CHAPTER 6
MOVING VIOLATIONS

SECTION:

5-6-1:    Infraction Penalty

5-6-2:    Basic Speed

5-6-3:    Minimum Speed

5-6-4:    Stop Signs

5-6-5:    Vehicles Entering Road Or Highway

5-6-6:    Yield Signs

5-6-7:    Emerging And Entering Alley, Driveway Or Building

5-6-8:    Stop When Traffic Obstructed

5-6-9:    Driving On Roads Or Highways Laned For Traffic

5-6-10:    Turning Movements And Required Signals

5-6-11:    Required Position And Method Of Turning At Intersections

5-6-12:    U-Turns

5-6-13:    Following Too Closely

5-6-1 INFRACTION PENALTY:

A.    Penalty Amount: Except in cases where a different punishment is prescribed by ordinance or state law, every public offense and every unlawful act declared by ordinance or state law to be an infraction is punishable by a fine not exceeding one hundred dollars ($100.00).

B.    Failure To Appear On Citation Or Summons: If the defendant fails to appear before the clerk at or before the time stated in an infraction citation or summons, the court shall enter default judgment against the defendant for the infraction as provided by law without giving further notice to the defendant.

C.    Failure To Appear After First Appearance: If a defendant fails to appear at the time fixed by a trial date notice or continuance notice served on the defendant as provided by law, the court shall enter default judgment against the defendant for the infraction without giving further notice to the defendant.

D.    Notice Of Default Judgment: If a default judgment is entered against a defendant for an infraction pursuant to law, the clerk shall mail a notice of judgment to the defendant at the address stated in the citation advising the defendant that the defendant must pay the judgment by a date certain which shall not be less than fourteen (14) days after the date of the notice. The notice shall state that failure to pay the judgment will result in suspension of his driver’s license. (1988 Code)

5-6-2 BASIC SPEED:

No person shall drive a vehicle on a highway at speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (1988 Code)

5-6-3 MINIMUM SPEED:

It shall be unlawful for any person to operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic at the point of operation thereof, except when a reduced speed is necessary for safe operation or in compliance with any law, rule or regulation. (1988 Code)

5-6-4 STOP SIGNS:

Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway, and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another street or which is approaching so closely on said street as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. (1988 Code)

5-6-5 VEHICLES ENTERING ROAD OR HIGHWAY:

The driver of a vehicle about to enter or cross a road or highway shall yield the right of way to all vehicles approaching on the road or highway to be entered or crossed. (1988 Code)

5-6-6 YIELD SIGNS:

A.    The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if not, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

B.    Or in obedience to the yield sign the driver shall yield the right of way to any vehicle in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign, such collision shall be deemed prima facie evidence of his failure to yield. (1988 Code)

5-6-7 EMERGING AND ENTERING ALLEY, DRIVEWAY OR BUILDING:

A.    The driver of a vehicle emerging from any alley, driveway or building onto any street shall stop such vehicle prior to driving upon or onto the sidewalk or sidewalk area extending across such alleyway or driveway, and shall yield the right of way to any pedestrian and upon entering the street shall yield the right of way to all vehicles approaching upon said street.

B.    The driver of a vehicle entering any alley, driveway or building shall yield the right of way to any pedestrian on the sidewalk area extending across such alleyway or driveway.

C.    The driver of any vehicle turning left entering an alley, driveway or building shall before and after making his turn yield the right of way to any vehicle approaching from the opposite direction. (1988 Code)

5-6-8 STOP WHEN TRAFFIC OBSTRUCTED:

No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the 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. (1988 Code)

5-6-9 DRIVING ON ROADS OR HIGHWAYS LANED FOR TRAFFIC:

Whenever any road or highway has been divided into two (2) or more clearly marked lanes for traffic the following, in addition to all else, shall apply:

A.    A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

B.    Upon a highway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by a traffic control device.

C.    Upon a roadway where traffic is permitted to move in both directions, whenever the center lane of said roadway is bounded by solid lines, vehicles shall travel upon said center lane only for the purposes of turning to the left or entering a designated traffic lane after completion of a left turn. Vehicles shall not use said center lane as a passing lane nor shall any vehicle travel upon said center lane for a distance of more than one hundred feet (100’) prior to turning to the left or following completion of a left.

D.    Traffic control devices may be erected directing specified traffic to use a designated lane, or designate those lanes to be used by traffic moving in a particular direction, regardless of the center of the highway and drivers of vehicles shall obey the directions of every device.

E.    Traffic control devices may be installed prohibiting the changing of lanes on sections of highways and drivers of vehicles shall obey the directions of every device. (1988 Code)

5-6-10 TURNING MOVEMENTS AND REQUIRED SIGNALS:

A.    No person shall turn a vehicle or move right or left upon a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.

B.    A signal of intention to turn or move right or left when required shall be given continuously to warn other traffic. On controlled access highways and before turning from a parked position, the signal shall be given continuously for not less than five (5) seconds and, in all other instances, for not less than the last one hundred feet (100’) traveled by the vehicle before turning.

C.    No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal. (1988 Code)

5-6-11 REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS:

The driver of vehicle intending to turn at an intersection shall do so as follows:

A.    Right Turns: Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of roadway.

B.    Left Turns On Two-Way Roadways: At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

C.    Left Turns On Other Than Two-Way Roadways: At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

D.    Designated Left Turn Lanes: Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by traffic control devices or otherwise:

1. A left turn shall not be made from any other lane;

2. A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the highway or when preparing for or making a U-turn when otherwise permitted by law. (1988 Code)

5-6-12 U-TURNS:

No U-turn, or turn reversing the direction of travel, shall be made at any location where "no U turn" signs are erected, nor at any intersection at which there is a traffic signal, nor at any place other than at an intersection, nor unless there be sufficient space to make such turn without backing. (1988 Code)

5-6-13 FOLLOWING TOO CLOSELY:

A.    The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle, the traffic upon and the condition of the highway.

B.    The driver of any motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residential district and which is following another motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This shall not prevent a motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.

C.    Motor vehicles being driven upon any highway outside of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each vehicle or combination of vehicles in order to enable any other vehicle to enter and occupy the space without danger. This provision shall not apply to funeral processions. (1988 Code)