Ordinance 1041•
ORDINANCE N0. 1041
;'.T1 ORDII" INCE l,MEr1DIr1G SECTIOTNS 37.1 TO
37.108 INCT.,USIVE Or' CHAPTER. 37 Or "TFE
CODE Or THE CITY OF MIAMI REAM 1950."
Rr IT ORDAINED BY THF CITY COUNCIL Or THE CITY OT' MAK BEACH, FLORIDA:
SECTION? 1: That Sections 37.1 to 37.108 inclusive of Chapter 37 of "The Code of
the City of Miami Reach, Florida 1950" be and the same are hereby
amended to read as follows:
ARTICLE I Words and Phrases Defined
Sec. 37.1 This Chapter shall be known as the Traffic Code of the City
of Miami Beach, Florida and except as otherwise provided,
whenever in this chapter the following words and terms are used, they
shall have the meanings respectively ascribed to them in this section;
Alley. Any roadway, place or public way dedicated to pub'ic
use and twenty (20) feet or less in width, unless otherwise officially
designated as a street.
Authorized emergency vehicle. Vehicles of the fire depart-
ment, police vehicles and such ambulances and er..ergency vehicles of
municipal departments or public service corporations as are designated
or authorized by the chief of police.
Crosswalk. That portion of a roadway ordinarily included within
the prolongation of curb or roadway edge and property lines at inter-
sections, or any other portion of a roadway clearly indicated for ped-
estrian crossing by lines or other markings on the surface.
Curb loading zone. A space adjacent to a curb reserved for
the exclusive use of vehicles during the loading or unloading of
passengers or materials.
Freight curb loading zone. A space adjacent to a curb for
the exclusive use of vehicles during the loading or unloading of freight
or passengers.
Intersection. The area embraced within the prolongation of the
lateral curb lines, or if none, then the lateral boundary lines of two
or more roadways which join one another at an angle whether or not one
such roadway crosses the other.
Motor vehicle. Every vehicle, as herein defined, which is
self-propelled.
Official traffic signals. All signs, not inconsistent with
this chanter, placed or erected by authority of a public body or official
having jurisdiction, for the purpose of guiding, directing, warning or
regulating traffic.
Official traffic signs. All signs and markings, other than
signals, not inconsistent with this chapter, placed or erected by
authority of a public body or official having jurisdiction, for the
purpose of guiding, directing, warning or regulating traffic.
Operator. Any person who is in actual physical control of
a vehicle.
Park. ?.then prohibited, means the standing of a vehicle,
whether occupied or not, otherwise than temporarily for the purpose of
and actually engaged in loading or unloading.
Passenger curb loading zone. A place adjacent to a curb
reserved for the exclusive use of vehicles during the loading or unloading
of passengers.
Police Officer. Every member of the municipal police depart-
ment or any officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations.
Pedestrian. Any person afoot.
Private road or driveway. Every road or driveway not open to
the use of the public for purposes of vehicular travel.
Right of Way. The privilege of the immediate use of the street
or highway.
Roadway. That portion of a street or highway between the re-
gularly established curb lines or that part devoted to vehicular traffic.
Safety zone. The area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is so marked or
indicated by proper signs as to be plainly visible at all times while so
set apart.
Sidewalk. That portion of a street between the curb lines and
the adjacent property lines.
Stop. When required, means complete cessation of movement.
Ston, stopping or standing. When prohibited, means any stopping
or standing of a vehicle whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of
a police officer or traffic -control sign or signal.
Street or highway. Every way set apart for public travel, except
footpaths, or alleys.
Traffic. Pedestrians, ridden animals, herded animals, vehicles
and bicycles, either singly or together, while using any street for purposes
of travel.
Traffic -control signal. Any device using colored lights, or
words, or any combination thereof, whether manually, electrically or mech-
anically operated, by which traffic is alternately directed to stop and
to proceed.
Vehicle. Every device in, upon, or by which, any person or
property is or may be transported or drawn upon a public highway, excepting
devices moved by human power or exclusively upon rails or tracks.
:RTICLE II Traffic "dministration
Sec. 37.2 Police administration. There is hereby established in the
police department of this city a traffic division.
Sec. 37.3 Police to direct traffic. It shall be the duty of the police
department to enforce the provisions of this chapter. Members
of the police department are hereby authorizes to direct al]. traffic either
in person or by means of visible or audible signal in conformance with the
provisions of this chapter; provided, that in the event of a fire or other
emergency and to expedite traffic or safeguard pedestrians during such
emergency, members of the police or fire department may direct traffic, as
conditions may require, notwithst^nding the provisions of this chapter.
Sec. 37.4 Emergency regulations. The chief of police with approval of
the city manager is hereby empowered to make and enforce regu-
lations necessary to make effective the provisions of this chapter and to make
temporary regulations to cover emergencies or special conditions, provided
any such regulations are not inconsistent with the provisions of this chapter.
Sec. 37.5Hecords of traffic violations.
(A) The police department or the traffic division thereof shall
keep a record of all violations of the traffic code of this city or of the
State vehicle laws of which any person has been charged, together with a
record of the final disposition of all such alleged offenses. Such
record shall be maintained so as to show all types of violations and
the total of each. Said record shall accumulate during at least a 5 -year
period and from that time on the record shall be maintained complete for
at least the most recent 5 -year period.
(B) Exempted from the provisions of paragraph (A) of this
section are violations of the traffic code of this city relating to the
parking of vehicles and with respect to such exempted violations the
police department or the traffic division thereof shall accumulate during
at least a 12 month period a record of such violations relating to the
parking of vehicles and shall maintain such records for at least the most
recent 12 month period.
(C) From the records referred to in paragraphs (A) and (B) of
this section a monthly report shall be made; and from each monthly report
a yearly report shall be made.
(D) All such records and reports shall be public records.
Sec. 37.6 Traffic division to investigate accidents. It shall be the
duty of the traffic division, assisted by other police officers
of the department, to investigate traffic accidents, to arrest and to
assist in the prosecution of those persons charged with violations of
law causing or contributing to such accidents.
Sec. 37.7 Traffic accident studies. Whenever the accidents at any
particular location become numerous, the traffic division shall
cooperate with other city officers in conducting studies of such accidents
and determining remedial measures.
Sec. 37.8 Traffic accident. reports. (A) The traffic division shall
maintain a suitable system of filing traffic accident reports.
Accident reports or cards referring to them shall be filed alphabetically
by location. Such reports shall be available for the use and information
of other city officers.
(B) The traffic division shall receive and properly file
all accident reports made to it under State law or under the traffic code
of this city, but all such accident reports made by drivers shall be for
the confidential use of the police department and other city officers, and
no such report shall be admissible in any civil or criminal proceeding
other than upon request of any person making such report or upon request
of the court having jurisdiction to prove a compliance with the laws
requiring the making of any such report.
Sec. 37.9
which shall
information
Traffic division to submit annual traffic -safety report.
The traffic division shall annually prepare a traffic report
be filed with the city manager. Such report shall contain
on traffic matters in this city as follows:
(A) The number of traffic accidents, the number of persons
killed, the number of persons injured, and other pertinent traffic
accident data;
(B) The number of traffic accidents investigated and other
pertinent data on the safety activities of the police;
(C) The plans and recommendations of the division for future
traffic safety activities.
Sec. 37.10 Traffic division to designate method of identifying funeral
processions. The traffic division shall designate a type of
pennant or other identifying insignia to be displayed upon, or other
method to be employed to identify, the vehicles in funeral processions.
ARTICLE III Enforcement and Obedience to Traffic Regulations.
Sec. 37.11 Required obedience to t rnffic code. It shall be unlawful for
any person to do any act forbidden or fail to perform any act
required in this chapter.
Sec. 37.12 Obedience to police and fire department officials. No person
shall wilfully fail or refuse to comply with any lawful order
or direction of a police officer or fire department official.
Sec. 37.13 Every person propelling a pushcart or riding a bicycle or any
animal upon a roadway, and every person driving any animal,
shall be subject to the provisions of this chapter applicable to the operator
of any vehicle, except those provisions of this chapter with reference to the
equipment of vehicles and except those provisions which by their very nature
can have no application.
Sec. 37.1k Use of coasters,,roller skates and similar devices restricted.
It shall be unlawful for any person upon roller skates or riding
in or by means of any coaster, toy vehicle, or similar device, to go upon any
roadway except while crossing a street or a sidewalk.
Sec. 37.15 Public employees to obey traffic regulations exceptions; The
provisions of this chapter shallapply to the operator of
any vehicle owned or used in the service of the U. S. Government, the state,
county or city and it shall be unlawful for any operator to violate any of the
provisions of this chapter except as otherwise permitted in this chapter.
Sec. 37.16 Exemptions to authorized emergency vehicles. (.) The pro-
visions of this chapter regulating the operation, parking, and
standing of vehicles shall apply to authorized emergency vehicles, as de-
fined in this chapter except as follows:
A driver when operating any such vehicle in an emergency, except when other-
wise directed by a police officer, may --
(a) Fark or stand notwithstanding the provisions of this
chapter;
(b) Proceed past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe operation;
(c) Exceed the speed limits so long as he does not endanger
life or property.
(d) Disregard regulations governing direction of movement or
turning in specified directions so long as he does not endanger life or
property.
(B) Those exceptions hereinbefore granted in reference to the movement
of an authorized emergency vehicle shall apply only when the driver of said
vehicle sounds a siren, bell, or exhaust whistle as may be reasonably necess-
ary, or the vehicle displays a lighted red lamp visible from the front as a
warning to others.
(C) This section shall not operate to relieve the driver of an auth-
orized emergency vehicle from the duty to drive with due regard for the snfety
of all persons using the street or roadway.
Sec. 37.17 Operation of vehicles on apnroach of authorized emergency vehicles
The driver of every other vehicle shall yield 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.
Sec. 37.18 Immediate reports of accidents. The driver of any vehicle which
is involved in an accident shall comply with the following:
(A) Immediately stop, and if any person shall have been
injured thereby, shall render all necessary or possible assistance to
such person;
(3) Remain at the scene of such accident or collision until
the police have arrived and furnish to such police all information re-
quired for the making of a full and complete report thereof;
(C) Upon request of any person involved in such accident or
collision, and at the scene thereof, shall give such party his name and
address, exhibit his driver's license for examination, give his vehicle
registration number, the name and address of the owner of the vehicle
when not owned by the driver involved in such accident or collision, the
name of insurers of his vehicle, or other pertinent information which
shall be requested;
(D) If colliding with an unattended vehicle or property,
shall immediately attempt to locate the owner or custodian thereof before
leaving the scene, for the purpose of identifying himself to such owner or
custodian, or shall place in or upon such vehicle or property collided
with, his name and address, then shall call police headquarters, request-
ing the dispatch of police officers to the scene thereof, or shall obtain
permission from police headquarters to proceed to police headquarters for
the purpose of making the required report; and
(3) Comply with all lawful instructions of police offiers
regarding accident or collision.
Sec. 37,19 When driver unable to report. Whenever the driver afatiehicle is
physically incapable of making an immediate report of an ac-
cident, as required in this section, and there was another occupant in the
vehicle at the time of the accident capable of making a report, such oc-
cupant shall make or cause to be made such report.
Sec,37,20 Accident reports confidential, All accident reports made by
persons involved in accidents shall be without prejudice to the
individual so reporting and shall be for the confidential use of the
police department, except that the department may disclose the identity
of a person involved in an accident when such person denies his presence
at such accident. No such report will be used as evidence in any trial,
civil or criminal, arising: out of an accident, except that the department
shall furnish upon demand of any person who has, or claims to have, made
such a report or, upon demand of any court, a certificate showing- that a
specified accident report has or has not been made to the department sole-
ly to prove a compliance or a failure to comply with the requirements that
such a report be made to the department.
Sec, 37,21 Duty upon striking fixtures upon a street or roadway. The
driver of any vehicle involved in an accident resulting only
in damage to fixtures legally upon or adjacent to a street or roadway shall
take reasonable steps to locate and notify the owner or person in charge
of such property of such fact and of his name and address 41lignof the re-
gistration number of the vehicle he is driving; and shall/request and if
available exhibit his operatorts or chauffeur.ts license and shall make
report of such accident when and as required under this chapter.
ARTICLE IV Traffic -Control Devices,
Sec, 37,22 Character, type and location; uniformity. The chief of
police, with the approval of the city manager, is hereby
authorized to determine and designate the character, type and location of
all official traffic signs and signals, and it shall be his duty to place
and maintain, or cause to be placed and maintained, all official traffic
signs and signals. All signs and signals required hereunder for a particu-
lar purpose shall so far as is practicable 5e uniform throughout the city,
5
Sec. 37.23 Obedience to traffic signs and signals. It shall be unlawful
for any operator to disobey the instructions of any official
traffic sign or signal upon the street placed in accordance with the
Provisions of this article, unless otherwise directed by a police officer.
Sec. 37.24 Traffic -control signal legend. Whenever traffic is controlled
by traffic -control signals exhibiting the words "Go",
"Caution," or "Stop", or exhibiting different colored lights successively
one at a time, or with arrows, the following colors only shall be used
and said terms and lights shall indicate and apply to drivers of vehicles
and pedestrians as follows:
(A) Green, alone, or "Go".
(a) Vehicular traffic facing the signal may proceed
straight through or turn right or left unless a sign at such place
prohibits such turn. But vehicular traffic shall yield the right of way
to other vehicles and pedestrians lawfully within the intersection at
the time such signal is exhibited.
(b) Pedestrians facing the signal may proceed across
the roadway within any marked or unmarked crosswalk.
(B) Yellow alone, or "Caution" when shown following the
green or "Go" signal.
(a) Vehicular traffic facing the signal shall stop
before entering the nearest crosswalk at the intersection, but if such
stop cannot be made in safety a vehicle may be driven cautiously through
the intersection.
(b) No pedestrian facing such signal shall enter
the roadway until the green or "Go" is shown alone unless authorized so
to do by a pedestrian "Walk" signal.
(C) Red, alone, or "Stop".
(a) Vehicular traffic facing the signal shall stop
before entering the nearest crosswalk at an intersection or at such other
point as may be indicated by a clearly visible line and shall remain
standing until green or "Go" is shown alone.
(b) No pedestrian facing such signal shall enter the
roadway until the green or "Go" is shown alone (unless authorized so to
do by a pedestrian "Walk" signal).
(D) Red or green arrow.
Vehicular traffic facing such signal may cautiously
enter the intersection only to make the movement indicated by such arrow
but shall yield the right-of-way to pedestrians lawfully within a
crosswalk and to other traffic lawfully using the intersection.
(L) In the event an official trgffic-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 leave 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. 1•'henever special pedestrian -control
signals exhibiting the words "Walk" or "Wait" are in place such signals shall
indicate as follows:
(a) 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.
(b) :TAIT - 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 the nearest
sidewalk or safety zone while the wait signal is showing.
Sec. 37.25 Whenever flashing red or ;fellow signals are used they shall
require obedience by vehicular traffic as follows:
(a) FLASHING RED (STOP SIGNAL) - When a red lens is
illuminated with rapid intermittent flashes, drivers of vehicles shall
stop before entering the nearest crosswalk at an intersection or at a
limit line when marked, or, if none, then before entering the intersection,
and the right to proceed shall be subject to the rules applicable after
making a stop at a stop sign.
(b) FLASHING YELLCrti (CAUTION SIGNAL) - When a yellow lens is
illuminated with rapid intermittent flashes, drivers of vehicles may
proceed through the intersection or past such signal only with caution.
Sec. 37.26 Display of unauthorized signs and signals prohibited. It shall
be unlawful for any person to place or maintain or to display
upon or in view of any street, any unofficial sign, signal or device
which purports to be or is an imitation of, or resembles, an official
traffic sign or signal, or which attempts to direct the movement of traffic.
Every such prohibited sign, signal or device is hereby declared to be a
public nuisance, and the chief of police is hereby empowered to remove
the same, or cause it to be removed without notice.
Sec. 37.27 Interference with signs and signals prohibited. It shall be
unlawful for any person to wilfully deface, injure, move,
obstruct or interfere with any official traffic sign or signal.
Sec. 37.28 resignation and specification of crosswalks. The chief of
police, with the approval of the city manager, is hereby
authorized to establish and to designate by appropriate devices, marks or
lines upon the surface of the roadway, and shall hereafter maintain,
crosswalks approximately equal in width to the adjacent sidewalk at all
intersections where in his opinion there is particular danger to
pedestrians crossing the roadway.
Sec. 37.29 Designation of safety zones, traffic lanes, etc, (A) The chie
of police, with the ap^roval of the city manager, is nereby
empowered to establish safety zones of such kind and character and at
such places as he may deem necessary for the protection of pedestrians.
(B) Authority to mark lanes for traffic.
The chief of police,w.ith the approval of the city manager,
is also authorized to mark lanes for traffic on street pavements at such
places as he may deem advisable, consistent with the provisions of this
article.
(C) Authority to place restricted turn signs,
The chiefof police, with the approval of the city manager,
is hereby authorized to determine those intersections at which drivers of
vehicles shall not make a right, left or U turn, and shall place proper
signs at such intersections. The making of such turns may be prohibited
between certain hours of any day and permitted at other hours, in which event
the same shall be plaihly indicated on the signs or they may be removed
when such turns. are permitted.
(D)
right, left or
the directions
Obedience to no -turn signs.
Whenever authorized signs are erected indicating that no
U turn is permitted, no driver of a vehicle shall disobey
of any such sign.
(r) Signs indicating the direction of lawful traffic movement
shall be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
(F) Authority to place and obedience to turning markers..
(a) The chief of police is authorized to place markers,
buttons, curbs or signs within or adjacent to intersections indicating the
course to be traveled by vehicles turning at such intersections.
(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.
ARTICLE V Speed Restrictions.
Sec. 37.30 No person shall drive any vehicle upon a city street
or roadway at a speed greater than that designated by
official traffic signs posted upon said street or roadway; where no such
official traffic signs are posted the maximum speed at which any person
may drive a vehicle upon a city street or roadway shall be thirty (30)
miles per hour.
Sec. 37.31 Notwithstanding the foregoing provision, it shall be
unlawful for any person to drive any vehicle upon a
city street or roadway at a speed greater than that which is reasonable
and prudent under existing conditions of traffic, surface and width of
roadway, and of actual and potential hazards.
Sec. 37.32 No person shall drive a motor vehicle at such a slow
speed as to impede or block the normal and reasonable
movement of traffic, except when reduced speed is necessary for safe opera-
tion or in compliance with law.
ARTICLE VI Required position and method of turning at intersections.
Sec. 37.33 Turning and starting and signals on stopping and turn-
ing. The driver of a vehicle intending to turn_ at an
intersection shall do so as follows:
(A) Both the approach for a right turn and a right turn shall
be made as close Fs practicable to the right-hand curb or edge of the roadway.
(B) Approach for a left turn shall be rade in that portion of
the right half of the roadway nearest the center line thereof and after
entering the intersection the left turn shall be made so as to leave the
intersection to the right of the center line of the roadway being entered.
(C) Approach for a left turn from a two-way street into a one-
way street shall be made in that portion of the right half of the roadway
nearest the center line thereof and by passing to the right of such center
line where it enters the intersection. A left turn from a one-way street
into a two-way street shall be made by gassing to the right of the center
line of the street being entered upon leaving the intersection.
(D) Where both streets or roadways are one way, both the ap-
proach for a left turn and a left turn shall be rade as close as practicable
to the left-hand curb or edge of the roadway
Sec. 37.34 When signal reouired.
(A) No person shall turn a vehicle from a direct course upon
a roadway unless and until such movement can be made with reasonable safety,
and then only after giving an appropriate signal in the manner hereinafter
provided, in the event any other vehicle nay be affected by such movement.
(B) A signal of intention to turn right or left shall be ;icer
continuously during not less than the last one hundred feet traveled by the
vehicle before turning.
(C) No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner provided
herein to the driver of any vehicle immediately to the rear, when there is
opportunity to give such signal.
Sec. 37.35 Signals by hand and arm or signal device. The signals
herein required shall be given either by means of the
hand and arm or by a signal lamp or signal device of a type approved by the
department of public safety of the state; but when a vehicle is so con-
structed or loaded that a hand and arm signal would not be visible both to
the front and rear of such vehicle, then such signals must be given by such
signal lamp or signal device.
Page 8
Sec. 37.36 vethod of giving hand and arm signals. All signals herein re-
quired, 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:
(a) Left turn. Hand and arm extended horizontally.
(B) Right turn. Hand and arm extended upward.
(C) Stop or decrease speed. Hand and arm extended downward.
Sec. 37.27 Backing around corners into intersections. It shall be unlawful
for the operator of any vehicle to back such vehicle around a
corner at an intersection or into an intersection of public streets.
Sec. 37.38 Limitations in turning around. The orerator of a vehicle Shall
not upon any street turn such vehicle so as to proceed in the
opposite directicn except where conditions at the point of such turn make it
impracticable to do otherwise.
'_RTICLE VII Overtaking and passing a vehicle - Generally.
Sec. 37.39 The operator of any vehicle overtaking another vehicle proceed-
ing in the same direction may pass to the left or the right
thereof in such manner as to permit safe passage. The oper^tor of such over-
taking vehicle shall pass at a safe distance to the side of such overtaken
vehicle and shall not cut in front of the latter until safely clear of the
overtaken vehicle.
Sec. 37.40 Same -Limitations. (A) The operator of a vehicle shall not
drive to the left side of the center line of the traversable
roadway in overt'_king and passing another vehicle proceeding in the same
direction unless such left side is clearly visible and is free of oncoming
traffic for a sufficient distance ahead to permit such overtaking and passing
to be made in safety.
(B) The preceding paragraph shall not apply upon one-way streets or
upon streets laned for traffic, in which latter event, vehicles traveling
in lanes shall move in the direction permitted in such lanes.
(C) The operator of a vehicle shall not overtake and pass any other
vehicle proceeding in the same direction at any intersection of streets,
except that this provision shall not apply at intersections where traffic is
controlled by traffic control signals or by polio officers.
Sec. 37.41 Drive on right side of roadway; exceptions. (A) Upon all
streets except one-way streets, the operator of a vehicle shall
drive the same upon the right half of the roadway and shall drive a slow-
moving vehicle as closely as possible to the right-hand edge or curb of the
roadway unless it is impracticable to travel on such side of the roadway,
and except when overtaking and passing another vehicle subject tothe
limitations applicable in overtaking and passing set forth in this article.
(B) The foregoing provisions of this section shall not be deemed to
prevent the marking of lanes for traffic upon any street and the allocation
of designated lanes to traffic moving in any particular direction or at a
designated speed.
Sec. 37.42 Operator to give way to overtaking vehicle. (A) The operator
of a vehicle upon a street shall not deviate from his direct
line of travel without ascertaining that such movement can be made with safety
to other vehicles approaching from the rear and Ebout to overtake and pass
such first -mentioned vehicle.
(B) The operator of a vehicle upon a street about to be overtaken
and passed by another vehicle approaching from the rear shall give way con-
sistent with safety upon suitable and audible signal being given by the
operator of the overtaking vehicle and shall not increase the speed of his
vehicle until completely passed by the overtaking vehicle.
Sec. 37.43 Passing vehicles proceeding in opposite direction. Operators
of vehicles approaching from opposite directions shall pass
each other to the right, each giving to the other at least one-half of the
main -traveled portion of the roadway as nearly as possible.
Sec. 37.44 Following too closely. The operator of a motor vehicle shall not
follow another vehicle more closely than is reasonable and pru-
dent, having due regard to the speed of such vehicles and the traffic upon
and condition of the roadway.
ARTICLE VIII Right of T•'ay.
Sec. 37.45 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
highway.
(B) 1Jhen two vehicles enter an intersection from different highways
at approximately the same time the driver of the vehicle on the left side
shall yield the right-of-way to the vehicle on his right.
(0) The right-of-way rules declared in paragraphs (A) and (B) are
modified at through highways and otherwise as hereinafter stated in this
chapter.
Sec. 37.46 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, but said driver, having so yielded and having given a sig-
nal when and as required by this chapter, may make such left turn and the
drivers of all other vehicles approaching the intersection from said opposite
direction shallyield the right-of-way to the vehicle making the left turn.
Sec. 37.47 Vehicle entering through street or roadway or stop intersection.
'•there stop signs or marker" are painted, erected, placed or
maintained at any street intersection or other place where vehicles may enter
or cross any streets in this city, all vehicles shall be required to make a
full and complete stop at such stop sign, and such stop shall at all times be
made before entering, turning into, or crossing any such street or roadway.
Before entering any such street or roadway in this city the driver of a
vehicle shall_ make the requirec': stop and thereupon shall wait until traffic
clears sufficiently to permit the movement of said vehicle into or across such
street without endangering, damaging or injuring other persons or traffic.
Sec. 37.48 Starting parked vehicle. No person shallEtart a vehicle which is
stopped, standing or parked, unless such movement can be made
with reasonable safety.
ARTICLE IX Miscellaneous Driving Rules.
Sec. 37.40 Obstruction to operator's view of driving mechanism.
shall be unlawful for the operator of any vehicle to drive the
same when such vehicle is so loaded, or when there are in the front seat of
such vehicle such number of persons, as to obstruct the view of the operator
to the front or sides or to interfere with the operator's control over the
driving mechanism of the vehicle.
(A) It
(B) It shall be unlawful for any passenger in a v chicle to ride in such
position as to interfere with the operator's view ahead, or to the sides ,
or to interfere with the operator's control over the driving mechanism of
the vehicle.
Sec. 37.50 Following fire apparatus; stopping within block of fire. It
shall be unlawful for the operator of a vehicle, to follow closer
than five hundred feet of any fire appar.tus traveling in response to a fire
alarm, or to drive into or stop any vehicle within the block where fire appar-
atus has stopped in answer to a fire alarm.
Sec. 37.51
or private
consent of
in command
Crossing fire hose. No vehicle shall he driven over any unpro-
tected hose of the fire department when laid down on any street
driveway, to be used at any fire or alarm of fire, without the
the chief of the fire department or fire department official
Sec. 37.52 Vehicles shall not be driven on sidewalks. The operator
of a vehicle shall not drive within any sidewalk area
except at a permanent or temporary driveway.
Sec. 37.53 Riding on motorcycles. A person operating a motorcycle shall
not ride other than upon the permanent and regular seat
attached thereto or carry any other person,nor shall any other person
ride upon such motorcycle other than upon a firmly attached seat to the
rear or side of the operator.
Sec. 37.54 Clinging to moving vehicles. It shall be unlawful for any
person traveling upon any bicycle, motorcycle, coaster, roller
skates, or any toy vehicle to cling to or attach himself or his vehicle
to any other moving vehicle upon the roadway.
Sec. 37.55 Unlawful riding generally. It shall be unlawful for any
person to ride on any vehicle upon any portion thereof not
designed or intended for the use of passengers when the vehicle is in
motion. 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.
Sec. 37.56 Boarding or alighting from vehicles. It shall be unlawful
for any person to board or alight from any vehicle while
such vehicle is in motion.
Sec. 37.57 Shrubbery, etc. -Obstruction of view at intersection. It shall
be unlawful for any person to permit shrubbery or any other
growth to grow upon or maintain the same upon any parcel of land at the
intersection of any highways so that the same will obstruct the view of the
driver or operator of any vehicle approaching such intersection from
another street or roadway.
Sec. 37.58 Emerging from alley or private drivel,*ay. The operator of a
vehicle emerging from an alley, driveway or garage shall stop
such vehicle immediately prior to driving onto a sidewalk or unto the
sidewalk area extending across any alleyway.
Sec. 37.59 Driving through safety zone prohibited. It shall be unlawful
for the operator of a vehicle at any time to drive the same
over or through a safety zone as defined in this chapter.
Sec 37.60 Driver's license required. Every operator of a motor vehicle
shall have his state operator's or chauffeur's license in his
immediate possession at all times .then operating a motor vehicle, and shall
display same upon demand of any police officer of the city; provided
however, that no person charged with violation of this section shall be
convicted if he produces in court an operator's or chauffeur's license
theretofore issued to him and valid at the time of his arrest.
Sec. 37.61 Drivers in a procession. Each driver in a funeral or other
procession shall drive as near to the right-hand edge of the road-
way as practicable- and shall follow the vehicle ahead as close as is
practicable and safe.
Sec. 37.62 When permits required for parades and processions. No pro-
cession or parade, except funerals and excepting the forces of
the United States, the forces of this State, and the forces of the police
and fire departments, 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.
Sec. 37.63 Emerging from vehicle. The driver or passenger of a vehicle
shall not emerge from said vehicle unless such movement can be
made with reasonable safety and without interfering with other traffic.
Sec. 37.64 Reckless Driving. It shall be unlawful for any person to drive
any vehicle in wilful or wanton disregard for the safety of
persons or property.
Sec. 37.65 Driving while under the influence of intoxicating liquor or
narcotic drugs. It is unlawful fcr any person who is an
habitual user of narcotic drugs or any person who is under the influence of
intoxicating liquor or narcotic drugs, when affected to the extent that his
or her normal faculties are impaired, to drive or be in the actual physical
control of any vehicle.
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ARTICLE X Pedestrians,
Sec. 37.66 Pedestrians subject to traffic -control signals.'' Pedestrians shall
be Subject to traffic -control signals as heretofore declared in
this chapter, but at all other places pedestrians shall be granted those rights
and be subject to the restrictions stated in this article.
Sec. 37.67 Pedestrians' right-of-way in 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 the pedestrian is
upon the half of the roadway upon which the vehicle is traveling, or when the
pedestrian is approaching so closely from the opposite half of the roadway as to
be in danger, but no pedestrian shall suddenly leave a curb or other place of
safety and walk or run into the path of a vehicle, which is so close that it is
impossible for the driver to yield.
(B) Whenever any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection to permit a pedestrian to cross the
roadway, the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle.
Sec. 37.68 Pedestrians to use right half of crosswalk. Pedestrians shall
move, whenever practicable, upon the right half of crosswalks.
Sec. 37.69 Crossing at right angles. 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.
Sec, 37.70 When pedestrian shall yield. Every pedestrian crossing a roadway
at any point other than within a marked crosswalk or within an un-
marked crosswalk at an intersection shall yield the ri:ht-of-way to all vehicles
upon the roadway.
Sec. 37.71 Pedestrians walking; along; roadways. (A) Where sidewalks are pro-
vided it shall be 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 practicable walk only on the left side of the
roadway or its shoulder facing traffic which may approach from the opposite
direction,
(C) No person shall stand in a roadway for the purpose of solicit-
ing a ride from the driver of any velelcle.
Sec, 37.72 Drivers to exercise due care. Notwithstanding the foregoing pro-
visions of this article every driver of a vehicle 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 upon a roadway.
Sec. 37.73 Use of white, etc., canes by the blind or partially blind. It
shall be unlawful for any person, except pedestrians wholly or
partially blind, to carry or use on the public streets of the city, any cane or
walking stick which is white in color, or white with a red end. Canes or walk-
ing sticks as herein described may be used on the streets and other places of
the city by pedestrians wholly or partially blind, as a means of protecting them
and for the purpose of identifying them to drivers and operators of vehicles and
other pedestrians with whom they come in contact on such streets and public
places.
Sec. 37.74 Procedure upon approaching persons using white, etc_, canes. A115-
driver
rrydriver of a vehicle, operator of a motor -driven vehicle, rider of a
motorcycle or bicycle, or pedestrian who is not wholly or partially blind, ap-
proaching or coming in contact with a person wholly or partially blind carrying
a cane or walking stick white color or white with red end, shJ1 immediately
come to a full stop and tai:e, precautions before proceeding as may be necessary
to avoid accident or injury to the person so carrying a white cane or walking
stick.
ARTICIE XI Bicycles,
Sec 37.75 Effect of regulations, (A) It shall be unlawful for any person to
do any act forbidden or fail to perform any act required in this
article.
(B) The parent of any child and the guardian of any ward shall not
authorize or knowingly permit any such child or ward to violate any of the pro-
visions of this article. (C) These regulations applicable to bicycles shall
apply whenever a bicycle is operated upon any street or upon any public path
set aside for the exclusive use of bicycles, subject to those exceptions
stated herein.
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Sec. 37.76 Traffic laws apply to persons riding bicycles. Every person
riding a bicycle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable to the driver
of a vehicle by the laws of this State declaring rules of the road
applicable to vehicles or by the traffic code of this city applicable to
the driver of a vehicle, except as to special regulation in this article
and except as to those provisions of laws and ordinances which by their
nature can have no application.
Sec. 37.77 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 that no
right or left turn is permitted, no person operating a bicycle shall
disobey the direction of any 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 pedestrians.
Sec. 37.78 Riding on bicycles. (A) A person propelling a bicycle shall
not 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.
Sec. 37.79 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 one proceeding in the same direction.
(B) Persons riding bicycles upon a roadway shall not ride more
than tt•Jo abreast except on paths or parts of roadways set aside for the
exclusive use of bicycles.
(C) Whenever a usable path for bicycles has been provided
adjacent to a roadway bicycle riders shall use such path and shall not use
the roadway.
Sec. 37.80 Speed. No person shall operate a bicycle at a speed greater
than is reasonable and prudent under the conditions then
existing.
Sec. 37.81 Emerging from alley or driveway. The operator of a bicycle
emerging from an alley, driveway or building shall upon
approaching a sidewalk or the sidewalk area extending across any alleyway,
yield the right-of-way to all pedestrians approaching on said sidewalk or
sidewalk area, and upon entering the roadway shall yield the right-of-way
to all vehicles approaching on said roadway.
Sec. 37.82 Clinging to vehicles. No person riding upon any bicycle shall
attach the same or himself to any street car or vehicle upon a
roadway.
Sec. 37.83 Carrying articles. No person operating a bicycle shall carry
any package, bundle, or article which prevents the rider from
keeping at least one hand upon the handle bars.
Sec. 37.84 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 a building or at the curb, in such manner
as to afford the least obstruction to pedestrian traffic.
Sec. 37.85 Riding on Sidewalks. (A) No person shall ride a bicycle upon
a sidewalk within a business district.
(B) The chief of police is authorized to erect 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 any pedestrian.
- 13 -
Sec. 37.86 Lamps and other equipment on bicycles. (A) Fvery bicycle when
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 500 feet
to the frontand with a red reflector on the rear of a type which shall be
visible from all distances from 50 feet to 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 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
at least 100 feet, except that a bicycle shall not be equipped with nor shall
any persons use upon a bicycle any siren or whistle.
(C) Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheel skid on dry, level, clean pavement.
ARTICLE XII Method of Parking.
Sec. 37.87 Stopping prohibited in specified places; exceptions. It shall be
unlawful for the operator of a vehicle to stop, stand or park
such vehicle in any of the following places, except when necessary to avoid
conflict with other traffic or in compliance with the direction of a police
officer or traffic control sign or signals.
(A) Within an intersection.
(B) On a crosswalk.
(C) Between a safety zone and the adjacent curb or within twenty feet
of a point on the curb immediately opposite the end of a safety zone, unless
the chief of police shall indicate a different length by signs.
(D) Within fifteen feet of the driveway entrance to any fire station,
or directly across the street from such entrance.
(F) Within ten feet of a fire hydrant.
(F) In front of a private driveway.
(G) Cn a sidewalk.
(H) (a) Upon any bridge or other elevated structure upon a highway
or within a highway tunnel;
(b) At any place where official signs prohibit stopping.
(I) It shall be unlawful for any person to park a vehicle in any alley
within the city, excepting for the purpose of loading and unloading said
vehicle, and in no event shall said vehicle remain parked for a period longer
than fifteen minutes.
(J) It shall be unlawful to park, or to cause or permit to be parked,
a motor vehicle upon any street or other public way in the city for a contin-
uous period of time longer than the legal parking time designated by official
traffic signs or signals posted upon such street or way.
(K) Alongside or opposite any street excavation or obstruction when
stopping, standing or parking would obstruct traffic.
Sec. 37.88 Portion of roadway to be left clear for traffic. It shall be
unlawful for any operator to stop, stand or park any vehicle in
such a manner or under such conditions as to leave available less than ten
feet of the width of the roadway for the free movement of vehicular traffic,
except that this provision shall not apply to the operator of a vehicle stopped
momentarily during the actual loading or unloading of passengers if such
stopping does not actually impede traffic, nor shall it apply to a necessary
stop in obedience to traffic regulations or traffic signs or signals or a
police officer.
Sec. 37.89 Parking for certain purposes prohibited. No person shall park
a vehicle upon any roach ay for the purpose of :
(A) Displaying such vehicle for sale.
(B) Washing, greasing, or repairing such vehicle except repairs
necessitated by an emergency.
- 1)1-
Sec. 37.90 Loading zones. (^) it shall be unlawful for the operator of
a vehicle to stop, stand or park such vehicle for a period of
time longer than is necessary for the actual loading or unloading of passen-
gers, in any place marked as a passenger zone.
(B) It shall be unlawful for the orerator of a vehicle to stop, stand
or park such vehicle for a period of time longer than is necessary for the
actual loading or unloading of passengers, or for the unloading and delivery
or pick up and loading of materials, in any place marked as a loading zone.
(C) The chief of police, with the approval of the city manager., shall
have authority to determine the location of passenger zones and loading zones
as described herein, and shall erect and maintain appropriate signs indicating
the same.
Sec. 37.91 Rus stops and taxicab stands -- Use of by other vehicles. It
shall be unlawful for the operator of eny vehicle other than
a bus to stand or park in an officially designated bus stop, or for any veh-
icle other than a taxicab to stand or park in an officially designated taxicab
stand, except that the operator of any passenger vehicle may temporarily stop
in any such stop or stand for the purpose of andwhile actually engaged in the
loading snd unloading of passengers.
Sec. 37.92 Bus stops and tixicab stands, -- Use of by taxicabs and busses.
It shall be unlawful for the operator of any bus or taxicab to
stand or park upon any street in any business district at any place other than
at a bus stop, or taxicab stand, respectively, except that this provision
shall not prevent the operator of any such vehicle from temporarily stopping
in accordance with other parking regulations at any place for the purpose of,
and while actually engaged in,i.oading or unloading passengers.
Sec. 37.93 Yethod of parkinq;,loadinr and unloading permit. (A) except
when necessary in obedience to traffic regulations or traffic
signs or signals, the operator of a vehicle shall not stop, stand or park
such vehicle in a roadway other than parallel with the edge of the roadway,
on the right side of the street, headed in the direction of traffic, and with
the curbside wheels of the vehicle within one foot of the edge of the roadway,
except as otherwise provided in this section.
(a) Upon those streets which have been marked or signed for angle
parking, vehicles shall be parked at the angle to the curb indicated •
by such marks or signs.
(h) In places where, and at hours when,stopping for the loading or
unloading of merchandise or materials is permitted, vehicles used for
the transportation of merchandise or materials may hack into the curb
to take on or discharge loads, when the owner of such vehicles holds
a permit granting him such special privilege, and provided further,
that such permit shall be either in possession of the operator or on
the vehicle at the time such vehicle is backed against the curb to
take on or discharge a load, and it shall beunlawful for any owner or
operator to violate any of the special terms or conditions of any
such special permit.
(B) The chief of police, with the approval of the city manager, shall
determine upon what streets angle parking shall be permitted and shall mark
or sign such streets or cause the same to be marked or signed.
(C) The chief of police, with the approval of the city manager, is
hereby authorizedto issue to any owner of a vehicle used to transport mer-
chandise or materials, a special permit, renewable annually, and to state
therein the terms and conditions thereof, allowing the operator of such vehicle
the privilege of loading and unloading while the vehicle is backed against
the curb, if in the opinion of the chief of police such privilege is reason-
ably necessary in the conduct of the owner's business and will not seriously
interfere with traffic.
Sec. 37.94 Unattended vehicles. No person having control or charge of
a motor vehicle shall allow such vehicle to stand on any street
unattended without stopping the motor of such vehicle, and when standing
upon a perceptible grade, without turning the front wheels of such vehicle to
the curb or side of the street or highway.
—15—
ARTICLP XIII Parking 'ieters.
Sec. 37.95 Definitions. For the purpose of this article the words defined
in this section shall have the following meanings:
(A) Vehicle Shall mean any device in, upon or by which any
person or property is or may be transported upon a highway, except a device
which is operated upon rails or tracks.
(B) Street Shell mean any public street, avenue, road, boulevard,
highway, municipal public parking area, or other public place located in the
city and established for the use of vehicles.
(C) Operator Shall mean and include every individual who shall
operate a vehicle as herein defined.
Scc. 37.96 Authority generally of city maneger. (A) The city manager is
authorized and directed to establish, as traffic conditions may
require, zones to be known as "marking meter zones" upon such streets in the
city as he shall select for the location of such zones, and to cause barking
meters to be installed and parking meter spaces to be designated as herein-
after provided, and shall fix the time limitation for legal parking in such
zones and spaces. The city manager, from time to time, may add to, change
or abandon such parking meter zones. In selecting, changing or abandoning
such parking meter zones, the city manager shall be guided and governed by
location, amount of traffic, the demand for barking space, the congestion
of traffic, the use of the street end any other conditions which may be
existent.
(B) The city manager may provide for the installation, regu-
lation, control, operating and use of parking meters provided for in this
article and shall maintain such *peters in good workable condition.
Sec. 37.97 Protection and maintenance. The city manager shall take steps
for the protection and maintenance of such parking meters as
may be necessary to maintain the same in good operating condition and to
pay for such protection and maintenance exclusively from the receipts,
funds and revenues received from the operation of such barking meters.
Sec. 37.9g Installation and operation. Parking meters installed in the
parking meter zones an:: spaces established as provided in this
article shall be placed upon or near the curb, immediately adjacent to the
individual parking spaces hereinafter described. Each parking meter shall
be placed or set in such manner as to show or display by a signal that the
parking space adjacent to such meter is or is not legally in use. Each
parking meter installed shall indicate by a proper legend the legal parking
time established by the city manager, and when operated shall indicate on
and by its dial and pointer the duration of the period of legal parking and
on the expiration of such period, shall indicate illegal or overtime parking.
Sec. 37.99 Individual parking spaces; method of parking. (A) The chief
of police of the city is hereby instructed to have lines or
markings painted or placed upon the curb or upon the street adjacent to each
parking meter for the purpose of designating the parking space for which
such meter is to be used and each vehicle parked adjacent or next to any
parking meter shall park within the lines or markings so established. It
shall be unlawful and e violation of this article to park any vehicle across
any such line or marking or to park such vehicle in such position that the
same shall not be entirely within the area so designated by such lines or
markings.
(B) When a parking space in any parking meter zone is parallel
with the adjacent curb or sidewalk, any vehicle parked in such parking
space shall be narked so that the foremost part of such vehicle shall be
nearest to the parking meter; when a parking space in any parking meter
zone is diagonal to the curb or sidewalk, any vehicle parked in such
perking space shall be parked with the foremost part of the vehicle nearest
to such meter.
- 16 -
Sec. 37.100 How meter and space to be used; overtime parking. When any
vehicle shall be parked in any space adjacent to which a
parking meter is located in accordance with the provisions of this article,
the operator of such vehicle shall, upon entering the parking space,
immediately deposit, or cause to be deposited, in such parking meter, a
coin of the United States, of a denomination specified upon the face or
back of such parking meter. Upon the deposit of such coin and the placing
of such meter in operation, the parking space may be lawfully occupied by
such vehicle during the period of parking time which has been prescribed on
such parking meter for the specified denomination of coin deposited therein.
If such vehicle shall remain parked in any such parking space beyond the park-
ing time limit indicated for such parking space, or if the parking meter
shall, by its dial and pointer, indicate such illegal parking, such vehicle
shall then be considered as parked overtime and beyond the period of legal
parking time and the parking of a vehicle overtime or beyond the period of
legal parking time in any such part of a street where any such meter is
located, shall be a violation of this article and shall be punishable as
hereinafter provided.
Sec. 37.101 Use of slugs, etc., prohibited. It shall be unlawful and a
violation of the provisions of this article to deposit or
cause to be deposited in any parking meter, any slug, device or metallic
substitute for a coin of the United States as specified on such parking meter.
Sec. 37.102 Injuring or tampering with meters. It shall be unlawful and
a violation of the provisions of this article for any person
to deface, injure tamper with, open or wilfully break, destroy, or impair
the usefulness of any parking meter installed under the provisions of this
article.
Sec. 37.103 Legal parking time not to be increased. It shall be unlawful
and a violation of the provisions of this article for any
person to deposit or cause to be denosited in a parking meter a coin, slug,
device or any object for the purpose of increasing or extending the parking
time of any vehicle beyond the legal parking time which has been established
for the parking space adjacent to which such parking meter is placed.
Sec. 37.104
parking meter
for sale.
Parking vehicle for purpose of advertising it for sale. It
shall be unlawful for any person to park any vehicle in any
space for the purpose of advertising or displaying the same
Sec. 37.105 Duties of police officer in case of overtime parking.(A) It
shall be the duty of police officers of the city, acting in
accordance with instructions issued by the chief of police to issue a notice
to the violators of this article containing the following information:
(a) The number of each parking meter which indicated that the
vehicle occupying the parking space adjacent to such parking meter is or
had been parked in violation of any of the provisions of this article.
(b) The state and license number of such vehicle.
(c) The date and time at which such vehicle was seen or found
by him to be parked in violation of any of the provisions of this article.
(d) Any other facts, a knowledge of which is necessary to a
thorough understanding of the circumstances attending such violation, and
facilitate the determining of ownership of such vehicle.
($)Each such police officer shall also attach to such
vehicle a notice to the owner thereof that such vehicle has been parked
in violation of a provision of this article and instructing such owner
to report at the traffic violations bureau of the city in regard to such
violations.
Sec. 37.106 Payment of fine for overtime parking; failure to pay fine.
Each such owner receiving a notice as provided by the preceding
section may, within forty-eight hours of the time when such notice was
attached to such vehicle, pay to such traffic violations bureau as a penalty
for and in full satisfaction of such violation, the sum of one dollar. The
failure of such owner to make such payment to the traffic violations bureau
within forty-eight hours shall render such owner subject to the provisions
of Article XVIII of this chapter.
ARTICLE XIV Equipment
Sec. 37.107 Mechanical condition generally of motor vehicles. Every motor
vehicle operated or driven upon the public highways of this
city shell be provided with adequate brakes in good working order and
sufficient to control such vehicle at all times when the same is in use.
Such motor vehicle shall also during the period one-half hour after sunset
to one-half hour before sunrise display at least two lighted lamps on the
front and one on the rear of such vehicle, while in operation. Such lamps
on the front of such vehicle shall be provided with dimmers of non -glaring
character, which dimmers shall be used at all times during such period when
the vehicle is in operation. It shell be unlawful for any person to operate
any motor vehicle, or for the owner of any motor vehicle to cause or
knowingly permit the operation of such motor vehicle upon any public street
in the City, which vehicle does not comply with and conform to the require-
ments of this chapter as to mechanical condition and inspection.
Sec. 37.105 Lamp or flag on projecting load. Whenever the load on any
vehicle shall extend more than four feet beyond the rear of
the bed or body thereof, there shall be displayed at the end of such load
in such position as to be clearly visible at all times from the rear of such
vehicle, a red flag not less than sixteen inches both in length and width,
except that between one-half hour after sunset and one-half hour before
sunrise there shall be displayed at the end of such load e red light plainly
visible under normal atmospheric conditions at least five hundred feet from
the rear of such vehicle.
Sec. 37.109 Horns and warning devices. (A) Every motor vehicle when
operated upon a roadway in this City shall be equipped with a
horn in good working order capable of emitting sound audible under normal
conditions from a distance of two hundred feet or more, and it shall be
unlawful, except es otherwise provided in this chapter, for any vehicle to
be equipped with or for any person to use upon a vehicle any siren, or any
compression or spark plug whistle, or to use any exhaust horn or whistle
which does not produce a harmonious sound, or for any person at any time to
use a horn otherwise than es e reasonable warning, or to make an unnecessary
or unreasonably loud or harsh sound by means of a horn or other warning
device.
(B) Every authorized emergency vehicle shall be equipped with
a bell siren or exhaust whistle of a type approved by the chief of police.
Sec. 37.110 Prevention of noise, smoke, etc.; muffler cutout regulated.;
sifting or leaking loads. (A) No person shall drive a motor
vehicle on any roadway in the city unless such motor vehicle is equipped wit'
a muffler in good working orcler and in constant operation to prevent
excessive or unusual noise and annoying smoke.
(B) It shall be unlawful to use a muffler cutout on any
motor vehicle on a roadway.
(0) No vehicle shall be driven or moved on any roadway unless
such vehicle is so constructed or loaded as to prevent its contents from
dropping, sifting, leaking or otherwise escaping therefrom.
ARTICLE XV Inspection of Motor Vehicles.
Sec. 37.111 Semi-annual inspection required. The owners of all motor
vehicles operated upon the public streets and highways of
the city shall present such motor vehicles at least once every six months
at a place designated by the police department for the purpose of having
the vehicles inspected by members of the police department.
- 1S-
Sec. 37.112 Certificate. When by the inspection it is determined that a
motor vehicle complies with the requirements of this article,
a certificate shall be issued by the police department and attached to the
windshield of the vehicle. The issuance of a certificate, however, shall
not affect the right of the police department or any member thereof to
inspect the vehicle at all times under the provisions of this Code.
Sec. 37.113 Defective vehicles; reinspection. If a motor vehicle when
presented for inspection is found to be defective, the owner
of the vehicle shall be allowed one week from the date of the inspection
to make necessary adjustments or repairs and at the end of the week shall
present the vehicle for reinspection.
Sec. 37.114 Requirements to be fulfilled to pass inspection. To entitle
the owner of a motor vehicle to the certificate provided for
herein, each motor vehicle shall fulfill the following requirements:
(A) The headlights and tail lamps shall meet the requirements
of the statutes of the State of Florida.
(3) Every motor vehicle shall be equipped with brakes as
required by the statutes of the State of Florida.
(0) The windshield of every motor vehicle shall be equipped
with a device for cleaning rain, snow or other moisture from the windshield,
which device shall be so constructed as to be controlled or operated by the
driver of the vehicle and shall be maintained in good working order.
(D) Every motor vehicle shall be equipped with horns or other
warning devices as required by the statutes of the State of Florida.
required by
required by
(E) Every motor vehicle shall be equipped with a muffler as
the statutes of the State of Florida.
(F) Every motor vehicle shall be equipped with a mirror as
the statutes of the State of Florida.
(G) The steering mechanism of every motor vehicle shall be
adjusted so that the steering wheel play shall not exceed fifteen degrees.
The steering arms, tie rod and drag link shall be thoroughly and firmly
secured.
Sec. 37.115 Inspection Fee. A fee of one dollar ($1.00) shall be charged -for
each certificate issued and such fee shall be paid by the person
in charge of the vehicle at the time of application for inspection and
issuance of the certificate.
Sec. 37.116 Payment of fine for delinquent or no inspection certificate.
Each owner of a vehicle receiving a notice that said vehicle
has a delinquent or no inspection certificate may, within 4S hours of the
time when such notice was attached to such vehicle, pay to the traffic
violations bureau as a penalty for and in full satisfaction of such violation
the sum of one dollar ('1.00). The failure of such owner to make such pay -
tent to the traffic violations bureau within forty-eight hours shall render
such owner subject to the provisions of Article XVIII of this chapter.
ARTICLE XVI Abandoned ,'rotor Vehicles.
Sec. 37.117 Declared to be nuisances. Automobiles and trucks abandoned
upon private or public property are hereby defined as nuisances
and detrimental to the safety, convenience and welfare of the inhabitants
of the city.
Sec. 37.115 Authority to impound vehicles. i.:embers of the police department
are hereby authorized to remove a vehicle from a street or high-
way to the nearest garage or other place of safety, or to a garage designated
or maintained by the police department, or otherwise maintained by this city
under the circumstances hereinafter enumerated:
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(A) When any vehicle is left unattended upon any bridge, viaduct,
or causeway, or in any tube or tunnel where such vehicle constitutes an
obstruction to traffic.
(B) When a vehicle upon a highway is so disabled as to constitute
en obstruction to traffic and the person or persons in charge of the vehicle
are by reason of physical injury incapacitated to such an extent as to be
unable to provide for its custody or removal.
(C) When any vehicle is left unattended upon a street for a period
in excess of 72 hours.
(D) When any vehicle is parked illegally, so as to constitute a
definite hazard or obstruction to the normal movement of traffic.
Sec. 37.119 Storage place; lenth of time retained. The city manageris hereby
directed to provide a storage place where automobiles and trucks
seized under the provisions of this article may be stored by the chief of
police and retained and kept fcr a period of twenty days from the date of
seizure thereof.
Sec. 37.120 Efforts to find owner; release to owner. During such period
of twenty days after the seizure of any such automobile or truck
the chief of police shall make reasonable efforts to notify the owner of any
such automobile or truck that the same is being retained under the provisions
of this article and the chief of police shall, during such period of twenty
days, permit the owner thereof to have possession thereof upon proof of owner-
ship and upon payment of reasonable storage and cost charges, in connection
with the seizure and storage of such automobile or truck, which such charges
and costs shall be fixed by the city manager.
Sec. 37.121 Notice of sale. After the expiration of such period of twenty
days, the city manager shall sell any such automobile or truck
not claimed and recovered by the owner thereof, as permitted by Section
37.120 of this Code, and such sale shall be a public sale, held at the place
of storage of such automobile or truck, after ten days' notice in writing
to the owner, if he can be found, or by advertising once in a newspaper of
general circulation in the city, which advertisement shall appear not more
than ten days nor less than five days prior to the date of such public sale.
Sec. 37.122 Disposition generally of proceeds of sale. Out of the proceeds
of the sale of any such automobile or truck the costs and
storage shall be first paid and any balance of the sale price remaining shall
be retained by the city in a mDeciel fund, for a period of one year, during
which time the owner of any automobile or truck sold under the provisions
hereof shall be entitled to receive from the city the proceeds of the sale of
any such automobile or truck, over and above the costs and storage paid as
hereinabove set forth; provided, any such owner shall prove his ownership of
the automobile or truck so sold in a manner satisfactory to the city manager.
Sec. 37.123 Proceeds of sale to belong to city after one year. After the
expiration of one year after the sale of any such automobile or
truck, as hereby provided, any sums arising from the sale thereof and retained
by the city as hereinabove provided for and which remain unclaimed by the
owner of any such automobile or truck so sold shall be transferred to the
general fund of the city.
ARTICLE XVII Traffic Violations Bureau.
Sec. 37.12+ Traffic violations bureau created.(A) A traffic violations
bureau is hereby established to assist the court with the
clerical work of traffic cases. The bureau shall be in charge of such person
or persons, and shall be open at such hours, as the city manager may designate.
The personnel of such bureau shall be selected in the manner provided by the
Civil Service Act.
(B) The judge or judges who hear traffic cases, shall, with the
approval of the city manager, designate the specified offenses under the
traffic code of this city and the state traffic laws in respect to which
payments of fines may be accepted by the traffic violations bureau in satis—
faction thereof and shall specify by suitable schedules the amounts of such
fines and shall further specify what number of such offenses shall require
appearance before the judge.
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Sec. 37.125 When person charged may elect to appear at bureau or before
judge. (A) Any person charged with an offense for which
payment of a fine may be made to the traffic violations bureau shall have
the option of paying such fine within the time specified in the notice of
arrest at the traffic violations bureau upon entering a plea of guilty
and upon waiving appearance in court; or may have the option of depositing
required lawful bail and shall be entitled to a trial as authorized by law.
(B) The payment of a fine to the bureau shall be deemed an
acknowledgment of conviction of the alleged offense, and the bureau, upon
accepting the prescribed fine, shall issue a receipt to the violator
acknowledging payment thereof.
Sec. 37.126 Duties of traffic violations bureau. The following duties are
hereby imposed upon the traffic violations bureau in reference
to traffic offenses.
(A) It shall accept designated fines and issue receipts
therefor.
(B) It shall receive and issue receipts for
persons who must or wish to be heard in court, enter the
appearance on the court docket, and notify the arresting
witnesses, if any, to be present.
cash bail from the
time of their
officer and
(C) It shall keep an easily accessible record of all moving
violations of which each person has been guilty during the preceding 12
months, whether such guilt was established in court or in the traffic
violations bureau.
Sec. 37.127 Traffic violations bureau to keep records. The traffic
violations bureau shall keep records and submit summarized
daily reports to the chief of police, municipal judge and the city manager
of all notices issued and arrests made for violations of the traffic laws
and code in this city and of all the fines collected by the traffic
violations bureau or the court, and of the final disposition or present
status of every case of violation of the provisions of said laws and code.
Such records shall be so maintained as to show all types of violations
and the totals of each. Such records shall be public records.
Sec. 37.128 Additional duties of traffic violations bureau. The traffic
violations bureau shell follow such procedure as may be
prescribed by the traffic code.
ARTICLE; XVIII Penalties and Procedure on arrest.
Sec. 37.129 Penalties. Unless another
every person convicted of
Chapter shell be punished by a fine of
($1000.00), or by imprisonment for not
both such fine and imprisonment
Penalty is expressly provided by law,
a violation of any provision of this
not more than one thousand dollars
more than ninety (90) days, or by
Sec. 37.130 Forms and notices of arrest or appearance. There shall be
provided in quadruplicate suitable serially numbered forms
for notifying violators to appear and answer to charges of violating traffic
laws and this code. Such forms shall be issued to and receipted for by the
chief of police or other person acting for him. The traffic violations
bureau shall each day report to the city manager, chief of police and
municipal judge the disposal made by the police of all quadruplicate forms
issued to them. For purpose of audit, the city clerk or his representative
shall have access to the necessary records of the police department, the
municipal court, and the traffic violations bureau. These reports shall
be public records.
Sec. 37.131 Procedure upon arrest. Except when authorized or directed by
the municipal judge or under state law to immediately take a
person arrested for a violation of any of the traffic laws before a
magistrate, any police officer, upon making an arrest for violation of the
state traffic laws or traffic code of this city, shall take the name,
address, and operator's license number of the elleged violator, the
registered number of the motor vehicle involved, any other necessary infor—
mation available; and shall issue to him in writing a notice to answer to
the charge against him at a place, and at a time within 48 hours after such
arrest, to be specified in the notice. The officer, after serving a copy
of said notice upon the violator shall release such person from custody.
—�1—
Sec. 37.132 Notice on illegally parked vehicle. Whenever any motor vehicle
without driver is found parked or stopped in violation of any
of the restrictions imposed by ordinance of this city or by state law, the
officer finding such vehicle shall take its registration number and shall
take any other information displayed on the vehicle which may identify its
user, and shall conspicuously affix to such vehicle a notice in writing for
the driver to answer to the charge against him within 48 hours and at a
Place specified in the notice.
Sec. 37.133 Failure to comply with notice attached to parked vehicle.
If the violator of the restrictions on stopping, standing, or
parking under the traffic laws of this code does not appear in response to
a notice affixed to such motor vehicle within a period of 4S hours, the
traffic violations bureau shall send to the owner of the motor vehicle to
which the notice was affixed a letter informing him of the violation and
warning him that in the event such letter is disregarded for a period of
48 hours a complaint will be filed and 'arrant of arrest issued.
Sec. 37.134 Presumption in reference to illegal parking. (A) In any
prosecution charging a violation of any law or regulation
governing the standing or parking of e vehicle, proof that the particular
vehicle described in the complaint was perked in violation of any such law
or regulation, together with proof that the defendant named in the complaint
was at the time of such parking the registered owner of such vehicle, shall
constitute in evidence prima facie presumption that the registered owner of
such vehicle was the person who parked or placed such vehicle at the point
where, and for the time during which, such violation occurred.
(3) The foregoing stated presumption shall apply only when the
procedure es prescribed in sections 37.132 and 37.133 has been followed.
Sec. 37.135 When complaint to be issued. In the event any person fails to
comply with a notice given to such person or attached to a
vehicle or fails to make an appearance pursuant to a summons directing an
appearance in the municipal court or traffic violrtions bureau, or if any
person fails or refuses to deposit bail Ps required and within the time
permitted by this Cnapter, the clerk of the municipal court shall forthwith
have a complaint entered against such person and issue a warrant for his
arrest.
Sec. 37.136 E?ch such owner receiving a notice as provided by section
37.132 may, within forty-eight hours of the time when such
notice was attached to such vehicle, pay to such traffic violations bureau
as a penalty for and in full satisfaction of such violation, the sum of
one dollar (S1.00). The failure of such owner to make such payment to the
traffic violations bureau within forty-eight hours shall render such owner
subject to the penalties provided by sections 37.129 and 37.133
Sec. 37.137 Offenders may be required to appear in court. In any violation
of this Chapter as set forth herein, the city may refuse to
accept the payment of a fine under the terms and provisions of this Article
and instead, require. the offender to appear in municipal court for trial.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SPCTION 3: That this ordinance shall go into effect immediately upon its passage
and posting as required by law.
PASSED and ADOPTED this 25th day of March, A.D. 1953.
ATTEST:
City Clerk
1st reading -
2nd reading -
3rd reading -
POSTT'D -
March 11, 1953
March 11, 1953
March 25, 1953
March 26, 1953
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Mayor
STATE OF FLORIDA
COUNTY OF DADE:
I, C. W. TOMLINSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance
No. 1041, entitled: "AN ORDINANCE AMENDING SECTIONS 37.1 TO
37.108 INCLUSIVE OF CHAPTER 37 OF 'THE CODE OF THE CITY OF
MIAMI BEACH 1950'", having been passed and adopted by the City
Council of the City of Miami Beach, Florida, has been posted
by me in three conspicuous places in the City of Miami Beach,
one of which was at the door of the City Hall in said City on
the 26th day of March, A. D. 1953, and that said Ordinance
remained posted for a period of at least thirty days in accord-
ance with the requirements of the City Charter of the said
City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 6th day of May, A. D. 1953.
City Clerk
ORDINANCE NO.
Traffic Code)