|
TRAFFIC ORDINANCES
<br />AN ORDINANCE TO AMEND AND RE -ORDAIN
<br />AN ORDINANCE ENTITLED, "AN ORDI-
<br />NANCE PROVIDING FOR THE REGULA-
<br />TION OF TRAVEL AND TRAFFIC ON THE
<br />STREETS, ALLEYS, AVENUES, BRIDGES,
<br />CROSSINGS AND SIDEWALKS. FOR THE
<br />PURPOSE OF PROTECTING HEALTH AND
<br />PROPERTY AND FOR THE CONVENI-
<br />ENCE AND SAFETY OF THE USERS OF
<br />SAID STREETS, AVENUES, ETC., 1N THE
<br />CITY OF CHARLOTTESVILLE, VIRGINIA",
<br />ADOPTED AUGUST 1ST, 1921, AS HERE-
<br />TOFORE AMENDED.
<br />I. BE IT ORDAINED, by the Council of the
<br />City of Charlottesville that "An ordinance provid-
<br />ing for the regulation of travel and traffic on the
<br />streets, alleys, avenues, bridges, crossings and side-
<br />walks, for the purpose of protecting health and
<br />property and for the convenience and safety of the
<br />users of said streets, avenues, etc., in the City of
<br />Charlotttesville; Virginia, adopted August 1st,
<br />1921, be amended and re -ordained so as to read
<br />as follows:
<br />DEFINITIONS: That the following words and
<br />phrases when used in this ordinance shall, for the
<br />purposes of this ordinance, have the meaning re-
<br />spectively ascribed to them, in this section, except
<br />in those instances where the context clearly in-
<br />dicates different meaning!
<br />(a) "Vehicle."—Every device in, upon or by
<br />which any person or property is or may be trans-
<br />ported or drawn upon a public highway, except-
<br />ing devices moved by human power or used ex-
<br />clusively upon stationary rails or tracks; provi-
<br />ded, that for the purposes of this ordinance, a bi-
<br />cycle shall be deemed a vehicle.
<br />(b) "Motor vehicle."—Every vehicle, as herein
<br />defined, which is self-propelled.
<br />(c) "Motorcycle."—Every motor vehicle de-
<br />signed to travel on not more than three wheels in
<br />contact with the ground, except any such as may
<br />be included within the term "tractor" as herein
<br />defined.
<br />(d) "Tractor truck."—Every motor vehicle
<br />designed and used primarily for drawing other
<br />vehicles and not so constructed as to carrying a
<br />- load other than a part of the weight of the vehicle
<br />and load so drawn.
<br />(e) "Farm tractor." --Every motor vehicle de-
<br />signed and used primarily as a farm implement for
<br />drawing plows, mowing machines and other im-
<br />plements of husbandry.
<br />(f) "Road tractor."—Every motor vehicle de-
<br />signed and used for drawing other vehicles and
<br />not so constructed as to carry any load thereon
<br />either independently or any part of the weight of
<br />a vehicle or load so drawn.
<br />(g) "Trailer."—Every vehicle without motive
<br />Power designed for carrying property or pas-
<br />sengers wholly on its own structure and for be-
<br />ing drawn by a motor vehicle.
<br />(h) "Semi -trailer." — Every vehicle of the
<br />trailer type so designed and used in conjunction
<br />with a motor vehicle that some part of its own
<br />weight and that of its own load rests upon or is
<br />carried by another vehicle.
<br />(i) "Pnuematic tires." --All tires inflated with
<br />compressed air.
<br />(j) "Solid rubber tire." --Every tire made of
<br />rubber other than a pneumatic tire.
<br />(k) "Metal tires."—All tires the surface of
<br />which in contact with the highway is wholly or
<br />partly of metal or other hard, non-resillent ma-
<br />terial.
<br />(1) "Person." --Every natural person, firm, co-
<br />partnership, association or corporation, whether
<br />acting by themselves or by a servant, agent or
<br />employee.
<br />(in) "Owner."—A person who holds the legal
<br />title of a vehicle or in the event a vehicle is the
<br />subject of an agreement for the conditional sale
<br />or lease thereof with the right of purchase upon
<br />Performance of the conditions stated in the agree-
<br />ment and with an immediate right of possession
<br />vested in the conditional vendee or lessee, or in
<br />the event a mortgager of a vehicle is entitled to
<br />Possession then such conditional vendee or les-
<br />see or mortgager shall be deemed the owner, for
<br />the purpose of this ordinance.
<br />(n) "Highway."-- Every way or place of what-
<br />ever nature open to the use of the public for the
<br />Purpose of vehicular travel.
<br />(0) "Pedestrian."—Shall include and mean any
<br />Person walking afoot, and not, at the moment, a
<br />Passenger within a vehicle or street car.
<br />(P) "Private road or driveway."—Every road
<br />or driveway not open to the use of the public
<br />for the purpose of vehicular travel.
<br />(q) "Intersection."—The area embraced with-
<br />in the prolongation of the lateral curb lines, or
<br />if none, then the lateral boundary lines of two or
<br />more highways, which join one another at an
<br />angle, whether or not one such highway crosses
<br />the other.
<br />(r) "Safety zone."—An area or space officially
<br />set aside within a highway, for the exclusive use
<br />of pedestrians, and which is so plainly marked or
<br />indicated by proper signs as to be plainly visible
<br />at all times while set apart as a safety zone.
<br />(s) "Crossing" and or "crosswalks" shall in-
<br />clude and mean that part of a street connecting
<br />sidewalks at or near street intersections, and the
<br />most direct route from curb to curb at street in-
<br />tersections, and at such other places as may be
<br />indicated by lines drawn or marked upon the
<br />highway.
<br />(t) "Business district." --The territory contigu-
<br />ous to a highway when seventy-five per centum or
<br />more of the frontage thereon for a distance of
<br />three hundred feet or more, is occupied by build-
<br />ings in use for business purposes.
<br />(u) "Residence district."—The territory con-
<br />tiguous to a highway, not comprising a business
<br />district, when seventy-five per centum or more of
<br />the frontage thereon for the distance of three hun-
<br />dred feet or more is mainly occupied by dweH-
<br />ings, or by dwellings and buildings in use for bss-
<br />siness purposes.
<br />(v) "Department." --The motor vehicle de-
<br />partment of this State, acting directly, or through
<br />its duly authorized officers and agents.
<br />(w) "Reckless driving." -Shall mean the op-
<br />eration of a vehicle in a manner potentially offer-
<br />ing harm, or injury or damage to any person,
<br />property, or thing, as a result of the act itself, or
<br />in combination with circumstances, conditions and
<br />acts of others.
<br />(x) "Right of way." --Shall mean the right of
<br />a pedestrian, or vehicle to proceed uninterrupt-
<br />edly in a lawful manner, in preference or priority
<br />to another pedestrian or vehicle approaching in
<br />another direction.
<br />(y) "Traffic."—shall mean the orderly use of
<br />streets by pedestrians and vehicles, both singly
<br />and together.
<br />(z) Whenever herein, any regulation is im-
<br />posed upon a "vehicle" it shall be constructed to
<br />refer to the driver or operator thereof, when such
<br />reference would be applicable.
<br />(aa) "Commissioner." --Shall mean the motor
<br />vehicle commissioner of this State.
<br />(bb) "Passenger motor bus."—Shall mean
<br />every vehicle running upon a fixed schedule, en-
<br />gaged in carrying passengers, and having a seat-
<br />ing capacity of six (6) or more persons.
<br />(cc) "Taxicab." --Shall mean a public pas-
<br />senger vehicle, designed and advertised by its
<br />manufacturer as a taxicab, and so constructed
<br />as to separate its driver from its passengers by a
<br />glass partition, and which said vehicle shall be
<br />equipped with a mechanical instrument, or device,
<br />commonly known as a taximeter.
<br />(dd) "For -hire car." --Shall mean a public
<br />passenger vehicle, offered for hire, and not con-
<br />form'ng to the definition of a taxicab or passen-
<br />ger motor bus as herein defined. (1926, pp. 765-
<br />768.)
<br />TITLE I.
<br />Operation of Vehicles; Rules of the Road.
<br />Section 1. Persons under the influence of in-
<br />toxicating liquor, or narcotic drugs.—It shall be
<br />unlawful, and punishable by a fine of not less
<br />than $50 or be imprisoned in jail not more than
<br />six months or both, for any person whether licen-
<br />sed or not, who is an habitual user of narcotic
<br />drugs, or any person who is intoxicated, or under
<br />the influence of intoxicating liquor or narcotic
<br />drugs, to drive any vehicle upon any highway.
<br />Section 2. Reckless driving.—Any person who
<br />drives a vehicle upon a highway recklessly, or at
<br />a speed or in a manner so as to endanger, or be
<br />likely to endanger life, limb or property of any
<br />person shall be guilty of reckless driving and pun-
<br />ished as provided in section sixty-five of this or-
<br />dinance.
<br />Section 3. Re9trictiow as to speed.—(a) Any
<br />person driving a vehicle on a highway shall drive
<br />the same at a careful and prudent speed not
<br />greater nor less than is reasonable and proper,
<br />having due regard to the traffic, surface and
<br />width of the highway and of any other condi-
<br />tions then existing. And any person who shall
<br />drive any vehicle upon a highway at such speed
<br />as to endanger the life, limb or property of any
<br />person, or so as to unnecessarily block, hinder or
<br />retard the orderly and safe use of the highway
<br />by those following, shall be prima facie guilty of
<br />reckless driving.
<br />(b) Subject to the provisions of sub -division
<br />(a) of this section and except in those instances
<br />where a lower speed is specified in this ordi-
<br />nance, it shal be prima facie lawful for the driver
<br />of any vehicle, save and except only a passenger
<br />motor bus, to drive the same at a speed not ex-
<br />ceeding the following:
<br />I. Fifteen miles an hour when passing a school
<br />during recess or while children are going to or
<br />leaving school during its opening and closing
<br />hours.
<br />2. Fifteen miles an hour in a business district,
<br />as defined herein.
<br />3. Twenty-five miles an hour in a residence dis-
<br />trict, as defined herein.
<br />4. Thirty-five miles an hour under all other
<br />conditions.
<br />5. Sub -division one and two inclusive, of this
<br />sub -division shall apply alike to passenger mo-
<br />tor busses, except in sub -division (b) hereof.
<br />But, the provisions of sub -divisions three and four
<br />hereof are reduced by five miles per hour in their
<br />reference to passenger motor busses.
<br />(c) Reckless driving within the meaning of
<br />this section shall be deemed to include the fol-
<br />lowing offences, which are expressly prohibited:
<br />1. Driving a vehicle when not under complete
<br />control, or with inadequate or improperly adjusted
<br />brakes.
<br />2. Driving to the left of the center of the street,
<br />except upon one way streets.
<br />3. Passing or attempting to pass two other ve-
<br />hicles abreast, moving in the same direction.
<br />4. Violating the provisions of the right of way
<br />laws, as set out in section nineteen hereof.
<br />5. Failure to give adequate and timely signals
<br />of intention to turn or partly turn, slow down or
<br />stop.
<br />6. Exceeding a reasonable speed under the cir-
<br />cumstances and traffic conditions obtaining at the
<br />time.
<br />7. Passing other vehicles going in the same
<br />direction while crossing an intersection, or while
<br />pedestrians are passing or about to pass in front
<br />of either of such vehicles.
<br />8. Driving a vehicle out of an alley, lane or
<br />building or across a sidewalk into a street, with-
<br />out first bringing such vehicle to a speed of five
<br />miles per hour.
<br />9. Making a left turn without passing the right
<br />of the center point of the intersection, whether
<br />marked or not, and without first signaling his in-
<br />tention so to turn.
<br />10. Making a right turn without keeping close
<br />to the curb, and without first signaling his in-
<br />tention to turn.
<br />Section 4. Railroad warning signals must be
<br />obeyed.—It shall be unlawful for any person driv-
<br />ing a vehicle to fail to obey a clearly visible or
<br />audible crossing signal at a highway and inter-
<br />urban or steam railway grade crossing which sig-
<br />nal gives warning of the immediate approach of
<br />arailway train.
<br />Section S. Vehicles must slow down at certain
<br />steam railway grade crossings.—(a) It shall be
<br />the duty of every person driving any vehicle on
<br />a public highway, on approaching a place where
<br />a railway crosses such public highway at grade,
<br />at which crossing no railway gates are maintained
<br />or no flagman is stationed and on duty at the time,
<br />to bring his vehicle to a speed not exceeding five
<br />miles per hour before passing over such crossing,
<br />at a distance of not less than fifty feet, from the
<br />nearest rail of such railway tracks. Provided,
<br />that such person shall stop at such crossing where
<br />gates are maintained when such gates are closed
<br />down, or being lowered, and where a flagman is
<br />stationed and on duty at the time, whenever sig-
<br />naled to stop by such flagman; provided that this
<br />section shall not apply to any public railway cross-
<br />ing at grade on railway lines on which only purely
<br />local trains are operated.
<br />(b) The provisions of this section shall not
<br />change or alter in any manner the existing laws
<br />as to the duty or liability of railway companies
<br />for damages to persons or property, and failure
<br />to comply with the provisions of this section on
<br />the part of the driver of the vehicle shall not be
<br />considered contributory negligence in an action
<br />against the railway company for damage to per-
<br />sons or property, whether the same be injury to
<br />the person or property of the driver or any other
<br />person. And it shall not be necessary to establish
<br />the fact that the driver complied with the provi-
<br />sions of this section in order to recover in any ac-
<br />tion for damages to persons or property against
<br />a railway company.
<br />Section 6. Speed limit for motor trucks, reg-
<br />ulated according to manufacturer's rated capac-
<br />ity and tire equipment. --The speed limit for mo-
<br />tor trucks shall be based upon the manufacturer's
<br />rated capacity and tire equipment, and shall be
<br />as follows:
<br />(a) Motor trucks of rated capacity up to but
<br />not exceeding one and one-half tons, and equipped
<br />with pneumatic tires, may operate at the speed
<br />limits imposed by section three of this ordinance.
<br />(b) Motor trucks of rated capacity not ex-
<br />ceeding one and one-half tons, but not equipped
<br />with pneumatic tires, and motor trucks of rated
<br />asp
<br />
|