HomeMy WebLinkAboutRegulating Traffic Upon the Public Streets of the City of South Benda
ORDINANCE No.— I
Passed by the Common Council of the City of South Bend, Indiana
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Attest: - City Clerk
Attest: �i • �� -�/A�' President of Common Council
AN ORDINANCE RB1GULATIIIG TRAFFIC
UPON THIS PUBLIC STREETS OF TIP
CITY 0:;' SOUTH BEND, INDIANA,
,MID „LL OTIER (%RDI:1ANCES AND
SECTIONS OF CRD:C " ?A ICliS IN CONA
FLICT HIM101IT11.
It is Ordained by the Common
Council of the City of South Bend,
Indiana, as follows:
ARTICLE I.
ords and i'hrases Defined.
Sec. 1. "Definition of !`cords and Phrases. " - -Tho following words and phrases
when used in this ordinance shall for the purpose of this ordinance have the
meanings respectively ascribed to them in this article.
SUBDIVISI014 I._.VL11ICLES, TRAFFIC, ETC., DEFINED -
Sec. 2 (a) "Vehicle. -- :;very device in, upon, or by which any person or
property is or tiny be transported or dra':7n upon a highway, except devides
moved by human power or used exclusively upon stationary rails or tracks.
(b) "Motor Vehicle. "-- j�ver,,r vehicle which is self- propelled and every ve-
hicle which is propelled by electric power obtained from overhead trolley
- 1,1res, but not operated upon rails.
(c) "Authorized emergency vehicle. "-- Vohicles of the fi:e department
(fire patrol), police vehicles and such ambulances and emergency vehicles of
municipal departments or public service corporations as are designated or
authorized by the chief of police of th;.s city.
sec. 3. (a) "Railroad. " - -A carrier of )ersons or property upon cars, other
than street cars, operated upon st-.tionary rails.
(b) "Railroad train. "__I, steam engino, electric or otlior motor, with or with-
out cars coupled thereto, operated upon r,:ils, except streetcars.
(c) "Street car. " -_r. car other than a railroad train for transporting per-
sons or property %nd operated upon rails principally within n municipality.
Sec. 4. "Traff- .c. "__i'edestrians, ridden or }:girded animals, vehicles, street
cars and other conveyances either singly or together while usinf, any street
for purposes of travel.
Sec. §, "Right -of- way. "__y}e prtvilego of the irr,ed.late use of roadway,
Sec. 6. (a) "Stop" - -l_hen re(;uired means complete cessation of movement.
(b) "Stop or Stopping. "__'.:hen prohibited -cans any stoppin of a vehicle
except when necess r.1 to void conflict *.vith other traffic or .n compliance
With the direction o° a ,aolice officer or traffic control sign or signal.
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(c) "Standing.°- -Any stopping, o:P a vehicle, whether occupied or note
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(d) "Park. " - -Tho standing of a vehicle, whether occupied or not' otherwise
than temporarily for the purpose of and while actually engaged in loading or
unloading.
Sec. 7. "Official time standard. "-- Whenever certain hours are named herein
they shall mean standard time or daylight saving time as may be in current use
in this city.
SUBDIVISION IL-- i'Eit;3Ci PIS, P TC., D ;FINED
See. 8. (a) "Person. " - -Ivory natural neroon, firm, co-partnership ,g associa-
tion, or corporation.
(b) "Driver. " -.LWery person who drives or is in actual physical control ofa
vehicle.
(c) "Pedestrian. " - -Any person afoot.
Sec - 9. "Police officer. " - -"very officer of the municipal police department
or any officer authorized to direct or regulate traffic or to make arrests for
violations of traffic regulations.
SUBDIVISION III.-- STRDMTS, ETC., DSFINFD
Sec. 10. (a) "Street or highway. " - -The entire width between property lines
of every way or place of ;whatever nature when any part thereof is open to the
use of the public, as a matter or right, for purposes of vehicular traffic.
(b) "Private road or driveway. " - -Every way or place in private ownership
and used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other Persons.
(c) "Roadway. " - -That portion of a street improved, designed, or ordinarily
used for vehicular travel.
(d) "S:idewelk. "- -That portion of n. street between the curb linos, or the
lateral linee; of c roadway, and the adjacent property l nes intended for the
use of pedestrians.
(e) "Alley.' -__ narrow passage or way in a city, which serves rear entrances
to property.
Sec. 11. "Intersection."--The area embraced within the prolongation or
connection of the 1p..toral curb lines, or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at or approximately
at right angles, or the area within which vehicles traveling upon different high-
ways joining at any o her angle may come in conflict.
Sec. 12. "Crosswalk. " - -(a) ThaFVportion of a roadway ordinarily included
within the prolongation or connection of the lateral linos of sidewalks at
intersections.
(b) Yny portion of a roadway distinctly indivated for pedestrian crossing
by l:i.nos or other markings on the surface.
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Sec. 13. "Safety zone. " - =The area or space officially set agort within a
roadway for the exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate si -ns as to be plainly visible at all times
while set apart as a safety zone.
Sec. 14. (a) "Official traffic control devices." - -All signs, signals,
markings and devices not inconsistent with this ordinance placed or erected
by authority of a public body or official having jurisdiction, for the purpose
of regulating, warning;, or guiding traffic.
(b) "Official traffic signals. " - -tiny device, whether manually, electrically,
or mechanically operated, by which traffic is altornately directed to stop and
to proceed.
Sec. 15. (a) "Business district. " - -The territory contiguous to and including
a highway when fifty per cent or more of the frontage thereon for a distance
of 300 feet or more'is occupied by buildings in use for business.
(b) "Rbsidence district."--The territory contiguous to and including a high-
way not comprising a business district when the property on such highways
for a distance of 300 feet or more'is in the main improved with dwellings or
dwell.ngs and buildings in use for business.
ARTICLI; II.
Required Obedience To Traffic Regulations.
Sec. 16. "Required obedience to traffic ordinance. " - -It is a misdemeanor for
any person to do any act forbidden or fail to perform any act re-uired in this
ordinance.
Sec. 17. "Obedience to Police. " - -No person shall wilfully fail or refuse to
comply with any lawful order or direction of a police officer.
Sec. 18. "Public employees to obey traffic regulations. " - -The provisions of
this ordinance shall apply to tho 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'said driver to violate any of the provisions of this ordin-
ance, except as otherwise permitted in this ordinance or by State statute.
eee. 19. "Nxemptions to authorized emergency vehicles. " - -(a) The provisions
of this ordinance regulating the operation, parking, and standing of vehicles
shall apply to authorized emergency vehicles, as defined in this ordinance,
except as follows:
A driver when operating any such vehicle in an emergency , except when other -
,rise directed by a police officer, may --
(1) Park or str..nd notwithstanding the provisions i� this ordinance;
(2) Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessery for safe operation;
(3) Zxceed the prima facie speed limits'so long as he does not endanger
life or property;
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(4) Disregard regulations governing direction of movement or turning in
specified directions so long as he does not endanger life or property.
(b) The foregoing exemptions shall not, however, protect the driver of any
such vehicle from the consequences of his reckless disregard of the safety of
others.
$ea. 20. "Persons propelling push carts or riding bicycles or animals to
obey traffic regulations."- -Every person propelling any push cart of riding a
bicycle or an animal upon a roadway, and every person dkiting any animal -drawn
vehicle, shall be subject to the provisions of this ordnance applicable to the
driver of any vehicle, except those provisions of this ordinance which by their
very nature can have no application.
ARTICLE III.
Obedience to traffic control Devices.
Sec. 21. 'Obedience to official traffic control devices. " - -(a) The driver of
any vehicle and the motorman of any street car shall obey the instructions of
any official traffic control device applicable thereto placed in accordance -with
the traffic ordinances of this city, unless; otherwise directed by a police offi-
cer, subject to the exceptions granted the driver of a authorized emergency
vehicle in this ordinance.
(b) No provision of this ordinance for which signs are required shall be
enforced against an alleged violator if at the time and place of the alleged
violation an official sign is not in proper position and sufficiently legible to
be seen by an ordinarily observant person. Fihenever a particular section does
not state that signs are required, such section shall be effective without signs
being erected to give notice thereof.
Sec. 22. "Obedience to no -turn signs and turning markers. " - -': whenever authorized
signs are erected indicating that no right or left turn or "U" turn is permitted
no driver of a vehicle shall disobey the directions of any such sign, and when '
authorized marks, buttons, or other indications are placed within an intersection
indicating the course to be travelled by vehicles turning thereat, no driver of
• vehicle shall disobey the directions of such indications.
Sec. 23. "Zone of .uiet. "- ',.henever authorized signs are erected indicating
• zone of quiet, no person operating a motor vehicle within any such zone shall
sound the horn or other darning device of said vehicle except in an emergency.
Sec. 24. "Play streets. " - :' lhenever authorized signs are erected indicating
any street or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of vehicles having
business or whose residences are within such closed area, and then any said
driver shall exercise the greatest care in driving upon any said street or
portion thereof.
Sec. 25. "Traffic control signal legend. " - -i whenever traffic is controlled
by traffic control signals exhibiting the words "Go ", "Caution ", or "Stop" or
exhibiting different colored lights, the following colors only shall be used
and said terms and lights shall indicate as follows:
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(a) Green alone or "go ".
1. Vehicular traffic facing the signal may proceed straight through or turn
right or left unless a sign at such place prohibits either such turn. But
vehicular traffic shall yield the right -o£ -way to other vehicles and to ped-
estrians lawfully within the intersection at the time such signal is exhibited.
2. Pedestrians facing the signal may proceed across the roadway within any
marked or unmarked crosswalk.
(b) Yellow or "Caution" when shown with or folloeing the green or "Go" signal.
1. Vehicular traffic facing the signal shall stop before entering the nearest
crosswalk at the intersection, but if such stop cannot be made in safety a
vehicle may be driven cautiously through the intersection.
2. Pedestrians facing such signal are thereby advised that there is insuffici-
ent time to cross a roadway, and any pedestrian then starting to cross shall
yield the right -of -way to all vehicles.
(c) Red alone or "Stop ".
1. Vehicular traffic facing the signal shall stop before entering the nearest
crosswalk at an intersection or at such other point as may be indicated by a
clearly visible line, and shall remain standing until green or "Go" is shown
alone.
2. No pedestrian facing such signal shall enter the roadway unless he can do
so safely and without interfering with any vehicular traffic.
(d) Red with green arrow.
1. Vehicular traffic facing such signal may cautiously enter the intersection
only to make the movement indicated by such arrow, but shall not interfere with
other traffic.
2. No pedestrian facing such signal shall enter the roadway unless; he can do
so safely and without interfering with any vehicular traffic.
(e) The motorman of any street car shall obey the above signals as applica-
ble to vehicles.
Sec. 26. "Flashing signals. " -% henever flashing red or yellow signals are
used they shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal,). o'hen a red lens is illuminated b-:- rapid
intermittent flashos, drivers of vehicles shall stop before entering the near-
est crosswalk at an intersection or at a limit line when marked, and the right
to proceed shall be subject to the rules applicable after making a stop at a
stop sign.
2. Flashing yellow (caution signal). Gfhen a yellow lens is illuminated with
rapid intermittent flashes, drivers of vehicles may proceed through the inter-
section or past such signal only with caution.
Sec. 27. "Diq-play of unauthorized sig-ns, signals, or markings. " - -(a) NTo
person shall :,lace, maintain, or display upon or in view of any highway any
unauthorized sign, signal , marking;, or device which purports to be or is an
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imitation of or resembles an official traffic control device or railroad sign
or signal' or which attempta to direct the movement of traffic, or which
from view or interferes with the effectiveness of any official traffic control
device or any railroad ai hides
the erection upon privaSign property r signal. This shall not be deemed to prohibit to directional information and of a adjacent to highways of signs
type that cannot be mistakenorgofficial esigns.
(ub Every such prohibited sib, signal, or marking is hereby declared to be
a public nuisance, and the authority having jurisdiction over the highway is
hereby empowered to remove the same or cause it to be removed without notice.
Sec. 28. "Interference with official traffic control devices or railroad
Signs t signals. "_ -No person shall without lawful authority attempt to or in
deviceiorrndeface, injure, knock down, or remove any official traffic control
thereon y railroad sign or signal, or any inscription, shield, or Insignia
or any other part thereof.
ARTICLE IV.
Stopping, Standing, And Parking.
5ec. 29. "Parking prohibited on narrow streets.,,__iahen
parking are erected on narrow streets igne prohibiting
such designated place. eets no person shall park a vehicle in any
Sec. 3e. "No atopna or park
Signs are erected upon a.ng near hazardous or congested places."--ivhen
pproach to hazardous or congested places, no
Shall stop, stand, or park a vehicle in any such designated
person
Sec. 31. "Parkins place.
no parking F, adjacent. to schools. "- -1"hen signs are erected indicating
p upon th:t side of the street adjacent to any school propert Y$ no person
Shall park a vehicle in any such designated place.
sec. 32. "Parking prohibited in certain Places "--(a) No person shall sto
stand, or park any vehicle upon a street, other than an alley
Or under Bach conditions as to leave available less p�
of the roadway for free movement of vehicular traffic, except'et Of t h a manner
stop temporarily during than ce feet of the width
necessary in obediencegtohtrafficlre�dLng or unloading of a driver may
Police Officer. regulations or traffic sic,,, or signals or when
�,ns or signals or a
(b) No person shall park a vehicle within an alley in s
uch conditions as to leave available less than 10 foet o£ the width of the
roadway uch a manner or under
y for the free movement of vehicular traffic.
Sec. 33• "Parking in front of business or professional building.
parking of vehicles on public streets or places of the Cit
Indiana, in front of an "- -That the
y building occupied or used for businOfSOLIth Bend,
purposes and not regulted by existing ordinances
period exceeding professional
o'clock xce of anhree (3) hours at a time t is hereby prohibited for a
y day of the week exceptinbetween 8$00 o'clock A.11, and 6a0o
bundays and holidays.
Sec. 34; "Parking prohibited at all times in
are erected giving notice thereof, no person shall Dark a vehicle
upon any of the streets described in schedule grated places.a__an
en signs
this ordinance. I attached to and made any time
part of
Sec. 35, "Parking time limited in designated places- "_ -lhon signs are erected
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in each block giving notice thereof, no person shall park a vehicle for longer
than the time specified in schedule II at any time between the hours of 8:00 A.M.
and 6:00 P.M. of any day except Sundays and public holidays within the district
or upon any of the streets described to Schedule II attached to and made a psrt
o;: this ordinance.
Sec. 36. "Standing for loading only. " - -No person shall stop, stand, or park
a vehicle for any purpose or period of tine other than for the expeditious load-
ing of unloading of passengers or merchandise in any place marked as a loading.
zone during the hours when the regulations applicabge to such loading zone are effect-
ive.
Sec. 37. "Bus and taxicab stands. " - -(a) The driver of a bus or taxicab shall
not stand or park upon any street in any business district at any place other than
at a bus stop or taxicab stand respectively, except that this provision shall not
prevent the 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 leading or unloading passengers.
(b) No person shall stop, stand, or park a vehicle other than a bus in a
bus stop, or other than a taxicab in a taxicab stand when any such stop or stand
has been o'ficially designated and appropriately signed, except that the driver
of a passenger vehicle may temporarily stop therein for the purpose of and
v7hile actually engaged in loading or unloading passengers when such stopping
does not interfere with any bus or taxicab waiting to enter or about to enter
such zone.
Sec. 38. "Standing or oarking close to curb. " - -No person shall stand or park
a vehicle in a roadway other than parallel with the edge of the roadway, headed
in the direction of traffic, and with the curb -side wheels of the vehicle within
12 inches of the edge of the roadway, except as provided in the following para-
graph:--
(a) Upon those streets which have been marked or signed for angle parking,
vehicles shall be parked at the angle to the curb indicated by such mark or
signs.
Sec. $9. "Unlawful parking. " - -No person shall stand or park a vehicle upon any
roadway for the principal purpose of:
1. Displaying it for sale;
2. V,ashing, greasing or repairing such vehicle except repairs necessitated
by an emergency.
Sec. 40. "Using vehicle for .primary purpose of advertising prohibited. " - -No
persona shall operate or park on any street any vehicle for the primary purpose
of advertising.
Sec. 41. "Stopping, standing, or parking prohibited in specified places. " --
(a) No person shall stop, stand, or park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the direction of a
Police officer or traffic control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
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3* ','�ithin an intersection ;.
49 ,Within 5 feet of a fire hy$rant;
$. On a crosswalk;
6. Within 10 feet of a crosswalk at an intersection;
7* Within 20 feet upon the approach to any flashing beacon, stop sign, or
traffic control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within 25 Feet of points on
the curb immediately opposite the ends of a safety zone, unless the traffic
authority indicates a different length by si ns or markings;
9. Within 50 feet of the nearest rail of a railroad crossing;
10. Vjithin 15 feet of the driveway entrance to ?.ny fire station and on the
side of a street opposite the entrance to any fire station within 75 feet of said
entance (when properly sign- posted);
11. Alongside or opposite any street excavation or obstruction when such stop -
p.;ng, standing, or parking would . obstruct traffic;
12. On the roadway side of any vehicle stopped or narked at the edge or curb
of a street;
13. At any place where official signs prohibit stopping.
(b) No person shall move a vehicle not owned by such person into any such
prohibited area or away from a curb such distance as is unlawful.
ARTICLE V.
Operation of Vehicles.
Sec. 42. "Stop before entering a preferential street. " - -(a) Those streets and
parts of streets described in schedule III attached hereto and .ads a part hereof
are hereby declared to be preferential streets for the purpose of this section.
(b) When stop signs are erected upon highways intersecting a preferential
street at the entrances thereto or at the entrance to any interestion, every
driver of a vehicle and every motorman,of a street car shall stop at every such
sign or at a clearly marked stop line before entering the intersection except when
directed to proceed by a police officer or traffic control signal.
Sec. 43. "Stop when traffic obstructed. " - -No driver shall enter an intersection
or ) marked crosswalk unless there i.s 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 signal indication to proceed.
Sec. 44. "Driving through procession. " - -No driver of a vehicle or motorman of
a street car shall drive between the vehicles comprising a funeral or other
authorized procession while they are in motion and when such vehicles are con-
spicuously designated as required in this ordinance. This provision shall not
apply at intersections where traffic is controlled by traffic control signals or
police officers.
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Sec. 45. "Permits for parades and processions. " - -No funeral, procession, or
p:zrade containing 200 or more persons or 50 or more vehicles, excepting the forces
of the United States xmy or Navy, the military forces of this State, and the
:'orces of the police and fire departments, shall occupy, march, or proceed along
any street except in accordance with a permit issued by the chief of police and
such other regulations as are set forth herein which may apply.
Sec. 46. "Funeral and other processions. " - -(a) A funeral composed of a pro-
cession of vehicles shall be identified as such by the display upon each vehicle
of a pennant or sticker of a type designated by the chief of the police depart-
ment.
(b) Each driver in a funeral or other procession shall drive as near to the
right -hand edge of the roadway as practical and follow the vehicle ahead as
close as practical and is safe.
See. 47. "Limitations on turning around. " - -The driver of any vehicle shall not
turn such vehicle so as to proceed in the opposite direction upon any street in a
business district and shall not upon any other street so turn a vehicle unless such
movement can be made in safety and without interfering with other traffic.
Sec. 4$. "Limitations on backin. "- -The driver of a vehicle shall not back the
same into an intersection or over a crosswalk and shall not in any event or at
any place back a vehicle unless such movement can be made in safety.
Sec. 49. "Emerging from alley or private driveway. " - -The driver of a vehicle
emerging from an alley, driveway, or building shall stop such vehicle immediately
prior to driving onto a sidewalk or into the sidewalk area extending across any
alleyway, and upon entering the roadway shall yield the right -of -way to all
vehicles approaching on said roadway.
Sec. 50. "Vehicle shall not be driven on the sidewalk. " - -The driver of a vehicle
shall not drive within any sidewalk area except at a. permanent or temporary
driveway.
Sec. 51. "Clinging to moving vehicles. " - -Any person riding upon any bicycle,
motorcycle, coaster, sled, .roller skates, or any toy vehicle shall not attach
the same or himself to any street car mr moving vehicle upon any roadway.
Sec. 52. "Riding on handle bars prohibited. " - -The operator of a motorcycle or
bicycle when upon a street shall not carry any other person upon a handle bar, frame,
or tank of any such vehicle, nor shall any person so ride upon any such vehicle.
Sec. 53. "Use of coasters, roller skates, and similar devices restricted."- -
140 person upon roller skates, or riding in or by means of any coaster, toy vehicle,
or similar device, shall go upon any roadway exce I while crossing a street on
a crosswalk and except upon streets set aside as play street when and as author-
ized by ordinance of this city.
Sec. 54. "Lights on parked vehicles. " - -(a) 'dhenever a vehicle is lawfully
parked on a street during the time between one -half hour after sunset and one -
half hour before sunrise and there is sufficient light to reveal any person within
a distance of 500 feet upon such street, no lights need be displayed upon such
parked vehicle.
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(b) when during said times or at any other times there is not sufficient light
upon a street to reveal a person at a distance of 500 feet a parked vehicle shall
be equipped with one or more lamps which shall exhibit a white light on the road-
way side visable for a distance of 500 feet to the front of the vehicle and a red
light visable from a distance of 500 feet to the rear. Any lighted headlamps upon
a parked vehicle shall be depressed or dimmed.
Sec. 55. "Speed restrictions. " - -(a) No person shall drive a vehicle on a high-
way at a speed greater than is reasonable and prudent under the conditions then
existing.
(b) 'sihere no special hazard exists, the following speeds shall be lawful, but
any speed in excess of said limits shall be prima facie evidence that the speed
is not reasonable or prudent and is unlawful.
1. Twenty miles per hour in any business district;
2. Thirty miles per hour in any residence district;
34 Forty -five miles per hour under other conditions.
(c) The fact that the speed of a vehicle is lower than the foregoing prima facie
limits shall not relieve the driver from the duty to decrease speed when a)proach-
ing and crossing an intersection, ;-hen approaching and going around a curve, when
approaching a hill crest, when traveling upon any narrow or winding roadway, or
when special hazard exists with respect to pedestrians or other traffic or by
reason of weather or highway conditions, and speed shall be decreased as may be
necessary ',o avoid colliding with any person, vehicle, or other conveyance on or
entering the highway in compliance with legal requirements and the duty of all
persons to use due care.
(d) In every charge of violation of this section, the complaint, also the
summons or notice to appear, shall specify the speed at which the defendant is alleged
to have driven, also the prima facie speed applicable within the district or at the
location.
(e) The foregoing provisions of this section shall not be construed to relieve
the plaintiff in any civil action from the burden of proving negligence upon the
part of the defendant as the proximate cause of an accident.
Sec. 56. "Drive on right side of roadway, exceptions. " - -Upon all roadways of
sufficient width a vehicle shall be driven upon the right half of the roadway,
except as follows:
1. Vhen overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;
2. Then the right half of a roadway is closed to traffic while under con-
struction or repair;
3. Upon a roadway divided into three mar'ed lanes for traffic under tae rules
applicable thereon; or
4. Upon a roadway designated and sign- posted for one -way traffic.,.
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Sec. 57. "Passing vehicles proceeding in opposite directions. " -- Drivers of
vehicles proceeding in opposite direction shall pass each other to the right,
and upon roadways having width for not more than one lane of traffic in each
direction each driver shall give to the other at least one -half of the main
traveled portion of the roadway as nearly as possible.
S ®c. 50. "Overtaking a vehicle on tine left. " - -The following rules shall govern
the overtaking; and passing of vehicles proceeding in the same direction, sub-
ject to those limitations, exce >tions, and 9necial rules hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding in the
some direction shall pass to the left thereof at a safe distance and shall not
again drive to the right side of the roadway until safely clear of the over-
taken vehicle.
(b) Except when overtaking and passing on the right is permitted, the driver
of an overtaken vehicle shall give dray to the right in favor of the overtaking
vehicle on audible signal, and shill not increase the speed of his vehicle
until completely passed by the overtaking vehicle.
Sec. 59. "Then overtaking on the right is permitted. " --(a) The driver of
a vehicle may overtake and pass upon the right of another vehicle which is
making; or about to make a left turn.
(b) The driver of a vehicle may overtake and, allowing sufficient clearance,
pass another vehicle proceeding in the same direction either upon the left or
upon the right on a roadway with unobstructed pavement of sufficient width for
4 or more lines of moving tra "fic when such movement can be made in safety. No
person shall drive off the pavement or upon the shoulder of the roadway in
overtaking or passing on the right.
Sec. 60. "Limitations on overtaking on the left. " - -(a) No vehicle shall be
driven to the left side of the center of the roadway in overtaking and passing
another vehicle proceeding in the same direction unless such left side is
clearly visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaki g and passing to be completely made without
interfering with the safe operation of any vehicle approaching froxa the opposite
direction or any vehicle overtaken. In every event the overtaking vehicle
must return to the right -hand side of the roadway before coming within 100
feet of any vehicle approaching from the opposite direction.
(b) No vehicle shall in overtaking and passing another vehicle or at any other
time be driven to the left side of the roadway under the following conditions;
1. jhen approaching the crest of a grade or upon a curve in the highway
where the driver's view along the highways is obstructed;
2. ,';hen a, ;w oaching within 100 feet of or traversing any intersection or
railroad grade crossing.
Sec. 61. "Driving on roadways laned for tra_'fic. "--Cihonever any roadway has
been divided into 3 or more clearly marked lanes for traffic, the following
rules in addition to nll others consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as practical entirely within a single
lane and shall not be moved from such lane until the driver has first ascer-
tained that such movement can be made with safety.
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(b) Official signs may be erected directing slow moving traffic to use a des-
ignated lane or allocating specified lanes to traffic moving in the same direction,
and drivers of vehicles shall obey the directions of every such sign.
sec. 62. "Turning at intersections. " - -The driver of.a vehicle intending to
turn at an intersection shall do so as follows:
(a) Both the approach for a right turn and right turn shall be made as close
as practical to the right -hand curb or edge of the roadway.
(b) Approach for a left turn shall be made in that portion of the right half
of the roadway nearest the venter line thereof, and after entering the inter-
section the left turn shall be made so as to leave the intersection to the right
of the center lane of the roadway being entered.
Sec. 63.. "Vehicles approaching or entering intersection. " - -(a) The driver of
a vehicle approaching an intersection shall yield the right -of -way to the vehicle
which has entered the intersection from a different highway.
(b) :'hen two vehicles enter an intersection from different highways at the
same time, the driver of the vehicle on the left shall yield the right -of -way
to the vehicle on the right.
(c) The foregoing rules are modified at through highways and otherwise as
hereinafter stated in this article.
sec. 64. "Vehicle turning left at intersection. "--The driver of a vehicle
within an intersection intending to turn to the left shall yield the right -of
way to any vehicle approaching from the opposite direction which is within the
intersection or so close thereto as to constitute an immediate hazard, but said
driver, having so yielded and having given a signal when and as required by this
act, may make such left turn, and the drivers of all other vei;iclea approaching
the intersection from said opposite direction shall yield the right -of -way to the
vehicle making the left turn.
sec. 65. "Vehicle entering through highway or stop intersection. " - -(a) The
driver of a vehicle shall stop as required by this act at the entrance to a
through highway and shall yidld the right -of -way to other vehicles which have
entered the intersection from said through highway, or which are approaching so
olosely on said through highway as to constitute an immediate hazard, but said
driver having so yielded, may proceed, and the drivers of all other vehicles
approaching the intersection on said through highway shall yield the right -of-
way to the vehicle so proceeding into or acsross the through highway.
(b) The driver of a vehicle shall likewise stop in obedience to a stop sign
as required herein at an intersection where a stop sign is erected at one or
more entnances thereto, although not a part of a through highway, and shall
proceed cautiously, yielding to vehicles not so obliged to stop which are within
the intersection or approaching so closely as to constitute an immediate hazard,
but may then proceed.
Sec. 66. "Operation of vehicles and street cars on approach of authorized
emergency vehicles. " - -(a) upon the immediate approach of an authorized emergency
vehicle, ,hen the driver is giving audible signal br siren, exhaust whistle, or
bell, the driver of every other vehicle shall yield the right -of -way and shall
ii.,mediately drive to a position parallel to, and as close as possible to, the
right -hand edge or burb of the highway, clear of any intersection, and shall stop
and remain in such position until the authorized emergency vehicle has passed,
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except when otherwise directed by a police officer.
(b) Upon the approach of an authorized emergency vehicle as above stated, the
motorman of every street car shall immediately stop such car clear of any inter-
section and keep it in such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer,
(c) This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety df all
persons using the highway.
sec. 67. "Unattended motor vehicle. " - -No person driving or in charge of a
motor vehicle shall permit It to stand unattended without first stopping the
engine, locking the ignitions 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.
Sec. 68. "Obstruction to driver's view or driging mechanism. " - -(a) No per-
son shall drive a vehicle when it is so loaded, or when there are in the front
seat such number of persons exceeding three, as to obstruct the view of the
driver to the front or sides of the vehicle, or as to interfere with the driver's
control over the driving mechanism of the vehicle.
(b) No passenger in the vehicle or street scar shall ride in such position as
to interfere with the driver's or motorman's view ahead or to the sides, or to
interfere with his control over the driving mechanism of the vehicle or street
car.
Sec. 69. "Following fire apparatus prohibited. " - -The driver of any vehicle other
than one on official business shall not follow any fire apparatus traveling in
response to a fire alarm closer than 500 feet, or drive into or park such vehicle
within the block where fire apparatuo has stopped in answer to a fire alarm.
Sec. 70. "Crossing fire hose. "_ -No street car or vehicle shall be driven over
any unprotected hose of a fire department when laid down on any street, private.
driveway, or street -car track, to be used at any fire or alarm of fire, without
the consent of the fire department official in command.
Sec. 71. "Putting glass, etc., on highway prohibited. " - -(a) No Person shall
throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire,
cans, or any other substance likely to injure any person, animal, or vehicle
upon suchhighway.
(b) Any person who drops, or permits to be dropped or thrown, upon any high-
way any destructive or injurious material shall immediately remove the same or
cause it to be removed.
(c) Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other injurious substance dropped upon the highway from
such vehicle.
Sec. 72. "LL:.mps on bicycles. "- -Lvery bicycle shall be equipped with a lamp
on the front exhibiting a white light visible from a distance of at least 500
feet to the front, and with a lamp on the rear exhibiting a red light visible from
a, distance of 500 feet to the rear, except that a red reflector may be used in
lieu of a rear light.
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sec. 73• "Shrubs and plants in the street as obstructions to be removed. " - -It
shall be unlawful for any person to plant or permit to grow any shrub or plant at or
near any street intersection between the property line and the curb which obstructs
or tends to obstruct the view of operators of vaiiieles or of pedestrians (including
children), and in no case shall any shrub or plant be allowed to grow at any such
point to a height exceeding two and one -half feet. All such shrubs or plants shall
be tricmed or out back by ?ha owners or occupants of abutting property to comply
with the requirements of this ordinance, or if such is not ;;ossible or practicable,
then the same shall be entirely removed.
Sec. 74. "Trucks restricted from boulevards. " - -All trucks and heavily laden ve-
hicles are prohibited by order of the Park Board on the boulevards of South Bend.
'3oulevardsa --
Angella -- Portage to Notre Dame.
Corby -- idles Ave. to St. Louis.
Franklin- -Sou h to _.onroe.
High St. -- Indiana to '.:wing.
Jefferson -- Bridge to Greenlawn.
Lafayette--i.'onroe to the River.
Toles Ave.- -Corby to Reward.
North Shore Drive -- Niles Ave. to 4nge118.
?forth Side Blvd. - -St. Louis Obuth.
Rivorside-- 's,arion north to City L:irits.
South St.-- Lafayette to ;illiam.
St. Louis- -North Side Blvd. to Corby.
iilber -- Portage to Keller,
Sec. 75• "Duty to stop in event of accidents. " - -The driver of any vehicle involved
in an accident resulting in injury or death to any person or damage to property shall
immediately stop such vehicle at the scene of such accident, and shall give his name
and address and registration number of his vehicle to the person struck or to the
driver or occupants of any vehicle collided with, and shall render to uny person
injured in such accident, reasonable assistance, including the carrying of such
person to a physician or surgeon for medical or surgical treatment, if it is appar-
ent that such treatment is necessary or is requested by the injured person.
Sec. 76. "Duty to report accidents. " - -The driver of any vehicle involved in an
ace'dent resulting in injuries or death to any person, or property damages to an
apparent extent of ten dollars ($10.00) or more, shall within 24 hours make a
written report of such accident at the police headquarters on forms provided by the
police department. _._ 0 '_ 0
Sec. 77. "Duty upon striking unattended vehicle. " - 'he driver of any vehicler �R
which is unattended shall immediately stop and shall then and there either locate
and notify the operator or owner of such vehicle of the name and address of the
driver and owner of the vehicle striking the unattended vehicle or shall leave
in a conspicuous place in the vehicle struck a written notice giving the name and
address of the driver and of the owner of the vehicle doing the striking, and a
statement of the circumstances thereof.
Sec. 78. "Accident reports confidential. " - -All statistical accident reports
shall be without prejudice to the individual so reporting and shall be for the
confidential use of the police department, except that the police department may
disclose the identity of a person involved in an accident when such identity is
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not otherwise known or when such person denies his presence at such accident. No
such report shall be used as evidence in any trial, civil or criminal, arising out
of an accident, except that the police department shall furnish upon demand of any
person who has or claims to have made such a report, or upon demand of any court,
a certificate showing that a specified accident report has or hasn't been made
to the police department, solely to prove a compliance or a failure to comply
with the requirement that such a report be made to the police department.
ART ICI E VI.
Pedestrians' Rights and Duties
Sec. 79. "Pedestrians subject to traffic control signals. " -- Pedestrians shall be
subject to traffic control signals at intersections as heretofore declared in this
act, but at all other places pedestrians shall be accorded the privileges and shall
be subject to the restrictions as hereinafter stated.
Sec. 80. "Pedestrians' right -of -way at crosswalks. " - -(a) Vihere traffic control
signals are not in place or in operation, the driver of a vehicle shall yield the
right -of -way, slowing down or stopping if need be to so yield, to a pedestrian
crossing the roadway within any marked crosswalk or within any unmarked crosswalk
at an intersection, except as otherwise provided in this article.
(b) whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and pass
such stopped vehicle.
Sec. 81. "Crossing at other than crosswalks. " - -(a) livery pedestrian crossing a
roadway at any point other than within a marked crosswalk, or within an unmarked
crosswalk at an intersection, shall yield the right -of -way to all vehicles upon the
roadway.
(b) Between adjacent intersections at which traffic control signals are in oper-
ation, ;; edestrians shall not cross at any place except in a marked crosswalk.
(c) Notwithstanding the provisions of this section, every driver of a vehicle
shall exercise due care to avoid colliding with any pedestrian upon any roadway,
and shall give warning by sounding the horn when necessary, and shall exercise
proper precaution upon observing any child or any confused or incapacitated person
upon a roadway.
Sec. 82. "Pedestrians to use right half of crosswalks. " -- Pedestrians shall move,
whenever practicable, upon the right half of crosswalks.
Sec. 83. "Pedestrians soliciting rides. " - -No _:
-ib-
Sec. 85. "Unlawful riding. " - -No person shall ride on any street car or vehicle
upon any portion thereof not designed or intended for the use of passengers. This
provision shall not apply to an employee engaged in'the necessary discharge of a
duty, or to persons riding within truck bodies in space intended for merchandise.
Sec. 86. "Railroad trains and street cars not to block streets."--It shall be
unlawful for the directing officer or the operator of any railroad train or street
car to direct the operation of or to operate the same in such a manser as to prevent
the use of any street for purposes of travel for a period of time longer than 5
minutes, except that this provision shall not apply to trains or cars in motion
other than those engaged in switching. It shall be unlawful for any railroad train
or street car to stop within an intersection or on a crosswalk for the purpose of
receiving or discharging passengers.
Sec. 87. "Passing street car on left. " - -(a) The driver of a vehicle shall not
overtake and pass upon the left or drive upon the left side of any street car pro-
ceeding in the same direction, whether such street car is actually in motion or
temporarily at rest, except;
1, ti'hen so directed by a police officer;
2, Whon upon a one -way street; or
3. ;When upon a street where the tracks are so located as to prevent compliance
with this section.
(b) The driver of any vehicle, when permitted to overtake and pass upon the left
of a street car which has stopped for the purpose of receiving or discharging any
p"senger, shall reduce speed and may proceed only upon exercising due caution for
pedestrians, and shall accord pedestrians the right -of -way when reciuired by other
sections of this act.
Sec. 88. "Passing street car on right. " - he driver of a vehicle overtaking upon
the right any street car Aooped or about to stop for the purpose of receiving or
discharging any passenger shall stop such vehicle at least 5 feet to the rear of the
nearest running board or door of such street car, and thereupon remain standing
until all passengers have boarded such car or upon alighting have reached a place
of safety, except that where a safety zone has been established a vehicle need not be
stopped before passing any such street car, but may proceed past such car at a
speed not greater than is reasonable and proper and with due caution for the safe-
ty of pedestrians.
Sec. 89. "Driving on street -car tracks. " - -(a) The driver of any vehicle proceed-
ing upon any street -car track in front of a street car upon a street shall remove
such vehicle from the track as soon as practical after signal from the operator
of said street car,
(b) 'athen a street car has started to cross an intersection, no driver of a ve-
hicle shall drive upon or cross the car tracks within the intersection in front of
the street car.
(c) The driver of a vehicle upon overtaking and passing; a street car shall not
turn in front of such street car so as to interfere with or impede its movement.
Sec. 90. "Driv9ng through safety zone prohibited. " - -No vehicle shall at any
time be driven through or within a safety zone.
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ARTICLE VIII.
Penalties and Procedure On Arrest.
Sec. 91. "Penalties. " -- Unless another penalty is expressly provided by law,
every person convicted of a violation of any provision of this ordinance shall be
punished by a. fine of not more than - Fifty ($50.00) Dollars or by imprisonment
for not more than - NinetY X9,0) - days or by both such fine and imprisonment.
Sec. 92. "Failure to obey notice or summons." - -(a) Any person who violates his
written promise to appear given to.an officer upon an arrest for any -traffic vio-
lation is guilty of a, misdemeanor regardless of the disposition of the charge on
which he was originally arrested.
(b) Any driver of a motor vehicle who wilfully neglects to answer to the charges
set forth in P. notice affixed to such motor vehicle by a police officer as pro-
vided by any ordinance or this city is guilty of the charge for which the notice
was originally 'issued.
Sec. 93. "Ot:ner responsible for illegal parking. " - -No person shall allowq permit,
or suffer any vehicle registered In his name to stand or park in e!ny street in this
city in violation of any of the ordinances of this city regulating the standing or
parking of vehicles.
Sec. 94. "$ffect of ordinance. " - -If any part or parts of this ordinance are for
any reason held to be invalids such decision shall not affect the validity of the
remaining portions of this ordinance.
See. 95. "Repeal. " -- Ordinance No. .Q 6 S.3 (former traffic ordinance of
the city) of this city is hereby repealedt and all ordinances or parts of ordinances
in conflict with or inconsistent with the provisions of this ordinance are hereby
repealed, excent that this repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordin-
ance hereby repealed prior to the taking effect of this ordinance.
Sec. 96. "Short title."--This ordinance may be k-iown and cited as the Traffic
Ordinance.
Sec. 97. "Effective dato. " --Tads ordinance shall be in full force and effect
from and after its passage and legal publication.
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