Chapter
19
MOTOR
VEHICLES AND TRAFFIC[1]
Art. I. In General, §§ 19-1—19-10
Art.
II. Traffic Administration and
Enforcement, §§ 19-11—19-30
Art. III. Traffic-Control Devices, §§
19-31—19-40
Art. IV. Operation of Vehicles, §§ 19-41—19-60
Art. V. Speed Regulations, §§ 19-61—19-70
Art. VI. Special Stops Required, §§ 19-71—19-80
Art. VII. Methods of Parking, §§ 19-81—19-90
Art.
VIII. Parking Prohibited in Specified
Places, §§ 19-91—19-110
Art.
IX. Residential Permit Parking,
§§ 19-111—19-120
Art.
X. Stopping for Loading and
Unloading, §§ 19-121—19-130
Art. XI. Parking on Certain Streets, §§
19-131—19-140
Art. XII. Parking Meters, §§ 19-141—19-150
Art.
XIII. Rights and Duties of
Pedestrians, §§ 19-151—19-160
Art. XIV. Miscellaneous Provisions, §§
19-161—19-168
ARTICLE I. DEFINITIONS, PENALTIES, LIABILITY
Sec.
19-1. Definitions.
(a) Whenever
any words and phrases used in this chapter are not defined herein but are
defined in the state laws regulating the operation of vehicles, the definitions
therein shall be deemed to apply to such words and phrases used herein.
(b) In
this chapter, unless the context otherwise requires:
(1) Alley and alleyways means lanes or passageways for use as a
means of access to the rear of lots or buildings. Alleys and alleyways are not
in any way to be considered thoroughfares.
(2) Central business district means all streets and portions of
streets within the area described as follows. All that area bounded by the salt
river on the north, to 10th Street on the south and from Myrtle Avenue on the
east to Maple Avenue on the west.
(3) Commercial
vehicle means every vehicle designed, maintained or used primarily for
transportation of property.
(4) Curb
loading zone means a space adjacent to a curb reserved for the exclusive
use vehicles during the loading or unloading passengers or materials.
(5) Motorcade
means an organized procession containing twenty-five (25) or more vehicles,
except funeral processions, upon any public street, sidewalk or alley.
(6) Motorized
play vehicle means a coaster, scooter, any other alternatively fueled
device or other motorized vehicle that is self-propelled by a motor or engine
and which is not otherwise defined in Arizona Revised Statutes, Title 28, as a
"motor vehicle," "motor-driven cycle" or "motorized
wheelchair."
(7) Motorized
skateboard means a self-propelled device which has a motor or engine, a
deck on which a person may ride and at least two (2) wheels in contact with the
ground and which is not otherwise defined in Arizona Revised Statutes, Title
28, as amended, as a "motor vehicle," "motor-driven cycle"
or "motorized wheelchair."
(8) Operator
means a person who operates or is in actual physical control of a motorized
play vehicle or a motorized skateboard upon a public roadway, sidewalk,
right-of-way, park, bicycle path or any other public property used for the
operation of motor vehicles.
(9) Owner
means a person who holds the legal title to a motorized play vehicle or
motorized skateboard, or any person who is a lessee, conditional vendee or mortgagor
of a motorized play vehicle or motorized skateboard with a right to immediate
possession.
(10) Parade
means any march or procession consisting of people, animals or vehicles, or
combination thereof, except funeral processions, upon any public street,
sidewalk or alley, which does not comply with normal and usual traffic
regulations or controls.
(11) Parkway
means that portion of a street between the curb lines of a roadway and the
adjacent property lines.
(12) Rights-of-way
means all the property used as a public thoroughfare and lying between the
exterior boundary lines of any area granted to or received by the city by
grant, gift, easement, deed, dedications or operations of law for street,
alley, walk or utility purposes.
(13) 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
use of pedestrians.
(14) Stand or standing means the halting of a vehicle, whether
occupied or not, otherwise than for the purpose of and while actually engaged
in receiving or discharging passengers.
(15) Stop, when required, means
complete cessation from movement.
(16) Stop
or stopping, when prohibited,
means any halting, even momentarily, of a vehicle, whether occupied or not,
except when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control sign or signal.
(17) Traffic
division means the traffic division of the police department of this city,
or in the event a traffic division is not established, then such term, whenever
used herein, shall be deemed to refer to the police department of this city.
(18) Traffic
engineer means the public works manager of the city or his designee.
(Ord.
No. 86.45, 7-10-86; Ord. No. 95.33, 9-21-95; Ord. No. 98.22, 5-14-98; Ord. No.
2001.17, 7-26-01)
Sec.
19-2. Civil sanctions.
Any person violating any of the
provisions of this chapter shall be liable for the imposition of a civil
sanction not to exceed two hundred fifty dollars ($250), unless another penalty
is specified.
(Ord.
No. 86.45,
Sec.
19-3. Owner's liability for parking
offenses.
The registered owner(s) of any vehicle
which has been parked in violation of any of the provisions of this chapter or
any other city ordinance prohibiting or restricting parking shall be prima
facie responsible for such violation and subject to penalty therefor.
(Ord.
No. 86.45,
Sec.
19-4. Penalties authorized for failure to
satisfy judgment; immobilization; towing and impoundment.
(a) In addition to the fines provided in §
19-2, where a motor vehicle has been found parked in violation of the
provisions of this chapter, and judgment has been entered and remains
unsatisfied, the court may order the registration number of the vehicle placed
on a list of vehicles which the police department is authorized to immobilize
by installing on such vehicle a wheel clamp designed to restrict the normal
movement of such vehicle.
(b) Whenever
a vehicle is immobilized, the police officer or employee of the city installing the wheel clamp shall
conspicuously attach to the vehicle a notice that the vehicle has been
immobilized by the city for failure to satisfy outstanding judgment, that
release from such immobilization may be obtained at a designated place, and
that unless arrangements are made for release of the vehicle within a
reasonable time, the vehicle may be towed and impounded at the direction of the
city. Reasonable charges may be made for releasing the wheel clamp from the
vehicle or for towing and impounding such vehicle.
(c) It
shall be a misdemeanor for any person to tamper with or remove, without police
department authority, a wheel clamp which has been attached to a vehicle
pursuant to this section.
(Ord.
No. 86.45,
Sec.
19-5. Parking violations; notice
required; judgment by default.
Whenever a vehicle without a driver is
found parked in violation of the provisions of this chapter, any police officer
or employee of the city designated to give such notices as a part of his
official duties shall take the vehicle's registration number, and may take any
other information displayed on the vehicle which may identify its user, and
shall conspicuously attach to the vehicle a notice of parking violation on a
form supplied by the police department. The notice of parking violation shall
include the date, time and location of the violation, the vehicle registration
number, reference to the city code provisions violated, and a warning that
failure either to pay the fine indicated on the notice or to appear at the
location indicated on the notice of parking violation and otherwise dispose of
the charge within seven (7) calendar days from the date on which the notice was
issued may result in a judgment by default being entered against the registered
owner of the vehicle, and that the vehicle may thereafter be subject to
immobilization by the installation of a wheel clamp and to towing and
impoundment pursuant to § 19-4. The notice of parking violations attached to
the vehicle pursuant to this section shall be deemed constructive notice to the
registered owner that the vehicle may be immobilized and impounded.
(Ord.
No. 86.45,
Secs.
19-6—19-10. Reserved.
ARTICLE
II. TRAFFIC ADMINISTRATION AND
ENFORCEMENT
Sec.
19-11. Police administration generally.
The police department shall enforce the
traffic regulations of this city and all of the state vehicle laws applicable
to street traffic in this city, to make arrest for traffic violations, to
investigate accidents and to cooperate with the traffic engineer and other
officers of the city in the administration of the traffic regulations and in
the developing ways and means to improve traffic conditions.
(Ord.
No. 86.45,
Sec.
19-12. Powers and duties of traffic
engineer.
(a) It shall be the duty of the traffic engineer
to determine the installation and proper timing and maintenance of
traffic-control devices, to conduct engineering analyses of traffic accidents
and to devise remedial measures, to conduct engineering investigation of
traffic on the streets and highways of this city, to cooperate with other
officials in the development of ways and means to improve traffic conditions,
and to carry out such additional powers and duties as may be imposed by
chapter.
(b) Such
traffic-control devices shall conform to the Manual on Uniform Traffic Control Devices as adopted by the Arizona
Highway Commission.
(Ord.
No. 86.45,
Sec.
19-13. Drivers' files to be maintained.
The police department shall maintain a
suitable record of all traffic accidents, written warnings, arrests,
convictions and complaints reported for each driver, which shall be filed
alphabetically under the name of the driver concerned. Such records shall be
kept for a period of five (5) years.
(Ord.
No. 86.45,
Sec.
19-14. Emergency and experimental
measures.
The traffic engineer is hereby
empowered to make regulations necessary to make effective the provisions of the
traffic ordinances of this city and to make and enforce temporary or
experimental regulations to cover emergencies or special conditions. The
traffic engineer may erect and test traffic-control signal markings and signs
that are under actual conditions of traffic.
(Ord.
No. 86.45,
Sec.
19-15. Authority of police and fire
department officials.
It shall be the duty of the officers of
the police department or such officers as are assigned by the chief of police
to enforce all street traffic laws of this city and all of the state vehicle
laws applicable to street traffic in this city. Officers of the police
department or such officers as are assigned by the chief of police are hereby
authorized to direct all traffic by voice, hand or signal in conformance with
the traffic laws. Provided, however, that, in the event of a fire or other
emergency or to expedite traffic or to safeguard pedestrians, officers of the
police department may direct traffic as conditions may require, notwithstanding
the provisions of the traffic regulations.
Officers of the fire department, when at the scene of a fire, may direct
or assist the police in directing traffic thereat, or in the immediate
vicinity.
(Ord.
No. 86.45,
Sec.
19-16. Obedience to police and fire
department officials.
No person shall willfully fail or
refuse to comply with any lawful order or direction of a police officer or fire
department official.
(Ord. No. 86.45,
Sec.
19-17. Persons propelling pushcarts or
riding animals to obey traffic regulations.
Every
person propelling any pushcart or riding an animal upon a roadway, and every
person driving any animal-drawn vehicle, shall be subject to the provisions of
this chapter insofar as applicable.
(Ord.
No. 86.45,
Sec.
19-18. Use of coasters, roller skates,
skateboards and similar devices restricted.
(a) No
person upon roller skates or riding in or by means of any coaster, skateboard,
toy vehicle, go-carts under five (5) horsepower or similar device shall go upon
any roadway except while crossing a street in a crosswalk or implied crosswalk,
and when so crossing, such a person shall be granted all of the rights and
shall be subject to all the duties applicable to pedestrians. This subsection
shall not apply upon any street while set aside as a play street.
(b) No
person shall operate a skateboard:
(1) On any public property where such activity
is specifically prohibited by appropriate posting, except as may be authorized
above; or
(2) In an unsafe manner so as to infringe upon
the safety of themselves or the safety of other persons or property.
(Ord.
No. 86-45,
Sec.
19-19. Public employees to obey traffic
regulations.
The provisions of this chapter shall
apply to the driver of any vehicle owned by or used in the service of the
United States Government, this state, county or city, and it shall be unlawful
for any such driver to violate any of the provisions of this chapter.
(Ord.
No. 86.45,
Sec. 19-20. Application of traffic laws.
(a) All
traffic laws shall apply to persons riding motorized play vehicles and
motorized skateboards. Every person
operating a motorized play vehicle or motorized skateboard upon a roadway shall
be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by the laws of this state declaring rules
of the road applicable to vehicles, or by the traffic regulations of this city
applicable to the driver of a vehicle, except as to special
regulations in this chapter and except as to those provisions which by their
nature can have no application.
(b) This
section shall not be construed to require the licensing or registration of
motorized play vehicles or motorized skateboards, or the carrying of insurance
covering accidents involving motorized play vehicles or motorized skateboards.
(c) It
is unlawful for any person operating a motorized play vehicle or motorized
skateboard not to obey the instructions of official traffic-control signals,
signs and other traffic direction devices applicable to vehicles, unless
otherwise directed by a police officer.
(Ord.
No. 98.22,
Sec. 19-21. Responsibility of parents, guardians and
custodians.
No person shall, if a parent, guardian
or custodian of a child, authorize or knowingly permit any child to violate
this article.
(Ord.
No. 98.22,
Sec. 19-22. Prohibited operation.
No person shall operate a motorized
play vehicle or motorized skateboard:
(1)
On any sidewalk in the city, except
for use in crossing such sidewalk by the most direct route to gain access to
any public or private road or driveway;
(2) In any city parking structure or city park,
except for use on public roadways within such park;
(3) On any public property that has been posted
or designed by the owner of such property as an area prohibiting
"skateboards";
(4) On any public roadway consisting of a total
of four (4) or more marked traffic lanes, or having an established speed limit
of greater than twenty-five (25) miles per hour; or
(5) On any private property of another, or any
public property which is not held open to the public for vehicle use, without
the written permission of the owner, the person entitled to immediate
possession of the property, or the authorized agent of either.
(Ord.
No. 98.22,
Sec. 19-23. General operating restrictions.
(a) No
child under the age of fourteen (14) shall operate a motorized play vehicle or
motorized skateboard.
(b) No
person shall operate a motorized play vehicle or motorized skateboard in excess
of the posted speed limit or at a speed greater than is reasonable and prudent
under the circumstances then existing.
(c) The
operator of a motorized play vehicle or motorized skateboard, approaching a
sidewalk, bicycle path, bicycle lane or multi‑use path in order to cross
such, shall yield the right-of-way to all other users.
(d) Motorized
play vehicles and motorized skateboards may be operated on a path or lane that
is designated as a bicycle path or lane by state or local authorities. However, motorized play vehicles and
motorized skateboard operators on said bicycle path or lane shall yield at all
times to other users.
(e) No
operator shall allow passengers when the motorized play vehicle or motorized
skateboard is in operation or motion.
(f) No
person operating or riding upon a motorized play vehicle or motorized
skateboard shall attach themselves in any manner to any other vehicle.
(g) No
person shall operate a motorized play vehicle or motorized skateboard while
carrying any package, bundle or article which prevents the operator from
keeping both hands upon the steering mechanism at all times.
(h) No
person, other than the owner, shall operate a motorized play vehicle or
motorized skateboard without the written permission of the owner.
(i) No
person shall operate a motorized play vehicle or motorized skateboard that has
been structurally altered from the original manufacturer's design.
(j) No
person shall operate a motorized play vehicle or motorized skateboard in a
crosswalk.
(Ord.
No. 98.22,
Sec. 19-24. Operating restrictions on roadway.
(a) A
person operating a motorized play vehicle or motorized skateboard on a roadway
at less than the normal speed of traffic, at the time and place and under the
then existing conditions, shall ride as close as practicable to the right-hand
curb or edge of the roadway, except under the following conditions and when the
movement can be made safely:
(1) If overtaking and passing a bicycle or vehicle proceeding in the
same direction;
(2) In preparing for a left turn at an
intersection or into a private roadway or driveway;
(3) If reasonably necessary to avoid hazardous conditions ahead in
the roadway; or
(4) If the lane in which the person is
operating the motorized play vehicle or motorized skateboard is too narrow for
a motorized play vehicle or motorized skateboard and a bicycle or another
vehicle to travel safely side by side within the lane.
(b) No
operator of a motorized play vehicle or motorized skateboard shall transport
extra fuel in a separate container or alter the fuel reservoir from the
original manufacturer's design. This
includes the prohibition of physically attaching fuel packs or containers to the
operator's person.
(c) Persons
operating motorized play vehicles or motorized skateboards on the roadway shall
not ride more than two (2) abreast.
(Ord.
No. 98.22,
Sec. 19-25. Required safety equipment.
(a) No
person shall operate a motorized play vehicle or motorized skateboard without a
head lamp emitting a beam and a red rear reflector anytime from sunset to
sunrise, or any other time when there is not sufficient light to render clearly
discernible, persons or vehicles on the roadway.
(1) A head lamp shall emit a white light and be
visible from the front at a distance no less than five hundred (500) feet;
(2) A rear red reflector shall be visible when
illuminated by a vehicle head lamp from a distance of not less than three
hundred (300) feet; and
(3) A rear red lamp visible from a distance of
five hundred (500) feet to the rear may be used in addition to the rear red
reflector.
(b) No
person shall operate a motorized play vehicle or motorized skateboard unless it
is equipped with a brake which enables the operator to make a braked wheel(s)
skid on pavement.
(c) Any
operator of a motorized play vehicle or motorized skateboard under the age of
eighteen (18) years being operated on a roadway shall at all times wear a
protective helmet on his or her head in an appropriate and safely secured
manner. The helmet shall meet minimum
standards of testing and safety inspected by the bicycle industry.
(d) No
person shall operate a motorized skateboard without wearing footwear. The footwear must have a sole and completely cover
the feet and toes.
(Ord.
No. 98.22,
Sec. 19-26. Violations.
Violations of any of the sections of
this article concerning motorized play vehicles and motorized skateboards are
designated as civil traffic violations and shall be prosecuted in the same
manner as provided by law for other civil traffic violations.
(Ord.
No. 98.22,
Sec. 19-27. Repeal of conflicting ordinances.
All ordinances and parts of ordinances
in conflict with the provisions of this ordinance or any part of the code
adopted herein by reference, are hereby repealed.
(Ord.
No. 98.22,
Secs. 19-28—19-30. Reserved.
ARTICLE
III. TRAFFIC-CONTROL DEVICES
Sec.
19-31. Authority to install.
The traffic engineer shall place and
maintain traffic control signs and devices when and as required under the
traffic ordinances. He may place and maintain such additional traffic-control
devices as he may deem necessary to regulate traffic under the ordinances of
this city or under state law, or to guide or warn traffic. Traffic signals
shall be approved in advance by the city council.
(Ord. No. 86.45,
Sec.
19-32. When traffic devices required for
enforcement purposes.
No provision of this chapter for which
signs are required shall be enforced against an alleged violation if at the
time and place of the alleged violation an official sign is not in proper
position and sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required, such
section shall be effective even though no signs are erected or in place.
(Ord.
No. 86.45,
Sec.
19-33. Signs prohibiting the movement of
trucks.
No person shall drive, ride, stop,
stand or park any truck upon any street, roadway or highway or any portion
thereof in violation of any restriction posted on traffic-control signs or
markings.
(Ord.
No. 86.45,
Sec.
19-34. Authority to change, alter, etc.,
traffic devices.
Any traffic-control devices, signs,
signals or markings, or rulings, decisions or determinations heretofore or
hereinafter erected or made by the traffic engineer or by the city council,
pursuant to this or any other ordinance of the city, may, at any time, be
changed, altered, modified, rescinded or abolished by a vote of a majority of
the council, without the necessity of an amending ordinance.
(Ord.
No. 86.45,
Secs.
19-35—19-40. Reserved.
ARTICLE
IV. OPERATION OF VEHICLES
Sec.
19-41. Authority to limit turns.
The traffic engineer is authorized to
determine those intersections at which drivers of vehicles shall not make right
or left turns and shall place proper signs so directing at intersections. Such
regulation of turns may be limited to certain hours, at the discretion of the
traffic engineer.
(Ord.
No. 86.45,
Sec.
19-42. Entering an intersection.
No person shall enter an intersection
or a marked crosswalk unless there is sufficient space on the other side of the
intersection or crosswalk to accommodate the vehicle he is operating without
obstructing the passage of other vehicles or pedestrians, notwithstanding any
traffic-control indication to proceed.
(Ord.
No. 86.45,
Sec.
19-43. Parades and motorcades.
(a) It
shall be unlawful for any person to conduct a parade or motorcade in or upon
any public street, sidewalk or alley in the city or knowingly participate in
any such parade or motorcade unless and until a permit to conduct such a parade
or motorcade has been issued by the police chief or, as hereinafter provided,
from the assistant city manager.
(b) No
permit shall be issued authorizing the conduct of a parade or motorcade which
the police chief finds is proposed to be held for the sole purpose of
advertising any product, goods, wares, merchandise or event, and is designed to
be held purely for private profit.
(c) No
person shall knowingly join or participate in any parade or motorcade conducted
under permit from the police chief in violation of any of the terms of said
permit, nor knowingly join or participate in any permitted parade or motorcade
without the consent of the permittee nor in any manner interfere with its
progress or orderly conduct.
(d) Any
person who wants to conduct a parade or motorcade shall apply to the police
chief for a permit at least thirty (30) days in advance of the date of the
proposed parade or motorcade. If a permit is not timely submitted, it may be
denied. The application for such permit shall be in writing on a form approved
by the police chief. In order that adequate arrangements may be made for the
proper policing of the parade or motorcade, the application shall contain the
following information:
(1) The name of the applicant, the sponsoring
organization, the parade or motorcade chairman and the address and telephone
numbers of each;
(2) The purpose of the parade or motorcade, the
date when it is proposed to be conducted, the location of the assembly area,
the location of the disbanding area, the route to be traveled and the
approximate time when the parade or motorcade will assemble, start and
terminate;
(3) A
description of the individual floats, marching units, vehicles, bands,
including a description of any sound-amplification equipment to be used; and
(4) Such other information as the police chief
may deem reasonably necessary.
(e) The
police chief shall distribute the permit application to the traffic engineer
who shall submit findings pursuant to paragraph (f) of this section and his
recommendations for specifications under paragraph (h) of this section.
(f) The
police chief shall issue a parade or motorcade permit conditioned upon the
applicant's written agreement to comply with the terms of such permit unless
the police chief finds that: