 towed implement of husbandry shall at all times mentioned in Section 20-3 be equipped with lamps as follows: 1. The farm tractor element of every such combination shall be equipped as required in paragraph (a) of this section. _72_ 2. The towed unit of farm equipment or implement of husbandry element or" such combination shall be equipped on the rear with two red lamps visible when Lighted from a distance of not less than L,C00 feet to the rear, and two red reflectors visible to the rear from all distances within SOG feet to 100 feet to the rear c~hen directly in front of 1a,oful upper beams of head- lamps. 3. Said combinations shall also be equipped ~~ith a lamp displaying a white or amber light:, or any shade of color between white and amber, visible when lighted from a distance of not less than 1,000 feet to the r'ront. 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 and the tc-ao 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 width of the vehicle or combination carrying them. SECTION 20-18 I,AN-'S OTQ OTHEI: VEHICLES .`tND EYUIYMELST Every vehicle, including animal-dra-.an vehicles and vehicles referred to in Section 20-1, 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 20-3 of this ordinance be eauipped with at least one latnp displaying a white light visible from a distance of not less than 2,000 feet to the front of said vehicle, and shall also be eauipped with two lamps displaying red light visible from a distance of not less than 1,000 feet to the Year of said vehicle, or as att alternative, one -73- lamp displaying a red light visible prom a distance of not less than L,000 feet to the rear and two red reflectors visible from all distances of 500 to 1C0 feet to the rear cahen illuminated by the upper beams of headlamps. SEQTION 20-19 SPOT LAMPS AND AU~:ILI~tt:Y :i:e~N1PS (a) Spot lamps - Any motor vehicle may be equipped crith not to exceed two spot Lamps and ever; lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will strike the windshield or any ca~.ndocas, mirror, or occupant of another vehicle in use. (b) Fog lamps - Fray 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 so aimed that when the vehicle is not loaded none of the high-intensity portion 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 caith lower headlamp beams as specified in Section 20-23. (c) Auxiliary passim lamps - Any motor vehicle may be equipped with not to es:ceed tcvo auxiliary passing lamps mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of Section 20-23 shall apply to any combination of headlamps and auxiliary passing lamps. (d) Auxiliary driving lamps - .any motor vehicle may be equipped wrath not to exceed two auxiliary driving lamps mounted on the front at a height not less than 1u inches nor more than 42 inches above the Level surface upon which the vehicle stands. The provisions of Section 20-23 shall apply to 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 authorised 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 twa alternately flashing red lights located at the same Level and to the rear two alternately flashing red lights J_ocated 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 re,d Light visible to the front of said vehicle for a distance of 500 feet in normal sunlight. Police vehicles shall be equipped with at least one flashing blue light visible to the front of said vehicle fur 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 att authorized emergency vehicle. (e) The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligation to yield right of way and stop as prescribed in Sections'-6 and 9-2 of this ordinance. (f) Every special hazard vehicle shall display flashing amber wartting 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 P'ngineers. -75- SECTION 20-21 SIGNAL LAMPS ~'1ND SIGNAL DEVICES (a) Any 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 need not be incorporated with one or more other rear Lamps. (b) ~:ny vehicla 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 ar 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 cahite 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 aver-a11 caidth shall be visible from a distance of not less than 500 feet in normal sunlight. Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not Less than 300 feet in normal sunlight. Turn signal lamps may, but need not be, incorporated in other Lamps on the vehicle. SECTION 20-22 ADDITIONAL LIGHTING EQUIPMEIQT (a) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare . -7G- (b) Any motor vehicle may be equipped caith 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 c~ith lamps which may be used fur the purpose of tiaarning the operatu-rs of other vehicles of the presence of a vehicular traffic hazard recuiring the exercise of unusual care in approaching, overtaking or passing, and when so eouipped may display such warning in addition to any other warning signals required by this ordinance. The lamps used to display such warning 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 show 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 1,500 feet under normal atmospheric conditions at night. (e) Any vehicle 80 inches or more in over-a11 width, ii not otherwise required by Section 20-10, may be equipped caith 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 showing 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 MiJL'PIPLE-BEAM ROAD-LIGHTING nYUIPMENT Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing Lamp or combination thereof -J7- 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 i`oLlocaing ]_imitations: (a) There shall be an ~.ippermost distribution of light, or composite beam, so aimed a.nd o:` such intensity as to reveal persons and vehicles at a distance of at Least 35C feet ahead i-or all conditions of Loadin. (b) There shall be a 1ov~ermost distribution of Light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least :LUU feet ahead; and on a straight Level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (c) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this county after January 1, 19n2, 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 it will be readily visible crithout glare to the driver of the vehicle so equipped. SECTION 20-24 USE OF ~ItJLTIPLE-IIEI-.cd ~:OAD-LIGHTIidG EQUIPMEi4T (a) ~lhenever 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 safe distance in advance of the vehicle, subject to the following requirements and limitations. (b) Whenever 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 of the oncoming driver. The lowermost distribution of light, or composite beam, speciied in Section 20-23(b) shall be deemed to avoid glare at all times, regardless of road contour and loading. (c) ~•Rzeneve-r the driver of a vehicle approaches another vehicle from the rear, within 300 feet, such driver sha:L1 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-BEAisi RO~~D-LIGHTIb1G EQUIPMENT Headlamp systems which provide only a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1902, in lieu of muitipie-beam ro ad-lighting equipment herein specified i~ the single distribution of Light complies caith the follocaing 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 i:4 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 ~S2 inches above the level on which the vehicle stanch at a distance of 75 feet ahead. 2. The intensity shall. be sufficient to re veal, persons and veh icles at a distance of at least 200 feet. SECTION 20-26 LIGHTIIdG EQUIPMENT ON MOTO::-DRIVEN CYCLES The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type but in either evaant 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 when the motor-driven cycle is operated at any -~J- speed less than 25 miles per hour and at a distance of not less than 200 feet when 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 cyc:l.e is equipped with a multiple-beam headlamp or headlamps the upper beam shall meet the minimum requirements set forth above and shalt not exceed the Limitations set forth in Section 2C~-23(a) and the lowermost beam shall meet the requirements applicable to a lowermost distribution of Light as set forth in Section 2G-23. 3. In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, said lamp or 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 hi€;her than the level of the center of the lamp from. which it comes. SECTION 20-27 ALTEi2NATE ~ZOAD-LIGHTIi~1G EcUIFMETdT Any motor vehicle ma~~ be operated under tree conditions specified in Section 20-3 when equipped wi*.h two lighted lamps upon the front thereof capable of -revealing persons and objects 75 feet ahead in lieu of lamps required in Sertio;. 20-23 or Section 20-25, provided, however, that at no time shall it be operated ata speed in e.ccess of 20 miles per hour. SECTION 2C-28 TNMBEit OF D2IVING LAT~I]?S i~EQUIkED Oil FExZMITTED (a) At all times specified 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- • • • • • ••• • • • • (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 o candlep ._ wer, not I110i('E 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 LAI;::;=5 • (a) Durinc the times specified in Section 20-3, any lighted lamp or illuminatin q device upon DOn a motor 0for veh zcle other than h an head- lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no ,:art 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 as 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 li ,hts are' ;)rohibited except as required in FTI Section 20-20 and authorized in Sections 20-21 and 20-22 . I • SECTION 20-30 BAKE EQUIPILENT U,QUIR Every motor vehicle, trailer, semi-trailer and pole trailer, and any combination of such vehicles operating upon a highway g aay 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 II in Section 1-39, shall be equipped with service brakes complying with the performance requirements of Section 20-31 and adequate to control the move,.ient of and to stop and hold such vehicle under all conditions -of loading, and on any grade incident to its operation. 1: A -81- • • (b) Parking brakes---adeguacv - Fvery 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 oc being applied in conformance with the: foregoing require- men a by the driver's muscular ef~ort or by spring action or by equivalent means. Their operation may Ue assist:ed by the service brakes or other source o~ poerer provided that failure of the service brake actuation system or other power assisting mechanism will not 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 e~:haustion oi: 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 with 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 sa constructed that failure of any one part shall not leave the vehicle without operative brakes. (c) 3rakes on all wheels - Every vehicle shall be equipped with brakes acting on all wheels except: 1. Trailers, semi-trailers, or pole trailers of a gross weight not exceeding 3,OG0 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 Y.he towing vehicle when connected to the trailer or trailers, and b. The combination of vehicles, consisting of the towing vehicle 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 wheels, need not have brakes on the front except that when such vehicles are equipped with ,at least two steerable axles, the wheels of one steerable axle need not have brakes. »{owever, 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 a 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 - Every 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 fifteen 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 with • -83- • • means for providing that in case of breakaway of the towed. vehicle, the tow ing vehicle will be capable of being stopped by the use of its service brakes. (f) Trailer air reservoirs safeguarded - Air brake systems installed on trailers ;Manufactured or assemmiblec, after July 1, 1961, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded. against .backflow of air from tie reservoir through the supply line. (g) Two means of emergency brake operation. 1. Air brakes. .every towing vehicle, when used to tow another vehicle equipped with air controlled brakes,, 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 ve'':xicle air supply to a fixed pressure which shall be not lower than 20 pounds per square inch nor higher than 45 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 method 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 weans . The automatic and the manual means required by this section may be, but are not required to be, searate. 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 -847 MMIlk • which .can be used to operate the brakes on towed vehicles 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 of the pressure upon ,: which the second control depends will 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, except motorcycles and motor-driven cycles, equipped with brakes shall have the brakin 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 a pK-ly to driveaway or towaway operations unless the brakes on the individual vehicles are designed • to be operated by a single control on the towing vehicle.. (i) Reservoir capacity and ' check valve- 1. Air brakes. Every bus, truck or truck tractor with air operated brakes spall be equipped with at least one reservoir sufficient to insure that , ws,en fully charged to the maximum pressure as regulated by the . air compressor governor cut-out setting, a full service brake aplication may •be made without lowering such reservoir pressure by more than 20 per cent. • Each reservoir shall be ' rovided with means for readily draining. accumulated oil or water. 2. Vacuum brakes, Every truck with three or more axles equipped with vacuum assistor type brakes and -85- • i • 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 charred 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. (j ) Warning devices 1. Air brakes. Every bus, truck or truck tractor using com:aressed air for the operation of its own brakes or the brakes on any towed vehicle, sha 11 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 :..ressure 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 three or more axles using vacuum in the operation of its brakes, • -86- e;~cept those in driveaway or towaway operations, shall be equipped crith a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which coi11 operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less thatt eight- incYies or mercury. ... Combination of warning devices. When a vehicle required to be equipped caith a c~a~ming device is equipped with both air and vacuum posae~ f_or the operation of its ovm brakes or the bra:;es on a sowed vehicle the turning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be adec;uate means of satisfying this requirement. SECTION 20-31 PEP.FOt~9AIdCE ABILITY OP FiRAKES 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 b-ra~:ing force that is not less than the per- centage of its gross weight tabulated herein for 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 than 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_ Brake system application Braking and braking force as a distance percentage in feet o~ gross Deceleration from an vehicle or in feet initial cornbittation per second speed of Classification of Vehicles weight per second 20 m.p.h. F Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturer's gross vehicle weight rating .................,.... 52.3% 17 25 B-1 i:11 motorcycles and motor-driven cycles ............................ 43.5% 14 30 B-2 Single unit vehicles with a manu- facturer's gross vehicle weight rating oz 10,000 pounds or less... 43.5% 14 30 C-1 Single unit vehicles with a manufacturer's gross weight rating of more than 10,000 pounds ............................ 43.5% 14 40 C-2 Combination of z two-axle towing vehicle anti a trailer ;pith a gross trailer weight of 3,000 pounds or less........... 4:;.5% 14 40 C-3 Buses, regardless of the number of axles, not having a manufac- turer's gross weight rating....... C-4 A11 combinations oP vehicles in driveaway-tocaaway operations...... D A11 other vehicles and combina- tions of vehicles ................. 43.5% 14 40 43 . S°% 14 40 43.5% 14 50 SECTIOPS 20-32 MAIi~1TENANCE OP BP.AKES All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practical with respect to the caheels on opposite sides of the vehicle. .iECTIOTd 20-33 Bi:ACES ON 1tOT0i:-DRIVEN 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 20-3~1, or -&u- which in his opinion is equipped with a braking system that is not so designed or constructed as to insure reasonable and reliable perfor- mance in actual use. (b) ldo person shall operate on any highway any vehicle referred to in this section in the event the Chief of :'o lice has disapproved the braking system upon. such vehicle. SECTION 20-3o- HYDt.AULIC S~~iu:^-; ;?LUID (a) The term "hydraulic fluid" a~ used in this section shall mean the 1i~ruid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. (b) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public. (c) Hydraulic brake fluid shall conform to the current stan- dards and specifications of the Society of Automotive Engineers applicable to such fluid. (d) i~To person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section. i4o person shall service any vehicle with bral.e fluid unless it complies with the requirements of this section. SECTIOiT 2G-35 130..1TS t.ND tdARbTING DEVICES (a) Bvery motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not Less than 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 Cohen reasonably necessary to insure safe operation give audible warning with his horn, but shall not other- wise use such horn when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, cohiscle or bell, except as otherwise permitted herein. -~~:- (c) It is permissible but not requlred that any commercial vehicle be equipped with a theft ~1arm signal device tohich is so arranged that it cannot be used by the driver as an ordinary warning signal. (d) einy authorized emergency vehicle may be equipped with a siren capable of emitting sound audible under normal conditions from a distance of not less than SGO feet e.nd of a type approved by the Chief of Police, but such siren shall not be used except when such vehicle is operated i,z response to au emergency gall or in the immediate pursuit of an ~:ctual or suspected violator of the law, in which said Latter events the driver of such vehicle shall sound said siren Cohen necessary to warn pedestr_ans and other drivers of the approach thereon. (e) lany trucl: used to haul dirt, rock, concrete, or other construction material may be equipped erith a horn, bell, o-r tiohistle 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 trucic is backing up. SECTION 20-35 MUFFLE'i.S; P~:EVENTION OF NOISE (a) The term "muffler" as used in this section means a device consisting of a series of baffle plates, or chambers, or perforated tube or tubes caith spun glass, spun steel or other type of sandwich packing, or of other mechanical desi~m or construction, for the purpose of receiving e::haust 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 uttless 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 annoyin€; fumes or smoke, and -90- 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 minimurn by a muffler such as is defined hex•ein. (c) No person shall operate a motor vehicle on a public highway or street unless the motor and/or exhaust system of such motor vehicle is properly equipped and adjusted so as to prevent the escape of excessive or annoying fumes or smoke, and the emission of excessive or unusual noise as defined. herein. (d) No person shall operate a motor vehicle on a public highway or street with a motor and/or exhaust system orhich has been altered or modified to such an extent that the noise emitted by the motor and/or e;:haust system thereof, shall be deemed a;:cessive or unusual as defined herein, or equipped crith a dummy muffler, cut-out, by-pass or other similar device. SECTION 20-37 T4I~S:01<S 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. SECTION 20-38 tidZNDSIiIELDS A4UST BE UTIOBSTRUCTED ~P]D EQUIPPED G7ITH '„7IPERS (a) ido person shall drive any motor vehicle with any sign, poster, or other non-transparent material upon the front windshield, side wings, or side or rear windows 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 looter right hand corner of the front windshield of a left-hand driven motor vehicle or at the lower left-hand corner of the front windshield of a right-hand driven vehicle. However, such posters or sticlers so placed shall not cover an area greater than four inches by si;; inches, except for non-residence permits or for military requirements, in which cases an additional area four and one-half inches by six inches may be used. - j ~ - (c) No person shall drive any motor vehicle with 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 windshield on every motor vehicle shall be equipped with a device for cleaning rain or other moisture from the caindshieid, which device shall be se 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. SECTIOTd 20-39 F~IPIDSIIIELDS, PENDEi v AND BUMPEi:S ,.:ECUIP.ED ON ALL VEHICLES Every motor vehicle upon a hi~hcaay, e~:cepting a motorcycle or motorscooter, shall be equipped with a windshield and front and rear bumpers. In addition, every motor vehicle upon .a hi~hcoay shall be i equipped with fenders fbr all wheels. b:he:-re the type of vehicle and the usage of the vehicle make the foregoing equipment impractical, such equipment may be eliminated upon approval o£ the Chief of Police. SECTION 2C-40 MUDGUF.:DS 1;ECUI2ED Ido person shall operate on any highcaay any motor vehicle, trailer, or semi-trailer unless equipped caith genders, 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 water or mud to 'the rear of the vehicle . SECTIOid 20-41 %EST~:ICTIOIdS AS TO TI~:E E~.UIPMENT (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 worn so smooth as to e3:pose any tread fabric or which have any defects likely to cause failure. _92_ (c) Every solid rubber ti re or, a vehicle shall have rubber on its entire traction surface at least one (1) inch thick above the edge of the Mange of t_he entire periphery. Cd) iTo person shall operate or move on any highway any motor vehicle, trailer or :~mi-trailer having any metal tire in contact with the roadway:. (e) No tire on a vehicle .noved 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, es;cept that it shall be permissible to use farm machinery with tires having protuberances which c~i11 not injure the highway, and e:ccept also that it shall be permissible to use tiro chains of reasonable proportions upon any vehicle when required for safety. (f) The State 'rIighway Engineer or his representative in the case of state highways or the Chief Engineer, Department of Public Uorlcs of this county, in the case of county highways, may :in their discretion issue special permits authorizing the operation upon a hi~hcaay o[ 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 otherwise be prohibited under this section. SECTIOTd 20-42 SAFETY GLAZIidG T~:'.TSicIAL IN 110TOi: VEHICLES (a) Tdo person shall sell any neca motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered the reafter unless such vehicle is equipped caith safety glazing material of a type meeting the current specifications of the Society of Automotive Engineers wherever glazing material is used in doors, windows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck _g3_ tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows and oaindshields in the drivers' compartments of such vehicles. (b) The term "safety glazing materials" means 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 oz injury tc persons by objects from exterior sources or by these safety g1a?in~ materials when they may be cracked or broken. (c) Tdo person shall operate a motor vehicle which is equipped with safety glazitt~ material sJhich is shattered or broken. SECTION 20-LS3 CEI,TAIPI VE:iICLE3 ^10 C!. ~Y F'~ir:ES U:'. OTiIET: tiiARTdITdG 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 from a half hour after sunset to a half hour before sunrise unless there shall be carried in such vehicle the following equip- meet evicept as provided in paragraph (b): 1. At least three flares or three red electric lanterns or three portable red emergency reflectors, e>_ach 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. ido flare, fusee, electric lantern or cloth cvarnin; flag 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. AIo portable reflector unit shall be used for the purpose of compliance with the require- ments of this, section unless it is so designed and constructed as to include two reflecting elements one above the other, each of which shall be capable of - ~ZS- reflecting red light clearly visible from all distances within X00 feet to 10u feet under normal atmospheric conditions at night Cohen directly in front of lawful upper beams of headlamps, and unless it is of a type which meets the current specifications or the Society o~ Automotive Engineers. ?. :'-'.t least three red-burning fusees unless red electric lanterns o-r red portable emergency reflectors are carried. 3. At least tao red-cloth flags, not :Less than 12 inches square, .with standards to support such flags. (b) No person shaL1 operate at the time and under conditions stated in paragraph (a` any motor vehicle used for the transportation of explosives, any cargo tans: truc'c 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 7_ante;.^ns or three portable red emergency reflectors meeting the requirem%;nts oz paragraph (a) of this section, and there shall not be carried i_n any said vehicle any flares, fusees, or signal produced by flame. SECTIODT 20-44 DISPLf~.Y 0'r' i~::SIIidG DEVI::i~S ;7HP~ VEHICLE DISABLED (z) "henever any motor truc'_c, passenger i~us, truck tractor, trailer, semi-trailer or pole trailer, or any motor vehicle towing 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 o such vehicle shall disglay the following oaarning devices upon the highooay during the time the vehicle is so disabled on the highway e;:cept as provided in paragraph (b). 1. !-: lighted Fusee, a Lighted red electric lantern or a portable red emergency reflector shall be immediately placed at the traffic side or the vehicle in the direction of the nearest approaching traffic. -9 5 - 2. As soon thereafter as possible but in any event within the burning period of the fusee (1S minutes), the driver shall place three liquid-burning flares (pot torches), or three ii~;hted red electric lanterns or three portable re3 emergency reflectors on the traveled portion of the highway in. the following order: a. One, appx•o;cimately 1C0 feet from the disabled vehicle ir. the cente~~ of the Lane occupied by such vehicle anti toward traf:~ic approaching in that Lane. b. One, approximately lOG £eet 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 lO 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 *_he vehicle in accordance with paragraph a of this secti at, i.t may be used for this purpose. (b) 4ihenever any vehicle referred to in this section is disabled within 500 feet of a curve, 'niLlcrest or other obstruction to view, the warning signal in that direct_~_on shall be so placed as to afford ample warning to other users o?. the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle. (c) Ldhenever 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 Ce) 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 o= the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic. Cd) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portior. o_ a highway or the shoulder thereof at any time when the display of fusses, flares, red electric Lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately 1GG feet in advance of the vehicle, and one at a distance of approximately L00 feet to the rear of the vehicle. (e) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable 1i~uid 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 portabl.~ red reflectors, one placed approximately 10C 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 ref Lectors and flags to be displayed as required in this section shall conform with the requirements of Section 20-43 applicable thereto. _97_ SECTION 20-45 VEHICLES Tiuai+7SPOcTING Ei:PL05IV E3 Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at a11. times comply with the provisions of this section. (a) ,laid vehicle shall be marked or placarded on each side and the rear with the oaord "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 word "Danger" in white letters G inches high. (b) Every said vehicle shall be equipped with not less than tcvo fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. SECTION 20-45 AIr.-CONDITIONING EQUIPMENT (a) The term "air-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 o~ the occupants of the vehicle and public and shall not contain any refrigerant which is to;cic to persons or cahich 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. (d) 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-conditionin„ equipment unless said equipment complies with the requirements of this section. _~S_ ARTICLE ?_i. IiQSPECTIOiV OF VEHICLES SECTIOtd 21-i VEHICLES ~'ITHOt7T I:EQUItZED ECUIPMENT Oi: IN UNSAFE CONDITIOid 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 La.c~ and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. SECTION 21-2 INSFECTIOi~S IiY OFFICE~:S OF THE POLICE DEPA:.TiiENT (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 apprcval be obtained within live days. SECTION 21-3 04dNE~S END D~IVE~S TO COMPLY WITH INSPECTION RE4UIREMEiVTS (a) Ido person driving a vehicle shall refuse to submit such vehicle to an inspection and test Cohen required to do so by the Chief of Police or an authorized off.cer or' the police department. (b) Every owner or driver, upon receiving a notice as provided in Section 21-2 of this ordinance, shall comply therewith and shall within five days secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained _cJ_ 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 inspectiott and approval has been obtained. (d) In the eveizt 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 highways of the county. (e) Registered owner's responsibility; registration plates as prima facie evidence as to inspection of vehicles. In any proceeding for violation of the provisions pertaining to inspection of motor vehicles as described in this ordinar_ce, the serial number displayed on the registration plate a*tac'red L-o the vehicle involved in such violation shall constitute ~: priir,a fade 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 PERIODICAL 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 and 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 20-38(b). -100- 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 March 31 of each year. Cb) Motor 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 e~~empt from the provisions set forth in this section. SECTIOIQ 21-5 APPOINTMENT OF OFFICIAL INSPECTION 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, windshield 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 attd adjustments. Before issuing a permit, the Chief of Police may require the applicant to file a bond conditioned that it o~ill 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 of the permit issued to a station which he finds is not properly equipped or conducted. Cd) 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 21-6 OPE:;~:TIOiQ OF OFFICIAL IISPECTION STATIONS (a) No permit for an official station shall be assigned or transferred or used at any location other than therein designated and every said permit shah. 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 cotrdition, properly adjusted, and safe, shall the said person affix: an official safety sticlcer to the windshield thereof. H report on each inspection conducted shall be made to the Chief of 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. SECTION 21-7 IiyPROPER :EPP.ESENTATIOYI AS OFFICIAL INSPECTION STATION (a) No person shall in any manner represent any place as an official inspection station unless such place is operating under a valid permit issued by the Chief of Police. (b) No person other than a person operating an inspection station under a valid permit shall issue a certificate of inspection and approval. SECTION 21-8 FALSE CERTIFICATES (a) No person shall make, issue, or knoc,ringly 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. ARTICLE 22. PENALTIE.i [hND PROCEDIAcES SECTIOP] 22-1 SIJI~Il~ONS O.^. CITATION There shall be provided for use by authorized police officers a form of summons or citation for use in citing violators of those -1~2- traffic laws which do not mandate the physical arrest of such violators. SECTION 22-2 SEVE~~BILITY If any provision of this ordinance is held for any reason invalid by a court o~ competent jurisdiction, such decision shall not affect the validity o~ the remaining provisions or" this ordinance. SECTION 22-3 PETIALTIES 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). At:TICLE 23. EFFECT AND SHORT TITLE SECTIOTT 23-1 EFFECT OF HEADINGS 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. SECTION 23-2 SHORT TITLE This ordinance may be cited as the Traffic Code. SECTION 23-3 ORDINANCE NOT RET;:,OGCTIVE 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 the rn from, or to any violation of the motox• 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 known that such part or parts thereof taould be declared unconstitutional. 1G3 _