ARTICLE VIII. OPERATION OF VEHICLES

DIVISION 1. GENERALLY

114-226 Stops required; signs.

When stop signs are erected upon highways intersecting a stop street at the entrances thereto or at the entrance to any intersection, every driver of a vehicle shall stop at every such sign or at a clearly marked stop line before entering the intersection except when directed to proceed by a police officer or traffic control signal.

(Code 1985, § 26-16)

114-227 Stop streets.

The engineering division of the department of public works and service shall determine the need for and installation of stop signs.

114-228 Stop streets; right-of-way.

(a)    The driver of a vehicle shall stop as required by this article at the entrance to a stop street and shall yield the right-of-way to other vehicles which have entered the intersection from the stop street, or which are approaching so closely on the stop street as to constitute an immediate hazard.

(b)    The driver of a vehicle shall stop in obedience to a stop sign as required in this article at an intersection where a stop sign is erected at one or more entrances thereto, although not a part of a stop street, and shall proceed cautiously, only after yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard.

(Code 1985, § 26-18)

114-229 Emergency vehicles; approaching vehicles.

(a)    Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the righthand edge or curb of the highway, clear of intersection. He 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.

(Code 1985, § 26-19)

114-230 Signals required while operating vehicle.

(a)    Before turning to the right or the left to leave a street and before turning around or stopping thereon or before materially varying the course in which the vehicle is proceeding the operator shall first ascertain that such movement can be made in safety, and shall give a warning signal to other operators by extending the arm beyond and outside the vehicle, holding the arm in a horizontal position for a sufficient time to apprise approaching operators of his intention to change his course or stop, as the case may be. In lieu of such signal, signals may be given by a mechanical or electrical device which conveys an intelligible warning to another driver approaching from the rear.

(b)    A standing vehicle about to start shall give moving vehicles the right-of-way and the operator shall give a timely and visible warning signal in some unmistakable manner before so starting.

(c)    In all cases the driver of a vehicle to whom a warning signal has been given, as required in this section and article, shall bring and keep his vehicle under such control as to be able to avoid an accident resulting from any misunderstanding of such signals, and shall in all cases heed any such warnings as have been given him.

(Code 1985, § 26-20)

114-231 Stop for traffic obstruction.

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

(Code 1985, § 26-21)

114-232 One-way streets; laned streets.

(a)    Upon those streets and parts of streets designated by the chief of police vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

(b)    On the highway divided longitudinally by a parkway, center walk, wall, sunken way, viaduct or traffic control device, the driver of a vehicle shall drive such vehicle only to the right of such longitudinal division.

(c)    No person shall at any time drive a vehicle to the left of the double yellow line painted longitudinally on the highway. No person shall at any time drive a motor vehicle to the left of a solid yellow line, painted longitudinally on the highway, on the approach to a hill, curve or intersection.

(Code 1985, § 26-22)

114-233 Backing restrictions.

(a)    No operator shall back his vehicle unless he has first ascertained that such action can be done safely. No vehicle shall be backed without first giving an unmistakable warning signal to pedestrians and approaching vehicles.

(b)    In no case shall a vehicle be backed a distance of more than 60 feet.

(c)    No vehicle shall be backed around a corner at an intersection of highways, unless preceded by an observer to safely direct the movement.

(Code 1985, § 26-23)

114-234 Emerging from alley or driveway.

The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway. Upon entering the roadway the driver shall yield the right-of-way to all vehicles approaching on the roadway.

(Code 1985, § 26-24)

114-235 Reckless driving prohibited.

Any person who drives any vehicle upon a highway or a frozen public lake, stream or pond or other place open to the general public, including any area designated for the parking of motor vehicles, within the city, carelessly, and heedlessly in wilful or wanton disregard of the rights or safety of others or without due caution of the rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be deemed guilty of reckless driving and upon conviction shall be punished as provided in this article.

(Code 1985, § 26-26)

114-236 Careless driving prohibited.

No person shall drive a motor vehicle while not exercising due care and caution to avoid endangering persons and property. Any person driving a motor vehicle who fails to exercise such due care and caution shall be deemed guilty of careless driving. The standard of care and caution required by this section shall be that which would be exercised by the ordinary prudent driver.

(Code 1985, § 26-27)

114-237 Drag racing prohibited.

(a)    No person shall operate any vehicle upon any highway or any other place open to the general public, including any area designated for the parking of motor vehicles, in a speed of acceleration contest or for the purpose of making a speed record, whether from a standing start of otherwise over a measured or unmeasured distance, or in a drag race.

(b)    The operation of two or more vehicles either at speeds in excess of prima facie lawfully established speeds of rapidly accelerating from a common starting point to a speed in excess of such prima facie lawful speed is prima facie evidence of drag racing.

(c)    As used in this section, drag race means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other over a common selected course or where timing is involved or where timing devices are used in competitive accelerations of speed by participating vehicles. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as participants.

(Code 1985, § 26-28)

114-238 U-turns; limitations.

No driver shall turn a vehicle around at any highway intersection or turn to proceed in the opposite direction where such turn is prohibited in any business section.

(Code 1985, § 26-40)

114-239 Turns through private property.

No operator shall attempt to avoid obedience to any regulation regarding a turn of any kind at any street intersection by driving upon or through any private property, such as an oil station, vacant lot or similar property.

(Code 1985, § 26-41)

114-240 Turning.

The driver of a vehicle intending to turn shall do so as follows:

(1)    Both the approach for a right turn and a right turn shall be made as close as practical to the righthand curb or edge of the roadway.

(2)    Approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and if entering an intersection, the left turn shall be made slightly to the left of the center and directly to the right of the centerline of the roadway being entered.

(3)    Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the centerline of the street being entered upon leaving the intersection.

(Code 1985, § 26-42)

114-241 Right-of-way regulations.

(a)    The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

(b)    When two vehicles enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. Where signs bearing the message “yield right-of-way” are erected upon the approach to an intersection, a driver approaching such sign shall slow to a reasonable speed for existing conditions of traffic and visibility, yielding the right-of-way to all traffic on the intersecting street which is so close as to constitute an immediate hazard.

(c)    The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article.

(d)    The foregoing rules are modified at stop streets and otherwise as stated in this article.

(Code 1985, § 26-43)

114-242 Turning left.

The driver of any vehicle intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.

(Code 1985, § 26-44)

114-243 Unattended vehicles; restrictions.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key, and when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway.

(Code 1985, § 26-45)

114-244 License, badge and certificate of title; plates.

(a)    Every operator of a motor vehicle shall at all times carry on his person his state license card, or tag or chauffeur’s badge, receipt of registration of title of the vehicle, and proof of insurance as provided by state law, when he is operating a motor vehicle along the public highways of the city. The required documents shall be given up by the driver for examination upon demand by any police officer of the city.

(b)    No person shall operate a motor vehicle on the highways of the city without having his motor vehicle equipped with license plates as provided for in Act No. 300 of the Public Acts of Michigan of 1949 (MCL 257.255 et seq., MSA 9.1955 et seq.), as amended, better known as the Michigan Motor Vehicle Law.

(Code 1985, § 26-46)

114-245 Prohibited acts concerning drivers licenses.

(a)    No person shall:

(1)    Display or cause or permit to be displayed or have in possession any operator’s or chauffeur’s license knowing the license to be fictitious or to have been cancelled, revoked, suspended or altered.

(2)    Lend to or knowingly permit use of, by one not entitled thereto, any operator’s or chauffeur’s license issued to the person so lending or permitting the use thereof.

(3)    Display or to represent as one’s own any operator’s or chauffeur’s license not issued to the person displaying the license.

(4)    Fail or refuse to surrender upon demand, any operator’s or chauffeur’s license which has been suspended, cancelled or revoked as provided by law.

(5)    Use a false or fictitious name or give a false or fictitious address in any application for an operator’s or chauffeur’s license, or any renewal or duplicate thereof, or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application.

(b)    Any person who violates this section is guilty of a misdemeanor.

(Code 1985, § 26-47; Ord. No. 1985, § 1, 12-30-91)

114-246 Open alcohol in motor vehicle.

(a)    A person shall not transport or possess any alcoholic liquor in a container which is open, uncapped or upon which the seal is broken, within the passenger compartment of a vehicle on the streets or highways of this city. If the vehicle does not have a trunk or a compartment separate from the passenger compartment, a container which is open, uncapped, or upon which the seal is broken shall be encased or enclosed.

(b)    This section shall not apply to any charter passenger vehicle licensed by the Michigan Public Service Commission.

(Code 1985, § 26-60.1)

114-247 Scattering injurious substances on highway.

(a)    No person shall throw, deposit or negligently scatter upon any highway any glass bottle, glass, nails, tacks, wire, cans, or 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 material 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.

(Code 1985, § 26-57)

114-248 Following fire apparatus.

The driver of any vehicle other than a vehicle 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.

(Code 1985, § 26-49)

114-249 Crossing fire hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.

(Code 1985, § 26-50)

114-250 Driving through processions.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this article. This section shall not apply at intersections where traffic is controlled by traffic control signals or police officers, or to emergency vehicles.

(Code 1985, § 26-51)

114-251 Procession identification; following.

(a)    A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant of a type designated by the chief of police.

(b)    Each driver in a funeral or other procession shall drive as near to the righthand edge of the roadway as practical and follow the vehicle ahead as close as practical.

(Code 1985, § 26-52)

114-252 Driving on sidewalks.

The driver of a vehicle shall not drive within any sidewalk area except at a permanent driveway.

(Code 1985, § 26-53)

114-253 Clinging to moving vehicles; position.

(a)    Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle shall not attach the vehicle or himself to any moving vehicle upon any roadway.

(b)    No person shall ride in or operate any motor vehicle unless all portions of such person’s body are entirely within that portion of the vehicle designated for the carrying of passengers or merchandise, or as otherwise permitted by this article. This section does not apply to any person whose employment makes it necessary to ride otherwise.

(Code 1985, § 26-54)

114-254 Riding on handle bars.

The operator of a motorcycle or bicycle when upon a street shall not carry any other person upon the handle bars, frame, or tank of any such vehicle, nor shall any person so ride upon any vehicle.

(Code 1985, § 26-55)

114-255 Walking on roadways.

Where sidewalks are provided, no pedestrian shall walk upon the main traveled portion of the highway. Where sidewalks are not provided, pedestrians shall, when practicable, walk on the left side of the highway facing traffic which passes nearest.

(Code 1985, § 26-36)

114-256 Pedestrians subject to traffic control signals.

(a)    Pedestrians shall be subject to traffic control signals at all intersections but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions as stated in this section.

(b)    Whenever any vehicle is stopped at a marked crosswalk, or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(c)    Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway. He shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

(Code 1985, § 26-37)

114-257 Use of right half of crosswalk.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(Code 1985, § 26-38)

114-258 Solicitation of rides.

No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle.

(Code 1985, § 26-39)

114-259 Speed limits designated.

Except in those instances where a lower speed is specified in this article, it shall be prima facie lawful for the driver of a vehicle to drive the vehicle at a speed not exceeding the following, but in any case when such speed would be unsafe, it shall not be lawful:

(1)    25 miles an hour on all highways in a business district;

(2)    25 miles an hour in a resident district unless a different speed is fixed by the council and duly posted.

(Code 1985, § 26-62)

114-260—114-270 Reserved.

DIVISION 2. ACCIDENTS

114-271 Accidents with vehicle damage or injuries.

(a)    The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 114-272

(b)    Any person failing to stop or comply with such requirements under such circumstances shall be guilty of a misdemeanor.

(c)    Every such stop shall be made without obstructing traffic more than is necessary.

(Code 1985, § 26-9)

114-272 Duty to give information and render aid.

The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving. He shall exhibit his operator’s or chauffeur’s license to the person struck, or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the making arrangements for the carrying of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

(Code 1985, § 26-10)

114-273 Duty upon striking unattended vehicle.

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop. He shall immediately either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. He shall immediately report such accident to the police station or a police officer.

(Code 1985, § 26-11)

114-274 Duty upon striking fixtures.

The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving. He shall, upon request and if available, exhibit his operator’s or chauffeur’s license. He shall immediately report such accident to the police station or a police officer.

(Code 1985, § 26-12)

114-275 Report to police.

The driver of any vehicle involved in an accident resulting in combined damage to all property to an apparent extent of $200.00 or more or resulting in personal injury or death of any person shall immediately report such accident to the police station or a police officer. The vehicle involved in any such accident shall not be driven or taken away from the scene of such accident until authorized by a member of the police department or when necessary for the preservation of life or aid to the injured.

(Code 1985, § 26-13)

114-276 Inability to report; garage keeper report.

(a)    Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made the report.

(b)    The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in a serious accident or struck by any bullet shall report to the nearest police station or sheriff’s office immediately after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of such vehicle.

(Code 1985, § 26-14)

114-277 Accident reports; effect.

All required accident reports and supplemental reports shall be without prejudice to the individual so reporting. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident.

(Code 1985, § 26-15)

114-278—114-285. Reserved.

DIVISION 3. PASSING REGULATIONS

114-286 Driving on right side; exception.

Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1)    When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2)    When the right half of the roadway is closed to traffic while under construction or repair;

(3)    Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

(4)    Upon a roadway designated and sign-posted for one-way traffic.

(Code 1985, § 26-29)

114-287 Passing vehicles proceeding 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 travelled portion of the roadway as nearly as possible.

(Code 1985, § 26-30)

114-288 Overtaking vehicle on 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:

(1)    The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(2)    Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal. He shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(Code 1985, § 26-31)

114-289 Overtaking on the right.

The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.

(Code 1985, § 26-32)

114-290 Overtaking on the left limited.

(a)    No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle shall return to the righthand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.

(b)    No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:

(1)    When approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed;

(2)    When approaching within 100 feet of any bridge, viaduct, or tunnel, or when approaching within 100 feet or traversing any intersection or railroad grade crossing; and

(3)    Where official signs are in place directing that traffic keep to the right or a distinctive centerline is marked, which distinctive line also directs traffic as declared in the sign manual adopted by the state highway commission.

(Code 1985, § 26-33)

114-291 Driving on laned roadway.

Whenever any roadway has been divided into three or more clearly marked lanes for traffic, the following rules in addition to all other consistent with this section shall apply:

(1)    A vehicle shall be driven as nearly as practical 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 and on highways with four or more lanes such vehicle shall be driven within the extreme righthand lane, except when overtaking and passing, but in no event shall cross the centerline of such highway except where making a left.

(2)    Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance or in preparation for a left turn or where such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation.

(3)    Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.

(Code 1985, § 26-34)

114-292 No passing at intersection.

No operator shall pass another vehicle proceeding in the same direction at a highway intersection, except where such passed vehicle is making a lefthand turn.

(Code 1985, § 26-35)

114-293—114-300 Reserved.

DIVISION 4. PARADES AND OUTDOOR PUBLIC ASSEMBLIES

114-301 Definition.

(a)    As used in this division:

Parade means any parade, march, ceremony, show, demonstration, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the city.

(Code 1985, § 16-42)

114-302 Permit required; exceptions.

(a)    No person shall engage in, participate in, aid, form or start any parade, unless a parade permit has been obtained from the chief of police.

(b)    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.

(Code 1985, § 16-43)

114-303 Time restrictions.

No parade shall be held between the hours of 10:00 p.m. to 8:00 a.m.

(Code 1985, § 16-44)

Decisional law reference—Validity of time restrictions, Abernathy v. Conroy, 429 F2d 1170(1970).

114-304 Permit application; filing; contents.

(a)    Application for a parade permit shall be filed with the police chief on forms provided by him.

(b)    An application for a parade permit shall be filed with the chief of police not less than 14 days before the date on which it is proposed to conduct the parade unless waived by the chief of police.

(c)    The application for a parade permit shall set forth the following information:

(1)    The name, address and telephone number of the person seeking to conduct such parade;

(2)    If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

(3)    The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

(4)    The date when the parade is to be conducted;

(5)    The route to be traveled, the starting point and the termination point;

(6)    The approximate number of persons who, and animals and vehicles which, will constitute each parade; the type of animals, and description of the vehicles;

(7)    The hours when such parade will start and terminate;

(8)    A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;

(9)    The location by streets of any assembly areas for such parade;

(10)    The time at which units of the parade will begin to assemble at any such assembly area or areas;

(11)    The interval of space to be maintained between units of such parade;

(12)    If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the chief of police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf;

(13)    Any additional information which the chief of police shall find reasonably necessary to a fair determination as to whether a permit should be issued.

(Code 1985, § 16-45)

114-305 Permit fee.

There shall be paid at the time of filing the application for a parade permit a fee in an amount as shall be designated by resolution of the council.

(Code 1985, § 16-46)

114-306 Standards for issuance.

(a)    The chief of police shall issue a permit as provided for hereunder 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 parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(2)    The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;

(3)    The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

(4)    The concentration of person, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(5)    The conduct of such parade will not interfere with the movement of firefighting equipment enroute to a fire;

(6)    The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

(7)    The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute.

(Code 1985, § 16-47)

114-307 Notice of rejection.

The chief of police shall act upon the application for a parade permit within a reasonable time but not less than seven days prior to the proposed date. If the chief of police disapproves the application, he shall notify the applicant within seven days after the date upon which the application was filed, of his action, stating the reasons for his denial of the permit.

(Code 1985, § 16-48)

114-308 Parade permit; basis for denial; subversive activities.

Without regard to the above provision of this division the chief, only from his consideration of available, appropriate and necessary information, shall deny the application for a license provided for by this article, when, from this information, he has reason to believe that any contemplated advocacy at the proposed event will be directed to inciting or producing imminent lawless action and will likely incite or produce such action.

(Code 1985, § 16-49)

114-309 Alternative permit.

The chief of police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the chief of police notify the chief of police of such acceptance. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this division.

(Code 1985, § 16-50)

114-310 Appeal procedure.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the city council. The appeal shall be taken within seven days after notice. The city council shall act upon the appeal within seven days after its receipt.

(Code 1985, § 16-51)

114-311 Notice to city and other officials.

Immediately upon the issuance of a parade permit, the chief of police shall send a copy thereof to the following:

(1)    The mayor;

(2)    The fire chief;

(3)    The director of the department of public works and services;

(4)    The general manager or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.

(Code 1985, § 16-52)

114-312 Contents of permit.

Each parade permit shall state the following information:

(1)    Starting time;

(2)    Minimum speed;

(3)    Maximum speed;

(4)    Maximum interval of space to be maintained between the units of the parade;

(5)    The portions of the streets to be traversed that may be occupied by the parade;

(6)    The maximum length of the parade in miles or fractions thereof;

(7)    Such other information as the chief of police finds necessary for the enforcement of this division.

(Code 1985, § 16-53)

114-313 Duties of permittee.

(a)    A permittee under this division shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(b)    The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

(Code 1985, § 16-54)

114-314 Revocation of permit.

The chief of police shall have the authority to revoke a parade permit issued under this division upon application of the standards for issuance as set forth in this division.

(Code 1985, § 16-55)

114-315 Public conduct during parades.

(a)    No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.

(b)    No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

(c)    The chief of police shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The chief of police shall post signs to such effect. No person shall park or leave unattended any vehicle in violation of such sign. No person shall be liable for parking on a street unposted in violation of this station.

(Code 1985, § 16-56)

114-316—114-325 Reserved.

DIVISION 5. EQUIPMENT

114-326 Horns.

(a)    Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of not less than 200 feet. Except as otherwise provided in this division, no vehicle shall be equipped with and no person shall use upon a vehicle any siren, exhaust, compression or spark plus whistle.

(b)    No person at any time shall use a horn otherwise than as a reasonable warning or make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

(Code 1985, § 26-100)

114-327 Acetylene lamps.

Motor vehicles equipped with acetylene headlamps shall be deemed to have complied with the provisions of this article, anything to the contrary notwithstanding, when such headlamps are fitted with six-inch bright spherical mirrors, five-eighths-inch burners and clear plain glass fronts. Nothing herein contained shall be considered as prohibited the use of acetylene lighting systems on motor vehicles.

(Code 1985, § 26-96)

114-328 Lights prohibited.

All lights on vehicles, except those required by state law or mentioned in section 114-333 are prohibited. Commercial vehicles for hire, however, may use additional lights for advertising purposes, provided the use of such lights does not interfere with traffic or prove a menace to safety.

(Code 1985, § 26-98)

114-329 Noises and gases prohibited.

No motor vehicle operator shall run his motor with cutout open, or make any other unnecessary sound disturbance or operate a vehicle emitting from any source an unreasonable quantity of smoke, noxious gases or vapor. This shall prohibit the sounding of any warning device while the vehicle is not in motion, except when necessary to avoid accident, except a burglar alarm.

(Code 1985, § 26-104)

114-330 Windshield.

(a)    A motor vehicle shall not be operated on city streets unless the vehicle is equipped with a windshield of sufficient dimensions to protect the driver and occupants from insects, other airborne objects; highway surface and debris when the motor vehicle is moving forward. A farm tractor, other implements of husbandry and historic vehicles as defined by state law, are exempt from this section.

(b)    When a motorcycle or motor-driven cycle operated on city streets in excess of 35 miles per hour is not equipped with a windshield, the operator shall wear transparent goggles or a face shield of eyeglasses made of shatter-resistant material and of sufficient size to protect his eyes against insects, other airborne material and highway surface water and debris.

(c)    The windshield on each motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled by the driver of the vehicle. A vehicle licensed as an historic vehicle is exempt from this subsection if the vehicle was not originally equipped with such a device.

(d)    Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(e)    A licensed commercial vehicle shall not be operated on the highways at any time from December 15th to March 15th, unless it is equipped with a hot-air windshield defroster or an electrically heated windshield or other scientific method that is devised so long as the windshield is heated and maintained in operable condition at all times.

(f)    A licensed motor vehicle which is manufactured after January 1, 1956, shall not be operated on the highways unless it is equipped with a windshield washer maintained in operable condition at all times and capable of cleaning the windshield so as to leave the driver with a clear view of the highway or an intersecting highway.

(g)    No driver shall operate a motor vehicle while his vision through the windshield or other windows is substantially impaired by ice, snow, or other matter or debris.

(Code 1985, § 26-103)

114-331 Mufflers.

Every motor vehicle when operated on a highway shall be equipped with a muffler in good working order, to minimize the exhaust noises from the motor.

(Code 1985, § 26-102)

114-332 Brakes.

(a)    Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including two separate means of applying the brakes. Each separate means shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to the two means. A motorcycle need be equipped with only one brake.

(b)    All such brakes shall be maintained in good working order.

(c)    Adequate brakes shall consist of:

(1)    A service brake capable of stopping the vehicle within a distance of 40 feet from a speed of 20 miles per hour on a dry, smooth, hard surface road free from any loose material; and,

(2)    An emergency brake, capable of the same performance as the service brake, and capable of holding the vehicle on any grade which it can ascend.

(Code 1985, § 26-99)

114-333 Spot lights and fog lights.

(a)    Any motor vehicle may be equipped with not more than two spot lights, except that a motorcycle shall not be equipped with more than one spot light. Every lighted spot light shall be so aimed and used upon approaching another vehicle so that no part of the beam shall be directed into the eyes of the approaching driver. One spot light may be used on a vehicle if placed not higher than the center of the windshield, and so adjusted that the rays are always directed downward and to the right of the vehicle.

(b)    Spot lights shall only emit either a white or amber light.

(c)    A motor vehicle may be equipped with not more than two fog lights mounted on the front of the vehicle at a height not less than 12 nor more than 30 inches above the level surface upon which the vehicle stands. Such fog lights shall be so aimed that when mounted on an unloaded vehicle, the high-intensity portion of the light to the left of the center of the vehicle shall not project higher than four inches below the level of the center of the mounted fog lights at a distance of 25 feet. Lighted fog lights meeting the requirements of this subsection may be used with lower head light beams.

(Code 1985, § 26-97)

114-334 Motorcycle lights.

Every motorcycle shall comply with all the requirements of section 114-335, with the exception that they shall be equipped with only one head lamp.

(Code 1985, § 26-95)

114-335 Required lights; specifications.

(a)    All lights required by this section shall be lighted while the vehicle is upon the highway during the nighttime, and at such other times when there is insufficient light to render clearly discernible any person on the highway at a distance of 500 feet ahead.

(b)    Whenever lights are required by this section to be visible or reveal objects a certain distance ahead, it shall be deemed to mean under normal atmospheric conditions.

(c)    Every motor vehicle shall be equipped with a minimum of two headlamps at the front of and on the opposite sides of the motor vehicle, projecting a white driving light sufficient to render clearly discernible a person 500 feet ahead, but shall not project a glaring or dazzling light to any approaching operator.

(d)    The headlamps shall be dimmed when the highway is sufficiently lighted to reveal a person on the highway at a distance of 500 feet ahead of the vehicle, and within a reasonable distance when approaching another vehicle traveling in the opposite direction.

(e)    Every motor vehicle and every trailer or semitrailer which is being drawn at the end of a train of vehicles shall carry at the rear a lamp exhibiting a red light visible for a distance of 500 feet to the rear of such vehicle and so constructed and placed that the license plate on the rear shall be so illuminated by a white light as to be read from a distance of 50 feet to the rear.

(Code 1985, § 26-94)

114-336 Other vehicles; lights.

All other vehicles except as provided in this article shall be equipped with one white lamp visible 500 feet to the front and one red lamp visible 500 feet to the rear of the vehicle.

(Code 1985, § 26-93)

114-337—114-345 Reserved.

DIVISION 6. TRAFFIC CONTROL DEVICES

114-346 Traffic control devices or railroad signs; interference.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any limit line, or any other part thereof.

(Code 1985, § 26-90)

114-347 Unauthorized signs, signals or markings; display.

(a)    No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. No person shall place or maintain nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(b)    Every such prohibited sign, signal, or marking is declared to be a public nuisance. The authority having jurisdiction over department of public works and services shall remove the sign or cause it to be removed without notice.

(Code 1985, § 26-89)

114-348 Flashing signals.

Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:

(1)    Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, 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). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(Code 1985, § 26-88)

114-349 Traffic control signal legend.

Whenever traffic is controlled by traffic control signals exhibiting the words “Go,” “Caution” or “Stop” or exhibiting different colored lights successively one at a time, the following colors only shall be used, and the terms and lights shall indicate as follows:

(1)    Green alone or “Go.” Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such a place prohibits either such turn. But vehicular traffic shall yield the right-of-way to other vehicles or pedestrians lawfully within the intersection at the time such signal is exhibited.

(2)    Yellow alone or “Caution” when shown following the green or “go” signal. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection.

(3)    Red alone or “Stop.”

a.    Vehicular traffic facing the red signal shall stop back of the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or “Go” is shown alone, unless otherwise indicated by a sign.

b.    No pedestrian facing such signal shall enter the roadway, unless he can do so safely, without interfering with vehicular traffic.

(4)    Red with green arrow.

a.    Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall not interfere with other traffic.

b.    No pedestrian facing such signal shall enter the roadway, unless he can do so safely without interfering with vehicular traffic.

(5)    Walk signal. Where walk signals are in use, pedestrian shall cross intersection only on the walk signal. If “wait” signal is in place, no pedestrian shall enter the street while such signal is showing.

(Code 1985, § 26-86)

114-350 No-turn signs and turning markers.

Whenever authorized signs are erected indicating that no right or left or “U” turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. When authorized marks, buttons, or other indications are placed within an intersection indicating the course to be travelled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

(Code 1985, § 26-83)

114-351 Obedience to traffic control devices.

(a)    The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic ordinances of this city, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this article.

(b)    No provisions of this article for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective without signs being erected to give notice thereof.

(Code 1985, § 26-82)

114-352 Pedestrians; obedience to signals.

(a)    When traffic control signals are not in place or not in operation 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 a 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. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(b)    Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(c)    Before entering any roadway, a pedestrian shall come to a full stop at the curb or edge of the roadway and then look for oncoming vehicles: Except that a pedestrian is not required to make such stop when crossing with a green or walk signal or at the direction of a police officer.

(Code 1985, § 26-87)

114-353—114-360 Reserved.