Traffic

Note: The Uniform Traffic Act (VACS Article 6701d) governs traffic within the City.

For a general statement of the powers of a city to regulate traffic, see VACS Article 6701d, § 27. Other sections of the Uniform Traffic Act also grant other powers to “local authorities” to regulate traffic. For penalties for violating the Uniform Traffic Act and disposition of fines and forfeitures, see VACS Article 6701d, §§ 143, 144. For provision that “local authorities” may adopt traffic regulations, which are not in conflict with the provisions of the Uniform Traffic Act, see VACS Article 6701d, § 26. For state law regarding junked and abandoned vehicles, see VACS Article 67 01d-11.

Article 1. Special Speed Limit Codes

 

Section 16-1. Continue in effect.

(a) Codes setting speed limits on designated parts of specific streets are special codes, and hence are not included in this Code. All such special codes in effect at the time this Code is adopted remain in full force and effect.

  1. Note: The following are special speed limit codes:
  2. Codes of 2-7-66 and 12-4-73, regulating speed limits on U. S. 60.
  3. Codes of 2-7-66 and 10-6-75, regulating speed limits on FM 294.
  4. Code of 2-7-66, regulating speed limit on FM 2385.
  5. Code of 6-2-72, regulating speed limits on Paul Street.
  6. Code of 12-4-73, regulating speed limits in School Zones.

 

Article 2. Special Codes Relating to Traffic-Control Signs, Devices, and Markings

 

Section 16-11. Continue in effect.

(a) Codes relating to specific traffic-control signs, devices, and markings located or to be located at specific places on specific streets are special codes, and hence are not included in this Code. All such special codes in effect at the time this Code is adopted remain in full force and effect.

(b) Note: The Code of 7-12-65 is such a special code relating to stop and yield signs.

 

Article 3. Administration; Traffic-Control Devices; Stopping, Standing, and Parking; Penalty

 

Section 16-21. Definitions. 

(a) Safety zones. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

(b) Loading zones. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

(c) Official traffic-control devices. All signs, signals, markings, and devices not inconsistent with this article placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, or prohibiting parking, standing, or stopping.

(d) Traffic-control signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(e) Railroad sign or signal. Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(f) Limit lines. Boundaries of parking areas, loading zones, safety or danger zones, cross walks, and lines marked for purpose of excluding traffic and parking.

(g) Fire lane. Any street or part of a street upon which parking either is restricted or prohibited for the purpose of facilitating the use or passage of equipment of the Fire Department, or is restricted or prohibited as an escape route for persons from a public place.

(h) City Marshal. The principal law-enforcement officer of the City of White Deer, or such person as shall be from time to time performing the duties of principal law-enforcement officer, such as the County Sheriff or County Deputy Sheriff charged with such duties, or any other such officer who may be, ex officio the said principal law-enforcement officer. In the absence of a law enforcement officer, the Mayor may perform the duties herein delegated to such officer. At times when there is no incumbent City Marshal, the person or officer to whom the duties herein specified shall be delegated shall be named by the City Council. (Ordinance 77-3, § 1, 8-8-77 and amended this by this code.)

 

Section 16-22. Administration.

(a) Traffic Codes to be enforced by City Marshall. It shall be the duty of the City Marshal, with such aid as may be rendered by other members of the Police Department, to enforce the street traffic regulations of this City and all of the state vehicle laws applicable to street traffic in this City, to make arrests for traffic violations, to investigate accidents, and to co-operate with the other officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties imposed especially upon the City Marshal by this article and other traffic codes of this City.

(b) City Marshal to direct traffic. The City Marshal or such police officers as are assigned by him or the Council 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 Police and Fire Departments may, direct traffic as conditions may require notwithstanding the provisions of the traffic codes and laws.

(c) Required obedience to this article. It is a misdemeanor for any person to do any act forbidden by, or fail to perform any act required in, this article.

(d) Obedience to officials. No person shall willfully fail or refuse to comply with any lawful order or direction of the County Deputy sheriff or a police officer of the City of White Deer.

(e) Exemptions to authorized emergency vehicles. The provisions of this article regulating the operation, parking, and standing of vehicles shall apply to authorized emergency vehicles, as defined in this article, except as follows. The driver, when operating any such vehicle in an emergency, except when otherwise directed by a police officer, may:

  1. Park or stand not withstanding the provisions of this article;
  2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
  3. Exceed the speed limit so long as he does not endanger life or property; and
  4. Disregard regulations governing direction of movement or turning in specified directions as long as he does not endanger life or property.

(f) Application of above exemptions to authorized emergency vehicles. Those exemptions hereinbefore granted in reference to the movement of an authorized emergency vehicle shall apply only when the driver of said vehicle sounds a siren, bell, or exhaust whistle as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to others; and the foregoing exemptions shall not protect the driver of any such vehicle from the consequences of his reckless disregard of the safety of others. (Ordinance 77-3, § 2, 8-8-77.)

 

Section 16-23. Traffic-control devices.

(a) Authority to install control devices. The City Marshal shall place and maintain, or authorize the placing and maintenance of, traffic control signs, signals, and devices when and as required under the traffic codes of this City and laws of this State, to make effective the provisions of said codes and laws, and such additional traffic-control devices as he may deem necessary to regulate traffic, under the traffic codes of this City and laws of this State, or to guide or warn traffic.

(b) Manual and specifications for traffic-control devices. All traffic-control signs, signals, and devices shall conform to the manual and specifications approved by the State Highway Commission or resolutions adopted by the legislative body of the City. 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 article shall be official traffic-control devices.

(c) Obedience to official traffic-control devices. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the traffic codes of this City and State law, unless otherwise directed by a police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this article.

(d) When traffic devices required for enforcement purposes. No provisions of this article for which signs are required shall be enforced against an alleged violator if at the time and place of alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.

(e) Display of unauthorized signs, signals, or markings.

  1. No person shall place, maintain, or display upon or in view of any 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 railroad 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; and no person shall place or maintain, nor shall any public authority permit, upon any highway any traffic signal or sign bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highway signs giving useful directional information and of a type that cannot be mistaken for official signs.
  2. No person shall without lawful authority place, maintain, or display upon or in view of any public sidewalk, curb, or street, any sign, signal, marking, or device, which indicates reserved parking space or is designated to reserve parking space upon the street for the adjoining owners or for customers of the adjoining owners.
  3. No person shall without lawful authority place, maintain, or display upon or in view of any public sidewalk, curb, or street any sign, signal, marking, or device which tends to reserve parking space for the adjoining property owners or their customers, where curbs are moved in upon property adjoining the street sufficiently to permit head-in or angle parking.
  4. Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the City Marshal or other police officer is hereby empowered to remove the same or cause it to be removed without notice.
  5. No person shall without lawful authority by verbal statement or by gesture attempt to reserve parking space upon a street for an adjoining owner or for customers of an adjoining owner.

(f) Interference with official traffic-control devices or railroad signs or signals. 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 thereof, or any other part thereof.

(g) City Marshal to designate crosswalks, establish safety zones, and mark traffic lanes.

  1. The City Marshal is hereby authorized:
  2. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, cross walks at intersections and at such other places as he may deem necessary where in his opinion there is particular danger to pedestrians crossing the roadway.
  3. To establish safety zones of such kind and character and at such places, as he may deem necessary for the protection of pedestrians.
  4. To mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the traffic-control codes of this City and State law.

(h) Affirming and ratifying traffic-control devices, etc. All traffic control signs, signal devices, and markings heretofore placed or erected by the City and now in use for the purpose of regulating, warning or guiding traffic are hereby affirmed, ratified, and declared to be official traffic-control devices, provided, however, said traffic-control devices are not inconsistent with the provisions of State law or this article. (Ordinance 77-3, § 3, 8-8-77.)

 

Section 16-24. Stopping, standing, or parking prohibited in specified places.

(a) Stopping, standing, or parking prohibited; no signs required. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of police officer or traffic-control device, in any of the following places:

  1. On a sidewalk.
  2. In front of a public or private driveway.
  3. Within an intersection.
  4. Within 15 feet of a fire hydrant, unless otherwise marked.
  5. On a cross walk.
  6. At an intersection within thirty (30) feet of an existing intersecting curb line or projection of an intersecting curb line, unless otherwise marked.
  7. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the County Deputy Sheriff has indicated a different length by signs or markings.
  8. Within 20 feet of the nearest rail or main line railroad crossing.
  9. Within 20 feet of the driveway entrance to any fire station.
  10. Alongside or opposite any street excavation or obstruction
  11. When stopping, standing, or parking would obstruct traffic.
  12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
  13. Upon any bridge or other elevated structure upon a highway or within a street tunnel or underpass.
  14. At any place where official signs or markings prohibit a stopping.
  15. Beside any curb painted red in color.

(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from the curb such distance as is unlawful.

(c) Parking not to obstruct traffic. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.

(d) Parking in alley.

  1. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic; and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.
  2. No person shall park a vehicle, which is not a commercial vehicle within any alley situated in the central business district.

(e) Parking on streets under repair. In any case where any street in the City of White Deer is being torn up, repaired, or paved, or where any work is being done upon same, making necessary the regulation of traffic thereon, the City Marshal is hereby authorized to prevent parking either altogether or to any extent deemed

 

wise by him for any certain period of time that may be necessary, or to close the street to traffic altogether for such period of time, by erecting thereon official signs with the parking restrictions clearly stated on such signs.

(f) Parking adjacent to schools.

  1. The City Marshal is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation.
  2. When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.

(g) Parking prohibited on narrow streets.

  1. The City marshal is hereby authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such sings when the width of the roadway does not exceed 30 feet.
  2. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.

(h) No stopping, standing, or parking near hazardous or congested places.

  1. The City marshal is hereby authorized to determine and designate, by proper signs, places not exceeding 150 feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
  2. When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or, park a vehicle in any such designated place.

(i) Owner not to permit car registered in his name to be illegally parked.

  1. No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street in the City of White Deer in violation of any pro-vision of this article regulating the standing or parking of vehicles.

(j) Owner responsible for illegal stopping, standing, or parking; evidence of ownership.

  1. If a vehicle is found unattended or unoccupied upon a street, highway, alley, or other public place, in violation of any provision of this article regulating the stopping, standing, or parking of vehicles, the same is hereby declared a nuisance per se; and the fact that such vehicle is unattended or unoccupied by any person shall be prima facie evidence that the owner unlawfully stopped, placed, or parked such vehicle.

(k) Officers authorized to remove illegally stopped vehicles.

  1. Whenever a city police officer finds a vehicle standing upon a street or highway in violating of any of the foregoing provisions of this article, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same to a position off the paved or main-traveled part of such highway or street.
  2. Any police officer is hereby authorized to remove vehicles from a highway to the nearest garage or other place of safety, or to a storage place designated or maintained by the City, under the circumstances hereinafter enumerated:

 

  1. When any vehicle is left unattended where such vehicle constitutes an obstruction to traffic.
  2. When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the highway.
  3. When any vehicle is found upon a highway and report has previously been made that such vehicle has been stolen or complaint has been made that such vehicle has been stolen or complaint has been filed and a warrant thereon issued, charging that such vehicle has been embezzled.
  4. When any such officer has reasonable grounds to believe that any vehicle has been abandoned.
  5. When a vehicle upon a highway is so disabled that its normal operation is impossible or impractical and the persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle.
  6. When an officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by this article or other law required to take the person arrested immediately before a magistrate.
  7. A reasonable fee listed on the official fee schedule, for removing the vehicle and for storage shall be charged against the vehicle.
  8. Any member of the Police or Fire Department may move any vehicle standing unattended; and policemen or firemen may require the moving of any such vehicle if it obstructs the free movements of such persons in the actual discharge of their duties.
  9. The City Marshal or any member of the Police Department is hereby authorized to remove any vehicle parked or standing in or on any portion of a highway when, in the opinion of the said officer, the said vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safety of said vehicle is impaired. (Ordinance 77-3, § 4,. 8-8-77.)

 

Section 16-25. Penalty.

(a) Any person violating any of the provisions of this article shall be guilty of a class C misdemeanor, and upon conviction thereof, shall be fined an amount not to exceed the maximum amount as established by state law. Each day that a violation occurs, or is allowed to continue, shall constitute a separate offense. (Ordinance 77-3, § 5, 3-8-77 and amended by this code.)