ARTICLE II.
MOTOR VEHICLES AND TRAFFIC1

DIVISION 1. ADMINISTRATION AND ENFORCEMENT

Sec. 7-51 Authority of police and fire department officials.

(a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the state vehicle laws applicable to street traffic in this city.

(b) Officers of the police department and such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.

(Code 1966, § 4-20; Ord. No. 232, § 1, 4-14-75)

Sec. 7-52 Installation, removal, etc., of traffic signs, signals, etc.

(a) The public works director is hereby authorized to order the installation, removal or changing of traffic-control signs, signals and devices, including, but not limited to, stop signs, speed limit signs, yield signs, “no-turn” signs, one-way street signs, traffic lights and “no-parking” signs and/or markings, based upon the criteria set forth in the latest edition of the “Manual on Uniform Traffic Control Devices” (MUTCD) published by the U.S. Department of Transportation Federal Highway Administration.

(b) Upon receipt of a request to install or remove a traffic control sign, signal, marking, or warning device, the public works director or his designated agent shall circulate the request to the city’s traffic safety committee members for review and comment, and schedule a meeting of the traffic safety committee to determine if the request meets MUTCD criteria. The traffic safety committee shall made up of the public works director, street superintendent, chief of police, city engineer, city planning director, and the city risk management director, or their designated agents.

(c) The public works director is hereby authorized to order the installation, removal or changing of such traffic-control signs, signals and devices without following the procedure in subsection (a) when such immediate action is necessary to protect lives or property or to meet other similar emergency situations.

(d) The public works director is hereby authorized to maintain all traffic-control signs, signs, devices and markings erected, installed or changed pursuant to this Code.

(Code 1966, § 4.28; Ord. No. 232, § 2, 4-14-75; Ord. No. 1046, 6-5-95)

Sec. 7-53 Ratification of existing signs, signals, etc.

The erection and location of all traffic-control signs, signals and devices which are in place on the adoption date of this Code are hereby confirmed and approved by the common council.

Sec. 7-54 Records.

The police department shall keep such records of accidents and arrests as are required by state law.

(Code 1966, §§ 4-21—4-25)

Secs. 7-557-70. Reserved.

DIVISION 2. TRAFFIC RULES

Sec. 7-71 Speed limits.

(a) All speed limits in the city, except those limits regulating the speed of vehicles in public parks and alleys, shall conform to those set forth in section 28-701 of the Arizona Revised Statutes, and amendments thereto, and to those limits where the common council or the chief of police has altered the prima facie speed limits under the provisions of section 28-703 of the Arizona Revised Statutes.

(b) No person shall drive a vehicle on any of the streets, roadways, or thoroughfares in any public park, or in any alley in the city, at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, and in every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyances, and in no event shall a person drive a vehicle in any public park in the city at a speed greater than ten (10) miles an hour, nor shall a person drive a vehicle in any alley in the city at a speed greater than fifteen (15) miles an hour.

(c) Any speed in excess of the limits specified in this section shall be prima facie evidence that the speed is not reasonable or prudent.

(d) Speeding in temporary traffic control zone when workers are present prohibited. A person shall not drive in a temporary traffic control zone at a speed greater than the speed posted for that zone when the project is posted in accordance with subsection 3-4(g) of the City of Kingman Streets and Sidewalks Development Rules and Regulations and workers are present. Violation of this section shall constitute a civil infraction punishable by a fine of two hundred fifty dollars ($250.00). No judge may suspend the imposition of the minimum fine which shall be imposed in addition to any fines imposed for violation of Arizona Revised Statutes section 28-701. Such fines shall only be assessed if signs have been erected upon or around the temporary traffic control zone which are clearly visible from the roadway and which state substantially the following: $250.00 fine for speeding when workers present.

(Code 1966, § 4-37; Ord. No. 126, § 1, 12-14-70; Ord. No. 522, 11-21-83; Ord. No. 1324, § 1, 3-4-02)

Sec. 7-72 Driving in parks.

No person shall drive in a public park except upon a roadway.

(Ord. No. 522, 11-21-83)

Sec. 7-73 Damaging roadway.

No person shall operate a vehicle in such a way as to cause damage to the roadway.

(1970 Supp., § 13-10; Ord. No. 522, 11-21-83)

Sec. 7-74 Squealing tires.

No person shall operate a motor vehicle so as to create loud and unnecessary noise through the squealing of tires upon the pavement.

(1970 Supp., § 13-10; Ord. No. 522, 11-21-83)

Sec. 7-75 Driving on private property.

(a) No person shall drive any vehicle upon or through private property in order to avoid compliance with the provisions of this Code or the Arizona traffic laws.

(b) It is a civil traffic violation for any person to operate, drive or leave any motor vehicle, motorcycle, motor scooter, minibike, trailbike, dune buggy, jeep or other form of transportation propelled by an internal combustion engine upon the private property of another or upon public property which is not held open to the public for vehicle use, without permission from the owner of the property or the person entitled to immediate possession thereof, or the authorized agent of either.

(c) Whenever any person is stopped by a police officer for investigation of a violation of paragraph (b), the person shall show proof that the permission required has been obtained, and from whom permission was obtained.

(d) Penalties for violations of this section shall be in accordance with section 1-8 of this Code, which reads as follows:

(1) Any person found guilty of violating any provision of this city’s codes and regulations, or amendments thereto, except as may otherwise be expressly provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as described in this subsection.

(2) Any violation of the provisions of this city’s codes and regulations, or amendments thereto, shall also constitute a civil offense, and any person who is served with a civil citation charging such violation and who admits, or is convicted of, such offense shall be liable to pay the city a civil sanction in an amount not to exceed two hundred fifty dollars ($250.00.)

(Code 1966, § 4-33(E); Ord. No. 522, 11-21-83; Ord. No. 574, § 1, 6-3-85; Ord. No. 1267, § 1, 9-5-00; Ord. No. 1327, § 2, 4-1-02)

Sec. 7-76 Special event permit.

(a) Definitions. As used in this section, the term:

(1) “Special event” shall mean any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place, or on private property that would have an impact upon city services.

(2) “Chief of police” shall mean the chief of police for the Kingman police department or their designee.

(3) “Fire chief” shall mean the chief of the Kingman fire department or their designee.

(4) “Noncommercial event” means any event that does not charge admission, have vendors, or is held to raise money.

(b) Exemptions. This section shall not apply to:

(1) Funeral processions.

(2) Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities.

(3) A governmental agency acting within the scope of its functions.

(4) Any noncommercial event that is to take place entirely within the boundaries of a public park, if a parks permit has been obtained from the parks department for the event and the event is anticipated to have less than two hundred (200) people in attendance.

(5) Labor or political picketing conducted entirely without the use of any public street. Picketing conducted pursuant to this exemption shall not obstruct or block any public street, sidewalk or right-of-way.

(6) Gatherings entirely on private property of less than two hundred (200) people.

(7) Athletic events held within a city park with parks department approval.

(c) Permit required. Any person who engages in, participates in, aids, forms or starts any special event must have a special event permit issued by the chief of police.

(d) Permit application.

(1) Any person desiring a special event permit shall file an application with the city clerk’s office on forms provided by such department. Such application shall be filed not less than sixty (60) days before the date on which it is proposed to conduct the special event. Permit applications may be obtained from the city clerk.

(2) The application for a special event permit shall be approved or denied by the chief of police within fourteen (14) days of filing. If it is determined that the permit approval or denial process will exceed fourteen (14) days, the applicant shall be notified in writing.

(3) The chief of police, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than sixty (60) days before the date such special event is proposed to be conducted.

(e) Costs. If the city must use police officers or other city employees for traffic, crowd control, and other types of necessary duties, all costs must be paid by the person or organization filing for permit. The city may require that up to one-half (1/2) of the anticipated costs be paid prior to the date the event is held.

(f) Standards for permit issuance. The chief of police shall issue a special event permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1) The conduct of the special event will not substantially interrupt the safe and orderly movement of traffic contiguous to its location.

(2) The conduct of the special event will not require the diversion of so great a number of police officers of this municipality to properly police the special event and the areas contiguous thereto as to prevent normal police protection to this municipality.

(3) The conduct of such special event will not require the diversion of so great a number of emergency medical personnel as to prevent normal emergency medical service to portions of this municipality other than that to be occupied by the special event and areas contiguous thereto.

(4) The concentration of persons, animals and vehicles at the special event will not unduly interfere with proper fire and police protection of, or emergency medical service to, areas contiguous to such event areas.

(5) The conduct of such special event will not interfere with the movement of fire-fighting equipment en route to a fire.

(6) The special event organizer has secured permits from the state and county as necessary.

(7) The special event will not constitute a fire hazard or be unreasonably loud, nor create an unsafe environment for spectators, participants, or passersby.

(8) The special event is not to be held for the sole purpose of advertising any product, goods, or events, and is not designed to be held purely for private profit.

(9) The special event coordinator shall ensure that all participants are aware of the terms and conditions of the special event permit.

(10) The special event application shall be reviewed by all appropriate city departments as necessary, prior to approval.

(11) The special event coordinator shall provide proof of compliance with all state and county laws and regulations applicable to the special event, prior to approval.

(g) Notice of permit denial. If the chief of police disapproves the application for a special event permit, he shall mail to the applicant within three (3) business days after the date upon which the application was denied a notice of his action. A denial of a special event permit may be appealed to the city manager. The applicant must submit a written appeal to the city manager no later than ten (10) business days of the denial. The city manager shall review the application and staff comments. The city manager may affirm the denial, approve the permit, or provide an alternative permit.

(h) Alternative permit. The chief of police, in denying an application for a special event permit, shall be empowered to authorize the conduct of the special event on a date, at a time, or a different location from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three (3) business days after notice of the action of the chief of police, file a written notice of acceptance with the chief of police. An alternate special event permit shall conform to the requirements of, and shall have the effect of, a special event permit under this section.

(i) Insurance and liability requirements. Each special event organizer must provide sufficient liability insurance and waivers as required by the risk management director.

(j) Carrying permit. The special event organizer or other person heading or leading such activity shall have immediately available the special event permit during the conduct of the special event.

(k) Revocation of a permit. City of Kingman officials shall be allowed to inspect all vehicles, floats, and associated structures for fire and personnel safety as well as compliance with the terms and conditions of the special event permit.

The chief of police or fire chief shall have the authority to revoke a special event permit issued hereunder upon application of the standards for issuance as set forth in this section. If the chief of police or fire chief revokes a permit, the permit holder may appeal to the city manager for relief under the procedure provided in subsection (g) of this section.

(l) Interfering with a special event. Any person who impedes, disrupts, or interferes with a special event conducted pursuant to a permit issued under this section shall be guilty of a Class 3 (three) misdemeanor. “Interferes with” means any interruption of the special event, including joining a special event without the permission of the special event organizers.

(m) Compliance with laws and regulations. Any participant in a special event under this section shall comply with all permit directions and conditions and with all federal, state and local laws. A violation of this subsection shall constitute a misdemeanor.

(n) The chief of police shall uniformly consider each application upon its merit and shall not discriminate in granting or denying permits under this section based upon political, religious, ethnic, race, disability, sexual orientation or gender related grounds.

(o) In the event the chief of police intends to deny a special event permit or issue an alternative permit, the chief of police shall consult with the city attorney’s office to ensure that there are no violations of federal or state constitutional rights or processes.

(p) If any section, subsection, sentence, clause or phrase of this section is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

(q) A violation of this section is a Class 1 (one) misdemeanor with the exception of subsection (l) of this section, which is a Class 3 (three) misdemeanor.

(Code 1966, § 4-34; Ord. No. 522, 11-21-83; Ord. No. 545, § 1, 2-19-85; Ord. No. 601, 4-21-86; Ord. No. 1656, § 1, 5-4-09; Ord. No. 1733, § 1, 7-17-12)

State law references: Power of city to regulate or prohibit procession or assemblages on highway, A.R.S. § 28-627 (A)(3).

Sec. 7-77 Stopping, standing or parking.

(1) Applicability. The provisions of this section prohibiting the standing, stopping or parking of a vehicle shall apply at all times or at all times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. The provisions of this division imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the standing, stopping or parking of vehicles in specified times.

(Code 1966, § 4-10; Ord. No. 233, 5-12-75)

(2) Compliance required.

(a) No person shall stop, stand or park a vehicle where such is prohibited by official signs or where the curb is painted red.

(b) No person shall stand or park a vehicle between the hours or on the days specified on official signs installed prohibiting such standing or parking.

(Code 1966, § 4-11; Ord. No. 233, 5-12-75)

(3) Presumption in reference to illegal parking. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

(Code 1966, § 4-11; Ord. No. 233, 5-12-75)

(4) Timed parking.

(a) Reserved.

(b) Thirty-minute parking. Parking shall be for no more than thirty (30) minutes between the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays and holidays on the north side of Andy Devine Avenue between Fourth Street and Fifth Street, except that the chief of police may designate three (3) parking spaces that will be two-hour parking.

(Ord. No. 233, 5-12-75; Ord. No. 301, § II, 10-11-77; Ord. No. 516(R), 11-7-83; Ord. No. 518, §§ 1, 2, 11-21-83; Ord. No. 583, § 1, 8-19-85; Ord. No. 778, 11-6-89)

(5) Disabled persons.

(a) On public rights-of-way the public works director shall determine and designate with proper signs or markings, parking stalls, places or areas for disabled person parking with the distinguishing insignia or the international wheelchair symbol. Such stalls, places or areas shall be laid out and/or constructed so as to meet the design criteria of the Americans with Disabilities Act. The expense and installation of the signs on private property shall be the responsibility of the property owner. Approved signs may be purchased from either a private sign supplier or the city public works department. Such stalls, places or areas shall be specifically reserved for motor vehicles bearing proper identification plates or placard with the international wheelchair symbol affixed, issued pursuant to the Arizona Revised Statutes. The public works director is authorized to establish such stalls, places or areas upon any public roadway or upon request of the owner or operator, upon any lot or area within the city. Upon receipt of a request to install and/or designate a parking stall, place or area for physically disabled parking, the public works director or his/her designated agent shall circulate the request to the city’s traffic safety committee members for review and comment, and schedule a meeting of the traffic safety committee to determine if the request and/or location meets the criteria of the Americans with Disabilities Act.

(b) No person shall park a motor vehicle in a stall, place or area designated by signs or markings restricting said stall, place or area for physically disabled parking. This prohibition shall apply to roadways and properly designated lots and areas within the city.

(Ord. No. 335, § 1, 10-10-78; Ord. No. 1046, 6-5-95)

(6) Impending traffic on street. No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic.

(Code 1966, § 4-12(d); Ord. No. 233, 5-12-75)

(7) Parking in alley. No person shall stand or park a vehicle in an alley at any time except for the loading or unloading, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic. If alley must be blocked for any period of time beyond thirty (30) minutes, driver shall notify police and fire dispatchers.

(Code 1966, § 4-2(e); Ord. No. 233, 5-12-75)

(8) Parking for display or working on vehicle. No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale, displaying advertising, displaying commercial exhibits, or washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency.

(Code 1966, § 4-12(f); Ord. No. 233, 5-12-75)

(9) Blocking entrance to driveway or alley. No person shall leave a vehicle parked or standing in such a manner as to block the entrance to a driveway or alley.

(Code 1966, § 4-12(g); Ord. No. 233, 5-12-75)

(10) Parallel parking. Except as otherwise provided, no person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the curbside wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway.

(Code 1966, § 4-12(h); Ord. No. 233, 5-12-75)

(11) Angle parking. No person shall park or stand a vehicle upon those streets which have been signed or marked by the city for angle parking, other than at the angle to the curb or edge of the roadway indicated by such signs or markings. Backing into these angle parking spaces is hereby prohibited.

(Code 1966, § 4-12(i); Ord. No. 233, 5-12-75)

(12) Roadside parking. No person shall park any vehicle at any time in that area between the curb and the sidewalk. On those roadways without curbs no person shall park a vehicle so as to force a pedestrian to walk in the traveled portion of the roadway.

(Code 1966, § 4-12(j); Ord. No. 233, 5-12-75)

(13) Reserved.

(Code 1966, § 4-13; Ord. No. 233, 5-12-75; Ord. No. 455(R), § 2, 3-8-82; Ord. No. 484, § 2, 3-14-83; Ord. No. 522, 11-21-83)

Sec. 7-77.1 Commercial parking prohibited on residential streets.

(1) Except as provided in subsection (2), no person shall park or leave standing a commercial vehicle on any street or portion thereof in a residential district as defined by the zoning ordinance of the city.

(2) The prohibition herein imposed shall not apply to the parking or standing of a commercial vehicle for the purpose of:

(a) Making pickups or deliveries from or to any building or structure within a residential district; or

(b) Delivering materials to be used in the construction, remodeling, or repair of any building or structure for which a building permit has been obtained.

(3) For purposes of this section, the term “commercial vehicle” shall mean a semitractor, semitrailer, or other tandem-axle vehicle used for commercial purposes.

(4) This section shall be enforced by the police department only upon receipt of a citizen complaint that a violation is occurring or has occurred. Violators shall be subject to civil sanctions as provided in section 7-78, and each day that a violation continues shall constitute a separate violation.

(Ord. No. 855, § 1, 3-4-91)

Sec. 7-78 Violation; classification; civil sanction.

Any violation of or failure or refusal to do or perform any act required by Division 2, “Traffic Rules.” Article II, Chapter 7, Kingman Code of Ordinances, constitutes a civil traffic violation, subject to the provisions of Chapter 6, Articles 20 and 21 of Title 28, Arizona Revised Statutes. Any person who violates any of the provisions of the aforesaid traffic rules is subject to a civil sanction. A civil sanction imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00).

(Ord. No. 522, 11-21-83)

Sec. 7-79 Regulation of coasting vehicles.

(a) Definitions as used in this section. The following words shall have the accompanying meanings:

Central business district. That area of public right-of-way along the north side of Andy Devine Avenue lying between North 3rd and North 6th Streets; that area of public right-of-way of East Beale Street lying between North 1st and North 6th Streets; that area of public right-of-way of North 3rd Street lying between Andy Devine Avenue and Oak Street; that area of public right-of-way of North 4th Street lying between Andy Devine Avenue and Spring Street; that area of public right-of-way of North 5th Street lying between Andy Devine Avenue and Spring Street; and that area of public right-of-way of Oak Street lying between North 3rd and North 5th Streets.

Coasting vehicle. Any self-propelled object of human travel having limited or no mechanism or other device with which to steer or control the direction of movement or speed thereof such as, but not limited to, skateboards, roller skates and sleds, but not including bicycles, wheelchairs or emergency medical apparatus.

Public parking lots. Those areas owned or under the control of a city, county or governmental agency and used primarily for the parking of motor vehicles.

Public right-of-way. Land or property acquired for, or devoted to a street, highway, pedestrian passage or other public improvement.

Reckless. An unreasonable risk of injury to persons or damage to property of another.

Street. Street shall include all public streets, highways, roads, avenues, lanes, alleyways, public parking lots or public rights-of-way used for the passage and or parking of motor vehicles. Street shall mean the area between the curbs or, if no curbs, that portion of the public right-of-way used for the passage of or parking of motor vehicles. Street shall not include areas closed pursuant to a parade permit.

(b) Prohibited places of operation.

(1) Except as provided in this paragraph, no person shall operate or cause to be operated any coasting vehicle on any public street. If there is no sidewalk available, coasting vehicles may be operated between sunrise and sunset in residential streets so long as it is operated as far on the right-hand side of the roadway as is practicable, in the same direction as traffic.

(2) No person shall operate, or cause to be operated, any coasting vehicle in the central business district.

(3) No person shall operate, or cause to be operated, any coasting vehicle in a public parking lot.

(4) No person shall operate a coasting vehicle in violation of a sign erected by the city or other governmental entity prohibiting or regulating coasting vehicles.

(c) Coasting vehicles on business property.

(1) No person shall operate a coasting vehicle on the premises of any business in violation of a sign complying with this section.

(2) Areas in which coasting vehicles are prohibited must be indicated by one (1) or more signs which are positioned to provide actual or constructive notice and which contain the words “No Coasting Vehicles” or any other word or combination of words indicating that coasting vehicles are prohibited. Such sign must also contain the words “KC 7-79” or “City Code 7-79.”

(d) Operation in reckless manner prohibited. No person shall operate any coasting vehicle in a reckless manner or in a manner creating interference with pedestrian or vehicular traffic upon any public right-of-way or upon any land, property or facilities owned by the city.

(e) Violations and penalties.

(1) Any person found to have violated this section shall be guilty of a civil traffic offense and, upon conviction, shall be liable for the following fines and penalties:

a. First offense: A fine not exceeding twenty-five dollars ($25.00).

b. Second offense: A fine not exceeding fifty dollars ($50.00).

c. Third offense: A fine not exceeding one hundred dollars ($100.00).

d. Subsequent offense: A fine of three hundred dollars ($300.00).

(2) Any parent or guardian who knowingly permits his/her minor child or ward to violate any of the provisions of this section shall, upon conviction before the city magistrate, pay a fine of one hundred dollars ($100.00) for each such violation.

(Ord. No. 763, § 1, 8-21-89; Ord. No. 770, 10-2-89)

Sec. 7-80 Camping municipal and commercial property.

(a) Definition of camping. “Camping” or “camp” shall mean the use of an area outdoors for living accommodation purposes, and shall include, but not be limited to, erecting a tent or other type of shelter, or laying down bedding material, or both, for the purpose of, or in such a way as will permit it to be used for living accommodation purposes or for sleeping purposes; or parking a trailer, camper or other vehicle for the foregoing purposes.

(b) Camping on municipal property. No person shall camp on municipal property, public streets or rights-of-way, unless that property is specifically posted with sign age allowing camping, or such use is otherwise expressly authorized by the City of Kingman.

(c) Camping on commercial property. No person shall camp on commercial property, unless the property is a legally established and licensed trailer, RV or mobile home park maintained and operated in accordance with the City of Kingman Zoning Code or, unless the person is the legally authorized driver or passenger of a commercial vehicle with sleeping facilities parked at a legally authorized truck stop.

(Ord. No. 1201, § 1, 1-4-99)

Sec. 7-81 Excessive vehicular noise and smoky emissions; repair orders.

(a) It is unlawful for any person to operate a motor vehicle which is not equipped with a muffler and exhaust system in good working order and in constant operation to prevent excessive noise or smoky emissions. It is further unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.

(b) For purposes of subsection (a) of this section, “excessive noise or emissions” means that which is substantially beyond that which is normal or reasonable and clearly demonstrative of the absence of proper exhaust or noise reduction equipment or equipment that is not in proper adjustment or repair.

(c) If a vehicle is deemed by a city police officer to be in violation of subsection (a) of this section, the officer shall give a written notice to the driver. The officer’s department shall retain the original of the notice. The notice shall state:

(1) That the vehicle is required to be put in compliance with subsection (a) of this section and that the vehicle’s equipment is required to be properly repaired and adjusted.

(2) The particulars with reference to the requirements provided in subsection (a) of this section.

(3) That a certificate of repair or adjustment of faulty equipment shall be obtained from a within five (5) days.

(d) On receiving a notice as provided in subsection (c) of this section, the owner or driver of the vehicle shall comply with the notice and shall secure within five (5) days the certification of adjustment or repair that is required by the notice. When the certification is completed, the notice shall be forwarded to the issuing department. The driver or owner of the vehicle may obtain the repair or adjustment at any place the owner chooses. In lieu of compliance with this subsection the vehicle shall not be operated.

(e) The chief of the city police department shall prescribe the form of the notice required by subsection (c) of this section.

(Ord. No. 1255(Rev.), § 1, 6-5-00)

Sec. 7-82 Regulation of motorized skateboards and motorized play vehicles.

(a) Definitions as used in this section. The following words shall have the accompanying meanings:

Motorized skateboard. A self-propelled device which has a motor or engine, a deck on which a person may ride and has at least two (2) wheels in contact with the ground and which is not otherwise defined in A.R.S. title 28, as amended, as a “motor vehicle,” “motor driven cycle” or “motorized wheelchair.”

Motorized play vehicle. A coaster, scooter, any other alternatively fueled device (excluding battery operated toy carts designed for children under the age of eight (8) years to ride in or on) or other motorized vehicle that is self-propelled by a motor or engine and which is not otherwise defined in A.R.S. Title 28, as a “motor vehicle,” “motor-driven cycle” or “motorized wheelchair.”

(b) Applicability of traffic laws.

(1) All traffic laws shall apply to persons riding motorized skateboards and motorized play vehicles except as to special regulation herein set forth and except as to those provisions which by their nature can have no application. Every person operating a motorized skateboard or motorized play vehicle upon a roadway shall be granted all the rights and be subject to all the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to the vehicles, or by the traffic regulations in this chapter and except as to those provisions which by their nature can have no application.

(2) It is unlawful for any person operating a motorized skateboard or motorized play vehicle not to obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.

(3) This section shall not be construed to require the licensing of motorized skateboards or motorized play vehicles or their operators, or the carrying of insurance covering accidents involving motorized skateboards or motorized play vehicles.

(c) Prohibited places of operation. No person shall operate a motorized skateboard or motorized play vehicle:

(1) In the central business district as that area is defined under section 7-79 of this Code.

(2) On any property that has been posted or designated by the owner or person in lawful control of such property as an area prohibiting the use of skateboards, motorized skateboards or motorized play vehicles.

(3) On any private property of another, or any public property which is not held open to the public for vehicle use, without the written permission of the owner or the person in lawful control of such property.

(4) On any public roadway consisting of a total of four (4) or more marked traffic lanes, or having an established speed limit of greater than twenty-five (25) miles per hour.

(5) On any city parking lot or in any city park, except for use on public roadways within the park, or within areas designated for the use of such vehicles.

(6) On any sidewalk, except for use in crossing such sidewalk by the most direct route to gain access to any public or private road or driveway.

(d) General operating restrictions.

(1) No person shall operate a motorized skateboard or motorized play vehicle in excess of the speed that is reasonable and prudent under existing circumstances or the lawfully posted limit, whichever is the least.

(2) No operator of a motorized skateboard or motorized play vehicle shall allow passengers when the vehicle is in motion.

(3) No person shall operate a motorized skateboard or motorized play vehicle while carrying any package, bundle or article which prevents the operator from keeping both hands on the steering mechanism at all times.

(4) No person other than the owner shall operate a motorized skateboard or motorized play vehicle without the permission of the owner.

(5) No person shall operate a motorized skateboard or motorized play vehicle while towing or pulling another person or object.

(6) The operator of a motorized skateboard or motorized play vehicle, approaching a sidewalk, bicycle path, bicycle lane, or multi-use path in order to cross such, shall yield the right-of-way to all other users.

(7) No person shall operate a motorized skateboard or motorized play vehicle unless it is equipped with a brake which enables the operator to make a braked wheel(s) skid on pavement.

(8) No child under the age of thirteen (13) shall operate a motorized skateboard or motorized play vehicle.

(9) No person operating a motorized skateboard or motorized play vehicle shall attach themselves or the motorized skateboard or motorized play vehicle in any manner to any other vehicle.

(10) Any operator under the age of sixteen (16) years of a motorized skateboard or motorized play vehicle being operated on a roadway shall at all times wear a protective helmet on his or her head in an appropriate and safely secured manner. The helmet should at a minimum meet the standards of testing and safety requirements for the bicycle industry.

(11) The operator of a motorized skateboard or motorized play vehicle shall wear at all times, eye protection.

(12) The operator of a motorized skateboard or motorized play vehicle shall wear footwear which has a sole and completely covers the feet and toes.

(13) A person operating a motorized skateboard or motorized play vehicle on a roadway at less than the normal speed of traffic, at the time and place and under the then existing conditions, shall ride as close as practicable to the right-hand curb or edge of the roadway, except under the following conditions and when the movement can be made safely:

a. If overtaking and passing a bicycle or vehicle proceeding in the same direction.

b. If preparing for a left turn at an intersection or into a private roadway or driveway.

c. If reasonably necessary to avoid hazardous conditions in the roadway.

d. If the lane in which the person is operating the motorized skateboard or motorized play vehicle is too narrow for it and the other vehicle to travel side by side.

(14) Persons operating motorized skateboards or motorized play vehicles on the roadway shall not ride more than two (2) abreast.

(15) No person shall operate a motorized skateboard or motorized play vehicle without a head lamp emitting a beam and a red rear reflector anytime from one-half (1/2) of an hour prior to sunset and one-half (1/2) of an hour after sunrise, or any other time when there is not sufficient light to render clearly identifiable objects, persons, or vehicles on the roadway.

a. A headlamp shall emit a white light and be visible from the front at a distance no less than five hundred (500) feet.

b. A rear reflector shall be visible when illuminated by a vehicle headlamp from a distance of not less than three hundred (300) feet.

c. A rear red lamp visible from a distance of five hundred (500) feet to the rear may be used in addition to the rear red reflector.

(16) No person shall operate a motorized skateboard or motorized play vehicle which is powered by combustible fuel unless it is equipped at all times with a muffler that is in good working order and that is in constant operation to prevent excessive or unusual noise.

(17) No person shall operate a motorized skateboard or motorized play vehicle if the muffler or any other mechanical device has been modified from its original design.

(18) No person shall operate any motorized skateboard or motorized play vehicle in a reckless manner or in a manner creating interference with pedestrian or vehicular traffic upon any public right-of-way or upon any land, property or facilities owned by the city.

(e) Violations and penalties.

(1) Any person found to have violated this section shall be guilty of a civil traffic offense and upon conviction, shall be liable for the following fines and penalties:

a. First offense: A fine not exceeding twenty-five dollars ($25.00).

b. Second offense: A fine not exceeding fifty dollars ($50.00).

c. Third offense: A fine not exceeding one hundred dollars ($100.00).

d. Subsequent offense: A fine of three hundred dollars ($300.00).

(2) Any parent who knowingly permits his/her minor child or ward to violate any of the provisions of this section shall, upon conviction before the city magistrate, pay a fine of one hundred dollars ($100.00) for each such violation.

(Ord. No. 1385, § 1, 9-15-03)

Sec. 7-83 Regulation of wheeled devices in public parks.

(a) No person shall operate a skateboard, conventional or in-line skates, bicycle, wagon, or other wheeled vehicle or device in a public park, or other public property, where one or more signs are posted prohibiting such activity, or in a manner which causes injury to any person or damage to public or private property.

(b) No person shall operate a bicycle on or at the skateboard facility located at Firefighter Park, 2001 Detroit Avenue.

(c) Any person in violation of this offense may have their wheeled device impounded by law enforcement. The wheeled device may be retained by law enforcement as evidence for possible criminal charges. If the wheeled device is not recovered in ninety (90) days following disposition of charges, it may be disposed of in any manner deemed acceptable to the chief of police.

(d) A violation of this section may be charged as a criminal or civil offense.

(Ord. No. 1497, § 1, 9-6-05; Ord. No. 1497R, § 1, 3-19-07; Ord. No. 1640, § 1, 12-1-08)

Sec. 7-84. Smoking in motor vehicles with a minor.

(a) It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes, cigars, or other combustible substances or to use an electronic nicotine delivery system designed for the purpose of inhaling and exhaling aerosol or vapor in any manner or form in a motor vehicle when a person under the age of eighteen (18) is present in that motor vehicle.

(1) It is not a defense to a violation of this section that the windows of the motor vehicle are down, the motor vehicle is a convertible, or that the vehicle was not in motion.

(2) A police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or offense. A police officer may not stop a driver only for suspected violation of this section.

(b) A violation of this section shall be considered a nonmoving civil violation.

(1) Each person in the motor vehicle under the age of eighteen (18) is a separate violation of this section subject to fine.

(2) For a first offense of this section, there shall be a fine of fifty dollars ($50.00). For each subsequent offense, the fine shall be one hundred dollars ($100.00).

(c) The court may suspend the fines for violations of this section if:

(1) The person has not previously been found responsible of a violation of this section; and

(2) The person proves to the court that the person has completed an approved smoking education program.

(Ord. No. 1797, § 1, 5-19-15)

Sec. 7-85. Unlawful use of a mobile electronic device.

(a) It shall be unlawful for any person to operate a motor vehicle while using a mobile electronic device.

(b) Definitions.

(1) “Mobile electronic device” means any handheld or other portable electronic equipment capable of providing wireless or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer video game, or digital photographic device, but does not include any audio equipment or any equipment installed to the motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seat of the motor vehicle.

(2) “Use or using” means holding a mobile electronic device while operating a motor vehicle.

(3) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to the mobile telephone, whether or not permanently installed to the motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

(4) “Operating a motor vehicle” means operating a motor vehicle on any right-of-way including being temporarily stationary due to traffic, road conditions or traffic control sign or signal, but not including being parked on the side or shoulder of any right-of-way where such vehicle is safely able to maintain stationary.

(c) Exceptions. The provisions of this section do not apply to:

(1) Emergency responders using a mobile electronic device while in the performance and the scope of their official duties;

(2) A driver who is reporting a medical emergency, a safety hazard or criminal activity, or who is requesting assistance related to a medical emergency, a safety hazard, or criminal activity;

(3) A driver using a two-way radio or a private land mobile radio system, within the meaning of 47 CFR Part 90, while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license; or

(4) A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two (2) way radio;

(5) A driver using a mobile electronic device in hands-free or voice-operated mode; and

(6) A driver using a mobile electronic device while parked on the shoulder of a roadway.

(d) A violation of this section is a primary civil traffic violation.

(e) Penalties. Any person who violates this section shall be guilty of a civil traffic violation and shall be fined one hundred dollars ($100.00) plus court assessments for the first offense, two hundred fifty dollars ($250.00) plus court assessments for a second offense, and five hundred dollars ($500.00) plus court assessments for any subsequent offense within a twenty-four (24) month period.

(Ord. No. 1807, § 1, 12-1-15)

Secs. 7-867-125. Reserved.


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Cross references: Fire lanes on private property, § 5-124; streets and sidewalks, § 5-156 et seq.

State law references: Powers of local authorities, A.R.S. § 28-627.