ALP

*Cross references: Placing handbills on vehicles, § 3-20; airports, ch. 4; alcoholic beverages, ch. 5; bicycles, ch. 10; application of traffic regulations to bicycles, § 10-34; fire protection and prevention, ch. 16; refusal to admit certain vehicles to sanitary landfill, § 18-35; mobile homes, ch. 24; motor vehicles, ch. 25; noise control, ch. 25 1/2; vehicle parking in parks, § 27-7; vehicles left in parks after closing hours, § 27-16.7; peddlers and vendors, ch. 29; signs and outdoor advertising, ch. 37; streets and sidewalks, ch. 38; permit for parade or assembly required, § 38-134; vehicles for hire, ch. 43; surface ambulance services, § 43-60 et seq.; zoning regulations pertaining to parking, loading and stacking, app. B, ch. 15.55; extraterritorial parking and loading regulations, app. C, art. 16.00.

State law references: Regulation of traffic, SDCL 9-30-4, 9-31-1 et seq.; motor vehicles, SDCL tit. 32.

Article XIX. Photo Monitoring Systems for Enforcement of Traffic Control Signals

ARTICLE I. IN GENERAL

Sec. 40-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult tricycle means every vehicle having three wheels, propelled solely by human power, upon which any adult may ride, except scooters, children's tricycles and similar devices.

Authorized emergency vehicle means vehicles of a fire department, police vehicles and such ambulances and emergency vehicles of city departments or public service corporations as are designated or authorized by the department.

Bicycle means every vehicle having two tandem wheels, propelled solely by human power, upon which any person may ride, except scooters and similar devices, but including adult tricycles.

Business district means the territory contiguous to a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.

Crosswalk means 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; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Curb means the extreme edge or lateral boundary of a roadway, whether marked by curbing or not so marked.

Curb loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Delivery vehicle means any vehicle used for deliveries in a business district and displaying a sign on the curb side of the vehicle. The sign must be of a permanent material, show the company name, indicate that the vehicle is a delivery vehicle, and have a minimum size of six inches by 12 inches.

Intersection means the area embraced within the prolongation of the lateral curblines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses the other. However, such area in the case of the point where an alley and a street meet within the city is not an intersection.

Laned street means a street, the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

Motorcycle means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "tractor."

Official traffic signals means all signals, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning or regulating traffic.

Official traffic signs means all signs and markings, other than signals, not inconsistent with this chapter, placed or erected by a public body or official having jurisdiction for the purpose of guiding, directing, warning, or regulating traffic.

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.

Parkway means the paved or unpaved strip of land paralleling the roadway and located between the roadway and sidewalk area.

Police officer means every officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Private road or driveway means every road or driveway not open to the use of the public for purposes of vehicular travel.

Recreation trails means any publicly owned pathway within the floodplain of the Sioux River and the pathways which lead directly into this pathway system which are open to the public for recreation or travel and which prohibit motorists from traveling upon them.

Residence district means the territory contiguous to a highway not comprising a business district when the frontage on such highway for a distance of 300 feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business.

Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the word "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

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

Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel.

Through street means any street or part of a street that has an intersecting street controlled by traffic control signals or stop or yield signs.

Traffic means pedestrians, ridden animals, herded animals and vehicles while using any street for purpose of travel.

Traffic control signal means any device using colored lights, or words, or any combination thereof, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks, including bicycles and ridden animals.

(1957 Rev. Ords., § 13.101; Ord. No. 2423, 6-13-66; Ord. No. 28-83, § 1, 5-2-83; Ord. No. 32-93, § 1, 4-26-93)

Sec. 40-2. Ordinances saved from repeal.

Nothing contained in this Code, nor in the ordinance adopting this Code, shall be construed to repeal or otherwise affect in any manner any ordinance designating one-way streets or alleys, through streets, stop or yield intersections, intersections at which traffic control signals are to be installed, areas or spaces in which the parking of vehicles is prohibited or limited, intersections at which the turning of vehicles is prohibited, restricted or regulated, speed limits or any other ordinance regulating traffic on specific streets, alleys or other public ways in the city or portions thereof or in specific areas of the city and all such ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Secs. 40-3--40-5. Reserved.

Sec. 40-6. Clinging to moving vehicle.

No person traveling upon any bicycle, coaster, sled, skis, roller skates or any other toy vehicle shall cling to or attach himself or his vehicle to any other moving vehicle upon any roadway.

Sec. 40-7. Boarding or alighting from vehicle.

No person shall board or alight from any vehicle while such vehicle is in motion.

Sec. 40-8. Coasters, roller skates, and similar devices.

No person on roller skates or riding in or by means of any coaster or toy vehicle or similar device shall go upon any roadway except while crossing a street or a sidewalk and when so crossing such person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. This section shall not apply on any street while set aside as a play street.

Sec. 40-9. Riding on outside of vehicles.

No person shall ride on any vehicle upon any portion thereof not designated or intended for the use of passengers, nor shall the operator of such vehicle permit any person to so ride. This section shall not apply to vehicles in parades for which a parade permit has been issued nor to persons riding within truck bodies in space intended for merchandise.

Sec. 40-10. Opening doors into traffic.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Sec. 40-11. Emergency and experimental regulations.

(a) The police chief, by and with the approval of the city traffic engineer, may make regulations necessary to make effective the provisions of this chapter and make and enforce temporary regulations to cover emergencies or special conditions.

(b) The city traffic engineer may make temporary rules regulating traffic or test traffic control devices under actual conditions of traffic. No such experimental rule regulating traffic shall remain in effect for more than 90 days.

Sec. 40-12. Wheeled motor vehicles prohibited on flood protection levees.

It shall be unlawful for any person to drive or operate any motorized or motor driven, wheeled vehicle on any of the flood protection levees. This section shall not apply to or limit authorized vehicles on the levees for maintenance, patrolling and flood emergency purposes.

Sec. 40-13. Declaration prohibiting travel on city streets.

The mayor may declare by executive order, that an emergency exists in the city because of snow, freezing rain, sleet, ice, snow drifts, or other natural phenomena which create, or are likely to create, hazardous road conditions resulting in stopped vehicles within the public right-of-way. Upon the issuance of such order, no person shall travel upon any designated public street for a period of up to 48 hours. Police, fire, healthcare, snow removal, snowmobiles and other vehicles responding to emergencies or critical occupations are exempt from this prohibition. The no travel order, and any termination of it, shall be given to all broadcast media within the Sioux Falls area for broadcast to the public.

Secs. 40-14--40-21. Reserved.

ARTICLE II. ENFORCEMENT AND OBEDIENCE

Sec. 40-22. Duty of traffic division.

It shall be the duty of the traffic division, with such aid as may be rendered by other members of the police department, to enforce the traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with other officers of the city in the administration of the traffic laws in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the traffic division by this chapter and the traffic ordinances of this city.

Sec. 40-23. Police direct traffic.

Police officers shall direct all traffic in conformance with traffic laws and ordinances provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the police or fire department may direct traffic as conditions may require.

Sec. 40-24. Obedience to police.

No person shall refuse or fail to comply with any lawful order, signal, or direction of any police officer, or refuse to submit to any lawful inspection or fail to comply with the provisions or requirements of any warning ticket issued by the police under this chapter.

Sec. 40-25. Persons propelling pushcarts or riding animals to obey traffic regulations.

Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of this chapter applicable to the driver of any vehicle, except those provisions of this chapter which by their very nature can have no application.

Sec. 40-26. Public employees to obey traffic regulations.

The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, county, or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter.

Sec. 40-27. Exemptions to authorized emergency vehicles.

(a) Circumstances under which emergency vehicle may disregard traffic regulations. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in subsection (b) of this section, but subject to the conditions stated in subsections (c) and (d) of this section.

(b) Particular regulations which may be disregarded. The driver of an authorized emergency vehicle may:

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.

(3) Disregard regulations governing direction of movement or turning in specified directions.

(c) Use of emergency signals required. The exemptions granted in subsections (b)(2) and (b)(3) of this section to an authorized emergency vehicle apply only if the vehicle is making use of audible and visual signals meeting the requirements of law. However, the exemption granted in subsection (b)(1) of this section to an authorized emergency vehicle applies only if the vehicle is making use of visual signals meeting the requirements of law.

(d) Duty of driver to use care; liability for recklessness. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(e) Speed. The speed of an authorized emergency vehicle shall be governed by section 40-142.

Sec. 40-28. Application to workers, equipment.

The provisions of this chapter shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon the surface of the street, but shall apply to such persons and vehicles when traveling to and from such work; provided, however, such persons and vehicles shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the street for other vehicles to pass.

Secs. 40-29--40-37. Reserved.

ARTICLE III. PROCEDURES UPON ARREST*

*State law references: Apprehension and prosecution of violators, SDCL ch. 32-33.

Sec. 40-38. Manner of arrest.

Except in the more serious and aggravated cases of speeding or careless and reckless driving and except when reasonably necessary to secure appearance, a person charged with a violation of this chapter or a traffic ordinance of the city by a police officer need not be arrested in the regular manner but may be first given an opportunity after notice to appear voluntarily to answer for such traffic violation.

Sec. 40-39. Notice to appear.

(a) A person charged with violation of this chapter or a traffic ordinance by notice shall be given a notice to appear in magistrate court at the time, or within the time stated in such notice, which shall be at least five days after the time of the offense, and that, in event of failure to do so, a warrant will be issued for his arrest.

(b) The notice shall state the name, description, and address of the offender, if known, the nature and date of the offense and a description of the vehicle involved in the violation by trade name and license number. The notice shall be signed by the police officer executing it.

(c) The notice shall be made in triplicate, one copy to be given to the owner or driver charged with the offense, or to be left in or upon the automobile or vehicle involved in the violation, one copy to be filed with the police department and one copy to be filed with a clerk of courts.

(d) If the person charged with the offense is available, he shall be given an opportunity to sign an agreement to appear to answer the charge at the time and place specified in the notice, which form of agreement shall be part of the notice, and if he shall refuse to sign such agreement then he may be placed under arrest for the offense in the manner otherwise provided by law.

Sec. 40-40. Appearance and deposit for fine.

(a) A person who has received a notice of traffic violation from the police shall at or within the time specified in such notice not less than five days after the time of the offense appear before the court or the clerk of courts to answer to the charges set forth therein according to the procedure of that court.

(b) In cases of non-national violations and cases of failure to stop at a stop street, sign or signal which are not serious and aggravated cases, the person charged shall appear at the office of the clerk of courts and upon making the deposit for fine as authorized by the court and a statement authorizing the clerk of such court to enter his plea of guilty to the offense he shall not be required to appear in court.

Sec. 40-41. Arrest on failure to appear.

Failure of a person to appear in response to a notice of traffic violation is a public offense, and any person so failing to appear shall be subject to arrest for that offense, and for the underlying offense, in the manner otherwise provided by law.

Sec. 40-42. Clerk to report failure to appear.

If a person fails to appear in response to a notice of traffic violation, the clerk of courts shall promptly report such fact to the magistrate.

Sec. 40-43. Dismissal by officer prohibited.

A traffic violation shall not be excused or dismissed by any police officer or other officer.

Sec. 40-44. Reserved.

Sec. 40-45. Removal of vehicles illegally parked.

Any vehicle parked in violation of this chapter or of a traffic or snow removal ordinance may be removed from a street or public parking facility by the police department or parking patrol and placed in storage, and the owner thereof, in addition to the fines and penalties which may be imposed for such violation, shall pay the charges for towing and storage of such vehicle so removed.

(1957 Rev. Ords., § 13.141; Ord. No. 89-83, 11-21-83; Ord. No. 12-04, § 1, 2-2-04)

Cross references: Storing, parking or leaving an abandoned, wrecked, dismantled or inoperative motor vehicle, § 25-41.

Secs. 40-46--40-55. Reserved.

ARTICLE IV. ACCIDENTS*

Sec. 40-56. Immediate notice of accident.

The driver of a vehicle involved in an accident resulting in injury to or death of any person, or resulting in any property damage, shall immediately by the quickest means of communication give notice of such accident to the police department.

(1957 Rev. Ords., § 13.163; Ord. No. 2423, 6-13-66; Ord. No. 21-79, § 1, 3-19-79)

Sec. 40-57. Driver unable to report.

An accident report shall not be required from any person who is physically incapable of making such report during the period of such incapacity. Whenever the driver of a vehicle is physically incapable of making such report or is physically incapable of giving an immediate notice of an accident and there is another occupant in the vehicle at the time of the accident capable of doing so, such occupant in the vehicle at the time of accident shall cause to be given the notice not given by the driver.

Sec. 40-58. Duty to give information, 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 immediately stop and give his name and address and the name and address of the owner and the license number of the vehicle he is driving, and shall upon request and if available exhibit his driver's or chauffeur's license to the person struck or the driver or occupants of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of 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.

Sec. 40-59. Personal injury.

The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 40-58.

Sec. 40-60. Property damage.

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 forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 40-58. Every such stop shall be made without obstructing traffic more than is necessary. It shall be unlawful for any person to fail to stop or comply with this section under such circumstances.

Sec. 40-61. Duty to stop after accident with unattended vehicle or property; leaving information; report to police.

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of his name, address and the name and address of the owner and the license number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address and the name and address of the owner and the license number of the vehicle he is driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Every such stop shall be made without obstructing traffic more than is necessary.

Sec. 40-62. Reserved.

Sec. 40-63. Duty upon striking animal.

The driver of any vehicle which collides with any dog or domestic animal causing injury thereto shall stop and attempt to ascertain the owner of such animal and shall notify the department of such accident and also shall notify the humane officer thereof if such injured animal is not otherwise properly cared for.

Sec. 40-64. Filing of accident reports.

The police department shall maintain a suitable system of filing traffic accident reports. The department may provide copies of such reports to any person, and may charge a reasonable fee for each copy so furnished. Such fee shall be set from time to time by the police chief and shall not exceed the amount specified under SDCL 32-34-13.

Sec. 40-65. Garage keeper to report damaged vehicle.

The person in charge of any garage, repair shop or service station shall not commence body repair on any motor vehicle which shows evidence of having been involved in an accident reportable under section 40-56, or struck by any bullet, unless the vehicle bears the notice provided for in SDCL 32-34-10, and shall report any such vehicle without such notice to the police department, within 24 hours after such vehicle is received for body repair.

(1957 Rev. Ords., § 13.164; Ord. No. 21-79, § 2, 3-19-79; Ord. No. 49-88, § 1, 6-20-88)

Sec. 40-66. Driver defined for purposes of article.

Whenever the word "driver" is used in sections 40-56, 40-61 and 40-62, that word shall mean and include the actual driver of the vehicle. The word "driver" shall also mean and include the owner of the vehicle when the owner becomes aware of damage to his vehicle that has not been reported as required by law.

Secs. 40-67--40-75. Reserved.

ARTICLE V. OPERATION OF VEHICLES GENERALLY

Sec. 40-76. Starting.

A standing vehicle about to start shall give all moving vehicles the right-of-way.

Sec. 40-77. Drive on right side of street--Vehicles generally; bicycles; exceptions.

(a) Upon all streets except upon one-way streets, the driver of a vehicle shall drive the vehicle upon the right half of the street and shall drive a slow-moving vehicle as closely as possible to the righthand edge or curb of a street, unless it is impracticable to travel on such side of the street, and except when overtaking and passing another vehicle subject to the limitations applicable to overtaking and passing set forth in this chapter.

(b) The provisions of subsection (a) of this section shall not be deemed to prevent the marking of lanes for traffic upon any street and the allocation of designated lanes to traffic moving in a particular direction or at designated speeds.

(c) Any person driving a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive as close as practicable to the righthand curb or edge of the roadway except under any of the following situations:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or roadway.

(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the righthand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and vehicle to travel safety side by side within the lane.

(d) Any person driving a bicycle upon a one-way highway with two or more marked traffic lanes may drive as near the lefthand curb or edge of such roadway as practicable.

Sec. 40-78. Same--Intersections.

In crossing an intersection of highways or the intersection of a highway by a railroad right-of-way, except upon a one-way street, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.

Sec. 40-79. Meeting of vehicles.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

Sec. 40-80. Driving on roadways laned for traffic.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others 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.

(2) Official signs may be erected directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.

Sec. 40-81. Designation of traffic lanes.

The city traffic engineer is hereby authorized to mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the provisions of this chapter.

Sec. 40-82. Driving on divided highways.

Whenever any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the righthand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.

Sec. 40-83. Driving on left of other vehicles.

It shall be unlawful for any driver of a vehicle to drive or operate his vehicle on the lefthand side of another vehicle moving in the same direction in a single traffic lane, unless the driver on the left is in the process of passing or overtaking another vehicle.

Sec. 40-84. Driving on left at intersections.

No vehicle shall be driven on the left side of the roadway when approaching within 100 feet of or traversing any intersection or railroad crossing, or when the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

Sec. 40-85. Driving to left on grade or curve; obstructed view.

No person may drive any vehicle on the left side of the roadway when approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard if another vehicle is approaching from the opposite direction.

Sec. 40-86. Overtaking--Generally.

(a) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof. The driver of an overtaking vehicle shall pass at a safe distance to the side of an overtaken vehicle and may not cut in front of the latter until safely clear of the overtaken vehicle.

(b) The driver of a bicycle may overtake and pass another vehicle upon the right, only under conditions permitting such movement in safety. A bicycle may drive off the main-traveled portion of the roadway when making such movement.

(c) The driver of a bicycle shall not overtake another vehicle on the right when the overtaken vehicle is signaling to make a right turn.

Sec. 40-86.1. Same--Passing on right; circumstances under which permitted.

The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

(2) Upon a street or highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction.

(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

Sec. 40-87. Same--Vision obstructed.

The driver of a vehicle shall not drive to the left side of a centerline of the traversable 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 made in safety.

Sec. 40-88. Same--No passing zones.

The driver of a vehicle may not overtake and pass any other vehicle proceeding in the same direction when traveling in a no passing zone on highways or bridges when either marked by signs or lines in the roadways. The city traffic engineer is hereby authorized to designate such no passing zones by the painting or placing of double lines in the center of such street and any zone or any street in the city where double lines, buttons or lanes have been painted or placed in the center of such street, shall be and is hereby designated as no passing zones, and no operator of any vehicle shall pass any other vehicle proceeding in the same direction in such zone.

Sec. 40-89. Same--Duty of overtaken driver.

(a) The driver of a vehicle on a street shall not deviate from his direct line of travel without ascertaining that such movement can be made with safety to other vehicles approaching from the rear and about to overtake and pass such first mentioned vehicle.

(b) Unless 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 suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Sec. 40-90. Reserved.

Sec. 40-91. Skateboarding and roller skating prohibited.

(a) The city traffic engineer may designate and maintain by appropriate devices or by marks or lines upon the surface where the riding of coasters, skateboards, bicycles, roller skates, toy vehicles or similar recreation devices is prohibited. Areas may be designated where, in his opinion, there is particular danger to pedestrians, and at such other places as he may deem necessary.

(b) Owners or occupants of private property may post their property subject to the approval of the city traffic engineer.

(c) No person shall ride any coaster, skateboard, bicycle, roller skates, toy vehicles or similar recreation device upon any portion of public or private property as may be designated and posted in accordance with subsections (a) and (b) of this section.

(Ord. No. 86-87, § 1, 10-5-87; Ord. No. 54-89, § 1, 6-12-89; Ord. No. 32-90, § 1, 4-2-90)

Secs. 40-92--40-99. Reserved.

ARTICLE VI. RIGHT-OF-WAY REGULATIONS

Sec. 40-100. Intersections; unlawful speed as forfeiting right-of-way.

When two vehicles approach or 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 except as otherwise provided in SDCL 32-26-14--32-26-16. The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this section.

Sec. 40-101. Left turning vehicles; right-of-way of oncoming vehicle; signals.

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

(b) The driver of a vehicle intending to turn to the left into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the area in which the alley, private road, or driveway meets the highway or is so close thereto as to constitute an immediate hazard.

(1957 Rev. Ords., § 13.126; Ord. No. 2423, 6-13-66; Ord. No. 7-96, § 1, 1-2-96)

Sec. 40-102. Emergency vehicles.

The operator of a vehicle shall yield the right-of-way to authorized emergency vehicles when the authorized emergency vehicles are operated upon official business and the operators thereof sound audible signal by bell, siren, or exhaust whistle. This section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall it protect the operator of any such vehicle from the consequence of an arbitrary exercise of such right-of-way.

Sec. 40-103. Drivers to exercise due care.

Notwithstanding other provisions of this chapter or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person driving a bicycle and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

Secs. 40-104--40-113. Reserved.

ARTICLE VII. TRAFFIC CONTROL SIGNS, SIGNALS AND DEVICES*

Sec. 40-114. Authority to install.

The city traffic engineer shall place and maintain traffic control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of such ordinances, and may place and maintain such additional traffic control devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law or to guide or warn traffic.

Sec. 40-115. Manual and specifications.

(a) All traffic control signs, signals, markings and other devices shall conform to the current edition of the Manual of Uniform Traffic Control Devices, approved by the Federal Highway Administrator as the national standard for all highways open to public travel, in accordance with 23 USC 109(b), 109(d) and 402(a) and 23 CFR 1204.4, which is hereby incorporated and adopted in this section by the city.

(b) All signs, signals, markings, and other devices required under this section for a particular purpose shall, so far as is practicable, be uniform as to type and location throughout the city. All traffic control devices so erected and not inconsistent with the provisions of state law or this article shall be official traffic control devices.

(Ord. No. 64-75, § 2, 9-29-75; Ord. No. 134-82, § 1, 12-27-82; Ord. No. 57-90, § 1, 6-4-90; Ord. No. 6-02, § 1, 2-11-02)

Sec. 40-116. Obedience.

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

Sec. 40-117. Necessity of signs.

No section of this chapter 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 even though no signs are erected or in place.

Sec. 40-118. Interference with official devices; unauthorized signs, signals, or markings.

(a) No person shall, without lawful authority, attempt to or in fact alter, twist, deface, injure, knock down, remove, or interfere with the effective operation of any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

(b) 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 an official traffic control device or any railroad sign or signal.

(c) This section 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.

(d) Every such prohibited sign, signal, or device is declared to be a public nuisance and the police chief is empowered to cause it to be removed without notice.

Sec. 40-119. Traffic control signal legend.

(a) Traffic controlled by go, caution, or stop lights; signal at place other than intersection. 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, or with arrows, only the colors mentioned in subsections (b) through (e) of this section shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as provided by subsections (b) through (e) of this section. If an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

(b) Meaning of green or go signal; vehicular traffic; pedestrians. A green light alone or go shall indicate that:

(1) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

(2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(1) Vehicular traffic facing the signal is thereby warned that the red or stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection when the red or stop signal is exhibited.

(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

(d) Meaning of steady red light or stop signal; vehicular traffic; right turn on red. A steady red light alone or stop shall indicate that:

(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or go is shown alone, except as provided in this section.

(2) The driver of any vehicle which is stopped as close as practicable at the entrance to the crosswalk and to the far right side of the roadway, then at the entrance to the intersection in obedience to a red or stop signal, may make a right turn but shall yield the right-of-way to any pedestrian and other traffic proceeding as directed by the signal at the intersection. This subsection permitting a right turn after a stop when facing a steady red light alone or stop signal shall not be effective if any local ordinance prohibits such turn and if a sign is erected at such intersection giving notice thereof.

(e) Meaning of steady red light with green arrow; vehicular traffic; pedestrians. A steady red light with green arrow shall indicate that:

(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.

(2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(f) Pedestrian control signals. Whenever special pedestrian control signals exhibit the words "walk" or "don't walk" or the lighted international "walk" or "don't walk" symbols, such signals shall indicate as follows:

(1) Flashing or steady walk. Any pedestrian facing the signal may proceed across the roadway in the direction of the signal and every driver of a vehicle shall yield the right-of-way to them.

(2) Flashing or steady don't walk. No pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the don't walk signal is showing.

(1975 Rev. Ords., § 3.112; Ord. No. 1991, 7-27-59; Ord. No. 70-73, § 1, 9-4-73; Ord. No. 31-76, § 3, 5-10-76; Ord. No. 97-04, § 1, 9-13-04)

Sec. 40-120. Flashing signals.

(a) Red or yellow signal. If an illuminated flashing red or yellow signal is used in a traffic sign or signal, vehicular traffic shall obey such signal as provided by subsections (b) and (c) of this section.

(b) Meaning of red signal. If a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed is subject to the laws applicable after making a stop at a stop sign.

(c) Meaning of yellow signal. If a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

(d) Railroad crossings. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in sections 40-204 and 40-205.

(1957 Rev. Ords., § 3.112; Ord. No. 1991, 7-27-59; Ord. No. 31-76, § 4, 5-10-76)

Sec. 40-121. Signal preemption system.

No person shall use or interfere with the traffic signal preemption system of the city designed for use by emergency vehicles to improve traffic movement by temporarily controlling signalized intersections, unless the person is an authorized emergency response employee who is using the system pursuant to such employment and an emergency exists and there is a threat of immediate danger to life or property that reasonably requires the use of the system in order to protect the life, safety, health, or property of one or more persons. This section shall not apply to persons who are performing inspection, maintenance, or repair work on the system authorized by the city.

Secs. 40-122, 40-123. Reserved.

Sec. 40-124. Designation of crosswalks, establishing safety zones.

(a) The city traffic engineer may designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks, where, in his opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.

(b) The city traffic engineer may establish safety zones of such kind and character at such places as he may deem necessary for the protection of pedestrians.

Secs. 40-125, 40-126. Reserved.

Sec. 40-127. Signs for handicapped parking spaces.

(a) Whenever offstreet parking spaces have been provided exclusively for use by physically handicapped persons, signs shall be erected indicating that such spaces are reserved for vehicles which have on display special license plates issued under SDCL 32-5-76 or a serially numbered certificate issued under SDCL 32-5-76.1 or 32-5-76.2.

(b) All signs erected under this section shall conform to the requirements of section 40-115 of this chapter. The city traffic engineer shall be authorized to determine the number, location, and legend of each sign erected.

(c) Parking spaces designated and posted as indicated in this section, which are installed or modified after adoption of this ordinance, shall meet the specifications set forth in the most recent edition of the American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities.

Cross references: Requirements for barrier-free curbs and sidewalks, § 38-47.

Secs. 40-128--40-136. Reserved.

ARTICLE VIII. SPEED*

Sec. 40-137. General restrictions.

It shall be unlawful for any person to drive a vehicle on a street or highway at a speed greater than is reasonable and prudent under the conditions then existing or at a speed in excess of those fixed by this article.

Sec. 40-138. Establishment of speed zones.

(a) The city traffic engineer, unless otherwise determined by the city council, is authorized and empowered to determine and establish upon any street or highway within the city or any part thereof, limited speed zones which speed limit shall constitute the maximum speed at which any person may drive or operate any vehicle upon such zoned street or highway or portion thereof so zoned, and on which highway the maximum speed permissible in such zone has been conspicuously posted by signs adopted by the commission.

(b) The beginning of such limited speed zones shall be indicated by signs showing the speed limits.

(c) The city traffic engineer may establish limited speed zones through highway work areas. The beginning and end of the immediate work area shall be conspicuously posted with signs showing the maximum speed permissible. The signs shall be posted only during the hours when work is actually being performed. Any fine for a violation of these speed limits shall be double the usual fine for speeding, but may not exceed the maximum fine for violation of a city ordinance. Signs showing that any fine will be one and one-half times the usual speeding fine shall be erected in advance of the regulatory speed limit signs.

(Ord. No. 64-75, § 3, 9-29-75; Ord. No. 69-96, § 1, 6-3-96; Ord. No. 69-96, § 1, 6-3-96)

Sec. 40-139. Maximum limits generally.

Except as may otherwise be provided by this article, it shall be unlawful for any person to operate or drive any vehicle at a rate of speed greater than the following:

(1) Fifteen miles per hour when approaching within 50 feet of a grade crossing of any railway when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last 200 feet of his approach to such crossing, he does not have a clear and uninterrupted view of any traffic on such railway for a distance of 400 feet in each direction.

(2) Fifteen miles per hour when approaching within 50 feet and in traversing an uncontrolled intersection of highways when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last 50 feet of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the highways entering such intersection for a distance of 200 feet from such intersection.

(3) Fifteen miles per hour when passing a school during school recess or while children are going to or leaving school during opening or closing hours for such school.

(4) Fifteen miles per hour on streets adjacent to schools while children are present on school property, streets adjacent to school property or in zones near school property established and posted by the city traffic engineer.

(5) Fifteen miles per hour when approaching within 50 feet and in traversing a school crossing when such school crossing is properly established and posted by the city traffic engineer.

(6) Twenty miles per hour on any highway in a business district, unless a different speed is posted by the city traffic engineer.

(7) Fifteen miles per hour in public parks unless a different speed is posted by the city traffic engineer.

(8) Twenty-five miles per hour in a residential district unless a different speed is posted by the city traffic engineer.

(9) Thirty miles per hour on all highways and through streets in a residential district unless a different speed is posted by the city traffic engineer and except as provided in subsection (3) of this section.

(1957 Rev. Ords., § 13.157; Ord. No. 2255, 3-23-64; Ord. No. 2303, 12-7-64; Ord. No. 2423, 6-13-66; Ord. No. 2668, 2-24-70; Ord. No. 64-75, § 4, 9-29-75)

Secs. 40-140, 40-141. Reserved.

Sec. 40-142. Emergency vehicles.

The speed limit set out in this article does not apply to authorized emergency vehicles when responding to emergency calls provided the drivers thereof sound audible signals by siren or horn and two lighted red lights are displayed to the front, or one beacon light visible 360 degrees, or to authorized emergency vehicles operated by peace officers who are measuring the speed of other vehicles by use of the emergency vehicle speedometer. This section shall not relieve the driver of any authorized emergency vehicle from the duty to driver with due regard for the safety of all persons using the street nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.

Sec. 40-143. Slow speed.

No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

Secs. 40-144--40-153. Reserved.

ARTICLE IX. ONE-WAY STREETS AND ALLEYS

Sec. 40-154. Designation.

All streets and alleys in the city shall permit traffic in two directions. However, the city may by ordinance designate one-way streets and the mayor may designate one-way alleys by executive order. The city shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

Sec. 40-154.1. Dakota Avenue.

Dakota Avenue shall be a one-way street from 11th Street to Main Avenue effective upon the placement and maintenance of signs giving notice thereof.

Sec. 40-154.2. Main Avenue.

Main Avenue shall be a one-way street from 6th Street to 14th Street effective upon the placement and maintenance of signs giving notice thereof.

Sec. 40-155. Obedience.

It shall be unlawful for any person to operate any vehicle in violation of the markings, signs, barriers, or other devices placed in accordance with the provisions of this article.

Secs. 40-156--40-165. Reserved.

ARTICLE X. TURNS

Sec. 40-166. Position of vehicle; safety.

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway, unless and until such movement can be made with reasonable safety.

Sec. 40-167. Right-turning vehicle required to keep right.

Except as otherwise provided in section 40-170, the driver of a vehicle intending to turn to the right at an intersection or into any alley or driveway shall approach such intersection or alley or driveway in the lane for traffic nearest to the righthand side of the highway, and in turning shall keep as closely as practicable to the righthand curb or edge of the highway.

Sec. 40-168. Turning left.

Except when otherwise directed by turning markers, the driver of a vehicle, including those driving bicycles, intending to turn left shall approach the turn in the extreme lefthand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme lefthand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.

(1957 Rev. Ords., § 13.119; Ord. No. 1991, 7-27-59; Ord. No. 2423, 6-13-66; Ord. No. 28-83, § 1, 5-2-83)

Sec. 40-169. Limitations on turning around.

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any one-way street, or upon any bridge or viaduct, or on any street in a business or commercial area, or at any intersection controlled by traffic control signals, and shall not upon any other street so turn a vehicle except at an intersection and unless such movement can be made in safety and without interfering with other traffic.

Sec. 40-170. Authority to modify method of turning; posting signs.

The traffic engineer may modify the method of turning at intersections provided by sections 40-167 and 40-168 by clearly indicating by buttons, markers, or other direction signs installed within an intersection the course to be followed by vehicles turning thereat. It shall be unlawful for any driver to fail to turn in a manner as so directed. No such signs or buttons shall be placed upon any state highway without the approval of the state department of transportation. When an intersection is so constructed and laid out that different and clearly defined courses of travel are provided for vehicles turning to the left or right, as the case may be, it shall be lawful for any driver in making any such turn to follow the course thereby indicated.

(1957 Rev. Ords., §§ 13.104, 13.119; Ord. No. 1991, 7-27-59; Ord. No. 2423, 6-13-66)

Sec. 40-171. Prohibited turns at intersections.

Except where permitted by signage approved by the traffic engineer, at any intersection where traffic is controlled by traffic control signals or by a police officer, or where warned by an official traffic control sign displaying the words "no U-turn," or "no left turn" or "no right turn," it shall be unlawful for the driver of the vehicle to turn such vehicle at the intersection in a complete circle, or so as to proceed in the opposite direction or to make a left turn or right turn as may be regulated by such sign.

(1957 Rev. Ords., §§ 13.104, 13.119; Ord. No. 1991, 7-27-59; Ord. No. 2423, 6-13-66; Ord. No. 131-95, § 1, 10-2-95)

Secs. 40-172--40-181. Reserved.

ARTICLE XI. TURNING AND STOPPING SIGNALS

Sec. 40-182. Signals.

No person shall turn any vehicle without first giving an appropriate signal if any other traffic may be affected by such movement.

Sec. 40-183. Required.

(a) A signal of intention to turn a vehicle right or left, when required, shall be given continuously during not less than the last 100 feet of travel by the vehicle before turning.

(b) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal, in the manner provided in this article, to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(c) Except as provided in this subsection, a person driving a bicycle shall comply with subsections (a) and (b) of this section. A signal of intention to turn right or left, when required, shall be given continuously during not less than the last 100 feet traveled by the bicycle before turning and shall be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only be given intermittently if the hand is needed in the control or operation of the bicycle.

Sec. 40-184. Arm signals, mechanical signals, and electrical signals.

The signal required in section 40-182 shall be given either by means of the hand and arm in the manner specified in section 40-185, or by an approved mechanical or electrical signal device. However, for a vehicle so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be given by device of a type which has been approved by the state department of commerce and regulation.

Sec. 40-185. Method of giving hand and arm signals.

All signals required by this article to be given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

Secs. 40-186--40-195. Reserved.

ARTICLE XII. REQUIRED STOP, YIELD INTERSECTIONS*

Sec. 40-196. Designation of through streets.

The city council shall, by resolution, designate streets and highways within the city as through streets. The city engineering department shall keep and maintain accurate maps setting out the through street system. Such maps shall be available to the public.

(1957 Rev. Ords., § 13.138; Ord. No. 64-75, § 7, 9-29-75; Ord. No. 18-77, § 1, 3-14-77; Ord. No,. 40-79, § 1, 5-21-79; Ord. No. 68-83, § 1, 10-3-83; Ord. No. 34-85, § 1, 4-22-85; Ord. No. 32-93, § 2, 4-26-93)

Sec. 40-197. Signs required at through streets.

The city traffic engineer shall place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting a through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided, however, that at the intersection of two such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of such streets as may be determined by the city traffic engineer upon the basis of an engineering and traffic study.

(1957 Rev. Ords., § 13-108; Ord. No. 2449, 9-26-66; Ord. No. 32-93, § 3, 4-26-93)

Sec. 40-198. Other intersections where stop or yield required.

The city traffic engineer is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one or more entrances to any such intersection, in which event he shall cause to be erected a stop sign at every such place where a stop is required, or whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection as prescribed in subsection (a) of section 40-199, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

(1957 Rev. Ords., § 13.108; Ord. No. 2449, 9-26-66; Ord. No. 26-76, § 1, 4-12-76)

Sec. 40-199. Obedience to 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, if there is no crosswalk, 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.

(b) Unless 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 come to a full stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, the at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

Sec. 40-200. Vehicle entering stop intersection.

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 as required by subsection (b) of section 40-199, and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection

Sec. 40-201. Duty when approaching yield sign; pedestrians; collision prima facie evidence of failure to yield.

The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary in a similar manner as provided in section 40-200, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. The driver, having so yielded, may proceed and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. However, if the driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision is prima facie evidence of his failure to yield the right-of-way.

Sec. 40-202. Alley, private driveway.

The driver of a vehicle emerging from an alley, private driveway or building into or onto a street shall stop such vehicle immediately prior to driving onto a crosswalk or crosswalk area extending across such approach and shall not proceed into or onto such street in such a manner as to interfere with or block traffic on such street.

Sec. 40-203. 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.

Sec. 40-204. Stop required when grade crossing signal operating.

If any person driving a vehicle approaches a railroad grade crossing and a clearly visible or audible signal gives warning of the immediate approach of a railway train or car, he shall bring such vehicle to a complete stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and may not proceed until he can do so safely.

Sec. 40-205. Vehicles required to stop at all grade crossings; shifting gears while crossing.

The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any school child, or any vehicle carrying explosive substances or combustible or flammable liquid as a cargo or part of a cargo, before crossing at grade any track of a railroad, except where a police officer or traffic control signal directs traffic to proceed or the track is nonoperational and is marked with a supplemental sign as provided in SDCL 31-28-7, shall stop such vehicle within 50 feet from the nearest rail of such railroad and shall not proceed until he has ascertained that he can do so safely. After stopping as required in this section and upon proceeding, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity of changing gears while traversing such crossing and shall not shift gears while crossing the tracks.

Secs. 40-206--40-218. Reserved.

ARTICLE XIII. MISCELLANEOUS DRIVING RULES

Sec. 40-219. Reckless driving.

Any person who drives a vehicle within the limits of the city carelessly or heedlessly or in disregard of the rights or safety of others, or without due caution and circumspection, or at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

Sec. 40-220. Careless driving.

Any person who drives a vehicle within the limits of the city carelessly in disregard to the width, grade, curves, corners, condition, or customary usage of the streets, highways, or any other property within the city, or whose temporary inadvertence to the operation of such vehicle causes or is likely to cause damage to any person or property, shall be guilty of careless driving.

Sec. 40-221. Exhibition driving.

Any person who drives a vehicle within the limits of the city in such a manner that creates or causes unnecessary engine noise, or tire squeal, skid or slide upon acceleration or stopping; or that simulates a temporary race; or that causes the vehicle to unnecessarily turn abruptly or sway, shall be guilty of exhibition driving.

Sec. 40-222. Unsafe backing.

The driver of a vehicle shall not back the vehicle unless such movement can be made with safety.

Sec. 40-223. Maximum passengers.

No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.

Sec. 40-224. Interference with view, mechanism.

No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.

Sec. 40-225. Following too closely.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles and the traffic upon and the condition of the highway, but this shall not be construed to prevent one vehicle overtaking and passing another.

Sec. 40-226. Vehicles on parkways or sidewalks.

(a) Generally. No person shall drive any vehicle or motor vehicle other than a bicycle or wheelchair upon the sidewalks or parkways or permit any such vehicle to be driven or remain on any sidewalk or parkway. The following vehicles shall be exempt from the provisions of this chapter: vehicles used by City of Sioux Falls personnel to perform an authorized public service or carry out any authorized city function, including vehicles used by public parking and public safety personnel.

(1) A person driving a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(2) A person shall not drive a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, where such use of bicycles is prohibited by official traffic control devices.

(3) A person driving a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that a bicyclist must stop before entering a crosswalk or highway from a sidewalk or sidewalk area and must yield to all traffic on the highway.

(1957 Rev. Ords., § 9.806; Ord. No. 40-79, § 2, 5-21-79; Ord. No. 28-83, § 1, 5-2-83; Ord. No. 20-99, § 1, 2-16-99; Ord. No. 46-09, § 1, 5-18-09)

Sec. 40-227. Following fire apparatus; minimum following or parking distance.

If shall be unlawful for the driver of any vehicle other than one on official business to follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or to drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm.

Sec. 40-228. Driving over fire hose prohibited.

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

Sec. 40-229. Driving through procession.

No driver of any vehicle shall drive through or otherwise interfere with any funeral or other authorized procession in any of the streets, and it shall be the duty of the driver of any vehicle to stop when reaching a street on which such a procession is passing and wait until the procession has entirely passed.

Sec. 40-230. Corner cutting.

It shall be unlawful for any person to drive any motor vehicle upon or across any sidewalk, driveway, filling station or other commercial driveway or other similar surface located at the corner of any intersection protected by a traffic light or other traffic signal or sign, for the purpose of evading the regulations governing the turning of motor vehicles at intersections.

Sec. 40-231. Reserved.

Sec. 40-232. Backing into intersections or around corners prohibited.

No vehicle shall be backed around the corner at an intersection or into an intersection.

Sec. 40-233. Unsealed containers of alcoholic beverage in vehicle.

It is a public offense for the driver of a motor vehicle to permit the presence of, or for any person to possess, in a motor vehicle, a package or any receptacle containing an alcoholic beverage, unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the vehicle shall have access to it while the vehicle is in motion.

Sec. 40-234. Parking on private property.

(a) Owners of private property may post their property as a no parking zone, subject to approval of the city traffic engineer.

(b) No vehicle shall be parked in violation of the notice posted in accordance with subsection (a) of this section; nor shall any person be an occupant in any vehicle so parked.

Sec. 40-235. Obstructed windows.

It shall be unlawful for any person to drive any vehicle within the city with any sign, poster, or other nontransparent material, including snow, ice, frost, or any similar substance, upon the front windshield, side wing vents, or side windows on either side forward of or adjacent to the operator's seat of such motor vehicle other than a certificate or a paper required to be so displayed by law or temporary driving instructions placed thereon by the manufacturer unless the same shall not obstruct the driver's clear view.

Secs. 40-236--40-240. Reserved.

ARTICLE XIV. STANDING AND PARKING*

DIVISION 1. GENERALLY

Sec. 40-241. Safeguarding unattended vehicle.

No person driving or in charge of a motor vehicle may permit it to stand unattended without effectively setting the brake thereon and, if standing upon any grade, turning the front wheel to the curb or side of the street or highway.

Sec. 40-242. Places where restricted.

Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(4) Within 30 feet upon the approach to any flashing signals, stop sign, yield sign or traffic control signal located at the side of a roadway.

(5) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted.

(1957 Rev. Ords., § 13.139; Ord. No. 2423, 6-13-66; Ord. No. 40-79, § 3, 5-21-79; Ord. No. 41-93, § 1, 5-3-93)

Sec. 40-243. Places where stopping, standing, or parking prohibited.

Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer, no person shall stop, stand, or park a vehicle:

(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(2) On a sidewalk; unless the vehicle is attended and is being loaded or unloaded and the area adjacent to the sidewalk has been designated by appropriate signs as a sidewalk loading zone by the traffic engineer or unless the vehicle is properly identified as a vehicle for transporting of disabled persons, it is necessary for the vehicle to be located on the sidewalk for loading and unloading purposes, and only two wheels on the loading/unloading side are on the sidewalk.

(5) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings.

(6) Alongside or opposite any street excavation or obstruction, when stopping, standing or parking would obstruct traffic.

(7) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

(9) Upon any street, alley or parkway for the purpose of selling or offering the same for sale or rent. Any such vehicle which is parked or placed within 50 feet of the property of the residence of the owner of the vehicle is exempt from the provisions of this subsection.

(1957 Rev. Ords., § 13.139; Ord. No. 2423, 6-13-66; Ord. No. 122-82, 12-13-82; Ord. No. 28-83, § 1, 5-2-83; Ord. No. 46-92, § 1, 5-18-92; Ord. No. 47-92, § 1, 5-18-92; Ord. No. 41-93, §§ 2, 3, 5-3-93; Ord. No. 20-96, § 1, 2-20-96; Ord. No. 12-04, § 2, 2-2-04)

Sec. 40-244. Relative rights of vehicles to single parking space.

(a) Whenever the driver of a vehicle is desirous of occupying a parallel parking space which is about to be vacated, he shall place his vehicle in a position in the lane nearest to the space he wishes to occupy with the front of his vehicle to the rear of the vehicle vacating the parking space. He shall hold this position until the parking space is vacated, after which, remaining in the same lane, the driver of such vehicle shall drive forward a sufficient distance to enable him to occupy the parking space by backing into the space. While backing in the process of parking, the driver of such vehicle shall have the right-of-way to such parking space.

(b) The right-of-way and procedure for occupying a single space which is already vacant shall be the same as that prescribed in subsection (a) of this section, except that it shall not be necessary for the driver to bring his vehicle to a halt in the rear of the space to be occupied.

Sec. 40-245. Manner of parking generally.

Except where angle parking shall be permitted, it shall be unlawful for the driver or owner of any motor vehicle, trailer or implement to park or leave such vehicle, trailer or implement standing, attended or unattended, on any street or avenue of the city unless such vehicle, trailer or implement is parked parallel to the curb headed in the direction of traffic, with the curbside wheels of such vehicle, trailer, or implement within 12 inches of the curb and no closer than four feet to any other vehicle.

Sec. 40-246. Angle parking.

(a) The city traffic engineer, subject to the approval of the city council, shall determine upon which streets angle parking shall be permitted and shall mark or sign such streets. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street or upon any railway tracks.

(b) Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to, and with the hood or front end of such vehicle next to the curb.

Sec. 40-247. Parking within markings.

Whenever parking spaces are marked by lines on the pavement, whether for parallel or angle parking, a vehicle must be parked entirely within the lines of the parking space.

Sec. 40-248. Obstructing snow removal and street cleaning.

No vehicle shall be parked in such a manner or for such a period of time as to unreasonably interfere with or obstruct the removal of snow from, or the cleaning of the streets in the city.

Cross references: Snow and ice removal, § 38-76 et seq.; parking on city streets during snow removal, § 38-79 et seq.

Sec. 40-249. Parking of commercial vehicles or materials prohibited.

(a) Definitions. For the purposes of this section, unless apparent from the context, certain words and phrases used in this section shall be defined as follows:

Commercial vehicle means any vehicle which has more than 16 square feet of signage or which is adapted, designed, equipped and used to perform a specific commercial function and which does not meet the definition of personal passenger vehicle.

Personal passenger vehicle means any car, pickup truck or van which has no more than 16 square feet of signage and which is designed for and facilitates personal and passenger travel and has not been externally altered with features not customary to personal usage.

(b) Prohibitions. Parking and storage of commercial vehicles or materials upon city streets is prohibited as follows:

(1) It shall be unlawful for any person or business to park, store, leave or permit the parking, storing or leaving of any commercial or construction vehicle, equipment or materials upon any city street.

(2) The transferring of refuse from smaller satellite vehicles to larger packer garbage trucks is prohibited on all city rights-of-way.

(3) Vehicles that are disabled, provided that they are not left on public rights-of-way longer than 24 hours.

(7) Vehicles, immobile equipment, or materials parked in connection with a construction- site for longer than 24 hours for which the owner or lessor has obtained and posted a permit from the office of city engineer and are in compliance with the rules and regulations for parking, storing, or leaving construction vehicle(s), equipment, or materials on city streets issued by the city engineer. The fee for this permit is $15.00.

(8) Vehicles parked in connection with a construction-site, provided they are not left there longer than 24 hours.

(9) Vehicles or equipment which are properly signed and parked temporarily in connection with the performance of a construction or maintenance service to property on or under the city right-of-way.

(Ord. No. 43-89, § 1, 5-15-89; Ord. No. 5-99, § 1, 1-4-99; Ord. No. 91-06, §2, 7-24-06)

Sec. 40-250. Stopping, standing or parking near hazardous or congested places.

(a) The city traffic engineer is hereby authorized to determine and designate by proper signs places not exceeding 1,000 feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(b) When official signs are erected at hazardous or congested places as authorized in this section, no person shall stop, stand or park the vehicle in any such place.

Sec. 40-251. Length of vehicle.

All vehicles and appurtenances thereto, exceeding in length 22 feet, shall be parked at such places only as have been marked and designated for such use by the traffic engineer and shall be parked parallel with the curb.

(1957 Rev. Ords., § 13.144; Ord. No. 2423, 6-13-66; Ord. No. 43-89, § 2, 5-15-89)

Sec. 40-252. Report of violation.

(a) If any vehicle is found parked in violation of any of the provisions of this article, it shall be the duty of any police officer or parking patrol to issue a citation or parking ticket.

(b) Any vehicle in violation of this section is hereby declared to be a public nuisance and may be removed as provided in section 40-286 of this Code.

Sec. 40-253. Penalty for violation.

(Ord. No. 44-78, § 1, 5-15-78; Ord. No. 82-02, § 3, 10-21-02; Ord. No. 12-04, § 6, 2-2-04; Ord. No. 176-07, § 2, 11-13-07)

Sec. 40-254. Parking for persons with physical disability.

Any vehicle not displaying a serially-numbered certificate or special license plate parked in a parking space on public or private property designated as reserved for the physically disabled shall be ticketed, and the owner of the vehicle shall be punished under the general penalty provisions of this Code.

Sec. 40-255. Reserved.

DIVISION 2. PUBLIC PARKING ADVISORY BOARD*

*Editor's note—In light of the amendments made by Ord. No. 12-04, the title of Div. 2 was changed from "Public Parking Facilities Board" to "Public Parking Advisory Board." See also the Code Comparative Table amendments enumerated for Ord. No. 12-04.

Sec. 40-256. Created.

Sec. 40-257. Composition.

(Ord. No. 57-73, § 1, 7-16-73; Ord. No. 69-75, § 1, 10-6-75; Ord. No. 12-04, § 9, 2-2-04)

Sec. 40-257.1. Qualifications.

Each member of the public parking advisory board shall be a property owner within the business improvement district defined in section 39-142 of this Code, in addition to the requirements of section 2-26 of this Code. Property owner shall mean the title holder, purchaser under contract for deed, lessee, or their officer, agent or employee.

Sec. 40-257.2. Reserved.

Editor's note—Ord. No. 12-04, § 11, adopted Feb. 2, 2004, repealed § 40-257.2, which pertained to method of appointment. See also the Code Comparative Table.

Sec. 40-257.3. Terms of office.

The members of the public parking advisory board shall serve for five-year staggered terms, or until their successors are appointed and qualified. Any vacancies in the membership of the public parking advisory board shall be filled for the unexpired term in the same manner as for original appointment.

(Ord. No. 57-73, § 1, 7-16-73; Ord. No. 69-75, § 2, 10-6-75; Ord. No. 12-04, § 12, 2-2-04)

Sec. 40-257.4. Reserved.

Sec. 40-257.5. Compensation.

The members of the public parking advisory board shall serve without compensation.

Sec. 40-257.6. Officers.

The public parking advisory board shall elect from its members a president, vice-president and a secretary, each of whom shall serve for the term of one year or until their successor is elected and qualified. The vice-president shall act in the absence or disability of the president. In the case of death or retirement of an officer, a successor shall be elected immediately.

Secs. 40-257.7, 40-257.8. Reserved.

Editor's note—Ord. No. 12-04, §§ 15, 16, adopted Feb. 2, 2004, repealed §§ 40-257.7 and 40-257.8, which pertained to establishment of districts and assessment within districts and meetings. See also the Code Comparative Table.

Sec. 40-257.9. Meetings.

Secs. 40-257.10--40-257.12. Reserved.

Editor's note—Ord. No. 12-04, §§ 18--20, adopted Feb. 2, 2004, repealed §§ 40-257.10--40-257.12, which pertained to authority to accept and expend gifts; fixing parking rates and administration of revenues and fixing parking rates and administration of revenues. See also the Code Comparative Table.

DIVISION 3. PARKING RESTRICTED OR LIMITED

Sec. 40-258. Designation of prohibited parking.

Wherever on any public property the curb is painted yellow, the parking surface has yellow strips, or an appropriate sign has been erected, by or under the direction of the city such marking or sign shall indicate a no parking zone, and it shall be unlawful for any person to park a vehicle adjacent to or on such marking.

Sec. 40-259. Designation of limited parking.

No vehicle shall be parked for a longer period of time than that designated by appropriate signs. Moving a vehicle within a contiguous regulated area shall constitute a violation of this section.

Sec. 40-260. Emergency snow routes.

(a) The city traffic engineer may determine and establish emergency snow routes upon any street or highway within the city or any part thereof. When signs have been erected giving notice thereof, it shall be unlawful for any person to stop, stand, park, or leave unattended any motor vehicle upon such snow route immediately after two inches of snow has accumulated and until the snow has been plowed to the curblines.

(b) Any vehicle in violation of this section is hereby declared to be a public nuisance and may be removed as provided in section 40-45 of this Code.

Secs. 40-261--40-264. Reserved.

DIVISION 4. LOADING AND UNLOADING

Sec. 40-265. Parking in and blocking alleys prohibited.

No person shall park any vehicle in any alley except temporarily for the purpose of and while actually taking on or letting off passengers or loading or unloading or delivering goods, merchandise, or other personal property, and shall not so park or shall not drive any vehicle in an alley at any time in such manner as to block the alley for traffic.

Sec. 40-266. Designation of loading/delivery zones.

The city traffic engineer is hereby authorized to determine the location of loading/delivery zones and shall place and maintain appropriate signs indicating the zones and stating the hours during which the provisions of this section and section 40-267 are applicable.

Sec. 40-267. Stopping, standing, and parking in loading/delivery zones.

No person shall stop, stand, or park a vehicle for any purpose or length of time except during expeditious delivery or pickup of items in any place marked as a loading/delivery zone during the time that such parking is regulated per section 40-266, unless such vehicle bears commercial license plates.

Sec. 40-268. Designation of public carrier stops and stands.

The city traffic engineer is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs.

Sec. 40-269. Use of public carrier stands.

It shall be unlawful for the operator of any bus or taxicab to stand or park such vehicle upon any street in the business district at any place other than at a designated bus or taxicab stand, except that such vehicle may be temporarily stopped in accordance with other parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

Sec. 40-270. Restricted use of bus and taxicab stands.

No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

Secs. 40-271--40-275. Reserved.

DIVISION 5. PARKING METERS*

Sec. 40-276. Designation of zones.

The director of public parking facilities is hereby authorized to establish zones to be known as parking zones on all city-owned parking lots and ramps. Such zones shall be posted or metered, or both, to designate the allowed parking time in such zones.

(1957 Rev. Ords., § 13.402; Ord. No. 1937, 1-6-58; Ord. No. 12-04, § 23, 2-2-04)

Sec. 40-277. Maintenance and regulation.

The director of public parking facilities is hereby authorized to provide for the installation, operation, maintenance, supervision, regulation and use of the parking meters provided for in this chapter. The director of public parking facilities shall establish the hours during the day and night when parking meters or gates must be used and when the time limitations shall be effective, in compliance with the provisions of this division; and shall indicate the time limitations by designating the time on the parking meters or gates or by appropriate signs posted in proximity to such meters in such zones.

Sec. 40-278. The city traffic engineer establishes time limitations.

The city traffic engineer shall fix the time limitations for legal parking in parking zones on public streets.

(1957 Rev. Ords., § 13.405; Ord. No. 1938, 1-6-58; Ord. No. 12-04, § 25, 2-2-04)

Sec. 40-279. Placing and indicating parking time.

Parking meters or gates installed in the parking zones established shall be placed immediately adjacent to the individual parking places or parking lots described in this division. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter or gate installed shall indicate by a proper legend the legal parking time established by the city and each parking meter when operated shall indicate the duration of the period of legal parking, and on expiration of such period shall indicate illegal or overtime parking.

Sec. 40-280. Marking of parking spaces.

The traffic engineer shall have lines or markings painted or placed upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which the parking meter is to be used and each vehicle parking adjacent or next to any parking meter shall park within the lines or markings when so designated.

Sec. 40-281. Parallel parking spaces.

When a parking space in any parking zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of such vehicle nearest to such meter.

Sec. 40-282. Purchase of time; overparking.

When a vehicle is parked in any space adjacent to which a parking meter is located or in a parking lot, the driver of such vehicle shall, upon entering the parking space, immediately deposit or cause to be deposited the proper fee in such parking meter or gate and put such meter or gate in operation. Failure to deposit the proper fee and put the meter or gate in operation shall constitute a violation of this chapter. Upon the deposit of the fee and placing the meter or gate in operation, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street or parking lot in which the parking space is located.

Sec. 40-283. Violations.

It shall be unlawful and a violation of the provisions of this division for any person to:

(1) Cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking zone as described in this division.

(2) Permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period of time prescribed for such parking space, unless such vehicle displays a temporary loading permit. Public parking facilities shall issue such temporary loading permits per section 15 1/2-5.1.

(3) Park any vehicle across any line or marking of a parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings.

(4) Deface, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking equipment installed under the provisions of this chapter.

(5) Deposit or cause to be deposited in any parking meter or gate, any slugs, device or metallic substance, or any other substitute, for the fee.

(1957 Rev. Ords., § 13.409; Ord. No. 12-04, § 28, 2-2-04; Ord. No. 105-05, § 3, 10-17-05)

Sec. 40-284. Temporary loading permits.

A temporary loading permit shall allow the holder of a permit to park a vehicle at a parking meter for 15 minutes at a time, once between 8:00 a.m. and noon and once between noon and 6:00 p.m., each day, without being cited for a violation of section 40-283(2). The temporary loading permit shall be displayed on the front dash, driver's side, and be easily legible from outside the vehicle.

Sec. 40-285. Reserved.

Editor's note: Ord. No. 82-02, § 2, adopted Oct. 21, 2002, repealed § 40-285, which pertained to penalty for violation. See the Code Comparative Table.

Sec. 40-286. Outstanding parking violations.

Any vehicle which has accumulated five or more outstanding parking violations may be removed by the city from any public property and placed in storage, and the owner thereof, in addition to the outstanding fines and penalties, shall pay the charges for towing and storage of the vehicle.

Sec. 40-287. Courtesy tickets.

In lieu of issuing a parking ticket for a vehicle parked in violation of subsections (1) or (2) of Section 40-283 of this code, a parking patrol may issue a courtesy (warning) ticket, if:

(a) The vehicle is licensed somewhere other than Minnehaha, Lincoln, Turner, or McCook counties of South Dakota.

(b) The vehicle has not received a courtesy ticket in the prior sixty (60) days.

"Licensed" as used in this section means bearing a license plate which bears markings which designate the county in which that license plate was issued.

Secs. 40-288--40-295. Reserved.

ARTICLE XV. PEDESTRIANS*

Sec. 40-296. Designation of crosswalks.

The city traffic engineer is hereby authorized and empowered to establish and to designate and shall thereafter maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks approximately equal in width to the adjacent sidewalk at all intersections where in his opinion, there is particular danger to pedestrians crossing the roadway.

Sec. 40-297. Designation of safety zones.

The city traffic engineer is hereby empowered to establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

Sec. 40-298. Pedestrian's right-of-way.

(a) The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing such highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices.

(b) Whenever any vehicle has stopped at a marked crosswalk or at any intersection to permit a pedestrian to cross a roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle.

Sec. 40-299. Pedestrians' rights and duties at controlled intersections.

(a) Whenever stop signals or flashing red signals are in place at an intersection or a marked crosswalk between intersections the pedestrian shall have the right-of-way over drivers of vehicles, and at such marked places drivers of vehicles shall stop before entering the nearest crosswalk and any pedestrian within or entering the crosswalk at either edge of the roadway shall have the right-of-way over any vehicle so stopped.

(b) The driver of a vehicle shall stop before entering any crosswalk when any vehicle proceeding in the same direction is stopped at such crosswalk for the purpose of permitting a pedestrian to cross.

Sec. 40-300. Jaywalking.

Every pedestrian crossing a highway within a business or residential district at any point other than a pedestrian crossing, crosswalk or intersection shall yield the right-of-way to vehicles upon the highway.

Sec. 40-301. Pedestrians to obey traffic signals.

At intersections where traffic is directed by a police officer or stop-and-go signals, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic, and pedestrians shall obey all traffic signals and directions.

Sec. 40-302. Pedestrians to use right half of crosswalk.

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

Sec. 40-303. Soliciting rides.

It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the operator of any private vehicle.

Secs. 40-304--40-314. Reserved.

ARTICLE XVI. SNOWMOBILES

Sec. 40-315. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Driver means every person who operates or who is in actual physical control of a snowmobile.

Owner means any person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof.

Private property means and includes any and all real property, or land within the city which has not been opened or dedicated for public use or as a public thoroughfare.

Sidewalk means that portion between the curb-line and adjacent property lines set aside for the use of pedestrians.

Snowmobile means any engine-driven vehicle of a type which utilizes sled-type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated.

Street means that part of the street set apart for the use of vehicles or motor vehicles and including streets, avenues, alleys, and public highways.

Sec. 40-316. Authorized operation.

(a) No person shall operate a snowmobile within or upon any street except under road and weather conditions as declared by the police chief or civil defense director to constitute emergency travel conditions authorizing use of a snowmobile, or when such vehicle is necessary as an emergency vehicle to protect the health, safety and welfare of any individual. This does not prohibit a snowmobile from crossing a street at right angles to the street only after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach.

(b) No person shall operate a snowmobile on private property of another without the express permission to do so by the owner or occupant of such property, and no person shall operate a snowmobile on private property of his own or another between the hours of 11:00 p.m. and 7:00 a.m. the following day.

(c) No person shall operate a snowmobile on any public property, including, but not limited to public school grounds, park property, playgrounds, recreational areas, golf courses, parking lots, and lakes.

Sec. 40-317. Emergency use.

The driver of a snowmobile under emergency conditions shall be subject to all existing traffic ordinances of the city and traffic laws of the state, and in addition, such driver shall:

(1) Display a lighted headlight and taillight at all times during such operation.

(2) Slow the speed of such snowmobile to 15 miles per hour or less when entering any uncontrolled intersection.

Sec. 40-318. Equipment required.

(1) Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cutout, bypass, or similar device on such vehicle.

(3) A safety or deadman throttle in operating condition, such being a device which when pressure is removed from the accelerator, the throttle causes the motor to disengage from the driving track.

Sec. 40-319. Unattended vehicles.

No owner or driver of a snowmobile shall leave or allow the snowmobile to be or remain unattended on public property or streets while the motor is running or where the keys for starting the vehicle are left in the ignition.

Sec. 40-320. Sidewalk operation prohibited.

Sec. 40-321. Operation under the influence.

The driver of a snowmobile shall be deemed the driver of a motor vehicle within the meaning of sections 40-216 through 40-218 and is subject to all of the provisions of sections 40-216 through 40-218 and SDCL ch. 32-23 relating to driving while under the influence of intoxicating liquor, drugs or otherwise therein provided and such operation shall be punishable for any violation of such ordinance and state law.

Sec. 40-322. Towing.

No person operating a snowmobile shall tow any person or object behind such snowmobile except when such person or object is situated upon a conveyance which is attached to such snowmobile by means of a rigid hitch or towbar.

Sec. 40-323. Exceptions.

Notwithstanding the provisions of any other section, any governmental official in charge of public school grounds, park property, playgrounds, public golf courses, parking lots or lakes shall have authority to supervise and regulate events or programs conducted thereon or to designate areas under his charge and supervision as recreation areas that he shall deem available for use of snowmobiles, and the hours of such use.

Secs. 40-324--40-348. Reserved.

ARTICLE XVII. TRUCK ROUTES, SETS AXLE AND TIRE LOAD LIMITS*

*Editor's note: Ord. No. 118-03, § 1, adopted Dec. 8, 2003, repealed former Art. XVII, §§ 40-349--40-363, which pertained to truck routes and tire load limits. Sections 2--25 of said ordinance enacted provisions designated as a new Art. XVII, §§ 40-361--40-384. Inasmuch as this numbering would overlap the existing Art. XVIII, the provisions have been included herein as §§ 40-349--40-369.3 at the discretion of the editor. See also the Code Comparative Table.

Sec. 40-349. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Motor vehicle means every machine propelled by any power other than muscular used upon the streets or highways for the transportation of property.

Nondivisible load means cargo that cannot be reasonably divided into more than one shipment.

Owner means the person who holds the legal title to a motor vehicle or trailer or who is the lessee of such vehicle or trailer.

Primary truck route means any street or highway designated as a primary truck route by the city council by resolution.

Secondary truck route means any street or highway designated as a secondary truck route by the city council by resolution.

Tire width, when applied to pneumatic tires, shall mean the dimension of the cross section of such tires as customarily measured and rated by the manufacturers of motor vehicles and tires.

Truck means any motor vehicle designed or operated for the transportation of property, including a vehicle directly connected to a trailer, of a gross weight of more than 10,000 pounds.

Any terms used in this Article XVII which are not defined by Section 1-2, Section 40-1, or this section but which are defined in SDCL 32-14-1, shall have the meaning as defined in SDCL 32-14-1.

Sec. 40-350. Driver and owner responsibility.

Either the driver or the owner of any truck being operated with such owner's consent are liable for any violation of this article by said truck.

Sec. 40-351. Maximum weight of vehicle or combination of vehicles and axles.

No vehicle or combination of vehicles operating on the streets, alleys, and highways of the city may weigh:

(1) In excess of 20,000 pounds on any one axle, or in excess of the tire weight per inch of tire width prescribed by section 40-355, including all enforcement tolerances;

(2) In excess of 34,000 pounds on any tandem axle, or in excess of the tire weight per inch of tire width prescribed by section 40-355, including all enforcement tolerances; or

(3) In excess of the maximum weight on two or more consecutive axles as determined by the formula detailed in section 40-353, or in excess of the tire weight per inch of tire width prescribed by section 40-355.

Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more.

Sec. 40-352. Combination vehicles deemed single for weight purposes.

Any combination of vehicles being operated upon the streets and highways shall, for the purposes of section 40-351, be deemed to be a single vehicle.

Sec. 40-353. Formula for weight on group of consecutive axles.

For the purposes of section 40-351 the maximum gross weight on a group of two or more consecutive axles allowable on a street or highway shall be determined by the following formula:

In applying the above formula, "W" equals the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, "L" equals the distance measured longitudinally to the nearest foot from the foremost axles to the rearmost axle in a group of two or more consecutive axles, and "N" equals the number of axles in group under consideration.

Sec. 40-354. Limited exemption for certain vehicles hauling agricultural products or livestock from a farm.

No vehicle hauling agricultural products from farm storage or livestock from a farm is subject to enforcement action for violations not exceeding the legal limits imposed pursuant to section 40-351 or section 40-367 by more than five percent. However, such vehicle may not exceed the speed of 50 miles per hour and is only exempt pursuant to this section within a range of 50 miles of the farm. Such vehicle may not exceed the posted weight of any bridge or road. The weight tolerance authorized in this section is not applicable during spring load restrictions as set forth in SDCL 32-22-24 or section 40-368. If enforcement action is taken pursuant to this section, the fine or penalty shall apply to that portion of the load that is above the legal limit.

Sec. 40-355. Maximum weight per tire-spacing of axles.

No vehicle equipped with pneumatic tires may be operated or moved upon any street or highway in this city, if the weight of the vehicle and the load thereon resting upon the surface of the street or highway exceeds:

c. An axle of an oversize or overweight vehicle that cannot be readily reduced in size or weight and is operating with a permit issued under SDCL 32-22-42 or section 40-369.1; or

d. An axle of a trailer being towed by a vehicle with a gross vehicle weight rating (as defined in SDCL 32-3-1) of 11,000 pounds or less; or

(2) Five hundred pounds on any inch of the tire width on any other type of axle.

In no instance may the weight on any axle or combination of axles exceed the maximum weight limits specified in section 40-351.

Sec. 40-356. Solid waste hauling vehicle weight restrictions-fee on excess only.

The limitations of section 40-351 do not apply to the maximum gross weight per axle of any vehicle hauling solid waste. However, the maximum gross weight of such a vehicle may not exceed the total weight limitation of all the axles combined as provided by Section 40-351, nor may any vehicle hauling solid waste exceed the maximum gross weight allowable per axle by five percent on any axle. If enforcement action is taken, the administrative fee shall apply to that portion of the load more than five percent above the legal limit.

Sec. 40-357. Municipal sludge vehicles-permits for oversize and overweight-tires-speed limit.

The city may issue annual or seasonal permits for the movement of oversize and overweight sludge vehicles owned and operated by a municipality. The city engineer may establish permit conditions to ensure the safety of the public and the protection of the highway surface and structures. Any municipal sludge vehicle shall be equipped with large flotation type tires which have an inflation pressure of 25 pounds per square inch or less. The vehicle may not operate on a public roadway at a speed in excess of 15 miles per hour.

Sec. 40-358. Liability for damages not affected by issuance of permit.

The issuance of any permit provided for in this article will in no manner relieve the holder of said permit from liability for damages caused to a street or highway by any movement under said permit.

Sec. 40-359. Removal of overweight portions of load-risk of loss of unloaded cargo.

If an officer upon weighing a vehicle and load determines that the vehicle's weight is unlawful, the officer shall require the driver to stop the vehicle in a suitable place adjacent to the place of weighing. The vehicle shall there remain until such portion of the load is removed or adjusted to reduce the gross weight, axle weight, or tire weight of such vehicle to meet the weight limits specified in this article or until the city issues the vehicle an overweight permit. The overweight permit shall only authorize movement of the vehicle from the weighing site to a location, as determined by the city, where the excess portion of the load can be removed or adjusted to cause the vehicle to meet the weight limits specified in this article. The unloading of any required portion of a load is the duty of and at the sole risk of the owner or operator of the vehicle. Any material unloaded shall be cared for by and continue to be at the sole risk of the owner or operator.

Sec. 40-360. Livestock not to be unloaded from overweight vehicle.

The unloading of livestock as defined by SDCL 39-5-6 (11) is prohibited for the enforcement of violations of section 40-351 and 40-355. The city shall issue to the driver of the vehicle at the point of violation of special overweight permit for the amount of the overload if the load cannot be adjusted to the legal limits without unloading. The permit authorized pursuant to this section is issued at the flat rate of $100.00 for an overweight permit. The flat rate shall include the cost of issuing the permit. This permit authorizes the driver to operate the overweight vehicle to the point of destination within the city or the point of exit from the city. This permit does not, however, exempt the operator from any other enforcement actions.

Sec. 40-361. Lift axle control requirements-permits.

Unless specifically authorized by permit, a variable load axle may not be raised if, when it is raised it causes any other axle to be overloaded. The city hereby recognizes the validity of permits issued under SDCL 32-22-57 and ARSD 70:03:01:85, and adopts the terms and conditions of such permits. A violation of such permit subjects the violator to an administrative fee of $500.00 for each violation, in addition to any other applicable penalties and fees under sections 1-4 and 40-362, for violations of other provisions of this article.

Sec. 40-362. Administrative fees for operation of overweight vehicles.

Any person who is convicted of operating a motor vehicle upon the street and highways of the city with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by sections 40-351 to 40-362, inclusive, shall pay in addition to, and not in substitution for, penalties under section 1-4, an administrative fee calculated as follows:

In an amount equal to five cents per pound for each pound of such excess or combined excess weight over 1,000 pounds if such excess is 3,000 pounds or less.

In an amount equal to $0.15 per pound for each pound of such excess or combined excess weight if such excess exceeds 3,000 pounds and is 4,000 pounds or less.

In an amount equal to $0.225 cents per pound for each pound of such excess or combined excess weight if such excess exceeds 4,000 pounds and is 5,000 pounds or less.

In an amount equal to $0.375 per pound for each pound of such excess or combined excess weight if such excess exceeds 5,000 pounds and is 10,000 pounds or less.

In an amount equal to $0.75 per pound for each pound of such excess or combined excess weight if such excess is more than 10,000 pounds.

The schedule in this section is assessed at a single rate according to the cents per pound rate for the highest weight violation.

Sec. 40-363. Disposition of proceeds.

Administrative fees collected under this Article XVII shall be remitted to the fund that pays for street maintenance and repair.

Sec. 40-364. Use of truck routes.

Each truck shall travel as close as practicable to its destination by primary truck route. Thereafter, it shall travel by secondary truck route to its destination, or as close as practicable to its destination. From the nearest practicable location on a truck route, the truck may travel by other streets to its destination.

Sec. 40-365. Operation of trucks carrying nondivisible loads.

Any truck carrying a nondivisible load that weighs more than permitted by section 40-351, 40-352, or 40-353, but which meets the requirements of section 40-355(1) and (2), which has traveled by primary truck route, or a combination of primary and secondary truck routes, to a location as close as practicable to its destination, may travel by the shortest practicable route from such location to a destination that is not on a primary or secondary truck route.

Sec. 40-366. Exception to use of truck route emergency vehicles.

The operation of emergency vehicles, including, but not limited to, ambulances, and law enforcement, fire department, and health department vehicles, may operate upon any street or highway in the city. Tow trucks and utility vehicles when either is engaged in the performance of emergency duties are included in this exception.

Sec. 40-367. Posting of truck routes.

Sec. 40-368. Posted weight limits.

The city's public works department may, by order, prohibit the operation of trucks upon any street or highway within the city or impose any weight restriction deemed necessary by such department. The prohibition or restriction shall be based upon a reasonable belief that normal use of such streets or highways is not in the public's interest or may damage such streets or highways. The order will become effective when signs are erected and maintained at each end of the affected portion of such street or highway. Vehicles with permits per section 40-369.1 must comply with posted weight limits.

Sec. 40-369. Truck route detours.

Any truck may operate on any officially established detour of a primary or secondary truck route, unless such detours are posted prohibiting or limiting such operation by trucks.

Sec. 40-369.1. Overweight permits.

(a) The city engineer may issue temporary overweight permits for trucks carrying nondivisible loads that cannot otherwise meet the provisions of this article, for periods of up to 30 days. The fee for such permits shall be $20.00.

(b) A truck which has been issued an overweight permit by the South Dakota Highway Patrol is permitted to operate on city streets and highways without a city overweight permit. Such vehicles shall use primary truck routes whenever possible, secondary truck routes, when no primary truck route is possible, and other streets only when no truck route to the truck's destination exists.

Sec. 40-369.2. Truck route maps.

The city engineering department shall keep and maintain accurate maps setting out the primary and secondary truck routes. Such maps shall be available to the public.

Sec. 40-369.3. Police authority.

Any law enforcement officer may require any person driving or in control of any truck to proceed to any public, private, or portable scale within a five-mile radius to determine whether such truck is in violation of this article or any other provision of the revised ordinances of Sioux Falls, SD.

ARTICLE XVIII. CRUISING

Sec. 40-370. Declaration of purpose.

It is the purpose of this article to achieve the city's objective of preventing unnecessary non-destination driving past designated traffic control points throughout the city. This purpose has been determined as a result of a finding by the city that a public nuisance is created by non-destination driving either in the "downtown loop" or at other locations throughout the city. Such unnecessary driving activity creates a legitimate concern for the public's health, safety, and welfare. Repetitive driving and congregating of motor vehicles has increasingly caused areas of concern for citizens, including excessive noise, traffic congestion and hazards, business disruption, and vandalism.

Sec. 40-371. Definitions.

(1) The central business district which is that area of the city bounded by the west side of Minnesota Avenue to Fourth Street to the Big Sioux River to Second Avenue to 14th Street to Minnesota Avenue; and

(2) The area bordered by the west side of Minnesota Avenue to Menlo Avenue between 10th Street and 11th Street, inclusive.

Cruising means the operation of a motor vehicle on a street past a traffic control point, three times in any two-hour period, 11:00 p.m. to 6:00 a.m. in a no cruising area.

Traffic control point means any point which has been established by the police department for the purpose of monitoring cruising.

Sec. 40-372. Cruising prohibited.

No person shall engage in cruising, as defined in this article, in an area which has been designated as a no cruising zone.

Sec. 40-373. Exceptions.

(2) Taxicabs, buses, or other transit vehicles being driven for business purposes.

Secs. 40-374--40-399. Reserved.

ARTICLE XIX. PHOTO MONITORING SYSTEMS FOR ENFORCEMENT OF TRAFFIC CONTROL SIGNALS*

*Editor's note: In order to facilitate the inclusion of Ord. No. 56-03, § 1, adopted June 23, 2003, former Art. XVIII has been renumbered as Art. XIX, at the discretion of the editor.

Sec. 40-400. Establishment.

The city hereby authorizes and establishes administrative procedures for enforcement of traffic control signals with photo monitoring systems.

Sec. 40-401. Violation.

The owner or lessee of any vehicle found, as evidenced by information obtained from a photo monitoring system operated by the city, to have failed to comply with a traffic control signal shall be liable for a monetary penalty imposed pursuant to this article.

Sec. 40-402. Proof of violation.

Proof of violation of this article shall be evidenced by information from a photo monitoring system authorized by this article. A certificate, sworn to by a city official authorized to issue administration citations, based upon inspection of photographs shall be prima facie evidence of the facts contained therein. Any photograph evidencing a violation shall be available for inspection in any proceeding to adjudicate the liability for the violation.

Sec. 40-403. Ownership as prima facie evidence.

In the prosecution of an offense under this article, prima facie evidence that the vehicle described in the administrative citation was operated in violation of this article, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter was the person who committed the violation. The presumption shall be rebutted if the owner, lessee, or renter:

(1) Provides proof to the city that he or she was not the owner or lessee of the vehicle at the time of the alleged violation, or

(2) Submits a copy of police report showing the vehicle had been reported as stolen.

Sec. 40-404. Civil penalty.

Imposition of a penalty pursuant to this section is a civil penalty. It shall not be deemed a conviction as an operator and shall not be made part of the owner's record of traffic offenses. Notwithstanding any other provision of this Code, the penalty for each violation shall be $86.00.

Sec. 40-405. Administrative enforcement.

This article shall be enforced through the procedures established by the administrative code enforcement provisions of this Code.

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Chapter 40 TRAFFIC*