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HomeMy WebLinkAboutOrd1969-368 r THE CITY OF SEWARD, ALASKA ORDINANCE NO. 368 AN ORDINANCE ESTABLISHING A TRAFFIC CODE WITHIN THE CITY OF SEWARD, SEWARD, ALASKA, PRESCRffiING RULES AND REGULATIONS GOVERNING TRAFFIC SAFETY, ENFORCEMENT PROCEDURES, ESTABLISHING TRAFFIC ZONES AND PROVIDING FOR THE SAFETY AND WELFARE OF THE CITY REGARDING TRAFFIC REGULATIONS. REPEALING SPECIFICALLY ORDINANCES NUMBER 142, 160, 165, 191 aIXi 322, AND ANY AND ALL PARTS OF O'IHER ORDINANCES IN CONFLICT HEREWITH. THE CITY OF SEWARD, ALASKA, ORDAINS: THIS ORDINANCE SHALL BE KNOWN AS THE TRAFFIC CODE OF THE CITY OF SEWARD, SEWARD, ALASKA, AND MAY BE CITED AS SUCH. - a - r nm CITY OF SEWARD TRAFFIC CODE ARTICLE I - ENFORCEMENT AND OOEDIENCE TO TRAFFIC REGULATIONS: Section 1.1 Authority of Police and Fire Department Officials: 1(a) 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 and highway traffic laws of this city and all of the state vehicle laws applicable to street and highway traffic in this city. l(b) Officers of the Police Department or such officers as are assigned by the Otief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Pollee Department may direct traffic as conditions may require notwithstanding the pro- visions of the traffic laws. l(c) 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. Section 1.2 Required Obedience to Traffic Regulations: It is a misdemeanor for any person to do any act forbidden or faU to perform any act required in this ordinance. Section 1. 3 Obedience to Police and Fire Department Officials: No person shall willfully faU or refuse to comply with any lawful order or direction of a police officer or fire department official. Section 1.4 Persons Propelling Push Carts or Riding Animals to QJey Tratftc Regulations: Every person propelling any push cart or rldlng an animal upon a roadway, and any person driving any animal-drawn vehicle, shall be subject to the provisions of this ordinance applicable to the driver of any vehicle, except those proviSiOns of this ordinance which by their very nature can have no application. Section 1.5 Use of Coasters, Roller Skates, and Similar Devices Restricted: No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device. shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all the - 1 - rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinances of this city. Section 1.6 Public Employees to Obey Traffic Regulations: The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the service of the United States government, the State of Alaska, or the City of Seward, and it shall be unlawful for any driver to violate any of the pro- visions of this ordinance, except as otherwise permitted in this ordinance or by state statute. Section 1.7 Authorized Emergency Vehicles; 7(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions heretn stated. 7(b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the prOVisions of this chapter. (2) Proceed past a red or stop signal or stop sign, but only after slow- ing down as may be necessary for safe operation. (3) Exceed the stated or posted speed limits so long as he does not endanger life or property. (4) Disregard regulations governing direction of movement or turning in specified directions. (5) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of said vehicle while in motion, sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. (6) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all - 2 - r persons, nor shall such provisions protect the driver from the consequences of his recldess disregard for the safety of others. Section 1. 8 Operation of Vehicles on Approach of Authorized Emergency Vehicles: 7(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the frontof such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. 7(b) This section shall not be construed in any manner as to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street or highway. Section 1.9 Immediate Notice of Accident: The driver of a vehicle which is in any manner involved in an accident result- ing in injury to or death of any person or property damage to an apparent twenty- five dollars or more, shall immediately by the quickest means of communication give notice of such accident to the Police Deparnnent if such accident occurs with- in this City; and no vehicle involved in such accident shall be moved until the police have investigated and given permission for such removal. Section 1.10 Driver to Remain at Scene of Accident: The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 1.10 of this Article. Section 1.11 Duty to Give Information and Render Aid: The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any - 3 - person shall give his name, address, and the registration number of the vehicle he is driving, and shall, upon request, exhibit his operator's or chauffeur's license to the person struck, or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assi.stance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. Section 1.12 Duty Upon Striking Unattended Vehicle: The driver of any vehicle which collides with any vehicle 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. Section 1.13 Duty Upon StrUdJ!g Fixtures Upon a Street or Highway: The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the registration number of the vehicle he is driving, and shall upon request exhibit his operator's or chauffeur's license, and shall make report of such accident when and as required in Section 1. If hereof. Section 1.14 Written Reports of Accidents: The driver of a vehicle which is in any manner involved in an accident result. ing in injury to or death of any person or total property damage to an apparent extent of twenty-five ($25.00) dollars or more shall make written report, at Police Headquarters, on forms furnished by the city, within forty-eight (48) hours after the accident. Section 1.15 When Driver Unable to Report 15(a) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 1.8 and having another - 4: - r occupant in the vehicle at the time d the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver. l5(b) Whenever the driver is physically incapable of making a written report of an accident as required 1:1 Section 1..13 and such driver is not the owner d the vehicle, then t.'1e owner of t.'1e vehicle involved in such accident shall within five (5) days after learning of the accident make such report not made by the driver. Section 1.16 Written Accident Reports COIh~dential: All written accident reports made by drivers, owners, or occupants of vehicles involved in accidents as required in Sections 1.12 and 1.13 shall be without prej- udice to the individual so reporting and shall be for the confidential use of the Police Department having use for the records for accident prevention purposes, except that the Police Department may disclose the identity of a person involved in an accident when such identity is 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 the specified accident report has or has not been made to the Police Department solely to prove the compliance or failure to comply with the requirements that such a report be made to the department. Section 1.17 Interference at Scene of Accident Prohibited: No person shall proceed to the scene of an accident or other emergency or stop and park a vehicle or congregate in the vicinity thereof so as to Interfere wtl:h pollce officers or other persons performing their duties at the scene of such accident or other emergency or for the purpose of advertising or offering any service. Section 1..18 Complie.nce With State Law: l8(a) No person shall operate any vehicle, or permit the same to be operated, on any street or highway unless the same complies with the laws of me State of Alaska. 18(b) No person shall operate any vehicle unless he is licensed as an operator or chauffeur as required by the State of Alaska and unless he has a valid license - 5 - so granted in his possession at all times while operating a vehicle, and no person shall violate any condition or privilege of such license. No person shall permit an unlicensed driver to operate any vehicle owned by him. l8(c) No person whose operator's or chauffeur's license has been suspended, revoked, or refused ['hall drive any ve.'1icle while license is suspended, revoked, or refused. AR TICLE II - TRAFFIC CONTR OL DEVICES: Section 2.19 Authority to Install Traffic-Control Devices: The public works department supervisor under the direction of the City Manager, shall place and maintain traffic-control signs. signals. and devices when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law. or to guide or warn traffic. Section 2.20 Specifications for Traffic-Control Devices: All traffic-control signs, signals, and devices shall so far as practicable conform to the "Manual on Uniform Traffic-control Devices for Street and Highway." All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic- control devices so erected and not inconsistent with the provisions of state law or this ordinance shall be official traffic-control devices. Section 2.21 Obedience to Official Traffic-Control Devices: The driver of any ve:1::cle sbaH obey the instructions of any official traffic- control device applicab~e the:::-eto placed in accordance with the traffic ordinances of this city, unless otherwise directed by a police office, subject to the exceptions granted the driver of an authorized vehicle in this ordinance. Section 2. 22 When Traff~c Devices R equ,red for Enforcement: No provision of this ordim.nce 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 po~ition and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that - 6 - r- signs are required, such section shall be effective even though no signs are erected or in place. Section 2. 23 Display of Unauthorized Signs, Signals, or Markings: 23(a) No person shall place, maintain, or display upon or in view of any street or highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of .or resembles an official traffic-control device or rail- road sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. 23(b) No person shall place or maintain nor shall any public authority permit upon any street or highway any traffic sign or signal bearing thereon any commercial advertising. 23(c) No person shall place or maintain any advertising device which is primarily designed for the purpose of attracting the attention of drivers of vehicles by revolving beacons, flashing lights, movement of objects or emission of blatant sound. 23(d) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice. Section 2.24 Interference with Official Traffic-Control Devices: No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. Section 2. 25 Play Streets: 25(a) The Chief of Police, under the direction of the City Manager, shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. 25(b) Whenever 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 residence are within such closed area, and then any said driver shall exercise the greatest care - 7 - r in driving upon any such street or portion thereof. 25(c) In designating any street or area as a play street or grounds The City of Seward and the Chief of Police shall be saved harmless and free from all liability , claims, demands, suits, jGGgements and actions of any nature whatsoever arising out of designating a pIay are? or street. Section 2.26 Crosswalks and Safety Zones: The public works department supervisor, under the direction of the City Manager, is hereby authorIzed: (1) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roc,dway, 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. (2) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. Section 2. 27 Traffic Lanes: 27(a) The public works department supervisor, under the direction of the City Manager, is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. 27(b) Where such traffic lanes have been marked, it shall be unlawful for the driver of any vehicle to fnil or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning mO'lement. Section 2. 28 Streets Closed to Traffic: 28(a) The Chief of Police, Supervisor of Public Works Department or the City , Manager shall be authorized to close streets to traffic. 28(b) Whenever any street is closed to the use of traffic and the same is so indicated by authorized signs or barriers, no vehicle shall proceed into said street or any portion thereof except as directed by said signs. Whenever a street is closed, notice shall immediately be given to the fire chief. 28(c) No person, public utility or any city department shall erect or place any barrier or sign on any street or sidewalk, unless first authorized by the Director of Public Works or the City Manager. This section does not apply to - 8 - ~ street closures effected by the department of Police as authorized by Section L 27(a)" Section 2.29 Airport Restricted Areas Closed to Traffic: No unauthorized vehicle shall enter or travel upon any portion of the airport designated for use by aircraft. Those portions of the airport designated for air- craft shall include but not be limited to taxiways, runways, and runway approach zones. ARTICLE III - SPEED REGULATIONS: Section 3.30 Basic Speed: No person shall drive a vehicle upon a street or highway at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of the street or highway, and in no event at a speed which endangers the safety of persons or property. Section 3.31 Speed Limits: No person shall drive a vehicle upon a street or highway in excess of the following speeds unless such speed limits are changed as authorized in this ordinance and if so changed, then only when signs have been erected giving notice thereof, in which event no person shall drive a vehicle upon a street or highway in excess of the speed posted on the sign: 3l(a) Fifteen (15) miles per hour: (1) In any alley. (2) When passing any school building between the hours of 8:00 A. M. and 5: 00 P. M., on school days or when crossing any marked school crossing during such hours, or while within any marked school zone, such zone to ex~end one hundred and fifty feet in either direction from any marked school crossing. (3) On Fourth Avenue between Adams Street and Railway Avenue. (4) As posted in other areas (i. e., Small Boat Harbor). 31(b) Twenty-five (25) miles per hour: (1) Through any residence district except on arterial streets and except as otherwise provided herein. - 9 - r Section 3.32 Authority to Increase Speed Limits: Whenever the Chief of Police determines upon the basis of an engineering and traffic investigation that a speed greater or less than twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reason- able and safe on any street or highway otherwise subject to a prima facie limit of twenty-five (25) miles per hour under this ordinance, the Chief of Police may determine and declare a prima facie speed limit of fifteen, twenty-five, thirty, thirty-five, forty, forty-five, or fifty miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate mechanical, electrical, or painted signs giving notice thereof are erected upon said street or highway. Section 3.33 Minimum Speed: It shall be unlawful for any person to operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic at the point of operation thereof, except when a reduced speed is necessary for safe operation or in compliance with any law, rule, or regulation. AR TICLE IV - TIJR NING MOVEMENTS: Section 4. 34 Required Position and Method of Turning at Intersections: The driver of a vehicle intending to turn at an intersection shall do as follows: 34(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. 34(b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left-turn shall be made in that portion of the right half of the , roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. 34(c) Left turns on other than two-way roadways. At any intersection where ....,. ... - 10 - ~ traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the inter- section in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be mt-de so as to leave the intersection, as nearly as practicable, in the left- hand lane lawfully available to traffic moving in such direction upon the roadway being entered. Section 4.35 Signala R equh"ed for Turning and Stopping: (35(a) No person shall turn a vehicle from a direct course or move right or left upon a roadway unless such movement can be made with reasonable safety and then only after the gIving of an appropriate signal in the manner provided herein. Any signal of intention to turn right or left shall be given continuously during the last one hundred (100) feet traveled by the vehicle before turning. 35(b) No person shall stop or suddenly decrease the speed of his vehicle on a street or highway without first giving an appropriate signal in the manner provided herein. 35(c) All signals herein required given by hand and arm shall be given from the left side of a vehicle in the following manner and such signals shall indicate as follows: (1) Left Turn. Hand and arm extended horizontally beyond the side of the vehicle. (2) Right Turn. Han.d and arm extended upward beyond the side of the vehicle. (3) Stop or sudden decrease of speed. Hand and arm extended down- ward beyond the side of the vehicle. 35(d) The signals herein required shall be given either by means of the hand and arm or by a signal lamp OT mechanical signal device of an approved type, but when the body or the vehicles or the body or load on any vehicle projects thirty-two inches or more to tl'1e left of the center of the steering wheel, or under any condition when a hand and a.rm signal would not be visible both to the front and rear of such vehicle or vehicles then such vehicle or vehicles must be equipped with and said signals must be given by such a lamp or device. - 11 - Section 4.36 Authority to Place and Obedience to Turning Markers: 36(a) The Chief of Police is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be travelled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. 36(b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning there- at, no driver of a vehicle shall disobey the directions of such indications. Section 4.37 Authority to Place Restricted Turn Signs: 37(a) The Chief of Police is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or "U" turn, and shall place proper signs at such intersections. The making of such turns may be pro- hibited between certain hours of any day and permitted at other hours. in which event the same shall be plainly indicated on the signs or they may be removed when such tUJ:ns are permitted. 37(b) Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any sign. Section 4.38 Limitations on Turning Around: A driver of a 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. except at an intersection and unless such movement can be made in safety and without interfering with or delaying other traffic. Section 4.39 Left and "U" Turn Prohibited: 39(a) It shall be unlawful to make a "U" turn upon any street or highway be- tween intersections or at any signalized intersection. 39(b) It shall be unlawful to make a left turn from an alley or parking lot where it is prohibited by signs. ARTICLE V - ONE-WAY S1R2ETS AND ALLEYS: Section 5.40 Authority to Sign One-Way Streets and Alleys: 40(a) The Chief of Police may designate anyone-way street or alley and when - 12 - so designated t:.1e public works department shall place and .maintain signs giving notice thereof, and no such regulatiO:1 shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection wl1ere fi1;)vemcnt of traffic in the opposite direction is prohibited. 40(b) Upon those st;:e2ts and parts of streets and in those alleys designated as one-way, vchiculC'.:r tra:ific shall move only in the indicated direction when signs indicating the direction of trafiic are erected and maintained at every intersection where movement in the opposit dIrection is prohibited. 40(c) The Chief or Police is hereby authorized to determine and designate streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers, or orlier devices to give notice thereof. The Chief of Police may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless or the center line of the roadway. 40 (c) It shall be unlavrful for any person to operate any vehicle in violation of such markings, signs, barriers, or other devices so placed in accordance with this article. AR TICLE VI - SPECIAL STOPS R EQUIR ED: Section 6.41 ArteI"ial Streets or Highways: The Chief of Police may designate and describe arterial streets or highways and when so designated it shall be the duty of the public works department to place and maintain a "stop. sign on each and every street or highway intersecting such arterial street or hIghv!ay intersecting that portion thereof described and designated as such unless trafiic at 2.ny such intersection is controlled at all times by traffic- control signals, pl'ovided, however, that at the intersection of two such arterial streets or highways or at \lee intersection of an arterial street and a heavy traffic street, not so designated, "stop signs shall be erected at the approaches of either of said streets as may be determined by the Chief of Police on the basis of an engineering and traGic stt'dy, - 13 - I Section 6.42 Intersections Where Stop Required: The Chief of Police is hereby authorized to determine and designate intersect- ions where particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall stop at one or more entrances to any such intersection, and shall erect a 'stop" sign at every such place where a stop is required. Section 6.43 Specifications for Stop Signs: Every sign erected pursuant to this article shall bear the word "Stop" in letters not less than eight (8) inches in height and such sign shall at night-time be rendered luminous by steady or flashing internal illumination, or by a fixed flood- light projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of the cross-walk on the near side of the intersection, or, if neon, at the nearest line of the roadway. Section 6.44 Vehicles to Stop at Stop Signs: When "stop" signs are erected as herein authorized at or near the entrance to any intersection, every driver of a vehicle approaching a stop sign shall stop before entering the cross-walk on the near side of the intersection or in the event there is no crosswalk shall stop at a clearly marked stop" line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer or traffic-control signal. Section 6.45 Emerging From Alley, Driveway, or Building: The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the side- walk area extending across any alleyway or driveway, yielding the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. Section 6.46 Stop When Traffic Obstructed: No driver 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 - 14 - ~ pedestrians, notwithstanding any traffic-control signal indication to proceed. Section 6.47 Yield Right-of-Way Signs: 47(a) The Chief Of Police is hereby authorized to determine and designate intersections where particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall yield right-of-way at one or more entrances to any such intersection, and shall erect "Yield Right-of-Way" signs at every such approach to an intersection so determined. 47(b) 2very sign erected pursuant to this section shall bear the words Yield Right-of-Way" with letters of the word "Yield" at least six inches in height and such sign shall at night-time be rendered luminous by a steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every "Yield Right-of-Way" sign shall be located as near as practical at the nearest line of the crosswalk on the near side of the intersection, or, if none, at the nearest line of the roadway. 47(c) The driver of any vehicle upon approaching any "Yield Right-of-Way" sign at the entrance to a street or highway or intersection shall slow down and stop if necessary and shall yield the right-of-way to other vehicles which have entered the intersection from an intersecting street or highway or which are approaching so closely on the intersecting street or highway as to constitute an immediate hazard. Section 6.48 Obedience to Signal Indicating Approach of Railroad Train: 48(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirement shall apply when: (I) A clearly visible electric or mechanical device gives warning of the immediate approach of a railroad train. (2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train. (3) A railroad train approaching within approximately fifteen hundred feet of a street or highway crossing emits a signal audible from such distance - 15 - and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard. (4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. 48(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed, or is being opened or closed. ARTICLE VII - DRIVING RULES AND REGULATIONS: Section 7.49 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 five hundred (500) feet or drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm. Section 7.50 Crossing Fire Hose: No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or highway or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. Section 7.51 Driving Through Funeral or Other Procession: No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as reouired in this article. This provision shall not apply at the intersections where traffic is controlled by police officers. Section 7.52 Drivers in a Procession: Each driver in a funeral or other authorized procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. Each vehicle shall have lights burning while in a funeral procession. Section 7.53 Funeral Processions to be Identified: A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division. - 16 - ~ Section 7.54 When Permits Required for Parades or Processions: No procession or par;:de, e;~cepting the Armed Forces of the United States or the State of Alaska and the fO::.:ces of the Police and Fire Departments, shall occupy, march, or proceed along &ny street except in accordance with a permit issued by the Chief of PolIce e;",j '::;UCI1 other regulations as are set forth herein which may apply. Section 7.55 Vehicles on a Sidewalk: The driver of a 'lcl1icl8 shall not drive upon any sidewalk area except at a permanent or temporc:ry drIveway, Section 7.56 Limitatlons ~;n Eacking: The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic, except that under no circumstances shall the driver of a vehicle back the same into or through an intersection. Section 7.57 Riding on. Motorcycles: 57(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than. one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear sIde of the operator. 57(b) The driver and .passenger shall wear a safety helmet. Section 7.58 Riding on aT Boarding or Alighting From Vehicles: 58(a) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. 58(b) No person shall board or alight from any vehicle while such vehicle is in motion. 58(c) No person sh2H ride on any 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. 58(d) No person shall enter or leave a vehicle from the left-hand side thereof - 17 c. r in any business district, on any arterial street, on any street or highway upon which traffic lan08 a:::e est2_blished, or whenever such action represents a safety hazard; provided, hm'icv21', that such prohibition shall not apply to a vehicle angle parked nor to amhor?zed emergency vehicles. Section 7. 5~ Carryiu6 Animais on Outside of Vehicle: It shall be unlaw::ul for any person to transport any living animal on the running board, fenders, hood, or oiher outside part of any vehicle. unless suitable harness, cage, or enclosure be p:::o;lided and so attached as to protect such animal from falling or beIng t~l:.:'own then,,:f:rom. Section 7.60 Driving nLrough Safety Zones Prohibited: No vehicle shall at any time be driven through or within a safety zone. Section 7.61 ControH€d o:r Limited Access: No person shall drive a vehicle onto or from any controlled access or limited access roadway except at such entrances and exits as are established by public authority . Section 7.62 Railroad TraIns Not to Block Streets: It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a menner as to prevent the use of any street or highway for purposes of travel for a period of time longer than five (5) minute::;, e:!~cept that this provision shall not apply to trains or cars in motion othe;:- th>'m those engaged in switching. Section 7.63 Driving on night Side of Roadway: 63(a) Upon all roadways of' sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same directton under the limitations specified in this article. (2) When placing a vehicle in a lawful position for, and when such vehicle is lawfully making a left turn, (3) Upon a roadway designated and sign posted for one-way traffic. (4) When the right half of the roadway is obstructed or is under con- struction o:r repair. - 18 - r 63(b) The Chief of Police ;.8 hereby authorized to determine and designate any street or highway or any portion of a street or highway where the volume of traffic or the vertical OT ot~ler cUr\rature of the roadway renders it hazardous to drive on the left side of such roadway, The Chief of Police shall have two parallel yellow stripes painted UpO:'l the pa7ement along any such designated street or highway. ''''hen such markings 0:;.- signs and markings are in place, the driver of a vehicle shall not drive along tlle street 0:.- highway to the left thereof, but this shall not prevent turning to the left across any BUC:l marking at any intersection. 63(c) It is Enlawful to drive <illY vehicle upon any street or highway which has been divided into two 0-:: more roadways by means of a physical barrier or by means of a dividing section or not less than two feet in width delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to drive any vehicle over or across any such dividing section, or to make any left turn or "U" turn on any such divided street or highway, except in a crossover or intersection. Section 7. 64 Meeting of Vehicles: Drivers of vehicles proceedIng in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as nearly as possible, Section 7.65 FollowIng ~ Overtaking a Vehicle: 65(a) The driver of any vehicle overtaking another vehicle proceeding in the same direction shall paso at a safe distance to the left thereof, and shall not again drive to the right sIde of the roadway until safely clear of such overtaken vehicle. 65(b) The driver of: a vehicle may overtake and pass upon the right of another vehicle only under the follO'.vlng conditions: (1) \iVhen the vehicle overtaken is making or about to make, a left turn~ (2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; (3) Upon a one-way street, or upon any roadway on which traffic is - 19 - restricted to one direction of movement, where the roadway is free from obstructions and :JZ sufficient width for two or more lines of moving vehicles. 65(c) The drIver of a motor vehicle shall not follow another vehicle more closely than is reasonatle m:d p:::udect, having due regard to the speed of such vehicle and the traffic c.l'.d co::dilioi1S or tile street or highway. Section 7.66 Limitc,tions Oi~ Overtaking and Passing: 66(a' 111e drive;: or a vehicle sllall not drive to the left side of the center line of a roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of on-coming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety 0 66(b) The driver or a vehicle shall not overtake or pass another vehicle pro- ceeding in the same direction upon a grade or upon a curve in the roadway unless the driver's view along the roadway is sufficient to insure safety. 66(c) The driver of a vehicle shall not overtake or pass any other vehicle pro- ceeding in the same direction at any railroad grade crossing nor at any inter- section of streets or highways unless permitted ':0 do so by a police officer. 66(d) The dri7er of a vehicle shall not overtake or pass any other vehicle pro- ceeding in the same direction when yellow lines are in the traffic lane. Section 7.67 School Bus: Defined; p..cocedure When (>/leering and Overtaking; Sign and Signal Hequirements; Compliance with State Board of Education; Bi2,nnuallnspection: 67(a) For the purposes or this section, a school bus is defined as any vehicle having a capacity of seven or more persons and used regularly for the purpose of transporting children to or from a school. 67(b) The driver or any vehicle upon a street or highway, upon meeting or overtaking from either direction any school bus equipped with signs and signals as herein required which has stopped on a street or highway for the purpose of receiving or discharging any school children when such school bus displays two flashing red light signals visible from the rear and two flashing amber light signals from the front shall bring such vehicle to a stop immediately before passing said school bus and shall not proceed past such school bus until said flashing - 20 - ~ signals cease to operate. The driver of a vehicle upon a street or highway with seperate roadways need not stop upon meeting or passing a school bus which is upon the other roadvvay., The driver of a vehicle need not stop upon meeting or passing a school bus when the le.tter is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic-control signal. 67(c) Every school tus, when operated for the transportation of school children shall bear upon the front and rea::..- thereof, a plainly visible sign contain- ing the words "School BUG' , in letters not less than eight inches in height, Upon every such sign, the letters shall be of proportionate width. No vehicle, other than a school bus, shall display such a sign. Vehicles formerly used as school buses but currently used for other purposes shall have all pertinent lettering and flashing lights removed. 67(d) every school bus when operated for the transportation of school children shall be equipped with two flashing red light signals visible from the rear and two flashing red light signals visible from the front. The above required signals shall be a completely separate system and shall be independently operated by the driver. The driver of a school bus shall operate this signal at all times when a school tus is stopped on a street or highway for the purpose of loading or unloading children. Such signals shall not be operated at any other time. 67(e) 2very school tus when operated for the transportation of school children shall comply with all of the requirements and regulations of the State Board of Education. 67(f) The driver of a school bus shall not exceed thirty-five (35) miles per hour when occupied by children. Section 7.68 Right-of-Way: 68(a) When the driver of a vehicle approaches an intersection, he shall yield the right-of-way to any vehicle which has already entered intersection from a different street or highway. 68(b) When two vehicles enter an intersection from different streets or high- ways, neither of which are arterial streets or highways, at approximately the same time, the driver on the left shall yield the right-af-way to the vehicle on the right, - 21 - r- 68(c) TIle driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or when turning into an alley, private road or driveway after proceeding with the left turn, such collision shall be deemed prima facie evidence of his failure to yield the right-oi-way. 68(d) North-South avenues have the right of way over 2ast-West Streets, unless otherwise posted. Section 7.69 3xceptions to the R ight-of- Way Rule: The driver of a vehicle entering an arterial street or highway, as designated in accordance with this chapter, shall yield the right-of-way to all vehicles approaching on such streets or highways. Section 7.70 Right-of-Way For Moving Traffic: The driver of any vehicle entering a street or highway at a point other than a street or highway intersection or entering traffic on a roadway from a parked or angle-parked position on such street or highway, shall look out for and yield the right-of-way to other vehicles on such roadway. Section 7.71 Coasting Prohibited: The driver of a vehicle, when traveling on a down grade, shall not coast with the gears of such vehicle in neutral. Section 7. 72 Towing: 72(a) No vehicle shall tow more than one other vehicle, nor more than two trailers, and the connections shall not be over sixteen feet long, and a red flag or other signal, or cloth not less than twelve inches both in length and width shall be fastened to the tow-line so as to make it plainly discernible. Each vehicle shall separately display thereon the lights required on a vehicle of the class to which it belongs. 72(b) Trailers must track within six inches of the preceeding vehicle. 72(c) Trailers shall be attached to the preceding vehicle by means of a suitable coupling. Two safety chains, one on each side of the coupling, must also be used. Both chains must be attached to the chassis frame. Each chain must be of - 22 - ~ sufficient strength to pull the trailer or trailers attached to it when it is loaded to maximum capacity. Section 7.73 Unattended Motor Vehicles: No person having control or charge of a motor vehicle shall allow such vehicle to stand on any roadway unattended without first effectively setting the brakes there- on, and when standing upon any grade without turning the front wheels of such vehicle to the curt or side of the roadway. and such person shall be held responsible for removal of ignition key. Section 7. 74 Noise and Smoke: 74(a) No person in charge or control of any vehicle shall make with such vehicle, or any device connected therewith, any noise so excessive as to annoy the public, or unnecessarily race his motor while running idle, or open the muffler of any vehicle, or permit such vehicle or any device thereon to emit an unreason- able quantity of smoke, or noxious gases or vapor. 74(b) No person shall use any sound amplifying device, recorded music, or radio in or from any vehicle on any street or highway for the purpose of attracting the attention of persons to the sounds issued therefrom, except after receiving a permit from the Chief of Police. Said permit shall be in writing. Section 7.75 Obstruction of Driver's View or Driving Mechanism: 75(a} No driver of any vehicle shall drive the same when such vehicle is so loaded as to obstruct the view of the driver to the front or sides or to interfere with the driver's control over the driving mechanism of the vehicle. 75(b) No person shall drive a vehicle with more than three people occupying the front seat. 75(c) The windshield in front of the driver shall be kept clear of dirt, snow, and ice or open so that the driver's view is unobstructed. No person shall drive any vehicle upon a street or highway with any sign, poster, or other non- transparent material upon the front windshield of such motor vehicle other than a certificate or other paper required or permitted to be displayed by law. Section 7.76 Glass, Etc., on Thorofare Prohibited: 76(a) No person shall throw or deposit upon any highway, street, or alley any glass, nails, tacks, wire, cans or other substance likely to injure any person, - 23 - animal, or vehicle upon such street or highway. 76(t) No person who drops, or permits to be dropped or thrown, upon any street or highway, any destructive or injurious material shall not fail to immediate remove the same or cause it to te removed. 76(c) No person removing a wrecked or damaged vehicle from a street or highway shall fail to remove any glass or other injurious substance dropped upon a highway from such vehicle. Section 7.77 Persons Under Influence of Intoxicating Liquor or Drugs: 77(a) No person who is an habitual user of narcotic drugs or who is under the influence of intoxicating liquor or any drug or the combined influence of intoxicating liquor and any drug, shall drive any vehicle within the city. 77(b) No person who is a habitual user of narcotics or who is under the in- fluence of intoxicating liquor or any drilg or the combined influence of intoxicating liquor and any drug, shall be in actual physical control of any vehicle within the city. 77(c) No owner or person having control of any vehicle shall knowingly authorize or willingly permit the vehicle to be driven on any street or highway with- in this city by any person who is an habitual user of narcotic drugs or who is under the influence of intoxicating liquor or any drug or the combined influence of intoxi- eating liquor and any drug. 77(d) The fact that any person charged with the violation of this section is or has been entitled to use any such intoxicating liquors or any drugs under the laws of the State of Alaska shall not constitute a defense against any charge of violating this section. Section 7.78 Reckless Driving: It shall be unlawful for any person to operate a motor vehicle in a reckless manner over and along the public ways, streets or highways of this city. For the purpose of this section, 'to operate in a reckless manner", shall be construed to mean the operation of a vehicle upon the public ways, streets or highways of this city in such a manner as to indicate either willful or wanton disregard for the safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or to be likely to endanger any person or property. - 24 - I .' .._"~ .------ .. ..-.--'~~ - Section 7.79 Negligent Driving: It shall be unlawful for any person to operate a motor vehicle in a negligent manner over and along the public ways, streets or highways of this city. For the purpose of this section to "operate in a negligent manner , means the operation of a vehicle upon the public ways, streets or highways in such a manner as to en- danger any person or property. The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Section 7.80 Pedestrians' Right-of-Way in Crosswalk: 80(a) 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 a roadway within a cross- walk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, which is so close that it is impossible for the driver to yield. 80(b) Whenever any vehicle is stopped at a marked crosswalk or at any un- marked 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. Section 7.81 Pedestrians to Use Right Half of Crosswalk: Pedestrians shall move, whenever practicable, upon the right half of cross- walks. Section 7.82 Crossing at Right Angles: No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb. Section 7.83 When Pedestrians Shall Yield: 83(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at any intersection shall yield the right-of-way to all vehicles upon the roadway. - 25 - r- 83(b) The foregoing rules of this section have no application under the con- ditions stated in Section 7.84, when pedestrians are prohibitted from crossing at certain designated places. Section 7.84 Prohibited Cros~ing: 84(a) Pedestrians shall not cross at any place except in a crosswalk. 84(b) No pedestrian shall cross a roadway other than in a crosswalk in the central business traffic district or in any business district. 84(c) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. Section 7.85 Pedestrians Walking Along Roadways: 85(a) 'Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. 8S(b) \II/here sidewalks are not provided any pedestrian walking along and upon a street or highway shall, when practical, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Section 7.86 Pedestrians Soliciting Rides or Business: 86(a) No person shall stand in a roadway or in proximity to a street or high- way for the purpose or soliciting a ride, employment, or business from the occupant of any vehicle. 86(b) No person shall stand in any roadway or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. Section 7.87 Drivers to Excercise Due Care: Notwithstanding the foregoing provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding a horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapaci- tated person upon a roadway. AR TICLE VITI - MElliOD OF PARKING: Section 8.88 Standing or Parking Close to Curb: No person shall stand or park a vehicle in a roadway other than parallel with . 26 - r the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheelG of the vehicle within eighteen inches of the curb or edge of the roadway, except as o;:herwise provided in this article. Section 8-89 Signs~)l" Markings Indicating Angle Parking: The Chief of Police shall determine upon what streets or highways angle park- ing shall be permitted and shall mark or sign such streets. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive on the left side of the roadway or where angle parking would create a hazard to passing traffic. Section 8.90 Lights on Parked Vehicles: 90(a) Whenever a vehicle is lawfully parked during hours of darkness upon any street or highway within a business or residence district, no lights need be displayed upon such parked vehicle. 90(b) V\lhenever a vehicle is parked upon a street or 'highway outside of a business or residence district during the hours of darkness, such vehicle shall be equipped with one or more lamps which shall exhibit a white light visible from a distance of five hundred feet to the front of the vehicle and a red light visible from a distance of five hundred feet to the rear. 90(c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Section 8.91 Ablllndonded Vehicles: " "Abandonded Vehicles'; for purposes of this code, shall mean all vehicles which have been parked i.n the same location upon any city street or thorofare for a time period in excess of ninety-six (96) hours after illegal twenty-four (24) hour parking citation has been attached to vehicle. AR TICLE IX - STOPPING, STANDING, OR PARKING PR OHIBITED OR R E'STR ICT2D IN SPECIFIED PLACES: Section 9.92 Stopping, Standing, or Parking Prohibited~ No Signs Required: 92(a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with this chapter or the directions of a police officer or traffic-control device, in any of the following places: - 27 - (1) an asi.dev/aIk, (2) In froat of 8. public or private driveway. (3) Within an intersection. (4) Wit;1in flftee.n (5) feet of a fire hydrant. (5) On n c:;:o08'.'/alk, (6) Witil~n twenty (20) feet of a crosswalk at an intersection, except when a traffic-control signal is in operation. (7) W~t;lin fiity feet of the nearest rail of a railroad crossing, except when stopped for &;1 apprcaching or passing railroad train in compliance with Section 1, Q of this chapter, (8) Wit;11n twenty (20) feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventy-fi7e (75) feet of said entrance. (9) Along side or opposite any street excavation or obstruction when stopping, standin~, or parking would obstruct traffic. (10) On the roadway side of any vehicle stopped or parked at the edge or curt of the roadway, (ll) Upon any bridge or othel" elevated structure upon a street or highway or within a street or highway tunnel. (12) Any place where official signs prohitit parking. 92(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or Hway from a curb such distance as is unlawful. 92(c) (1) It shall he unlawful for any person to park or cause to be parked any motor vehicle in the private parking place of any other person, firm, or corporation v/ithout the expressed permission of such person, firm, or corporation if such private parking place has been signed, posted, or other- wise clearly designated as a private parking place. (2) It snaIl be unlawful for any person to park or cause to be parked any motor vehicle at SUC:1 place or in such position as would block the way of ingress or egress of a motor vehicle to any private parking place owned or controlled ty any pel"BOn, firm or corporE tEon. .- 28 - ~"~ ~- (3) In the event of any violation of this subsection, and upon the written request of the rightful owner or lessee of said off-street private parking place, any vehicle parked in off-street facilities without the per- mission of the owner, or any vehicle trocking the ingress and egress of motor vehicles to and from private parking places shall be impounded by the city and the vehicle towed to an approved storage facility where it shall be retained until the owner pays the towing charges. If not reclaimed within three (3) months, the provisions of Section 14.168 (c) shall apply. Eefore any such vehicle is impounded, the police may require of the per- son requesting impoundment, an affidavit that said person is rightfully in control of the parking place in question and holding the city harmless for any loss or damage growing out of said impoundment. Section 9.93 Parking Not To Obstruct Traffic: No person shall park any vehicle upon a street or highway, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet from the center line of such roadway for the free movement of vehicular traffic. Section 9. 94 Parking In Alleys: 94(a) No person shall park a vehicle within an alley in the central business traffic district or any business district except for the expeditious loading or un- loading of freight or materials and then the vehicle shall be parked in such manner or under such conditions as to leave available not less than ten (10) feet of the width of the alley for the free movement of vehicular traffic. 94(b) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the alley for the free movement of vehicular traffic. 94(c) No person shall stop, stand, or park a vehicle within an alley in such position as to tlock the driveway entrance to any abutting property. 94(d) No person shall stop, stand, or park within au alley in such a position as to block the movement of traffic through the alley. Section 9.95 Parking For Certain Purposes Prohibited: 95(a) No person shall park a vehicle upon a roadway for the purpose of: (1) Commercial advertising. - .?9 - r (2) Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. 95(b) No dealer in vehicles shall park any vehicle which is for sale or which is held for sale upon any street or roadway, unless such vehicle is then attended by an operator. Section 9.96 Parking Adjacent To Schools: 96(a) The Chief of Police is hereby authorized to erect signs indicating no parking upon either or both sides of any street or highway adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. 96(b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. Section 9.97 Parking Prohibited on Narrow Streets or Highways: 97(a) The Chief of Police is hereby authorized to erect signs indicating no parking upon any street or highway when the width of the roadway does not exceed twenty-six (26) feet, or upon one side of a street or highway as indicated by such signs when the width of the roadway does not exceed thirty-five )35) feet. 97(b) vVhen official signs prohibiting parking are erected upon narrow streets or highway as authorized herein, no person shall park a vehicle upon any such street or highway in violation of any such sign. Section 9.98 Standing or Parking on One-Way Streets or Thorofares: The Chief of Police is authorized to erect signs upon the left-hand side of any one-way street or highway to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign. Section 9.99 Stopping, Standing, or Parking Near Hazardous or Congested Places: 99(a) The Chief of Police is hereby authorized to determine and designate by proper signs, places in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. 99(b) Vlhen official signs are erected at hazardous or congested places as - 30 - r authorized herein no person shall stop, stand, or park a vehicle in any such designated place. Section 9.100 Parking Prohibited During Certain Hours: lOO(a) The public works department supervisor is hereby authorized to deter- mine and designate by proper signs, places in which stopping, standing, or parldng of vehicles during certain hours of the day would create a hazardous condition or would cause unusual delay to traffic. lOO(b) Vvhen signs are placed on streets prohibiting parking of vehicles during snow removal or clearing operations, no person should park any vehicle in closed or restricted area, and any vehicle found so parked shall be impounded. 100(c) When official signs prohibiting parking during certain hours of the day are erected as authorized, no person shall stop, stand, or park a vehicle in any such designated place. Section 9.101 Parking Prohibited Over Twenty-Four Hours: 10l(a) When parking is restricted to twenty-four (24) hours limit, signs shall be placed in the following manner: (1) Residential Districts: One (1) sign on each side of street in each block. (2) Business District: From Railway Avenue north to Washington Street (on Fourth Avenue), one (1) sign on each side of street; from Washington Street north to Jefferson Street (on Fourth Avenue), two (2) signs on each side of the Avenue in each block. Section 9.102 'Parking of Trailers Restricted: 102(a) No trailer shall be parked on any street or highway of this city for a longer period than one (1) hour at anyone time. 102(b) The Chief of Police may designate streets in the central business traffic district on which no trailer shall be stopped, parked, or allowed to stand between the hours of six o'clock a. m., and six o'clock p. m. Section 9.103 Parking of Trucks in Excess of One Ton on Certain Streets Prohibited: 103(a) No vehicles in excess of one (1) ton capacity shall be parked on Fourth Avenue between Railway Avenue and Adams Street. - 31 - I l03(b) Section 9-103(a) shall not apply when vehicle is in process of loading or unloading merchandise" Section 9.104 Regulations Not Exclusive: The provisions of this article imposing a time limit on parking shall not re- lieve 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. Section 9.105 Application of 111is 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. AR TICLE X - STOPPING FOR LOADING OR UNLOADING: Section 10.106 Public Carrier Stops and Stands: The Chief of Police is hereby authorized to establish bus stops, taxicab stands, and stands for other passenger common carrier motor vehicles on such public streets or highways in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, taxicab stand, or other stand shall be designated by appropriate signs. Section 10-107 Stopping, Standing, and Parking of Buses and Taxicabs: 107(a) The driver of a bus shall not stand or park such vehicle upon any street or highway at any place other than a bus stop so designated as provided herein. I07(b) The driver of a bus shall not stop such vehicle upon any street or highway at any place for the purpose of loading or unloading passengers other than any bus stop or passenger loading zone so designated as provided herein, except in case of an emergency. 107(c) The driver of a bus shall enter a bus stop or passenger loading zone of a public street or highway in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel - 32 - r of such vehicle not fUCi.her 'Llc.::.m eighteen (18) inches from the curb and the bus appro:dmately pdi^c,nel tJ t;iC cu::'b so as not to unduly impede the movement of other vehku18,1~ t-:c~^u.:;:ico 107(d) The (h'::,~7~r of 8, t',~::icab shaH not stand or park such vehicle upon any stieet 02" l1:':;l:",-.'o:Y 8.2 CL'} [;lDSC) o,he:r (han in a taxicab stand so designated as pro- vided her8in" Thi3 p:,:o',^ldcl1 sliaU not prevent the driver of a taxicab from tempor- arily stopping in accOl'danse with odler stopping or parking regulations at any place for the PU::P::'J8 0; 8'.;,c1 while actually engaged in the expeditious loading and unloading of pacs\:n::;cnl, Section 10.108 Rc3tr~~~ted Use of Bus Stops and Taxicab Stands: No person shaH t::tup, stand, or park a vehicle other than a bus in a bus stop or other than a taxicab :.n a taxicab stand when any such stop or stand has been officially designated reed appropriately signed. ARTICLE XI - REGULATING THE KINDS AND CLASSES OF TRAFFIC: Section 11. lo;l 'Ni.dth 0;: \i ~ilic1e;:;: No vehicle operat:i.:lg on Cle streets or highways within this city shall exceed a total width of eight (S} feet, includii1g the load, except that the limitation as to size of vehicle ch1".lJ nc~ e..pp1j to road machinery while engaged in the construction or maintenance or street::) 0:( &'Jeys. Section l1.EO r-I,=lr,:,ht_cf.'hllicles: No vehicle oper8.tin3 eil t~l(:'; streets or highways within this city with or without load, shall exceed a heig)t cf fourteen feet six inches. (14 ft. , 6 in. ) Section 11 0 111 Ler:;'Tt1'! (vI: U"'hl"C1",,,," J.~:L:_:"~':'.---=~ No ve~lk!.e incluc~In.?; any load thereon, operating on the streets or highways within this city shall ha'le a greater length than thirty-five (35) feet and no com- bination of cOlnected vc:1tcles shall have an overall length of more than sixty (60) feet nor sha.H such corr:b:,u'l1'lon consist of more than three (3) units. Section 11. 112 Length cf Loads: 112(a.) Subject to Section 11. 111 limiting the length of vehicles and loads, the load upon any vehicle operatIng alone, or the load upon the front vehicle of a com- bination or 'l'OhIcles, shaH not ext:end more than three (3) feet beyond the foremost part of such vehicles. .. 33 - r 112(b) The load upon any motor vehicle operating alone or the load upon the rear vehicle of a combination of vehicles, shall not extend more than six (6) feet beyond the rear oi the bed or body of such vehicle. 112(c) The limitations as to the length of vehicles and loads heretofore stated in Section 1.111 and Section 10 11?, shall not apply to any load upon a pole trailer when transporting poles or pipes or structural material which cannot be dis- membered, provided no pole or pipe or other material exceeding eighty (80) feet in length shall be so transported unless a permit has first been obtained as authorized in Section 1.114, Section 11.113 Weight of Vehicles: 113(a) The term "gross weight" as used in this section means the combined weight of the vehicle and its load. No vehicle or combination of vehicles shall exceed the following gross weights: (1) No single axle shall exceed eighteen thousand (18,000) pounds and no motor vehicle equipped with pneumatic tires shall have a load ex- ceeding five hundred (500) pounds per inch in diameter of such tires, nor shall any vehicle equipped with solid rubber or steel tires have a load in excess of four hundred (400) pounds per inch in width of such tires, but no solid rubber or steel tires shall be used on a paved road. (2) No vehicle equipped with two (2) axles shall have a gross weight of more than twenty-nine thousand (29,000) pounds, nor shall either axle support a weight of more than eighteen (18,000) pounds. (3) For a single vehicle with three (3) axles, having dual rear axles not less than three feet, six inches (3' 6') apart, a gross weight of not more than forty-three thousand (43,000) pounds is permitted, but neither rear axle shall support a weight of more than sixteen thousand (16,000) pounds. (4) Where single axle semi -trailer is attached to another vehicle with two (2) axles and the distance between the axle of the trailer and the nearest axle of the other vehicle is not less than fourteen (14) feet, a gross weight of not more than forty-seven thousand (47,000) pounds is permitted for the combined vehicle, - 34 - t- (5) \iVhere a single axle semi -trailer is attached to another vehicle with three (3) axles ha\7in;;; dual rear axles not less than three (3) feet, six (6) inches apart, and the dist:.mce betvleen the axle of the trailer and the near- est axle of the other "E,~1icle is fiat less t.han fourteen (ILl) feet, a maximum gross weight of ilC'c mo:::c than sixty-one thousand (61,000) pounds is permitted for the combined vehi.c~es, cut neither of the two (2) rear axles of the other vehicle shall support a ':;eight of more than sixteen thousand (16,000) pounds. (6) 'NheTe a double [C:;{le semi-trailer with axles not less than three (3) feet, six (6) inches o.part is attached to another vehicle with two (2) axles, and the distance between the front axle of the trailer and the rear axle of the ot~1er vel1:i.cle is not less than fourteen (14) feet, the maximum gross weight permitted is sixty-one thomand (61,000) pounds but neither axle of the trailer shall support a weight of more than sixteen thousand (16,000) pounds. (7) For a trailer having two (2) axles not less than twelve (12) feet apart and where the front axle of the trailer Is not less than eight (8) feet from the rear axle of the other ".rehicle, the gross weight upon either axle or such traileT shall not exceed eighteen thousand (18,000) pounds, and the gross weight of me trailer shall not exceed thirty- six thousand (36,000) pounds 0 (8) For a traUer ha'ling three (3) axles with a distance of not less than three (3) feet, six (6) inches between the two (2) rear axles and a distance of not less than twenty-two (22) feet between the front axle and the foremost rear a~de, the maximum gross weight permitted is fifty thousand (50,000) but neither rear. axle of the trailer shall support weight of more than sixteen thoucand (16,000) pounds. (9) When a double axle semi -trailer with axles not less than three (3) feet, six (6) inches r:.part is attached to another vehicle with three (3) axles with the rear axles not less than three (3) feet, six (6) inches apart, and if the distance bet\'le,~n the front axle of the trailer and the rear axle of the other vehicle is not less than fourteen (14) feet, the maximum gross weight permitted shall Dot exceed seventy-five thousand (75,000) pounds, - 35 - r but no one of the double axles shall support a weight of more than sixteen thousand (16, 000) pounds 0 (10) No tractor \7eigi-ling more than sixteen (16) tons shall cross any highway bridge within th!,:: city. 113(b) According to the p:'ovisions of this ordinance and attached hereto as specified, the vehicle 1OJ.01113 chart 1.;3 hereby adopted by reference and made a portion hereof 0 113(c) The above and foregoing weight limit~Hions notwithstanding, no vehicle shall be operated on, along, or over the streets of the City of Seward with a weight per square inch greater than that permitted by the Alaska State Department of Highways under existing general or specified road restrictions due to seasonal weather or climatic conditions. Section 11, 114 Permits for Oversize or Overweight Vehicles: 114(a) The City Manager may, upon application, as provided in Section 1.115 of this article, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight, or load exceeding the maximum size or gross weight specified in this article on any public street or highway in this city, subject to the following terms and conditions: (1) Such vehicles may not be operated on any arterial street between seven o'clock a. n1. and nine o'clock a. m" and between three o'clock p. m. and six o'clock p. m. , aT in the central business traffic district between six o'clock a. m, and eleven o'clock p, mo No permits shall be issued for vehicle movement on any Saturday, Sunday, or holiday. (2) Such vehicles may be operated only on streets or highways where the pavement is capable of carrying the weight and equipment with- out injury to such pavement, and along such routes as will least interfere with or endanger other users of the streets. (3) No vehicle shall be operated which has a weight including load of over six hundred (600) pounds per inch width of tires. (4) Vehicles including load, that are over-width shall have displayed across the rear, red flags during the day and red lights during the hours of darkness, at the extreme limits of the width of vehicle or 1oado Vehicles - 36 -. r I ! including load, that are over-length shall have displayed during the hours of darkness red lights along the sides not over eight feet apart. (5) A pilot car shall be provided with all vehicles or loads more than ten (10) feet in width. The pilot car must have a sign reading "Wide Load Following" 0 111e sign shall be on a white background with red letters at least six (6) inches high. It shall be a violation of this chapter for cars to display such a sign when not actually engaged in escorting a wide load. (6) Police escort shall be requ:i.red for all vehicles or loads twelve (12) feet or more in width. 114(b) 3very 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 other authorized agent or the city, and no person shall violate any of the terms or conditions of such permit. 114(c) Any permit issued by the State of Alaska for an over-weight vehicle will be honored by the city only while such vehicle is operated on a designated state highway and such vehicle is in compliance with all restrictions imposed by the permit and with all size limitations set forth in this code. Section 11.115 Applications For Permits: 115(a) The permits referred to in Section 11. 114 may be obtained from the City Manager upon written application therefor, setting forth a description of the object to be transported or the vehicle or vehicles to be driven, the route desired to be traversed, the hours within which it is desired to perform the work, the means of locomotion to be used, and such other information as may be required. The applicant may be required, as a condition to the issuance of the permit, to execute and deliver to this city a good and sufficient surety or cash bond in the sum of one thousand (1,000) dollars conditioned to save the city harmless from all injuries which may be occasioned by reason of the granting of such permit, or the use of any public street or highway thereunder, or of any act or omission; provided, the issuance of such permit shall not be construed as a waiver of the right of the city to recover for any injury to the street or highway or other property of the city resulting from transport9tion pursuant thereto. - 37 - r 115(b) The applicant will be charged for all costs incurred by the moving of power lines, telephone lines, traffic signals, and other obstructions within the right-of-way. A cash deposit may be required to assure payment for these services. 115(c) The Chief of Police is hereby authorized to modify the terms and con- ditions set forth in the foregoing section, and to specify in such permits the routes to be traversed, the hours of operation, and such other limitations which in his opinion are required for the public convenience and safety. Section 11.116 Fees For Permits: No fee for permits as provided in this article shall be required, except in those cases where escort vehicles must be provided by this city or additional in- spections are required, and then in that event, the city manager is authorized to set a fee which, in his discretion, shall be sufficient to reimburse this city for its expenses. Section 11.117 Load Restrictions on Certain Streets and Thorofares: The public works department supervisor with the advice of the city manager, is hereby authorized to determine and designate those streets or highways upon which vehicles of a gross weight permitted in Section 1. 113 would create a hazard or cause undue damage to the roadway and shall erect appropriate signs stating the reduced gross weight permitted on such designated streets. When ;signs are so erected giving notice thereof, no person shall disobey the restrictions stated in such signs. Section 11.118 Projections on Wheels or Tracks Prohibited: No person shall drive or propel any vehicle or object upon any street or high- way in this city which shall have any wheel tire or track made or equipped with spikes, cleats, lugs or other attachments or projections, except tire chains. No person shall drive or propel any vehicle or object upon any paved street or alley which shall have any steel wheel or track, without first providing adequate protection to the pavement and obtaining the approval of the city manager.; Section 11. 119 Dragging Obj ects Prohibited: No person shall drag or haul any timber, pipe, or any other material or object along or over any street or highway in this city in such manner that a portion of such object shall rest upon or come in contact with the surface of such street or highway, 0- 38 - r Section 11.12,0 SpiHing LCdds Prohibited: No vehicle Ghcdl be d:-iven OT moved on any street or highway unless such vehicle is so C011GtT\Jsi:ecl 0::" Io&ded as to prevent "'.ny of its contents or load other than clear water from droPl;:"TZ:;, stiti.i1g, lealdng 0:( otherwise escaping therefrom. Section 110 121 Proj ~cdng Loads on Passenger Vehicles: No passenge.!.- type vellL::::i~ shall Le operated on any street or highway with any load carried thereoi1 extending bC'_yond the line of the hut caps on its left side or more than six (6) inchs3 be~'oild t11e Hne or the hub caps on its right side. Section 11. ~22 Trap3poT~?:t\~m of Explosives Vvithin the Corporate City Limits: No person, firm, comj::any 0::'" corporation shall move explosives through the City of Seward unless [1. perrnit has been secured. In case explosives are moved through the city, the persoa, fl:tm, company or corporation moving same shall have a vehicle on which explosives are being transported, clearly marked .. EXPLOS IV2S" and he shall notify the Chief of Police and the Fire Chief when such explosives are to be tr::mi::portedo The Chief of Police and the Fire Chief shall assist in moving of any cxp:_o3ives by clearing a route which shall have been designated by the Chi.ef of PoHcr:;. The mover of any explosives through the city shall make arran~ementG fa:: such transportation not less than forty-eight (48) hours in advanceo AR TICLE XU - VE;tIICJ.:-,E~_L~m3qUIPlViENT: Section 120 123 Licellse Pic. t8 Attached to Vehicle: No vehicle shaH be d:ri'ien or parked upon the streets or highways of this city unless its license pl"te:: for the current year are attached to the vehicle in the manner provided by state law, and, in addition thereto, the said license plates are clean and legIble. Section 12.124 Times Wlien Lamps and Lighting Devices To Be Lighted: l24(a) 3ver:' V8;1'_c2e ':pOi1 a street or highway at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to rende:r cle::rly discernible any person or vehicle on the street or highway at a eli_staile,;) c:' two hundred (200) feet shall be equipped with lighted lamps and lighting de'l.iceE1 2-S respectively provided in this chapter for different - 39 - r clC1sses oJ. i/ehicles subject t,) the exceptions set forth in this article. 124(b) Whene7e,: :requirem8nt is hereinafter declared as to the distance from which certain lamps ~md de/iced shdl re~1der a person or vehicle visible or within which such lamps or d.~'fi.ce3 shall b8 visitle, said provisions shall apply during the times stated I,;. Subdtvlsicl1 (c-.) of this sectie>n directly ahead upon a straight level unlighted stre;:;t or highway under normal atmospheric conditions unless a different time, direction" or COE::!:~,:~.cn is e:cprc3s1y stated" Section 12.125 Head I.:'~T:;'?S on Motor Vehicles: 3very motor vehicle other than a motorcycle, at the times specified in Section 1.124 hereof, shall te equipped wi1:h two or four lighted head lamps mounted an opposite sides of the front 01 said vehicle, and they must be located directly above or in advance of the front a;de of said vehicleo Vehicles having four head lamps will have no more than two on either side of the vehicle mounted laterally. Said head lamps shall be located at 8. height measured from the center of the head lamps of not more than fi:!'ty-fou:- (54) inches, nor less than twenty-eight (28) inches above the level surface UpO>1 whj.ch said vehicle stands. Section 12.126 Head Lamps on Motorcycles: Every motorcycle at the times specified in Section 1.124 hereof, shall be equipped with at least one and not more than two lighted head lamps which shall conform to the requLcemeni:s and limitations of this article. Section 12.127 R ear Lamps: 127 (a) Bvery motoT vehicle and every vehicle which is being drawn at the end of a combination of vehicles at the time specified in Section 12.124 hereof shall be equipped with one or more lighted rear lamps exhibiting red light plainly visible from a distance of five hundred (500) feet to the rear. 127(b) 3ither such a :rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear license plate and render it clearly legtble from a dist:l.i1ce of fifty (50) to the rear. When the rear license plate is illuminated by a la.mp other than a required rear lamp, said two lamps shall be turned m. and c::f only by o.:he same control switch at all times and the light source of the addit:i.ona11amD sInH have <_ minimum of three (3) standard candle power and a maxhnum of nft :en (15) standard candle power. - 1'.1' - .v r 1 27(c) .~very red rear lamp upon a vehicle shall be equipped with a red glass lense not less than two and seven-eights in diameter or six and one-half square inches in area and the light source shall not be less than three nor more than fifteen standard candle power and the voltage of any socket of light source shall not be less than eighty-five per cent of the design voltage of the battery supplying the current to such light source. Section 12.128 Lamp or Flag on Projecting Load: 128(a) lNhenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or booy of such vehicle, there shall be displayed at the extreme end of the load at the times specified in Section 12.124 hereof, in addition to the required rear light, two (2) red lights plainly visible under normal atmos- pheric conditions from a distance of at least five hundred (500) feet to the sides and rear. At any other time there shaH be displayed at the extreme end of such load a red flag or cloth not less than sixteen (16) inches square. l28(b) No lamp on any load as required by this Section shall project a light of more than four (4) apparent candle power. Section 12.129 Fog Lamps: l29(a) Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted upon the front below the level of the centers of the head lamps. Said fog lamps shall be located at a height measured from the centers of such lamps of not less than sixteen (16) inches above the level surface upon which the vehicle stands. l29(b) Fog lamps shall not be used in substitution of head lamps, except under conditions of rain or fog rendering disadvantageous the use of head lamps. 129(c) Whenever fog lamps are used in substitution of head lamps as permitted herein, then two (2) such fog lamps mounted on opposite sides of the front of the vehicle must be lighted. l29(d) Every fog lamp used upon a motor vehicle shall be so adjusted and aimed that no part of this high intensity portion of the beam shall, at a distance of twenty-five (?5) feet, rise above the horizontal plane passing through the center of the lamp. Section 12.130 Spotlights: No person shall use a spot light on a vehicle while the vehicle is in motion. - 41 - Section 12.131 Stop Signal Lamp: 3very motor vehicle shall be equipped with a stop lamp on the rear which shall emit a red or amber light and which shall be actuated upon application of the service (foot) brake and which may, but need not be, incorporated with a tail lamp. Such stop signal shall be plainly visible from a distance of one hundred (100) feet to the rear, both during normal sunlight and during the hours of darkness. Section 12.132 Regulati.ons Governing The Color of Lights: 132(a) The following regulations shall apply to the color of lights upon a vehicle operated upon any of the streets or highways in this city: (1) All lights visible from the front of a vehicle, other than a clear- ance, or identification or signal lamp or signal device, shall be white or amber, except that an authorized emergency vehicle may display a red light. (2) All lights visible from the rear of a vehicle, other than the light illuminating the rear license plate, and the light from a clearance or backup lamp or signa3. lamp or signal device thereon, shall be,red. (3) Public utility repair vehicles necessarily parked other than adjacent to the curb in a roadway for purposes of repairing public utility services, may be equipped with red lights displayed to the front, sides and rear, but these lights shall not be lighted when the vehicle is in motion. Section 12.133 Multiple Beam Lighting Equipment: 133(a) :~xcept as hereinafter provided, the head lamps on motor vehicles at the times mentioned shall be so arranged that the driver may select at will between distributions of light projected to different elevations, subject to the following requirements and limitations: (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of cuch intensity as to reveal persons and vehicles at a distance of at least three hundred and fifty (350) feet ahead for all conditions of loading under normal atmospheric conditions. The maxi- mum intensity of this uppermost distribution of light or composit beam within one degree of arc or more above the horizontal level of the lamps - 42 - r i , I when the vehicle is not loaded shall not exceed eight thousand (8,000) apparent candle power, and at no other point of the distribution of light or composite beam shall there be an intensity of more than seventy-five (75,080) thousand apparent candlepower. (2) There shall be a lovvermost distribution of light or composite beam so aimed that: (2a) When the vehicle is not loaded, none of the high inten- sity portion of the light which is directed to the left of the pro- longation of the extreem left side of the vehicle shall, at a distance of twenty-five (.25) ahead, project higher than a level of eight (8) inches below the center of the lamp from which it comes. (2b) When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five (25) feet ahead, project higher than a level of three (3) inches below the level of the center of the lamp from which it COines. (2c) In no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. 132(b) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with subsection a(2) of this section except when arranged in accordance with the practice specified in subsection (w) of this section. 132(c) All road beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least one hundred (100) feet ahead under normal atmospheric conditions. 132(d) 3very motor vehicle which has multiple beam road lighting equipment shall be equipped with a beam indicator which shall be lighted whenever the upper- ~ost distribution of the light from the head lamps is in use, and shall not otherwise ,.t'.-.r:':_' ..' -f3 - r te lighted. Said indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped. Section 12.134 Use of Multiple Beam Lighting 2quipment: 134(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto, during the times herein specified, the driver shall use a distri- bution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations. 134(b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than a level of eight (8) inches below the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty- two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead. Section 12.135 Brakes: 135(a) No person shall operate on any street or highway any motor vehicle or combination of motor vehicles and other vehicles or vehicles of a type subject to registration under the laws of the State of Alaska unless such motor vehicle and each unit of any such combination of vehicles is equipped with brakes adequate to bring such motor vehicle or combination of vehicles to a complete stop when operated upon dry asphalt or concrete pavement surface where the grade does not exceed one per cent at the speed set forth in the following table within the distance set opposite such speeds: Miles per hour 10 15 20 25 30 Stopping distance 9.3 feet 20.8 37.0 58.0 83.3 - 44 .. r Miles per hour 35 40 Stopping distance 113. C feet 148.0 188.0 45 135(b) If a vehicle is equipped with more than one system of brakes, each shall be maintained in good working order. 135(c) Any vehicle which does not meet the requirements of this section may be moved only after receiving a special permit issued by the Chief of Police. Section 12.136 Horns or Warning Signals: 136(a) 3.very motor vehicle when operated upon a street or highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn shall emit an unreasonable loud or harsh sound. 136(t) The driver of a motor vehicle, when reasonable necessary to insure safe operation, shall give audible warning with his horn. Such horn shall not other- wise be used. 136(c) No vehicle shall be equipped nor shall any person use upon a vehicle any siren except as otherwise permitted in this subsection. Any authorized emergency vehicle may be equipped with a siren of the type approved by the police department. but such siren shall not be used except when such vehicle is operated in response to an emergency call or when responding to a fire alarm or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians or other drivers of the approach thereof. Section 12.137 Mufflers: Any motor vehicle shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muller or exhaust system shall be equipped with a cut-out, by-pass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner whichw ill amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally designed and installed by the manufacturer or the vehicle. A muffler is a device consisting ,r a series of chambers of baffle plates, or other .. 45 - I mechanical design, for the purpose of receiving exhaust gas from an internal com- bustion engine, and effective in reducing noise. All exhaust pipes shall be parallel to the ground and vehicle, or vertical, and if vertical, the exhaust from such pipes shall not te directed to the side of the vehicle. Section 12.138 Gases and Fumes: The cab of any motor vehicle shall be reasonably tight against the penetration of gases and fumes from the engine or exhaust system. The exhaust system, in- cluding the manifold, muffler, and exhaust pipes shall be so constructed as to be capable of being maintained and shall be maintained in a reasonably gas tight condition. Section 12.139 Mirrors: Any motor vehicle which is so constructed or loaded, or when towing any vehicle which is so constructed or loaded, as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle under normal atmospheric conditions. Section 12.140 Windshields: Every passenger type vehicle, other than amotorcycle, and every motor truck or truck-tractor, and every fire truck, fire engine or other fire apparatus, shall be equipped with an adequate windshield. Section 12.141 Safety Glass Required: 141(a) No motor vehicle, except motorcycles, shall be operated unless such motor vehicle is equipped with safety glass of a type approved ty the vehicle's manufacturer where ever such glass or glazing materials is normally used in partitions, doors, windows, windshields, or wind deflectors. 141(b) The term safety glass as used in this article shall be construed as meaning glass, or glazing material, so manufactured, fabricated, or treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from external sources or by glass or glazing material when the same is cracked or broken. 141(c) It shall be violation of this article for any person to replace any glass or glazing materials used in partitions, doors, windows, windshields, or ;wind - 46 - d,,-,~lectc::m in EIW mote:: VCll:\.;}e vl~th any mat€.~ie.l other t.;aa sefety gleSfJ or a type cpp::-oved by tIle ",,"C:l:~C:.'~':3 m3.nU:~2~ctu:~e:r ~ Se:::::tioa 120142 Se;.f:.'::?8:Lc.tlDg Windsh1~;1<!.Wipe;:-s: J:j'''e-~y moto"" v"t.,';~l'" e-'c"I~'- m""~c'-cyclp'''' 0"",-,.",0"0,...,. 0" a s......"."t ,..... t.,,,,,'''wa'T .ll.,Jv..t. .... 1V.i....l.....t..........__, ~.t:. 'C;Jt. v....... Jl.....o, r-......."'..L.\!:.U~.. ',..J."",~ V~ 1.1..:;.:.. v ~'1<>'1 b"" c-'quJp'~-"d '''I~;'''<1 '" e'''''l'''On,'''''''o..;..,...,. "'1"1u'",ti1'1""ld '''l'P''"'''' l'ns..nll--" "}.'~'''''''-'''l,..tl.,.lr:l'' 01 .........._ _ .. s..J\i' '," ","~.l. \..0. uC_ t"'........:. Cl.\..'i.l..o Y\I,L .... ...~_ 'VII -' ,''':' .& j:".(A. t;.U U..""'.lI. '\.,;._;1. ,,~...oiI._.& shall be maint2.incd in good operctin:; condition. Any windeh!.31d wiper as required h"'-e'n "0 be ~n'7"',,11"r' r,"' -. \'''''~l'cle """"11 p"o'-ia'e c1,-o-o.- ,..;'.".0.... C'll'--inry "err sno"," ~.il. ... L .!.... i.?U:..i.~ C..U U.l! c. ,,-.il. uL...-.........". ..\.v'-...... ~ ....t.:>..;..." "JL...... (5..... u' VY,. or rain. This sectio:1 0112.11 not apply to S110"'" remo-ial equ:pment equip?ed with adequate manually cl.)ei'uted vllndshieJ.d wipers. Every new motor vehicle first registered after Decembe::.' 31, 1949, e;~cept motorcycles, shall be equipped with two such windshie!.d "i,ips:,:, 3 , O:n8 mounted en the rigat hdf and one (Xi li:e left half of the windshield, wMch ".'1111ers shall be capable of operation at all times and under all conditions, Section 12.143 Defective Windshie~js and R~.r Windo'!/S Prohibited: . , '" --- It shall be unla'.'riul to operate ;;n7 motor vehicle upon n street or h:.ghway wiGl~n this city when the wir.d3hic1d 0,: rear windo7J is in such a defective condition "'" to' p~ -1 . tht;> d !. "'~ '" ~ c'i "';',.. t fo', ,,,-~ ,,~ - ~.., 1m c-.J: _, .rrv",.. '" V.l,o-.on \., ,Lae... 0 ",6 L...O", or rea",. SeetIo:l 12,144 S""''''''.'''''g t",,,,, "'mb'" n"~r"'~ A'.L';C'"lme-.' "nd Body Con,..s,lOtl"ono ~"",__'.L ...U ._~~~_.=-J...J.,*.!!.2:~~'-..,:,--=-.._:-~~~~_..-::':~":"'="-':- ..'"; - . Any vehicle Olxo::Flterl on the streetc or highways nhich C8S any undue loose- l":'!'l!" c" f"o""t '..'....e,.".c 0"- """'r-..~iD7 "'QC'''"l'U'O'Y -'l~"'~ch may co.'......ibtlf"e "LO "''''''y Ilo",..,4'e con- ...v....._, ... .L 4... ~"..~ ..,_0 L. P i.,.,...__ "- -<:JI c..;;.~....o..... 1. -t .. ....'. 1 1..i.,Jl. _.. ..........1 L~O'J. .. . , ,1 . 'bl d ~. ,. 1 n" h 1d G:.:::;.on or any otaer vun' .,3 ., ;""cctnB meci~qm.cr... cmlult!C:1 tJ: at wou~ cause a di.fficu!t or u:Ice:rtr:in ste:::::5.D;:;, or ~;my vehid.e having any visible unreasonable amount of mic2Y,g'1ment to t:le f:rO:lt OT rear wheels, or any veb.i.cle hnving any un::8CC3r:<::n-y 8l1arp mc~:::J.Ec p::otuh5T2.nCeS which may er..danger pcdestrYtns, or any vehicle having r:ay fe'1ders aT other equipment removed wh:lch wotC.d encc:nger t.'1e operate:::- 0-: O~:10:"8 Sl.lall cmlGtitu~e a vio~ation of th~,s section, S~::i.O:1 12.145 ---- Shut-gf! Vc}.vcs on V~~!dss Carryin3 D3n~.erous S'lbst8.nces: 1-10 P"...."'''''l ...1-.,,11 t-."t."....o-t --'"y c",.,),,,,,,,'1V~ "'''b...~-,.,c''' "n"""m....."'b'0 ~.'ql1~A h""ing _.......I_~'-'lI. ~_L.:..'.. l...'Lc. .......:1". .:... ~;...:.' .....~ ..:."U:JH.... .::>.... JJ .".t _, ... L\(... ,LJ.,i.... ~,_"..J, "t.:' c.v a fla"h po,..,t oil' n'11"'"'Y c1"a-:-,.,,,,n F"h""'l''''e't "'" ba' -'-'I l;qt''''"~;ed pe.....oleum C!'n~ 0'" i ~L J _~.&.1 .... .:..__,..,.~ ....~0.... c....J~ '~~'l. ~" _.:.;,.1 V.L _.1U"..:!.. ___..1_ ......i. i,J-:J,O, ~ paiso:1.ouc gc.a in a tank t::u.~k, t,:'2.~J.eT 01' 83:ni~ttai1eT vihicl1 io equi:)ped with an exterr,al E:hut-off vab-c un~e3s ti)f~ vGh~c'.e is ~bo equippsd vl1.~;h a shut-off ',alv0 b.13ide eac~l tank, '\7h:ch i13 so constructed :m) placed L~at any damage, displacement, _ ,,'''7 or removal of the ext",:rn::,j cimt-cff valve, whether by accident or otherwise, will not of itself release or cause the escape of any part of ti1e conteats of the tank truck, trailer aT semi -i.T8Her 9 Section 12.146 Membeyg c1 Police Department May Inspect Vehklc3 or Equipment: 146(a) Any member 07 G-le city police dep.:irtment l:c.ving reasonable ca use to believe that any vel1ic!.e 0-;:- combinatioi.1 of vehicle3 is not equipped as required by this chapter aT is in sucil uns2.ft,; condW_oil as to enda,1geT the driver 01' other occupant or any pei"GO,} Upo:1. the highway, may require t:1e driver thereof to stop and submit such vel1icle or combination or vel"'.icl~s to an inspection of toe mechanical condition or equipment thereof, nnd such test vlith reference thereto as may be appropriate. 146(b) In the event that such vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter the officer making the inspection may give such driver a notice of arrest and further require said driver or the owner of the vehicle to produce in court sads- factory evidence that such vehide OT its equipment has been made to conform with the requirements of th:1G chapter. Every officer givi.ng such dIrections or a notice or arrest as c-bove provicJ.ed, shall men a cop; 0:'- otherwise give notice thereof to the owner and any legal owner 07 such vehLcle if other than t;1e driver. 146(c) No pe::80:1 s112.H oP::c:.-r.te QliY vE'.hicle 0::- com1)5.nation of vehi.cles after notice of such unsafe condiHon 0:- that the vehicle is no: equipped as required herein, except as mc-q b3 n~ce3sary to return such vehicle Or combination of vehicles to the re::::fde11ce 0::- pl2.ce of business of the owner or driver or to a garage until said vchi.cle G:ld its eq\.l~pment has be':::n mc-.de to conform vd.th the reouirements of t11~S chaDter. . 146(d) Wheneve:", ti1e driver of a vehicle is directed by a member of this city's police dep:?rtmei1t to stop and submit the mechani.cal condltl.cn of the vehicle or its equ).pment to :::0 insp,~ction or test under th3 conditions st'ltcd in t~1:.3 section, it shall be the duty of such driver to stop and submit to such inspection or test and a failure or refusal to do so shall be deemF.'d a violation of this chapter. Section 12.147 Provisions Apply To All Vehicles: The provisions of. Glis a:nicle which rete::: to equipment of motor vehicles - 48-- r op8rated UPO:1 the streets and h:'.(;hways within this city shall apply to all vehicles, whether publicly o:r prlvatdy owned, when operated upon the streets OT highways including all authorized emergency vehicles, except where specific exemption or n.,- i; ; ~ -'-1 ~~,.. "" t" "-. t t".L 0'1 s.on LS ffid.le t G_a.l.t:,::' ..\;;.J.. e Oc Section 12.1~8 Vio1.ar:J.O:IJ: It shall be unlavliul for any pGrson to drive or move or for the o',vner to cause or knowingly permit to be driven or moved on any street or highway within this city any veIlicle or combimltion or vehicles which does not contain those parts or is not at all times or at those timei:] specifically stated herein, equipped with such lamps and other equipment as are required in this article or for any person to do any act forbidden or fail to perform any act required under this article. Any vehicle operated upon the streets or highways in this city in an unsafe condition will be considered in violation of this article, whether or not specific violation is listed herein. AR TICLE XIII - OPER A nON OF BICYCLES AND PLAY VEHICLES: Section 13.149 Effect of Regulations: 149(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required by these regulations. 149(b) These regulations, applicable to bicycles, shall apply whenever a bicycle is operated upon an~' hIghway, public roadway or alleyway. Sect:m 13,150 T~affic Re?;ulations Applicable to Persons Riding Bicycles: Every person ridi:~,g a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle in these rC:4111ations, excel=! ~s to special rules in this section and except as to those provisions of t,~ese regulaHons which by their nature can have no application. Section 13.151 RidiIlg On Bicycles: 151(a) A person p::"c:)e~Hng a bicycle shall not ride, other than upon or astride, a permanent and regular se3-t attached thereto. 151(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. - 49 - I Section 130152 Clinclng To Vehicles: No person riding upoa arq bicycle, coaster, roller skates, sled or toy vehicle shall attach th3 same or him,~elf to any vehicle upon a roadway. Section 13. 153 Ri~.J.~g On Ho~,d.,'iay: 153(a) 3very persoa op~;::atlng a bicycle upon a r02.dway shall ride as near to the right side 0:( the I'03.dwo..y 8.3 p:racLlcable, exercising due care when passing a standing vel1icle or OZlG proceed.~j:lg in tile Game direction. 153(b) Persous ridinz b;,cycles upon a roadw&y shaH not ride more than two abreast except on part:::: of ::;:'o::dways set aside for the exclusive use of bicycles. 153(c) Wherever Q uSEJ.blc patI1 fa::: bicycles has been provided adjacent to a roadway, bicycle ridci-o s:,'o-Jl use such path and shall not use the roadway. 153(d) Persons 1'1c15ng bicycles in the business district shall use the roadway and shall not ride a bicycle on the sidewalk. Section 13.154 Carr~TJn3 Articles: No person operatips ;;-, bicycle shall carry any package, bundle or article which prevents the driver from keepinG at least one hand upon the handlebars. Section 13.155 Lamps and Othe'i" Equipment on Bicycles: 155(a) 2ve:.:y bicycle, VJ~1e.n in use at night time, sh~ll be equipped with a lamp on the fTcn!: whf.ch shall emit a white light visible from a distance of at least five hundred (500) feet to [be front and vvith a red reflector on the rear, of an appro7ed type wh:'ch sh".ll be vis;He f~("Om all distances fifty (50) to three hundred (300) feet to the rear V:hC~1 directly in front of lawful upper beams of head lamps on a motor vehkle, A lamp emitting a red light visible for a distance of five hundred (500) feet to tho I"Gc).r may be used in addition to the red reflector. 155(b) No person dw.ll operate a bjcycle, unless it is equipped with a bell or other device r:Q=;'~bb 0-;: giving a signal audible for a distance of at least one hundred (100) feet, e~:cept thf'.t a bicycle shall not be equipped with nor shall any pe!'son use UPO:1 a b::.cycle eny Ei::'J:C;n or whistle, 155(c) 3very bicycL: sl~C'.l1 be ec Jippc;d with a brake which will enable the operator to make the bn:.kcd wheels 81 i(l CD dry, level, clean pavement. Section 130 156 Dicycl~3 in the BUSj:l~fS:. D!stric!:: 156(a) A person shaH not p::opel1 a bicycle upon the sidewalks in the business .. ;0.. ~ 156(e) Use of snowmobiles upon streets, sidewalks, parks and other properties: (1) No person shall drive, operate, stop or move a snowmobile upon: (la) A sidewalk (Ib) Street, highway or alley (Ie) Park (ld) Other city owned property (2) The parent of any chHd and the guardian of any ward shall not authorize or knowlingly permit the child or ward to violate any provision of this section. (3) This section shall not apply to a snowmobile operation in or upon a sidewalk, street or highway, arterial park, or other city-owned property designated by the city manager to permit the operation of a snowmobile upon all or any part of the designated area for snowmobiles. (4) As used in this section: (4a) The term "arterial, street, highway or alley" means any street, highway or alley, from property line to property line, officially classified by the city as a "local arterial" on its official street and highway plan. (4b) The term "permitted snowmobile area" shall mean an area designated by the city manager for the operation of snowmobiles or an area in which snowmobiles may be operated upon private or borough, state or federal property without trespass or with the consent of the person owning or in lawful possession of the property. (4c) The term "snowmobile" includes every motor propelled device upon a combination of skis, skids, or tracks, in upon, or by which any person or property is or may be transported, propelled upon a sidewalk, street, highway, alley, park or other city-owned property and expressly includes devices known as "snowmobiles" or "skimobiles" . - SOa - district while riding upon or astride of a bicycle. 156(b) A persoa moving or transporting a bicycle upon the sidewalk of the :Jusiness district shall be d:'.smounted and sh8.ll walk alongside of the bicycle. 156(c) extreme cautioi1 shall be used while riding or moving a bicycle in the busine38 district 2.3 to not to ei1danger persons or property 0 l56(d) Persons clOpping, standing or parking a bicycle in the business district shall use vacant lots when practicable vi. shall park on the sidewalk using caution as to not obstruct the sidcmOO'.lk to pedestrian traffic. ARTICLB XIV - PENALTIES AND PROCEDURE ON ARREST: Section 14,157 Pemltk::s: 157(a) Unless another p2neJty 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 th8.~ Three Hundred ($300) Dollars or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment. 157(b) Up0l1 cOiriictJ.oa for a violation or upon bail forfeiture for reckless driving as stated in Section 7.78 of this ordina:lce; negligent driving as stated in Section 7 c 79 of this ordinance; speeding as stated in Article III of this ordinance; driving under in~luence of intoxicating liquor or narcotic drugs as stated in Section 7.77 of thts ordinance; faiJure to give immediate notice of accident as stated in Section 1,9 of this o::j;.nance; :failure to remain at the scene of an accident as - stated in Sectio~1 1.10 of this ordinance; failure to give information or render aid as stated in Section 1. 11 01 this ordinance; or, operating or permitting the operation of a vehicle in 2.D unsafe condition in violation of Section 12.148 of this ordinance; the munidpal magistrate in addition to the other punishment as pro- vided in this ordinance may forthwith suspend a vehicle operator's license and upon suspension thereof, the municipal magistrate shall notify the state police of such action and send revol~cd license to them as provided by 15-3-4, ACLA 1949. See 15-3-2, 15-5-3, 15-5-3, Old.pter 44 of 1953 Session Laws, Chapter 107 of 1955 Session Laws. Section 14.158 Forms and Recn: ds of Traffic Citations and Arrests: l58(a) The city shall pro': de books to include traffic citation forms for -. 51 - r notifying alleged violators to appear in answer to charges of violating traffic laws and ordinances in the maslGtcate COUTt or this city. Said books shall include serial numbered sets of cital"ioil3 in quadruplicate for violations in the form prescribed and approved jointly by the magtstr&tc and the Chief of Police. 158(b) The dty shall Issue such books to the Chief of Police or his duly appointed agent and ;;~lall maintain record of any book so issued and shall require a written receipt for every such tooke 158(c) The Chief of Police 01" o:he:;: ofiicer designated by the City Manager shall be responsible fo'1." the issuance of such books to individual members of the police department. The Chief of Police or such other officer designated by the City Manager shall require a written receipt for every book so issued and shall maintain a record of c7ery such book. 158(d) The Chief 07. Police shall maintain a record copy of every moving violation of every violator for the current preceding three (3) years. Section 14.159 Procedure of Police Officers: Except when authorized or directed to immediately take a person before a magis- trate for the violation of any traffic laws, a police officer who cites a person for such violation and does not take Buch person into custody under arrest, shall take the name, address, arid operator's Hcense number of said person, the registered number of the motor vehicle involved, and such other pertinent information as may be necessary, and shu.ll iS8ve to him in writing on a form provided by the city, a traffic citation containing a not1ce to post bail and/or to answer to the charge against him in the municipal COtl,~t 01 this city within seven (7) days after such alleged violatf,on to be specified in said citation, unless a longer period be granted by the magistrate. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person, from custody. Section 14.160 Voided Citations for Certain Violators: Police officers are authorized to issue tickets and endorse thereon the word "void" in except1.ond caGeS where, in their opinion, the best interests of justice are hereby se:::-vedo This privilege shall be scrupulously granted and only for such parking violations or vehicle mechanical defect violations where there is no - 52 - deliberate continued or fl,.g:l:ant violation and where there are appearances which indicate that the violation might be unavoidableo Section 14.161 Dispositicn arld Records of Traffic Citations, Warrants, and CompLlint8: 161(a) 3very pc'::.ce rLIcu upon ;.ssuing a trafIic citation to an alleged viola- tor of any provision 0,: 2.ny t:CCl[GC ordinance of this city shall deposit the original and a duplicate cap:! 01 ti1e 11on--moving citatian and the original and one duplicate copy of the moving cHaLlaH ";-llth his immediate superior, who shall cause the same originals and duplicates to be deli'fered to the municipal court of this city 0 161(b) Upon the fHing of such ori.ginal citation in the municipal court of this city as abresaid, Ga'~cl cie;a:.:icn l11.ay be disposed of only by trial in said court or by other official action by 2. judge of said court, including farfeiture of bail or by payment of a fine to the traffic violations bureau of said court. 161(c) The Chief of Police shall require the return to him of each traffic citation and all copies thereof, which has been spoiled or upon which any entry has been made and hc:~s not beea issued to an alleged violator. 161(d) The Chief of Po~ice shall also maintain or cause to be maintained a record of all warrants isrued by the munkipal court of this city on said traffic violatian charges and which are delivered to the police department for service, and of the final disp03ition 02 aU such warrantso 161(e) It shaH be tE"!18S1ful 2.nd o:iiid2.1 misconduct for any member of the police department or other ofiicer or public employee to dispose of, alter, or deface a traffic citEl.tiOT! 0:- any copy thereof, or the records of the issuance or the disposition of c:my trafJ'5.c c:tal.ion, complaint, or warrant, in a manner other than as required in t:1is artkle, Section 14.162 Illegal Cancellation of Traffic Citations: It shn.ll be unla\'1fu! for any person to cancel or solicit the cancellation of any traffic citation in any m~mne',' other than as provided by this article. Section 14.163 When Copy of Citation Sh'111 Be Deemed a Lawful Complaint: In the event the fe,rm o~. citation provided under Section 14.158 includes in- formation and is sworn to as required in respect to a complaint charging commiss- ion of the offense alleged in said cita ion to have been committed, then such . 53 - ~---- I -. citation when filed in the court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter. Section 14.164 Failure to Obey Citation: It shall be unlawful for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation regardless of the dispo- sition of the charge for which such citation was originally issued. . Section 14.165 Citation on Illegally Parked Vehicle: Whenever "ny motor vehicle with,')ut driver is found p'lrked ,')r stopped in viohti8n of any of the restricti::ms imposed ty ordin"'nce of this city, the officer finding such vehicle shall take its registration and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation, on a form provided by the city, for the driver to answer to the charge against him within seven (7) days during the hours and at a place specified in the citation. Section 14.166 Failure to Comply With Traffic Citation Attached to Parked Vehicle: If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances of this city does not appear in response to a traffic citation affix-ed to such motor vehicle within a period of seven (7) days, the cler~c of the municipal court shall send to the owner of the motor vehicle to which the traffic citation was affixed, a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued. Section 14.167 Registered Owner Responsible for Illegal Parking: Every person in whose name a vehicle is registered (licensed) shall be responsible for any parking or angle parking of said vehicle and for all offenses other than moving violations of this chapter. It shall be no defense to such charge that said vehicle was illegally parked or angle parked or used by another unless it be shown that at such time said vehicle was beling used without the consent of the registered (licensed), owner thereof. The foregoing shall apply only when the procedure as prescribed in Sections 14.165 and 14.166 has been followed. Section 14.168 When Warrant To Be Issued: In the event any person fails to comply with a traffic citation given to such - 54 - person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal court, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the clerk of the municipal court shall secure and issue a warrant for his arrest. Section 14.169 Authority to Impound Vehicles, Redemption or Sale of Impounded Vehicles: 169(a) Whenever any vehicle shall be located or is standing upon any street or alley right-of-way in violation of the provisions of this chapter or any rule or regulation adopted pursuant thereto, or whenever any vehicle shall be found to be mechanically unsafe to operate upon the street or alley, or whenever the driver of any vehicle shall be impaired or is taken into custody by an officer for an offense involving either driving while under the influence of intoxicating liquor, reckless driving, negligent driving or any felony, such vehicle may be removed from the city streets or alleys and may be impounded at a place to be designated by the city manager. The police shall, in the proper case and whenever any other provision of the Code of Ordinances is violated, cause a complaint to be filed against the person committing such offense. When the owner or authorized repre- sentative of the owner of said vehicle claims the same, he shall be informed of the nature and circumstances causing the impoundment of such vehicle and to obtain release thereof shall pay all towing and other charges, which charges shall not exceed the following schedule: (1) a minimum towing charge of Ten Dollars ($10.00) will be charged for any vehicle impounded. (2) a storage fee of Two Dollars ($2.00) per day or any fraction thereof shall be charged for any vehicle which remains impounded after the first twenty-four (24) hours. If the operator or owner of the vehicle, upon hearing before the municipal magistrate, is found not guilty of the violation of which he is charged, the impounded vehicle shall be released immediately to the owner without collection of fees or other charges. If the owner or operator of such vehicle is found guilty by the magistrate, any fine imposed under the provisions of the appropriate section of this ordinance shall be in addition to the towing and storage charges herein pre- scribed. . 55 .- r i 169(b) No person shall allow, permit or suffer any vehicle registered in his name to stand or park upon or be operated upon any street in this city in violation of this ordinance or any rule or regulation adopted or issued pursuant thereto. 169(c) After a vehicle has been impounded for more than three (3) months in the city vehicle pound, the Chief of Police shall cause to be sent by registered mail a notice to both the legal and registered owner thereof, if different persons, if with the exercise of due diligence said owner's or owners names can be ascertained. The notice shall accurately describe the vehicle, give the date the vehicle was im- pounded and inform the owner or owners that unless they reclaim the vehicle within ten (10) days from the dispatch thereof, the vehicle shall be sold. Not less than fifteen (15) days after the dispatch of said letter or letters, if said letters can be sent, and in any event even if such letters cannot be sent, the Chief of Police shall cause to be published once in a newspaper of general circulation in the city, a description of the vehicle, the owner's or owners' names, if known, and state the fact that said vehicle and other similar vehicles, similarly described, will be sold at public auction to the highest responsible bidder at a public sale under the direct- ion of the city manager at a specified time and place not less than ten (10) days after the publication of said notice of sale. The Chief of Police shall keep a perman- ent accurate record of all cars impounded, containing date of impounding, descript- tion of vehicle, cause of which impounded, date of redemption if redeemed, and amount paid upon redemption, date of letter to owner or owners, if known, notice of sale, record of sale and price paid at sale and name of purchaser. AR TICLE XV EFF BCT OF CHAPT~H: Section 15.170 Continuation of Present Restrictions: All arterial streets or highways and all Stop streets and highways, all park- ing rules and regulations, parking meter zones, bus stops, passenger and true', curb loading zones, all traffic- controled devices, and all traffic- control signals designated or in force at the time this chapter becomes effective shall continue in full force and effect until the same have been changed or amended in accordance with the provisions of this chapter 0 - 56 - r AR TICLE XVI POSTING AND PUBLICATION: Section 16.171: Publication of this ordinance shall be made by posting a copy hereto for a periro of ten (10) days on the City Hall Bulletin Board, and by publishing notice of the place of posting and a brief statement of the general purpose of this ordinance in a newspaper of general circulation in the City within a reasonable time. THIS ORDINANCE shall be effective ten (10) days following the date of posting. First reading - {l{!I)L! {at1J J?} /? f:, 9 Second reading - flJ"LUQJL-:j /DJ (?e,7 PASSED AND APPROVED by the City Council of The City of Seward, Alaska, this )L/3!i- day of ,1J.;fl/iA O_f?A)- , 1969. ~R.w.~ IR. W. Kirkpatrick Mayor - 57 -