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. 7-55—7-70. 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) “Applicant” means the individual who submits the special event application.
(2) “Chief of police” means the City of Kingman police department chief or their designee.
(3) “City clerk” means the City of Kingman clerk or their designee.
(4) “City manager” means the City of Kingman manager or their designee.
(5) “Day” means a calendar day.
(6) “Fire chief” means the City of Kingman fire department chief or their designee.
(7) “First Amendment activity” means all expressive and associative activity conducted on private property or public forums that is protected by the United States and Arizona Constitutions, including speech, press, assembly and the right to petition but does not include commercial advertising or commercial speech.
(8) “First Amendment event” means an event where the sole activity is a First Amendment activity.
(9) “Noncommercial event” means any event that does not charge admission, have vendors, or is held to raise money.
(10) “Parks department” means the City of Kingman parks and recreation department.
(11) “Risk management director” means the City of Kingman human resources risk management director or their designee.
(12) “Special event” shall mean any parade, march, ceremony, show, exhibition, pageant, gathering, 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 that meets any of the following conditions:
a. Requires a special event liquor license; or
b. Involves the closing or partial closing of a public street or right-of-way; or that restricts the use of a public street or right-of-way, which includes by way of example, but not limitation, races over public streets and/or sidewalks; or
c. Involves the preparing and/or serving of food or drink which requires a county health permit; or
d. Involves heating or cooking equipment; or
e. Involves a tent being erected; or
f. A fireworks display.
This list is not exhaustive and applicants should contact the city clerk to determine if their event requires a special event permit.
(13) “Special event committee” means the internal City of Kingman staff members assigned to review special event permit applications.
(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.
(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 unless a special event permit is required under subsection (a)(12) of this section.
(7) Athletic events held within a city park with parks department approval.
(8) First Amendment events.
(c) Permit required. Except as otherwise provided in subsection (b) of this section, it is unlawful for any person to conduct, hold, sponsor or cause to be held a special event without first having obtained a special event permit from the city clerk. A vendor at a special event will need to acquire a permit under Chapter 8, Article III.
(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 submitted:
a. If the special event involves the closing or partial closing of a public street or right-of-way or restricts the use of a public street or right-of-way, at least ninety (90) days in advance of the scheduled start date.
b. If the special event does not involve the closing of restricting of streets, at least forty-five (45) days in advance of the scheduled start date.
Permit applications may be obtained from the city clerk or on the City of Kingman website.
(2) The special event committee shall act promptly upon a timely filed special event application. The special event committee shall not grant or deny an application more than thirty (30) days after said application has been filed and completed in its entirety.
(3) The city manager, where good cause is shown, shall have the authority to consider any application hereunder which is filed less than forty-five (45) days before the date such special event is proposed to be conducted.
(e) Costs. The application fee for a special event permit is one hundred dollars ($100.00) when requesting street closures and fifty dollars ($50.00) if a street closure is not required.
(f) Standards for permit issuance. The city clerk shall issue a special event permit when, from a consideration of the application and from such other information as may otherwise be obtained, the special event committee 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 special event committee denies the application for a special event permit, the city clerk shall mail to the applicant within five (5) days after the date upon which the application was denied a notice of this 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 fourteen (14) business days of the denial. The city manager shall review the application and staff comments. The city manager may affirm the denial or approve the permit.
(h) Insurance and liability requirements. Each special event organizer must provide sufficient liability insurance and waivers as required by the risk management director.
(i) 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.
(j) Revocation of a permit. City of Kingman officials shall be allowed to inspect all vehicles, vending booths, 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 immediately upon a violation of the conditions or standards for issuance as set forth in this section, or when a public emergency arises where the city resources required for that emergency are so great that deployment of police services for the event would have an immediate and adverse effect upon the welfare and safety of persons or property. 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.
(k) 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.
(l) Unauthorized acts. It shall be unlawful for any person to:
(1) Hold a special event that requires a permit or administrative approval under this chapter without obtaining the permit or administrative approval.
(2) Fail to conduct the special event as presented on the application.
(3) Hold a special event that violates the terms and conditions of the special event permit.
(4) Hold a special event that violates other laws, including, but not limited to, laws relating to the traffic regulations, disturbing the peace, public nuisance, unlawful assembly or trespass.
(m) The special event committee 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.
(n) In the event the special event committee intends to deny a special event permit, the special event committee shall consult with the Kingman city attorney’s office to ensure that there are no violations of federal or state constitutional rights or processes.
(o) 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.
(p) A violation of this section is a Class 1 (one) misdemeanor with the exception of subsection (k) 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; Ord. No. 1929, § 1, 8-3-21)
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 Storage and parking of vehicles in residential zoning districts.
(a) Storage and parking of commercial vehicles in residential zoning districts.
(1) Except while loading, unloading, delivering, or making a service call at a residence, no person shall park or store a commercial vehicle except for tow trucks, as defined in A.R.S. § 28-2231, and with a chassis rated for more than three and one-half (3-1/2) tons nor any vehicle greater than twenty-two (22) feet in length on streets in residential zoning districts or within the following areas on residential lots:
a. Within the front yard or street side yard.
b. Within the side yard or rear yard unless the vehicle is located behind a six (6) foot high solid masonry, concrete, or earthen product wall, or behind sight-restrictive fencing. Any access gates shall be constructed of view-obscuring materials to provide effective sight screening.
(2) Except while loading, unloading, delivering or making a service call at a residence, no person shall park or store any commercially registered vehicle with a chassis rated for more than five (5) tons anywhere in residential zoning districts.
(b) Storage and parking of unoccupied non-commercial recreational vehicles, boats, truck campers, camping trailers, travel trailers, and utility trailers.
(1) For the purposes of this section only, “unoccupied” means a vehicle that, while being parked or stored, is not used for the purposes of living, sleeping or housekeeping.
(2) Unoccupied noncommercial recreational vehicles, boats, truck campers, camping trailers, travel trailers and utility trailers shall not be parked, stored or located on city streets in residential zoning districts except as follows:
a. Such vehicles shall not be parked, stored or located in that portion of a street or roadway that is in the front of the primary residential structure for more than seventy-two (72) consecutive hours.
b. The vehicle or trailer must not be located on a residentially zoned lot or parcel of land that does not have a residential structure.
c. The vehicle or trailer may be stored on developed residential properties as described in section 26.830 of the Zoning Ordinance of the City of Kingman.
(Ord. No. 1876, § 1, 10-2-18)
Editor’s note: Ord. No. 1876, § 1, adopted Oct. 2, 2018, repealed the former § 7-77.1, which pertained to commercial parking on residential streets and derived from 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 Reserved.
*Editor’s note: Ord. No. 1937, § 1, adopted Feb. 15, 2022, repealed § 7-82, which pertained to the regulation of motorized skateboards and play vehicles and derived from 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 Reserved.
Editor’s note: Ord. No. 1918, § 1, adopted Jan. 19, 2021, repealed § 7-85, which pertained to the unlawful use of mobile electronic devices and derived from Ord. No. 1807, § 1, 12-1-15.
Secs. 7-86—7-125. Reserved.
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.