Chapter
19
MOTOR
VEHICLES AND TRAFFIC
Art. I. Definitions, Penalties, Liability, §§
19-119-10
Art.
II. Traffic Administration and
Enforcement, §§ 19-1119-30
Art. III. Traffic-Control Devices, §§
19-3119-40
Art. IV. Operation of Vehicles, §§ 19-4119-60
Art. V. Speed Regulations, §§ 19-6119-70
Art. VI. Special Stops Required, §§ 19-7119-80
Art. VII. Methods of Parking, §§ 19-8119-90
Art.
VIII. Parking Prohibited in
Specified Places, §§ 19-9119-110
Art.
IX. Residential Permit Parking,
§§ 19-11119-120
Art.
X. Stopping for Loading and
Unloading, §§ 19-12119-130
Art. XI. Parking on Certain Streets, §§
19-13119-140
Art. XII. Parking Meters, §§ 19-14119-150
Art.
XIII. Rights and Duties of
Pedestrians, §§ 19-15119-160
Art. XIV. Miscellaneous Provisions, §§
19-16119-170
Art. XV. Traffic Barricade Program, §§
19-17119-174
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,
Error! Bookmark not defined.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. 19-619-10. 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. 19-2819-30. 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. 19-3519-40. ReservedError! Bookmark
not defined..
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:
(1) The time, route and size of the parade or
motorcade will disrupt to an unreasonable extent the movement of traffic;
(2) The parade or motorcade is of a size or
nature that requires the diversion of so great a number of police officers of
the city to properly police the line of movement and the areas contiguous
thereto that allowing the parade or motorcade would deny reasonable police
protection to the city; and
(3) Such parade or motorcade will interfere
with another parade or motorcade for which a permit has been issued.
(g) The
police chief shall deny an application for a parade or motorcade permit and
notify the applicant of such denial where:
(1) The police chief makes any finding as set
forth in paragraph (f);
(2) The information contained in the
application is found to be false or nonexistent in any material detail; and
(3) The applicant refuses to agree to abide by
or comply with all conditions of the permit.
(h) In
each permit the police chief shall specify:
(1) The assembly area and time therefor;
(2) The start time;
(3) The minimum and maximum speed;
(4) The route of the parade or motorcade;
(5) What portions of streets to be traversed
may be occupied by such parade or motorcade;
(6) The
maximum number of platoons or units and the maximum and minimum intervals of
space to be maintained between the units of such parade or motorcade;
(7) The maximum length of such parade or
motorcade in miles or fractions thereof;
(8) The disbanding area, and disbanding time;
(9) The number of persons required to monitor
the parade or motorcade;
(10) The number and type of vehicles, if any;
(11) The material and maximum size of any banner,
placard or carrying device therefor;
(12) That the materials used in the construction
of floats used in any parade shall be of fire-retardant materials and shall be
subject to such requirements concerning fire safety as may be determined by the
fire chief;
(13) That permittee shall advise all participants
in the parade or motorcade, either orally or by written notice, of the terms
and conditions of the permit prior to the commencement of such parade or
motorcade;
(14) That amplification of sound permitted to be
emitted from sound trucks or bullhorns be fixed and not variable;
(15) That the parade or motorcade continues to
move at a fixed rate of speed and that any willful delay or willful stopping of
said parade or motorcade, except when reasonably required for the safe and
orderly conduct of the parade or motorcade, shall constitute a violation of the
permit; and
(16) Such other requirements as are found by the
police chief to be reasonably necessary for the protection of persons or
property.
(i) Upon
a denial by the police chief of an application made pursuant to paragraph (d)
of this section, the applicant may appeal from the determination of the police
chief within five (5) days thereafter to the assistant city manager by filing a
written notice of appeal for hearing by the assistant city manager, within
three (3) working days of his receipt of the written notice of appeal. Upon
such appeal, the assistant city manager may reverse, affirm, or modify in any
regard the determination of the police chief.
(j) Immediately
upon the granting of a permit for a parade or motorcade, the police chief shall
send a copy thereof to the following:
(1) The traffic engineer;
(2) The fire chief; and
(3) Assistant city manager.
(k) Any
permit for a parade or motorcade issued pursuant to this chapter may be
summarily revoked by the police chief at any time when, by reason of disaster,
public calamity, riot or other emergency, the police chief determines that the
safety of the public or property requires such revocation. Notice of such
action revoking a permit shall be delivered in writing to the permittee by
personal service or by certified mail.
(Ord.
No. 86.45,
Sec. 19-44. Overweight/oversize vehicle regulations.
(a) Overweight vehicles. The maximum gross
weight of vehicles operated upon city streets shall not exceed the gross
weights proscribed in the appropriate table of weights applicable to highways
under jurisdiction of the State of Arizona by §§ 28-1098, 28-1099 and 28-1100
of the Arizona Revised Statutes.
(b) Oversize vehicles. The maximum height
and length of vehicles operated upon city streets shall not exceed the height
and length proscribed to highways under the jurisdiction of the State of
(c) Exceptions. The prohibitions of
paragraphs (a) and (b) shall not apply to vehicles operating pursuant to a
special permit issued pursuant to § 19-45.
(Ord.
No. 86.45,
Editor's noteEffective
Sec. 19-45. Special permits for overweight and overheight
vehicles.
(a) A
special permit shall be required to move any oversize or overweight vehicle,
equipment, building or material on city streets.
(b) The
traffic engineer or designee will issue the special permit upon payment in full
of the fees specified in paragraph (c).
(c) A
fee shall be assessed for each permit issued in accordance with the provisions
of this section for excess size. A fee
shall be assessed for each permit issued in accordance with the provisions of
this section for excess weight. If a
permit is requested for a motor vehicle which is in excess of both size and
weight, the fees applicable for an excess weight permit shall be assessed (see
Appendix A).
(d) No fees shall be assessed for any permit
issued in accordance with this section for the movement of vehicles or
combination of vehicles owned by or subject to a special permit issued by the
(e) Such permit shall be carried in the vehicle
or combination of vehicles to which it refers and shall be open to inspection
by any police officer or authorized agent of any authority granting the permit,
and no person or corporation or other business entity shall violate any of the
terms or conditions of the special permit.
(Ord.
No. 86.45, 7-10-86; Ord. No. 2006.48, 9-7-06)
Sec.
19-46. Liability for damage.
(a) Any
person driving an overheight or overweight vehicle upon any street within the
city shall be liable for all damage to any street, traffic signal or sign. The
person driving such vehicle shall be liable whether the operation is illegal
under § 19-44 or authorized by a special permit issued under § 19-45.
(b) When
the driver is not the owner of the vehicle, but is so operating, driving or
moving the same with the express or implied permission of the owner, then the
owner and driver shall be jointly and severally liable for any damage.
(Ord.
No. 86.45,
Sec. 19-47. Penalties.
(a) A
person who violates any of the provisions of this section is subject to a civil
sanction unless the ordinance defining the offense provides for a different
classification. When the driver is not the owner of the vehicle but is so
operating, driving or moving the same with the express or implied permission of
the owner or the vehicle was loaded with the express or implied permission of
the owner, then the driver and the owner shall be subject to any penalty
authorized by this section.
(b) Notwithstanding
the provision of paragraph (c) of this section, a conviction for a violation of
§ 19-44 in which the weight is two thousand five hundred one (2,501) pounds or
greater is a misdemeanor.
(c) The
owner and the driver of a vehicle which violates any provision of § 19-44 is
subject to a civil sanction. A second violation of said section within six (6)
months of the preceding conviction is a class 3 misdemeanor. A third violation
of said section within one year is a class 2 misdemeanor. In addition to any
sanction, penalty or term of imprisonment which a court may impose, a court
shall fine a person the amount which is set forth in the following table:
If the excess weight is: The minimum fine or civil sanction is:
Class
3 Class 2 Class 1
1,001 to 1,250 pounds $ 50.00 $ 75.00 $ 100.00
1,251 to 1,500 100.00 150.00 200.00
1,501 to 2,000 150.00 225.00 300.00
2,001 to 2,500 200.00 300.00 400.00
2,501 to 3,000 200.00 300.00 500.00
3,001 to 3,500 600.00
3,501 to 4,000 660.00
4,001 to 4,500 720.00
4,501 to 4,750 760.00
4,751 to 5,000 800.00
5,001 to 5,250 840.00
5,251 to 5,500 880.00
5,501 to 5,750 920.00
5,751 to 6,000 960.00
6,001 and over 1,000.00
(d) If
any 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 limitation and if the driver
so complies he shall not be subject to arrest or fine. If the driver does not
comply with the request of the officer to reload, the driver shall be subject
to a civil sanction.
(Ord.
No. 86.45,
Sec. 19-48. Driving across traffic marking or through
barricades.
No person shall drive a vehicle across
freshly painted street markings, when the same are marked by flags or traffic
cones, or remove or drive through barricades authorized by the city to be
placed in streets or alleys.
(Ord.
No. 86.45,
Sec. 19-49. Driving upon certain real property.
(a) For
the purposes of this section, the following words and their derivations shall
have the meaning given herein.
(1) Motor vehicle shall mean any self-propelled vehicle.
(2) Vehicle shall mean any device in, upon or by which any person or
property is or may be transported or drawn.
(b) No
person shall operate a motor vehicle upon real property situated in the city
other than on a street or highway; provided, that this section shall not be
deemed to prohibit the operation of motor vehicles upon real property under the
following circumstances:
(1) Operation of licensed or unlicensed motor
vehicles by the property owner, his immediate family, lessee or invitee, where
such operation is reasonably incidental to the use and enjoyment of substantial
property rights and does not violate other applicable laws;
(2) Lawn and garden maintenance equipment;
(3) Motor vehicles customary and incidental to
farming or ranching activities when the operation of such vehicles is conducted
on property properly zoned and used for such activities;
(4) Temporary construction vehicles whose
activities are reasonably necessary for the development, repair or maintenance
of property;
(5) Governmental vehicles when reasonably
operated to perform a governmental function; or
(6) Vehicles
of an electric power, natural gas, telephone or other utility company when
reasonably operated to facilitate the delivery of utility services.
(Ord.
No. 86.45,
Sec. 19-50. Hauling waste fill or waste excavation
material.
(a) It
shall be unlawful to haul or cause to be hauled, except by special permit,
waste fill or waste excavation material on the streets and highways within the
city when the quantity of waste fill or waste excavation material to be hauled
exceeds five thousand (5,000) cubic yards for the project or when the duration
of the haul is more than ten (10) working days.
Written application for a special permit and the issuance of a special
permit will be processed by the city engineer, who will place upon the special
permit such conditions as may be reasonably necessary to prevent creation of a
nuisance or hazard to the public. Such
conditions may include, but not be limited to:
(1) Designation of specific routes to be used;
(2) Designation of specific haul hours or days;
(3) Designation of specific locations of access
to and from public right-of-way;
(4) Provision for safety precautions such as
the use of barricades, warning or traffic signs, flagmen or police officers for
traffic control;
(5) Assumption of responsibility to remove any
spillage of waste fill or waste excavation material from streets or sidewalks
or to pay the city twice the cost of removal; or
(6) Any violation of the terms or conditions of
the permit shall be sufficient grounds for the city engineer to revoke the
permit.
(b) Notwithstanding
the provisions of paragraph (a) above, it shall be unlawful to cause or allow
fill, excavated material, construction debris, mud, dirt, rock, sand, gravel,
concrete or asphalt to be spilled, dumped or tracked onto public streets,
alleys or sidewalks.
(c) The
city council by resolution will set the fee to be charged by the city engineer
for the special permit for hauling waste fill or waste excavation material in
the city.
(d) Any
person who owns, leases or occupies property in connection with which fill,
excavated material, construction debris, mud, dirt, rock, sand, gravel,
concrete or asphalt is hauled or caused or allowed to be spilled, dumped or
tracked onto public streets, alleys or sidewalks shall be subject to any
penalty authorized by this chapter, by article VI of chapter 12, or the general
penalty provision of the city code, § 1-7.
(e) Any
person who contracts to do construction work on property in connection with
which fill, excavated material, construction debris, mud, dirt, rock, fill,
gravel, concrete or asphalt is hauled or caused or allowed to be spilled,
dumped or tracked onto public streets, alleys or sidewalks shall be subject to
any penalty authorized by this chapter, by article VI of chapter 12, or the
general penalty section of the city code, § 1-7.
(Ord.
No. 88.13,
Sec. 19-51. Sound amplification systems in vehicles;
limitations on use.
(a) Except
as authorized by law, no person shall operate or permit the operation of any
sound amplification system in or on a vehicle which:
(1) Can be heard outside the vehicle from fifty
(50) or more feet; or
(2) Annoys or disturbs the quiet, comfort or
repose of any person in the vicinity; unless the system is being operated to
request assistance of an emergency nature or to warn of a hazardous situation.
(b) In addition to other specific exemptions
authorized by this chapter, subsection (a) of this section shall not apply to:
(1) An authorized emergency vehicle;
(2) A vehicle operated by a gas, electric,
communications or water utility company, or governmental entity; or
(3) A vehicle used for advertising in a parade
or in a political or other special event permitted by the city.
(c) For
the purpose of this section, "sound amplification system" means any
device, instrument or system, whether electrical or mechanical or otherwise,
for amplifying sound or for producing or reproducing sound, including but not
limited to any radio, stereo, musical instrument, phonograph, or sound or musical
recorder or player.
(Ord.
No. 91.38,
Sec. 19-52. Cruising prohibited, exceptions, penalties.
(a) Except as authorized by law, no person
shall cruise, or permit a motor vehicle under his care, custody or control to
cruise, in an area which has been posted as "no cruise zone" or
"no cruising".
(b) For
the purpose of this section:
(1) Cruise
means to occupy any motor vehicle which has been driven past a traffic control
point on a street or alley three (3) times in either direction within a
two-hour period between
(2) Traffic
control point means a location along a public street or alley utilized by
the city in a "no cruise zone" as an observation point to monitor
traffic conditions for potential violations of this section.
(3) No
cruise zone means those streets and alleys so posted by the city traffic
engineer within the city's central commercial district and in such others areas
as may be designated by the city manager or his designee.
(c)
Every "no cruise zone" shall be posted with sufficient signs
to provide notice that cruising is prohibited. .
(d) This section shall not apply to:
(1) Any government vehicle or ambulance
operated in an official capacity; or
(2) Any licensed public transportation vehicle
or common carrier and any business courtesy, commercial or other vehicle when
operated for commercial or business purposes.
(Ord.
No. 91.39,
Sec. 19-53. U-turns.
The driver of a vehicle shall not turn
such vehicle so as to proceed in the opposite direction upon any street unless
such movement can be made in safety and without interfering with or impeding
other traffic.
(Ord.
No. 92.35,
Secs. 19-5419-60. Reserved.
ARTICLE
V. SPEED REGULATIONS
Sec. 19-61. Generally.
The state laws regulating the speed of
vehicles shall be applicable upon all roadways within this city, except when
altered by resolution of the city council and as authorized by § 28-703,
Arizona Revised Statutes and this chapter, in which event it shall be prima
facie unlawful for any person to drive a vehicle at a speed in excess of any
speed so declared when signs are in place giving notice thereof.
(Ord.
No. 86.45,
Sec. 19-62. Limits in through alleys.
It
shall be unlawful for any person to operate a motor vehicle through any alley
or any part thereof within the city limits at a speed greater than fifteen (15)
miles per hour.
(Ord.
No. 86.45,
Sec. 19-63. Speed limits enumerated.
It is hereby determined upon the basis
of an engineering and traffic investigation by the traffic engineer that the
speed limit permitted by state law on the following streets or intersections is
greater than, or less than, is reasonable under existing conditions, and it is
hereby declared that the maximum speed limits shall be as hereinafter set forth
on those streets, parts of streets or intersections herein designated at the
times specified when signs are erected giving notice thereof:
(1) The
prima facie speed limit on the following streets, parts of streets or
intersections is thirty (30) miles per hour at all times except as otherwise
posted:
Ash
Avenue from
Auto
Drive from
Autoplex
Loop from
College
Avenue from
Commerce
Drive from
Drivers
Way from
Jewel
Street from
Lakeshore
Drive from
Veterans
Way from
(2) The
prima facie speed limit on the following streets, parts of streets or
intersections is thirty-five (35) miles per hour at all times except as
otherwise posted:
College Avenue
from north city limits to
Lakeshore
Drive from Rural Road to
Priest Drive from
Priest Drive
from
River Parkway
from
Ruby
Rural (
Southern
Avenue from 150 feet east of
University
Drive from
(3) The prima facie speed limit on the
following streets, parts of streets or intersections is forty (40) miles per
hour at all times except as otherwise posted:
Priest Drive
from
Priest Drive
from 0.25 miles north of
Priest Drive
from
Rural (
Rural Road
from
Southern
Avenue from Union Pacific Railroad Tracks to 150 feet east of
Southern
Avenue from 350 feet east of
University
Drive from west city limits to
University
Drive from
(4) The
prima facie speed limit on the following streets, parts of streets or
intersections is forty-five (45) miles per hour at all times except as
otherwise posted:
Baseline
Road from west city limits to east city limits
Priest
Drive from
Priest
Drive from
Southern
Avenue from west city limits to Union Pacific Railroad Tracks
(Ord.
No. 87.30, § 1, 8-13-87; Ord. No. 87.45, § 1, 9-10-87; Ord. No. 89.11, § 1,
4-13-89; Ord. No. 89.51, § 1, 9-28-89; Ord. No. 95.34, 10-12-95; Ord. No.
98.17, 3-26-98; Ord. No. 2001.29, 9-20-01; Ord. No. 2002.17, 5-2-02; Ord. No.
2002.18, 5-2-02; Ord. No. 2003.14, 6-19-03; Ord. No. 2004.47, 5-5-05; Ord. No.
2007.30, 11-8-07)
Secs. 19-6419-70. Reserved.
ARTICLE
VI. SPECIAL STOPS REQUIRED
Sec. 19-71. Stop signs at through streets.
The city traffic engineer shall place
and maintain a stop sign on each and every street intersecting through streets
described and designated in the schedule maintained current by him, except that
at the intersection of two (2) through streets the type of traffic control
shall be determined by the city traffic engineer from a traffic engineer
investigation.
(Ord.
No. 86.45,
Sec. 19-72. Other intersections where stop or yield
required.
The city traffic engineer shall
determine and designate intersections where a particular hazard exists upon
other than through streets and shall determine whether vehicles shall stop at
one or more entrances to any such stop intersection and shall erect a stop sign
at every such place where a stop is required.
He shall determine and designate intersections where a particular hazard
exists and determine whether vehicles on one of the intersecting streets shall
yield the right-of-way to vehicles on the other street and shall erect a
"yield" sign at every place where such a sign is needed. The city traffic engineer shall erect and
maintain control devices for the regulation of pedestrian movements across
streets and highways.
(Ord.
No. 86.45,
Secs. 19-7319-80. Reserved.
ARTICLE
VII. METHODS OF PARKING
Sec. 19-81. Standing or parking close to curb.
No person shall stand or park a vehicle
in a roadway other than parallel with the edge of roadway headed in the
direction of lawful traffic movement and with the right-hand wheels within
eighteen (18) inches of the curb or edge of the roadway, except upon a one-way
roadway or where angle or diagonal parking is required. In the case of angle or diagonal parking, no
person shall stand or park a vehicle other than with the front of such vehicle
directed toward the front of curb of such angle or diagonal parking space.
(Ord.
No. 86.45,
Sec. 19-82. Signs or markings indicating angle parking.
The traffic engineer, with council
approval, shall determine upon what streets angle parking shall be permitted
and shall mark or sign such streets.
(Ord.
No. 86.45,
Secs. 19-8319-90. Reserved.
ARTICLE VIII. PARKING PROHIBITED IN SPECIFIED PLACES
Sec. 19-91. Stopping, standing or parking prohibited; no
signs required.
No person shall stop, stand or park a
vehicle, except when necessary to avoid conflict with other traffic or in
compliance with law or the directions of a police officer or traffic-control
device, in any of the following places:
(1) On a sidewalk or parkway;
(2) In front of a public or private driveway or
within three (3) feet thereof;
(3) Within an intersection;
(4) Within fifteen (15) feet of a fire hydrant;
(5) On
a crosswalk or within twenty (20) feet thereof;
(6) Within thirty (30) feet upon the approach
to any flashing beacon, stop sign, yield right-of-way sign or traffic-control
signal located at the side of a roadway;
(7) Between a safety zone and the adjacent curb
or within thirty (30) feet points on the curb immediately opposite the ends of
a safety zone, unless the traffic engineer has indicated a different length by
signs or markings;
(8) Within fifty (50) feet of the nearest rail
or a railroad crossing or within eight (8) feet
six (6) inches of the center of any railroad track, except while a motor
vehicle with motive power attached is loading or unloading cars;
(9) Within twenty (20) feet of the driveway
entrance to any fire station and, on the side of a street opposite the entrance
to any fire station, within seventy-five (75) feet of such entrance when
properly sign posted;
(10) Along or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct traffic;
(11) On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
(12) Upon any bridge, viaduct, overpass, underpass
or any other type of grade separation, and upon the approach to same;
(13) In
front of or within ten (10) feet of a mailbox;
(14) In front of any place of business assembly
during the period of public assemblage therein or of a principal exit or
entrance to a school, hotel, theater, hospital or public building; or
(15) To
obstruct or impede traffic in any manner.
(Ord.
No. 86.45,
Cross referenceStopping for loading and unloading, § 19-121 et
seq.
Sec. 19-92. Parking within or upon designated fire lanes.
No person shall stop, stand or park any
vehicle within or upon a designated fire lane, whether on public or private
property; provided, however, that appropriate signs or other markings, as shall
be approved or designated by the fire chief, shall be posted, erected, marked
and maintained in order for this regulation to be effective.
(Ord.
No. 86.45,
Sec. 19-93. Restricted parking areas reserved for the
physically disabled; penalty.
(a) No
person shall stop, stand or park a vehicle, or direct a vehicle to be parked,
in a restricted parking area unless the vehicle has displayed thereon the
international symbol of access special plates that are currently registered to
the vehicle or a valid placard issued pursuant to state law. The provisions of this section shall not
prohibit the driver of a vehicle without a placard or the international symbol
of access special plates from temporarily stopping in a restricted parking area
in accordance with other parking regulations while actually engaged in loading
or unloading a physically disabled passenger.
(b) No
person shall stop, stand or park a vehicle in such a manner as to block or deny
access to an unoccupied restricted parking area, except that this provision
shall not prohibit the driver of a vehicle from temporarily stopping in
accordance with other parking regulations for the purpose of and while actually
engaged in loading or unloading physically disabled passengers.
(c) No
person shall stop, stand or park a vehicle, including a vehicle displaying
international symbol of access special plates or a placard, in the access aisle
of a restricted parking area.
(d) It
is unlawful for a person to stop, stand or park in a restricted parking area
any vehicle that displays a placard that is altered, forged or counterfeited
(e) This
section shall apply to those restricted parking areas that are clearly
identified with the internationally accepted symbol of access, either by a
clearly visible permanent sign that is mounted on a stationary post or object,
or clearly painted within the boundaries of a parking space, or both.
(f) For
the purposes of this section, the following words shall have the meaning given
herein:
(1) Access
aisle means a designated area within a restricted parking area that is
marked by either spaced, crosshatched or diagonal stripes or a distinctive
change in color or material, and that leads to an accessible route of
travel.
(2) Placard means a
permanently disabled removable windshield placard or a temporarily disabled
removable windshield placard as defined in § 28‑2409, Arizona Revised
Statutes.
(3)
Restricted
parking area means a parking space and, if available, an access aisle set
aside and identified for use only by persons with physical disabilities.
(g) A violation of subsection (a), (b) or (c)
of this section shall constitute a civil traffic violation and the violator
shall be subject to a civil sanction of not less than two hundred fifty dollars
($250). A violation of subsection (d) of
this section shall constitute a civil traffic violation and the violator shall
be subject to a civil sanction of not less than three hundred dollars ($300). If a person cited under subsection (a)
provides the court with acceptable proof of a placard, and this proof is
provided prior to, or at, any scheduled hearing, then the court may reduce the
fine to an amount deemed appropriate by the court.
(Ord.
No. 86.45,
State law
referenceA.R.S.
§ 28-2409, as it may be amended or renumbered.
Sec. 19-93.1. Wheelchair curb access ramps; sanctions.
(a) It
is unlawful to stop, stand or park a vehicle in such a manner as to block or
deny access to a designated wheelchair curb access ramp, except that this
provision shall not prohibit the driver of a vehicle from temporarily stopping
in accordance with other parking regulations for the purpose of and while
actually engaged in loading or unloading physically disabled passengers.
(b) A
violation of this section shall constitute a civil traffic violation and the
violator shall be subject to a civil sanction of not less than two hundred
fifty dollars ($250).
(Ord.
No. 2009.31, 9-10-09)
Sec. 19-94. Parking in alleys.
No person shall stand or park a vehicle
in an alley at any time except for the loading of materials, and not then
unless such loading or unloading can be accomplished without blocking the alley
to the free movement of traffic or interfering with or obstructing the
operation of a fire escape, and not take over twenty (20) minutes total time.
Vehicles displaying the international symbol of access special plates that are
currently registered to the vehicle or a valid placard issued pursuant to state
law may stand or park in any alley while loading or unloading persons for a
period not to exceed fifteen (15) minutes.
(Ord.
No. 86.45, 7-10-86; Ord. No. 2009.31, 9-10-09)
Cross referenceStopping for loading and unloading, § 19-121 et
seq.
Sec. 19-95. Parking for certain purposes prohibited.
No person shall park a vehicle upon any
rights-of-way for the principal purpose of:
(1) Displaying such vehicle for sale or
advertising; or
(2) Washing, greasing or repairing such
vehicle, except repairs necessitated by an emergency.
(Ord.
No. 86.45,
Sec. 19-96. Parking signs required.
The city traffic engineer shall
determine and designate by appropriate signs or markings any parking time limit
and any other limits, restrictions or regulations applicable to parking,
standing, stopping, driving or riding on any publicly owned property, as
defined in § 19-99, or any other property owned or controlled by the city.
(Ord.
No. 86.45,
Sec. 19-97. Stopping, standing or parking near hazardous
or congested places.
The
city traffic engineer shall determine and designate by proper signs or markings
places in which the stopping, standing or parking of vehicles would create a
hazardous condition or would delay to traffic.
(Ord.
No. 86.45,
Sec. 19-98. Standing or parking on one-way roadways.
In the event a highway includes two (2)
or more separate roadways and traffic is restricted to one direction upon any
such roadway, no person shall stand or park a vehicle upon the left-hand side
of such one-way roadway unless signs are erected to permit such standing or
parking. The traffic engineer is authorized to determine when standing or
parking may be permitted upon the left-hand side of any such one-way roadway
and to erect signs giving notice thereof.
(Ord.
No. 86.45,
Sec. 19-99. Riding or parking upon publicly owned
property.
(a) No
person shall drive, ride, stop, stand or park any vehicle upon publicly owned
property or any portion thereof in violation of any restriction posted on
signs, markings, traffic control signals or gates.
(b) For
the purposes of this section, "publicly owned property" shall mean
any lands which the city owns either in fee simple or in which it has acquired
a beneficial interest by virtue of an agreement for sale or conveyance.
(Ord.
No. 86.45,
Sec. 19-100. Inoperable or unregistered vehicle on
right-of-way.
(a) No
person shall park any vehicle which is inoperable on any street or public
right-of-way. It is an affirmative
defense to a violation of this subsection that the vehicle was removed from the
street or public right-of-way within twenty-four (24) hours of becoming
inoperable.
(b) No
person shall park any vehicle which does not display current registration on
any street or public right-of-way.
(c) Violation
of this section shall constitute a civil traffic violation and the violator
shall be subject to a civil sanction of not more than two hundred fifty dollars
($250).
(Ord.
No. 93.29,
Secs. 19-10119-110. Reserved.
ARTICLE IX. RESIDENTIAL PERMIT PARKING
Sec. 19-111. Designation of residential permit parking
area.
The
city manager may designate, subject to approval by the city council, a
residential area or areas consisting of streets or portions of streets on which
the parking of motor vehicles may be restricted in whole or in part to motor
vehicles bearing a valid parking permit issued pursuant to these provisions to
residents of the area so designated.
(Ord.
No. 86.45,
Sec. 19-112. Eligibility of residential areas of
designation.
A residential area shall be deemed
eligible for designation for residential permit parking, where the traffic
engineer finds that parking in the area is significantly impacted by motor
vehicles owned by nonresidents.
(Ord.
No. 86.45,
Sec. 19-113. Issuance of permits; signing; exemptions.
Following city council approval of a
residential permit parking area, the traffic engineer shall provide for the
issuance of permits and cause parking signs to be erected in the area
indicating the times and conditions under which parking shall be by permit
only. A permit shall be issued upon application and payment of the applicable
fee only to the owner or operator of a motor vehicle, who resides on property
immediately adjacent to a street within the residential permit parking areas.
This chapter exempts service and delivery vehicles while parked for the purpose
of providing a service or delivery in the residential parking permit area. Vehicle must be clearly identified with
company name or logo.
(Ord.
No. 86.45,
Sec. 19-114. Fees.
The city manager is authorized to
establish, with city council approval, an annual residential parking fee to
cover the administrative cost of permits issued pursuant to these provisions.
(Ord.
No. 86.45,
Sec. 19-115. Administrative guidelines.
The traffic engineer is directed to
prepare, and the city manager may issue as an administrative directive, such
administrative guidelines as they may deem necessary and desirable to implement
the provisions of this action.
(Ord. No.
86.45,
Secs.
19-11619-120. Reserved.
ARTICLE X. STOPPING FOR LOADING AND UNLOADING[1]
Sec. 19-121. Traffic engineer to designate curb loading
places.
(a) The
city traffic engineer shall designate restricted parking zones by use of signs,
or painted curbs, or both.
(b) It
is hereby declared to be unlawful for any person to paint a curb, sidewalk or
any part of any street of the city in any manner whatsoever, except for the
purposes designated by the city council, and it shall be unlawful to designate
any part of any street of the city as being limited in any manner with respect
to parking thereon.
(Ord.
No. 86.45,
Sec. 19-122. Standing in curb loading zone.
No person shall stop, stand or park a
vehicle for any purpose or length of time other than for the expeditious
unloading and delivery or pickup and loading of materials or passengers in any
place marked as a curb loading zone during hours when the provisions applicable
to such zones are in effect. In no case
shall the stop for loading and unloading of materials exceed thirty (30)
minutes. Vehicles displaying the
international symbol of access special plates that are currently registered to
the vehicle or a valid placard issued pursuant to state law may stand or park
in a curb loading zone while loading and unloading persons for a period not to
exceed fifteen (15) minutes.
(Ord.
No. 86.45, 7-10-86; Ord. No. 2009.31, 9-10-09)
Cross referenceSimilar provisions with respect to handicapped
persons, § 19-94.
Sec. 19-123. Traffic engineer to designate public carrier
stops and stands.
The traffic engineer with council
approval is hereby authorized to establish bus stops, bus stands, taxicab
stands or other passenger common-carrier motor vehicle stands on public streets
in such places as he shall determine to be of greatest benefit and convenience
to the public. Such bus stops, bus
stands, taxicab stands or other stands so established shall be designated by
appropriate signs where deemed by the traffic engineer as necessary.
(Ord.
No. 86.45,
Sec. 19-124. Bus and taxi zones.
The following rules shall govern the
stopping, standing, and parking of buses and taxicabs:
(1) The
driver of a bus or taxi shall not park upon any street at any place other than
at a bus stop or taxi zone, respectively, except that this provision shall not
prevent the driver of any such vehicle from temporarily stopping in accordance
with other stopping or parking regulations at any place for the purpose of and
while actually engaged in loading or unloading passengers;
(2) No
person shall stop, stand or park a vehicle at any time in a place marked as a
no parking zone by sign or red painted curb, except that a driver of a bus may
stop to unload and load passengers in such a zone if signs indicate a bus
loading zone; or
(3) No person shall stop, stand or park a
vehicle other than a taxi in a place indicated by signs as a taxi standing
zone.
(Ord. No.
86.45,
Secs.
19-12519-130. Reserved.
ARTICLE XI. PARKING ON CERTAIN STREETS
Sec. 19-131. Application of article
The provisions of this article
prohibiting the standing or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official signs, except when it
is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic-control
device. The provisions of this article imposing a time limit on parking shall
not relieve any person from the duty to observe other and more restrictive
provisions prohibiting or limiting the stopping, standing or parking of
vehicles in specified places or at specified times.
(Ord.
No. 86.45,
Sec. 19-132. Posted parking prohibitions.
No person shall stop, stand or park a
vehicle on any street or part of street, or on any publicly owned property, as
defined in § 19-99, or any other property owned or controlled by the city, when
prohibited by official signs.
(Ord.
No. 86.45,
Sec. 19-133. Time limits.
No person may park a vehicle upon any
roadway for a consecutive period of time longer than that indicated by official
signs installed to limit such parking.
(Ord.
No. 86.45,
Sec. 19-134. Parking signs required.
Whenever
by any provision of this chapter a parking time limit is imposed on a specific
street or parking is otherwise prohibited on a specific street or part of a
street, it shall be the duty of the traffic engineer to erect appropriate signs
on such street or part of street giving notice thereof. Parking regulations contained in this chapter
which are applicable throughout the city shall be effective without any signs
being erected or posted to limit or regulate such parking.
(Ord.
No. 86.45,
Sec. 19-135. Parking of vehicles in city parks.
(a) No person shall park or stand a vehicle in
a city park except as designated by lines or markings upon the pavement or
ground.
(b)
No person shall park a vehicle at any place within a public park
whereby, by signs duly erected, parking is prohibited.
(Ord. No.
86.45,
Sec. 19-136. Parking of common-carriers at night
prohibited.
No person shall park a truck, tractor,
truck tractor, trailer or semitrailer, as defined by § 28-101, Arizona Revised
Statutes, with a capacity of one ton or larger or the chassis thereof or any
truck with less than one-ton capacity that was designed or is used for
commercial purposes on any street between the hours of 6:00 p.m. and 6:00 a.m.,
nor shall any person use any street for the purpose of repairing or
reconditioning any such truck, trailer or any common-carrier or any part
thereof except when such repairs shall be necessitated by an emergency.
(Ord.
No. 86.45,
Sec. 19-137. Continuous parking on public streets; time
limit.
(a) No
person shall park any vehicle, including a disabled vehicle, upon any public
street or right-of-way for a continuous period longer than one hundred twenty
(120) consecutive hours.
(b) Each
twenty-four (24) hour period during which a vehicle is parked in violation of
this section shall constitute a distinct and separate offense.
(c) The
police department may cause a vehicle parked in violation of this section to be
removed from the public street or right-of-way after notifying the owner or
operator thereof by posting a forty-eight-hour notice of removal upon the
vehicle. The owner of a vehicle in
violation of this section shall pay all costs incurred in removing said
vehicle.
(d) Section
19-134 of this article, requiring signs to be posted, shall not apply to this
section.
(Ord.
No. 86.45,
Sec. 19-138. Reserved.
Sec.
19-139. Parking recreational
vehicles, boats, trailers on streets prohibited between
(a) No
person shall park a recreational vehicle in excess of twenty-one (21) feet, a
trailer or a boat on any street in the city between the hours of
(b) For the purpose of this section:
(1) Recreational
vehicle means any motor vehicle that is designed or customarily used for
sleeping.
(2) Trailer
means any platform or frame with wheels that is designed or customarily used to
carry property and for being drawn or towed by a motor vehicle.
(c) The
prohibition set forth in paragraph (a) shall not apply if all of the following
conditions are met.
(1) A parking permit has been obtained from the
police chief or his designee based on proof of the following:
a. Vehicle must be registered at an address
located outside the city;
b. Consent from the owner or occupant of the
property adjacent to which the recreational vehicle, boat or trailer is to be
parked; and
(2) The parking permit shall be valid for a
period of seven (7) consecutive days per calendar year per registered vehicle
at the location specified in the permit.
(d) No
recreational vehicle, boat or trailer parked on any street shall be occupied as
a dwelling unit.
(e) The
police chief may issue administrative directives and guidelines as may be
necessary and desirable to implement the provisions of this section.
(Ord.
No. 92.02,
Sec. 19-140. Reserved.
ARTICLE
XII. PARKING METERS
Sec. 19-141. Position of motor-driven cycles.
It shall be unlawful to park any
motor-driven cycle in any manner other than wholly within one parking meter
space.
(Ord. No. 86.45, 7-10-86; Ord. No.
2007.28, 5-3-07)
Sec. 19-142. Parking without paying designated meter
prohibited.
(a) Each
person parking a vehicle or motor-driven cycle within a designated parking area
or lot which contains a pay and display station or a designated parking meter
shall immediately deposit in said display station or parking meter one or more
of the legal
(b) No
person shall permit a vehicle to remain in a space with a designated parking
meter, or in a space within a designated parking area or lot which contains a
pay and display station when said parking meter, or display station displays a
red signal or printed message indicating it is unlawful to do so, except during
those hours and days indicated upon said parking meter or display station. No person shall permit a vehicle to remain in
a space with a designated parking meter in which the designated parking meter
displays fail or is otherwise malfunctioning.
This subsection shall not apply to a vehicle displaying a state
"disabled parking" identifying insignia.
(c) No
person shall permit a motor-driven cycle to remain within a space with a
designated parking meter, or in a space within a designated parking area or lot
which contains a pay and display station when said parking meter, or display
station displays a red signal or printed message indicating it is unlawful to
do so, except during those hours and days indicated upon said parking meter or
display station. All motor-driven cycles
so parked within said parking space shall each be unlawfully parked.
(Ord.
No. 86.45,
Sec. 19-143. Parking overtime at metered parking areas or
lots prohibited.
No person shall permit a vehicle or
motor-driven cycle to be parked or remain in a parking space with a designated
parking meter, or in a space within a designated parking area or lot which
contains a pay and display station for a period of time longer than that time
limit stated on the printed message for said parking space. This section shall not apply to a vehicle displaying
a state "disabled parking" identification insignia.
(Ord.
No. 86.45,
Sec. 19-144. Parking meter rates.
Parking meter rates shall be set by
city council resolution and included in Appendix A.
(Ord.
No. 2007.41, 6-28-07)
Secs. 19-14519-150. Reserved.
ARTICLE XII. RIGHTS AND DUTIES OF PEDESTRIANS
Sec. 19-151. Crossing a roadway.
(a) No
pedestrian shall cross the roadway within the central business district other
than within a marked or unmarked crosswalk.
(b) Every
pedestrian crossing a roadway outside of the central business district at any
point other than within a marked or unmarked crosswalk shall yield the
right-of-way to all vehicles upon the roadway.
(c) No
pedestrian shall cross a roadway where signs or traffic control signals prohibit
such crossing.
(Ord.
No. 86.45,
Sec. 19-152. Railroad gates.
No pedestrian shall pass through,
around, over or under any railroad crossing gate while such gate is lowered or
is being raised or lowered.
(Ord.
No. 86.45,
Sec. 19-153. Soliciting employment, business or
contributions.
No person shall stand on a street or
highway and solicit, or attempt to solicit, employment, business or
contributions from the occupant of any vehicle.
(Ord.
No. 86.45,
Sec. 19-154. Crosswalks.
The city traffic engineer shall
designate and maintain, by appropriate devices, marks, or lines upon the
surface of the roadway, crosswalks at intersections where in his opinion there
is particular danger to pedestrians crossing the roadway, and at such other
places as he may deem necessary.
(Ord.
No. 86.45,
Secs. 19-15519-160. Reserved.
ARTICLE
XIV. MISCELLANEOUS PROVISIONS
Sec. 19-161. Safety zones.
The city traffic engineer shall
establish safety zones of such kind and character and at such places as he may
deem necessary for the protection of pedestrians.
(Ord.
No. 86.45,
Sec. 19-162. Traffic lanes.
The city traffic engineer shall mark
traffic lanes upon the roadway of any street or highway where a regular alignment
of traffic is necessary.
(Ord.
No. 86.45,
Sec. 19-163. Authority to place signs on one-way streets
and alleys.
The city traffic engineer is hereby
authorized to determine and designate one-way streets and alleys, after council
approval, and the traffic engineer shall place and maintain signs giving notice
thereof, and no such regulation shall be effective unless such signs are in
place. Signs indicating the direction of lawful traffic movements shall be
placed at every intersection where movement of traffic in the opposite
direction is prohibited.
(Ord.
No. 86.45,
Sec. 19-164. Truck routes.
The city traffic engineer is authorized
to determine and designate parts of streets or specific lanes as truck routes,
with council approval, and when so designated all such trucks shall use routes
to the closest point of the destination.
(Ord.
No. 86.45,
Sec. 19-165. Unattended motor vehicles.
(a) No
person driving or in charge of a motor vehicle shall permit it to stand unattended
without first stopping the engine, locking the ignition and removing the key,
or when standing upon any perceptible grade without effectively setting the
brake thereon and turning the front wheels to the curb or side of the highway.
(b) Whenever
any police officer shall find a motor vehicle standing unattended with the
ignition key in the vehicle, in violation of this section, such police officer
is authorized to remove the key from such vehicle and to deliver such key to
the police department.
(Ord. No.
86.45,
Sec. 19-166. Boarding or alighting from vehicles.
No person shall board or alight from
any vehicle while same is in motion.
(Ord.
No. 86.45,
Sec. 19-167. Tracking rubbish or loose material.
No person shall drive or move any
commercial or construction vehicle or truck within the city when wheels or
tires of which carry onto or deposit in any street, alley or other public
right-of-way, mud, dirt, sticky substances, litter or foreign matter of any
kind.
(Ord.
No. 86.45,
Sec. 19-168. Arterial street system.
(a) All
section line roads within and adjacent to the city are hereby designated
arterial streets with the following exceptions:
(b) In
addition, the following nonsection line roads are designated arterial streets:
(2) Van Buren
(Ord.
No. 86.45,
Sec. 19-169. Parking vehicles containing hazardous
materials.
(a) The
police department shall enforce the provisions of this section.
(b) Vehicles containing hazardous materials,
chemicals, waste or substances, as defined by the Titles 40 or 49 Code of
Federal Regulations or vehicles required by the Department of Transportation to
be placarded, or vehicles marked with DOT placards, shall not be parked
unattended upon private property except in areas which have been approved by
the Tempe Fire Department pursuant to a permit.
Permits shall only be granted in areas that are zoned I-l, I-2 or I-3.
(c) Vehicles
containing hazardous materials, chemicals, waste or substances, as defined by
the Titles 40 or 49 Code of Federal Regulations shall not be parked or garaged
in any buildings other than those specifically approved for such use by the
city of
(d) Vehicles
containing hazardous materials, chemicals, waste or substances, as defined by
the Titles 40 or 49 Code of Federal Regulations, shall not be left unattended
upon any public street, sidewalk, alley or other public right-of-way. This shall not prevent a driver from the
necessary absence from the vehicle in connection with the delivery of its load
nor shall it prevent stops for meals.
(e) Any
vehicle carrying less than one hundred ten (110) gallons of flammable liquid,
excluding the fuel in the vehicles fuel tanks, and no other hazardous material
shall be exempt from the requirements of this section.
(f) For
purposes of this section, a motor vehicle is attended when the person in charge
of the vehicle is on the vehicle, awake and not in a sleeper berth, or is
within one hundred (100) feet of the vehicle and has it within his unobstructed
field of view.
(g) Any
violation of this section shall constitute a misdemeanor and shall be
punishable as set forth in § 1-7 of this code. When the driver is not the owner of the
vehicle but is so operating, driving, moving or has parked same with the
express or implied permission of the owner, then the driver and the owner shall
be subject to any penalty authorized by this section.
(h) In
addition to any penalty provided for in § 1-7 of this code, any vehicle
which is parked in violation of this section may be towed and impounded, or the
contents of said vehicle may be removed and impounded or destroyed. Reasonable charges may be made for towing,
content removal and impounding.
(Ord.
No. 89.52, § 19-96,
Editor's noteOrdinance No. 89.52, adopted
Sec. 19-170. Reserved.
ARTICLE XV. TRAFFIC BARRICADE PROGRAM
Sec. 19-171. Traffic barricade program established.
A traffic barricade program is hereby
established to ensure that temporary traffic control devices are properly
planned and placed in the right-of-way.
(Ord.
No. 2009.20, 5-7-09)
Sec. 19-172. Authority and administration.
The traffic engineer shall develop a
manual, which provides the regulations, procedures and forms for the placement
of temporary traffic control devices in the right-of-way.
(Ord.
No. 2009.20, 5-7-09)
Sec. 19-173. Traffic barricade permit.
Any person wishing to conduct work
within the right-of-way shall request and obtain a traffic barricade permit
issued by the traffic engineer or designee prior to the commencement of such
work.
(Ord.
No. 2009.20, 5-7-09)
Sec. 19-174. Fees.
The traffic engineer is authorized to
assess fees, as established by resolution of the city council, to cover the
administrative costs of traffic barricade program. Such fees will be listed in the manual and in
Appendix A.
(Ord.
No. 2009.20, 5-7-09)