TRAFFIC AND MOTOR VEHICLES (2026)
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Chapter 16
TRAFFIC AND MOTOR VEHICLES
Article I.
In General
Sec. 16-1.
Sec. 16-2.
Sec. 16-3.
Sec. 16-4.
Sec. 16-5.
Definitions.
Violation of chapter; penalties.
Construction of chapter relative to operation of vehicles.
Application of chapter to public employees; exceptions.
Application of chapter to persons riding animals or driving
animal-drawn vehicles.
Sec. 16-6.
Chapter not to interfere with rights of owners of real property.
Sec. 16-7.
Failure to comply with police officer.
Sec. 16-8.
Authorized emergency vehicles.
Sec. 16-9.
Driver's duty when approaching horse or livestock.
Sec. 16-10.
Injuring, unlawfully starting, using or preventing use of vehicles.
Sec. 16-11.
Placing or allowing dangerous articles on highway.
Sec. 16-12.
Crossing fire hose.
Sec. 16-13.
Effective date; savings clause.
Secs. 16-14—16-30. Reserved.
Article II.
Registration, Licensing and Inspection
Sec. 16-31.
Registration of motor vehicle required; exceptions.
Sec. 16-32.
Registration violations.
Sec. 16-33.
Driver license required; penalty.
Sec. 16-34.
License to operate motorcycle or motor-driven cycle; exception.
Sec. 16-35.
Restricted licenses.
Sec. 16-36.
Possession and display of driver license.
Sec. 16-37.
Unlawful use of license.
Sec. 16-38.
Permitting unauthorized person to drive.
Sec. 16-39.
Permitting unauthorized minor to drive; liability therefore.
Sec. 16-40.
Driving on suspended license.
Sec. 16-41.
Reserved.
Sec. 16-42.
Inspection by Community officers.
Sec. 16-43.
Owner or driver to comply with inspection provisions.
Sec. 16-44.
Annual inspection of school buses.
Secs. 16-45—16-50. Reserved.
Sec. 16-51.
Sec. 16-52.
Sec. 16-53.
Sec. 16-54.
Sec. 16-55.
Sec. 16-56.
Sec. 16-57.
Sec. 16-58.
Sec. 16-59.
Sec. 16-60.
Sec. 16-61.
Sec. 16-62.
Sec. 16-63.
Sec. 16-64.
Article III.
Equipment
Division 1.
Generally
Vehicle to be in good working order.
Vehicle to comply with article; exceptions.
Special requirements for motorcycles and motor-driven cycles.
Brakes.
Horns and audible warning devices.
Mufflers and air pollution control devices.
Mirrors.
Windshields.
Tires.
Rear fender splash guards.
Prohibition against image display device.
Certain vehicles to carry flares or other warning devices.
Display of warning devices when vehicle disabled.
Vehicles transporting explosives.
CD16:1
COMMUNITY CODE OF ORDINANCES
Sec. 16-65.
Reserved.
Sec. 16-66.
Projecting loads.
Secs. 16-67—16-70. Reserved.
Division 2.
Sec. 16-71.
Sec. 16-72.
Sec. 16-73.
Sec. 16-74.
Sec. 16-75.
Sec. 16-76.
Sec. 16-77.
Sec. 16-78.
Sec. 16-79.
Sec. 16-80.
Sec. 16-81.
Sec. 16-82.
Sec. 16-83.
Sec. 16-84.
Sec. 16-85.
Sec. 16-86.
Sec. 16-87.
Sec. 16-88.
Sec. 16-89.
Sec. 16-90.
Sec. 16-91.
Sec. 16-92.
Sec. 16-93.
Sec. 16-94.
Lights, Lamps, Reflectors and Illuminating Devices
When lamps required to be lighted.
Visibility distance and mounted height of lamps.
Head lamps.
Tail lamps.
Reflectors on new motor vehicles.
Reserved.
Additional equipment required on certain vehicles.
Application of article.
Color of clearance lamps and reflectors.
Mounting of reflectors and clearance and marker lamps.
Visibility of reflectors and clearance and marker lamps.
Lights obstructed.
Parked vehicles.
Lamps on animal-drawn and other equipment or vehicles.
Spot and auxiliary lamps.
Signal lamps and devices.
Fender, running-board and backup lamps.
Multiple lighting specifications.
Multiple beam lighting equipment usage.
Single-beam lights.
Alternate road-lighting equipment.
Number of driving lamps required, permitted.
Special restrictions on lamps.
Head lamps on motor-driven cycles and ATV.
Division 3.
Seat Belt Requirements
Sec. 16-95.
Restraint use for children who are at least nine years of age.
Sec. 16-96.
Restraint use for children under nine years of age.
Sec. 16-97.
Operator and passenger seat belt use.
Secs. 16-98—16-100. Reserved.
Article IV.
Size, Weight and Load
Sec. 16-101.
Sec. 16-102.
Sec. 16-103.
Sec. 16-104.
Sec. 16-105.
Sec. 16-106.
Sec. 16-107.
Sec. 16-108.
Sec. 16-109.
Sec. 16-110.
Sec. 16-111.
Sec. 16-112.
Effect and scope.
Council's power to restrict weight of vehicles.
Liability for damage resulting from overweight load.
Width of vehicle and load.
Projecting loads on passenger vehicles.
Height and length of vehicles and loads.
Length of load projection.
Loads and covers to be secured.
Towed vehicles.
Single-axle load limit.
Gross weight of vehicles and loads.
Community officers authorized to stop vehicles, weigh and require removal of excess weight.
Sec. 16-113.
Permit for excess size and weight.
Secs. 16-114—16-120. Reserved.
Article V.
Sec. 16-121.
Traffic-Control Devices
Council authorized to place signs on all Community highways.
CD16:2
TRAFFIC AND MOTOR VEHICLES
Sec. 16-122.
Obedience to devices required; exceptions.
Sec. 16-123.
Signal legend.
Sec. 16-124.
Flashing signals.
Sec. 16-125.
Stop signs and yield signs.
Sec. 16-126.
Reserved.
Sec. 16-127.
Pedestrian control signals.
Sec. 16-128.
Construction or road work site warning devices.
Sec. 16-129.
Injuring, defacing, traffic-control or warning signs.
Secs. 16-130—16-140. Reserved.
Article VI.
Operation of Vehicles
Division 1.
Generally
Sec. 16-141.
Operation of vehicles by nonmembers on land other than
Community roadways.
Sec. 16-142.
Driving on right side of roadway; exceptions.
Sec. 16-143.
Driving on roadways laned for traffic and rotary traffic islands.
Sec. 16-144.
Driving on divided highways.
Sec. 16-145.
Drivers on controlled access roadways to use only authorized
entrances and exits.
Sec. 16-146.
Driving on mountain highways.
Sec. 16-147.
Moving parked vehicle.
Sec. 16-148.
Motorcycle, motor-driven cycle, and ATV riders and passengers
to ride only on designated seats.
Sec. 16-149.
Operation of vehicles upon approach of authorized emergency
vehicle.
Sec. 16-150.
Operation of vehicle upon approach of school bus.
Sec. 16-151.
Following too closely.
Sec. 16-152.
Coasting prohibited.
Sec. 16-153.
Turning movements; signals required.
Sec. 16-154.
Signals by hand and arm or device.
Sec. 16-155.
Method of giving hand and arm signals.
Sec. 16-156.
Required position and method of turning at intersections.
Sec. 16-157.
Turning on curve or crest of grade prohibited.
Sec. 16-158.
Backing.
Sec. 16-159.
Obstruction of driver's view or interference with driver's control
of vehicle prohibited.
Sec. 16-160.
Texting while driving prohibited.
Secs. 16-161—16-170. Reserved.
Division 2.
Right-of-Way and Passing
Sec. 16-171.
Right-of-way of vehicles entering intersection at same time;
entering freeway.
Sec. 16-172.
Right-of-way of vehicle turning left at intersection.
Sec. 16-173.
Right-of-way of vehicle entering intersection.
Sec. 16-174.
Vehicle entering highway from private road or driveway.
Sec. 16-175.
Passing vehicles proceeding in opposite directions.
Sec. 16-176.
Overtaking vehicles on the left, generally.
Sec. 16-177.
Prerequisites for overtaking on the left.
Sec. 16-178.
When driving on the left prohibited.
Sec. 16-179.
Overtaking on the right.
Sec. 16-180.
No passing zones.
Secs. 16-181—16-190. Reserved.
Supp. No. 2
CD16:3
COMMUNITY CODE OF ORDINANCES
Division 3.
Stopping, Standing and Parking
Sec. 16-191.
Sec. 16-192.
Sec. 16-193.
Sec. 16-194.
Sec. 16-195.
Vehicles to be parked or stopped off pavement if possible.
Parking, stopping, standing prohibited in specified places.
Parking within eighteen inches of curb.
Angle parking.
Community authorized to place signs prohibiting or restricting
parking, stopping and standing.
Sec. 16-196.
Parking privilege for physically disabled.
Sec. 16-197.
Removal of illegally stopped vehicles.
Sec. 16-198.
Stop required before emerging from alley or driveway.
Secs. 16-199—16-210. Reserved.
Division 4.
Speed Restrictions
Sec. 16-211.
Sec. 16-212.
Sec. 16-213.
Sec. 16-214.
Sec. 16-215.
Sec. 16-216.
Sec. 16-217.
Sec. 16-218.
Sec. 16-219.
Sec. 16-220.
Sec. 16-221.
Sec. 16-222.
Reserved.
Maximum speed limit.
Minimum speed limit.
Speed limits for motor-driven cycles and ATV's.
Speeds to be reasonable and prudent.
Speed restriction on bridges and elevated structures.
Speed limits for solid-rubber-tired vehicles.
Establishment and amendment of speed limits.
Speed limits on freeways authorized to be variable.
Racing and drag races.
Driving at speed which causes trailer to sway.
Charge of violation to specify alleged speed of violator; speed
limit not to relieve plaintiff of proving negligence.
Secs. 16-223—16-230. Reserved.
Division 5.
Driving While Under the Influence; Reckless Driving
Sec. 16-231.
Sec. 16-232.
Sec. 16-233.
Sec. 16-234.
Sec. 16-235.
Sec. 16-236.
Driving or actual physical control while under the influence.
Implied consent; tests; refusal to submit.
Driving while under the influence; procedure for giving test.
Reckless driving.
Liability for emergency responses in flood areas.
Suspension of driving privileges, reporting requirements and
ignition interlock devices.
Sec. 16-237.
Certain commercial vehicles prohibited on non-truck routes;
exceptions.
Adopted; erection of signs.
Variances.
Division 6.
Sec. 16-238.
Sec. 16-239.
Article VII.
Sec. 16-240.
Sec. 16-241.
Sec. 16-242.
Sec. 16-243.
Sec. 16-244.
Sec. 16-245.
Sec. 16-246.
Sec. 16-247.
Sec. 16-248.
Sec. 16-249.
Sec. 16-250.
Supp. No. 2
Truck Routes
Accidents
Duty to give information and render aid.
Accidents involving death or injury to a person.
Accidents involving vehicle damage only.
Duty upon striking unattended vehicle.
Duty upon striking fixtures upon a highway.
Immediate reports of certain accidents.
Reserved.
Written reports of accidents.
Reserved.
Accident report forms.
Additional penalty for failure to report.
CD16:4
TRAFFIC AND MOTOR VEHICLES
Sec. 16-251.
Auto repair shops to report.
Secs. 16-252—16-260. Reserved.
Article VIII.
Division 1.
Sec. 16-261.
Sec. 16-262.
Sec. 16-263.
Sec. 16-264.
Sec. 16-265.
Sec. 16-267.
Sec. 16-268.
Rules of Procedure for Criminal Traffic Offenses
Applicability of rules of criminal procedure for criminal traffic
cases.
Procedure for issuance of citation when officer completes personal
service.
Procedure for issuance of citation not served in person.
Division 3.
Sec. 16-269.
Sec. 16-270.
Sec. 16-271.
Sec. 16-272.
Sec. 16-273.
Sec. 16-274.
Sec. 16-275.
General Provisions for All Traffic Cases
Authority to detain.
Forms of citations.
Disposition of citations.
Record of traffic cases.
Burden of proof and consolidation of cases.
Division 2.
Sec. 16-266.
Procedure in Traffic Cases
Rules of Procedure for Civil Traffic Offenses
Sufficiency and amendment of the complaint.
Representation of parties.
Initial appearance and entry of plea.
Hearing.
Outcomes of hearing, payment of fines.
Admissions, not evidence in other matters.
Payment of fines.
Division 4.
Juvenile Traffic Offenses Provisions
Sec. 16-276.
Juvenile provisions.
Secs. 16-277—16-279. Reserved.
Division 5.
Sec. 16-280.
Appeals
Right to appeal.
Article IX.
Pedestrians' Rights and Duties
Sec. 16-281.
Right-of-way in crosswalks.
Sec. 16-282.
Crossing at other than at crosswalks.
Sec. 16-283.
Reserved.
Sec. 16-284.
Pedestrians on roadways.
Sec. 16-285.
School crossings.
Sec. 16-286.
Use of white cane.
Secs. 16-287—16-290. Reserved.
Article X.
Sec. 16-291.
Sec. 16-292.
Sec. 16-293.
Sec. 16-294.
Supp. No. 2
Abandoned and Seized Vehicles
Reserved.
Abandonment prohibited; removal; presumption.
Required report of abandoned and seized motor vehicles; violation.
Notice of sale.
CD16:5
COMMUNITY CODE OF ORDINANCES
Sec. 16-295.
Sale of vehicles.
Sec. 16-296.
Required report of towed vehicles; violations.
Secs. 16-297—16-300. Reserved.
Article XI.
Sec. 16-301.
Sec. 16-302.
Sec. 16-303.
Sec. 16-304.
Sec. 16-305.
Sec. 16-306.
Sec. 16-307.
Supp. No. 2
Bicycles and Play Vehicles
Application of provisions.
Traffic laws apply to persons riding bicycles.
Riding on roadways and bicycle paths.
Manner of riding.
Carrying articles.
Lamps and other equipment on bicycles.
Clinging to vehicles.
CD16:6
TRAFFIC AND MOTOR VEHICLES
(12) Whether the windows were up or down;
and
ARTICLE I. IN GENERAL
Sec. 16-1. Definitions.
As used in this chapter, the following terms
shall have the meanings herein ascribed to them,
unless the context requires otherwise.
Access road means a multiple use corridor that
meets all of the following criteria:
(1)
(2)
(3)
§ 16-1
Is maintained for travel by two-wheel
vehicles;
(13) Any explanation of the circumstances
shown by the evidence.
Adult means a person who is 18 years old or
older at the time of the offense.
All-terrain vehicle or ATV means a motor vehicle that satisfies all of the following:
Allows entry to staging areas, recreational facilities, trail heads and parking;
and
Is determined to be an access road by the
Community Council.
Actual physical control means under the totality of circumstances, a person is in a current or
imminent position to control the motor vehicle. In
determining whether the person was in actual
physical control of the vehicle, the totality of
circumstances should be considered to determine
whether the person's current or imminent control
of the vehicle presented a real danger to the
person or others at the time alleged or the person
was using the vehicle as a stationary shelter. In
considering the totality of circumstances, the following non-exhaustive factors may be considered:
(1)
Whether the vehicle was running;
(2)
Whether the ignition was in the on position;
(3)
Where the ignition key was located;
(4)
Where and in what position the driver
was found in the vehicle;
(5)
Whether the person was awake or asleep;
(6)
Whether the vehicle's headlights were on;
(7)
Where the vehicle was stopped;
(8)
Whether the driver had voluntarily pulled
off the road;
(9)
Time of day;
(10) Weather conditions;
(11) Whether the heater or air conditioner was
on;
(1)
Is designed primarily for recreational non
highway all-terrain travel;
(2)
Is 50 or fewer inches in width;
(3)
Has an unladen weight of 800 pounds or
less;
(4)
Travels on three or more low pressure
tires;
(5)
Has a seat to be straddled by the operator
and handlebars for steering control; and
(6)
Is operated on a public highway.
Authorized emergency vehicle means any of the
following:
(1)
A Community fire department vehicle.
(2)
A Community police vehicle.
(3)
An ambulance or emergency vehicle of a
municipal department or public service
corporation that is designated or authorized by State of Arizona or a local authority.
(4)
An ambulance or emergency vehicle that
is authorized by the United States or
federally recognized Indian Tribe.
Business days means Monday through Friday,
except Community holidays.
Clerk of the court means the administrative
professional designated by the court administrator of the Community court to perform the functions attributed to the clerk of the court pursuant
to this chapter.
Child restraint means any portable or built-in
device, except seat belts, designed for use in a
motor vehicle to restrain, seat, or position a child,
CD16:7
§ 16-1
COMMUNITY CODE OF ORDINANCES
Court means the Salt River Community Court.
and that meets or exceeds the requirements of the
applicable Federal Motor Vehicle Safety Standards (FMVSS).
Crosswalk means:
Commercial driver license means a license that
is issued to an individual and that authorizes the
individual to operate a class of commercial motor
vehicles.
Commercial motor vehicle means a motor vehicle or combination of motor vehicles used to
transport passengers or property if the motor
vehicle either:
(1)
Has a gross combined weight rating of
26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of
more than 10,000 pounds.
(2)
Has a gross vehicle weight rating of 26,001
or more pounds.
(3)
Is a school bus.
(4)
Is a bus.
(5)
Is used in the transportation of materials
found to be hazardous for the purposes of
the hazardous materials transportation
act (49 USC §§ 5101 through 5127) and is
required to be placarded under 49 CFR
§ 172.504.
Community means the Salt River PimaMaricopa Indian Community.
Controlled-access highway means a highway,
street or roadway in respect to which owners or
occupants of abutting lands and other persons
have no legal right of access to or from, except at
such points only and in the manner determined
by the Community.
Conviction means any of the following:
(1)
An unvacated adjudication of guilt or a
determination that the a person violated
or failed to comply with a law in a court of
original jurisdiction or by an authorized
administrative tribunal;
(2)
A plea of guilty or no contest accepted by
the court; or
(3)
The payment of a fine or court costs.
Council means the governing body of the Salt
River Pima-Maricopa Indian Community.
(1)
That part of a roadway at an intersection
included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs or, in absence of
curbs, from the edges of the traversable
roadway.
(2)
Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or
other markings on the surface.
Daytime means from sunrise to sunset other
than nighttime.
Default judgment means a judgment of "responsible" entered against a defendant who has failed
to plead or otherwise defend against the civil
traffic citation charges.
Driver means the person who drives or is in
actual physical control of a motor vehicle.
Drag race means the operation of two or more
vehicles from a point side by side at accelerating
speeds in a competitive attempt to outdistance
each other or the operation of one or more vehicles
over a common selected course, from the same
point, for the purpose of comparing the relative
speeds or power of acceleration of such vehicle or
vehicles within a certain distance or time limit.
Driver license means a license that is issued by
a state or a foreign government to an individual
authorizing the individual to drive a motor vehicle.
Expenses of an emergency response means reasonable costs directly incurred by public agencies,
for-profit entities or not-for-profit entities that
make an appropriate emergency response to an
incident for the purposes of section 16-235.
Explosives means any chemical mixture or device that is commonly used or intended for the
purpose of producing an explosion and that is
defined in 49 CFR part 173.
Flammable liquid means any liquid that has a
flash point of less than 100 degrees Fahrenheit
and that is defined in 49 CFR § 173.120.
CD16:8
TRAFFIC AND MOTOR VEHICLES
§ 16-1
Freeway means a divided arterial highway on
the interstate or primary system with full control
of access and with grade separations at intersections.
Juvenile or minor means a person who is less
than 18 years old and has not been emancipated
by an order of a court of competent jurisdiction
at the time of the offense.
Gross weight means the weight of the vehicle
without a load plus the weight of the load on any
vehicle except for tow trucks. For tow trucks, the
gross weight means the sum of the empty weight
in pounds of the tow truck plus the weight in
pounds of operational supplies and equipment.
Laned roadway means a roadway which is
divided into two or more clearly marked lanes for
vehicular traffic.
Highway or street means the entire width
between the boundary lines of every way publicly
maintained by the United States, State of Arizona,
county, city, town, or Community if a part of the
way is open to the use of the public for purposes
of vehicular travel.
Image display device means equipment capable
of displaying to the driver of a motor vehicle
rapidly changing images that are either of the
following:
(1)
A broadcast television image or similar
entertainment content transmitted by
other wireless means to the image display
device.
(2)
A dynamic visual image, other than text,
from a digital video disc or other storage
device.
Injury means physical pain or impairment of
physical condition.
Intersection means the area embraced within
the prolongation or connection of the lateral curb
lines, or if none, the lateral boundary lines of the
roadways of two highways that join one another
at, or approximately at, right angles, or the area
within which vehicles traveling on different
highways joining at any other angle may come in
conflict. If a highway includes two roadways 30
or more feet apart, each crossing of each roadway
of the divided highway by an intersecting highway
is a separate intersection. If the intersecting
highway also includes two roadways 30 or more
feet apart, each crossing of two roadways of the
highways is a separate intersection.
Judge means a judge of the Community court,
including pro tempore judges as authorized in
Chapter 4.
Supp. No. 3
Lap belt means a safety belt that is anchored
at two points for use across a vehicle occupant's
thighs/hips.
Lap and shoulder belt means a safety belt that
is anchored at least three points and restrains
the vehicle occupant at the hips and across the
chest and shoulder. Lap and shoulder belt may
also refer to as a combination lap and shoulder
belt.
Law enforcement officer means a police officer.
Lost, stolen, abandoned or otherwise unclaimed
vehicles means any trailer, vehicle, or semitrailer
of a type subject to registration under the laws of
the State of Arizona or any other state or foreign
government, which has been abandoned on a
Community highway, Community property or
elsewhere within the boundaries of the Community.
Metal tire means a tire the surface of which in
contact with the highway, is wholly or partly of
metal or other hard, nonresilient material.
Motor vehicle means a self-propelled vehicle,
but does not include a motorized wheelchair or
motorized skateboard. For the purposes of article
VI, division 5 of this chapter, such a vehicle
refers to a vehicle that is in an operational
condition.
Motorcycle means a motor vehicle that has a
seat or saddle for the use of the rider and that is
designed to travel on not more than three wheels
in contact with the ground, but excluding a
tractor and a moped.
Motor driven cycle means a motorcycle, including every motor scooter, with a motor that
produces not more than five horsepower.
CD16:9
§ 16-1
COMMUNITY CODE OF ORDINANCES
Motorized skateboard means a self-propelled
device that has a motor, a deck on which a person
may ride and at least two tandem wheels in
contact with the ground.
Motorized wheelchair means a self-propelled
wheelchair that is used by a person for mobility.
Nighttime means at any other hour than
daytime.
Official traffic-control devices means all signs,
signals, markings and devices not inconsistent
with this chapter placed or erected by authority
of a public body or official having jurisdiction, for
the purpose of regulating, warning or guiding
traffic.
Operator means a person who drives a motor
vehicle on a highway, who is in actual physical
control of a motor vehicle on a highway or who is
exercising control over or steering a vehicle
being towed by a motor vehicle.
Park when prohibited means the standing of a
vehicle, whether occupied or not, other than
temporarily for the purpose of and while actually
engaged in loading or unloading.
Passenger means another person who is riding
in a motor vehicle that is being operated by and
in the control of another person.
Pedestrian means any person afoot. A person
who uses an electric personal assistive mobility
device or a manual or motorized wheelchair is
considered a pedestrian unless the manual
wheelchair qualifies as a bicycle.
Pole trailer means a vehicle that is all of the
following:
(1)
Without motive power;
(2)
Designed to be drawn by another vehicle
and attached to the towing vehicle by
means of a reach or pole or by being
boomed or otherwise secured to the towing
vehicle; and
(3)
Used ordinarily for transporting long or
irregularly shaped loads such as poles,
pipes, or structural members capable of
generally sustaining themselves as beams
between the supporting connections.
Supp. No. 3
Police officer means an officer authorized to
direct or regulate traffic or make arrests for
violations of traffic regulations.
Private road or driveway means a way or place
in private ownership and used for vehicular
travel by the owner and those having express or
implied permission from the owner, but not by
other persons.
Public agency means this Community and any
federal, tribal, state, city, county, municipal
corporation, district or other public authority
that is located in whole or in part in this state
and that provides police, fire fighting, medical or
other emergency services for the purposes of
section 16-235.
Racing means the use of one or more vehicles
in an attempt to outgain, outdistance or prevent
another vehicle from passing.
Reasonable costs means the costs of providing
police, firefighting, rescue and emergency medical services at the scene of an incident and the
salaries of the persons who respond to the
incident, but does not include charges assessed
by an ambulance service for the purposes of
section 16-235.
Reckless disregard means acting with gross
negligence or without concern as to the danger to
others.
Roadway means that portion of a highway
improved, designed or ordinarily used for vehicular
travel, exclusive of the berm or shoulder. If a
highway includes two or more separate roadways,
the term "roadway" as used in this chapter shall
refer to any such roadway separately, but not to
all such roadways collectively. The term "roadway"
includes all or part of a platted or designated
public street, highway, alley, lane, parkway,
avenue, road, sidewalk or other public way,
whether or not it has been used as such.
Seat belt means a restraint consisting of either
a combination of a lap belt and shoulder belt, or
only a lap belt, attached to the frame of a motor
vehicle at a seating position.
Serious physical injury means physical injury
which involves substantial risk of death, extreme
physical pain, protracted and obvious disfigure-
CD16:10
TRAFFIC AND MOTOR VEHICLES
ment, or protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty.
(b) Penalties when none provided in offense.
(1)
Sidewalk means that portion of a street between
the curb lines, or the lateral lines of a roadway,
and the adjacent property lines, intended for the
use of pedestrians.
Stop means complete cessation from movement, when required.
Stopping or standing 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 directions of a
police officer or traffic-control sign or signal,
when prohibited.
Through highway means a highway or portion
thereof at the entrances to which vehicular
traffic from intersecting highways is required by
law to stop before entering or crossing and stop
signs are erected as provided in this chapter.
Traffic means pedestrians, ridden or herded
animals, vehicles, and other conveyances either
singly or together while using any highway for
purposes of travel.
Traffic-control signal means a device whether
manually, electrically or mechanically operated,
by which traffic is alternately directed to stop
and to proceed.
Truck means every motor vehicle designed,
used or maintained primarily for the transportation of property.
VIN means vehicle identification number.
Vapor releasing substance means any toxic
substance used in a manner prohibited under
section 6-121(b).
(Ord. No. SRO-417-2013, § 16-1, 2-1-2013; Ord.
No. SRO-428-2014, § 16-1, 1-1-2014; Ord. No.
SRO-516-2020, 3-4-2020)
Sec. 16-2. Violation of chapter; penalties.
(a) Classification of offenses. A person who
violates a provision of this chapter shall be held
responsible for a civil offense unless the penalty
defined in the offense specifically allows for jail
or imprisonment as punishment or penalty.
Supp. No. 3
§ 16-4
Civil violations generally. Except as modified by the disposition schedule at
appendix A or under sections 16-271(e)
and 16-273(c), a person found responsible
for a violation of any of the provisions of
this chapter where no penalty is provided
and the offense is not specifically
designated as a criminal offense, shall be
punishable by a fine of not more than
$500.00.
(2)
Criminal offenses generally. A person
found guilty of a criminal offense pursuant to this chapter for which another
penalty is not provided shall be subject to
not more than six months imprisonment
or a fine of not more than $5,000.00 or
both.
(Ord. No. SRO-417-2013, § 16-2, 2-1-2013; Ord.
No. SRO-428-2014, § 16-2, 1-1-2014)
Sec. 16-3. Construction of chapter relative
to operation of vehicles.
The provisions of this chapter relating to the
operation of vehicles refer exclusively to the
operation of vehicles upon highways except:
(1)
Where a different place is specifically
referred to in a given section.
(2)
The provisions of article VI, division 5,
DUI and reckless driving and article VII,
accidents shall apply upon highways and
elsewhere throughout the Community.
(Ord. No. SRO-417-2013, § 16-3, 2-1-2013; Ord.
No. SRO-428-2014, § 16-3, 1-1-2014)
Sec. 16-4. Application of chapter to public
employees; exceptions.
(a) Government vehicles. The provisions of
this chapter are applicable to the drivers of all
vehicles upon the highways including vehicles
owned or operated by the United States, the
State of Arizona, the Community, federally
recognized Indian tribes, or any other political
subdivision of Arizona except as provided in this
section and subject to such specific exceptions as
are set forth in this chapter with reference to
authorized emergency vehicles.
CD16:11
§ 16-4
COMMUNITY CODE OF ORDINANCES
(b) Work vehicles. Unless specifically made
applicable, the provisions of this chapter shall
not apply to persons, teams, motor vehicles and
other equipment while actually engaged in work
upon the surface of a highway, but shall apply to
such persons and vehicles when traveling to or
from such work.
(Ord. No. SRO-417-2013, § 16-4, 2-1-2013; Ord.
No. SRO-428-2014, § 16-4, 1-1-2014)
Sec. 16-5. Application of chapter to
persons riding animals or driving animal-drawn vehicles.
Every person riding an animal or driving any
animal-drawn vehicle upon a highway, shall be
granted all of the rights and shall be subject to
all of the duties applicable to the driver of a
vehicle by this chapter, except those provisions of
this chapter which by their very nature can have
no application.
(Ord. No. SRO-417-2013, § 16-5, 2-1-2013; Ord.
No. SRO-428-2014, § 16-5, 1-1-2014)
with any lawful order or direction of any law
enforcement officer invested by law with authority to direct, control or regulate traffic. A violation of this offense is a criminal offense.
(Ord. No. SRO-417-2013, § 16-7, 2-1-2013; Ord.
No. SRO-428-2014, § 16-7, 1-1-2014)
Sec. 16-8. Authorized emergency vehicles.
(a) Permitted to vary from requirements. The
driver of any authorized emergency vehicle, when
responding to an emergency call or when in the
pursuit of an actual or suspected violator of law
or when responding to, but not upon returning
from a fire alarm, may exercise the privileges set
forth in this section.
(b) Exceptions enumerated. The driver of an
authorized emergency vehicle may:
(1)
Park or stand, irrespective of the provisions of this chapter;
(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 prima facie speed limits so
long as the driver does not endanger life
or property; and
(4)
Disregard regulations governing direction of movement or turning in specified
direction.
Cross reference—Animals and fowl, Ch. 12.
Sec. 16-6. Chapter not to interfere with
rights of owners of real
property.
Nothing in this chapter shall be construed to
prevent the owner of real property used by the
public for purposes of vehicular travel by permission of the owner and not as a matter of right
from prohibiting that use, or from requiring
other or different or additional conditions than
those specified in this chapter, or otherwise
regulating such use as may seem best to such
owner. However, provisions of article VI, division
5, DUI and reckless driving and article VII,
accidents shall apply on private property.
(Ord. No. SRO-417-2013, § 16-6, 2-1-2013; Ord.
No. SRO-428-2014, § 16-6, 1-1-2014)
Cross references—Roadways, §§ 17-41—17-47; use of
vehicles by nonmembers on land other than Community
roadways, § 16-141.
Sec. 16-7. Failure to comply with police
officer.
No person shall interfere with a law enforcement officer who is directing, controlling, or
regulating traffic or willfully refuse to comply
Supp. No. 3
(c) Exemptions to apply only under certain
conditions. The exemptions granted by this section to an authorized emergency vehicle shall
apply only when the driver of the vehicle while in
motion sounds an audible signal by bell, siren or
exhaust whistle as may be reasonably necessary,
and when the vehicle is equipped with at least
one lighted lamp displaying a red light visible
under normal atmospheric conditions from a
distance of 500 feet to the front of the vehicle,
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) Driver responsible. 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
CD16:12
TRAFFIC AND MOTOR VEHICLES
shall these provisions protect the driver from the
consequences of the driver's reckless disregard for
the safety of others.
(Ord. No. SRO-417-2013, § 16-8, 2-1-2013; Ord.
No. SRO-428-2014, § 16-8, 1-1-2014)
Sec. 16-9. Driver's duty when approaching
horse or livestock.
Every person operating a motor vehicle upon
any public highway and approaching any horsedrawn vehicle or any horse upon which any person is riding or livestock being driven upon the
highway shall exercise reasonable precaution to
prevent frightening and to safeguard such animals, and to ensure the safety of any person
riding or driving the same. If such animals appear
frightened, the person in control of such vehicle
shall reduce its speed and, if requested by signal
or otherwise, shall not proceed further toward
such animals unless necessary to avoid accident
or injury, until such animals appear to be under
control.
(Ord. No. SRO-417-2013, § 16-9, 2-1-2013; Ord.
No. SRO-428-2014, § 16-9, 1-1-2014)
Cross reference—Animals and fowl, Ch. 12.
Sec. 16-10. Injuring, unlawfully starting, using or preventing use of vehicles.
(a) A person shall not:
(1)
Willfully break, injure, tamper with or
remove any part of a vehicle for any
purpose against the will or without consent of the owner of the vehicle;
(2)
In any other manner willfully or maliciously interfere with or prevent the running or operation of the vehicle;
(3)
Without consent of the owner or person in
charge of a vehicle climb into or upon a
vehicle with intent to commit any crime,
malicious mischief or injury theretofore;
or
(4)
While a vehicle is stopped and unattended attempt, to manipulate any levers,
starting crank or other starting devices,
brakes or other mechanism thereof, or set
the vehicle in motion.
§ 16-12
A person violating this section is guilty of a
criminal offense.
(b) The provisions of subsection (a) of this
section shall not apply when any of the conduct
described therein is committed in an emergency
in furtherance of public safety or convenience or
by or under the direction of any law enforcement
officer in the performance of the officer's duty.
(Ord. No. SRO-417-2013, § 16-10, 2-1-2013; Ord.
No. SRO-428-2014, § 16-10, 1-1-2014)
Sec. 16-11. Placing or allowing dangerous
articles on highway.
(a) Dangerous items. No person shall throw or
deposit upon any highway any glass bottle, glass,
nails, tacks, wire, cans, or any other substance,
including but not limited to lit cigarettes, flammable liquids, and lit matches, likely to injure
any person, animal, property, or vehicle upon the
highway.
(b) Destructive or injurious material. Any person who drops or permits to be dropped or thrown
upon any highway any destructive or injurious
material shall immediately remove the same or
cause it to be removed.
(c) Glass. Any person removing a wrecked or
damaged vehicle from a highway shall remove
any glass or other injurious substance dropped
upon the highway from the vehicle.
(d) Emergencies. The provisions of section hereof
shall not apply when any of the conduct described
therein is committed in an emergency in furtherance of public safety or convenience or by or under
the direction of any law enforcement officer in the
performance of the officer's duty.
(Ord. No. SRO-417-2013, § 16-11, 2-1-2013; Ord.
No. SRO-428-2014, § 16-11, 1-1-2014)
Sec. 16-12. Crossing fire hose.
No vehicle shall be driven over any unprotected
hose of a fire department when the hose is laid
down on any street, or private driveway to be
used at any fire or alarm of fire. This section does
CD16:13
§ 16-12
COMMUNITY CODE OF ORDINANCES
not apply if a fire department official in command
at the fire directs traffic to drive over the hose. A
violation of this section is a criminal offense.
(Ord. No. SRO-417-2013, § 16-12, 2-1-2013; Ord.
No. SRO-428-2014, § 16-12, 1-1-2014)
Sec. 16-13. Effective date; savings clause.
(a) Effective date. This amended chapter shall
govern the duties, responsibilities, liabilities and
penalties created by this chapter for violations
committed on or after January 1, 2014.
(b) Savings clause. This amended chapter does
not govern the duties, responsibilities, liabilities
and penalties created by this chapter for violations committed before January 1, 2014. A violation occurring prior to January 1, 2014 shall be
governed by the provisions of law existing at the
time of the violation, regardless of the actual
dates associated with charging, prosecution, or
sentencing, in the same manner as if this chapter
had not been amended.
(Ord. No. SRO-417-2013, § 16-12, 2-1-2013; Ord.
No. SRO-428-2014, § 16-12, 1-1-2014)
road machinery temporarily operating or moved
upon the highway, nor to any owner permitted to
operate a vehicle under special provisions relating to lien holders, manufacturers, dealers and
nonresidents. Nor shall it apply to any vehicle
being towed by tow truck which meets the requirements of section 16-109.
(c) Proof provided later. If the owner or operator did not have proof of registration for the
current year on the person at the time of the
offense, but the motor vehicle was properly registered at the time of the offense, the court may
dismiss the charge upon proof shown.
(Ord. No. SRO-417-2013, § 16-31, 2-1-2013; Ord.
No. SRO-428-2014, § 16-31, 1-1-2014)
Sec. 16-32. Registration violations.
A person is guilty of a criminal offense who:
(1)
Being the owner thereof, operates or knowingly permits to be operated upon a highway, a motor vehicle, trailer or semitrailer
required by law to be registered which
does not display thereon the license plate
assigned thereto for the current registration year.
(2)
Displays or has in the owner's possession
a registration card or license plate knowing it to be fictitious or to have been
stolen, canceled, revoked, suspended or
altered.
(3)
Lends to or knowingly permits the use of
owner's registration card or license plate
by a person not entitled thereto.
Secs. 16-14—16-30. Reserved.
ARTICLE II. REGISTRATION, LICENSING
AND INSPECTION
Sec. 16-31. Registration of motor vehicle required; exceptions.
(a) Registration required. Every owner of a
motor vehicle, trailer or semitrailer, before it is
operated upon any highway in this Community,
shall obtain current registration therefore from
the appropriate agency of the United States, a
state, or a foreign government. A driver or owner
of the motor vehicle, trailer, or semitrailer, shall
furnish proof of registration for the current year
upon a request of a police officer.
Operates a motor vehicle, trailer or semitrailer required by law to be registered
which does not display any license plate.
(Ord. No. SRO-417-2013, § 16-32, 2-1-2013; Ord.
No. SRO-428-2014, § 16-32, 1-1-2014)
(b) Exceptions. This section shall not apply to
farm tractors, trailers used solely in the operation
of a farm for transporting the unprocessed fiber or
forage products thereof, or any implement of
husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved upon a highway, road-rollers or
(a) Violation. No person, except those expressly exempted in this chapter, shall drive any
motor vehicle upon a highway in this Community
unless the person has a valid driver license or a
commercial driver license issued by the appropriate agency of the United States, a state, or a
foreign government. No person shall drive a com-
(4)
Sec. 16-33. Driver license required; penalty.
CD16:14
TRAFFIC AND MOTOR VEHICLES
mercial motor vehicle unless the person holds a
valid commercial driver license. A violation of this
section is a criminal offense.
(b) Driving privileges. A person holding a valid
driver license or commercial driver license may
exercise the privilege thereby granted upon all
streets and highways in this Community.
(c) Penalty. Any person who violates subsection (a) of this section as follows shall be convicted
of a criminal offense, and may be sentenced up to:
(1)
First offense. Not more than $300.00, or
imprisonment for not more than 30 days
or both.
§ 16-38
Sec. 16-36. Possession and display of driver
license.
Every driver shall have the person's driver
license or commercial driver license on the person's immediate possession at all times when
operating a motor vehicle and shall display same,
upon demand of a law enforcement officer. The
court may dismiss the charge upon proof shown of
a driver license or commercial driver license theretofore issued to the person and valid at the time of
issuance of the citation.
(Ord. No. SRO-417-2013, § 16-36, 2-1-2013; Ord.
No. SRO-428-2014, § 16-36, 1-1-2014)
Sec. 16-37. Unlawful use of license.
(2)
Second or subsequent offense. A second or
subsequent conviction committed within
a period of 24 months of the first violation
or offense shall be punishable by a fine of
not less than $50.00 nor more than $300.00
or by imprisonment for not less than five
days nor more than six months, subject to
the limitations of section 16-36.
(Ord. No. SRO-417-2013, § 16-33, 2-1-2013; Ord.
No. SRO-428-2014, § 16-33, 1-1-2014)
It is a criminal offense for any person:
Sec. 16-34. License to operate motorcycle or
motor-driven cycle; exception.
Except as otherwise provided in this chapter,
no person shall operate a motorcycle or motordriven cycle upon a highway in this Community
unless the person has a valid license and an
endorsement to operate a motorcycle issued by
the appropriate agency of the United States, a
state, or a foreign government.
(Ord. No. SRO-417-2013, § 16-34, 2-1-2013; Ord.
No. SRO-428-2014, § 16-34, 1-1-2014)
Sec. 16-35. Restricted licenses.
It is a criminal offense for a person to operate a
motor vehicle in any manner in violation of the
restrictions imposed in a restricted license issued
to the person.
(Ord. No. SRO-417-2013, § 16-35, 2-1-2013; Ord.
No. SRO-428-2014, § 16-35, 1-1-2014)
(1)
To display or cause or permit to be displayed or have on the person's possession
a canceled, revoked, suspended, fictitious,
or fraudulently altered driver license or
commercial driver license.
(2)
To lend the person's driver license or
commercial driver license to any other
person or knowingly permit the use thereof
by another.
(3)
To display or represent as one's own a
driver license or commercial driver license not issued to that person.
(4)
To permit any unlawful use of a driver
license or commercial driver license issued to the person.
(5)
To intentionally alter, forge, or counterfeit
a driver license or commercial driver license.
(Ord. No. SRO-417-2013, § 16-37, 2-1-2013; Ord.
No. SRO-428-2014, § 16-37, 1-1-2014)
Sec. 16-38. Permitting unauthorized person
to drive.
No person shall authorize or knowingly permit
a motor vehicle owned by the person or under that
person's control to be driven upon any highway by
CD16:15
§ 16-38
COMMUNITY CODE OF ORDINANCES
any other person who is not authorized under this
chapter or in violation of any of the provisions of
this chapter.
(Ord. No. SRO-417-2013, § 16-38, 2-1-2013; Ord.
No. SRO-428-2014, § 16-38, 1-1-2014)
Sec. 16-39. Permitting unauthorized minor
to drive; liability therefore.
(a) Unauthorized minor driver. A person who
causes or knowingly permits a minor to drive a
motor vehicle upon a highway when such minor is
not authorized to drive a motor vehicle under this
chapter, or in violation of any of the provisions of
this chapter, is guilty of a criminal offense.
(b) Liability. Every owner of a motor vehicle
causing or knowingly permitting an unlicensed
minor to drive such vehicle upon a highway, and
any person giving or furnishing a motor vehicle to
such unlicensed minor, shall be jointly and severally liable with such minor for any damages
caused by the negligence or willful misconduct of
such minor in driving such vehicle.
(Ord. No. SRO-417-2013, § 16-39, 2-1-2013; Ord.
No. SRO-428-2014, § 16-39, 1-1-2014)
Cross references—Offenses concerning minors, §§ 6-81—
6-84; minors generally, Ch. 11.
Sec. 16-40. Driving on suspended license.
Any person who drives a motor vehicle on a
public highway in this Community at a time when
the person's privilege to do so is suspended,
revoked, or refused shall pay a civil fine of not less
than $100.00 nor more than $300.00.
(Ord. No. SRO-417-2013, § 16-40, 2-1-2013; Ord.
No. SRO-428-2014, § 16-40, 1-1-2014)
Sec. 16-41. Reserved.
Sec. 16-42. Inspection by Community officers.
(a) Stops authorized. A law enforcement officer
may at any time upon reasonable cause to believe
that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in
proper adjustment or repair, require the driver of
the vehicle to stop and submit the vehicle to an
inspection and such tests with reference thereto
as may be appropriate.
(b) Notice. In the event the vehicle is found to
be in unsafe condition or any required part or
equipment is not present or is not in proper repair
and adjustment, the officer shall give written
notice to the driver. The original of the notice
shall be retained by the police department. The
notice shall require that the vehicle be placed in
safe condition and its equipment in proper repair
and adjustment specifying the particulars with
reference thereto and that a certificate of correction or adjustment of illegal or faulty equipment
must be obtained within five business days.
(c) Form of notice. Council shall prescribe the
form of the notice which shall be utilized by those
authorized to conduct such inspections.
(Ord. No. SRO-417-2013, § 16-42, 2-1-2013; Ord.
No. SRO-428-2014, § 16-42, 1-1-2014)
Sec. 16-43. Owner or driver to comply with
inspection provisions.
(a) Inspection. No person driving a vehicle
shall refuse to submit the vehicle to an inspection
and test when required to do so by a law enforcement officer if required under section 16-42.
(b) Certification of adjustment. Every owner or
driver, upon receiving a notice as provided in the
previous section, shall comply therewith and shall
within five business days secure the certification
of adjustment provided on the notice. When the
certification is completed, the notice shall be
forwarded to the issuing department. In lieu of
compliance with this subsection, the vehicle shall
not be operated, except as provided in subsection
(c) of this section.
(c) Prohibitions. No person shall operate any
vehicle after receiving a notice with reference
thereto as provided in subsection (b) of this section, except as may be necessary to return the
vehicle to the residence or place of business of the
owner or driver, if within a distance of 20 miles, or
to an auto repair shop, until the vehicle and its
equipment have been placed in proper repair and
adjustment and otherwise made to conform to the
requirements of this chapter.
(d) Repairs. If repair or adjustment of a vehicle
or its equipment is found necessary on inspection,
the owner of the vehicle:
(1) May obtain the repair or adjustment at
any place the owner chooses.
CD16:16
TRAFFIC AND MOTOR VEHICLES
(2)
Shall not operate the vehicle on a highway until the certification of adjustment
is obtained.
(Ord. No. SRO-417-2013, § 16-43, 2-1-2013; Ord.
No. SRO-428-2014, § 16-43, 1-1-2014)
Sec. 16-44. Annual inspection of school
buses.
Each school bus shall be inspected annually
and an official certificate of inspection and approval shall be obtained annually for each such
vehicle in accordance with the laws prescribed by
the State of Arizona. Such inspections shall be
made and such certificates obtained with respect
to the requirements for school buses as prescribed
by Arizona law, and by regulations adopted by the
Arizona Department of Public Safety and the
Arizona State Board of Education. A school bus
shall also be inspected prior to its initial use in
the Community and inspected within the prescribed periods that are registered. If a school bus
is privately owned, the owner thereof shall have
such bus inspected within the prescribed periods.
(Ord. No. SRO-417-2013, § 16-44, 2-1-2013; Ord.
No. SRO-428-2014, § 16-44, 1-1-2014)
Secs. 16-45—16-50. Reserved.
ARTICLE III. EQUIPMENT
§ 16-53
Sec. 16-52. Vehicle to comply with article;
exceptions.
(a) Safe operation. All vehicles driven in the
Community shall be operated in a safe condition
and maintained as provided in this article. It is a
violation of this section for any person to drive or
move or for the owner to knowingly permit a
vehicle to be driven in such unsafe condition as to
endanger any person. Any person who violates
this section is subject to civil penalties as provided in this chapter.
(b) Aftermarket parts. Nothing contained in
this article shall be construed to prohibit the use
of additional parts and accessories on any vehicle
not inconsistent with the provisions of this article.
(c) Exceptions. The provisions of this article
with respect to equipment on vehicles shall not
apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made
applicable by this article. Every farm tractor
equipped with an electric lighting system shall at
all times mentioned in section 16-71 display a red
tail lamp and either multiple-beam or singlebeam head lamps meeting the requirements of
sections 16-74, 16-88 and 16-90.
(Ord. No. SRO-417-2013, § 16-52, 2-1-2013; Ord.
No. SRO-428-2014, § 16-52, 1-1-2014)
Sec. 16-53. Special requirements for motorcycles and motor-driven cycles.
DIVISION 1. GENERALLY
Sec. 16-51. Vehicle to be in good working
order.
No person shall drive or move on any highway
any motor vehicle, trailer, semitrailer or pole
trailer, or any combination thereof unless the
equipment upon any and every such vehicle is in
good working order and adjustment as required in
this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver
or other occupant or any person upon the highway.
(Ord. No. SRO-417-2013, § 16-51, 2-1-2013; Ord.
No. SRO-428-2014, § 16-51, 1-1-2014)
(a) Helmets. Any minor operator and any minor passenger of a motorcycle, motor-driven cycle,
or all-terrain vehicles shall wear a protective
helmet on the person's head in an appropriate
manner safely secured. Any operator and passenger of a motorcycle or motor-driven vehicle shall
also wear protective glasses, goggles or a transparent face shield unless the motorcycle is equipped
with a protective windshield.
(b) Equipment required. A motorcycle and motordriven cycle shall be equipped with a rearview
mirror, seat and footrests for the operator. Any
motorcycle or motor-driven cycle operated with a
passenger shall be equipped with seats, footrests
and handrails for such passenger.
CD16:17
§ 16-53
COMMUNITY CODE OF ORDINANCES
(c) Handlebar height. Handlebars rising more
than 15 inches above the level of the driver's seat
or saddle on a motorcycle or motor-driven cycle
are prohibited.
(Ord. No. SRO-417-2013, § 16-53, 2-1-2013; Ord.
No. SRO-428-2014, § 16-53, 1-1-2014)
with brakes and except that three-axle
trucks need only be equipped with brakes
on all wheels of the two rear axles.
(5)
In any combination of motor-drawn vehicles, means shall be provided for applying
the rearmost trailer brakes of any trailer
equipped with brakes, in approximate synchronism with the brakes on the towing
vehicle and developing the required braking effort on the rearmost wheels at the
fastest rate, or means shall be provided
for applying braking effort first on rearmost
trailer equipped with brakes. Both of the
above means capable of being used alternatively may be employed.
(6)
Every motor vehicle and combination of
vehicles manufactured or sold in the Community, except motorcycles and motordriven cycles, shall be equipped with parking brakes adequate to hold the vehicle on
any grade on which it is operated, under
all conditions of loading on a surface free
from snow, ice, or loose material. The
parking brakes shall be capable of being
applied in conformance with the foregoing
requirements by the driver's muscular
effort or by spring action or by equivalent
means. Their operation may be assisted
by the service brakes or other source of
power, provided that failure of the service
brake actuation system or other powerassisting mechanism will not prevent the
parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so
designed that when once applied they
shall remain applied with the required
effectiveness despite exhaustion of any
source of energy or leakage of any kind.
The same brake, brake shoes and lining
assemblies may be used for both the service brakes and the parking brakes. If the
means of applying the parking brakes and
the service brakes are connected in any
way, they shall be so constructed that
failure of any one pair shall not leave the
vehicle without operative brakes.
Sec. 16-54. Brakes.
(a) Requirements enumerated. The following
brake equipment is required:
(1)
Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop and hold the vehicle,
including two separate means of applying
the brakes, each of which means shall be
effective to apply the brakes to at least
two wheels. If these two separate means
of applying the brakes are connected in
any way, they shall be so constructed that
failure of any one part of the operating
mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(2)
Every motorcycle and every motor-driven
cycle, when operated upon a highway,
shall be equipped with at least one brake
which may be operated by hand or foot.
(3)
Every trailer or semitrailer of a gross
weight of 3,000 pounds or more when
operated upon a highway shall be equipped
with brakes adequate to control the movement of and to stop and hold the vehicle
and so designed as to be applied by the
driver of the towing motor vehicle from its
cab, and the brakes shall be so designed
and connected that in case of an accidental breakaway of the towed vehicle the
brakes shall be automatically applied.
(4)
Every new motor vehicle, trailer or semitrailer sold in the Community and operated upon the Community highway shall
be equipped with service brakes upon all
wheels of every vehicle, except any motorcycle or motor-driven cycle, and except
that any semitrailer of less than 1,500
pounds gross weight need not be equipped
CD16:18
TRAFFIC AND MOTOR VEHICLES
(7)
§ 16-55
The brake pads and shoes operating within
or upon the brakes on the vehicle wheels
of any motor vehicle may be used for both
service and hand operation.
_________________________________________________________________________________________________
(b) Deceleration requirements. Every motor vehicle or combination of motor-drawn vehicles shall be
capable at all times and under all conditions of loading, of being stopped on a dry, smooth, level road free
from loose material, upon application of the service or footbrake, within the distance specified below, or
shall be capable of being decelerated at a sustained rate corresponding to these distances:
Feet to stop from
20 miles per hour
30
Deceleration in feet
per second feet to stop
14
Vehicles or combination of vehicles having brakes on all wheels
40
10.7
Vehicles or combination of vehicles not having brakes on all
wheels
_________________________________________________________________________________________________
(c) Adjustment of brakes. All brakes shall be
maintained in good working order and shall be so
adjusted as to operate as equally as practicable
with respect to the wheels on opposite sides of the
vehicle.
(d) Unmuffled engine retarding brakes prohibited. It shall be unlawful for the operator of any
truck to intentionally use an unmuffled, defective,
or improperly muffled engine retarding brake on
any public highway or street within the Community which causes abnormal or excessive noise
from the engine, except in an emergency.
(1)
(2)
Signs stating "UNMUFFLED ENGINE
BRAKING PROHIBITED" may be installed at locations deemed appropriate
by the Community or a Community agency
designated by council to advise motorists
of the prohibitions contained in this chapter. The provisions of this chapter are in
full force and effect even if no signs are
installed.
Any person, firm or corporation who violates any provision of this chapter shall,
upon conviction, be guilty of a civil offense
and punished by a fine of not more than
$300.00.
(Ord. No. SRO-417-2013, § 16-54, 2-1-2013; Ord.
No. SRO-428-2014, § 16-54, 1-1-2014)
Sec. 16-55. Horns and audible warning devices.
(a) Required. Every motor vehicle when operated upon a highway shall be equipped with a
horn in good working order and capable of emitting sound audible under normal conditions from
a distance of not less than 200 feet, but no horn or
other warning device shall emit an unreasonable
loud or harsh sound or a whistle. The driver of a
motor vehicle shall when reasonably necessary to
ensure safe operation give audible warning with
the motor vehicle's horn, but shall not otherwise
use the horn when upon a highway.
(b) Prohibited devices. No vehicle shall be
equipped with nor shall any person use upon a
vehicle any siren, whistle or bell, except as otherwise permitted in this section.
(c) Theft alarm. It is permissible, but not required that any vehicle be equipped with a theft
alarm signal device. Any theft alarm signal device
cannot be used by the driver as an ordinary
warning signal.
(d) Emergency vehicle requirements. Any authorized emergency vehicle may be equipped with
a siren, whistle or bell capable of emitting sound
audible under normal conditions from a distance
of not less than 500 feet. The siren shall not be
used except when the emergency vehicle is oper-
CD16:19
§ 16-55
COMMUNITY CODE OF ORDINANCES
ated in response to an emergency call or in the
immediate pursuit of an actual or suspected violator of the law, and the driver of the emergency
vehicle shall sound the siren when reasonably
necessary to warn pedestrians and other drivers
of its approach.
(Ord. No. SRO-417-2013, § 16-55, 2-1-2013; Ord.
No. SRO-428-2014, § 16-55, 1-1-2014)
Sec. 16-56. Mufflers and air pollution control devices.
(a) Mufflers. 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 no person shall use a
muffler cutout, bypass or similar device upon a
motor vehicle on a highway.
(b) Fumes. The engine and power mechanism
of every motor vehicle shall be so equipped and
adjusted as to prevent the escape of excessive
fumes or smoke.
(c) Emission control devices. Beginning with
motor vehicles and motor vehicle engines of the
1968 model year, motor vehicles and motor vehicle engines shall be equipped with emissions
control devices that meet the standards established by the Arizona Department of Environmental Quality.
(d) Penalties. A person is guilty of violating
this section who knowingly operates on a street or
highway a motor vehicle without an emissions
control device as required herein or with a device
which has been dismantled or disconnected or is
otherwise inoperative. Any person who violates
this section is subject to civil penalties as provided in this chapter.
(e) Exception. The provisions of this section
shall not apply to motor vehicles that are used
exclusively for competition and not operated on
the public streets and highways.
(Ord. No. SRO-417-2013, § 16-56, 2-1-2013; Ord.
No. SRO-428-2014, § 16-56, 1-1-2014)
Sec. 16-57. Mirrors.
Every motor vehicle which is so constructed or
loaded as to obstruct the driver's view to the rear
thereof from the driver's position shall be equipped
with a mirror so located as to reflect to the driver
a view of the highway for a distance of at least 200
feet to the rear of the vehicle.
(Ord. No. SRO-417-2013, § 16-57, 2-1-2013; Ord.
No. SRO-428-2014, § 16-57, 1-1-2014)
Sec. 16-58. Windshields.
(a) Required. Every passenger vehicle, other
than a motorcycle, all-terrain vehicles, and golf
carts manufactured or, modified before June 17,
1998, and every motor truck or truck tractor,
except fire trucks, fire engines or other fire apparatus, whether publicly or privately owned, shall
be equipped with an adequate windshield. This
section shall not apply to implements of husbandry, of antique, classic or horseless carriage,
automobiles when not originally equipped with a
windshield.
(b) Not to be obstructed. No person shall drive
any motor vehicle with any sign, poster, or other
substance or material upon the front windshield,
side wings or side or rear windows of the vehicle
which obstructs the driver's clear view of the
highway or any intersecting highway.
(c) Wipers required. The windshield on every
motor vehicle, except motorcycle, all-terrain vehicles, golf carts, or motor-driven cycle, 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.
(d) Wipers to be in good order. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
(Ord. No. SRO-417-2013, § 16-58, 2-1-2013; Ord.
No. SRO-428-2014, § 16-58, 1-1-2014)
Sec. 16-59. Tires.
(a) Surface. Every solid rubber tire on a vehicle shall have rubber on its entire traction surface
at least one inch thick above the edge of the flange
of the entire periphery.
(b) Periphery. No tire on a vehicle moved on a
highway shall have on its periphery any block,
stud, flange, cleat or spike or any other protuberance of any material other than rubber which
projects beyond the tread of the traction surface of
CD16:20
TRAFFIC AND MOTOR VEHICLES
the tire, except that it shall be permissible to use
farm machinery with tires having protuberances
which will not injure the highways, and except
also that it shall be permissible to use tire chains
of reasonable proportions upon any vehicle when
required for safety because of snow, ice or other
conditions tending to cause a vehicle to skid.
(Ord. No. SRO-417-2013, § 16-59, 2-1-2013; Ord.
No. SRO-428-2014, § 16-59, 1-1-2014)
§ 16-61
Sec. 16-61. Prohibition against image display device.
No person shall drive any motor vehicle equipped
with any image display device, which is located in
the motor vehicle at any point forward of the back
of the driver's seat or which is visible, directly or
indirectly, to the driver while operating the motor
vehicle.
(1)
A person shall not view a broadcast television image or a visual image from an
image display device while that person is
driving a motor vehicle and the motor
vehicle is in motion on a public roadway.
(2)
A person shall not operate a motor vehicle
with an image display device that is visible to a driver seated in a normal driving
position when the vehicle is in motion.
(3)
This section does not apply to any of the
following:
Sec. 16-60. Rear fender splash guards.
(a) Splash guards required. It is unlawful for
any person to operate a truck, trailer, semitrailer
or bus upon the highways unless such vehicle is
equipped with rear fender splash guards, which
shall comply with the specifications provided in
this section. The splash guards shall be so attached as to prevent the splashing of mud or
water upon the windshield of other motor vehicles
and shall extend to a length which shall end not
more than eight inches from the ground.
(b) Size. The splash guards shall be wide enough
to cover the full tread or treads of the tires being
protected and shall be installed close enough to
the tread surface of the tire or wheel as to control
the side throw of the bulk of the thrown road
surface material.
a.
Emergency vehicles.
b.
Image display devices that do any of
the following:
(c) Material and attachment. The splash guards
may be constructed of a flexible rubberized material, and shall be attached in such a manner that,
regardless of movement either in such splash
guards or the vehicle, such splash guards will
retain their general parallel relationship to the
tread surface of the tire or wheel under all ordinary operating conditions.
(d) Pickups. Nothing in this section shall be
deemed to apply to vehicles commonly known as
pickup trucks with a manufacturer's gross vehicle
rating of 10,000 pounds or less unless the pickup
truck has been modified from the original bumper
height to raise the center of the gravity of the
pickup truck.
(e) Exceptions. This section shall not apply to
truck tractors or converter dollies when used in
combination with other vehicles.
(Ord. No. SRO-417-2013, § 16-60, 2-1-2013; Ord.
No. SRO-428-2014, § 16-60, 1-1-2014)
CD16:21
1.
Display images that provide a
driver with navigation and related traffic, road and weather
information.
2.
Provide vehicle information, controls or information related to
driving a vehicle.
3.
Enhance or supplement a driver's view of the area to the
front, rear or side of the vehicle.
4.
Permit a driver to monitor the
vehicle occupants seated behind the driver.
5.
Display information intended
to enhance traffic safety.
c.
Image display devices that are built
into the motor vehicle and that do
not display images to a driver while
the vehicle is in motion.
d.
Image display devices that are portable and are not used to display
dynamic visual images other than
§ 16-61
COMMUNITY CODE OF ORDINANCES
for purposes of navigation or global
positioning to a driver while the vehicle is in motion.
e.
Image display devices present in vehicles of a public service corporation
or any political subdivision of this
state and used for service or maintenance of its facilities.
f.
Any use of an image display device
while the vehicle is parked.
(Ord. No. SRO-417-2013, § 16-1, 2-1-2013; Ord.
No. SRO-428-2014, § 16-1, 1-1-2014)
Sec. 16-62. Certain vehicles to carry flares
or other warning devices.
(a) Requirements enumerated. No person shall
operate any motor truck, passenger bus or truck
tractor upon any highway within the Community
at any time from sunset to sunrise unless there
shall be carried in the vehicle the following equipment except as provided in subsection (b) of this
section:
(1)
At least three flares or three electric red
lanterns or three triangle reflectors each
of which shall be capable of being seen
and distinguished at a distance of 500 feet
under normal atmospheric conditions at
nighttime. Each flare shall be capable of
burning for one hour. Every such flare
shall be substantially constructed so as to
withstand reasonable shocks without leaking. Every such flare shall be carried in
the vehicle in a metal rack or box. Every
such red electric lantern shall be capable
of operating continuously for not less than
12 hours and shall be substantially constructed so as to withstand reasonable
shock without breakage.
(2)
At least three red burning fuses unless
red electric lanterns are carried. Each
fuse shall be made in accordance with
specifications of the Bureau of Explosives,
55500 DOT Road, Pueblo, CO 81001, and
so marked and shall be capable of burning
at least 15 minutes.
(3)
At least two red cloth flags, not less than
12 inches square, with standards to support same.
(b) Vehicles carrying flammables. No person
shall operate at the time and under the conditions
stated in subsection (a) of this section any motor
vehicle used in transportation of flammable liquids in bulk, or transporting compressed flammable gases, unless there shall be carried in the
vehicle three red electric lanterns meeting the
requirements stated in subsection (a) of this section, and there shall not be carried in such vehicle
any flares, fuses or signal produced by a flame.
(c) Portable reflector units. As an alternative it
shall be deemed a compliance with this section in
the event a person operating any motor vehicle
described in this section shall carry in the vehicle
three portable reflector units on standards. No
portable reflector unit shall be approved unless it
is so designed and constructed as to include two
reflectors, one above the other, each of which shall
be capable of reflecting red light clearly visible
from all distances within 500 feet to 50 feet under
normal atmospheric conditions at nighttime when
directly in front of lawful upper beams of head
lamps.
(Ord. No. SRO-417-2013, § 16-62, 2-1-2013; Ord.
No. SRO-428-2014, § 16-62, 1-1-2014)
Sec. 16-63. Display of warning devices when
vehicle disabled.
(a) When required. When any motor truck,
passenger bus, truck tractor, trailer, semitrailer,
or pole trailer is disabled upon the traveled portion of any highway or the shoulder thereof within
the Community at any time when lighted lamps
are required on vehicles, the driver of the vehicle
shall display the following warning devices upon
the highway during the time the vehicle is so
disabled on the highway except as provided in
subsection (b) of this section:
(1) A lighted fuse shall be immediately placed
on the roadway at the traffic side of the
motor vehicle unless electric lanterns are
displayed.
(2) Within the burning period of the fuse and
as promptly as possible three lighted flares
or pot torches or three electric lanterns
shall be placed on the roadway as follows:
a.
One at a distance of approximately
100 feet to the rear of the vehicle, in
the center of the lane of traffic occupied by the disabled vehicle.
CD16:22
TRAFFIC AND MOTOR VEHICLES
b.
(b) Vehicles carrying flammable liquids or gases.
When any vehicle used in the transportation of
flammable liquids in bulk, or transporting compressed flammable gases is disabled upon a highway at any time or place mentioned in subsection
(a) of this section, the driver of the vehicle shall
display upon the roadway the following lighted
warning devices:
(1)
One red electric lantern shall be immediately placed on the roadway at the traffic
side of the vehicle.
(2)
Two other red electric lanterns shall be
placed to front and rear of the vehicle in
the same manner prescribed for flares in
subsection (a) of this section.
(c) Flame signals prohibited for vehicle carrying flammables. When a vehicle of a type specified
in subsection (b) of this section is disabled, the use
of flares, fuses or any signal produced by flames
as warning signals is prohibited.
(d) Portable reflector units. In the alternative,
it shall be deemed a compliance with this section
in the event three portable reflector units on
standards of a type approved by the Community
are displayed at the times and under the conditions specified in this section either during the
daytime or at nighttime, and the portable reflector units shall be placed on the roadway in the
locations as described with reference to the placing of electric lanterns and lighted flares.
(e) Equipment to comply with requirements.
The flares, fuses, and lanterns to be displayed as
required in this section shall conform to the
requirements of the preceding section.
(Ord. No. SRO-417-2013, § 16-63, 2-1-2013; Ord.
No. SRO-428-2014, § 16-63, 1-1-2014)
Sec. 16-64. Vehicles transporting explosives.
Any person operating any vehicle transporting
any explosive as a cargo or part of a cargo upon a
highway shall at all times comply with the following provisions:
(1)
(2)
One at the traffic side of the vehicle
approximately ten feet rearward or
forward thereof.
The vehicle shall be placarded in accordance with the placarding requirements
specified in 49 CFR part 172.
§ 16-71
The vehicle shall be equipped with a fire
extinguisher as required in 49 CFR part
393.
Cross reference—Weapons and explosives, § 6-130 et seq.
(Ord. No. SRO-417-2013, § 16-64, 2-1-2013; Ord.
No. SRO-428-2014, § 16-64, 1-1-2014)
Sec. 16-65. Reserved.
Sec. 16-66. Projecting loads.
When the load upon any vehicle extends to the
rear four feet or more beyond the body of the
vehicle there shall be displayed at the extreme
rear end of the load, at the time specified in
section 16-71, a red light or lantern plainly visible
from a distance of at least 500 feet to the sides
and rear. The red light or lantern required under
this section shall be in addition to the red rear
light required upon every vehicle. At any other
time there shall be displayed at the extreme rear
end of the load a red flag or cloth not less than 12
inches square and so hung that the entire area is
visible to the driver of a vehicle approaching from
the rear.
(Ord. No. SRO-417-2013, § 16-66, 2-1-2013; Ord.
No. SRO-428-2014, § 16-66, 1-1-2014)
Secs. 16-67—16-70. Reserved.
DIVISION 2. LIGHTS, LAMPS, REFLECTORS
AND ILLUMINATING DEVICES
Sec. 16-71. When lamps required to be
lighted.
Every vehicle upon a highway within this Community at any time from sunset to sunrise and at
any other time when there is not sufficient light to
render clearly discernible persons and vehicles on
the highway at a distance of 500 feet ahead shall
display lighted lamps and illuminating devices as
required by this article for different classes of
vehicles, subject to exceptions with respect to
parked vehicles as stated in this article.
(Ord. No. SRO-417-2013, § 16-71, 2-1-2013; Ord.
No. SRO-428-2014, § 16-71, 1-1-2014)
CD16:23
§ 16-72
COMMUNITY CODE OF ORDINANCES
Sec. 16-72. Visibility distance and mounted
height of lamps.
(a) Visibility. When a requirement is set forth
in this article as to the distance from which
certain lamps and devices shall render objects
visible or within which the lamps or devices shall
be visible, such provisions shall apply during the
times stated in section 16-71 in respect to a
vehicle without load when upon a straight, level
unlighted highway under normal atmospheric
conditions unless a different time or condition is
expressly stated.
(b) Calculating lamp height. When a requirement is set forth in this article as to the mounted
height of lamps or devices it shall mean from the
center of the lamps or device to the level ground
upon which the vehicle rests without a load.
(Ord. No. SRO-417-2013, § 16-72, 2-1-2013; Ord.
No. SRO-428-2014, § 16-72, 1-1-2014)
Sec. 16-73. Head lamps.
(a) Vehicles. Every motor vehicle other than a
motorcycle, ATV, or motor-driven cycle shall be
equipped with at least two head lamps with at
least one on each side of the front of the motor
vehicle, which head lamps shall comply with the
requirements and limitations set forth in this
article.
(b) Motorcycles. Every motorcycle, ATV, and
every motor-driven cycle shall be equipped with
at least one and not more than two head lamps
which shall comply with the requirements and
limitations of this article.
(c) Head lamp height. Every head lamp upon
every motor vehicle, including every motorcycle,
ATV, and motor-driven cycle, shall be located at a
height measured from the center of the head lamp
of not more than 54 inches nor less than 24 inches
to be measured from the center of the lamps or
device to the level ground upon which the vehicle
rests without a load.
(Ord. No. SRO-417-2013, § 16-73, 2-1-2013; Ord.
No. SRO-428-2014, § 16-73, 1-1-2014)
Sec. 16-74. Tail lamps.
(a) Drawn vehicles. Every motor vehicle, trailer,
semitrailer and pole trailer and any other vehicle
which is being drawn at the end of a train of
vehicles shall be equipped with at least one tail
lamp mounted on the rear, which, when lighted as
required by this article, shall emit a red light
plainly visible from a distance of 500 feet to the
rear, provided that in the case of a train of
vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
(b) Tail lamp height. Every tail lamp upon
every vehicle shall be located at a height of not
more than 72 inches nor less than 15 inches to be
measured from the center of the lamp to the level
ground upon which the vehicle rests without a
load.
(c) License plate light. Either a tail lamp or a
separate lamp shall be so constructed and placed
as to illuminate with a white light the rear license
plate and render it clearly legible from a distance
of 50 feet to the rear. Any tail lamp or tail lamps,
together with any separate lamp for illuminating
the rear license plate, shall be so wired as to be
lighted whenever the headlamps or auxiliary driving lamps are lighted.
(Ord. No. SRO-417-2013, § 16-74, 2-1-2013; Ord.
No. SRO-428-2014, § 16-74, 1-1-2014)
Sec. 16-75. Reflectors on new motor vehicles.
(a) Number. Every new motor vehicle sold and
operated upon a highway, other than a truck
tractor, shall carry on the rear, either as a part of
the tail lamps or separately, two red reflectors,
except that every motorcycle and every motordriven cycle shall carry at least one reflector,
meeting the requirements of this section, and
except that vehicles of the type mentioned in
section 16-77 shall be equipped with reflector as
required in those sections applicable thereto.
(b) Height. Every such reflector shall be mounted
on the vehicle at a height not less than 20 inches
nor more than 60 inches measured as set forth in
section 16-72(b) and shall be of such size and
characteristics and so mounted as to be visible at
night from all distances within 300 feet to 50 feet
from the vehicle when directly in front of lawful
CD16:24
TRAFFIC AND MOTOR VEHICLES
30 feet in length, the vehicle shall
have a third side marker lamp at the
midpoint between the front and rear
marker lamp.
upper beams of head lamps, except that visibility
from a greater distance is required of reflectors on
certain types of vehicles.
(Ord. No. SRO-417-2013, § 16-75, 2-1-2013; Ord.
No. SRO-428-2014, § 16-75, 1-1-2014)
c.
On each side, two reflectors, one at
or near the front and one at or near
the rear. If the vehicle exceeds 30
feet in length, the vehicle shall have
a third reflector at the midpoint between the front and rear reflectors.
d.
On the rear, two clearance lamps,
one at each side, and two reflectors,
one at each side, and two stop lamps.
Sec. 16-76. Reserved.
Sec. 16-77. Additional equipment required
on certain vehicles.
In addition to other equipment required in this
article, the following vehicles shall be equipped as
provided by this section under the conditions
stated in section 16-78.
(1)
(2)
On every bus or truck 80 inches or more in
over-all width, in addition to the requirements in subsection (a) of this section:
On the front, two clearance lamps,
one at each side.
b.
On the rear, two clearance lamps,
one at each side.
c.
On each side two side marker lamps,
one at or near the front and one at or
near the rear.
d.
(3)
(4)
(5)
On every bus or truck, whatever its size,
there shall be two reflectors on the rear,
one at each side, and two stop lamps.
a.
On each side, two reflectors, one at
or near the front and one at or near
the rear. If the vehicle exceeds 30
feet in length, the vehicle shall have
a third side marker lamp at the
midpoint between the front and rear
marker lamp.
On every truck tractor:
a.
On the front, two clearance lamps,
one at each side.
b.
On the rear, two stop lamps.
On every trailer or semitrailer having a
gross weight in excess of 3,000 pounds:
a.
On the front, two clearance lamps,
one at each side.
b.
On each side, two side marker lamps,
one at or near the front and one at or
near the rear. If the vehicle exceeds
§ 16-78
(6)
On every pole trailer in excess of 3,000
pounds of gross weight:
a.
On each side, one side marker lamp
and one clearance lamp which may
be in combination, to show to the
front, side and rear.
b.
On the rear of the pole trailer or
load, two reflectors, one at each side.
On every trailer, semitrailer or pole trailer
weighing 3,000 pounds, gross, or less:
a.
On the rear, two reflectors, one on
each side.
b.
If a trailer or semitrailer is so loaded
or is of such dimensions as to obscure the stoplight on the towing
vehicle, then the vehicle shall also be
equipped with two stop lights.
(Ord. No. SRO-417-2013, § 16-77, 2-1-2013; Ord.
No. SRO-428-2014, § 16-77, 1-1-2014)
Sec. 16-78. Application of article.
Those sections of this article, including sections 16-77 and 16-79 through 16-82, relating to
clearance and marker lamps, reflectors and stop
lamps, shall apply as stated in those sections to
vehicles of the type therein enumerated, namely
passenger buses, trucks, truck tractors and certain trailers, semitrailers and pole trailers, respectively, when operated upon any highway; and
such vehicles shall be equipped as required and
all lamp equipment required shall be lighted at
the times mentioned in section 16-71, except that
clearance and side marker lamps need not be
lighted on a vehicle when operated where there is
CD16:25
§ 16-78
COMMUNITY CODE OF ORDINANCES
sufficient light to render clearly discernible persons and vehicles on the highway at a distance of
500 feet.
(Ord. No. SRO-417-2013, § 16-78, 2-1-2013; Ord.
No. SRO-428-2014, § 16-78, 1-1-2014)
mounted in combination provided illumination is
given as required by this section with reference to
both.
(Ord. No. SRO-417-2013, § 16-80, 2-1-2013; Ord.
No. SRO-428-2014, § 16-80, 1-1-2014)
Sec. 16-79. Color of clearance lamps and reflectors.
Sec. 16-81. Visibility of reflectors and clearance and marker lamps.
(a) Front. Front clearance lamps and those
marker lamps and reflectors mounted on the rear
or on the side near the front of a vehicle shall
display or reflect an amber color.
(b) Rear. Rear clearance lamps and those marker
lamps and reflectors mounted on the rear or on
the sides near the rear of a vehicle shall display or
reflect a red color.
(c) Lamps. All lighting devices and reflectors
mounted on the rear of any vehicle shall display
or reflect a red color, and the light illuminating
the license plate or the light emitted by a backup
lamp shall be white.
(Ord. No. SRO-417-2013, § 16-79, 2-1-2013; Ord.
No. SRO-428-2014, § 16-79, 1-1-2014)
Sec. 16-80. Mounting of reflectors and clearance and marker lamps.
(a) Height. Reflectors when required by section
16-77 shall be mounted at a height not less than
24 inches and not higher than 60 inches above the
ground on which the vehicle stands; except that if
the highest part of the permanent structure of the
vehicle is less than 24 inches, the reflector at that
point shall be mounted as high as that part of the
permanent structure will permit.
(b) Pole trailers. The rear reflectors on a pole
trailer may be mounted on each side of the bolster
or load.
(c) Tail lamp. Any required red reflector on the
rear of a vehicle may be incorporated with the tail
lamp, but the reflector shall meet all the other
reflector requirements of this article.
(d) Clearance lamps. Clearance lamps shall be
mounted on the permanent structure of the vehicle in such manner as to indicate its extreme
width and as near the top thereof as practicable.
Clearance lamps and side marker lamps may be
(a) Reflectors. Every reflector upon any vehicle
referred to in section 16-77 shall be of such size
and characteristics and so maintained as to be
readily visible at nighttime from all distances
within 500 feet to 50 feet from the vehicle when
directly in front of lawful upper beams of
headlamps. Reflectors required to be mounted on
the sides of the vehicle shall reflect the required
color of light to the sides and those mounted on
the rear shall reflect a red color to the rear.
(b) Front and rear clearance lamps. Front and
rear clearance lamps shall be capable of being
seen and distinguished under normal atmospheric conditions at the times lights are required
at a distance of 500 feet from the front and rear,
respectively, of the vehicle.
(c) Side marker lamps. Side marker lamps
shall be capable of being seen and distinguished
under normal atmospheric conditions at the times
lights are required at a distance of 500 feet from
the side of the vehicle on which mounted.
(Ord. No. SRO-417-2013, § 16-81, 2-1-2013; Ord.
No. SRO-428-2014, § 16-81, 1-1-2014)
Sec. 16-82. Lights obstructed.
When motor and other vehicles are operated in
combination during the times that lights are
required, any lamp, except tail lamps, need not be
lighted which, by reason of its location on a
vehicle of the combination would be obscured by
another vehicle of the combination. This section
shall not affect the requirement that lighted clearance lamps be displayed on the front of the
foremost vehicle required to have clearance lamps
or all lights required on the rear of the rearmost
vehicle of any combination shall be lighted.
(Ord. No. SRO-417-2013, § 16-82, 2-1-2013; Ord.
No. SRO-428-2014, § 16-82, 1-1-2014)
CD16:26
TRAFFIC AND MOTOR VEHICLES
Sec. 16-83. Parked vehicles.
(a) Sufficient light. When a vehicle is lawfully
parked upon a street or highway during the hours
between sunset and sunrise and in the event
there is sufficient light to reveal any person or
object within a distance of 500 feet upon the street
or highway, no lights need be displayed upon the
parked vehicles.
(b) Insufficient light. When a vehicle is parked
or stopped upon a roadway or shoulder adjacent
thereto, whether attended or unattended during
the hours between sunset and sunrise and there
is not sufficient light to reveal any person or
object within a distance of 500 feet upon the
highway, the vehicle so parked or stopped shall be
equipped with one or more lamps which shall
exhibit a white or amber light on the roadway
side visible from a distance of 500 feet to the front
of the vehicle and a red light visible from a
distance of 500 feet to the rear. The foregoing
provisions shall not apply to a motor-driven cycle.
(c) Dim headlamps. Any lighted headlamps
upon a parked vehicle shall be depressed or
dimmed.
(Ord. No. SRO-417-2013, § 16-83, 2-1-2013; Ord.
No. SRO-428-2014, § 16-83, 1-1-2014)
Sec. 16-84. Lamps on animal-drawn and
other equipment or vehicles.
All vehicles, including animal-drawn vehicles
and including those referred to in section 16-52 (c)
not specifically required by this article to be
equipped with lamps, shall at the times specified
in 16-71 be equipped with at least one lighted
lamp or lantern exhibiting a white light visible
from a distance of 500 feet to the front of the
vehicle and with a lamp or lantern exhibiting a
red light visible from a distance of 500 feet to the
rear.
(Ord. No. SRO-417-2013, § 16-84, 2-1-2013; Ord.
No. SRO-428-2014, § 16-84, 1-1-2014)
§ 16-86
high-intensity portion of the beam will be directed
to the left of the prolongation of the extreme left
side of the vehicle nor more than 100 feet ahead of
the vehicle. The requirements set forth in this
subsection shall not apply to authorized emergency vehicles.
(b) Fog lamps. A motor vehicle may be equipped
with not to exceed two fog lamps mounted on the
front to a height not less than 12 inches nor more
than 30 inches above the level surface upon which
the vehicle stands and so aimed that when the
vehicle is not loaded none of the high-intensity
portion of the light to the left of the center of the
vehicle shall, at a distance of 25 feet ahead,
project higher than a level of four inches below
the level of the center of the lamp from which it
comes.
(c) Passing lamps. A motor vehicle may be
equipped with not to exceed two auxiliary passing
lamps mounted on the front at a height not less
than 24 inches nor more than 42 inches above the
level surface upon which the vehicle stands and
every auxiliary passing lamp shall meet the requirements and limitations set forth in this division within this Community Code of Ordinances.
(d) Driving lamps. A motor vehicle may be
equipped with not to exceed two auxiliary driving
lamps mounted on the front at a height not less
than 16 inches nor more than 42 inches above the
level surface upon which the vehicle stands and
every auxiliary driving lamp shall meet the requirements and limitations set forth in this division within this Community Code of Ordinances.
(Ord. No. SRO-417-2013, § 16-85, 2-1-2013; Ord.
No. SRO-428-2014, § 16-85, 1-1-2014)
Sec. 16-86. Signal lamps and devices.
(a) A motor vehicle when required under this
chapter, shall be equipped with the following
signal lamps or devices:
(1)
A stop lamp on the rear which shall emit
a red light upon application of the service
or foot brake and which may, but need not
be incorporated with a tail lamp.
(2)
A lamp or lamps or mechanical signal
device capable of clearly indicating any
Sec. 16-85. Spot and auxiliary lamps.
(a) Spot lamps. A motor vehicle may be equipped
with not to exceed one spot lamp and every
lighted spot lamp shall be so aimed and used upon
approaching another vehicle that no part of the
CD16:27
§ 16-86
COMMUNITY CODE OF ORDINANCES
intention to turn either to the right or to
the left and which shall be visible both
from the front and rear.
(b) A stop lamp shall be plainly visible and
distinguishable from a distance of 100 feet to the
rear both during normal daytime and at nighttime and a signal lamp or lamps indicating intention to turn shall be visible and distinguishable
during daytime and nighttime from a distance of
100 feet both to the front and rear. When a vehicle
is equipped with a stop lamp or other signal
lamps, such lamps shall at all times be maintained in good working condition. No stop lamp or
signal lamp shall project a glaring or dazzling
light.
Sec. 16-88. Multiple lighting specifications.
Except as provided in this article, the head
lamps, the auxiliary driving lamp, the auxiliary
passing lamp or combinations thereof on motor
vehicles other than a motorcycle or motor-driven
cycle shall be so arranged that selection may be
made between distributions of light projected to
different elevations, subject to the following requirements and limitations:
(1)
There shall be an uppermost distribution
of light or composite beam, so aimed and
of such intensity as to reveal persons and
vehicles at a distance of at least 300 feet
ahead for all conditions of loading.
(2)
There shall be a lowermost distribution of
light, or composite beam, so aimed and of
sufficient intensity to reveal persons and
vehicles at a distance of at least 100 feet
ahead, and under any condition of loading
none of the high-intensity portion of the
beam shall be directed to strike the eyes
of an approaching driver.
(3)
Every new motor vehicle, other than a
motorcycle or motor-driven cycle, which
has multiple-beam road-lighting equipment, shall be equipped with a beam
indicator, which shall be lighted whenever the uppermost distribution of light
from the head lamps is in use, and shall
not otherwise be lighted. Such indicator
shall be so designed and located that
when lighted it will be readily visible
without glare to the driver of the vehicle
so equipped.
(c) All mechanical signal devices shall be selfilluminated when in use at the times mentioned
in section 16-71.
(d) It is unlawful for any person to sell any
new motor vehicle, including any motorcycle, ATV,
or motor-driven cycle, in this Community or for
any person to drive a vehicle on the highway
unless it is equipped with a stop lamp meeting the
requirements of this section.
(Ord. No. SRO-417-2013, § 16-86, 2-1-2013; Ord.
No. SRO-428-2014, § 16-86, 1-1-2014)
Sec. 16-87. Fender, running-board
backup lamps.
and
(a) Side cowl or fender lamps. A motor vehicle
may be equipped with not more than two side
cowl or fender lamps which shall emit an amber
or white light without glare.
(b) Courtesy lamps. A motor vehicle may be
equipped with not more than one running-board
courtesy lamp on each side thereof which shall
emit a white or amber light without glare.
(c) Backup lamps. A motor vehicle may be
equipped with not more than two backup lamps
either separately or in combination with other
lamps, but a backup lamp shall not be lighted
when the motor vehicle is in forward motion.
(Ord. No. SRO-417-2013, § 16-87, 2-1-2013; Ord.
No. SRO-428-2014, § 16-87, 1-1-2014)
(4)
A person may equip a motorcycle with a
means of modulating the intensity of a
head lamp between the higher and lower
brightness at a rate of 200 to 280 cycles
per minute. A person shall not modulate
the head lamp beam during sunset to
sunrise.
(Ord. No. SRO-417-2013, § 16-88, 2-1-2013; Ord.
No. SRO-428-2014, § 16-88, 1-1-2014)
Sec. 16-89. Multiple beam lighting equipment usage.
When a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during sun-
CD16:28
TRAFFIC AND MOTOR VEHICLES
set to sunrise, the driver shall use a distribution
light, or composite beam, directed high enough
and of sufficient intensity to reveal persons and
vehicles at a safe distance in advance of the
vehicle subject to the following requirements and
limitations:
(1)
When a driver of a vehicle approaches an
oncoming vehicle within 500 feet, the driver
shall use a distribution of light of composite beam so aimed that the glaring rays
are not projected into the eyes of the
oncoming driver. The lowermost distribution of light or composite beam specified
in section 16-88(2) shall be deemed to
avoid glare at all times, regardless of road
contour and loading.
(2)
When the driver of a vehicle follows another vehicle within 200 feet to the rear,
except when engaged in the act of overtaking and passing, the driver shall use a
distribution of light permissible under
this article other than the uppermost distribution of light specified in section 1688(1).
(Ord. No. SRO-417-2013, § 16-89, 2-1-2013; Ord.
No. SRO-428-2014, § 16-89, 1-1-2014)
Sec. 16-90. Single-beam lights.
Head lamps arranged to provide a single distribution of light shall be permitted on motor
vehicles manufactured and sold prior to January
1, 1951, in lieu of multiple-beam and roadlighting equipment specified in this article if the
single distribution of light complies with the
following requirements and limitations:
(1)
The head lamps shall be so aimed that
when the vehicle is not loaded none of the
high intensity portion of the light shall be
at a distance of 25 feet ahead or project
higher than a level of five inches below
the level of the center of the lamp from
which it comes, and in no case higher
than 42 inches above the level on which
the vehicle stands at a distance of 75 feet
ahead.
§ 16-93
(2)
The intensity shall be sufficient to reveal
persons and vehicles at a distance of at
least 200 feet.
(Ord. No. SRO-417-2013, § 16-90, 2-1-2013; Ord.
No. SRO-428-2014, § 16-90, 1-1-2014)
Sec. 16-91. Alternate road-lighting equipment.
Any motor vehicle may be operated under the
conditions specified in 16-71 when equipped with
two lighted lamps upon the front thereof capable
of revealing persons and objects 75 feet ahead in
lieu of lamps required in the previous section;
however, at no time shall it be operated at a speed
in excess of 20 miles per hour.
(Ord. No. SRO-417-2013, § 16-91, 2-1-2013; Ord.
No. SRO-428-2014, § 16-91, 1-1-2014)
Sec. 16-92. Number of driving lamps required, permitted.
(a) Number. At all times specified in 16-71, at
least two lighted lamps shall be displayed, one on
each side at the front of every motor vehicle other
than a motorcycle, ATV, or motor-driven cycle,
except when the vehicle is parked subject to the
regulations governing lights on parked vehicles.
(b) Auxiliary lamps. When a motor vehicle
equipped with head lamps as required by this
article is also equipped with any auxiliary lamps
or a spot lamp or any other lamp on the front
thereof projecting a beam of intensity greater
than 300 candlepower, not more than a total of
four of any such lamps on the front of a vehicle
shall be lighted at any one time upon a highway.
(Ord. No. SRO-417-2013, § 16-92, 2-1-2013; Ord.
No. SRO-428-2014, § 16-92, 1-1-2014)
Sec. 16-93. Special restrictions on lamps.
(a) Intensity of beam restricted. Any lighted
lamp or illuminating device upon a motor vehicle
other than head lamps, spot lamps, auxiliary
lamps or flashing front-direction signals which
projects a beam of light of an intensity greater
than 300 candlepower shall be so directed that no
part of the beam will strike the level of the
roadway on which the vehicle stands at a distance
of more than 75 feet from the vehicle.
CD16:29
§ 16-93
COMMUNITY CODE OF ORDINANCES
(b) Red and blue lights. No person shall drive
or move any vehicle or equipment upon any
highway with any lamp or device thereon displaying a red or red and blue light visible from directly
in front of the center thereof. Lights visible from
the front of the vehicle shall be amber or white.
This section shall not apply to authorized emergency vehicles.
(c) Flashing lights. Flashing lights are prohibited except on an authorized emergency vehicle,
school bus, and tow trucks, as warning lights on
disabled or parked vehicles or on any vehicle as a
means for indicating a right or left turn.
(Ord. No. SRO-417-2013, § 16-93, 2-1-2013; Ord.
No. SRO-428-2014, § 16-93, 1-1-2014)
Sec. 16-94. Head lamps on motor-driven cycles and ATV.
The head lamp or head lamps upon every ATV
and motor-driven cycle may be of the single-beam
or multiple-beam type but in either event shall
comply with the requirements and limitations as
follows:
(1)
(2)
(3)
Every head lamp or head lamps on an
ATV or motor-driven cycle shall be of
sufficient intensity to reveal a person or a
vehicle at a distance of not less than 100
feet when the ATV or motor-driven cycle
is operated at any speed less than 25
miles per hour and at a distance of not
less than 200 feet when the ATV or motordriven cycle is operated at a speed of 25 or
more miles per hour, and the motordriven cycle shall be subject to the speed
limitations in section 16-214.
In the event the ATV or motor-driven
cycle is equipped with a multiple-beam
head lamp or head lamps, the upper beam
shall meet the minimum requirements
set forth in subsection (a) of this section
and shall not exceed the limitations set
forth in section 16-88(1) and the lowermost beam shall meet the requirements
applicable to a lowermost distribution of
light as set forth in section 16-88(2).
aimed that when the vehicle is loaded
none of the high intensity portion of the
light, at a distance of 25 feet ahead, shall
project higher than the level of the center
of the lamp from which it comes.
(4)
All ATV or motor-driven cycles shall be
operated with at least one headlamp illuminated at all times.
(Ord. No. SRO-417-2013, § 16-94, 2-1-2013; Ord.
No. SRO-428-2014, § 16-94, 1-1-2014)
DIVISION 3. SEAT BELT REQUIREMENTS
Sec. 16-95. Restraint use for children who
are at least nine years of age.
(a) Lap and shoulder belt. A person shall not
operate a motor vehicle operated on public highways within the Community, with any child passenger between the ages of 17 and nine inside the
vehicle unless the child is properly secured in lap
and shoulder belt.
(b) Lap belt only. Children between the ages of
17 and nine may be transported while restrained
by a lap belt only when:
(1)
The vehicle is not equipped with lap and
shoulder belts; or
(2)
Not including the driver's seat, the vehicle is equipped with one or more lap and
shoulder belts that are all being used to
properly restrain other children under
the age of 18.
(c) One child per seating position. An operator
of a motor vehicle shall ensure that no more than
one child occupies each vehicle seating position
equipped with a seat belt.
(d) Pick up trucks. Passengers under 18 years
old must ride within the passenger compartment
of a pickup truck except:
In the event the ATV or motor-driven
cycle is equipped with a single-beam lamp
or lamps, the lamp or lamps shall be so
CD16:30
(1)
When accompanied by adult as participants in parades;
(2)
When the passenger is secured by a seat
belt in a manufacturer-installed seat located outside the passenger compartment; or
TRAFFIC AND MOTOR VEHICLES
(3)
When accompanied by an adult during
wake or funeral-related activities.
(e) Air bags. Children under 13 years old shall
not be placed in an air bag-equipped front seat
unless the air bag has been disabled or no other
seat is available.
(f) Emergencies. Motor vehicle operators are
exempt from the requirements of subsections (a)
through (e) of this section when transporting a
child in a life threatening emergency, or when a
child is being transported in an authorized emergency vehicle.
(g) Determining child's age. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine
from the motor vehicle operator the age(s) of the
unrestrained child or children within the vehicle.
(h) Penalty. The operator of any motorized
vehicle shall be responsible for all passengers
within the vehicle. An operator of any motorized
vehicle who violates any provision of this section
shall be subject to a civil penalty of $40.00. An
operator may be separately responsible for each
unrestrained passenger that may arise from the
same incident. If the violation was based upon an
operator who is the parent or guardian of a child
who failed to secure a child under nine) years of
age, the court may waive the fine upon sufficient
proof of purchase and installation of a child restraint system into the registered vehicle of that
parent or guardian that meets Federal Motor
Vehicle Safety Standards, if that parent or guardian has no prior violations for this offense.
(Ord. No. SRO-417-2013, § 16-95, 2-1-2013; Ord.
No. SRO-428-2014, § 16-95, 1-1-2014)
Sec. 16-96. Restraint use for children under
nine years of age.
§ 16-97
(b) Age of child. If a law enforcement officer
stops a vehicle for an apparent violation of this
section, the officer shall determine from the motor
vehicle operator the age(s) of the unrestrained
child or children within the vehicle.
(c) Penalty. The operator of any motorized vehicle shall be responsible for all children within
the vehicle. An operator of any motorized vehicle
who violates any provision of this section shall be
subject to a civil penalty of $40.00. An operator
may be separately responsible for each unrestrained child that may arise from the same
incident. If the violation was based upon an
operator who is the parent or guardian of a child
who failed to secure a child under nine years of
age, the court may waive the fine upon sufficient
proof of purchase and installation of a child restraint system into the registered vehicle of that
parent or guardian that meets Federal Motor
Vehicle Safety Standards, if that parent or guardian has no prior violations for this offense.
(Ord. No. SRO-417-2013, § 16-96, 2-1-2013; Ord.
No. SRO-428-2014, § 16-96, 1-1-2014)
Sec. 16-97. Operator and passenger seat belt
use.
(a) Restraint. All operators and passengers of
motor vehicles being operated on public roadways, streets and highways within the Community shall be restrained correctly in a vehicle seat
by the appropriate manufacturer's installed seat
belt device.
(b) Operator. The operator of a motor vehicle
being operated on public roadways, streets and
highways within the Community, shall ensure
that all passengers be properly restrained.
(c) Exceptions to this section shall be limited to
the following:
(a) Passenger child restraint system. A person
shall not transport a child under nine years old in
a motor vehicle on the public highways within the
Community unless the child is correctly secured
in an appropriate passenger child restraint system that is correctly installed and that meets or
exceeds the requirements of the applicable federal motor vehicle safety standards.
CD16:31
(1)
A person who operates a motor vehicle
that was originally manufactured without
a passenger restraint devices;
(2)
A person who must transport a child in a
life threatening situation to obtain necessary medical care;
(3)
Police, fire, and emergency medical personnel responding to emergencies;
§ 16-97
(4)
(5)
COMMUNITY CODE OF ORDINANCES
A person possessing a written statement
from a physician that the person is unable
for medical or psychological reasons to
wear a lap and shoulder belt or lap belt or
is wheel-chair bound; or
United States postal carrier in the performance of official duties.
(d) Penalty. The operator of any motorized
vehicle shall be responsible for all passengers
within the vehicle. A driver who violates any
provision of this chapter shall be subject to a civil
penalty of $40.00. A driver may be separately
responsible for each unrestrained passenger that
may arise from the same incident. Any adult
passenger within a motor vehicle who violates
any provision of this chapter shall be subject to a
civil penalty of $40.00.
(Ord. No. SRO-417-2013, § 16-97, 2-1-2013; Ord.
No. SRO-428-2014, § 16-97, 1-1-2014)
Secs. 16-98—16-100. Reserved.
ARTICLE IV. SIZE, WEIGHT AND LOAD
Sec. 16-101. Effect and scope.
(a) Prohibitions. It is a violation of this section
for any person to drive or move or for the owner to
cause or knowingly permit to be driven or moved
on any highway any vehicle or vehicles of a size or
weight exceeding the limitations stated in this
article, or otherwise in violation of this article,
and the fact that a vehicle is within the maximum
size and weight of vehicles specified in this article
shall have no power or authority to alter the
limitations except as express authority may be
granted by this article. Any person who violates
this section is subject to civil penalties as provided in this chapter.
(b) Exceptions. The provisions of this article
governing size shall not apply to authorized emergency vehicles, fire apparatus, road machinery, or
to implements of husbandry, including farm tractors, temporarily moved upon a highway, or to a
vehicle operated under the terms of a special
permit issued as provided by this article.
(Ord. No. SRO-417-2013, § 16-101, 2-1-2013; Ord.
No. SRO-428-2014, § 16-101, 1-1-2014)
Sec. 16-102. Council's power to restrict
weight of vehicles.
(a) Prohibitions. The council may prohibit the
operation of vehicles upon the highway or impose
restrictions as to the weight of vehicles to be
operated upon such highway, for a total period not
to exceed 90 days in any one calendar year, when
such highway, by reason of deterioration, rain,
snow or other climatic conditions, will be seriously damaged or destroyed unless the use of
vehicles thereon is prohibited or the permissible
weights thereof reduced.
(b) Signs. The council must erect or cause to be
erected and maintained signs designating the
restrictions as to the weight of vehicles upon a
highway or prohibition of the use of the highway.
(c) Commercial vehicles. The council may also
prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the
weight thereof, on designated highways, which
prohibitions and limitations shall be designated
by appropriate signs placed on the highways.
(d) Weight. The council may impose restrictions as to the weight of vehicles operated upon
any Community highway, and such restrictions
shall be effective when signs giving notice thereof
are erected upon the highway.
(Ord. No. SRO-417-2013, § 16-102, 2-1-2013; Ord.
No. SRO-428-2014, § 16-102, 1-1-2014)
Sec. 16-103. Liability for damage resulting
from overweight load.
(a) Illegal operation. Any person driving any
vehicle, object or contrivance upon any highway
or highway structure shall be liable for all damage which the highway or structure may sustain
as a result of any illegal operation, driving or
moving of the vehicle, object or contrivance, or as
a result of operating, driving or moving any
vehicle, object or contrivance weighing in excess
of the maximum weight of this article, but authorized by a special permit issued as provided in
section 16-113.
(b) Liability. When the driver is not the owner
of the vehicle, object or contrivance, but the driver
is operating, driving or moving the same with the
CD16:32
TRAFFIC AND MOTOR VEHICLES
express or implied permission of the owner, then
the owner and driver shall be jointly and severally liable for any damage.
(c) Civil action. Such damage may be recovered in a civil action brought by the Community.
(Ord. No. SRO-417-2013, § 16-103, 2-1-2013; Ord.
No. SRO-428-2014, § 16-103, 1-1-2014)
§ 16-107
(b) Length. No vehicle, including any load
thereon, shall exceed a length of 40 feet, extreme
overall dimension, inclusive of front and rear
bumpers. This provision shall not apply to a
semitrailer as defined in this chapter when used
in combination with a truck tractor, but such
combination shall not exceed the length of combinations of vehicles as set forth in subsection (c) of
this section.
Sec. 16-104. Width of vehicle and load.
(a) Outside width. The total outside width of
any vehicle or the load thereon shall not exceed
eight feet, except as otherwise provided in the
section.
(b) Pneumatic tires. When pneumatic tires, in
substitution for the same type or other type of
tires, are placed upon vehicles in operation on
July 1, 1950, the maximum width from the outside of one wheel and tire to the outside of the
opposite wheel and tire shall not exceed eight
feet, six inches, but in such event the outside
width of the body of the vehicle or load thereon
shall not exceed eight feet.
(c) Federal regulations. Upon enactment of federal regulations allowing the operation of vehicles
up to 102 inches in width on the interstate system, the council may designate highways to conform with federal regulations.
(Ord. No. SRO-417-2013, § 16-104, 2-1-2013; Ord.
No. SRO-428-2014, § 16-104, 1-1-2014)
Sec. 16-105. Projecting loads on passenger
vehicles.
No passenger-type vehicle shall be operated on
any highway with any load carried thereon extending beyond the line of the fenders on the left
side of the vehicle and extending more than six
inches beyond the line of the fenders on the right
side thereof.
(Ord. No. SRO-417-2013, § 16-105, 2-1-2013; Ord.
No. SRO-428-2014, § 16-105, 1-1-2014)
Sec. 16-106. Height and length of vehicles
and loads.
(a) Height. No vehicle, including any load
thereon, shall exceed a height of 13 feet six
inches.
(c) Combination of vehicles. No combination of
vehicles coupled together shall consist of more
than two units except that a truck tractor and
semitrailer will be permitted to haul one full
trailer and no such combination of vehicles shall
exceed a total length of 65 feet.
(Ord. No. SRO-417-2013, § 16-106, 2-1-2013; Ord.
No. SRO-428-2014, § 16-106, 1-1-2014)
Sec. 16-107. Length of load projection.
(a) Length limit. Subject to provisions of sections 16-101 through 16-106, limiting the length
of vehicles and loads, the load upon any vehicle
operated alone or the load upon the front vehicle
of a combination of vehicles shall not extend more
than three feet beyond the foremost part of the
vehicle, and the load upon any vehicle operated
alone or the load upon the rear vehicle of a
combination of vehicles shall not extend more
than six feet beyond the rear of the bed or body of
the vehicle. The extensions beyond the front and
rear of the vehicle in this section are not included
for determining the length of the vehicle under
section 16-106.
(b) Pole trailers. The limitations as to length of
vehicles and loads set forth in section 16-106 and
subsection (a) of this section shall not apply to any
load upon a pole trailer as defined in this chapter
when transporting poles or pipes or structural
material which cannot be dismembered, provided
that no pole or pipe or other material exceeding
80 feet in length shall be so transported unless a
permit has first been obtained as authorized in
section 16-113.
(Ord. No. SRO-417-2013, § 16-107, 2-1-2013; Ord.
No. SRO-428-2014, § 16-107, 1-1-2014)
CD16:33
§ 16-108
COMMUNITY CODE OF ORDINANCES
Sec. 16-108. Loads and covers to be secured.
(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, or otherwise escaping there from,
except the following are permitted:
(1)
Sufficient sand may be dropped for the
purpose of securing traction;
(2)
Water or other substance may be applied
on a roadway in cleaning, dust control or
maintaining the roadway;
(3)
Minor pieces of agricultural materials such
as leaves and stems from agricultural
loads.
(b) No person shall operate on any highway a
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.
(Ord. No. SRO-417-2013, § 16-108, 2-1-2013; Ord.
No. SRO-428-2014, § 16-108, 1-1-2014)
Sec. 16-109. Towed vehicles.
(a) Connection strength. When one vehicle is
towing another, the drawbar or other connection
shall be of sufficient strength to pull all weight
towed by the vehicle and the drawbar or other
connection shall not exceed 15 feet from one
vehicle to the other, except the connection be-
tween any two vehicles transporting poles, pipe,
machinery or other object of structural nature
which cannot readily be dismembered.
(b) Flag displayed. When one vehicle is towing
another and the connection consists of a chain,
rope or cable, there shall be displayed upon the
connection a white flag or cloth not less than 12
inches square.
(Ord. No. SRO-417-2013, § 16-109, 2-1-2013; Ord.
No. SRO-428-2014, § 16-109, 1-1-2014)
Sec. 16-110. Single-axle load limit.
(a) Gross weight. The gross weight imposed on
the highway by the wheels of any one axle of a
vehicle shall not exceed 20,000 pounds, provided
that the council may in accordance with the
provisions of section 16-113 issue a special permit
for the purpose of moving from job to job within
the Community, and from job to place of servicing
and return within the Community, road machinery which exceeds the maximum weight specified
in this section.
(b) Axle load. For the purposes of this article,
an axle load means the total load transmitted to
the road by all wheels whose centers are included
between two parallel transverse vertical planes
40 inches apart, extending across the full width of
the vehicle.
(c) Special permits. This section shall not be
construed to limit in any manner the power of the
council to issue special permits pursuant to the
provisions of section 16-113.
_________________________________________________________________________________________________
(d) Punishment-fines. A person convicted of violating this provision shall be punished by a fine, the
maximum of which shall be $2,500.00 and the minimum of which shall be set forth in the following table:
If the excess weight is
The minimum fine shall be:
1,000 to 2,000 pounds
2,001 to 3,000 pounds
3,001 to 4,000 pounds
4,001 to 5,000 pounds
5,001 pounds and over
$100.00
$200.00
$300.00
$400.00
$500.00
(Ord. No. SRO-417-2013, § 16-110, 2-1-2013; Ord. No. SRO-428-2014, § 16-110, 1-1-2014)
CD16:34
TRAFFIC AND MOTOR VEHICLES
§ 16-111
Sec. 16-111. Gross weight of vehicles and loads.
(a) Limits set out—Up to 18 feet. Subject to the limit upon the weight imposed upon the highway
through any one axle as set forth in the previous section, the total gross weight with load imposed upon
the highway by any one group of two or more consecutive axles of a vehicle or combination of vehicles
shall not exceed the gross weight given for the respective distance between the first and last axle of the
group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance between first
and last axles of group
(feet)
Allowed load on
ground of axles
(pounds)
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
32,000
32,000
32,200
32,900
33,600
34,300
35,000
36,400
37,100
43,200
43,200
44,000
44,800
45,600
46,400
(b) Same—Over 18 feet. The total gross weight with load imposed on the highway by any vehicle or
combination of vehicles where the distance between the first and last axles is more than 18 feet shall not
exceed that given for the respective distances in the following table:
Distance in Feet
Allowed Load in Pounds
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
46,400
47,200
48,000
48,800
49,600
50,400
51,200
55,250
56,100
56,950
57,800
58,650
59,500
60,350
61,200
62,050
62,900
CD16:35
§ 16-111
COMMUNITY CODE OF ORDINANCES
Distance in Feet
Allowed Load in Pounds
35
36
37
38
39
40
41
42—51
52
53
54
55
56 and over
63,750
64,600
65,450
66,300
68,000
70,000
72,000
73,280
73,600
74,400
75,200
76,000
76,800
(c) How distance measured. The distance between axles shall be measured to the nearest even foot.
When a fraction is exactly one-half foot, the next larger whole number shall be used.
(d) Punishment fines. A person convicted of violating this provision shall be punished by a fine, the
maximum of which shall be $2,500.00 and the minimum of which shall be set forth in the following table:
If the excess weight is
The minimum fine shall be:
1,000 to 2,000 pounds
$100.00
2,001 to 3,000 pounds
$200.00
3,001 to 4,000 pounds
$300.00
4,001 to 5,000 pounds
$400.00
5,001 pounds and over
$500.00
_________________________________________________________________________________________________
(e) Axle weight violations. If the officer finds
that the person has violated only the axle weight
limitation and not the total weight limitation, the
officer shall request the driver to reload the vehicle to comply with the axle weight limitations;
and if the driver so complies, the driver shall not
be subject to a fine. If the driver does not comply
with the request of the officer to reload, the driver
shall be subject to a fine as provided in subsection
(d) of this section.
Cross reference—Size, weight and load, §§ 16-101—16113.
(Ord. No. SRO-417-2013, § 16-111, 2-1-2013; Ord.
No. SRO-428-2014, § 16-111, 1-1-2014)
Sec. 16-112. Community officers authorized
to stop vehicles, weigh and require removal of excess weight.
(a) Stops authorized. A police officer having
reason to believe that the weight of a vehicle and
load is unlawful is authorized to require the
driver to stop and submit to a weighing of the
same by means of either portable or stationary
scales and may require that the vehicle be driven
to the nearest scales in the event such scales are
within two miles.
(b) Load removal. When a police officer, upon
weighing a vehicle and load as provided in subsection (a) of this section, determines that the
weight is unlawful, the officer may require the
driver to stop the vehicle in a suitable place and
remain standing until such portion of the load is
removed as may be necessary to reduce the gross
weight of the vehicle to the limit as permitted
under this article. All material so unloaded shall
be cared for by the owner or operator of the
vehicle at the wish of the owner or operator.
(c) Refusing to stop. Any driver of a vehicle
who fails or refuses to stop and submit the vehicle
and load to a weighing, or who fails or refuses
CD16:36
TRAFFIC AND MOTOR VEHICLES
when directed by an officer upon a weighing of the
vehicle to stop the vehicle and otherwise comply
with the provisions of this section is guilty of a
criminal offense.
(Ord. No. SRO-417-2013, § 16-112, 2-1-2013; Ord.
No. SRO-428-2014, § 16-112, 1-1-2014)
Sec. 16-113. Permit for excess size and
weight.
(a) Council authorized to grant. The council
may, in its discretion, upon application in writing
and good cause being shown therefore, issue a
special permit in writing authorizing the applicant to operate or move a vehicle or combination
of vehicles of a size or weight of vehicle or load
exceeding the maximum specified in this article
or otherwise not in conformity with the provisions
of this chapter upon Community highways.
(b) Contents of application. The application for
any such permit shall specifically describe the
vehicle or vehicles and load to be operated or
moved and the particular highways for which
permit to operate is requested, and whether the
permit is requested for a single trip or for continuous operation.
(c) Limitations on permit. The council is authorized to issue or withhold the permit at its discretion. If the permit is issued, the council may limit
the number of trips, establish seasonal or other
time limitations within which the vehicles described may be operated on the highways indicated or otherwise limit or prescribe conditions of
operation of the vehicle or vehicles, when necessary to assure against undue damage to the road
foundations, surfaces or structures, and may require such undertaking or other security as may
be deemed necessary to compensate for any injury
to any roadway or road structure.
(d) Permit to be carried, displayed. Such a
permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be
open to inspection by any law enforcement officer
and no person shall violate any of the terms or
conditions of the special permit.
(e) Fees. The following fees shall be assessed
for each permit issued in accordance with the
provisions of this section:
(1)
For a single trip and one load—$100.00.
(2)
§ 16-122
For 30 days—$300.00.
(f) Government vehicles exempt. No fees shall
be assessed for any permit issued in accordance
with the provisions of this section for the movement of vehicles or combination of vehicles owned
by the United States or the Community, federally
recognized Indian tribes, the State of Arizona or
any political subdivision thereof.
(Ord. No. SRO-417-2013, § 16-113, 2-1-2013; Ord.
No. SRO-428-2014, § 16-113, 1-1-2014)
Secs. 16-114—16-120. Reserved.
ARTICLE V. TRAFFIC-CONTROL
DEVICES
Sec. 16-121. Council authorized to place
signs on all Community highways.
The council shall designate a Community agency
to adopt a manual and specifications for a uniform
system of traffic control devices for use on highways within the Community. The designated Community agency will have the authority to place
and maintain signs according to the manual and
specifications adopted. The goal of placing and
maintaining the traffic devices on the highways of
the Community is for the purpose of regulating,
guiding, or warning traffic.
(Ord. No. SRO-417-2013, § 16-121, 2-1-2013; Ord.
No. SRO-428-2014, § 16-121, 1-1-2014)
Sec. 16-122. Obedience to devices required;
exceptions.
(a) Traffic control device. 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 police officer, subject to the exemptions granted to a driver of an
authorized emergency vehicle in this chapter.
(b) Gore area. The driver of any vehicle shall
not drive over or across or park in any part of a
gore area. This subsection does not apply to the
driver of a vehicle that is disabled while on the
paved or main traveled portion of a highway in a
manner and to an extent that it is impossible to
CD16:37
§ 16-122
COMMUNITY CODE OF ORDINANCES
to make the movement indicated by
such arrow, or such other movement
as is permitted by other indications
shown at the same time. Such vehicular traffic shall yield the right-ofway to pedestrians lawfully within
an adjacent crosswalk and to other
traffic lawfully using the intersection.
avoid stopping and temporarily leaving the disabled vehicle in that position. For the purpose of
this subsection, the term "gore area" means the
area that is between a through roadway and an
entrance ramp or exit ramp and that is defined by
two wide solid white lines that guide traffic entering or exiting a roadway. Gore area does not
include a safety zone. The restriction in this
subsection shall not apply to a driver of an authorized emergency vehicle in this chapter or if the
driver is directed by a police officer.
(c) Signage. No provision of this chapter for
which signs are required shall be enforced against
an alleged violator if at the time and place of the
alleged violation an official sign is not in proper
position and sufficiently legible to be seen by an
ordinarily observant person. When a particular
section does not state that signs are required,
that section shall be effective even though no
signs are erected or in place.
(Ord. No. SRO-417-2013, § 16-122, 2-1-2013; Ord.
No. SRO-428-2014, § 16-122, 1-1-2014)
c.
(2)
Steady yellow indication:
a.
Vehicular traffic facing a steady yellow signal is thereby warned that
the related green movement is being
terminated or that a red indication
will be exhibited immediately thereafter when vehicular traffic shall not
enter the intersection.
b.
Pedestrians facing a steady yellow
signal, unless otherwise directed by
a pedestrian control signal as provided in section 16-127, are thereby
advised that there is insufficient time
to cross the roadway before a red
indication is shown and no pedestrian shall then start to cross the
roadway.
Sec. 16-123. Signal legend.
(a) When traffic is controlled by traffic control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or
in combination, only the colors green, red, and
yellow shall be used, except for special pedestrian
signals carrying a word or symbol legend, and
such lights shall indicate and apply to drivers of
vehicles and pedestrians as follows:
(1)
Green indication:
a.
b.
Vehicular traffic facing a green signal may proceed straight through or
turn right or left unless a sign at
that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the rightof-way to other vehicles and to
pedestrians lawfully within the intersection or an adjacent crosswalk
at the same time the signal is exhibited.
Vehicular traffic facing a green arrow signal, shown along or in combination with another indication, may
cautiously enter the intersection only
CD16:38
(3)
Unless otherwise directed by a pedestrian control signal, as provided
in section16-127, pedestrians facing
any green signal, except if the sole
green signal is a turn arrow, may
proceed across the roadway within
any marked or unmarked crosswalk.
Red indication:
a.
Vehicular traffic facing a steady red
signal alone shall stop at a clearly
marked stop line; but if none, before
entering the crosswalk on the near
side of the intersection; or if none,
then before entering the intersection, and shall remain standing until
an indication to proceed is shown
except as provided in subdivisions
(b) and (c) of this subsection.
b.
The driver of a vehicle which is
stopped as close as practicable at the
entrance to the crosswalk on the
TRAFFIC AND MOTOR VEHICLES
c.
d.
near side of the intersection or, if
there is no crosswalk, then at the
entrance to the intersection, in obedience to a red signal may make a
right turn, but shall yield the rightof-way to pedestrians and other traffic proceeding as directed by the signal. Right turns may be prohibited
against a red signal at any intersection when a sign is erected at the
intersection prohibiting such turn.
The driver of a vehicle on a one-way
street which intersects another oneway street on which traffic moves to
the left shall stop in obedience to a
red signal, but may then make a left
turn into such one-way street, but
shall yield the right-of-way to pedestrians and other traffic proceeding as
directed by the signal at the intersection, except that any such left
turn as above described may be prohibited when a sign is erected at
such intersection giving notice
thereof.
Unless otherwise directed by a pedestrian control signal as provided
in section 16-127, pedestrians facing
a steady red signal alone shall not
enter the roadway.
(b) If an official traffic control signal is erected
and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their
nature can have no application. Any stop required
shall be made at a sign or marking on the pavement indicating where the stop shall be made, but
in the absence of a sign or marking the stop shall
be made at the signal.
Cross reference—Pedestrians' rights and duties, §§ 16281—16-287.
(Ord. No. SRO-417-2013, § 16-123, 2-1-2013; Ord.
No. SRO-428-2014, § 16-123, 1-1-2014)
Sec. 16-124. Flashing signals.
When an illuminated flashing red or yellow
signal is used in a traffic sign or signal, it shall
require obedience by vehicular traffic as follows:
(1) Flashing red stop signal. When a red lens
is illuminated with rapid intermittent
§ 16-125
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.
(2)
Flashing yellow caution signal. When a
yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may
proceed through the intersection or past
the signal only with caution.
(Ord. No. SRO-417-2013, § 16-124, 2-1-2013; Ord.
No. SRO-428-2014, § 16-124, 1-1-2014)
Sec. 16-125. Stop signs and yield signs.
(a) Council's authority to place. The council or
a Community agency designated by council, with
reference to Community highways, may designate through highways and erect stop or yield
signs at specified entrances thereto or may designate any intersection as a stop or yield intersection and erect like signs at one or more entrances
to the intersection.
(b) Specifications. Every stop sign shall bear
the word "stop" in letters not less than six inches
in height. Every yield sign shall bear the word
"yield" in letters not less than three inches in
height. The sign shall at nighttime be rendered
luminous by steady or flashing internal illumination or by efficient reflecting elements on the face
of the sign.
(c) Placement. Every stop sign and every yield
sign shall be erected as near as practicable to the
nearest line of the crosswalk, then as close as
practicable to the nearest line of the intersecting
roadway.
(d) Obedience to stop sign. Every driver of a
vehicle approaching a stop sign shall stop before
entering the crosswalk on the near side of the
intersection or, in the event there is no crosswalk,
shall stop at a clearly marked stop line, but if
none, then at the point nearest the intersection
roadway where the driver has a view of approaching traffic on the intersecting roadway before
entering the intersection except when directed to
proceed by a police officer or traffic-control signal.
CD16:39
§ 16-125
COMMUNITY CODE OF ORDINANCES
(e) Obedience to yield sign. The driver of a
vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and shall yield the
right-of-way to any vehicle in the intersection or
approaching on another highway so closely as to
constitute an immediate hazard during the time
such driver is moving across or within the intersection, provided that if such driver is involved in
a collision with a vehicle in the intersection, after
driving past a yield sign without stopping, such
collision shall be deemed prima facie evidence of
the driver's failure to yield the right-of-way.
(Ord. No. SRO-417-2013, § 16-125, 2-1-2013; Ord.
No. SRO-428-2014, § 16-125, 1-1-2014)
Sec. 16-127. Pedestrian control signals.
(a) When special pedestrian control signals
exhibiting the words "walk" or "don't walk" or a
symbol of a walking person that symbolizes the
word "walk" or a symbol of an upraised hand that
symbolizes the words "don't walk" are in place,
the signals shall indicate as follows:
(2)
Cross reference—Construction of roadways, §§ 17-41—
17-47.
(Ord. No. SRO-417-2013, § 16-128, 2-1-2013; Ord.
No. SRO-428-2014, § 16-128, 1-1-2014)
Sec. 16-129. Injuring, defacing, traffic-control or warning signs.
(a) Prohibition. No person shall without lawful
authority attempt to or in fact alter, deface, injure
or knock down any official traffic-control device
thereon or any other part thereof.
Sec. 16-126. Reserved.
(1)
highways shall post and maintain at the work
site, until the work is completed or until such
time as the governing body authorizes removal,
such warning signs, signals, markers and barricades in compliance with the manual and specifications for uniform system of traffic control devices adopted pursuant to section 16-121, to warn
those using such streets, roads or highways.
Walk. Pedestrians facing the signal may
proceed across the roadway in the direction of the signal and shall be given the
right-of-way by the drivers of vehicles.
Don't walk. No pedestrian shall start to
cross the roadway in the direction of the
signal, but any pedestrian who has partially completed his or her crossing on the
walk signal shall proceed to a sidewalk or
safety island while the "don't walk" signal
is showing.
(b) A pedestrian shall not loiter or unduly
delay crossing the roadway after traffic has stopped
to give the right-of-way.
Cross reference—Pedestrians' rights and duties, §§ 16281—16-287.
(Ord. No. SRO-417-2013, § 16-127, 2-1-2013; Ord.
No. SRO-428-2014, § 16-127, 1-1-2014)
Sec. 16-128. Construction or road work site
warning devices.
Any contractor, firm, corporation or political
subdivision performing work on roads, streets or
(b) Preemption emitter. A person shall not possess a traffic preemption emitter unless the person is authorized to possess a traffic preemption
emitter within the course and scope of the person's duties with a law enforcement agency, fire
department, ambulance service or agency of the
federal government, federally recognized Indian
Tribe, or the State of Arizona or a political subdivision of Arizona.
Cross reference—Injury to public property, § 6-101.
(Ord. No. SRO-417-2013, § 16-129, 2-1-2013; Ord.
No. SRO-428-2014, § 16-129, 1-1-2014)
Secs. 16-130—16-140. Reserved.
ARTICLE VI. OPERATION OF VEHICLES
DIVISION 1. GENERALLY
Sec. 16-141. Operation of vehicles by nonmembers on land other than
Community roadways.
(a) Prohibited. No person, except members of
the Community, employees of the United States
government, or employees of the Community, may
operate any motor-driven vehicle on any land
within the Community except over highways as
defined by this chapter.
CD16:40
TRAFFIC AND MOTOR VEHICLES
(b) Impoundment of vehicle; notification of owner.
If any vehicle is operated in violation of this
section, the vehicle shall be impounded by a police
officer of the Community and shall be kept at a
place of storage within the Community. Within 15
days of the date of impoundment, notice by certified mail, return receipt requested, shall be sent
to the registered owner and the lienholder of the
vehicle impounded informing such owner of the
time and place of a hearing to determine whether
the vehicle was operated in violation of the section and what, if any, damages resulted from such
operation. The notice will be sent by the police
department and a record of the notice will be kept
by the police department and Community court.
(c) Hearing. After a hearing, if the court determines that the vehicle was being unlawfully operated and caused damages, the court shall enter
its judgment determining such illegal operation
and the amount of damages caused and ordering
that the police department shall hold the vehicle
until the owner of the vehicle pays to the court for
the benefit of the Community the amount of
damages which the court has determined was
caused by the unlawful operation of the vehicle, or
the value of the vehicle, whichever is the lesser. A
copy of the court's judgment shall be forwarded to
the owner of the vehicle within three days of the
issuance of the judgment.
(d) Sale of vehicle for recovery of damages. Any
judgment by the court under this section finding
illegal operation and damages shall provide that
unless payment of the damages as provided for
herein is made within 30 days after the entry of
judgment, the vehicle will be sold at public auction after reasonable notice by certified mail to
the owner of the vehicle of said sale. Upon payment of such amount within 30 days, the vehicle
will be returned to the owner. The proceeds of the
sale necessary for the satisfaction of the judgment
shall be paid by the clerk of the court to the
Community for the benefit of the beneficial owners of the land damaged, and any excess over such
judgment shall be paid first to satisfy the expenses incurred by the court and the police department in the impoundment and hearing proceedings and second to the owner of the vehicle.
§ 16-142
(e) Release of vehicle on posting of bond. In the
event the owner of the vehicle posts a cash bond
with the clerk of the Community court in an
amount equal to the value of the vehicle, prior to
the hearing required by this section, the vehicle
will be returned to such owner at the time of the
posting of the bond. The value of the vehicle shall
be determined from any commercially recognized
valuation periodical by the clerk of the court. In
the event the owner of the vehicle objects to the
value set by the clerk of the court, the judge of the
Community court shall make such determination
upon affidavits submitted by the owner of the
vehicle and the police chief of the Community.
(Ord. No. SRO-417-2013, § 16-141, 2-1-2013; Ord.
No. SRO-428-2014, § 16-141, 1-1-2014)
Sec. 16-142. Driving on right side of roadway; exceptions.
(a) Upon all roadways of sufficient width, a
vehicle shall be driven upon the right half 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.
(3)
Upon a roadway divided into three marked
lanes for traffic under the rules applicable
thereon.
(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 then 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.
(Ord. No. SRO-417-2013, § 16-142, 2-1-2013; Ord.
No. SRO-428-2014, § 16-142, 1-1-2014)
CD16:41
§ 16-143
COMMUNITY CODE OF ORDINANCES
Sec. 16-143. Driving on roadways laned for
traffic and rotary traffic islands.
(a) When any roadway has been divided into
two or more clearly marked lanes for traffic, the
following rules in addition to others consistent
with this section shall apply:
(1)
(2)
(3)
A vehicle shall be driven as nearly as
practicable entirely within a single lane
and shall not be moved from that lane
until the driver has first ascertained that
the movement can be made with safety.
Upon a roadway which is divided into
three 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 the center
lane is clear of traffic within a safe distance, or in preparation for a left turn or
where the 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 the allocation.
Official signs may be erected directing
slow-moving traffic to use a designated
lane or designating those lanes to be used
by traffic moving in a particular direction
regardless of the center of the roadway
and drivers of vehicles shall obey the
directions of every sign.
(b) A person shall drive a vehicle passing around
a rotary traffic island only to the right of the
island.
(Ord. No. SRO-417-2013, § 16-143, 2-1-2013; Ord.
No. SRO-428-2014, § 16-143, 1-1-2014)
barrier or dividing section or space or at a crossover or intersection established by public authority.
(Ord. No. SRO-417-2013, § 16-144, 2-1-2013; Ord.
No. SRO-428-2014, § 16-144, 1-1-2014)
Sec. 16-145. Drivers on controlled access
roadways to use only authorized entrances and exits.
No person shall drive a vehicle onto or from
any controlled access roadway except at entrance
and exits established by public authority.
(Ord. No. SRO-417-2013, § 16-145, 2-1-2013; Ord.
No. SRO-428-2014, § 16-145, 1-1-2014)
Sec. 16-146. Driving on mountain highways.
The driver of a motor vehicle traveling through
canyons or on mountain highways shall hold the
motor vehicle under control and as near the
right-hand edge of the roadway as safely as possible.
(Ord. No. SRO-417-2013, § 16-146, 2-1-2013; Ord.
No. SRO-428-2014, § 16-146, 1-1-2014)
Sec. 16-147. Moving parked vehicle.
No person shall move a vehicle which is stopped,
standing or parked unless and until the movement can be made with reasonable safety.
(Ord. No. SRO-417-2013, § 16-147, 2-1-2013; Ord.
No. SRO-428-2014, § 16-147, 1-1-2014)
Sec. 16-148. Motorcycle, motor-driven cycle, and ATV riders and passengers to ride only on designated
seats.
Sec. 16-144. Driving on divided highways.
When any highway has been divided into two
roadways by leaving an intervening space or by a
physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic,
every vehicle shall be driven only upon the righthand roadway, and no vehicle shall be driven over,
across or within the dividing space, barrier or
section, except through an opening in the physical
A person operating a motorcycle, motor-driven
cycle, or ATV's shall ride only upon the permanent and regular seat attached thereto, and the
operator shall not carry any other person nor
shall any other person ride on a motorcycle,
motor-driven cycle, or all-terrain vehicle unless
the motorcycle, motor-driven cycle, or all-terrain
vehicle is designed to carry more than one person,
in which event a passenger may ride upon the
CD16:42
TRAFFIC AND MOTOR VEHICLES
permanent and regular seat if designed for two
persons, or upon another seat firmly attached to
the rear or side of the operator.
(Ord. No. SRO-417-2013, § 16-148, 2-1-2013; Ord.
No. SRO-428-2014, § 16-148, 1-1-2014)
Sec. 16-149. Operation of vehicles upon approach of authorized emergency
vehicle.
emergency until the police vehicle moves
to the lane closest to the right-hand edge
or curb of the highway.
(c) If a person who drives a vehicle approaches
a stationary authorized emergency vehicle and
the authorized emergency vehicle is giving a
signal by displaying alternately flashing red or
red and blue lights, the operator of the motor
vehicle shall do either of the following:
(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least
one lighted lamp exhibiting red or red and blue
light visible under normal atmospheric conditions
from a distance of 500 feet to the front of the
vehicle when operated as an authorized emergency vehicle, and when the driver is giving
audible signal by siren, exhaust whistle or bell:
(1)
(2)
(3)
The driver of every 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 that position
until the authorized emergency vehicle
has passed, except when otherwise directed by a police officer.
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 500 feet or drive
into or park the vehicle within the block
where fire apparatus has stopped in answer to a fire alarm.
This section shall not apply to an authorized emergency vehicle operating with
activated emergency lights and siren.
(b) When a police vehicle in motion is giving a
visual signal with at least one lighted red or red
and blue light or lens and is giving an audible
signal by siren:
(1)
The driver of another vehicle shall not
approach or drive parallel to the police
vehicle.
(2)
The driver of another vehicle shall maintain a distance of three hundred feet behind any police vehicle involved in an
§ 16-150
(1)
If on a highway having at least four lanes
with at least two lanes proceeding in the
same direction as the approaching vehicle, proceed with due caution and if possible, with due regarding to safety and
traffic conditions, yield the right-of-way
by making a lane change into a lane not
adjacent to that of the authorized emergency vehicle; or
(2)
If changing lanes would be impossible or
unsafe, proceed with due caution and reduce the speed of the vehicle, maintain a
safe speed for road condition.
(d) This section shall not 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. SRO-417-2013, § 16-149, 2-1-2013; Ord.
No. SRO-428-2014, § 16-149, 1-1-2014)
Sec. 16-150. Operation of vehicle upon approach of school bus.
(a) Driver to stop when bus stops. The driver of
a vehicle on a highway, upon meeting or overtaking from either direction any school bus which has
stopped on the highway for the purpose of receiving or discharging any school children, shall stop
the vehicle before reaching the school bus and
shall not proceed until the school bus resumes
motion or until signaled by the driver to proceed.
(b) School bus identification. Every bus used
for the transportation of school children shall
bear upon the front and rear thereon a plainly
visible sign containing the words "school bus" in
letters not less than eight inches in height. When
a school bus is being operated upon a highway for
purposes other than the actual transportation of
CD16:43
§ 16-150
COMMUNITY CODE OF ORDINANCES
children either to or from school, all markings
thereon indicating "school bus" shall be covered or
concealed.
(c) Manual stop sign required for bus. Every
bus used for the transportation of school children
shall be equipped with a signal with the word
"stop" printed on both sides in white letters not
less than five inches high on a red background.
The signal shall not be less than 20 inches long
and shall be manually operated by the operator of
the school bus in such manner as to be clearly
visible from both front and rear when extended
from the left of the body of the bus. It shall be
displayed only when passengers are being received or discharged from the bus.
(d) Stop not required on divided highway. The
driver of a vehicle upon a highway 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 stopped in loading zone which is a part
of or adjacent to the highway and where pedestrians are not permitted to cross the roadway.
(Ord. No. SRO-417-2013, § 16-150, 2-1-2013; Ord.
No. SRO-428-2014, § 16-150, 1-1-2014)
Sec. 16-151. Following too closely.
(a) Following too closely. 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 the vehicles and the
traffic upon and the condition of the highway.
(b) Drawn vehicles. The driver of any motor
truck or motor vehicle drawing another vehicle
when traveling upon a roadway outside a business or residence district, which vehicle is following another motor truck or motor vehicle drawing
another vehicle shall, when conditions permit,
leave sufficient space so that an overtaking vehicle may enter and occupy the space without
danger, except that this shall not prevent a motor
truck or vehicle drawing another vehicle from
overtaking and passing any type vehicle or other
vehicles.
(c) Caravan or motorcade. Motor vehicles being driven upon any roadway outside a business
or residence district in a caravan or motorcade,
whether or not towing other vehicles, shall be so
operated as to allow sufficient space between each
vehicle or combination of vehicles so as to enable
any other vehicle to enter and occupy the space
without danger. This provision shall not apply to
funeral processions.
(Ord. No. SRO-417-2013, § 16-151, 2-1-2013; Ord.
No. SRO-428-2014, § 16-151, 1-1-2014)
Sec. 16-152. Coasting prohibited.
(a) Motor vehicle. The driver of any motor
vehicle when traveling upon a down grade shall
not coast with the gears of the vehicle in neutral.
(b) Commercial vehicle. The driver of a commercial motor vehicle when traveling upon a
down grade shall not coast with the clutch disengaged.
(Ord. No. SRO-417-2013, § 16-152, 2-1-2013; Ord.
No. SRO-428-2014, § 16-152, 1-1-2014)
Sec. 16-153. Turning movements; signals required.
(a) Prohibitions. No person shall turn a vehicle
at an intersection unless the vehicle is in proper
position upon the roadway as required in section
16-156, 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 the movement can be made with
reasonable safety. No person shall so turn any
vehicle without giving an appropriate signal in
the manner provided by this article in the event
any other traffic may be affected by the movement.
(b) Distance. A signal of intention to turn right
or left when required shall be given continuously
during not less than the last 100 feet traveled by
the vehicle before turning.
(c) Sudden stops. No person shall stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal in the manner provided by this article to the driver of any vehicle
immediately to the rear when there is opportunity to give the signal.
(Ord. No. SRO-417-2013, § 16-153, 2-1-2013; Ord.
No. SRO-428-2014, § 16-153, 1-1-2014)
CD16:44
TRAFFIC AND MOTOR VEHICLES
entering the intersection to the right of
the center line of the roadway being
entered. When practicable, the left turn
shall be made in that portion of the
intersection to the left of the center of the
intersection.
Sec. 16-154. Signals by hand and arm or
device.
Any stop or turn signal when required by this
article shall be given either by means of the hand
and arm or by a signal lamp or lamps or mechanical signal device of a type approved by the
council; but when a vehicle is so constructed or
loaded that a hand or arm signal would not be
visible both to the front and rear of the vehicle,
then the signals must be given by a lamp or
lamps or signal device.
(Ord. No. SRO-417-2013, § 16-154, 2-1-2013;
Ord. No. SRO-428-2014, § 16-154, 1-1-2014)
(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; and
after entering the intersection, the left
turn shall be made so as to leave the
intersection as nearly as practicable in
the left-hand lane lawfully available to
traffic moving in that direction upon the
roadway being entered.
(4)
Two-way left turn lanes. If a special lane
for making left turns by drivers proceeding in opposite directions has been
indicated by official traffic control devices:
Sec. 16-155. Method of giving hand and arm
signals.
All signals required by this article to be given
by hand and arm shall be given from the left side
of the vehicle in the following manner and the
signals shall indicate as follows:
(1)
Left turn. Hand and arm extended
horizontally.
(2)
Right turn. Hand and forearm extended
upward.
(3)
Stop or decrease speed. Hand and forearm
extended downward.
(Ord. No. SRO-417-2013, § 16-155, 2-1-2013;
Ord. No. SRO-428-2014, § 16-155, 1-1-2014)
Sec. 16-156. Required position and method
of turning at intersections.
The driver of a vehicle intending to turn at an
intersection shall do so as follows:
(1)
Right turns. Both the approach for a
right turn and a right turn, shall be
made as close as practicable to the righthand 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, an approach
for a left turn 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 the center line
where it enters the intersection, after
Supp. No. 2
§ 16-157
a.
A driver shall not make a left turn
from any other lane.
b.
A driver shall not drive a vehicle in
the lane except if preparing for or
making a left turn from or into the
roadway of if preparing for a U-turn
if otherwise permitted by law.
(5)
If markers, buttons, or signs are placed
directing the driver to take a different
course from specified in this section, the
driver shall not turn a vehicle other than
as directed and required by the markers,
buttons, or signs.
(Ord. No. SRO-417-2013, § 16-156, 2-1-2013;
Ord. No. SRO-428-2014, § 16-156, 1-1-2014)
Sec. 16-157. Turning on curve or crest of
grade prohibited.
No vehicle shall be turned so as to proceed in
the opposite direction upon any curve or upon
the approach to or near the crest of a grade,
CD16:45
§ 16-157
COMMUNITY CODE OF ORDINANCES
where the vehicle cannot be seen by the driver of
any other vehicle approaching from either direction within 500 feet.
(Ord. No. SRO-417-2013, § 16-157, 2-1-2013;
Ord. No. SRO-428-2014, § 16-157, 1-1-2014)
(3)
Reduce injuries, death, property damage,
health care costs, health insurance and
automobile insurance rates related to
motor vehicle collisions; and
(4)
Authorize law enforcement officers to
stop vehicles and issue citations to
individuals texting while driving.
Sec. 16-158. Backing.
(a) Safety. The driver of a vehicle shall not
back the vehicle unless the movement can be
made with reasonable safety and without interfering with other traffic.
(b) Prohibited activities.
(1)
It is unlawful for a driver of a motor
vehicle in motion on a roadway to manually type or enter multiple letters,
numbers, symbols, or other text in a
wire/wireless communication device, or
send or read data in the device, for the
purpose of non-voice interpersonal communication, including texting, emailing,
instant messaging, or using any wireless
communication device application other
than making or disconnecting a call.
(2)
Except as provided in subsection (c) below,
this section applies to all drivers operating a motor vehicle on a roadway within
the Community.
(b) Prohibitions. The driver of a vehicle shall
not back the vehicle on any access road, exit or
entrance ramp or roadway of a controlled access
highway.
(Ord. No. SRO-417-2013, § 16-158, 2-1-2013;
Ord. No. SRO-428-2014, § 16-158, 1-1-2014)
Sec. 16-159. Obstruction of driver's view or
interference with driver's
control of vehicle prohibited.
(a) Obstructions. A person shall not drive a
vehicle when the vehicle's load or passengers
obstruct the driver's view to the front or sides of
the vehicle or interfere with the driver's control
over the vehicle's driving mechanism.
(c) Exemptions. Subsection (b)(1) above does
not apply to a driver who is:
(b) Passengers. A passenger in a vehicle shall
not ride in a position that interferes with the
driver's view or to the sides or that interferes
with the driver's control over the vehicle's driving mechanism.
(Ord. No. SRO-417-2013, § 16-159, 2-1-2013;
Ord. No. SRO-428-2014, § 16-159, 1-1-2014)
Sec. 16-160. Texting
while
prohibited.
Reporting an emergency, or criminal or
suspicious activity to law enforcement
authorities;
b.
Receiving messages or data related to
the operation of a motor vehicle, safetyrelated information including emergency,
traffic, or weather alerts;
c.
Operating a vehicle radio or stereo system;
d.
Using a device or system for navigation
purposes; or
e.
Conducting wireless interpersonal communication that does not require manual
entry of multiple letters, numbers, symbols
or reading text messages, except to
activate, deactivate, or initiate a feature
or function.
driving
(a) Purposes. The purposes of this section are
to:
(1)
Improve roadway safety for all vehicle
operators,
passengers,
bicyclists,
pedestrians, and other road users;
(2)
Prevent collisions related to the act of
text messaging while driving a motor
vehicle;
Supp. No. 2
a.
CD16:46
TRAFFIC AND MOTOR VEHICLES
(d) Penalties and procedure.
(1)
A driver who violates this section is
subject to:
a.
b.
A civil fine not to exceed $50.00;
unless
The court finds that the driver has
been previously cited for a violation
of this section. If so, the Community Court may impose a civil
fine not to exceed $100.00 for any
subsequent offense.
(2)
Citations issued pursuant to this section
will be governed by chapter 16, including
all available remedies for a driver's failure
to pay fines imposed pursuant to this
section.
(Ord. No. SRO-480-2016, 4-20-2016)
Secs. 16-161—16-170. Reserved.
DIVISION 2. RIGHT-OF-WAY AND PASSING
Sec. 16-171. Right-of-way of vehicles entering intersection at same time;
entering freeway.
(a) Yield. When two vehicles enter or approach
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. This subsection does not
apply to vehicles approaching or entering an
uncontrolled 4T4 intersection when the vehicle
on the left is on a continuing street or highway
and the vehicle on the right is on the terminating
street or highway.
road shall yield the right-of-way to a vehicle on
the main roadway of the freeway entering such
merging area at the same time.
(Ord. No. SRO-417-2013, § 16-171, 2-1-2013;
Ord. No. SRO-428-2014, § 16-171, 1-1-2014)
Sec. 16-172. Right-of-way of 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.
(Ord. No. SRO-417-2013, § 16-172, 2-1-2013;
Ord. No. SRO-428-2014, § 16-172, 1-1-2014)
Sec. 16-173. Right-of-way of vehicle entering intersection.
The driver of a vehicle shall stop in obedience
to a stop sign as required by section 16-125 and
then proceed with caution yielding to vehicles
that are not required to stop and that are within
the intersection or are approaching so closely as
to constitute an immediate hazard.
(Ord. No. SRO-417-2013, § 16-173, 2-1-2013;
Ord. No. SRO-428-2014,
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