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HomeMy WebLinkAbout0840 .~ of' ()I{'~'~ ~.q~IJ q.~Cj'~?; 't I t::.I:f'"tln" ~ J". f "-vl,v," ~-..-...._---.__... f ,.... .... -. ~" ""'ij..-..: . r1"P" r.... ( ~ .(':J. I,.). , ----.: --. . ._-'---- --'.. ". ---, ORDINANCE NO. 840. AN ORDINANCE relating to public streets and highways in the City of Auburn and the operation of motor vehicles there6n, provid- ing that any violation of the provisions of this ordinance is a misdemeanor, providing penalities for such violations and repeal- ing Section 1 of Ordinance No. 692 of the Ordinances of The City of Au burn. THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS: Section 1. DEFINITIONS. The following words and phrases, wherever used in this ordinance, shall have the meaning as in this aection ascribed to them, unless where used the context thereof shall clearly indicate to the contrary; (a. ) 1...___::1 1 n~ authority; lIA,rterial Highwayll. Every public street or highway, ;;a '. or portion thereof designated as such by proper (b.) IIMotor Vehiclell. Every vehiole, as gi~8i~ dufl_-r~ which is in itself a se1f~propelled unit; (c.) 1I0perator". Every person who is in aotua1 physical control of a motor vehicle as herein defined, upon a public street or highway; L L...1]""..plu 1.. (d.) "Peace Officerll. Any officer authorized by law to execute criminal process or to make arrests for the violation of the statutes generally or of any particular statute or statutes relative to the pub1ic.highways of this state or of the Ordinances of The City of Auburn. (e.) IITraffic Control Signa111. Any traffic device, as here- in defined, whether manually, electrically or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled; (f.) IITraffic Devioe". All signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or officer having jurisdiction, for the purpose of regulating, warning or guiding traffic. Seo. 2. INTOXICANTS AND NARCOTICS. It shall be unlawful for any person to operate or drive any motor vehicle upon any publio street or highway within the oorporate limits of the City of Auburn while under the influenoe of or affected by the use of in\oxicating liquor or of any narcotic drug. Seo.:3. RECKLESS DRIVING. It shall be unlawful for any person to operate a motor vehicle in a reckless manner over and along any public street or higmlaywithin the corporate limits of the City of Auburn. For the purpose of this section to operate "in a reckless mannerll shall be cons.1;.r'if(t9. o~5l..~~n the operation of a vehicle upon the public highways Oi"~iloh~ in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property. c ../'. '. . , . . .- .. .. .... ,. ..; Sec. 4. PENALTIES. Any person who shall violate any pro- vision of either Seotion 2 or Section 3 of this Ordinance shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be punished by a fine of not less than $25.00 or more than $250.00 or by imprisonment for a period of not less than ten days or more than ninety days, or by both such fine and imprisonment, and in addition thereto, his motor vehicle operator's license may be suspended by the police judge for a period of not more than ninety days. Sec. 5. NEGLIGENT DRIVING. It shall be unlawful for any person to operate in a negligent manner a motor vehicle over or along any public street or highway within the corporate limits of the City of Auburn. For the purpose of this section "to operate in a negligent manner" shall be construed tA~.~n ~he-operation of a motor vehicle upon the public highways of~'tn't~ .~t'~-in such a manner as to endanger or to be likely to endanger any person or property. The offense of operating a motor vehicle in a negligent""_- shall be considered to be a lessor offense than, but 11"""'" ~ included in, the offense of operating a motor vehicle in a reckless manner, and any person charged with operating a motor vehicle in a reckless manner may be convicted of the lessor offense of opera- ting a motor vehicle in a negligent manner. Sec. G. SPEED. (1.) Every person operating or driving a motor vehicle upon a public street or highway of the City of Auburn shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of the traffic, width of highway, condi- tion of surface and freedom of obstruction to view ahead and consistent with any and all oonditions existing at the point of operation so as not to unduly or unreasonably endanger the life, limb, property or other rights of any person entitled to the use of suoh public street or highway; (2.) Subject to the provisions of Sub- Seotion .lJ.~.J. of this section and exoept in those instances where a 10wer~~W~speed is provided by this ordinance or otherwise it shall De unlawful for the operator of a motor vehicle to operate the same within the limits of the city of Auburn at a speed in exoess of the following: (a.) 25 miles per hour within the limits of The City of Auburn; (b.) 20 miles per hour in traversing any intersection of public streets or highways within the City of Auburn where the operator's view is obstructed: Provided, except as otherwis e provided in this section, this provision is not to apply to opera- tors upon arterial highways. An operator's view shall be deemed to be obstructed when at any time during the last 100 feet of his approach to an interseotion he does not have a clear and uninterrupt- ed view of such interseotion and of all public highways entering such intersection for a distanae of 100 feet along the center 1ins of eaoh thereof; (c.) 20 miles per hour in traveling upon an arterial highway in the City of Auburn and traversing an interseotion with another public street or highwayMotan arterial highway, and the operator of another vehicle about to enter the intersection of such arterial highway thereat, shall have brought his vehiole to a complete stop as required by law b.efore entering such arterial highway; ,.- , " .- 1 . ,r ~ J . ,.....~ - -- (d.) 20 miles per hour while traveling upon any public street or highway of the city of Auburn and proceeding through any business district, when such business district is so signposted at the extremities thereof. For the purpose 0 f this ordinance I all of those portions of Main Street West and Mairi Street East situate between the right-of-way of the Seattle-Tacoma Branch of the . Northern Pacific Railway Company and an intersection with "C" Street N.E. and "C" Street S.E.; all in the City of Auburn, shall be considered a business district in said city; . (e.) 20 miles per hour when operating any motor vehicle upon a public street or highway of the City of Auburn when passing any school house on school days, or school or public playground between the hours of 8:00 A.M. ands~:OO P.M., or when crossing any marked school crossing during such hours. (f.) 10 miles per hour when operating any motor vehicle in any part of the public parksof the City of Auburn. The a.l..,f.:.l operation of a motor :vehicle in excess of the maximum lawful speeds provided in this seotion at the point of operation and under the circumstances described shall be prima facie evidence 1~ t~ of the operation of a motor vehiole in a negligent manner by the operator thereof: All charges for the violation of any of. the provisions of this seotion, every notice to appear, and every complaint charging the violation of this seotion shall specify approximately the speed at Which the defendant is alleged to have operated such vehicle, the maximum lawful speed at the point of operation and.the reason- able and proper rate of speed applicable under the conditions existing at the point of operation. "' Sec. 7. MUST OBEY TRAFFIC CONTROL SIGNALS AND TRAFFIC DEVICES. It shall be unlawful for the operator of any motor vehicle to operate a motor vehicle within the uity of Auburn contrary to the . direotions of traffic control signals or traffic devices placed ' or erected by authority of a public body or officer having juris- diction for the purpose of regulating, warning or guiding traffic, or by which traffic alternately is directed to stop, proceed or is otherwise controlled. A violation of the provisions of this section shall be prima facie evidence of the operation of a motor vehicle in a negligent manner by the operator thereof. ... Sec. 8. It shall be unlawful for any person operat ing a motor vehicle upon any public street or highway of the City of Auburn to fail to bring such vehicle to a complete stop at any point at which tbere is located a stop sign, except when direoted to proceed by a peace officer or traffic control signal. Sec. 9. No operator of a motor vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of law, unless at the time other- wise directed by a peace officer. Sec. 10. It shall be unlawful for any person operating any motor vehicle upon any public street or highway in the City of Auburn to fail, refuse or neglect to obey all signals of any peace office~or duly authorized. flagman who is at the time discharging the duty of regulating and directing traffic. - .. t' ,'" ~Ii.., .,. .' . ..' .. ~ ~. - . I \; It ?\l! ~~~\l 'ii;~J ~~- j.... t ;; f ,t I -... ,'1\' t ~l j; ~..t t _...~~~;~ - _. -. ~: .~ . " Sec. 11. DUTY TO REPORT ACCIDENTS. The operator of any motor vehicle involved in an accident resulting in injury to or death of any person or total or claimed damage to either or both vehicles or property to an approximate extent of $25.00 or more, shall, within twenty-four hours after such accident, make a written report of such accident to the chief of police of the City of Auburn. Sec. 12. PENALTIES. Any person who shall violate any pro- vision of either Seotions 5, 6, 7, 8, 9, 10, or 11 of this Ordinanoe shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ~5.00 nor more than $150.00. N'~ ti . Sec. 13. This ordinance sha11Abe construed as repealing any ordinanoe or part of ordinance of the City of Auburn not inoonsis- tent with the provisions of this ordinance and whioh is not by this ordinance expressly repealed. Sec. 14. Seotion 1 of Ordinanoe No. 692 of the Ordinances of the City of Auburn, passed and approved, November 5,1929, is hereby repealed. This ordinance shall take affect and be i~orce five days from and after its passage, approval and publication as required by law. 1.. , ~ .; INTRODUCED: PASSED: APPROVED: December 2, 1941. December 2, 1941. Deoember 2, 1941. ~~ .. Attest: o Approved as to form: &D r\(~:.Al rt1t . C Y torney. Published: December 5, 1941.