_APRIL 19 1932 ORDINANCES 2 COUNCIL

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50 GENERAL ORDINANCES 197 constructed as to separate its driver from its passengers by a glass partition, and which said vehicle shall be equipped with a mechanical instrument, or device, commonly known as a taxi- meter. (dd) "For -Hire Car."—Shall mean a public passenger vehicle offered for hire, and not conforming to the definition of a taxi- cab or passenger motor bus as herein defined. TITLE 1. OPERATION OV VEHICLES; RULES OI: THE ROAD. Sec. 489(1). Persons under the influence of intoxicat- ing liquor, or narcotic drugs. It shall be unlawful for any person to drive or run any auto- mobile, car, truck, engine, or train while under the influence of intoxicants or narcotic drugs, or any other self-administered in- toxicants of whatsoever nature. If any person violates the pro- visions of this section he shall be guilty of misdemeanor punish- able by a fine of not less than one hundred dollars nor more than one thousand dollars, and imprisoned for not less than thirty days nor more than six months for the first offense, provided the court in a proper case may suspend the jail sentence. Any per- son convicted of a second or subsequent offense under this sec- tion, shall be punishable by a fine of not less than one hundred dollars and not more than one thousand dollars and by impris- onment for not less than sixty days nor more than six months, and no court shall suspend the sentence. The judgment of con- viction for any offense under this section shall of itself operate to deprive him of his right to drive such vehicle or conveyance for a period of one year from the date of such judgment. If any person so convicted shall, during the year, drive any such vehicle or conveyance he shall be fined not more than $100.00 or confined in jail not more than sixty days, or both. The clerks of all courts of this City, or the Judge if there be no clerk, shall within thirty days after final conviction of any person under this section in this court report the fact thereof and the name and address of such person, together with the license 198 CHARLOTTESVILLE CITY CODE plate number on the vehicle operated by such person, to the di- rector of the division of motor vehicles. Sec. 489(2). Reckless driving. Any person who drives a vehicle upon a highway recklessly, or at a speed or in a manner so as to endanger, or be likely to en- danger life, limb or property of any person shall be guilty of reckless driving and punished as provided under subsection sixty-three of this section. Sec. 489(3). Restrictions as to speed. (a) Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater nor less than is reasonable and proper, having due regard to the traffic, sur- face and width of the highway and of any other conditions then existing. And any person who shall drive any vehicle upon a highway at such speed as to endanger the life, limb or property of any person, or so as to unnecessarily block, hinder or retard the orderly and safe use of the highway by those following, shall be prima facie guilty of reckless driving. (b) Subject to the provisions of sub -division (a) of this sub- section and except in those instances where a lower speed is spec- ified in this section, it shall be prima facie lawful for the driver of any vehicle to drive the same at a speed not exceeding the fol- lowing: 1. Fifteen miles an hour when passing a school during recess or while children are going to or leaving school during its open- ing and closing hours, provided, that markers be placed on the highways so as to plainly show the location of such schools. 2. Fifteen miles an hour in a business district, as defined herein. 3. Twenty-five miles an hour in a residence district, as de- fined herein. 4. Forty-five miles an hour under all other conditions. (c) Reckless driving within the meaning of this section shall be deemed to include the following offenses, which are expressly prohibited: 1. Driving a vehicle when not under complete control, or with inadequate or improperly adjusted brakes. GxNERAL ORDINANCES 199 2. Driving to the left of the center of the street, except upon one way streets. 3. Passing or attempting to pass two other vehicles abreast, moving in the same direction. 4. Violating the provisions of the right of way laws, as set out in sub -section nineteen hereof. 5. Failure to give adequate and timely signals of intention to turn or partly turn, slow down or stop. 6. Exceeding a reasonable speed under the circumstances and traffic conditions obtaining at the time. 7. Passing other vehicles going in the same direction while crossing an intersection or while pedestrians are passing or about to pass in front of either of such vehicles. 8. Driving a vehicle out of an alley, lane, or building or across a sidewalk into a street, without first bringing such vehicle to a speed of five miles per hour. 9. Making a left turn without passing the right of the center point of the intersection, unless otherwise marked or indicated, and without first signaling his intention so to turn. 10. Making a right turn without keeping close to the curb, and without first signaling his intention so to turn. Sec. 48 9 (4) . Railroad warning signals must be obeyed. It shall be unlawful for any person driving a vehicle to fail to obey a clearly visible or audible crossing signal at a highway and interurban or steam railway grade crossing which signal gives warning of the immediate approach of a railway train. Sec. 489 (5). Vehicles must slow down at certain steam railway grade crossings. (a) It shall be the duty of every person driving any vehicle on a public highway, on approaching a place where a railway crosses such public highway at grade, at which crossing no rail- way gates are maintained or no flagman is stationed and on duty at the time, to bring his vehicle to a speed not exceeding five miles per hour before passing over such crossing, at a distance of not less than thirty feet, from the nearest rail of such railway tracks. Provided, that such person shall stop at such crossing 200 CHARLOTTESVILLE CITY CODE where gates are maintained when such gates are closed down, or being lowered, and where a flagman is stationed and on duty at the time, whenever, signaled to stop by such flagman. (b) The provisions of this subsection shall not change or alter in any manner the existing laws as to the duty or liability of railway companies for damages to persons or property, and fail - tire to comply with the provisions of this subsection on the part of the driver of the vehicle shall not be considered contributory negligence in an action against the railway company for damage to persons or property, whether the same be injury to the per- son or property of the driver or any other person. And it shall not be necessary to establish the fact that the driver complied with the provisions of this section in order to recover any action for damages to persons or property against a railway company. Sec. 489(6). Speed limit for motor trucks, regulated according to manufacturer's rated capacity and tire equipment. The speed limit for motor trucks shall be based upon the manufacturer's rated capacity and tire equipment, and shall be as follows: (a) Motor trucks of rated capacity up to but not exceeding one and one-half tons, and equipped with pneumatic tires, may operate at the speed limits imposed by subsection three of this section. (b) Motor trucks of rated capacity not exceeding one and one-half tons, but not equipped with pneumatic tires, and motor trucks of rated capacity exceeding one and one-half tons, but not exceeding three and one-half tons, may operate at a speed not greater than two-thirds of the limits imposed in subsection three of this section. (c) Motor trucks of rated capacity exceeding three and one- half tons may be operated at a speed not greater than one-half the limits imposed by subsection three of this section. Sec. 489 (7) . Special speed limitations on bridges. It shall be unlawful to drive any vehicle upon any public bridge, causeway or viaduct at a speed which is greater than the maximum speed which can with safety to such structure be 1 1 L 1 I.