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HomeMy WebLinkAboutPart 15 Traffic and Vehicles Traffic and Vehicles PART 15 TRAFFIC AND VEHICLES CHAPTER 1 GENERAL PROVISIONS Section 15-101 Citation of Chapter Section 15-102 Traffic Code Controlling Section 15-103 Definitions Section 15-104 Adoption of State Traffic Code Section 15-105 Mail Vehicles Exempted CHAPTER 2 ENFORCEMENT Section 15-201 Enforcement of Traffic Laws; Establishment of Traffic Control Division Section 15-202 Direction of Traffic by Hand or Voice Section 15-203 Direction of Traffic by Unauthorized Persons Section 15-204 Obedience to Police and Fire Officials Section 15-205 Emergency and Experimental Regulations Section 15-206 Push Carts, Riding Animals, or Driving Animal Drawn Vehicles to Comply With Code Section 15-207 Use of Coasters, Rollerskates, and Similar Devices Restricted Section 15-208 Public Officers and Employees to Obey Traffic Regulations Section 15-209 Persons Working on Streets, Exceptions Section 15-210 Maintenance and Construction Zones Section 15-211 Possession of Valid driver's License Required; Employing Unlicensed Chauffeur Section 15-212 Operation of Vehicle on Invalid License Prohibited Section 15-213 Unlawful to Operate Vehicle Without State Vehicle License Section 15-214 Permitting Unauthorized Person to Drive Prohibited Section 15-215 Authorized Emergency Vehicles Section 15-216 Operation of Vehicles on Approach of Authorized Emergency Vehicles Section 15-217 Accidents, Duty to Stop Section 15-217.1 Motor Vehicle Accidents Occurring on Private Property Section 15-218 Issuance of Citation Tags Section 15-219 Failure to Obey Citation Section 15-220 Failure to Comply With Traffic Citations Attached to Parked Vehicle Section 15-221 Presumption in Reference to Illegal Parking Section 15-222 Illegal Cancellation of Traffic Citations Section 15-223 Disposition and Records of Traffic Citations, Warrants, and Complaints Section 15-224 Court Records; Abstract to be Sent to State Department of Public Safety Section 15-225 Insurance or Certificate Required Page 15-1 Traffic and Vehicles CHAPTER 3 VEHICLE EQUIPMENT Section 15-301 Certain Vehicles Prohibited; Vehicles Injurious to Streets Section 15-302 Obstructive and Dangerous Vehicles Section 15-303 Equipment Section 15-304 Mufflers; Modifications Prohibited Section 15-305 Width, Height, Length and Load Section 15-306 Inspection of Vehicles Section 15-307 Maintenance and Adjustment of Brakes – REPEALED Section 15-308 Mandatory Seat Belt Use Section 15-309 Loud Sound Amplification Systems Prohibited Section 15-310 Rear License Plate Lamps CHAPTER 4 SPEED REGULATIONS Section 15-401 Speed Limits Generally; Exceptions Section 15-402 School Zones Section 15-403 Speed Never to Exceed That Which is Reasonable or Prudent for Existing Conditions Section 15-404 Minimum Speed Requirements; Exception Section 15-405 Obedience to Maximum and Minimum Speed Limits Section 15-406 Speed Limit for Trains CHAPTER 5 DRIVING, OVERTAKING, PASSING Section 15-501 Changing Lanes; Driving Over Medians Section 15-502 Driving on Right Side of Roadway Required; Exceptions Section 15-503 When Overtaking on the Right is Permitted Section 15-504 Passing Vehicle Proceeding in Same Direction Section 15-505 Limitations on Overtaking on the Left; Exception Section 15-506 Passing Vehicles Proceeding in Opposite Directions Section 15-507 One-way Roadways and Rotary Traffic Islands Section 15-508 Following Too Close Section 15-509 No Passing Zones Section 15-510 Following Fire Apparatus Prohibited Section 15-511 Crossing Fire Hose Section 15-512 Driving Through Funeral or Other Procession Prohibited; Exceptions Section 15-513 Drivers in a Procession Section 15-514 Funeral Processions to be Identified Section 15-515 Overtaking and Passing in School Zones Section 15-516 Overtaking and Passing School Bus Section 15-517 School Bus Requirements; Lights; Signs; Painting Section 15-518 Driving of Vehicles on Sidewalk Prohibited; Exception Section 15-519 Limitations on Backing Section 15-520 Clinging to Vehicles Prohibited Section 15-521 Entering and Leaving Controlled Access Highways Section 15-522 Reckless Driving Page 15-2 Traffic and Vehicles Section 15-523 Careless or Negligent Driving, Stopping, or Parking Section 15-524 Driving While Under the Influence of Alcohol or Drugs Section 15-525 Driving While Intoxicated Section 15-526 Evidence of Intoxication or Impaired Ability in Prosecution of DUI Section 15-527 Driving Under the Influence While Under Age Section 15-528 Attention to Driving Required Section 15-529 Speed Contest Prohibited Section 15-530 Permits Required for Parades and Processions Section 15-531 Driving Through Safety Zone Section 15-532 Starting Parked Vehicle Section 15-533 Opening and Closing Vehicle Doors Section 15-534 Obstructions to Driver's View or Driving Mechanism Section 15-535 Boarding or Alighting from Vehicles Section 15-536 Unlawful Riding Section 15-537 Railroad Trains Not to Block Streets Section 15-538 Private Service Drives Section 15-539 Designation of Truck Routes Section 15-540 Loads on Vehicles Section 15-541 Vehicle Approaching or Entering Intersection Section 15-542 Vehicle Turning Left at Intersection Section 15-543 Vehicle Approaching a "Yield Right-of-Way" Sign Section 15-544 Vehicle Entering Through Highway Section 15-545 Vehicles Facing Stop, Slow, Warning or Caution Signal Section 15-546 Through Streets Section 15-547 Intersections Where Stop or Yield Required Section 15-548 Stop or Yield Sign Construction and Placement Section 15-549 Vehicle Entering Stop Intersection Section 15-550 Vehicle Entering Yield Intersection Section 15-551 Vehicle Entering Highway from Private Road or Driveway Section 15-552 Vehicles Entering Traffic from Parking Section 15-553 Emerging from the Alley, Driveway, or Building Section 15-554 Stop When Traffic Obstructed Section 15-555 Obedience to Signal Indicating Approach of Train Section 15-556 Certain Vehicles to Stop at all Railroad Grade Crossings Section 15-557 Approaching a Stationary Emergency Vehicle Section 15-558 Texting While Driving CHAPTER 6 TRAFFIC CONTROL DEVICES Section 15-601 Authority to Install Traffic Control Devices Section 15-602 Traffic Control Devices; Uniform Requirements Section 15-603 Obedience to Official Traffic Control Devices Section 15-604 When Official Traffic Control Devices Required for Enforcement Purposes Section 15-605 Traffic Control Signal Legend Section 15-606 Pedestrians; Signal Indicators; Regulations Section 15-607 Flashing Signals Section 15-608 Unauthorized Traffic Control Devices Prohibited Section 15-609 Defacement of Traffic Control Devices Section 15-610 Play Streets, Authority to Establish Section 15-611 Play Streets, Restriction on Use Section 15-612 Designation of Crosswalks and Safety Zones Page 15-3 Traffic and Vehicles Section 15-613 Traffic Lanes CHAPTER 7 STOPPING, STANDING AND PARKING GENERALLY Section 15-701 Illegal Parking Declared Public Nuisance Section 15-702 Application of Standing or Parking Regulations Section 15-703 Parking Time Limits May be Established, Signs Section 15-704 Parking More Than Forty-Eight (48) Hours Section 15-705 Brakes; Motor Not to be Left Running; Unattended Vehicles Section 15-706 Signs or Markings Indicating Angle Parking Section 15-707 Obedience to Angle Parking Signs or Markings Section 15-708 Parking in Spaces Marked Off Section 15-709 Permits for Loading or Unloading at an Angle to the Curb Section 15-710 Hazardous or Congested Places; Stopping, Standing, Parking Section 15-711 Stopping, Standing or Parking Prohibited in Specified Places Section 15-712 Blocking of Intersection or Crosswalk Prohibited Section 15-713 Standing or Parking on One-Way Roadway Section 15-714 Standing or Parking on Left Side of One-Way Streets Section 15-715 Parking Prohibited at Intersections Section 15-716 Parking in Alleys, Blocking Driveways Section 15-717 Entry on Private Property; Trespass; Evidence; Burden of Proof Section 15-718 Parking of Certain Vehicles and Trailers on Public Streets in Residential and Commercial Areas Section 15-719 Handicapped Parking Section 15-720 Parking for Certain Purposes Prohibited Section 15-721 Method of Parking, Standing or Parking Close to Curb Section 15-722 Parking Permits Section 15-723 Negligent Parking Section 15-724 Right-of-Way to Parallel Parking Space Section 15-725 Parking Time Limited Section 15-726 Fire Lanes CHAPTER 8 LOADING Section 15-801 Definitions Section 15-802 Curb Loading Zones, Designation Section 15-803 Loading Zones to be Used Only for Designated Purpose Section 15-804 Stopping, Standing or Parking in Passenger Curb Loading Zone Section 15-805 Stopping, Standing or Parking in Freight Curb Loading Zone Section 15-806 Designation of Public Carrier Stops and Stands Section 15-807 Use of Bus and Taxicab Stands Restricted Section 15-808 Stopping, Standing and Parking of Buses and Taxis Page 15-4 Traffic and Vehicles CHAPTER 9 TURNING MOVEMENTS Section 15-901 Turning Markers or Indicators Section 15-902 Designation of Restricted Turns Section 15-903 U-Turns Section 15-904 Position and Method of Turning Section 15-905 Turning Movements and Required Signals Section 15-906 Means of Giving Turn Signals Section 15-907 Method of Giving Hand and Arm Signals Section 15-908 Turns Into or From Alleys CHAPTER 10 PEDESTRIANS Section 15-1001 Pedestrians Subject to Traffic Control Signals Section 15-1002 Pedestrians' Right-of-Way at Crosswalks Section 15-1003 Pedestrians to Use Right Half of Crosswalk Section 15-1004 Crossing at Right Angles Section 15-1005 When Pedestrians Shall Yield Section 15-1006 Pedestrians Walking Along Roadways Section 15-1007 Pedestrians Prohibited from Soliciting Rides, Business or Donations from Vehicle Occupants Section 15-1008 Drivers to Exercise Due Care Section 15-1009 Crossing Prohibited Section 15-1010 Obedience of Pedestrians to Railroad Signals CHAPTER 11 BICYCLES Section 15-1101 Application of Bicycle Regulations Section 15-1102 Application of Traffic Laws to Bicycles Section 15-1103 Obedience to Traffic Control Devices Section 15-1104 Riding on Bicycles Section 15-1105 Riding on Roadways and Bicycle Paths Section 15-1106 Speed of Bicycle Section 15-1107 Emerging from Alley or Driveway Section 15-1108 Carrying Articles Section 15-1109 Parking Section 15-1110 Riding on Sidewalks Section 15-1111 Lamps and Equipment on Bicycles Section 15-1112 Impoundment of Bicycles Page 15-5 Traffic and Vehicles CHAPTER 12 MOTOR VEHICLE ESCORT GUIDES Section 15-1200 Duties and Authority of Motor Vehicle Escort Guides and Agencies Section 15-1201 Escort Guides - Uniforms and Equipment Requirements and Limitations Section 15-1202 Equipment Requirements for Escort Vehicles Section 15-1203 Advertisements - Limitations Section 15-1204 Functions, Powers and Duties of the Police Department Section 15-1205 Escorts Required Section 15-1206 Funerals - Driving Section 15-1207 Parades Section 15-1208 Driving Through Procession Section 15-1209 Penalty Section 15-1210 Funeral Parking Meter Hoods CHAPTER 13 MOTORCYCLES Section 15-1301 Operator to Ride on Permanent Seat Section 15-1302 Carrying Passengers Section 15-1303 Head Gear for Operators and Riders Section 15-1304 Windshield; Goggles or Face Shield for Operator Section 15-1305 Maximum Height of Handlebars Section 15-1306 Rear View Mirrors Section 15-1307 Brakes Section 15-1308 Lights Generally Section 15-1309 Stop Lamp Section 15-1310 Speedometer Section 15-1311 Fenders Section 15-1312 Rider Not to Hold to Other Moving Vehicles Section 15-1313 Passing Other Vehicles Between Traffic Lanes Section 15-1314 Speed Limit Section 15-1315 Nighttime Driving of Scooters - REPEALED Section 15-1316 Racing Motors Section 15-1317 Ignition and Mechanical Adjustments Section 15-1318 Carrying Passengers Less Than Ten (10) Years of Age Prohibited Section 15-1319 Carrying Passengers on Lightweight Motorcycles Prohibited CHAPTER 14 IMPOUNDMENT OF VEHICLES Section 15-1401 Definitions Section 15-1402 Purpose and Effect of Removal and Impoundment Provisions Section 15-1403 Authority to Impound Vehicles Section 15-1404 Vehicles on Bridge Section 15-1405 Arrest and Detention of Driver of Vehicle Section 15-1406 Illegal Trespass by Vehicle Section 15-1407 Vehicles Parked Overtime Section 15-1408 Vehicles Blocking Fire Exits or Hydrants Section 15-1409 Vehicles Parked in Intersection Page 15-6 Traffic and Vehicles Section 15-1410 Recovered Stolen Vehicles Section 15-1411 Motor Vehicle Collisions Section 15-1412 Vehicles not Bearing or Displaying Proper License Plate Section 15-1413 Impoundment of Vehicles for Evidence Section 15-1414 Seizure and Forfeiture of Vehicles used in Crime Section 15-1415 Abandoned, Junked Vehicles Prohibited Section 15-1416 Abandoned, Junked Vehicles Considered a Nuisance Section 15-1417 Vehicles Obstructing Traffic or Highly Susceptible to Damage Section 15-1418 Abandoned Vehicles on Public Property Section 15-1419 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on Private Property Section 15-1420 Place of Impoundment Section 15-1421 Notice of Removal Section 15-1422 Payment of Cost of Removal and Storage Section 15-1423 Contesting Validity of Removal or Storage Section 15-1424 Penalty CHAPTER 15 PENALTIES Section 15-1501 Obedience to Traffic Code Section 15-1502 Penalties CHAPTER 16 SKATEBOARDS Section 15-1601 Definitions Section 15-1602 Rules of the Road Section 15-1603 Parental Responsibilities Section 15-1604 Compliance with Other Laws Section 15-1605 Violations and Penalties Page 15-7 Traffic and Vehicles CHAPTER 1 GENERAL PROVISIONS Section 15-101 Citation of Chapter Section 15-102 Traffic Code Controlling Section 15-103 Definitions Section 15-104 Adoption of State Traffic Code Section 15-105 Mail Vehicles Exempted SECTION 15-101 CITATION OF CHAPTER This chapter and all amendments hereto may be cited or referred to as the "Traffic Code, City of Owasso" and may so appear upon all official documents, records or instruments. (Prior Code, Chapter 20) SECTION 15-102 TRAFFIC CODE CONTROLLING Except as specifically provided by law as set forth in this chapter, the traffic code shall be controlling in the use of city streets, alleys, thoroughfares, parks, parkways or any other public right-of-way or municipally owned land, by pedestrians and by vehicles of every kind whether self-propelled or otherwise and whether moving or at rest. (Prior Code, Chapter 20) SECTION 15-103 DEFINITIONS As used herein: 1. means any narrow highway ordinarily located in the interior portion of platted blocks "Alley" and ordinarily used for service or delivery purposes at the rear of stores, dwellings, or buildings; 2. " means a motor vehicle constructed, reconstructed or arranged for the Ambulance" purpose of transporting ill, sick, or injured persons; 3. means a device propelled by human power upon which any person may ride, "Bicycle" having two (2) tandem wheels, either of which is more than twenty (20) inches in diameter; 4. means every motor vehicleincluding church buses, designed for carrying more than "Bus" , ten (l0) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. A “church bus” is any bus operated by a nonprofit religiousorganization which transports persons including school-age children to and from religious activities; 5. means every highway, street or roadway in respect to which "Controlled access highway" owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway; 6. " means every vehicle designed, maintained, or used primarily for the "Commercial vehicles transportation of property; 7. means any clearly marked center lane. If the center lane is not marked and "Center lane" no cars are parked on the roadway, then the center lane is equally distanced between the curbs or traveled portion of the roadway. In the event a vehicle or vehicles are parked on one Page 15-8 Traffic and Vehicles side of the roadway only, then the center lane is equally distanced from the side of the parked vehicle or vehicles toward the street and curb on the opposite roadway. If vehicles are parked on each side of the roadway, then the center lane is equally distanced from the edges of the parked vehicles; 8. means that part of a roadway at an intersection included within the "Cross walk" connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs; or in the absence of curbs from the edges of the traversable roadway. "Cross walk" also means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface; 9. " or means to drive, operate or be in actual physical control of a vehicle; Drive""to drive" 10. " means a person who drives or is in actual physical control of a vehicle; Driver or operator" 11. means an unforeseeable occurrence of temporary duration causing or "Emergency" resulting in an abnormal increase in traffic volume, cessation or stoppage of traffic movement, or creation of conditions hazardous to normal traffic movement, including fire, storm, accident, riot, or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic; 12. or " means vehicles of the fire "Emergency vehicle""authorized emergency vehicle department, police vehicles and ambulances; 13. " See Street; Highway," 14. means: "Intersection" a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadway of two (2) streets, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets join at any other angle, may come in conflict; or b. Where a street includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street by an intersecting street, shall be regarded as a separate intersection. In the event such intersecting street also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such streets shall be regarded as separate intersections; 15. means a roadway which is divided into two (2) or more clearly marked "Laned roadway" lanes for vehicular traffic; 16. see controlled access highway; "Limited access highway", 17. means a space adjacent to a curb reserved for the exclusive use of "Loading zone" vehicles during the loading or unloading of passengers or material. A freight curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of freight; a passenger curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of passengers; 18. means boundaries of parking areas, loading zones and non-traffic areas and "Limit lines" lines indicating the proper place for stopping where stops are required; Page 15-9 Traffic and Vehicles 19. mean a motor vehicle, other than a "Motor cycle, motor scooter, and motor bicycle" tractor, having a seat or saddle for the use of the driver and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor; 20. means every vehicle which is self-propelled and every vehicle which is "Motor vehicle" propelled by electric power obtained from overhead trolley wires, but not operated upon rails; 21. shall mean whenever certain hours are named herein they shall mean "Official time" Central Standard Time, or Daylight Savings Time, as may be in current use in the city; 22. means all signs, signals, markings, and devices not "Official traffic control device" inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic; 23. means the standing of a vehicle whether occupied or not, otherwise than "Park or parking" temporarily for the purpose of, and while actually engaged in loading or unloading merchandise or passengers, providing such loading and unloading is in an authorized place; 24. means any person afoot; "Pedestrian" 25. means every officer of the municipal police department, or any officer "Police officer" authorized to direct or regulate traffic, or to make arrests for violation of traffic regulations including authorized officers from other law enforcement agencies and officers who have been cross-deputized by the City of Owasso; 26. means a way or place in private ownership or leading to "Private road or roadway" property in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner; 27. means a carrier of persons or property upon cars other than streetcars operated "Railroad" upon stationary rails; 28. means a steam engine, electric or other motor, with or without cars coupled "Railroad train" thereto, operated upon rails, except streetcars; 29. means the territory contiguous to and including a highway not "Residence district" comprising a business district; 30. means the privilege of the immediate use of the roadway. It is the right of "Right-of-way" 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; 31. means that portion of a street improved, designed, ordinarily used for "Roadway" vehicular travel, exclusive of the shoulders. In the event a street includes two (2) or more separate roadways, the term roadway, as used herein, shall refer to any such roadway, separately, but not to all such roadways, collectively; 32. means the area or space officially set apart within a roadway for the exclusive "Safety zone" use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times, while set apart as a safety zone; Page 15-10 Traffic and Vehicles 33. means every motor vehicle owned by a public or governmental agency and "School bus" operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school; provided, however, that this definition of "school bus" shall not be extended to include buses normally used in city transit which may be used part time for the transportation of school children during some portion of the day; 34. means all streets or portions of streets immediately adjacent to a school, or "School zone" school ground, where same is adjacent and for a distance of three hundred (300) feet in each direction; 35. means that portion of a street between the curb lines or at lateral lines of the "Sidewalk" roadway and adjacent property lines, intended for use of pedestrians; 36. means any stopping or halting of a vehicle whether occupied or not, "Stand" or "standing” otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers; 37. "Stop when required,” shall mean the complete cessation from movement; 38. when prohibited, means any halting even momentarily of a vehicle "Stop or stopping," whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal; 39. means the entire width between the boundary lines of every way when "Street" or "highway" any part thereof is open to the use of the public for purposes of vehicular travel; 40. means a street, or boulevard or highway or portion thereof at "Through street or highway" the entrances to which: a. Vehicular traffic from intersecting streets or highways is required by law to come to a full stop before entering or crossing; and b. Stop signs are erected as provided in this part; 4l. means pedestrians, ridden or herded animals, vehicles and other conveyances, "Traffic" either singularly or together, while using any highway or street for purpose of travel; 42. mean any device legally authorized and used for the "Traffic control devices or signals" purpose of regulating, warning or guiding traffic; 43. shall be defined as, but not limited to, a boat trailer with or without boat, travel “Trailer” trailer, job trailer, moving storage container, lawn or home maintenance trailer, contractor trailer, horse or animal transport, flatbed trailer, vehicle transport or any other trailer as determined by the City of Owasso; (Ord No. 1036, 9/2/2014) 44. means a turn by which a vehicle reverses its course of travel on the same street; "U-turn" 45. " means every device in, upon, or by which any person or property is, or may be "Vehicle transported, or drawn, upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks. (Ord No. 981, 4/5/11) Page 15-11 Traffic and Vehicles State Law Reference: Definitions, state traffic code, 47 O.S. Sections 1-101 et seq. SECTION 15-104 ADOPTION OF STATE TRAFFIC CODE There is hereby adopted by reference and made a part of this code all of the provisions of the Oklahoma Highway Safety Code, all as found in Title 47 of the Oklahoma Statutes. All of these provisions are hereby made a part of the traffic ordinances of the city. All of the provisions found in this title are hereby vitalized as provided in the laws by this section, specific reference to which is hereby made, as well as all subsequent amendments to the laws, and all of the laws as well as amendments thereto shall be in full force and effect within the city insofar as the same are not modified by other provisions in this part or amendments thereto. (Prior Code, Chapter 20; Ord. No. 438, 10/1/91) State Law Reference: State rules of the road, 47 O.S. Sections 10-101 et seq; state motor vehicle code, 47 O.S. Sections 1-101 et seq. SECTION 15-105 MAIL VEHICLES EXEMPTED Nothing in this code shall be construed to prevent the vehicles of the United States Postal Department, while engaged in the business of the department, or the duly authorized and licensed operators of such vehicles in pursuance of their duties under the department from: 1. Double parking such vehicles while engaged in collecting and delivering U.S. mail; 2. Leaving the vehicle while the motor is running in a double parked condition without a licensed operator therein; 3. Using areas designated as "loading zones" and "taxi zones" for the collection and delivery of the U.S. mail; 4. Leaving the vehicle parked in an alley where less than ten (10) feet of alley width remains for the use of through traffic; 5. The use of designated passenger loading zones, however, such exemption shall apply only for the purpose of momentary stops for mail pickup and delivery, and shall not permit the use of such areas for the general mail delivery. Page 15-12 Traffic and Vehicles CHAPTER 2 ENFORCEMENT Section 15-201 Enforcement of Traffic Laws; Establishment of Traffic Control Division Section 15-202 Direction of Traffic by Hand or Voice Section 15-203 Direction of Traffic by Unauthorized Persons Section 15-204 Obedience to Police and Fire Officials Section 15-205 Emergency and Experimental Regulations Section 15-206 Push Carts, Riding Animals, or Driving Animal Drawn Vehicles to Comply With Code Section 15-207 Use of Coasters, Rollerskates, and Similar Devices Restricted Section 15-208 Public Officers and Employees to Obey Traffic Regulations Section 15-209 Persons Working on Streets, Exceptions Section 15-210 Maintenance and Construction Zones Section 15-211 Possession of Valid Driver's License Required; Employing Unlicensed Chauffeur Section 15-212 Operation of Vehicle on Invalid License Prohibited Section 15-213 Unlawful to Operate Vehicle without State Vehicle License Section 15-214 Permitting Unauthorized Person to Drive Prohibited Section 15-215 Authorized Emergency Vehicles. Section 15-216 Operation of Vehicles on Approach of Authorized Emergency Vehicles Section 15-217 Accidents, Duty to Stop Section 15-217.1 Motor Vehicle Accidents Occurring on Private Property Section 15-218 Issuance of Citation Tags Section 15-219 Failure to Obey Citation Section 15-220 Failure to Comply With Traffic Citations Attached to Parked Vehicle Section 15-221 Presumption in Reference to Illegal Parking Section 15-222 Illegal Cancellation of Traffic Citations Section 15-223 Disposition and Records of Traffic Citations, Warrants, and Complaints Section 15-224 Court Records; Abstract to be Sent to State Department of Public Safety Section 15-225 Insurance or Certificate Required SECTION 15-201 ENFORCEMENT OF TRAFFIC LAWS; ESTABLISHMENT OF TRAFFIC CONTROL DIVISION It is the duty of the officers of the police department or any officers that are assigned by the chief of police to enforce all street traffic laws of this city and all the state vehicle laws applicable to street traffic in this city. Officers of the department shall make arrests for traffic violations, investigate accidents, and cooperate with other officers in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the department by this part and any other traffic ordinances of this city. (Prior Code, Chapter 20) SECTION 15-202 DIRECTION OF TRAFFIC BY HAND OR VOICE A. Officers of the police department or any officers designated by the chief of police are hereby authorized to direct traffic by voice, hand, or signal in conformance with traffic laws and ordinances. In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws and ordinances. B. Officers of the fire department, when at the scene of a fire, or other emergency, may direct or assist the police in directing traffic in the immediate vicinity. Page 15-13 Traffic and Vehicles C. Duly authorized school crossing guards, when at a duly designated school zone, as defined herein, may direct traffic at such school zone to safeguard pedestrians therein. (Prior Code, Chapter 20; Ord. No. 385, 4/5/88) SECTION 15-203 DIRECTION OF TRAFFIC BY UNAUTHORIZED PERSONS No unauthorized person shall direct or attempt to direct traffic, except in case of emergency where no officer is present. (Prior Code, Chapter 20) SECTION 15-204 OBEDIENCE TO POLICE AND FIRE OFFICIALS No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer, fire department official, or authorized school crossing guard. (Prior Code, Chapter 20; Ord. No. 385, 4/5/88) SECTION 15-205 EMERGENCY AND EXPERIMENTAL REGULATIONS The city manager, subject to any directions which the city council may give by motion or resolution, is empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days. (Prior Code, Chapter 20) SECTION 15-206 PUSH CARTS, RIDING ANIMALS, OR DRIVING ANIMAL DRAWN VEHICLES TO COMPLY WITH CODE Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, is subject to the provisions of this part applicable to the driver of any vehicle, except those provisions of this part which by their very nature can have no application. (Prior Code, Chapter 20) State Law Reference: Similar provisions, 47 O.S. Section 11-104. SECTION 15-207 USE OF COASTERS, ROLLERSKATES, AND SIMILAR DEVICES RESTRICTED No person upon rollerskates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a cross walk; and when so crossing, such person is subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinances of this city. (Prior Code, Chapter 20) SECTION 15-208 PUBLIC OFFICERS AND EMPLOYEES TO OBEY TRAFFIC REGULATIONS The provisions of this part shall apply to the driver of any vehicle owned by or used in the service of the United States Government, any state, county, city, or governmental unit or agency, as well as to other vehicles. It is unlawful for any such driver to violate any of the provisions of this part, except as otherwise permitted in this part by state statute. This part shall not apply to the military forces of the United States and organizations of the National Guard when performing any military duty. (Prior Code, Chapter 20) State Law Reference: Municipal drivers to obey state rules of road, 47 O.S. Section 16-103. Page 15-14 Traffic and Vehicles SECTION 15-209 PERSONS WORKING ON STREETS, EXCEPTIONS Unless specifically made applicable, the provisions of this part, except those relating to reckless driving and driving while intoxicated, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street, or to persons, motor vehicles, and other equipment while actually engaged in construction, maintenance, or repair of public utilities. All street or highway and public utility operations shall be protected by adequate warning signs, signals, devices, or flagpersons. The provisions of this part shall apply to any of the persons and vehicles exempted by this section when traveling to and from such work. (Prior Code, Chapter 20) SECTION 15-210 MAINTENANCE AND CONSTRUCTION ZONES A. City personnel or contractors, while repairing or improving or maintaining the streets of the city, and City personnel and utility companies, when installing, improving, or repairing lines or other utility facilities in the streets, are hereby authorized as may be necessary, subject to control by the City Manager, to close any street or section thereof to traffic during such repair, maintenance, or construction. In exercising this authority, the appropriate personnel, contractor or utility company shall erect or cause to be erected proper control devices and barricades to warn and notify the public that the street has been closed to traffic. B. When any street has been closed to traffic under the provisions of Subsection A of this section and traffic control devices or barricades have been erected, it is unlawful for any person to drive any vehicle through, under, over, or around such traffic control devices or barricades, or otherwise to enter the closed area. The provisions of this subsection shall not apply to persons entering the closed area or zone for the purpose of protecting lives or property, or to those engaged in the construction, maintenance or repair of the street or utility. Persons having their places of residence or places of business within the closed area may travel, when possible to do so, through the area at their own risk. C. Whenever construction, repair, or maintenance of any street or utility line or any other facility is being performed at or near a place where vehicles travel, the City personnel, contractor, or utility company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the public. Every person using the street shall obey all signs, signals, markings, flag persons, or other traffic control devices which are placed to regulate, control, and guide traffic through the construction or maintenance area. “Construction or maintenance area” means any area upon or around any street or alley that is visibly marked as an area where street or utility construction, repair or maintenance is temporarily occurring, and where workers engaged in the construction, maintenance or repair may be present. The construction area also includes the lanes of a street leading up to the area where construction, repair or maintenance is occurring, starting at the point where properly posted traffic control devices begin to warn and guide the public into and through the construction area, including, but not limited to, instructions to merge from one lane into another lane, or reduce speed or to follow the directions given by flag persons. D. The maximum speed a vehicle may be driven in a construction area shall be plainly posted in the construction area. Violation of the posted speed limit in the repair, maintenance or construction area, or violation of any other provision within this ordinance, shall result in the doubling of the appropriate fine. (Ord. No. 896, 6/19/07) Page 15-15 Traffic and Vehicles (State Law Reference: 47 O.S. §11-1302-Maintenance and Construction Zones; 47 O.S. §11- 806-Special Speed Limitations.) SECTION 15-211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED CHAUFFEUR A. No person shall operate any motor vehicle on the streets without a valid driver’s license, unless such person is specifically exempt from such laws by the provisions thereof. Any person operating a motor vehicle on the streets shall have the valid license in his or her possession at all times. No person charged with violating this section shall be convicted if he or she produces in court a license issued to him or her that was valid at the time of thearrest. B. No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on a motor vehicle or any other restriction applicable to the licensee as the state may determine. C.No person shall employ, or permit to remain in his employment as a chauffeur or driver of a motor vehicle calculated to be driven upon the streets, alleys, roads, public places or private places open to public use within the corporate limits of the city, any person not then the holder and in the lawful possession of a valid class A, B, C or Dlicense as may be required by state law. (Ord 985, 4/19/11) State Law Reference: Driver's licenses, 47 O.S. Section 6-101. SECTION 15-212 OPERATION OF VEHICLE ON INVALID LICENSE PROHIBITED No person shall operate a motor vehicle when his privilege to do so is canceled, suspended, revoked or denied. Any person convicted of violating this section shall be punished by a fine as provided in Section 1-108 of this code. Each act of driving on the streets or highways as prohibited by this section shall constitute a separate offense. (Prior Code, Chapter 20) State Law Reference: Similar provisions, 47 O.S. Section 6-303. SECTION 15-213 UNLAWFUL TO OPERATE VEHICLE WITHOUT STATE VEHICLE LICENSE It is unlawful to operate a vehicle of any kind upon a street of the city without a state vehicle license as may be required by law or to fail to display the state vehicle license as required by law. (Prior Code, Chapter 20) SECTION 15-214 PERMITTING UNAUTHORIZED PERSON TO DRIVE PROHIBITED No person shall authorize or knowingly permit any vehicle owned by him, registered in his name, or under his control to be driven, parked or stopped upon any highway, by any person who is not authorized under the provisions of this part and the laws of the state to operate such vehicle. Page 15-16 Traffic and Vehicles SECTION 15-215 AUTHORIZED EMERGENCY VEHICLES A. 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 ordinance or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this section. B. The driver of an authorized emergency vehicle may do any of the following when in pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm: l. Park or stand, irrespective of the provisions of this part; 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; 3. Exceed the maximum speed limits so long as life or property is not endangered; or 4. Disregard regulations governing direction of movement or turning in specific directions. C. The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of any such vehicleis properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. D. 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. (Ord No. 981, 4/5/2011) State Law Reference: Emergency vehicle driving rules, 47 O.S. Section 11-106. SECTION 15-216 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. B. This section shall not be construed to require an officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals, nor shall it operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Ord No. 981, 4/5/11) State Law Reference: Authorized emergency vehicles and their equipment, 47 O.S. Sections 11-106, 12-218; approach of emergency vehicles, 47 O.S. Section 11-405. Page 15-17 Traffic and Vehicles SECTION 15-217 ACCIDENTS, DUTY TO STOP A. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or property shall immediately stop his vehicle at the scene of such accident, or as close thereto as possible, return to and remain at the scene of the accident until he has given his name, address and the registration of his vehicle and shall upon request exhibit his driver's license to the person injured or the driver or occupant of, or person attending, any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying or making arrangement for the carrying of such persons to a physician, surgeon or hospital for medical and surgical treatment if it is apparent that this treatment is necessary, or if such is requested by the injured person. Each such stop shall be made without obstructing traffic more than is necessary. B. The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person, or in which it is apparent that damage to one vehicle or other property is in excess of the amount provided for by state law,shall, as soon as practicable, report such accident to a police officer or to the police department. If a driver makes out a written report of the accident in the office of the police department as soon as practicable after the accident, which report is to be forwarded to the state department of public safety in accordance with state law, the driver shall be deemed to be in compliance with this section. C. Any person failing to stop or to comply with any of the requirements of this section shall be guilty of a misdemeanor and upon conviction thereof may be fined as provided in Section 1-108 of this code. (Ord No. 981, 4/5/11) State Law Reference: Accident reports, 47 O.S. Sections 10-101 et. seq. SECTION 15-217.1 MOTOR VEHICLE ACCIDENTS OCCURRING ON PRIVATE PROPERTY Police officers shall not complete a written collision report for motor vehicle accidents that occur on private property within this jurisdiction except when: 1. A personal injury or fatality is involved; 2. A driver that may be under the influence of alcohol or other intoxicating substance is involved; 3. The collision involves a vehicle that is the property of the state or a political subdivision of the state; 4. A hit-and-run is involved; 5. Prosecution or follow-up investigation is contemplated; 6. There is damage to public property; 7. Directed by a supervisor. Police officers shall provide assistance to motorists as a public service, such as exchanging information or arranging for the removal of vehicles. (Ord No. 1200, 11/15/2022) SECTION 15-218 ISSUANCE OF CITATION TAGS A. The chief of police is hereby authorized and directed to supply police officers with citation tags in sets, each set consisting of an original and duplicate copies, for the purpose of giving notice to persons violating any provision of this part. Page 15-18 Traffic and Vehicles B. Notice may be given by delivering the tags to the violator or by affixing it to the vehicle involved in the violation. C. Each citation tag shall direct the violator to appear and to present such tag at a designated place on or before a date and hour specified thereon. D. Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody. (Prior Code, Chapter 20) SECTION 15-219 FAILURE TO OBEY CITATION It is unlawful and an offense for any person to violate his written promise to appear, given to an officer upon the issuance of a traffic citation regardless of the disposition of the charge for which citation was originally issued. SECTION 15-220 FAILURE TO COMPLY WITH TRAFFIC CITATIONS ATTACHED TO PARKED VEHICLE If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of as specified in the citation, the clerk of the municipal court may send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period as specified, a warrant of arrest may be issued. On any occasion where two (2) or more such traffic citations have been affixed on the same motor vehicle and the traffic citations have been disregarded, a warrant of arrest may be issued without sending the letter provided in this section. SECTION 15-221 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING A. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. B. The presumption in Subsection A of this section shall apply only when the procedure as prescribed in this chapter has been followed. SECTION 15-222 ILLEGAL CANCELLATION OF TRAFFIC CITATIONS It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than is provided by this chapter. SECTION 15-223 DISPOSITION AND RECORDS OF TRAFFIC CITATIONS, WARRANTS, AND COMPLAINTS A. Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or any traffic law of this city shall deposit the original and a duplicate copy of the citation with the municipal court. Page 15-19 Traffic and Vehicles B. Upon the filing of the original citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court, including forfeiture of bail or by payment of a fine. C. The chief of police shall maintain a record of all warrants issued by the municipal court which are delivered to the police department for service, and of the final disposition of the warrants. D. No member of the police department or other officer or public employee shall dispose of, alter, or deface a traffic citation or any copy thereof, or the record of the issuance or disposition of any traffic citation, complaint, or warrant, other than to correct or supplement information contained in the document, in a manner other than as required in this chapter. (Ord No. 981, 4/5/11) SECTION 15-224 COURT RECORDS; ABSTRACT TO BE SENT TO STATE DEPARTMENT OF PUBLIC SAFETY A. The municipal judge shall keep a record of every traffic citation deposited with or presented to the court and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture. B. Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this chapter or other law regulating the operation of vehicles on highways, the municipal judge or clerk of the court in which the conviction was had or bail was forfeited shall prepare and immediately forward to the State Department of Public Safety a certified abstract of the court's record of the case. An abstract need not be made of any conviction involving the illegal parking or standing of a vehicle. C. The abstract must be made upon a form furnished by the State Department of Public Safety and shall include the name and address of the party charged, the number of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail was forfeited, and the amount of the fine or forfeiture. (Prior Code, Chapter 20) SECTION 15-225 INSURANCE OR CERTIFICATE REQUIRED A. The owner of a motor vehicle registered in this state and operating the vehicle within the city's boundaries, shall carry in such vehicle at all times a current owner's security verification form listing the vehicle, or an equivalent form which has been used by the State Department of Public Safety which shall be produced by any driver thereof upon request for inspection by any law enforcement officer, and, in case of a collision, the form shall be shown upon request to any person affected by the collision. B. The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the department during operation of the vehicle and shall not be required to surrender such form for vehicle registration purposes: 1. Any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof; 2. Any vehicle bearing the name, symbol or logo of the business, corporation or utility on the exterior and which is in compliance with the Compulsory Insurance Law Page 15-20 Traffic and Vehicles according to records of the Department of Public Safety which reflect a deposit, bond, self insurance, or fleet policy; 3. Any vehicle authorized for operation under a permit number issued by the Interstate Commerce Commission, or the Oklahoma Corporation Commission; 4. Any licensed taxicab; and 5. Any vehicle owned by a licensed motor vehicle dealer. C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Owner's Policy" means an owner's policy of liability insurance which: a. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted; b. Shall insure the person named therein and insure any other person, except as provided in Subparagraph C of this paragraph, using an insured vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, operation or use of such vehicle; c. May provide for exclusions from coverage in accordance with existing laws; and d. Shall be issued by an authorized carrier providing coverage in accordance with Section 7-204 of Title 47 of the Oklahoma Statutes. 2. "Operator's Policy" means an operator's policy of liability insurance which shall insure the named person against loss from the liability imposed upon him by law for damages arising out of the operation or use by him of any motor vehicle not owned by him, subject to the same limits of liability required in an owner's policy; 3. "Security" means: a. A policy or bond meeting the requirements of Section 7-204 of Title 47 of the Oklahoma Statutes; b. A deposit of cash or securities having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma Statutes as acceptable limits for a policy or bond; or c. Self-insurance, pursuant to the provisions of Section 7-503 of Title 47 of the Oklahoma Statutes, having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma Statutes as acceptable limits for a policy or bond. 4. "Compulsory Insurance Law" means the law requiring liability insurance in conjunction with the operation of a motor vehicle in this state as found in Article VI, Chapter 7, and Section 7-606 of Title 47 of the Oklahoma Statutes. Page 15-21 Traffic and Vehicles 5. "Security verification form" means a form, approved by the State Board for property and casualty rates, verifying the existence of security required by the Compulsory Insurance Law of the State of Oklahoma. D. Every operator of a motor vehicle registered in this state shall, while operating or using such vehicle within the city's boundaries, carry either an operator's or an owner's security verification form issued by a carrier, providing the operator is not excluded from coverage thereon; or an equivalent form issued by the Department of Public Safety, reflecting liability coverage. E. An owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the department upon request of any police officer of the department shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in Section 1-108 of this code. F. A sentence imposed for any violation of this section may be suspended or deferred in whole or in part by the court. G. Any person producing proof in court that a current security verification form or equivalent form which has been issued by the department reflecting this liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of such charge. H. Upon conviction, bond forfeiture or deferral of sentence, the court clerk shall forward an abstract to the State Department of Public Safety within ten (10) days reflecting the action taken by the court. Page 15-22 Traffic and Vehicles CHAPTER 3 VEHICLE EQUIPMENT Section 15-30l Certain Vehicles Prohibited; Vehicles Injurious to Streets Section 15-302 Obstructive and Dangerous Vehicles Section 15-303 Equipment Section 15-304 Mufflers; Modifications Prohibited Section 15-305 Width, Height, Length, and Load Section 15-306 Inspection of Vehicles Section 15-307 Maintenance and Adjustment of Brakes Section 15-308 Mandatory Seat Belt Use Section 15-309 Loud Sound Amplification Systems Prohibited Section 15-310 Rear License Plate Lamps SECTION 15-301 CERTAIN VEHICLES PROHIBITED; VEHICLES INJURIOUS TO STREETS No vehicle or object which injures or is likely to injure the surface of a street shall be driven or moved on any street. State Law Reference: Required equipment on vehicles, 47 O.S. Sections 12-101 et seq. SECTION 15-302 OBSTRUCTIVE AND DANGEROUS VEHICLES No person shall drive any vehicle in such condition, so constructed, or so loaded, as to cause delay or be likely to cause delay in traffic, or as to constitute a hazard to persons or property, except by permit issued by the chief of police and in accordance with the terms of such permit. SECTION 15-303 EQUIPMENT Every vehicle operated upon the streets of the city shall be equipped as required by law. It is unlawful to operate a vehicle upon a street of the city which is not equipped as required by law. It is unlawful to fail to use such equipment in the manner required by law, or to use it in a manner prohibited by law. It is unlawful to operate a vehicle which has equipment prohibited by law upon a street of the city. State Law Reference: For state law relating to equipment, see 47 O.S. Sections 12-201 et seq. SECTION 15-304 MUFFLERS; MODIFICATIONS PROHIBITED A. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a street. No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle. B. It shall be unlawful to operate or use a Jacobs Engine Brake, or other exhaust or engine device without a muffler or with a malfunctional muffler, as braking power or to slow down a vehicle’s rate of speed in the City of Owasso, Oklahoma, except in emergencies. Page 15-23 Traffic and Vehicles For the purpose of this sub-section, a Jacobs Engine Brake is a hydraulic-electric engine attachment that converts a diesel engine into an air compressor by changing engine exhaust valve operation.(Ord. No. 710, 5/21/02) State Law Reference: Similar provisions, 47 O.S. 1971, Section 12-402. SECTION 15-305 WIDTH, HEIGHT, LENGTH, AND LOAD No person shall drive or convey through any street any vehicle the width, length, height, weight, or load of which exceeds that authorized by state law, except in accordance with a permit issued by state authority or by the chief of police. State Law Reference: For state law relating to size, weight, and load, see 47 O.S. Sections 14-101 et seq. SECTION 15-306 INSPECTION OF VEHICLES A. City of Owasso police officers may at any time, with reasonable cause and belief that a vehicle is unsafe or not equipped as required by law, contains equipment that is not in proper adjustment or repair or that the operator of the vehicle is not properly licensed, require the driver to stop and submit the vehicle to an inspection and test as may be appropriate. B. In the event a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or not properly equipped as required by law, the officer making the inspection may give the driver a notice of arrest or written warning. Any person producing proof within ten (10) working days from the date the citation was issued that a condition or equipment for which the person was cited as defective, missing, prohibited, improper, unauthorized or otherwise in violation of this section has been remedied shall be entitled to dismissal of the charges without assessment of court costs. C. No person shall operate or cause to be operated any vehicle or combination of vehicles after notice of arrest or written warning has been issued of unsafe condition or that the vehicle is not equipped as required by law, except as may be necessary to return such vehicle or combination of vehicles to the residence or place of business of the owner or driver if within a distance of twenty (20) miles or to a garage until the vehicle and its equipment have been made to conform with the requirements of this section. D. Any vehicle or combination of vehicles found to have major mechanical defects which would be hazardous to other users of the streets if the vehicle were driven from the place of inspection shall be towed to a garage for repairs, and any repair charge, tow charge or storage charge for the repair, removal and storing of the vehicle shall be the obligation of the owner or operator. (Ord No. 981, 4/5/2011) State law reference: 47 O.S. §13-102, Officers May Inspect a Vehicle and its Equipment. REPEALED SECTION 15-307MAINTENANCE AND ADJUSTMENT OF BRAKES - (Ord No. 981, 4/5/11) SECTION 15-308 MANDATORY SEAT BELT USE A.Every operator and front seat passenger of a passenger car operated in the city shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Page 15-24 Traffic and Vehicles Standard 208. For the purposes of this section, "passenger car" shall mean "automobile" as defined in Section 22.1 of Title 47 of the Oklahoma Statutes except that "passenger car" shall not include trucks, truck-tractors, recreational vehicles, vans, motorcycles or motorized bicycles. B.This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety seat belt system for medical reasons. Provided, the issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. C.This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service. D.Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system as follows: 1.A child under four (4) years of age shall be properly secured in a child passenger restraint system. The child passenger restraint system shall be rear-facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear-facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and 2.A child at least four (4) years of age but younger than eight (8) years of age, if not taller than 4 feet 9 inches in height, shall be properly secured in either a child passenger restraint system or child booster seat. 3.For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R., Section 571.213. E.If a child is eight (8) years of age or is taller than 4 feet 9 inches in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section. F.The provisions of this section shall not apply to: 1.The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws; 2.The driver of an ambulance or emergency vehicle; 3.The driver of a vehicle in which all of the seat belts are in use; 4.The transportation of children who for medical reasons are unable to be placed in such devices, provided there is written documentation from a physician of such medical reason; or 5.The transportation of a child who weighs more than forty (40) pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than forty (40) pounds. Provided, however, for purposes of this paragraph, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child Page 15-25 Traffic and Vehicles care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this paragraph if at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than forty (40) pounds. G.A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section and to give an oral warning to said driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle. H.Any person violating this section shall be punished by a fine and court cost as determined by the Court and authorized by Oklahoma State Statutes. (Ord No. 362, 2/3/87; 557, 11/18/97; 976, 12/21/10; 1067, 12/15/2015) SECTION 15-309LOUD SOUND AMPLIFICATION SYSTEMS PROHIBITED A. No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from the vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle. B. “Sound amplification system” is defined as any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of the human voice, music, and/or musical instruments. C. “Plainly audible” is defined as any sound produced by a sound amplification system from the vehicle which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and base reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway. D. It is an affirmative defense to a charge under this section that the operator is authorized by law to operate the sound amplification system, for any of the following circumstances: (1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition; (2) The vehicle was an emergency or public safety vehicle; (3) The vehicle was owned and operated by the City of Owasso, or public or private utility company; (4)The vehicle was used in authorized public activities, such as parades, fireworks, sports events, or other activities which have been approved by the appropriate city official or body. Page 15-26 Traffic and Vehicles E. Any person who violates any provision of this section, upon conviction, shall be subject to a fine in the amount of Fifty Dollars ($50.00), exclusive of cost. (Ord. No. 517, 12/5/95) SECTION 15-310REAR LICENSE PLATE LAMPS A. No more than two separate lamps with a white light shall be so constructed and placed as to illuminate the rear license plate and render it clearly legible from a distance of fifty (50) feet to the rear. B. It shall be unlawful for a vehicle license plate tag to be surrounded or framed by, partially or in whole, any additional lamp or lamps or otherwise lighted by any additional lamp or lamps. (Ord. No. 849, 04/18/2006) (State Law Reference: Rear License Plate Lamps, 47 O. S. §12-204.1.) Page 15-27 Traffic and Vehicles CHAPTER 4 SPEED REGULATIONS Section 15-401 Speed Limits Generally; Exceptions Section 15-402 School Zones Section 15-403 Speed Never to Exceed That Which is Reasonable or Prudent for Existing Conditions Section 15-404 Minimum Speed Requirements; Exception Section 15-405 Obedience to Maximum and Minimum Speed Limits Section 15-406 Speed Limit for Trains SECTION 15-401 SPEED LIMITS GENERALLY; EXCEPTIONS A. No vehicle shall be driven at a greater speed than twenty-five (25) miles per hour upon any street or highway within the city except: 1. Emergency vehicles being lawfully driven as provided in this code; 2. When a different speed limit is otherwise designated and posted; 3. When a different speed limit is established in this code; and 4. When a special hazard exists that requires a lower speed for compliance with Section 15-403 of this code. B. The city council, by motion or resolution, may reduce or increase the speed limits provided in this code, and when it does so, appropriate signs shall be placed on such streets or parts of streets indicating the lower or higher speed limit. C. The following specific speed rules are adopted. No person may drive a vehicle: 1. At a speed greater than fifteen (15) miles per hour through an open, unmarked, unprotected intersection where no traffic control devices are erected; 2. At a speed greater than twenty-five (25) miles per hour in the business district, unless otherwise posted; 3. At a speed greater than twenty-five (25) miles per hour unless traffic speed limit signs erected pursuant to the authority of the city manager or chief of police specify a greater or lesser speed and if not otherwise provided for in this part; 4. At a speed greater than ten (10) miles per hour in any alley; 5. At any speed greater than that which will enable the driver of a vehicle to stop within the assured clear distance ahead; 6. So as to accelerate or turn a vehicle so rapidly as to spin the wheels; 7. At any speed greater than ten (10) miles per hour past a "YIELD" sign; and 8. All persons driving slower than the normal flow of traffic and not in violation of the preceding section shall drive in the extreme right hand lane. Page 15-28 Traffic and Vehicles D. The city manager or chief of police shall have authority to establish speed zones less than twenty-five (25) miles per hour. Zones for less than speeds of twenty- five (25) miles per hour shall be posted and when posted shall become the lawful speed for the zone to which the signs apply. (Ord. No. 356, 8/19/86) State Law Reference: Basic and minimum speed rules, 47 O.S. Sections 11-801, 11-804. SECTION 15-402 SCHOOL ZONES A. The speed in school zones shall be as posted. The maximum speed limit shall be forty-five (45) miles per hour. B.No vehicle shall be allowed to park in a posted school zone. (Ord. No. 356, 8/19/86; 538, 3/4/97; 831, 10/18/05; 981, 4/5/11) State Law Reference: Local authority to set speed limits, 47 O.S. § 15-102 and § 11-803. SECTION 15-403 SPEED NEVER TO EXCEED THAT WHICH IS REASONABLE OR PRUDENT FOR EXISTING CONDITIONS No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration among other things, the conditions of the vehicle, the traffic, roadway surface or width, the amount of light or darkness, the presence of pedestrians in or near the roadways, and the obstruction of views. No person shall drive any vehicle at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead. SECTION 15-404 MINIMUM SPEED REQUIREMENTS; EXCEPTION No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic except when the slow speed is unavoidable. SECTION 15-405 OBEDIENCE TO MAXIMUM AND MINIMUM SPEED LIMITS Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess of the maximum or slower than the minimum except as required by an authorized officer or in obedience to posted official signs. SECTION 15-406 SPEED LIMIT FOR TRAINS No railway train, locomotive or railway car or cars may be propelled, moved or run within the city at a greater speed than thirty (30) miles per hour. State Law Reference: Authority of city to regulate speed of trains, 11 O.S. Section 22-119. Page 15-29 Traffic and Vehicles CHAPTER 5 DRIVING, OVERTAKING, PASSING Section 15-501 Changing Lanes; Driving Over Medians Section 15-502 Driving on Right Side of Roadway Required; Exceptions Section 15-503 When Overtaking on the Right is Permitted Section 15-504 Passing Vehicle Proceeding in Same Direction Section 15-505 Limitations on Overtaking on the Left; Exception Section 15-506 Passing Vehicles Proceeding in Opposite Directions Section 15-507 One-Way Roadways and Rotary Traffic Islands Section 15-508 Following Too Close Section 15-509 No Passing Zones Section 15-510 Following Fire Apparatus Prohibited Section 15-511 Crossing Fire Hose Section 15-512 Driving Through Funeral or Other Procession Prohibited; Exceptions Section 15-513 Drivers in a Procession Section 15-514 Funeral Processions to be Identified Section 15-515 Overtaking and Passing in School Zones Section 15-516 Overtaking and Passing School Bus Section 15-517 School Bus Requirements; Lights; Signs; Painting Section 15-518 Driving of Vehicles on Sidewalk Prohibited; Exception Section 15-519 Limitations on Backing Section 15-520 Clinging to Vehicles Prohibited Section 15-521 Entering and Leaving Controlled Access Highways Section 15-522 Reckless Driving Section 15-523 Careless or Negligent Driving, Stopping, or Parking Section 15-524 Driving While Under the Influence of Alcohol or Drugs Section 15-525 Driving While Intoxicated. Section 15-526 Evidence of Intoxication or Impaired Ability in Prosecution of DUI Section 15-527 Driving Under the Influence While Under Age Section 15-528 Attention to Driving Required Section 15-529 Speed Contest Prohibited Section 15-530 Permits Required for Parades and Processions Section 15-532 Driving Through Safety Zone Section 15-532 Starting Parked Vehicle Section 15-533 Opening and Closing Vehicle Doors Section 15-534 Obstructions to Driver's View or Driving Mechanism Section 15-535 Boarding or Alighting from Vehicles Section 15-536 Unlawful Riding Section 15-537 Railroad Trains Not to Block Streets Section 15-538 Private Service Drives Section 15-539 Designation of Truck Routes Section 15-540 Loads on Vehicles Section 15-541 Vehicle Approaching or Entering Intersection Section 15-542 Vehicle Turning Left at Intersection Section 15-543 Vehicle Approaching a "Yield Right-of-Way" Sign. Section 15-544 Vehicle Entering Through Highway Section 15-545 Vehicles Facing Stop, Slow, Warning or Caution Signal. Section 15-546 Through Streets. Section 15-547 Intersections Where Stop or Yield Required. Section 15-548 Stop or Yield Sign Construction and Placement Section 15-549 Vehicle Entering Stop Intersection Section 15-550 Vehicle Entering Yield Intersection Section 15-551 Vehicle Entering Highway from Private Road or Driveway Page 15-30 Traffic and Vehicles Section 15-552 Vehicles Entering Traffic from Parking Section 15-553 Emerging from the Alley, Driveway, or Building Section 15-554 Stop When Traffic Obstructed Section 15-555 Obedience to Signal Indicating Approach of Train Section 15-556 Certain Vehicles to Stop at All Railroad Grade Crossings Section 15-557 Approaching a Stationary Emergency Vehicle SECTION 15-501 CHANGING LANES; DRIVING OVER MEDIANS A. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, in addition to all other rules consistent with this subsection, a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and has signaled for a change of course. B. Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course as nearly as practical and shall not weave in and out or turn from side to side unnecessarily. Vehicles shall move to the right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow moving vehicles or making a proper approach for a turn, and this only after the driver has first ascertained that such movement can be made safely and has signaled for a change of course. C. Upon a roadway which has been divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. D. 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. Drivers of vehicles shall obey the directions of every such sign. E. Whenever any highway has been divided into two (2) or more 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 right- hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier, median or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established by the city. (Prior Code, Chapter 20) SECTION 15-502 DRIVING ON RIGHT SIDE OF ROADWAY REQUIRED; EXCEPTIONS A. Upon all roadways of sufficient width, a vehicle shall be driven to the right of the center of the roadway, except as follows: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; 2. When the right half of a roadway is closed to traffic while under construction or repair; Page 15-31 Traffic and Vehicles 3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; and 4. Upon a roadway designated and signposted for one-way traffic. B. Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane when available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. C. No vehicle shall at any time be driven to the left side of the roadway under the following conditions: 1. When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such instance as to create a hazard in the event another vehicle might approach from the opposite direction; 2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; or 3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, or tunnel. The foregoing limitations shall not apply upon a one-way roadway. State Law Reference: Similar provisions, 47 O.S. Section 11-301, 11-306. SECTION 15-503 WHEN OVERTAKING ON THE RIGHT IS PERMITTED A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn; 2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; or 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 (2) or more lines of moving vehicles. B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway. Page 15-32 Traffic and Vehicles SECTION 15-504 PASSING VEHICLE PROCEEDING IN SAME DIRECTION A. Except as provided in Section 15-503 of this code, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. No vehicle shall be driven to the left side of the center of the 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 completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. B. Every driver who intends to pass another vehicle proceeding in the same direction, which requires movement of his vehicle from one lane of traffic to another, shall first see that such movement can be made with safety and shall proceed to pass only after giving a proper signal by hand or mechanical device. C. Except when 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 audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. State Law Reference: Similar provisions, 47 O.S. Sections 11-303, 11-305. SECTION 15-505 LIMITATIONS ON OVERTAKING ON THE LEFT; EXCEPTION A. No vehicle shall be driven to the left side of the center of the street or 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 the completion of the overtaking and passing without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every instance the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. B. No vehicle at any time shall be driven to the left side of the roadway under the following conditions: 1. When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed; or 2. When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within fifty (50) feet of or traversing any intersection or railroad grade crossing. SECTION 15-506 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon roadways having a width for not more than one line of traffic in each direction each driver shall give to the other at least one-half (½) the main traveled portion of the roadway as nearly as possible. (Prior Code, Chapter 20) Page 15-33 Traffic and Vehicles State Law Reference: Similar provisions, 47 O.S. Section 11-302. SECTION 15-507 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS A. Whenever the council by motion or resolution designates any street or alley or part thereof as a one-way street or alley, the city manager shall have placed and maintained 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. B. Upon those streets and parts of streets and in those alleys and parts of alleys so designated as one-way streets and alleys, vehicular traffic shall move only in the direction indicated when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. C. Upon roadways designated and sign posted for one-way traffic a vehicle shall be driven only in the direction designated. D. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. State Law Reference: Similar provisions, 47 O.S. Section 11-308. SECTION 15-508 FOLLOWING TOO CLOSE The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. State Law Reference: Similar provisions, 47 O.S. Section 11-310. SECTION 15-509 NO PASSING ZONES A. The State Department of Transportation, as regards state and federal highways, and the city manager as regards all other streets, are hereby authorized to determine those portions of any highway where overtaking and passing to the left would be especially hazardous, and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof. B. Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive to the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length. Page 15-34 Traffic and Vehicles SECTION 15-510 FOLLOWING FIRE APPARATUS PROHIBITED The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. State Law Reference: Similar provisions, 47 O.S. Section 11-1108(a). SECTION 15-511 CROSSING FIRE HOSE No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the fire department official in command. State Law Reference: Similar provisions, 47 O.S. Section 11-1109. SECTION 15-512 DRIVING THROUGH FUNERAL OR OTHER PROCESSION PROHIBITED; EXCEPTIONS. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers. State Law Reference: Local powers to regulate processions, 47 O.S. Section 15-102. SECTION 15-513 DRIVERS IN A PROCESSION Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. SECTION 15-514 FUNERAL PROCESSIONS TO BE IDENTIFIED A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of such identifying insignia as may be determined and designated by the police department. SECTION 15-515 OVERTAKING AND PASSING IN SCHOOL ZONES A. No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone when schools are in session. B. Wherever a school zone is located on a multiple lane street which is divided into three (3) or more clearly marked lanes for traffic or where the right half of the roadway has been divided into two (2) or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not involve a change of lane movement. (Ord No. 981, 4/5/11) Page 15-35 Traffic and Vehicles SECTION 15-516 OVERTAKING AND PASSING SCHOOL BUS A. The driver of a vehicle upon any street, roadway or highway upon meeting or overtaking from either direction any school bus which has stopped on or adjacent to the street, roadway or highway for the purpose of receiving or discharging any school children and other occupants, shall stop the vehicle immediately when the visual signals are in operation, as specified in Section 15-517 of this code, and shall not pass the school bus until the visual signals are deactivated. The driver may then proceed past such school bus at a speed which is reasonable and prudent. B. The driver of any vehicle when passing the school bus shall use due caution for the safety of school children and other occupants of the school bus. C. The driver of a vehicle upon a street with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled- access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. State Law Reference: Similar provisions, 47 O.S. Section 11-705. SECTION 15-517 SCHOOL BUS REQUIREMENTS; LIGHTS; SIGNS; PAINTING A. The provisions of Section 15-516 of this code shall be applicable only if the school bus is painted yellow and bears upon the front and rear thereon a plainly visible sign containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height which can be removed or covered when the vehicle is not in use as a school bus, and meets the requirements of Section 11-307 of Title 47 of the Oklahoma Statutes. B. The school bus shall be equipped with four (4) red alternately flashing warning signal lights, two (2) of which shall be located high on the front and two (2) high on the rear of the vehicle. The lights shall be a minimum of four (4) inches in diameter and shall be widely separated. State Law Reference: Similar provisions, 47 O.S. Section 11-307. SECTION 15-518 DRIVING OF VEHICLES ON SIDEWALK PROHIBITED; EXCEPTION No person shall drive any vehicle within or upon any sidewalk area except at a permanent or temporary driveway. SECTION 15-519 LIMITATIONS ON BACKING A. No vehicle shall be backed into an intersection or upon any street or highway, except for such distance as may be necessary to permit the vehicle to enter its proper driving lane without crossing the center of the street. B. When backing, the driver shall yield the right-of-way to all vehicles and pedestrians and shall do so only while vision is not obstructed, at a reduced, careful speed, and after the driver has ascertained that such movement can be made without endangering or interfering with the flow of traffic. State Law Reference: Similar provisions, 47 O.S. 1971, Section 11-1102. Page 15-36 Traffic and Vehicles SECTION 15-520 CLINGING TO VEHICLES PROHIBITED No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any moving vehicle upon a roadway. SECTION 15-521 ENTERING AND LEAVING CONTROLLED ACCESS HIGHWAYS No person shall drive a vehicle onto or from any controlled-access highway except at entrances and exits established by public authority. SECTION 15-522 RECKLESS DRIVING Any person who drives any vehicle in a wanton manner without regard for the safety of persons or property is guilty of reckless driving, and upon conviction thereof, shall be fined as provided in Section 1-108 of this code. State Law Reference: Similar provisions, 47 O.S. Section 11-901. SECTION 15-523 CARELESS OR NEGLIGENT DRIVING, STOPPING, OR PARKING It is unlawful for any person to drive, use, operate, park, cause to be parked, or stop any vehicle in a careless or negligent manner, or in such a manner as to endanger life, limb, person, or property, or as to interfere with the lawful movement of traffic or use of the streets. SECTION 15-524 DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS A. It is unlawful for any person to drive, operate, or be in actual physical control of a motor vehicle who: 1. Has a blood alcohol concentration, as defined in this chapter, of eight- hundredths (0.08) or more at the time of a test of such person's blood or breath administered within two (2) hours after the arrest of such persons; (Ord. No. 696, 12/4/01) 2. Is under the influence of alcohol; 3. Is under the influence of any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle; or 4. Is under the combined influence of alcohol and any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle. B. The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance or any other intoxicating substance shall not constitute a defense against any charge of violating this section. C. As used in this section, the term "other intoxicating substance" shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor function. Page 15-37 Traffic and Vehicles State Law Reference: Driving under influence of liquor, drugs, 47 O.S. Section 11-902; Uniform Controlled Dangerous Substance Act, 63 O.S. Sections 2-101 et seq. SECTION 15-525 DRIVING WHILE INTOXICATED A. It is unlawful for any person who is intoxicated to drive, operate or be in actual physical control of any motor vehicle in the city. B.Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol is subject to a fine as provided in Section 1- 108 of this code. C. State Law Reference: Mandatory revocation of license for DUI, 47 O.S. Section 6-205; testing procedures for DUI, 47 O.S. Sections 751 et seq. SECTION 15-526 EVIDENCE OF INTOXICATION OR IMPAIRED ABILITY IN PROSECUTION OF DUI Upon the prosecution of any person for a violation of Sections 15-524 and 15-525 of this code, evidence of the amount of alcohol in such person's blood, as shown by a chemical, analysis of his blood or breath, is admissible. For the purpose of this section: 1. Evidence that there was five-hundredths (5/100) of one percent (1%) or less by weight of alcohol in his blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor; 2. Evidence that there was more than five-hundredths (5/100) of one percent (1%) by weight of alcohol in the person's blood is relevant evidence of operating a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted of the offense of operating a motor vehicle while his ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths (5/100) of one percent (1%) by weight of alcohol in the person's blood in the absence of additional evidence that such person's driving was affected by the consumption of alcohol to the extent that the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle; 3. Evidence that there was eight-hundredths (0.08) of one percent (1%) or more by weight of alcohol in his blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxicating liquor; (Ord. No. 696, 12/4/01) 4. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood; and 5. To be admissible such evidence must first be qualified by establishing that such specimen was obtained from the subject within not more than two (2) hours of the arrest of the subject. State Law Reference: Similar provisions, 47 O.S. Section 756. SECTION 15-527 DRIVING UNDER THE INFLUENCE WHILE UNDER AGE Page 15-38 Traffic and Vehicles A. It is unlawful, and punishable as provided in subsection C of this section for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who: 1. Has any measurable quantity of alcohol in the person’s blood or breath at the time of a test administered within two (2) hours after an arrest of the person; 2. Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the person’s blood, breath, salvia, or urine in accordance with the provisions of Section 752 and 759 of Title 47 of the Oklahoma statutes; or, 3. Exhibits evidence of the combined influence of alcohol and any other intoxicating substance. (Ord. No. 550, 7/15/97) B. As used in this section, the term “other intoxicating substance” means any controlled dangerous substance as defined in the Uniformed Controlled Dangerous Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor function. (Ord. No. 550, 7/15/97) C. 1. Any person under twenty-one (21) years of age who violates the provisions of this section, shall upon conviction, be guilty of driving under the influence while under age. A violator shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of twenty (20) hours of community services, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service, or treatment. (Ord. No. 550, 7/15/97) 2. Any violator, upon a second or subsequent conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of forty (40) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service or treatment. (Ord. No. 550, 7/15/97) SECTION 15-528 ATTENTION TO DRIVING REQUIRED The operator of every vehicle while driving shall devote his full time and attention to such driving. (Ord. No. 550, 7/15/97) SECTION 15-529 SPEED CONTEST PROHIBITED A. No person shall engage in, aid or abet any motor vehicle speed contest or exhibition of speed on any street or highway. B. No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway. Page 15-39 Traffic and Vehicles C. When three (3) or more persons assemble to witness or participate in an unlawful speed contest such assembly is unlawful assembly and any person who participates in such unlawful assembly is guilty of an offense. (Ord. No. 550, 7/15/97) SECTION 15-530 PERMITS REQUIRED FOR PARADES AND PROCESSIONS No funeral, procession, or parade containing two hundred (200) or more persons or fifty (50) or more vehicles, except the military forces of the United States and the military forces of this state, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (Ord. No. 550, 7/15/97) State Law Reference: Local powers to regulate processions, 47 O.S. Section 15-102. SECTION 15-531 DRIVING THROUGH SAFETY ZONE No vehicle shall at any time be driven through or within a safety zone or island. (Ord. No. 550, 7/15/97) SECTION 15-532 STARTING PARKED VEHICLE. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. (Ord. No. 550, 7/15/97) SECTION 15-533 OPENING AND CLOSING VEHICLE DOORS 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; nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (Ord. No. 550, 7/15/97) State Law Reference: Similar provisions, 47 O.S. Section 11-1105. SECTION 15-534 OBSTRUCTIONS TO DRIVER'S VIEW OR DRIVING MECHANISM A. 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 (3), 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. B. 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. (Ord. No. 550, 7/15/97) SECTION 15-535 BOARDING OR ALIGHTING FROM VEHICLES No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. No. 550, 7/15/97) SECTION 15-536 UNLAWFUL RIDING Page 15-40 Traffic and Vehicles No person shall ride on any such vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. (Ord. No. 550, 7/15/97) SECTION 15-537 RAILROAD TRAINS NOT TO BLOCK STREETS It is unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching. This section shall not apply in case of engine failure or train accidents within the city limits. (Ord. No. 550, 7/15/97) SECTION 15-538 PRIVATE SERVICE DRIVES No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise. (Ord. No. 550, 7/15/97) SECTION 15-539 DESIGNATION OF TRUCK ROUTES A. The city manager, subject to any directions which the council may give by motion or resolution, may prescribe routes through the city for the use of trucks in general, trucks of particular kinds and/or other vehicles which are not ordinary private passenger vehicles, passing through the city. Appropriate and adequate signs shall be placed along such routes so that drivers of such vehicles may follow the routes. B. When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed, as provided above, while passing through the city, shall keep on such route and shall not deviate therefrom except in case of emergency. Drivers of such vehicles shall follow such routes so far as practicable also when driving within the city and not merely through the city. (Ord. No. 550, 7/15/97) SECTION 15-540 LOADS ON VEHICLES A. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway. B. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway. Any vehicle loaded with sand, cinders, or other loose material susceptible to blowing or escaping by reason of wind shall have the load covered or dampened so as to prevent the blowing or escaping of the load from the vehicle. (Ord. No. 550, 7/15/97; 981, 4/5/11) SECTION 15-541 VEHICLE APPROACHING OR ENTERING INTERSECTION A. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street or highway; provided that, the driver of a vehicle on a street which is not a state or federal highway approaching an Page 15-41 Traffic and Vehicles intersection with a state or federal highway shall stop and yield the right-of-way to a vehicle which has entered the intersection or which is so close thereto as to constitute an immediate hazard. B. When two (2) vehicles enter an intersection from different streets or highways 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 provided in Subsection A of this section. C. The right-of-way rule declared in Subsection A of this section is modified at through highways as otherwise stated in this chapter. (Ord. No. 550, 7/15/97) SECTION 15-542 VEHICLE TURNING LEFT AT INTERSECTION 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. After so yielding and having given signal when and as required by this code, the driver may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right- of-way to the vehicle making the left turn. (Ord. No. 550, 7/15/97) State Law Reference: Similar provisions, 47 O.S. Section 11-402. SECTION 15-543 VEHICLE APPROACHING A "YIELD RIGHT-OF-WAY" SIGN The driver of a vehicle approaching a "Yield Right-of-way" sign shall slow to a reasonable speed for existing conditions of traffic and visibility, yielding the right-of-way to all vehicles on the intersecting street or highway which have entered the intersection or which are so close as to constitute an immediate hazard. (Ord. No. 550, 7/15/97) State Law Reference: Similar provisions, 47 O.S. Section 11-403. SECTION 15-544 VEHICLE ENTERING THROUGH HIGHWAY Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle shall stop as required by this code at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard. (Ord. No. 550, 7/15/97) SECTION 15-545 VEHICLES FACING STOP, SLOW, WARNING OR CAUTION SIGNAL If two (2) or more vehicles face stop, slow, warning or caution signs or signals at an intersection and are approaching as to enter the intersection at the same time, the following rules shall apply: If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way. If each vehicle is required to slow, the vehicle coming from the right shall have the right-of-way. If each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way. If one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way. In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the intersection. (Ord. No. 550, 7/15/97) SECTION 15-546 THROUGH STREETS Page 15-42 Traffic and Vehicles A. The city council, by motion or resolution, may designate any street or part of a street a through street. B. Whenever the city council designates and describes a through street, the city manager shall have placed and maintained a stop sign, or yield sign if deemed more appropriate, shall be placed and maintained on every street intersecting a through street, or intersecting that portion thereof, unless traffic at such intersection is controlled at all times by traffic control signals. C. At the intersection of two (2) 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 the streets as may be determined by the city manager if deemed desirable. (Ord. No. 550, 7/15/97) SECTION 15-547 INTERSECTIONS WHERE STOP OR YIELD REQUIRED The city manager, subject to any directions given by the council by motion or resolution, is hereby authorized to determine and designate intersections upon other than through streets where particular hazards exist and to determine whether: 1. Vehicles shall stop at one or more entrances to any such stop intersection, in which event he shall cause to be erected a stop sign at every such place a stop is required; or 2. Vehicles shall yield the right-of-way to vehicles on a different street as provided in this code, in which event he shall cause to be erected a yield sign at every place where yield is required. (Ord. No. 550, 7/15/97) SECTION 15-548 STOP OR YIELD SIGN CONSTRUCTION AND PLACEMENT Every stop or yield sign erected pursuant to this chapter shall bear the word "Stop" or "Yield" in letters not less than eight (8) inches in height for a stop sign and not less than seven (7) inches in height for a yield sign. Every stop or yield sign shall at night be rendered luminous by steady or flashing internal illumination, by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop or yield sign shall be located as close as practicable to the nearest line of the crosswalk on the near side of the intersection or if there is no crosswalk, then the sign shall be located at the nearest line of the intersecting roadway. (Ord. No. 550, 7/15/97) SECTION 15-549 VEHICLE ENTERING STOP INTERSECTION Except when directed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line before entering the intersection. If there is no marked stop line, then the driver shall stop at the point nearest the intersecting road where the driver has a view of approaching traffic on an intersecting roadway before entering the intersection. A driver after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or road, or which is approaching so close as to constitute immediate hazard; but the driver having so yielded may then proceed and the driver of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding. (Ord. No. 550, 7/15/97) Page 15-43 Traffic and Vehicles SECTION 15-550 VEHICLE ENTERING YIELD INTERSECTION The driver of a vehicle approaching a yield sign shall, in observance to such sign, slow down to a speed reasonable for the existing condition or shall stop if necessary 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 road so closely as to constitute an immediate hazard. The driver having so yielded may then proceed and drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. A driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian at a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The provisions of this section shall not release the drivers of other vehicles approaching the intersection at such a distance as not to constitute immediate hazard from the duty to drive with due care to avoid a collision. 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 before entering the intersection; if there is no crosswalk, the driver shall stop at a clearly marked stop line, or if there is no stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (Ord. No. 550, 7/15/97) SECTION 15-551 VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY The driver of a vehicle about to enter, leave or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway. (Ord. No. 550, 7/15/97) State Law Reference: Similar provisions, 47 O.S. Section 11-404. SECTION 15-552 VEHICLES ENTERING TRAFFIC FROM PARKING Any vehicle attempting to re-enter traffic while parked at the curb shall yield the right-of-way to oncoming traffic in the street approaching from the rear. The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his intention of turning from the curb and into the line of traffic. The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists. (Ord. No. 550, 7/15/97) SECTION 15-553 EMERGING FROM THE ALLEY, DRIVEWAY, OR BUILDING The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alley way or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Ord. No. 550, 7/15/97) State Law Reference: Similar provisions, 47 O.S. Section 11-704. SECTION 15-554 STOP WHEN TRAFFIC OBSTRUCTED No driver shall enter an intersection or a marked cross walk unless there is sufficient space on the other side of the intersection or cross walk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Ord. No. 550, 7/15/97) Page 15-44 Traffic and Vehicles SECTION 15-555OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when: 1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; 2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; 3. A railroad train approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or 4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (Ord. No. 550, 7/15/97) SECTION 15-556CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and while so stopped, shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks. B. No stop need be made at any such crossing where a police officer or traffic control signal directs traffic to proceed. (Ord. No. 550, 7/15/97) SECTION 15-557 APPROACHING A STATIONARY EMERGENCY VEHICLE A. The driver of a motor vehicle, upon approaching a stationary emergency vehicle that is displaying a flashing combination of red and blue lights, or any combination of red and blue lights, shall: 1. If traveling on a highway that consists of two or more lanes that carry traffic in the same direction of travel as that of the driver, the driver shall proceed with due caution and shall, if possible and with due regard to the road, weather and traffic conditions, change lanes into a lane that is not adjacent to the stationary authorized emergency vehicle; or if the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed with due caution and reduce the speed of the motor Page 15-45 Traffic and Vehicles vehicle to a safe speed for the existing road, weather and traffic conditions; and 2. If traveling on a highway other than a highway described in paragraph (1) of this subsection, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather and traffic conditions. B. This section does not relieve the operator of a stationary authorized emergency vehicle from the consequences of reckless disregard for the safety of all persons and property upon the highway. (Ord. No. 851, 04/18/2006) (State Law Reference: Driver of a Motor Vehicle Approaching a Stationary Emergency Vehicle, 47 O. S. §11-314.) SECTION 15-558 TEXTING WHILE DRIVING A. It shall be unlawful for any person to operate a motor vehicle on any street or highway while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion. B. Any person who violates the provisions of subsection (A) of this section shall, upon conviction, be punished by a fine not to exceed that allowed by Oklahoma State Statutes. C. The provisions of subsection (A) of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation: 1. An emergency response operator; 2. A hospital, physician's office or health clinic; 3. A provider of ambulance services; 4. A provider of firefighting services; or 5. A law enforcement agency. D. For the purpose of this section: 1. "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones; 2. "Compose", "send" or "read" with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device; 3. "Electronic communication device" means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice- operated global positioning or navigation system that is affixed to a motor vehicle, or a Page 15-46 Traffic and Vehicles hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function; and 4. "Text message" includes a text-based message, instant message, electronic message, photo, video or electronic mail. (Ord. 1065, 12/15/2015) Page 15-47 Traffic and Vehicles CHAPTER 6 TRAFFIC CONTROL DEVICES Section 15-601 Authority to Install Traffic Control Devices Section 15-602 Traffic Control Devices; Uniform Requirements Section 15-603 Obedience to Official Traffic Control Devices Section 15-604 When Official Traffic Control Devices Required for Enforcement Purposes Section 15-605 Traffic Control Signal Legend Section 15-606 Pedestrians; Signal Indicators; Regulations Section 15-607 Flashing Signals Section 15-608 Unauthorized Traffic Control Devices Prohibited Section 15-609 Defacement of Traffic Control Devices Section 15-610 Play Streets, Authority to Establish Section 15-611 Play Streets, Restriction on Use Section 15-612 Designation of Crosswalks and Safety Zones Section 15-613 Traffic Lanes SECTION 15-601 AUTHORITY TO INSTALL TRAFFIC CONTROL DEVICES A. The city manager, subject to any directions which the council may give by motion or resolution, shall have placed and maintained 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 have placed and maintained such additional traffic control signs, signals, and 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. B. The city manager may have traffic control devices tested under actual conditions of traffic. State Law Reference: Traffic control devices, see 47 O.S. Sections 11-201 et seq. SECTION 15-602 TRAFFIC CONTROL DEVICES; UNIFORM REQUIREMENTS A. All traffic control signs, signals, and devices shall conform to the Manual of uniform traffic control devices approved by the State Department of Public Safety. B. All signs, signals, and devices required hereunder for a particular purpose shall so far as practicable be uniform as to type and relative location throughout the city. All traffic control devices erected and not inconsistent with the provisions of state law or this chapter shall be official traffic control devices. SECTION 15-603 OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this part. State Law Reference: Drivers to obey traffic devices, 47 O.S. Section 11-201. Page 15-48 Traffic and Vehicles SECTION 15-604 WHEN OFFICIAL TRAFFIC CONTROL DEVICES REQUIRED FOR ENFORCEMENT PURPOSES No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. SECTION 15-605 TRAFFIC CONTROL SIGNAL LEGEND A. The display of signal lights, arrows and words shall be deemed to have the following meanings and requires the appropriate response on the part of vehicular traffic and pedestrians: 1. Green alone, "go": a. Vehicular traffic facing the signal, except when prohibited, may proceed straight through or turn right or left unless an official sign at such place prohibits such turn, but any vehicle and any pedestrian lawfully within the intersection or adjacent crosswalk at the time the signal displays green shall have the right-of-way over such vehicular traffic; and b. Pedestrian traffic, facing a green signal may proceed across the roadway within any marked or unmarked crosswalk unless a "walk" signal indicator is operating; 2. Steady yellow or amber alone, "caution": a. The showing of such signal color following green shall constitute a warning that the "red" or "stop" signal will be exhibited immediately thereafter; and b. Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is so near the limit line when the "caution" signal first flashes that a stop cannot be made in safety, in which event vehicles may proceed cautiously through the intersection and clear the same before the "red" signal flashes; 3. Red alone, "stop": a.Vehicular traffic facing the signal shall stop before entering the crosswalk and shall remain standing until green or "go" is shown alone. Except where official signs are erected prohibiting such turns, vehicles in the right traffic lane, after making a full stop as required, may enter the intersection cautiously and make a right turn, but such vehicles shall yield the right-of-way to any pedestrians or other traffic in the intersection and the turn shall be made so as not to interfere in any way with traffic proceeding on a green signal indication on the cross street; and b. Pedestrians facing the signal shall not enter or cross the roadway when such movement interferes with traffic proceeding on a green signal indication on the cross street, or when the movement cannot be made in safety. No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone unless authorized to do so, by a pedestrian "walk" signal; Page 15-49 Traffic and Vehicles 4. Steady red with green arrow: a. Vehicular traffic facing such signal when in the proper traffic lane may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. If the movement indicated by the green arrow is a left turn, the left turn shall be made only on the red with green arrow signal; and b. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with vehicular traffic; 5. Green arrows alone. Whenever vehicular traffic movements are controlled by green arrows alone and not displayed with any other signal indication, vehicles facing such signals may make the movements indicated by the green arrows and the movements shall be made only when the green arrows are displayed. B. In the event 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. State Law Reference: Similar provisions, 47 O.S. Section 11-202. SECTION 15-606 PEDESTRIANS; SIGNAL INDICATORS; REGULATIONS Special pedestrian control signals exhibiting the words "walk", "wait" or "don't walk" shall regulate pedestrian movement as follows: l. "Walk". Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles; and 2. "Wait" or "don't walk". No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "Walk" signal shall proceed to a sidewalk or safety zone while the "Wait" signal is showing. SECTION 15-607 FLASHING SIGNALS A. Whenever an illuminated signal is flashing red or yellow, it shall require obedience by vehicular traffic as follows: l."Flashing Red". When a red light is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; and 2. "Flashing Yellow". When a yellow light is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection, or pass such signal only with caution. Page 15-50 Traffic and Vehicles B. This section shall not apply at railroad grade crossings. State Law Reference: Similar provisions 47 O.S. Section 11-204. SECTION 15-608 UNAUTHORIZED TRAFFIC CONTROL DEVICES PROHIBITED A. 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 any official traffic control device or any railroad sign or signal. B. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign, signal, or device bearing thereon any commercial advertising. C. This section shall not prohibit the erection upon private property adjacent to highways of signs giving useful directional information which are of a type that cannot be mistaken for official signs. D. Every prohibited sign, signal, marking or device may be removed without notice. State Law Reference: Similar provisions, 47 O.S. Section 11-206. SECTION 15-609 DEFACEMENT OF TRAFFIC CONTROL DEVICES A. No person shall without lawful authority attempt to or in fact alter, destroy, deface, molest, interfere, tamper, injure, knock down, remove or have in his possession any traffic control device or any railroad sign or signal or an inscription, shield or insignia thereon, or any part thereof. B. This section shall not apply to any of the following persons when acting within the scope and duty of their employment: 1. Any officer, agent, independent contractor, employee, servant or trustee of any governmental agency; or 2. Any officer, agent independent contractor, employee, servant or trustee of any contractor, public utility or railroad company. State Law Reference: Similar provisions, 47 O.S. Section 11-207. SECTION 15-610 PLAY STREETS, AUTHORITY TO ESTABLISH The city manager, subject to any directions which the council may give, shall have authority to declare any street or part thereof a play street and to have placed appropriate signs or devices in the roadway indicating and helping to protect the same. SECTION 15-611 PLAY STREETS, RESTRICTION ON USE Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles Page 15-51 Traffic and Vehicles having business or whose residences are within such closed area; and then any such driver shall exercise the greatest care in driving upon any such street or portion thereof. SECTION 15-612 DESIGNATION OF CROSSWALKS AND SAFETY ZONES The city manager, subject to any directions which the council may give, may: l. Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary; and 2. Establish safety zones or islands of such kind and character and at such places as he may deem necessary for the protection of pedestrians. SECTION 15-613 TRAFFIC LANES A. The city manager, subject to any directions which the council may give, may be authorized to have traffic lanes marked upon the roadway of any street where a regular alignment of traffic is necessary. B. Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement or otherwise authorized by ordinance. State Law Reference: Similar provisions, 47 O.S. Section 11-309. Page 15-52 Traffic and Vehicles CHAPTER 7 STOPPING, STANDING AND PARKING GENERALLY Section 15-701 Illegal Parking Declared Public Nuisance Section 15-702 Application of Standing or Parking Regulations Section 15-703 Parking Time Limits May be Established, Signs Section 15-704 Parking More Than Forty-Eight (48) Hours Section 15-705 Brakes; Motor Not to be Left Running; Unattended Vehicles Section 15-706 Signs or Markings Indicating Angle Parking Section 15-707 Obedience to Angle Parking Signs or Markings Section 15-708 Parking in Spaces Marked Off Section 15-709 Permits for Loading or Unloading at an Angle to the Curb Section 15-710 Hazardous or Congested Places; Stopping, Standing, Parking Section 15-711 Stopping, Standing or Parking Prohibited in Specified Places Section 15-712 Blocking of Intersection or Crosswalk Prohibited Section 15-713 Standing or Parking on One-Way Roadway Section 15-714 Standing or Parking on Left Side of On-Way Streets Section 15-715 Parking Prohibited at Intersections Section 15-716 Parking in Alleys, Blocking Driveways Section 15-717 Entry on Private Property; Trespass; Evidence; Burden of Proof Section 15-718 Parking of Certain Commercial Vehicles on Public Streets in Residential and Commercial Areas Section 15-719 Handicapped Parking Section 15-720 Parking for Certain Purposes Prohibited Section 15-721 Method of Parking, Standing or Parking Close to Curb Section 15-722 Parking Permits Section 15-723 Negligent Parking Section 15-724 Right-of-Way to Parallel Parking Space Section 15-725 Parking Time Limited Section 15-726 Fire Lanes SECTION 15-701 ILLEGAL PARKING DECLARED PUBLIC NUISANCE Any vehicle in violation of any regulation contained in this chapter governing, limiting or prohibiting the parking or standing of a vehicle on any street or public thoroughfare is hereby declared to constitute a public nuisance, and each separate traffic citation issued as authorized herein for such violation shall constitute a separate notice thereof to the owner or operator of such vehicle. SECTION 15-702 APPLICATION OF STANDING OR PARKING REGULATIONS The provisions of this chapter shall not be applicable when it is necessary for a vehicle to stop to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. SECTION 15-703 PARKING TIME LIMITS MAY BE ESTABLISHED, SIGNS The city manager, subject to any directions which the council may give by motion or resolution, may establish parking time limits or prohibit parking on designated streets or parts of streets and have appropriate signs placed on the streets. When the signs are in place, it is unlawful for any person to park a vehicle in violation of the sign. No such time limits shall be effective unless a sign is erected and in place at the time of the alleged violation. All parking Page 15-53 Traffic and Vehicles limit regulations unless otherwise provided shall be in force and effect between the hours of 8:00 A.M. and 6:00 P.M. except Sundays and legal holidays. SECTION 15-704 PARKING MORE THAN FORTY-EIGHT (48) HOURS No person shall park a vehicle on any street for a period of time longer than forty-eight (48) hours. This Section shall not affect parking limits established for shorter periods. Trailers (as defined in Section 15-103) shall not be allowed to park on public streets for any period of time. (Ord No. 1036, 9/2/2014) SECTION 15-705 BRAKES; MOTOR NOT TO BE LEFT RUNNING, UNATTENDED VEHICLES The person driving or in charge of a motor vehicle shall not permit it to stand unattended without first stopping the engine and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the street. SECTION 15-706 SIGNS OR MARKINGS INDICATING ANGLE PARKING The city manager, subject to any directions which the council may give by motion or resolution, shall determine upon what streets and parts of streets angle parking shall be permitted and shall have such streets marked or signed; provided, however, that angle parking shall not be permitted on any federal aid or state highway, unless the state department of highways has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. State Law Reference: Similar provisions, 47 O.S. Section 11-1004(c). SECTION 15-707 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS On those streets which have been so signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. SECTION 15-708 PARKING IN SPACES MARKED OFF In an area where parking spaces have been marked off on the surface of the street, a driver parking a vehicle shall park it within a parking space as thus marked off, and not on or over a line delimiting a space. SECTION 15-709 PERMITS FOR LOADING OR UNLOADING AT AN ANGLE TO THE CURB A. The city manager is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein. The city manager may revoke such permits at any time. B. It is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. SECTION 15-710 HAZARDOUS OR CONGESTED PLACES; STOPPING, STANDING, PARKING Page 15-54 Traffic and Vehicles A. The city manager is hereby authorized to determine and regulate by proper signs the stopping, standing, or parking of vehicles when such stopping, standing or parking 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 Subsection A of this section, no person shall violate such signs. SECTION 15-711 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES A. No person shall stop, stand, or park a vehicle, except in emergencies or when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device in any of the following places: 1. On or over a sidewalk, sidewalk area, or between the sidewalk and the street; 2. In front of or across a public or private driveway; 3. Within an intersection; 4. Within fifteen (15) feet of a fire hydrant except in a parking space officially marked; 5. On or over a crosswalk; 6. Within twenty (20) feet of a crosswalk at an intersection; 7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway; 8. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length has been indicated by signs or markings; 9. Within fifty (50) feet of the nearest rail of a railroad crossing; 10. Within twenty (20) feet of the driveway entrance to any fire station, and on the side of street opposite the entrance to any fire station within seventy-five (75) feet of the entrance when properly signposted; 11. Alongside or opposite any street excavation or construction when stopping, standing, or parking would obstruct traffic; 12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 13. Upon any bridge or overpass or other elevated structure upon a highway or within a highway tunnel, or on any underpass; 14. At any place where official signs prohibit stopping; 15. In front of or at the exit of any theater or public building while people are congregating inside, or in front of any public building of three (3) or more stories in height; or Page 15-55 Traffic and Vehicles 16. On the grounds of any public park except where permitted by official signs. B. No person shall move a vehicle not lawfully under his control into any prohibited area or an unlawful distance away from a curb. State Law Reference: Similar provisions, 47 O.S. Section 11-1003. SECTION 15-712 BLOCKING OF INTERSECTION OR CROSSWALK PROHIBITED 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 vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. SECTION 15-713 STANDING OR PARKING ON ONE-WAY ROADWAY A. If a highway includes two (2) or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left- hand side of the one-way roadway unless signs are erected to permit such standing or parking. B. The city manager, subject to any directions which the council may give by motion or resolution, may determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway and to erect signs giving notice thereof. SECTION 15-714 STANDING OR PARKING ON LEFT SIDE OF ONE-WAY STREETS The city manager may have signs erected upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no person shall stand or park a vehicle in violation of any such signs. SECTION 15-715 PARKING PROHIBITED AT INTERSECTIONS The parking of vehicles at the curb where streets intersect shall be prohibited fifteen (15) feet in advance of the crosswalk on the near side of such intersection. SECTION 15-716 PARKING IN ALLEYS, BLOCKING DRIVEWAYS No person, other than the operator of a U.S. Postal Service Vehicle engaged in collecting or delivering U.S. Mail, shall park a vehicle within a street or alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic. No person shall stop, stand or park a vehicle within a street or alley in such position as to block a driveway entrance to any abutting property. No person shall park or stand a vehicle in any alley except while actually engaged in loading or unloading passengers or freight. SECTION 15-717 ENTRY ON PRIVATE PROPERTY; TRESPASS; EVIDENCE; BURDEN OF PROOF A. No person shall make an entry with any vehicle upon real property owned or legally occupied by another without the owner's or occupant's consent except where such private property is provided as public parking and the general use of the property is not restricted by signs or proper markings. B. Where entry is made upon real property owned or legally occupied by another without the owner's or occupant's consent, except on unrestricted public parking, and is Page 15-56 Traffic and Vehicles complained of by the owner or legal occupant of the premises, the burden is put upon the person making the entry to show that permission for such entry was given. SECTION 15-718 PARKING OF CERTAIN VEHICLES AND TRAILERS ON PUBLIC STREETS IN RESIDENTIAL AND COMMERCIAL AREAS A. No person shall park any vehicle, other than vehicles of three-quarter (3/4) ton classification or lighter, on any residential street, unless in the process of loading or unloading. B. No person shall park a commercial vehicle at any time opposite another vehicle on a street thirty-six (36) feet or less in width. The term "street" as used herein, shall mean the entire width between the curbs or every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. C. No person shall park any trailer on any public street, easement or right-of-way for any period of time. This shall not refer to trailers that are attached to appropriate vehicles with a legal trailer hitch and proper towing or hauling system. At no time shall any vehicle or trailer attached to said vehicle block any intersection, driveway, mailbox, sidewalk or other public access. (Ord. No. 575, 4/21/98; Ord No. 1036 9/2/14) SECTION 15-719 HANDICAPPED PARKING A. It is unlawful for any person to place or park a motor vehicle in any parking space on private property accessible to the public and where the public is invited or public property that is posted as a reserved area for parking of motor vehicles of a physically disabled person unless such is eligible for a detachable insignia or reflective insignia as a physically disabled person under the provisions of Sections 15-112 or 149.3 of Title 47 of the Oklahoma Statutes, and such insignias are displayed as provided in Sections 15-112 or 149.4 of Title 47 of the Oklahoma Statutes or regulations adopted pursuant thereto. (Ord. No. 575, 4/21/98) B. In addition to penalty, any person violating this section shall pay any and all reasonable and necessary charges incurred by the landowner or other person in having any motor vehicle removed from the property and stored. (Ord. No. 322, 10/5/82) SECTION 15-720 PARKING FOR CERTAIN PURPOSES PROHIBITED No person shall park a vehicle upon any roadway for the purpose of: 1. Displaying the vehicle for sale; 2. Displaying advertising or displaying merchandise or other things for sale or selling merchandise or other things; or 3. Washing, cleaning, or repairing the vehicle, except for repairs necessitated by an emergency. SECTION 15-721 METHOD OF PARKING, STANDING OR PARKING CLOSE TO CURB A. Except as otherwise provided in this chapter, every vehicle stopped or parked upon a roadway where there are adjacent curbs, shall be so stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb. Any Page 15-57 Traffic and Vehicles vehicle stopped or parked upon the left-hand side of a one-way street where there are adjacent curbs shall be parked or stopped with the left-hand wheels parallel to and within eighteen (18) inches of the left-hand curb. B. Commercial vehicles shall be parked parallel in all areas unless otherwise authorized by the chief of police. C. Drivers or passengers of vehicles parked on the street shall enter and exit from the side of the vehicle nearest the edge or roadside of the curb. D. Drivers or passengers of vehicles parked on a public street shall not open doors of the vehicles on the traffic side. E. No vehicle shall be parked nearer than three (3) feet to the rear or front of another parked vehicle, except where parking lines or other measurements are marked in parking zones. F. Every driver desiring to enter a parking space being vacated shall stop his vehicle and wait to the rear of the other vehicle in the actual process of vacating the parking space and having so waited shall have prior right to the parking space over all other drivers. G. It is unlawful for any driver to wait in his vehicle ahead of a parking space being vacated, or to attempt to interfere with one who has waited properly at the rear of a parking space being vacated. H. No driver shall stop and wait for a parking space unless the vehicle vacating the space is in motion in the process of vacating. I. Every driver desiring to enter a vacant parking space shall stop his vehicle immediately in back of and parallel to the space then drive into it. It is unlawful for any other driver to drive his vehicle into the space, block, or interfere in any way with the driver while he is preparing to drive into the space. State Law Reference: Parking rules, 47 O.S. Section 11-1004. SECTION 15-722 PARKING PERMITS The city manager shall have authority to issue parking permits for passenger cars in the following instances: 1. Totally disabled veterans provided such disability occurred in the line of duty, and the permit is to be used by the veteran himself; 2. To employees of the federal, state and city government, provided such are necessary for the public good and are limited to not over thirty (30) minutes of such emergency parking in alleys or in other areas; and 3. To field reporters and photographers of duly recognized newspapers and news agencies assigned to emergency news coverage, provided that the use of permits will be limited to use in such emergencies, and further provided that no newspaper or news agency shall be allowed to have more than ten (10) such permits. SECTION 15-723 NEGLIGENT PARKING Page 15-58 Traffic and Vehicles No person shall park, cause to be parked, stop or leave unattended any vehicle as follows: 1. In a careless or negligent manner; 2. In such a manner as to endanger life, limb, person, or property; or 3. In such manner as to endanger or interfere with the lawful traffic or use of the streets. SECTION 15-724 RIGHT-OF-WAY TO PARALLEL PARKING SPACE A. The driver of any vehicle intending to occupy a parallel parking space where a backing movement is necessary and which is being vacated by another vehicle shall stop his vehicle to the rear of the parking space until the vacating vehicle has cleared and entered normal traffic. He then shall be deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein. B. The first of two (2) or more vehicles to reach the rear boundary of an unoccupied parallel parking space where a backing movement is necessary to occupy, shall be deemed to have the right-of-way to such parking space. (Prior Code, Chapter 20) SECTION 15-725 PARKING TIME LIMITED A. No person shall park a vehicle longer than the period designated upon the official signs at any designated time or place or any day except Sundays and legal holidays. B. No person shall park a vehicle in the street in front of a business establishment while such establishment is open for business in excess of one hour unless official signs designate otherwise. C. No person shall move his vehicle in any manner or leave a parking space and then re-enter it to avoid the intent of this chapter. D. No person shall park a vehicle on the private property of another without the consent of the owner of the property, his agent or tenant. Any unoccupied vehicle parked in violation of this chapter may upon complaint of the property owner, his agent, or tenant, be removed and impounded by the police. E. No vehicle driver shall exchange parking spaces with another vehicle driver within the same block to avoid the intent of this chapter. (Prior Code, Chapter 20) SECTION 15-726 FIRE LANES A.Fire Lanes on Public and Private Property 1.Fire Lane Markings – Fire lanes shall be designated on all sides by painted curbs, signs, or stripes, or by combination of these as approved by the Fire Marshall. 2. Parking of motor vehicles in fire lanes or otherwise obstructing fire lanes shall be prohibited at all times. Exception: Emergency vehicles during emergency situations or operations. Page 15-59 Traffic and Vehicles 3.Parking of motor vehicles in fire lanes, or otherwise obstructing fire lanes, on public or private property shall be prohibited at all times. 4.Fire lanes and driveways shall be located so that all buildings served by them are accessible to fire equipment. 5.Access During Construction – The contractor or person in charge of any construction site for commercial, industrial, mercantile, educational, institutional, assembly, hotel, motel, multi-family dwelling, mobile home park, or any other commercial occupancy whose structures total more than 4,000 square feet shall provide and maintain fire lanes as shown on approved site plans. Fire lanes shall be constructed of asphalt, concrete, or other alternative pre-approved by the Fire Marshall and sufficient to support fire apparatus. 6.Fire lanes shall be not less than 20 feet unobstructed width and a minimum vertical clearance of 14 feet. An approved temporary fire access lane shall be in place prior to any above-slab construction or storage of combustible materials on site. 7.The Fire Department and the Police Department shall have the authority at any time to enter property to enforce the provisions of this section. B.Enforcement The Fire Department and the Police Department shall have the following powers and duties: 1.To enforce parking regulations in those areas properly designated and marked as a fire lane. 2.To issue citations for vehicles improperly parked in fire lanes. The citation shall contain the time, date, vehicle tag number, year and color of the vehicle. The Fire Marshal or Police Officer shall conspicuously affix a copy of the citation to the vehicle. The citation shall be on a form provided by the City. 3.The said citation shall be filed with the Municipal Court within three days after issuing the citation. (Ord. No. 834, 12/20/05) Page 15-60 Traffic and Vehicles CHAPTER 8 LOADING Section 15-801 Definitions Section 15-802 Curb Loading Zones, Designation Section 15-803 Loading Zones to be Used Only for Designated Purpose Section 15-804 Stopping, Standing or Parking in Passenger Curb Loading Zone Section 15-805 Stopping, Standing or Parking in Freight Curb Loading Zone Section 15-806 Designation of Public Carrier Stops and Stands Section 15-807 Use of Bus and Taxicab Stands Restricted Section 15-808 Stopping, Standing and Parking of Buses and Taxis SECTION l5-801 DEFINITIONS As used in this chapter: 1. "Freight loading zones" mean all curb loading zones authorized and regularly used exclusively for the loading and unloading of merchandise for storage, trade, shipment or re- sale; 2. "Commercial vehicle" means: a. A truck designated for delivery purposes with the name of the owner or his business painted on both sides of the vehicle, regularly used during normal business hours for the delivery and handling of merchandise or freight and which bears a regular state commercial license tag; and b. A passenger vehicle used regularly and actually engaged during normal business hours in the delivery and handling of merchandise or freight, and which bears a special numbered license plate issued by the city at the rear of the vehicle attached to the state license plate together with an identically numbered decal, issued vehicle; and 3. "Passenger loading zones" mean all loading zones authorized and used regularly and exclusively for the loading and unloading of passengers except bus stops, taxicab stands, and stands for other passenger common carrier vehicles. SECTION 15-802 CURB LOADING ZONES, DESIGNATION A. The city manager, subject to any directions which the council may give by motion or resolution, may determine the location of passenger and freight curb loading zones and shall have placed and maintained appropriate signs indicating the zones and stating the hours during which the provisions of this section are applicable. By the same authority such zones may be changed or discontinued. B. No person shall stand or park a vehicle in violation of signs erected in accordance with this section. C. If any loading zone is established on request of any person, the signs shall not be placed until the applicant pays to the city an amount of money estimated by the city council to be adequate to reimburse the city for all costs of establishing and signing the same. Page 15-61 Traffic and Vehicles SECTION 15-803 LOADING ZONES TO BE USED ONLY FOR DESIGNATED PURPOSE No curb loading zone authorized and established as a passenger loading zone shall be used as a freight loading zone, and no freight loading zone shall be used as a passenger loading zone except as may be specifically provided by law. SECTION 15-804 STOPPING, STANDING OR PARKING IN PASSENGER CURB LOADING ZONE No person, other than the operator of a U.S. Postal vehicle engaged in collecting or delivering U.S. Mail, shall stop, stand, or park a vehicle in a passenger curb loading zone for any purpose or period of time other than for the expeditious loading or unloading of passengers, during the hours when the regulations applicable to such curb loading zones are effective, and then only for a period not to exceed three (3) minutes. SECTION 15-805 STOPPING, STANDING OR PARKING IN FREIGHT CURB LOADING ZONE A. No person, other than the operator of a U.S. Postal vehicle engaged in collecting or delivering U.S. Mail, shall stop, stand, or park a vehicle in a commercial curb loading zone for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes. Vehicles using any commercial loading zone are subject to the licensing requirements and regulations provided by this chapter. B. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any commercial vehicle which is waiting to enter the zone. (Prior Code, Chapter 20) SECTION 15-806 DESIGNATION OF PUBLIC CARRIER STOPS AND STANDS The city manager, subject to any directions which the council may give by motion or resolution, 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. Every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs. By the same authority, such stops and stands may be changed or discontinued. SECTION 15-807 USE OF BUS AND TAXICAB STANDS RESTRICTED No person, other than the operator of a U.S. Postal vehicle engaged in collecting or delivering U.S. Mail, 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 the appropriate signs are in place. 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 the zone. ) SECTION 15-808 STOPPING, STANDING AND PARKING OF BUSES AND TAXIS Page 15-62 Traffic and Vehicles A. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein. B. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage except in loading areas designated as provided herein, except in case of an emergency. C. The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not further than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. D. The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. (Prior Code, Chapter 20) Page 15-63 Traffic and Vehicles CHAPTER 9 TURNING MOVEMENTS Section 15-901 Turning Markers or Indicators Section 15-902 Designation of Restricted Turns Section 15-903 U-Turns Section 15-904 Position and Method of Turning Section 15-905 Turning Movements and Required Signals Section 15-906 Means of Giving Turn Signals Section 15-907 Method of Giving Hand and Arm Signals. Section 15-908 Turns Into or From Alleys SECTION 15-901 TURNING MARKERS OR INDICATORS A. The city manager, subject to any directions which the council may give by motion or resolution, is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The course to be traveled, as so indicated, may conform to or be other than as prescribed by law. B. When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications. SECTION 15-902 DESIGNATION OF RESTRICTED TURNS A. The city manager, subject to any directions which the council may give by motion or resolution, is hereby authorized to determine those street intersections at which drivers of vehicles shall not make right, left or U-turns, and shall have proper signs placed at the intersections. The making of the turns may be prohibited between certain hours of any day and permitted at other hours. Where turns are restricted during certain hours pursuant to this section, the same shall be plainly indicated on the signs, or they may be removed when turns are permitted. B. Whenever authorized signs are erected indicating that no right, left or U-turn is permitted, the driver of a vehicle shall not disobey the directions of any such sign. SECTION 15-903 U-TURNS A. The driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in the city at the following locations: 1. At intersections controlled by traffic control devices or signals unless such turns are specifically authorized; 2. Where a police officer is directing traffic except at the latter's direction; or 3. At any other location where an official "No-U-Turn" has been placed and is maintained. B. A U-turn may be made only when it can be made in safety and without interfering with other traffic. No person shall make a U-turn except in the following manner: Page 15-64 Traffic and Vehicles 1. By approaching the intersection as closely as practical to the right curb or edge of the roadway, the driver giving and continuing to give a signal for a left turn until the turn is completed, proceeding to make the turn across the intersection; 2. In one continuous movement without stopping or backing the vehicle; 3. By yielding the right-of-way at all times to all vehicles until such turn is completed; 4. Without constituting a hazard to or interfering with any other vehicle. SECTION 15-904 POSITION AND METHOD OF TURNING The driver of a vehicle intending to turn at an intersection shall do as follows: 1. Right turns. Both the approach for a right turn and the execution of a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; 2. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, the approach for a left turn shall be made in that portion of the right half of the street nearest the center thereof by passing to the right of the center line where it enters the intersection. After entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center of the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection; and 3. Left turns, on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. After entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon roadway being entered. State Law Reference: Similar provisions, 47 O.S. Section 11-601. SECTION 15-905 TURNING MOVEMENTS AND REQUIRED SIGNALS A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 15-904 of this code, 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. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided. B. A signal of intention to turn right or left, slow or stop when required, shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning or stopping. C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give the signal. Page 15-65 Traffic and Vehicles State Law Reference: Similar provisions, 47 O.S. Section 11-604. SECTION 15-906 MEANS OF GIVING TURN SIGNALS A. Any stop or turn signal when required herein shall be given either by means of hand or arm, or by a signal lamp or lamps, or mechanical device of a type approved by the Oklahoma Department of Public Safety, except as provided in Subsection B of this section. B. A vehicle shall be equipped with, and the required signal given by, signal lamps or devices when: 1. The body or cab of a vehicle or the load of any vehicle projects twenty-four (24) inches or more to the left of the center of the steering wheel; 2. Under any condition where a hand and arm signal would not be visible both to the front and rear of the vehicle; or 3. The rear limit of the body of a vehicle or the load of any vehicle projects fourteen (14) feet or more beyond the center top of the steering post. SECTION 15-907 METHOD OF GIVING HAND AND ARM SIGNALS All signals herein required 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: 1. Left turn - hand and arm extended horizontally; 2. Right turn - hand and arm extended upward; and 3. Stop or decrease speed - hand and arm extended downward with palm to the rear. SECTION 15-908 TURNS INTO OR FROM ALLEYS A. No vehicles shall turn left when proceeding into or proceeding out of an alley except when necessary to enter a one-way street, and no vehicle shall cross any street or highway when proceeding into or proceeding out of any alley except as provided in Subsection B of this section. B. Left turns may be made when proceeding out of an alley if a traffic survey conducted by the traffic engineer shows that such turn may be made safely and official signs are erected authorizing such turns. C. The foregoing provisions of this section shall not apply to bus terminals used by licensed and authorized bus lines. Page 15-66 Traffic and Vehicles CHAPTER 10 PEDESTRIANS Section 15-1001 Pedestrians Subject to Traffic Control Signals Section 15-1002 Pedestrians' Right-of-Way at Crosswalks Section 15-1003 Pedestrians to Use Right Half of Crosswalk Section 15-1004 Crossing at Right Angles Section 15-1005 When Pedestrians Shall Yield Section 15-1006 Pedestrians Walking Along Roadways Section 15-1007 Pedestrians Prohibited from Soliciting Rides, Business or Donations from Vehicle Occupants Section 15-1008 Drivers to Exercise Due Care Section 15-1009 Crossing Prohibited Section 15-1010 Obedience of Pedestrians to Railroad Signals SECTION 15-1001 PEDESTRIANS SUBJECT TO TRAFFIC CONTROL SIGNALS Pedestrians are subject to traffic control signals as provided for in this code of ordinances, but at all other places pedestrians are granted those rights and are subject to the restrictions stated in this chapter. State Law Reference: Pedestrian rights and duties, 47 O.S. Sections 11-501 to 11- 507. SECTION 15-1002 PEDESTRIANS' RIGHT-OF-WAY AT CROSSWALKS A. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way slowing down or stopping, if need be, to so yield to a pedestrian crossing the roadway within a crosswalk when: 1. The pedestrian is upon the half of the roadway upon which the vehicle is traveling; or 2. The pedestrian is approaching so closely from the opposite edge of the roadway as to be in danger. The provisions of this subsection are not applicable under conditions where pedestrians are required to yield pursuant to this chapter. B. No pedestrian shall suddenly leave a curb or other place of safety or walk or run into the path of the vehicle which is so close that it is impossible for the driver to yield. C. Whenever any vehicle is stopped at a marked crosswalk, or any unmarked crosswalk, or at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake to pass such stopped vehicle. SECTION 15-1003 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK Pedestrians, when crossing the street at a crosswalk, shall move, whenever practicable, upon the right half of the crosswalk. SECTION 15-1004 CROSSING AT RIGHT ANGLES Page 15-67 Traffic and Vehicles No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk. SECTION 15-1005 WHEN PEDESTRIANS SHALL YIELD A. Every pedestrian crossing a roadway at any point other than within a marked or unmarked crosswalk at any intersection shall yield the right-of-way to all vehicles upon the roadway. B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway. C. The provisions of this section are not applicable where pedestrian crossings are prohibited. SECTION 15-1006 PEDESTRIANS WALKING ALONG ROADWAYS A. Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent roadway. B. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practical, walk only on the left side of the roadway, or its shoulder, facing traffic which may approach from the opposite direction, and shall yield to approaching vehicles. SECTION 15-1007 PEDESTRIANS PROHIBITED FROM SOLICITING RIDES, BUSINESS OR DONATIONS FROM VEHICLE OCCUPANTS A. No person shall stand in a roadway for purpose of soliciting a ride, donations, employment or business from the occupant of any vehicle. B. No person shall: 1. Stand in any street, roadway or park and stop or attempt to stop and engage any person in any vehicle for the purpose of soliciting contributions or the watching or guarding of any vehicle while parked or about to be parked on a street; 2. Sell or attempt to sell anything to any person in any vehicle; 3. Hand or attempt to hand to any person in any vehicle any circular, advertisement, handbill or any political campaign literature, or any sample, souvenir or gift; or 4. In any other manner, while standing in the street or roadway, attempt to interfere with the normal flow of traffic for any other similar purpose. SECTION 15-1008 DRIVERS TO EXERCISE DUE CARE Notwithstanding the foregoing provisions of this chapter, every driver shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person on the roadway. Page 15-68 Traffic and Vehicles SECTION 15-1009 CROSSING PROHIBITED Between adjacent intersections, at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk. Pedestrians shall not cross any divided highway having a median in the center thereof, except in a crosswalk. SECTION 15-1010 OBEDIENCE OF PEDESTRIANS TO RAILROAD SIGNALS No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. Page 15-69 Traffic and Vehicles CHAPTER 11 BICYCLES Section 15-1101 Application of Bicycle Regulations Section 15-1102 Application of Traffic Laws to Bicycles Section 15-1103 Obedience to Traffic Control Devices Section 15-1104 Riding on Bicycles Section 15-1105 Riding on Roadways and Bicycle Paths Section 15-1106 Speed of Bicycle Section 15-1107 Emerging from Alley or Driveway Section 15-1108 Carrying Articles Section 15-1109 Parking Section 15-1110 Riding on Sidewalks Section 15-1111 Lamps and Equipment on Bicycles Section 15-1112 Impoundment of Bicycles SECTION 15-1101 APPLICATION OF BICYCLE REGULATIONS The provisions of this chapter shall apply whenever a bicycle is operated upon any street or upon any public way; or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter. State Law Reference: Bicycle rules, 47 O.S. Sections 11-1201 et seq. SECTION 15-1102 APPLICATION OF TRAFFIC LAWS TO BICYCLES Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of this state and the traffic provisions of this code applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and ordinances which by their nature are inapplicable to such persons. SECTION 15-1103 OBEDIENCE TO TRAFFIC CONTROL DEVICES A. Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles unless otherwise directed by a police officer. B. Whenever authorized signs are erected indicating no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of such sign, except where such person dismounts from the bicycle to make any such turn, in which event, such person shall then obey the regulations applicable to the pedestrians. SECTION 15-1104 RIDING ON BICYCLES A. No person operating a bicycle shall ride other than astride a permanent and regular seat attached thereto. B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. Page 15-70 Traffic and Vehicles SECTION 15-1105 RIDING ON ROADWAYS AND BICYCLE PATHS A. Every person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or a vehicle proceeding in the same direction. B. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. C. If usable paths for bicycles are provided adjacent to a roadway, bicycle riders shall use such paths and shall not use the roadway. SECTION 15-1106 SPEED OF BICYCLE No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. SECTION 15-1107 EMERGING FROM ALLEY OR DRIVEWAY The operator of a bicycle emerging from an alley or driveway shall, upon approaching a sidewalk or sidewalk area extending across the alley or driveway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area. Upon entering the roadway, the bicycle operator shall yield the right-of-way to all vehicles approaching on the roadways. SECTION 15-1108 CARRYING ARTICLES No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand on the handle bars. SECTION 15-1109 PARKING No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against the building or at the curb in such a manner as to afford the least obstruction to pedestrian traffic. SECTION 15-1110 RIDING ON SIDEWALKS A. No person shall ride a bicycle upon a sidewalk within a business district. B. The city manager is authorized to have erected signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person; and when such signs are in place, no person shall disobey the same. C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. SECTION 15-1111 LAMPS AND EQUIPMENT ON BICYCLES A. Bicycles in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type which shall be visible from fifty (50) feet to three hundred Page 15-71 Traffic and Vehicles (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. B. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of a least one hundred (100) feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle. C. Bicycles shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. SECTION 15-1112 IMPOUNDMENT OF BICYCLES Whenever any person violates any provision of this chapter, in addition to any other penalty prescribed for such violation, his bicycle may be impounded for a period not to exceed ten (10) days. Page 15-72 Traffic and Vehicles CHAPTER 12 MOTOR VEHICLE ESCORT GUIDES Section 15-1200 Duties and Authority of Motor Vehicle Escort Guides and Agencies Section 15-1201 Escort Guides - Uniforms and Equipment Requirements and Limitations Section 15-1202 Equipment Requirements for Escort Vehicles Section 15-1203 Advertisements - Limitations Section 15-1204 Functions, Powers and Duties of the Police Department Section 15-1205 Escorts Required Section 15-1206 Funerals - Driving Section 15-1207 Parades Section 15-1208 Driving Through Procession Section 15-1209 Penalty Section 15-1210 Funeral Parking Meter Hoods SECTION 15-1200 DUTIES AND AUTHORITY OF MOTOR VEHICLE ESCORT GUIDES AND AGENCIES A.Motor vehicle escort guides are hereby authorized to: 1.Lead funeral corteges; it shall be the motor vehicle escort guide's duty to see that the headlights of every motor vehicle in the cortege are turned on; 2.Identify overlength, overwidth, overheight motor vehicles, mobile homes and buildings as defined in the Building Code of the City of Owasso; it shall be the motor vehicle escort guide's duty to see that such vehicle is properly marked as prescribed by the permit issued to move such vehicle; 3.Escort any overlength, overwidth, overheight motor vehicles, mobile homes, buildings or funeral cortege through stop signs or signalized intersections without stopping, provided such motor vehicle escort guide has rendered such intersection safe by reason of having stopped all traffic whose movement through such intersections would conflict with that of any vehicle or vehicles being escorted; and 4.Stop oncoming vehicles at intersections where such escorted vehicle or vehicles are making turns. B.Nothing herein excludes any motor vehicle escort guide or the driver of any vehicle being escorted from any part of this chapter that requires the operator of a motor vehicle to obey the directions given by any police officer or requires the operator of any motor vehicle to yield the right-of-way to emergency vehicles as defined herein. SECTION 15-1201 ESCORT GUIDES - UNIFORMS AND EQUIPMENT REQUIREMENTS AND LIMITATIONS A.No motor vehicle escort guide shall escort any funeral cortege unless he is wearing a uniform that has been approved by the Chief of Police of the City of Owasso for the use of the motor vehicle escort agency by which he is employed. B.No uniform is required for the escorting of overwidth, overlength, overheight vehicles, including mobile homes and buildings. Page 15-73 Traffic and Vehicles C.No motor vehicle escort guide shall have on or about his person or on or about his escort vehicle any of the following: 1.Any weapon declared to be unlawful by the Statutes of the State of Oklahoma; 2.Any badge or cap wreath that resembles the official police officer's badge or bears the words "Police" or "Officer"; 3.Any noncommissioned officer's bars or insignia denoting rank; or 4.Any holster, handcuff case, cartridge case or chemical weapon. SECTION 15-1202 EQUIPMENT REQUIREMENTS FOR ESCORT VEHICLES A.Motor vehicle escort guides, while actively engaged in furnishing an escort for funeral cortege, shall use either a two (2) wheeled or three (3) wheeled motorcycle. Such vehicle shall be equipped with two (2) lamps which display, when lighted, an amber light visible from directly in front of the center thereof for a distance of not less that five hundred (500) feet. Such lamps shall be no less than four (4) inches in diameter. B.Motor vehicle escort guides, while actively engaged in furnishing an escort for overwidth, overlength, overheight motor vehicles, including mobile homes and buildings, shall use a vehicle equipped with two (2) flashing amber lights of t least four (4) inches in diameter which shall be mounted so as to be visible, when lighted, for a distance of not less than five hundred (500) feet directly to the front of such vehicle; and two (2) flashing amber or red lights of at least four (4) inches in diameter which shall be mounted so as to be visible, when light, directly to the rear of such vehicle. In lieu of the foregoing lights, a single rotating amber light may be used, provided that such rotating light has a diameter of at least six (6) inches, has at least two (2) bulbs and is visible, when lighted, for a distance of not less that five hundred (500) feet in all directions. In addition to the above lights, each vehicle must be equipped with two (2) red flags, each sixteen inches square, mounted as high as practicable and spaced as widely as practicable. Each vehicle must also display any special signs or markings as is specified on the permit issued to authorize the movement of such special vehicles listed above. C.It shall be unlawful for the vehicles used in escorting to be equipped with sirens, decals, placards, signs and/or insignia which resemble official police insignia or bear the words "Police", "Official" or "Officer". No such vehicle shall display a red light to the front. D.Any motor vehicle used in performing escorts shall be subject to inspection at any time by the Chief of Police of the City of Owasso or his authorized representative. SECTION 15-1203 ADVERTISEMENTS - LIMITATIONS No person engaged in the business of furnishing motor vehicle escort guides shall distribute, present or give away any cards, handbills or printed matter of any kind which bear the words "Police", "Officer" or "Official", in conjunction with advertising an escorting agency; nor shall any advertisement state, imply or falsely represent that a motor vehicle escort is required by the City of Owasso. Page 15-74 Traffic and Vehicles SECTION 15-1204 FUNCTIONS, POWERS AND DUTIES OF THE POLICE DEPARTMENT With regard to all motor vehicle escort agencies, the Police Department shall have the following functions, powers and duties: A.To investigate qualifications for fitness of all applicants; B.To investigate and aid in the prosecution of all violations of this chapter and cooperate in the prosecution of offenders before any court having jurisdiction to hear the same; C.To inspect and approve or disapprove motor vehicle equipment used in making escorts; and D.To inspect and approve or disapprove the equipment and uniforms worn by any motor vehicle escort guide. SECTION 15-1205 ESCORTS REQUIRED A.Every funeral cortege consisting of more than four (4) motor vehicles shall have no less than two (2) motor vehicle escort guides; and it shall be the duty of the funeral director or person conducting each funeral to provide as many more motor vehicle escort guides as may be needed to control traffic at all intersections through which the procession is proceeding simultaneously. B.All overheight, overlength, overwidth motor vehicles as described by this chapter, including mobile homes and buildings, shall provide the number of motor vehicle escort guides as is stated on the permit issued for movement of such vehicles. SECTION 15-1206 FUNERALS - DRIVING Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practicable and shall follow the vehicle ahead as closely as practicable and safe. Funeral directors shall notify the Police Department of the time and destination of all funeral processions. SECTION 15-1207 PARADES No procession or parade containing three (3) or more vehicles, excepting funerals, shall proceed along any street except in accordance with the written permission of the City Council and such other regulations as are set forth herein. SECTION 15-1208 DRIVING THROUGH PROCESSION No driver of a vehicle shall drive between, alongside nor pass the vehicles comprising a funeral procession while it is in motion when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply to intersections where traffic is controlled by traffic- control signals or by police officers, nor shall the passing prohibited in this section apply to limited-access highways. Page 15-75 Traffic and Vehicles SECTION 15-1210 FUNERAL PARKING METER HOODS A.Licensed funeral directors may hood no more than four (4) parking meters without charge for the purpose of conducting funerals, provided that: 1.No suitable off-street parking is available for the parking of funeral vehicles. 2.The hoods are not placed on the meters more than five (5) hours prior to the time of the funeral; and 3.The hoods are removed immediately following the funeral. B.The Police Chief may order any funeral parking meter hood to be removed when he deems such removal to be in the interest of the public safety or convenience. (Ord. No. 625, 12/7/99) Page 15-76 Traffic and Vehicles CHAPTER 13 MOTORCYCLES Section 15-1301 Operator to Ride on Permanent Seat Section 15-1302 Carrying Passengers Section 15-1303 Head Gear for Operators and Riders Section 15-1304 Windshield; Goggles or Face Shield for Operator Section 15-1305 Maximum Height of Handlebars Section 15-1306 Rear View Mirrors Section 15-1307 Brakes Section 15-1308 Lights Generally Section 15-1309 Stop Lamp Section 15-1310 Speedometer Section 15-1311 Fenders Section 15-1312 Rider Not to Hold to Other Moving Vehicles Section 15-1313 Passing Other Vehicles Between Traffic Lanes Section 15-1314 Speed Limit Section 15-1315 Nighttime Driving of Scooters - REPEALED Section 15-1316 Racing Motors Section 15-1317 Ignition and Mechanical Adjustments Section 15-1318 Carrying Passengers Less Than Ten (10) Years of Age Prohibited Section 15-1319 Carrying Passengers on Lightweight Motorcycles Prohibited SECTION 15-1301 OPERATOR TO RIDE ON PERMANENT SEAT A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto. State Law Reference: Similar provisions, 47 O.S. 1971, Section 11-1103 SECTION 15-1302 CARRYING PASSENGERS No driver or operator of a motorcycle shall carry any other person on, upon or within such vehicle on any street or highway in the city; provided, however, that if any motorcycle with a wheel diameter of twelve (12) inches or greater shall have either a double seating device, with double foot rests, or a sidecar attachment for each person riding therein, so that such person shall be seated entirely within the body of such sidecar, then it shall be permissible for an operator who has attained the age of sixteen (16) years or older to carry a passenger. A demonstration ride by a licensed dealer or his employee is excepted from the provisions of this section. ( State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-103. SECTION 15-1303 HEAD GEAR FOR OPERATORS AND RIDERS No person under eighteen (18) years of age shall operate or ride upon any motorcycle on any street unless such person is equipped with and wearing on the head a crash helmet of the type and design manufactured for use by the operators of such vehicles. All crash helmets shall consist of lining, padding and chin straps and shall be of such type as not to distort the view of the wearer. State Law Reference: Similar provisions applying to persons under 21 years of age, 47 O.S. 1971, Section 40-105(G). Page 15-77 Traffic and Vehicles SECTION 15-1304 WINDSHIELD; GOGGLES OR FACE SHIELD FOR OPERATOR All motorcycles operated on streets shall be equipped with a windshield of sufficient quality, size and thickness to protect the operator from foreign objects, except that, in lieu of such windshield, the operator may wear goggles or a face shield of material and design to protect him from foreign objects. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(B). SECTION 15-1305 MAXIMUM HEIGHT OF HANDLEBARS Handlebars on motorcycles shall not exceed twelve (12) inches in height, measured from the crown or point of attachment. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-103. SECTION 15-1306 REAR VIEW MIRRORS All motorcycles operated on streets shall be equipped with two (2) mirrors containing a reflection surface of not less than three (3) inches in diameter, mounted one on each side of the vehicle and positioned so as to enable the operator to clearly view the roadway for a distance of two hundred (200) feet to the rear of his vehicle. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(A). SECTION 15-1307 BRAKES Every motorcycle operated on streets shall be equipped with brakes adequate to control the movement of same to stop and hold such vehicle, including two (2) separate means of applying the brakes, one means to be effective to apply the brakes to the front wheel and one means to be effective to apply the brakes to the rear wheels. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(C). SECTION 15-1308 LIGHTS GENERALLY Every motorcycle operated on streets shall be equipped with at least one lighted head lamp capable of showing a white light visible at least three hundred (300) feet in the direction in which the vehicle is proceeding, and one tail lamp mounted on the rear which, when lighted, shall emit a red light plainly visible from at least three hundred (300) feet to the rear. Lights required by this section shall be burning whenever such vehicles are in motion during the period from one-half (½) hour after sunset and one-half (½) hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernible at a distance of at least five hundred (500) feet. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(F). SECTION 15-1309 STOP LAMP Every motorcycle operated on streets shall be equipped with a stop lamp on the rear of the vehicle, which shall display a red or amber light, or any shade of color between red and Page 15-78 Traffic and Vehicles amber, visible from a distance of not less than one hundred (100) feet to the rear in normal sunlight, and which shall be actuated upon application of the service brake. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(C). SECTION 15-1310 SPEEDOMETER All motorcycles operated in streets shall be equipped with a properly operating speedometer capable of registering at least the maximum legal speed limit for the vehicle. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(D). SECTION 15-1311 FENDERS All motorcycles operated on streets shall be equipped with a fender over each wheel. All fenders shall be of the type provided by the manufacturer. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-105(E). SECTION 15-1312 RIDER NOT TO HOLD TO OTHER MOVING VEHICLES No rider of a motorcycle shall hold to any other moving vehicle for the purpose of being propelled. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-103. SECTION 15-1313 PASSING OTHER VEHICLES BETWEEN TRAFFIC LANES No driver of a motorcycle shall pass other vehicles in between lanes of traffic traveling in the same direction, authorized emergency vehicles excepted. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-103. SECTION 15-1314 SPEED LIMIT. No person shall operate any motorcycle at a speed greater than the speed limit legally posted; provided, however, in no event nor at any time may an operator under the age of sixteen (16) years operate a motorcycle at a speed greater than thirty-five (35) miles per hour. State Law Reference: Similar provisions, 47 O.S. 1971, Section 40-104. SECTION 15-1315 NIGHTTIME DRIVING OF SCOOTERS – REPEALED (Ord No. 981, 4/5/11) SECTION 15-1316 RACING MOTORS It is unlawful for any person, upon the streets or highways of the city to race or unnecessarily accelerate the motor of any motor scooter or motorbike, while the clutch is disengaged, or to cause such vehicle to emit loud or annoying sounds or noises. SECTION 15-1317 IGNITION AND MECHANICAL ADJUSTMENTS Page 15-79 Traffic and Vehicles It is an offense to operate upon the streets or highways of the city any motor scooter or lightweight motor vehicle, the ignition timing or other mechanism of which is not so regulated, adjusted, installed or constructed so as to prevent explosion of fuel or gasses within the muffler, exhaust pipe or in the open air. SECTION 15-1318 CARRYING PASSENGERS LESS THAN TEN (10) YEARS OF AGE PROHIBITED No person shall operate a motorcycle, scooter, or other motor driven vehicle, covered under this chapter carrying a passenger which is less than ten (10) years of age. SECTION 1-1319 CARRYING PASSENGERS ON LIGHTWEIGHT MOTORCYCLES PROHIBITED No person shall permit any person on a lightweight motorcycle or motor driven bicycle, as a passenger, nor permit such vehicle to be operated by a person who does not have in his possession a valid license to operate a lightweight motorcycle or a motor driven bicycle. Page 15-80 Traffic and Vehicles CHAPTER 14 IMPOUNDMENT OF VEHICLES Section 15-1401 Definitions Section 15-1402 Purpose and Effect of Removal and Impoundment Provisions Section 15-1403 Authority to Impound Vehicles Section 15-1404 Vehicles on Bridge Section 15-1405 Arrest and Detention of Driver of Vehicle Section 15-1406 Illegal Trespass by Vehicle Section 15-1407 Vehicles Parked Overtime Section 15-1408 Vehicles Blocking Fire Exits or Hydrants Section 15-1409 Vehicles Parked in Intersection Section 15-1410 Recovered Stolen Vehicles Section 15-1411 Motor Vehicle Collisions Section 15-1412 Vehicles not Bearing or Displaying Proper License Plate Section 15-1413 Impoundment of Vehicles for Evidence Section 15-1414 Seizure and Forfeiture of Vehicles used in Crime Section 15-1415 Abandoned, Junked Vehicles Prohibited Section 15-1416 Abandoned, Junked Vehicles Considered a Nuisance Section 15-1417 Vehicles Obstructing Traffic or Highly Susceptible to Damage Section 15-1418 Abandoned Vehicles on Public Property Section 15-1419 Removal of Dismantled, Junked, Abandoned or Inoperable Vehicles Located on Private Property Section 15-1420 Place of Impoundment Section 15-1421 Notice of Removal Section 15-1422 Payment of Cost of Removal and Storage Section 15-1423 Contesting Validity of Removal or Storage Section 15-1424 Penalty SECTION 15-1401 DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this chapter: 1. “Dismantled, junked, abandoned or inoperable vehicles” shall include a vehicle missing a major part(s) that render it inoperable. Missing part(s) include, but are not limited to bodies, engines, transmissions, frames, rear ends, old tires, wheels and upholstering. 2. “Lienholder” means those lienholders as shown on the vehicle title; 3. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind; 4. “Private Property” means any real property in the city which is not public property; 5. “Public Property” means any property owned or controlled in the city limits by the City of Owasso, Tulsa County, Rogers County, the State of Oklahoma or the United States Government, and shall include all streets and highways; and 6. “Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a highway and shall include without limitation any automobile, truck, trailer, motorcycle, boat, personal water craft, travel trailer, tractor, buggy, wagon, or self-propelled farm or construction equipment. Page 15-81 Traffic and Vehicles 7. “Impoundment” means the physical removal of a vehicle to a designated impound lot or other place of safekeeping designated by the city. (Prior Code Sec. 8-401; Ord. No. 895, 6/19/07) SECTION 15-1402 PURPOSE AND EFFECT OF REMOVAL AND IMPOUNDMENT PROVISIONS The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, health, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances, protection of the public rights in the use of streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting recovered stolen vehicles. (Ord. No. 895, 6/19/07) State Law Reference: Grounds for removal of vehicles on highways by state, 47 O.S. Section 955; removal of vehicles on private property, 47 O.S. Section 954A. SECTION 15-1403 AUTHORITY TO IMPOUND VEHICLES Police officers and code enforcement officers of the city are hereby authorized within the limits set forth in this chapter and Oklahoma Statutes to impound vehicles under the circumstances hereinafter enumerated. No impoundment shall be valid unless made under order of an authorized police officer or code enforcement officer. (Ord. No. 895, 6/19/07) SECTION 15-1404 VEHICLES ON BRIDGE An unattended vehicle left upon any bridge, viaduct or causeway or in any tube or tunnel, where the vehicle constitutes an obstruction to traffic or hazard, may be impounded. (Ord. No. 895, 6/19/07) SECTION 15-1405 ARREST AND DETENTION OF DRIVER OF VEHICLE Whenever the driver of a vehicle is placed under arrest and is taken into custody by police under circumstances which leaves or will leave a vehicle unattended on any street, highway, or private property not belonging to, leased by, or rented by the driver, the vehicle will be impounded. If the driver is conscious and appears mentally capable of giving consent, the officer will give the driver the option releasing control of the vehicle to a licensed driver who is present at the time of arrest/detention or who can be summoned to the vehicle’s location in a time that does not unnecessarily delay the officer. (Ord. No. 895, 6/19/07) SECTION 15-1406 ILLEGAL TRESPASS BY VEHICLE A. An unattended vehicle found to be in violation of this code may be impounded when the required complaint has been properly made and filed as provided in this section. B. If a violation of the provisions of this code occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle on the owner’s or legal occupant’s property, or if the identity of the person parking the vehicle is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property upon which the vehicle is parked or standing. Page 15-82 Traffic and Vehicles C. Upon filing of the complaint by the property owner or legal occupant, and if there appears to be reasonable cause to believe the provisions of this code have been violated, the police department or code enforcement officer shall cause the vehicle to be impounded from the property and placed in storage. D. In addition to the procedure provided in this section, whenever the owner or legal possessor of real property or an authorized agent has reasonable cause to believe that a vehicle has been abandoned thereon, said vehicle having been on said property for a minimum of forty-eight (48) hours, or whenever a vehicle is left upon said real property without express or implied permission, such vehicle may be removed as provided in this section. E. The owner, legal possessor or authorized agent may request any licensed wrecker or towing service within the county wherein the real property is located to remove the abandoned vehicle from the premises by signing a Tow Request and Authorization Form prescribed by the Department of Public Safety and furnished to licensed wrecker as provided in Oklahoma Statutes. (Ord. No. 895, 6/19/07) State Law Reference: Removal of abandoned vehicles on private property, state procedure, 47 O.S. Section 954A. SECTION 15-1407 VEHICLES PARKED OVERTIME Any unattended vehicle which has been parked for more than one hour in excess of the time allowed by posted signage for parking on public property shall be impounded. (Ord. No. 895, 6/19/07) SECTION 15-1408 VEHICLES BLOCKING FIRE EXITS OR HYDRANTS Any vehicle illegally parked in such a manner that it blocks a fire escape ladder, device or exit, blocks ready access to a fire hydrant or is left unattended in a fire lane shall be impounded. (Ord. No. 895, 6/19/07) SECTION 15-1409 VEHICLES PARKED IN INTERSECTION Any unattended vehicle illegally parked in any street intersection shall be impounded. A disabled vehicle in an intersection with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing. (Ord. No. 895, 6/19/07) SECTION 15-1410 RECOVERED STOLEN VEHICLES A. Whenever a stolen vehicle is located by police, efforts to contact the owner of the vehicle will be made. If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his own arrangement for the removal of the vehicle within a reasonable amount of time from the time he is actually notified of its recovery. If the owner or his or her agent cannot be contacted in a reasonable amount of time or is contacted but is unable or unwilling to effect the removal within a reasonable amount of time, the vehicle may be impounded. B. If a stolen vehicle is located by police and the registered owner cannot be Page 15-83 Traffic and Vehicles contacted, the registered owner cannot be determined from the registration papers or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle poses a safety risk, or the vehicle was used in the commission of a crime and it is necessary to collect evidence, the vehicle may be removed by the next available licensed wrecker or towing service on call rotation and moved to their designated impound lot or other place of safekeeping designated by the city. The registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the police department. (Ord. No. 895, 6/19/07) SECTION 15-1411 MOTOR VEHICLE COLLISIONS A. Vehicles may be impounded if the vehicle is needed for purposes of the investigation following a vehicle collision involving serious personal injury or death. B.Following motor vehicle collisions, a police officer may request impoundment when the operator is unable or unwilling to take charge of the vehicle and the vehicle cannot be legally parked and sufficiently secured at the scene, or there is property in or attached to the vehicle that cannot be sufficiently secured at the scene or placed in the custody of a responsible party. (Ord. No. 895, 6/19/07) SECTION 15-1412 VEHICLES NOT BEARING OR DISPLAYING PROPER LICENSE PLATE After ninety (90) days from the expiration date for annual registration of a vehicle, police officers may seize and take into custody every vehicle owned within this state not bearing or displaying a proper license plate required by the Oklahoma Vehicle License and Registration Act. The vehicle shall not be released to the owner until it is duly registered and the license, registration, or title fee and penalties due are paid in full, proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required by Oklahoma Statutes, is furnished, and the cost of seizure, including the reasonable cost of taking the vehicle into custody and storing the vehicle have been paid. (Ord. No. 895, 6/19/07) State Law Reference: Duty to seize vehicles not bearing or displaying proper license plate, 47 O.S. Section 1115.1. SECTION 15-1413 IMPOUNDMENT OF VEHICLES FOR EVIDENCE A. Any vehicle may be impounded if there is probable cause that the vehicle was used as an instrument in a crime and the vehicle is needed as evidence of the crime, or the vehicle contains evidence of a crime that cannot be processed at the scene and must be secured to ensure evidentiary integrity. B.A hold may be placed on any vehicle impounded for evidence for forty-eight (48) hours. Holds needed beyond the forty-eight (48) hour time period require that a written request be made to the licensed wrecker or towing service to extend the hold. Only a police supervisor can authorize a hold on a vehicle for evidence. (Ord. No. 895, 6/19/07) SECTION 15-1414 SEIZURE AND FORFEITURE OF VEHICLES USED IN CRIME Page 15-84 Traffic and Vehicles A. Any police officer of the city is authorized to seize any vehicle owned by or registered to the defendant used in the commission of any armed robbery offense, as defined in Oklahoma Statutes, or any vehicle owned by or registered to the defendant when such vehicle is used to facilitate the intentional discharge of any kind of firearm, as defined in Oklahoma Statutes, or any vehicle, airplane, vessel, vehicles or parts of vehicles whose numbers have been removed, altered or obliterated so as to prevent determination of the true identity or ownership of said property and parts of vehicles which probable cause indicates are stolen but whose true ownership cannot be determined, or any vehicle owned by or registered to the defendant used in violation of the Trademark Anti-Counterfeiting Act, or any equipment owned by or registered to the defendant which is used in the attempt or commission of any act of burglary in the first or second degree, motor vehicle theft, unauthorized use of a vehicle, obliteration of distinguishing numbers on vehicles or criminal possession of vehicles with altered, removed or obliterated numbers as defined in Oklahoma Statutes, or any vehicle, airplane or vessel owned by or registered to the defendant used in the commission of any arson offense defined in Oklahoma Statutes. Said property may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the district attorney in the proper county of venue as petitioner; provided, in the event the district attorney elects not to file such action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, the property shall be returned to the owner. B. In addition to the provisions of subsection A of this section, vehicles may be seized for any other reason allowed in Oklahoma Statutes. (Ord. No. 895, 6/19/07) State Law Reference: Seizure and forfeiture of vehicles, airplanes, and other property used in crime - procedure, 47 O.S. Section 1738. SECTION 15-1415 ABANDONED, JUNKED VEHICLES PROHIBITED No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property a dismantled, unserviceable, inoperable, junked or abandoned vehicle or parts thereof or any vehicle legally or physically incapable of being operated for a period exceeding forty-eight (48) hours unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored. (Ord. No. 895, 6/19/07) SECTION 15-1416 ABANDONED, JUNKED VEHICLES CONSIDERED A NUISANCE The accumulation or storage of one or more dismantled, junked, abandoned, inoperable or unserviceable vehicles or parts thereof shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It is the duty of the owner of such vehicles or parts thereof, or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property. (Ord. No. 895, 6/19/07) SECTION 15-1417 VEHICLES OBSTRUCTING TRAFFIC OR HIGHLY SUSCEPTIBLE TO DAMAGE If a police officer of the city or the code enforcement officer of the city has reasonable cause Page 15-85 Traffic and Vehicles to believe that a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic, such officer shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of the abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order. (Ord. No. 895, 6/19/07) State Law Reference: Authorization to remove abandoned vehicle, 47 O.S. Section 902. SECTION 15-1418 ABANDONED VEHICLES ON PUBLIC PROPERTY Any police officer of the city or code enforcement officer of the city shall have the authority to remove or direct the removal of an abandoned, dismantled, junked or inoperable vehicle when same is found upon any portion of the highway, shoulder, right-of-way, or other public property, if after a period of forty-eight (48) hours from the time of posting of notification on the vehicle directing removal of same, there is no evidence of an apparent owner who intends to remove the vehicle. (Ord. No. 895, 6/19/07) SECTION 15-1419 REMOVAL OF DISMANTLED, JUNKED, ABANDONED OR INOPERABLE VEHICLES LOCATED ON PRIVATE PROPERTY A. Any police officer of the city or code enforcement officer of the city, shall, under the circumstances hereinafter set forth, have the authority to remove or direct the removal of a dismantled, junked, abandoned or inoperable vehicle when same is found upon private property within the corporate limits of the city. B. The police officer or code enforcement officer, as may be designated by the city manager, shall notify the owner, as evidenced by the records of the State Department of Public Safety, of such abandoned, junked, unserviceable, inoperable or dismantled vehicle, either by certified mail, return receipt requested, or by personal service, or by attaching a copy of the notice in a conspicuous place on the property to be removed, and if there be a building located on the property, by attaching a copy of the notice to the main entranceway of the building in a conspicuous place thereon. Notice may also be given by service of same on a person in possession or control of the property as owner, lessee, custodian or licensee over the age of fifteen (15) years or upon the member of any household fifteen (15) years of age or older. The notice shall contain the following information: 1. The nuisance must be abated within forty-eight (48) hours after receipt of notice by certified mail or within forty-eight (48) hours of posting of notice or upon personal service as hereinbefore provided; 2. The owner or person having control of the property upon which the nuisance is located may, within the forty-eight (48) hour period provided for in the notice for removal, request, in writing, directed to the code enforcement officer of the city, a hearing before the city council of the city; 3. The failure to request a hearing within the time period shall cause an abatement order to be issued and the same shall be removed by the proper city authorities and all charges incidental and necessary to the removal thereof shall be charged to the owner or the person having control of the property; 4. If a hearing as above provided is requested within the time provided, a hearing shall be set before the city council not less than (5) days nor more than (15) days from the request. At such hearing the owner may appear and protest and show Page 15-86 Traffic and Vehicles cause why such abatement order should not be issued; and 5. If the city council determines a nuisance exists and if the city council orders an abatement after the hearing provided herein, the same shall be removed by the city at the cost of the owner or the person having control of the property upon which the nuisance is located; provided, the city shall allow the owner or person having control thereof seventy-two (72) hours after such order within which to abate the nuisance. C. Upon failure of the owner of the vehicle or the owner, lessee or person having control of the property on which the vehicle is located to request a hearing within the time provided as provided in the preceding subsection, or to remove the vehicle or to place it in an enclosed building, the city shall have the right to abate the nuisance forthwith without further notice or time being given. D. If such owner, lessee or person in control of the property requests a hearing within the time provided and appears to protest at the hearing provided and is ordered to abate such nuisance at the hearing, then such owner, lessee or person having control of the property shall abate same within seventy-two (72) hours of the ruling. E. The city manager, if same is not abated within seventy-two (72) hours of the order of abatement, shall direct the code enforcement officer, to cause the removal and abatement of such nuisance and reasonable costs and charges for the removal of the nuisance shall be charged to the owner, lessee or person in control of the property upon which the vehicle is located. F. The owner of any vehicle so removed may regain possession thereof by making application to the code enforcement officer within thirty (30) days after removal and upon payment to the city all reasonable costs of removal and storage which shall have accrued to such vehicle. If the vehicle is not so reclaimed within thirty (30) days, it may be sold without further notice in a reasonably commercial manner. After payment of towing and storage costs, all funds remaining shall become the property of the city. (Ord. No. 895, 6/19/07) SECTION 15-1420 PLACE OF IMPOUNDMENT Vehicles that are impounded under the provisions of this chapter shall routinely be removed by the next available licensed wrecker or towing service on call rotation to their designated impound lot or other place of safekeeping designated by the city. Exigent circumstances; however, may require removal and storage of the vehicle by other means. (Ord. No. 895, 6/19/07) SECTION 15-1421 NOTICE OF REMOVAL Any such officer who has removed or directed the removal of any vehicle, or an authorized person within the police department, shall within seventy-two (72) hours of such removal notify the Oklahoma Department of Public Safety of such removal. The notice of removal shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the officer’s estimated value. Upon receipt of such notice of removal, the Department of Public Safety is required by Oklahoma Statute to send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by the Tax Commission or motor license agent, of the Page 15-87 Traffic and Vehicles vehicle’s location. (Ord. No. 895, 6/19/07) State Law Reference: Notice of removal – civil liability, 47 O.S. Section 903. SECTION 15-1422 PAYMENT OF COST OF REMOVAL AND STORAGE The owner of a motor vehicle or lienholder of the vehicle in violation of the provisions of this chapter, or the owner of any vehicle or lienholder of the vehicle or insurer accepting liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner which shall have been lawfully removed from any highway or other public property may regain possession of the vehicle in accordance with regulations of the Oklahoma Department of Public Safety upon payment of the reasonable cost of removal and storage of such vehicle to the licensed wrecker or towing service. The licensed wrecker or towing service is authorized to collect all lawful fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services. The licensed wrecker or towing service shall release the vehicle from storage upon authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the insurer accepting liability for paying the claim on the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale. (Ord. No. 895, 6/19/07) State Law Reference: Payment of cost of removal and storage, 47 O.S. Section 904. SECTION 15-1423 CONTESTING VALIDITY OF REMOVAL OR STORAGE A. After the removal or storage of any abandoned or wrecked vehicle at the request of a police officer or code enforcement officer of the city, the registered or legal owner of the vehicle, or their agent, may contest the validity of the removal or storage, by filing a written request for a hearing with the city manager. The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the city shall not be required to conduct a hearing if the request is received more than ten (10) days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within seventy-two (72) hours of the request, excluding weekends and holidays. The city may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vehicle. The city may, with the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by telephone conference call. B. The hearing officer shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If deemed unjustified, the city shall bear the cost of hookup and tow mileage, and the licensed wrecker or tow service shall waive all storage costs in such cases as a condition of eligibility to respond to a service call request from the city. The vehicle owner or agent shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and storage. In either case, prior to the release of the vehicle to the owner or agent, proof of security or an affidavit that the vehicle will not be used on public highways or public streets shall be furnished to the city. C. Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirements in this Page 15-88 Traffic and Vehicles section. D. The hearing conducted by the city pursuant to this section shall not be governed by the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes. The owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in the district court of the county wherein the vehicle is stored. The district court is vested with original jurisdiction to conduct a de novo hearing and determine the validity of removal and storage. E. The provisions of this section shall not apply to the removal of vehicles abated pursuant to Section 954A of Title 47 of the Oklahoma Statutes. (Ord. No. 895, 6/19/07) State Law Reference: Contesting validity or removal or storage – request for hearing, 47 O.S. Section 903A. SECTION 15-1424 PENALTY Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1-108 of this code. (Ord. No. 895, 6/19/07) Page 15-89 Traffic and Vehicles CHAPTER 15 PENALTIES Section 15-1501 Obedience to Traffic Code Section 15-1502 Penalties SECTION 15-1501 OBEDIENCE TO TRAFFIC CODE A. It is an offense against the city for any person to do any act forbidden or to fail to perform any act required by this chapter. B. It is an offense against the city for the parent of any child or for the guardian of any ward to authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. C. It is an offense for any person to authorize or knowingly to permit any vehicle registered in his or her name to be driven or to stand or to be parked in violation of any of the provisions of this part. SECTION 15-1502 PENALTIES Every person violating any of the provisions of this part containing the traffic laws of the city shall be guilty of an offense and upon conviction thereof shall be fined or punished as provided in Section 1-108 of this code. Page 15-90 Traffic and Vehicles CHAPTER 16 SKATEBOARDS Section 15-1601 Definitions Section 15-1602 Rules of the Road Section 15-1603 Parental Responsibilities Section 15-1604 Compliance with Other Laws Section 15-1605 Violations and Penalties SECTION 15-1601 DEFINITIONS As used in this chapter, the following terms shall have the following meanings: “Private Property” means property that belongs to an individual person, company, corporation or interest; any property that is not included within the public rights of way. “Roadway” means that portion of the highway designed or ordinarily used for vehicular travel, excluding sidewalks. “Sidewalk” is that portion of the highway designated or ordinarily used for pedestrian travel. “Skateboard” is a single platform mounted on wheels, which are propelled solely by human power and which has no mechanisms or other device with which to steer or to control the movement or direction of the platform. “Vehicle” is every device, excluding skateboards, wagons, wheelchairs, unicycles, pushcarts, tricycles and other children’s toys, in, upon or by which any person or property is or may be transported or drawn upon a roadway or sidewalk. SECTION 15-1602 RULES OF THE ROAD A. No person shall ride a skateboard upon any sidewalk, park, school yard or any public place not designated for such purpose or on any roadway so as to obstruct pedestrian traffic or endanger another person’s safety, or ride a skateboard on any highway, street or roadway in such a manner so as to impede the normal flow of vehicular traffic. B. No person shall let a skateboard stand upon any sidewalk, park, path, roadway or any public place where it is an obstruction or hazard to pedestrians. C. No person shall ride a skateboard onto or from any bench, chair, flower box, retaining wall, stairway or other public accessory or structure not intended for pedestrian foot traffic, or intended only for pedestrian foot traffic. D. No person shall ride a skateboard on private property that is zoned for commercial, industrial, multi-family, or office use in the City of Owasso unless such act is expressly allowed by the owner thereof. In order for this act to be lawful, the private property owner must have first filed with the Chief of Police, upon such forms as are to be provided by the Chief of Police, a written declaration that skateboarding upon such owner’s private property is expressly allowed, together with such other information reasonably pertaining thereto that the Chief of Police may require. Page 15-91 Traffic and Vehicles E. No person shall operate or ride a skateboard on any roadway where the volume or speed of the vehicular traffic or the width of the roadway renders the roadway unsafe or unsuitable for skateboarding. F. Skateboarding operators on sidewalks and roadways shall yield the right-of-way to all vehicles and all other pedestrian (non-skateboard) traffic upon the sidewalk and roadway. G. No person shall ride a skateboard on any designated public area for riding skateboards in the City of Owasso after dark unless said public areas are fully illuminated by public utilities. SECTION 15-1603 PARENTAL RESPONSIBILITIES It shall be unlawful for every parent, guardian, or other adult person having the care and custody of any minor child under 18 years of age to knowingly permit such a minor child to violate any provision of this chapter. A violation of this chapter shall be punished by a fine of not more than $50.00. SECTION 15-1604 COMPLIANCE WITH OTHER LAWS No person shall operate a skateboard on any roadway or public alley in the City of Owasso in violation of any traffic ordinance of the City of Owasso or the law of the State of Oklahoma. SECTION 15-1605 VIOLATIONS AND PENALTIES Every person convicted of violation of any provision of this chapter shall be punished by a fine of not more than $50.00 and shall be ordered to pay restitution should any damage or injury have resulted from the act giving rise to the violation of this chapter. (Ord. No. 765, 9/02/03) Page 15-92