Chapter 10.04


10.04.010    Definition of words and phrases.

10.04.010 Definition of words and phrases.

The words and phrases defined in this chapter, when used in this title, shall have the meaning respectively ascribed to them in this chapter, except when the context otherwise requires.

“Arterial street” means any U.S. or state numbered route, controlled access highway, or other major radial or circumferential street or highway designated by the council within its jurisdiction as part of a major arterial system of streets or highways.

“Authorized emergency vehicle” means vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or other governmental units as are designated or authorized by the commissioner of public safety or the city council.

“Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels, either of which is more than 20 inches in diameter.

“Bus” means every public vehicle (as defined in KMC 5.40.010) designed for carrying more than 17 persons, including the driver.

“Business district” means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least 300 feet collectively on both sides of the highway.

“Controlled access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting lands, and other persons, have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

“Crosswalk” means:

(a)    That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway;

(b)    Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface

“Driver” means every person who drives or is in actual physical control of a vehicle.

“Explosives” means any chemical compound or mechanical mixture which is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustible units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects of contiguous objects or of destroying life or limb.

“Flammable liquid” means any liquid having a flash point below 200 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute).

“Highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the public as a matter of right, for purposes of vehicular traffic. “Highway” herein is synonymous with “street.”

“Implement of husbandry” means every vehicle which is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of his agricultural operations.

“Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.

“Local authorities” means every municipal and other local board or governmental body having authority to enact laws relating to traffic under the laws of Alaska.

“Low-speed vehicle” means a motor vehicle that has four wheels that was manufactured to be capable of propelling itself and achieving a maximum speed of 25 miles per hour that has not been modified to have a maximum speed greater than 25 miles per hour, and that meets weight, equipment, and safety standards set by the state of Alaska; weight, equipment, and safety standards shall be consistent with, and may not exceed, federal standards.

“Motor-driven cycle” means a motorcycle, motor scooter, motorized bicycle or similar conveyance with a motor attached and having an engine with 50 or less cubic centimeters of displacement.

“Motor vehicle” means every vehicle which is self-propelled.

“Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

“Notice of violation” means any notice denominated as a notice of violation which notifies a person that they have violated a provision of the Ketchikan Municipal Code for which a penalty of not more than a $300.00 fine may be imposed.

“Official traffic control devices” mean all signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

“Operator” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

“Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

“Parking enforcement officer” means a person designated in writing by the city manager or the manager’s designee to enforce all or any part of Chapters 10.56 and 10.60 KMC and all or any rules and regulations promulgated thereunder.

“Pedestrian” means any person afoot.

“Person” means any individual, a trust, estate, company, corporation, or partnership, and any group, joint venture, or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on.

“Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

“Private road” or “driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

“Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences and buildings in use for business.

“Right-of-way” means the privilege of the immediate use of the roadway.

“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein shall refer to any such roadway separately, but not to all such roadways collectively.

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

“School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or every motor vehicle privately owned and operated for compensation for the transportation of children to or from school.

“Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

“Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

“Stop” when required means complete cessation from movement.

“Stop” or stopping” when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signals.

“Street” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the public, as a matter of right, for purposes of vehicular traffic. “Street” herein is synonymous with “highway.”

“Through highway” means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such highway in obedience to either a stop sign or a yield sign, when such signs are erected or otherwise as provided in this title.

“Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

“Traffic authority” means the chief of police. When exercising any power granted to him by this title, the traffic authority (chief of police) shall be subject to any motion or resolution relating thereto passed by the city council.

“Traffic control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

“Urban district” means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more.

“Vehicle” means every device in, upon, or by which any person or property may be transported or drawn upon a highway, excepting devices moved by human power, or dogs or horses, or used exclusively upon stationary rails or tracks. (Ord. 1660 § 1, 2011; Ord. 1553 § 1, 2006; Ord. 1382 § 2, 1997; Ord. 1267 § 1, 1993; Ord. 1244 § 1, 1992; Ord. 1235 § 1, 1992; Ord. 1118 § 1, 1988; Code 1962 § 19-1. Formerly Code 1969 10.04.020 – 10.04.400)