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O-151-46 MIAMI SHORES VILLAGE ORDINANCE NO._Z!i�3 AN -ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREE173 OF MIAMI SHORES VILLAGE AND REPEALIYG SECTION 9 OF ORDINANCE NO. 8, ORDINANCE 110. .18 AND ALL OTHER ORDINANCES AND SEICTIONS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY MIAMI SHORFS VILLAGE: ARTICLE I WORDS AND PHRASES DEFINED Section 1, Definition of Words and Phrases -- The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively . ascribed to them in this article, SUBDIVISION I --VEHICLES, TRAFFICt ETC. $ DEFINED Section 2, (a) VEHICLE -- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used ex- clusively upon stationary rails or tracks. (b) MOTOR VEHICLE -- Every vehicle which is Belf- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (c) AUTHORIZED EMERGENCY VEHICLE -- Vehicles of the fire department (fire patrol) , police vehicles and such abbulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Village Marshal. S6ction 3, (a) RAILROAD -- A carrier of persons or Droperty Upon Cars, other than street cars, operated upon sta- tionary rails. (b) RAILROAD TRAIN -- A steam enginep electric or other motor, with or without care coupled thereto, operated upon rails, except street cars. Section 4. TRAFFIC Pedestrians, ridden or herded animals, vehicles, street cars and other conveyances either singly or together while using any street for purpbses of travel. Section 5. RIGHT-OF-WAY -- The privilege of the immediate use of the roadway. Section 6. (a.) STOP -- when required means complete cessation of movement. (b) STOP OR STOPPING -- when prohibited means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sigh: or signal. (c ) STANDING -- Any stopping of a vehicle , whether occupied or not. (d) PARK -- The standing of a vehicle, whether oc- cupied or not, otherwise than temporarily for the purpose of and. while actually engaged in loading or unloading. Section 7. OFrICIAL TIME STANDAn. Whenever certain hours are named herein they shall mean standard time. SUBDIVISIOP II -- PERSONS, ETC. p DEFINED Section 8. (a) PERSON, Every natural person, firm co-partnership, association or corporation. (b) DRIVER -- Every person who drives or is in actual physical control of a vehicle. I (c) PEDESTRIAN -- Any person afoot. Section 9. POLICE OFFICER -- Every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulationBo SUBDIVISION III. iiv, STREETS9 ETC. 9 DEFINED Section 10. (a) STREET OR HIGHWAY -- The entire width between property lines of every way or -place of whatever nature when any part thereof is open to the use of the public, as a 2 matter of right, for purposes of vehicular traffic* (b) PRIVATE ROAD OR DRIVEWAY -- Every way or place in prIvate ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons* (c) ROADWAY -- That portion of a street improved, designed, or ordinarily used for vehicular travel. (d) SIDDYALK -- That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (e) ALLEY -- Narrow lane between buildings and also a lane through the middle of a block, giving access to the rear of the buildings therein. Section 11. INTERSECTION -- The area embrRced within the- prolongation or connection of the lateral curb linest or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximat6-ly at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Section 12. CROSSWALK -- (a) That portion of a road- way ordinarily included within the prolongation or connection of the lateral li"s of sidewalks at intersections. (b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. ' Section 13, SAFETY ZONE. -- 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. (1) The above definition renders the terms "street" or "highway" synonymous and interchangeable. Section 14. (a) OFFICIA.L TRAFFIC CONTROL DEVICES All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulatingo warning,, or guiding traffic. (b) OFFICIAL TRAFFIC SIGNALS -- Any devicep whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. Section 15. (a) BUSINESS DISTRICT. -- The territory contiguous to end including a highway when fifty per cent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business. (b) RESIDENCE DISTRICT. -- The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with dwellings or dwellings and build- ings in use for business. (c) ZONING ORDINANCE. -- Nothing herein contained shall alter the Zoning Ordinance. ARTICLE II REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS Section 16. REQUIRED OBEDIFMCE TO TRAYFIC ORDINANCE ui!� It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. Section 17. OBEDIENCE TO POLICE -- No person shall wilfully fail or refuse to comply with any lawful order I or direction of a police officer. Section 18. PUBLIC EITLOYEES TO OBEY TRA7PIC"REGULA- TIONS. -- The provisions of this ordinance shall apply to the drivers of all vehicles. 4 Section 19. EXEMPTIONS TO AUT�TORIZED EMERGENCY VEHICLES (a) The provisions of this ordinance regulating the operation parking , and standing of vehicles shall apply to authorized emer- gency vehicles, as defined in this ordinance, except as follows., A driver when operating any such vehicle in an emergency, except when otherwise directed by a police officer, may -- (1) Park or stand notwithstanding the provisions of this ordinance; (2) Proceed past a red or stop signal or stop sign, but only after slowing his vehicle down to such speed as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of move- ment or turning in specified directions so long as he does not endanger life or property. (b) The foregoing exemptions shall not , however, protect the driver of any such vehicle from the consequences of his disregard of the safety ofP others. Section 20. PERS014S PROPELLING PUSH CARTS OR RIDING BICYCLES OR AMULS TO OBEY TRAFFIC REGULATIONS — Every person propelling any push cart or riding a bicycle or an animal upon a roadwa,y, and every 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. ARTICLE III OBEDIENCE TO TRAFFIC CONTROL DEVICES Section 21. OBEDIENCE TO OFFICIAL TRAPFIC CONTROL DEVICES. -- (a) The driver of any vehicle shall obey the in- structions of any official traffic control device application placed in accordance with the traffic ordinances of this village, unless otherwise directed by a police officer,, subjec� to �-the 5 exceDtions granted the driver of an authorized emergency vehicle in this ordinance. (b) No provision of this ordinance for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular see- . tion does not state that signs are requiredt such section shall be effective without signs being erected to give notice thereof. Section 22. OBEDIENCE TO NO-TUR11 SIGNS AND TURNING MARKERS. -- 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 such sign, and when authorized marks� buttons, or other indications are placed with- in an intersection indicating the course to be travelled by vehicles turning thereat , no driver of a vehicle shall disobey the directions of such indications, Section 23. ZONE OF QUIET -- Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within any such zone shall sound the horn- cr other warning device of said vehicle except in an emergency. Section 2�_ PLAY STREETS, -- Whenever authorized signs are erectdd 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 resi- dences are within such closed area, and then any said. driver shall exercise the greatest care in driving upon any said street or portion thereof. Section 25. TRAFFIC CONTROL SIGNAL LEGEND -- Whenever traffic is controlled by traffic control signals exhibiting the words lik"To" t "Caution" I or "Stop" or exhibiting different colored lights successively one at a time, the following colors only shall be used, and said terms and lights shall indicate as follows: (a) Green alone or "Go" . 1. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But v6hicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. 2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. (b) Yellow alone or "fCaution" when shown following the green or "Go" signal. 1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. 2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. (c) Red alone or "Stop". 1. Vehicular traffic facing the signal shall stop before entering the 'nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or IlGo" is shown alone. 2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. (d) Red with green arrow. 1. Vehicular traffic facing such signal may cautiously 6nter the intersection only to make the movement indicated by such arrow, but shall not interfere with other traffic* 2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic& Section 26. FLASHING SIGNALS -- Whenever flashing red or yellow signals aro used they shall require obedience by 7 vehicular traffic as follows: 1. Flashing red (,stop signal). When a red lens is illuninated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an inter- section or at a limit line when marked, and the right to proceed shall be subject to the rules an licable after making a stop at ' p a ston sign. 2, Flashing yellow (caution signal) . When a yellow lens is illuminated with rapid intermittent flashest drivers of vehicles may proceed through the intersection or past such signal only with caution. Section 27. SIGNALS BY HAND AND ARM OR SIG14AL DEVICE. The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal device of a type ap- proved by the department., but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then said signals must be given by such a lamp device. (a) All signals herein required given by hand and. arm shall be given from the left side of the vehicle . in the following manner and such sianals shall indicate as follows** 1. Left turn. Hand and arm extended horizontally. 2. Right turn. Hand arm extended upward. 3. Stop or decrease speed* Hand and arm extended downward. Section 28. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, OR KARKINGS -- (a) No person shall place, maintain, or display upon or in view of any highway and unauthorized signt 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 trafftep 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 sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways or sign giving useful directional infor- mation and of a type that cannot be mistaken for official signs. (b) Every such prohibited dgn, signal, or marking is hereby declared to be a public nuisance, and the authority having jurisdiction over the highway is hereby empowered to re- move the same or cause it to be removed without notice, Section 29. ERECTION OF SAPETY SIGNAL DEVICES AT ALL RAILROAD CROSSINGS AT POINTS THERE ANY RAILROAD CROSSES OR IN- TERSECTS TRAVELED THOROUGHFARES, HIGHWAYS AND STREETS. (a) Firms or corporations operating railroad trains,, engines or other means of conveyance upon railroad tracks with- in Miami Shores Village over or across traveled streets, highways and thoroughfares of the Village, must first have provided and erected, and thereafter maintained good, sufficient and proper warning devices and signals to signify and warn of the approach of any train or trains, engines or other means of conveyance operated uDon such railroad tracks to and across such traveled streets, highways and thoroughfares of said village. (b) No person or persons shall without lawful author- ity attempt to or in fact alter, deface, injure, knock down, or remove anyofficial traffic control device or any railroad zign or signal, or any inscription, shield� or insignia thereon,, or any 'other part thereof. (c) No person or persons shall drive a motor vehicle across a railroad crossing at any point, while these warning devices or signals are in operation. ARTICLE IV STOPPING, STANDIFG Alm PARKING Section 30. PARKING PROHIBITED ON NARROW STREETS.— When signs prohibiting parking are erected on narrow streets no person shall park a vehicle in any such designated place* -9-1 Section 31. NO STOPPING OR PARKING NEAR- HAZARDOUS OR CONGESTED PLACES. -- When signs are erected upon approach to hazardous or congested places, no person shall stop, stand, or park a vehicle in any such designated place. Section 32. PARKING ADJACENT TO SCHOOLS,-- When signs are erected indicating no parking upon that side of the street adjacent to any school property, no person shall park a vehicle in any such designated place, Section 33. VEHICLE TO STOP WFILE SCHOOL BUSES ARE LOADING OR MMOADING CHILDREN.-- All motor vehicles shall be required to come to a complete stoD and remain so before pass- ing a school bus, which is engaged in loading or unloading school children, and are also required to come to a complete stop, and remain so, when meeting a school bus,' which is In- gaged in such a purpose. Section 34. PARKING PROHIBITED IN CERTAIN PLACES.— (a) No person shall stopp stand or 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, ex- cept that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals or a police officer, (b) '.,,,Io 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. Section 35. ALL-NIGHT PARKING PROHIBITED.-- No person shall park a vehicle on any street, the hard surface of which is 20 feet or less, for a period of time longer than 30 minutes be- tween the hours of (2) a.m. and (6) a.m. of any day, except physicians on emergency calls. _10- Section 36. PARKING PROHIBITED AT ALL TIMES IN DESIGNATED PLACES.-- When signs are erected giving notice thereofo no person shall park a vehicle at any time upon any of the streets described in schedule I. attached to and made a part of this ordinance, I Section 37, PARKING PROHIBITED DURING CERTAIN HOURS IN DESIGNATED PLACES.-- When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours of and of any day except Sundays and public holidays within the district or upon any of the streets described in shcedule II, attached to and made a part of this ordinance. Section 38* PARKING TIME LIMITED IN DESIGNATED PLACES. -- When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than at any time between the hours of a*mo and p4me Of any day except Sundays and public holidays within the district or upon any of the streets described in abhedule III, attached to and made a part of this ordinance* Section 39. MOTION OF APPROVAL.-- The Village manager or Village marshall shall have the authority to add to or subtract from any of the schedules at- tached to and m4e part of this ordinance upon the motion of approval by the Village Council. Section 40* STANDING FOR LOADING ONLY. -- (a) No person shall stop, stand or park a vehicle for any purpose or period of time other .than for the expeditious loading or unloading of passengers in any place marked as a passenger zone during hours when the regulations applicable to such passenger zone are effective, and then only for a period not to exceed 3 minutes . (b) No person shall stop, stand or park a vehicle for any perpose or length of time other than for the expedi- tious unloading and delivery or pickup and loading of materials in any place marked as a loading zone during hours when the provisions applicable to loading zones are in effect* In no case shall the stop for loading and unloading of materials exceed 30 minutes* Section 41. --BUS, (HACKNEY) AND TAXICAB STANDS.-- (a) The driver of a bus (hackney) , or taxicab shall not stand or park upon any street in any business district at any place other than at a bus stop, (hackney stand) , or taxi- cab stand respectivelys except that this provision shall not prevent the driver of any such vehicle from temporarily stopp- ing in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers * (b) No person shall stop.. stand or park a vehicle other than a bus, in a bus stop, (or other than a hackney in a hackney stand) , or other than a taxicab in a taxicab stand when- any such stop or stand has been officially designated and appropriately signedo except that the driver of a passen- ger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus, (hackeny) .. or taxicab waiting to enter or about to enter such zone* Section 42* STANDING OR PARKING CLOSE TO CURB.— No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic., and with the curb-side wheels of the vehicle within 12 inches of the edge of the roadway, except as provided in the following paragraph: (a) In places Where and at hours when stopping for the loading or unloading of merchandise or materials is per- mittedo vehicles used for the transportation of merchandise or materials may back into the cur).) to take on or discharge -12- loads when the owner of such vehicle holds a permit granting him such privilege, and such permit shall be either in the possession of the driver or on the vehicle at the time, of such vehicle is backed against the curb to take on or discharge a load, and it shall be unlawful for any owner or driver to vio- late any of the special terms or conditions of any such special permit. (b) No person shall. start a vehicle which is stopped, standing or parked, unless and until such movement can be made with reasonable safety* Section 43* UNLAWFUL PARKING.-- No person shall stand or park a vehicle upon any roadway for principal purpose of: 1* Displaying it for sale; 2. Washing, greasing or repairing such vehicle ex- cept repairs necessitated by an emergency. Section 44* USING VEHICLE FOR PRIMARY PURPOSE OF AD- VERTISING PROHIBITED.-- No person shall operate or park on any street or thoroughfare any vehicle for the primary purpose of advertising* Section 45* STOPPING., STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES*-- No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in,.:compliance with the directions of a police officer or traffic control device, in any of the following places : 1. On a sidewalk; 2* In front of a public or private driveway; 3* Within an intersection; 4, Within 15 feet of a fire hydrant; 5. On a crosswalk; 6. Within 20 feet of a crosswalk at an intersection; 7. Within 30 feet upon the approach to any flashing beacon, stop sign., or traffic control signal located at the side of a roadway; -13- Be Within 50 feet of the nearest rail of a railroad crossing; 9. 'Within 20 feet of the driveway entrance to any fire station, and on the side of a street op- posite the entrance to any fire station within 75 feet of said entrance (when properly sign- posted) ; 10. Alongside or opposite any street excavation or obstruction when such stoppings standing or park- ing would obstruct traffic; 11. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; l2e Upon any bridge or other elevated structure upon a highway; 13e At any place where official signs prohibit stopping. (b) No person shall move a vehicle not owned by such person into any such prohibited area or away from the curb such distance as is unlawful* ARTICLE V OPERATION OF VEHICLES Section 46e STOP BEFORE ENTERING A THROUGH STRE-:LjT.-- (a) Those streets and parts of streets described ih Scedule IV attached hereto and made a part hereof are hereby declared to be through streets for the purpose of this section. (b) �Vhen stop signs are placed upon highways inter- secting a through street at the entrances thereto or at the entrance to any intersection, every driver of a vehicle shall stop at every such sign or at a clearly marked stop line before entering the intersection e-Ncept when directed to proceed by a police offifer or a traffic control signal. Section 47e STOP WHEN TRAFFIC OBSTRUCTED.— No driver shall enter an intersection or a marked crosswalk unless there -14- 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 pedestrians, not- withstanding any traffic control signal indication to proceed. Section 4B* ONE-,-*-IAY STREETS.-- Upon those streets and parts of streets described in schedule V attqched hereto and made a part hereof, vehicular traffic shall move only in the indicated diraction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Section 49e DRIVING THROUGH 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 required in this ordinance* This provision shall not apply at intersec- tions where traffic is controlled by traffic control signals or police officerso Section 50* PERMITS FOR PARADES AND PROCESSIONS.— No funeral, procession or parade containing 200 or more persons or 50 or more vehicles, excepting the forces of the United States Army or Navy, the military fore6s of this State, and forces of the police and fire departments, sh all occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply, Section 51, FUNERAL A-ND OTHER PROCESSIONS.— (a) 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 of a type designated by the police department* (b) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and follow the vehicle ahead as close as is practical and safe* Section 52* LIMITATIONS ON TURNING AROUNG.-- The driver of any vehicle shall not turn such vehicle so as to proceed in _15- the opposite direction upon any sbreet in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic* Section 53. LIMITATIONS ON BACKING.-- The driver of a vehicle shall not back the same into an intersection or over a crosswalk and shall not in any event or at any place back a ve- hicle unless such movement can be made in safety. Section 54* EMERGING FROM ALLEY OR PRIVATE DRIVEWAY.— The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleywayo and upon entering the roadway shall yield the right- of-way to all vehicles approaching on said roadway* Section 55. VEHICLES SHALL NOT BE DRIVEN ON THE SIDE- WALK.— The driver of a vehicle shall not drive within any side- walk area except at a permanent or temporary driveway* Section 56* CLINGING TO MOVING VEHICLES.-- Any person riding upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle shall not attach the same or himself to any mov- ing vehicle upon any roadway* Section 57* RIDING ON HANDLEBARS' PROHIBITED.-- The operator of a motorcycle or bicycle when upon a street shall not carry any other person upon the handle bar, frame, or tank of any such vehicle, nor shall any person so ride upon any such vehicle. Section 58. USE OF COASTER, 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 except upon streets set aside as play streets when and as authorized by ordinance of this village* Section 59e LIGHTS ON PARKED VEHICLES.-- (a) whenever a vehicle is lawfully parked on a street during the time between one half hour after sunset and one-half hour before sunrise and there is sufficient light to reveal any person within a distance of 500 feet upon such street, no lights need be displayed upon such parked vehicle* (b) When during sAid times or at any other time there is not sufficient light upon a street to reveal a person at a distance of 500 feet a parked vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible for a distance of 500 feet to the front of the ve- hicle and a red light visible for a distance of 500 feet to the rear. Any lighted headlamps upon a parked vehicle shall be de- pressed or dimmed* Section 60& PERSONS UNDER. THE INFLUENCE OF INTOXICAT�- ING LIQUOR OR NARCOTIC DRUGS. (a) It is unlawful and punish- able as provided in subdivision (b) of this section for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liqubr or narcotic drugs to drive any vehicle within this village* (b) Every person who is convicted of a violation of this section shall be punished by a fine of not more than ($500.00) or by imprisonment of not more than 6 months * Section 61* RECKLESS DRIVING.-- (a) Any person who drives any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving* (b) Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not more than ($500*00) . or by imprisonment of not more than 6 months, or by both such fine and imprisonment* Section 62. SPEED RESTRICTIONS.— (a) No person shall drive a vehicle on a highway at a speed greater than is reason- able and prudent under the conditions then existing* (b) , Where no special hazard exists., the following speeds shall be lawful, but any speed in excess of said limits -17- shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful : le Twenty miles per hour in any business district; 2, 30 Miles per hour in any residence district; (c) The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersections when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadways or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditionso and speed shall be decreased as may be necessary to avoid colliding with any persons vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care* (d) In every charge of violation of this sections the complaint, also the summons or notice to appear, shall specify the speed at wILich the defendant is alleged to have drivenp (e) The foregoing provisions of this section shall not be construed to relieve the plaintiff in any civil action from the butden of proving negligence upon the part of the defendant as the proximate cause of an accident* Section 63# DRIVE ON RIGHT SIDE OF ROADWAY, EXCEP- TIONS.-- 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 pro- ceeding in the same direction under the rules governing such movement; 2. When the right half of a roadway is closed to traffic while under construction or repair; 3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or 4. Upon a roadway designated and sign-posted for one- way traffic* Section 64* PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.— Drivers of vehicles proceeding in opposite dir- ections shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one- half of the main traveled portion of the roadway as nearly as possible* Section 659 OVERTAKING A VEHICLE ON THE LEFT.-- The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated: (a) The driver of a vehicle overtaking another ve- hicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle* (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking on audible signal, and shall not increase the speed of his vehicle until complete- . ly passed by the overtaking vehicle. Section 66* !NHEN OVERTAKING ON THE RIGHT IS PERMITTED* (a) The dtiver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn. (b) The driver of a' vehicle may overtake and$ allow- ing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for 4 or more lines of moving traffic when such movement can be made in safety* No person shall drive off the pavement or up- on the shoulder of the roadway in overtaking or passing on the right * Section 67o LIMITATIONS ON OVERTAKING ON THE LEFT.-- (a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a suf- ficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe oper- ation of any vehicle approaching from the opposite direction or any vehicle overtaken* In every event the overtaking ve- hicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the op- posite direction* (b) No vehicle shall in overtaking and passing an- other vehicle or at any other time be driven to the left side of the roadway under the following conditions : 1. When approaching the crest of a grade or upon a curve in the highway where the driverfs view along the highway is obstructed; 2o When approaching within 100 feet of any bridge, viaduct or when approaching within 100 feet of or traversing any intersection or railroad grade crossing; 3o Where official signs are in place directing that traffic keep to the right.. or a distinctive cen- ter line is marked, which distinctive line also so directs traffico Section 68* DRIVING ON ROADWAYS LANED FOR TRAFFIC.-- Whenever any roadway has been divided into 3 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: (a) A vehicle shall be driven as nearly as practical , entirely within a single lane and shall not be removed from -20- such lane until the driver has first ascertained that such movement can be made with safety* (b) Upon a roadway which is divided into 3 lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation* (c) Official signs may be erected directing slow mov- ing traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction., and drivers of vehicles shall obey the directions of every such sign* Section 69* TURNING AT INTERSECTIONS.— The driver of a vehicle intending to turn at an intersection shall do so as follows : (a) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway* (b) Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the cen- ter line of the roadway being entered* (c) Approach for a left turn from a two-way street into a one-way street 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* A left turn from a one-way street into a two-way street shall be made by passing to the right of the. center line of the street be- ing entered upon leaving the intersectiono _21- RIGHT-OF-WAY RULES Section. 70# VEHICLES APPROACHING OR ENTERING INTER- SECTION.— (a) The driver of a vehicle approaching an inter- section shall yield the right-of-way to a vehicle which has enter- ed the intersection from a different highway* (b) When two vehicles enter an intersection from dif- ferent highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (c) The foregoing rules are modified at through high- ways and otherwise as hereinafter stated in this article . Section 71# VEHICLE TURNING LEFT AT INTERSECTION.— The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close therto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this act., may make such left turn, and the drivers of all other vehicles approaching the intersection from said oppo*site direction shall yield the right- of-way to the vehicle making the left turn* Section 72. VEHICLE ENTERING THROUGH HIGH.111AY OR STOP INTERSECTION.— (a) The driver of a vehicle shall stop as re- quired by this act at the entrance to a through highway and shall yield the right-of-way to other vehicles which have en- tered the intersection from said through highwayo or which are approaching so closely on said through highway as to constitute an immediate hazards but said driver., having so yielded, may proceed, and the drivers of all other vehicles approaching the intersection on said through highway shall yield the right-of- way to the vehicle so proceeding into or across the through highway* (b) The driver of a vehicle shall likewise stop in -22- obedience to a stop sign as required herein at an intersecti on where a stop sign is ere cted at one or more entrances thereto, although not a part of a through highway, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed* Section 73* OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.— (a) Upon the immediate ap- proach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistles, or bell, the driver of every other vehicle shall yield the riSht-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 highways clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, ex- cept when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persona using the highway. MISCELLANEOUS RULES Section 74. UNATTENDED MOTOR VEHICLE.-- No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ig- nitions and removing the key, or when standing upon any per- ceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the high- way* Section 759 OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM.-- (a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons exceeding threes as to obstruct the view of the driver -23- to the front or sides of the vehicle, or as to interfere with the driver 's control over the driving mechanism of the vehic16* (b) No passenger in a vehicle shall ride in such pos- ition as to interfere with the driver 's view ahead or to the sides., or to interfere with his control over the driving mech- anism of the vehicle* Section 76. FOLLOWING FIRE APPARATUS PROHIBITED.-- The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm* Section 77* CROSSING FIRE H03E*-- No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, to be used at any fire or alarm of fire, without the consent of the fire depart- ment official in command* Section 78* PUTTING GLASSO ETC., ON HIGITNAY PRO- HIBITED*-- (a) No person shall throw or deposit upon any high- way any glass bottle, glass, nails, tacks, wire, cans., or any other substance likely to injure any person, animal, or vehicle upon such highway* (b) Any person who drops,, or permits to be dropped or thrown, upon any highway any destructive or injurious mat- erial shall immediately remove the game or cause it to be re- moved* (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious sub- stance dropped upon the highway from such vehicle* Section 79. LAMPS ON BfCYCLES.-- Every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front, and with a lamp on the rear exhibiting a red light visible from a distance of 500 feet to the rear; except that a red reflector may be used in lieu of a rear light. -24- ACCIDENTS Section 80e ACC"IDENTS INVOLVING DEATH OR YERSONAL, INJURIES.-- (a) The driver of any vehicle involved in an- ac- cident resulting in injury to or death of any person shall im- mediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section (82) , Every such stop shall be made without obstructing traffic more than is nec- essary* (b) Any person failing to stop or comply with said re- quirements under such circumstances shall upon conviction be pun- ished by a fine of not more than ($500, ) or 6 months imprison- ments or by both such fine and imprisonment* Section 81. ACCIDENT INVOLVING DAMAGE TO VEHICLE*-- The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall forthwith return to and in every event shal remain at the scene of such accident until he has fulfilled the requirements of section (88) . Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor* Every such stop shall be made without obstructing traffic more than is necessary* Section 62* 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 person shall give his name, address, and the registration number of the vehicle he is driv- ing, and shall upon request and if available exhibit his oper- atorls or chauffeur 's license to the person struck.. or the driver -25- or occupant of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable as- sistance, including the carrying., or the making of arrangements for the carrying, of such person to a physician, surgeon, or hos- pital for medical or surgical treatment is necessary or if such carrying is requested by the injured person. Section 839 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 84* DUTY UPON STRIKING SIXTURES UPON A HIGH- 1WAY.-- The driver of any vehicle involved in an accident re- sulting only in damage to fixtures legally upon or adjacent to a 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 ve- hicle he is driving., and shall upon request and if available ex- hibit his operator 's or chauffeur's license, and shall make re- port of such accident when and as required in section 85 hereof* Section 85. DUTY TO REPORT ACCIDENT.— (a) The driver of a vehicle involved in an accident resulting in injury to or death. of any person or total property damage to an apparent ex- tent of $10 or more shall., within 24 hours after such accident, forward a written report of such accident to the police depart- ment of this village, which report may be a copy of the accident report required to be filed with the State department of motor vehicles under the laws of this State. (b) The Police department of this village may require -26- any driver of a vehicle involved in an accident of which report must be made as provided in this s.ection to file supplement re- ports whenever the original report is insufficient in the opin- ion of said department, and may require witnesses of accidents to render reports to said department* Section 86# 11VI17EN DRIVIM UNABLE TO REPORT.-- Whenever the driver of a vehicle is physically incapable of making a re- quired ac6ident report and there was another occupancy in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report. Section 87* ACCIDENT REPORTS CONFIDENTIAL.— All re- qiired accident reports and supplemental reports shall be with- out prejudice to the individual so reporting and shall be for the confidential use of the police department, except that the police department may disclose the identity of a person involv- ed 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 u on demand of any court, a certificate show- P ing that a specified accident report has or has not been made to the police department, solely to prove a compliance or a failure to comply with the requirement that such a report be made to the police departmente ARTICLE VI EqUIPMENT Section 88* SCOPE AND EFFECT OF REGULATIONS,— It is a misdemeanor for any person to drive or move for the owner to cause or knowingly permit to be driven or moved on any street or thoroughfare any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped -27.- with such lamps and other equipment in proper condition and ad- justments as required in this article, or which is equipped in any- manner in violation of this article, or for any person to do any act forbidden or fail to perform any act required under this arti- cle* Section 89* WHEN LIGHTED LAYIPS ARE REqUIRED.-- (a) Every vehicle upon a street or thoroughfare within this village at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is no sufficient light to render clearly discernible persons and vehicles on the streets or thoro- oughfares at a distance of 500 feet ahead, shall display lighted lamps and illuminating devices . (b) Vaienever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or device shall be visible, said provisions shall apply during the times stated in subdivision (a) of this section upon a, straight, level, unlight- ed highway under normal atmospheric conditions unless a differ- ent time or condition is expressly stated* Section 90. HEAD LAL'IFS ON I'vIOTOR VEHICLES.-- (a) Every motor vehicle other than a motorcycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the re- quirements and limitations set forth in this articl6* (b) Every motorcycle shall be equipped with at least one and not more than two head lam-os which shall comply with the requirements and limitations of this articla* Section 91. TAIL LA1,,PS.-- (a) Every motor vehicle, trailero semi-trailer and pole trailer, and any other vehicle which is being drawn at the end of a trail of vehicles shall be equipped with at least one tail lamp mounted on the rear, which when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of 500 feet to the rear, -2B- provided that in the case of a train of vehicles only t�ae tail lamp on the rear-most vehicle need actunlly be seen from the distance specified* (b) Either a tail lamp or a separate lamp shall be so constructed and p2aced as to illuminate with a white light the rear registration plate and render it clearly legible from a dis- tance of 50 feet to the rear. Any tail lamp or tail lamps, to- gether with any separate lamp from illuminating the rear regist- ration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted* Section 92. SIGI��'AL LAMPS AND SIGNAL DEVICES.— (a) Any motor vehicle may be equipped, and when a signal lamp or devise is required under this Act shall be equipped, with. a signal lamp or signal device which is so constructed and located on the ve- hicle as to give a signal of intention to stop which shall be red or yellow in color and signals of intention to turn to the right or left, all of which signals shall be plainly visible and understandable in normal sunlight and at night from a distance of 100 feet to the front and rear, but shall not project a glar- ing or dazzling light; except that a stop signal need be visible only from the rear* (b) All mechanical signal devices shall be self-illum- inated when in use at the times mentioned in Section 86* Section 93. HEADLIGHT REQUIREMIE-11TTS.-- The headlights required under this Act shall be of such intensity, that when lighted, they will reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading* Section 94. REUIREMENTS FOR USE OF LOWER BEAM AND AUXILIARY LIGHTS.— 71hen the headlights as required ,under this Act are multibeam, the lower or passing beam shall be used at all times when approaching within 500 feet of an oncoming vehicle. And all auxiliary lights, other than those required by this Act, shall be extinguished until such vehicle has passed* -29- Section 95. BRAKE EQUIPMENT REQUIRED.-- (a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall' be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels . If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without' brakes on at least two wheels . (b) Every motorcycle, and bicycle with motor attached, when operated upon a street or thoroughfare shall be. equipped with at least one brake., which may be operated by hand or foot. (c) Every trailer or semi-trailer of a gross weight of 3,000 pounds or more when operated upon a street or thoroughfare shall be equipped with brakes adequate to control the movement of and to stop and 'to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall be so designed and connected that in case of an accidental breakway of the towed vehicle the brakes shall be automatically applied* W Performance ability of brakes* Every motor vehicle or combination of motor-drawn vehicles shall be capable at all times and under all conditions of loading, of being stopped on a dry, smooth level road free from loose material, upon appli- cation of the service (foot) brake, within the distance specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances : Ft. to Stop from 20 mi. p. h. Vehicles or combinations of ve- hicles having brakes on all wheels 30 Vehicles or combinations of ve- hicles not having brakes on all wheels 40 -30- (e) Maintenance of brakes . All brakes shall be main- tained in good working order and shall be so adjusted as to op- erate as equally as practicable with respect to the wheels on opposite sides of the vehicle* Section 96* HORNS AND `,11ARNING DEVICES.— (a) Every motor vehicle when operated upon a street br thoroughfare, shall be equipped with a horn in good working order and capable of emitting sound audable under normal. conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonable loud or harsh sound or whistle, The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a street or thorough- fare . (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this Act* Section 97* MUFFLER, PREVENTION OF NOISE.-- Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent ex- cessive or unusual noise and annoying smoke, and no person shall use a muffler cutout., bypass, or similar device upon a motor vehicle on a street or thoroughfare. Section 98* MIRRORS.-- Every motor 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 equip- ped with a mirror so located as to reflect to the driver a view of the street or thoroughfare for a distance of at least 200 feet to the rear of such vehicle * Section 99* 111INDSHIELDS MUST BE UNOBSTRUCTED AND EQUIPPED IWITH WIPERS.— _�a) No person whall drive any motor vehicle with any sign, or other nontransparent material upon -31- the front windshield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be so displayed by law* (b) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other mois- ture from the windshield, - which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order* ARTICLE VII PEDESTRIANS RIGHTS AND DUTIES Section 100* PEDESTRIANS SUBJECT TO TRAFFIC CONTROL SIGNALS .-- Pedestrians shall be subject to traffic control signals at intersection as heretofore declared in this act, but at all other places pedestrians shall be accorded the privil- eges and shall be subject to the restrictions as hereinafter statedo Section 101* PEDESTRIANS? RIGHT OF WAY AT CROSS1VALK.S* (a) where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise pro- vided in this article * (b) -,,,'Ihenever any vehicle is stopped at a marked cross- 1salk or at any unmarkedcrosswalk at an intersection to p6rmit a pedestrian to cross the roadway, the driver of any other ve- hicle approaahing from the rear shall not overtake and pass such stopped vehicle * Section 102* CROSSING AT OTHER THAN CROSSWALKS.— (a) Every pedestrian crossing a roadway at any p6int other than within a marked crosswalk,, or within an unmarked crosswalk at an intersection$shall yield the right-of-way to all vehicles upon the roadway (b) Between adjacent intersections at which traffic -32- control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (c) Notwithstanding the provisions of this sections, every driver of a vehicle shall exercise due care to avoid col- liding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise� proper precaution upon observing any child or any confused or incapacitated person upon a roadway* Section 103. PEDESTRIANS TO USE RIGHT HALF OF CROSS- ,JVALKS--- Pedestrians shall move, whenever practicable, upon the right half of crosswalkse Section 104e PEDESTRIANS SOLICITING RIDES.-- No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle* ARTICLE VIII SAFETY ZONES Section 105* BOARDING OR ALIGHTING VEHICLES.-- No person shall board or alight from any vehicle while such vehicle is in motion* Section 106. TRrLA',,VFUL RIDING.-- No person shall ride on any vehicle upon any pertion 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 per- sons riding within truckbodies in space intended for merchandise * Section 1079 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 manner as to prevent the use of any street for pur- poses of travel for a period of time longer than 5 minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching, It shall be unlawful for any railroad train to stop within an intersection or on a cross- walk for the purpose of receiving or discharging passengers * -33- ARTICLE IX PENALTIES AND PROCEDURE ON ARREST Section 10B* PENALTIES.-- Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than ($500) or by imprisormient for not more than 6 Months or by both such fine and imprisonment. Section 109. FAILURE TO OBEY NOTICE OR SUMMONS.— (a) Any person who wilfully fails to appear in answer to a summons given by an officer upon an arrest for any traffic violation is guilty of a misdemeanor regardless of the disposition of the charge on which he was originally arrested* (b) Any driver of a motor vehicle who wilfully neglects to answer to the charges set forth in a notice affixed to such motor vehicle by a police officer as provided by any ordinance of this village is guilty of the charge for which the notice was originally issued* Section 110# APPEARANCE AT TRAFFIC VIOLATIONS BUREAU. (a) Any person sho has received any notice to appear in answer to a traffic charge under the ordinances of this city (except for failure to stop in event of accident, reckless driv- ing, driving under the influence of intoxicating liquors, or ver 50 MPH speedin may within the time specified in the notice answer at the traffic violations bureau to the charges set forth in such' notice by paying a prescribed fine and., in writing.. plead- ing guilty to the charges waiving a hearing in court and giving power of attorney to the person in charge of the bureau to make such a plea and pay such fine in courts Acceptance of the pre- scribed fine and the power of attorney by the bureau shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states * (b) Any person who has been guilty of two or more vio- lations of the provisions of the traffic ordinances of this city within the preceeding 12 months shall not be permitted to pay a fine at the traffic violations bureaus and he must deposit cash -34- bail equivalent to double the prescribed fine for appearance in court at a time specified by the bureau* Section 111 . OVINER RESPONSIBLE FOR ILLEGAL PARKING.— No person shall allow, permitp or suffer any vehicle registered in his name to stand or park in any street or thonoughfare in this village in violation of any of the ordinances of this village regulating the standing or parking of vehicles . Section 112* POLICE AUTHORIZED TO HAVE MOTOR VEHICLES OR OBSTRUCTIONS REMOVED FROM STREETS OR PUBLIC THOROUGHFARES.— The police department of Miiami Shores Village is here- by authorized and empowered to remove any vehicle or obstruction from the streets or thoroughfares of said village when it con- stitutes a traffic hazard.. and also when a vehicle or an ob- struction has been in one certain location on' the streets or thoroughfares for a period of 12 hours or more *. In all instances, every effort must be made to ascertain and notify the owner of said vehicle or obstruction to remove same., before removal is made on order of the Police Department. In the event the removal is made upon the order of the police department, the owner shall, upon claiming his property., pay such costs as may be involved* Costs, in these cases, shall be reasonable and not excessive* Section 113* PUNISHMENT PROVIDED FOR VIOLATION.-- Ex- cept for the parts of this ordinance where punishments are spec- ifically specified, any person, persons, firm or corporation, whos or which, shall for himself or through another violate tl'a provisions of this ordinance, shall be punished by a fine of not exceeding (.'�00) or by imprisonment at hard labor on the streets or other public works of the Village, or any other lawful place during a period not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the Court of the Village, and each day on which this ordinance shall be violated shall be construed as a separate and distinct offense* .35- Section 114. EFFECT OF ORDINANCE*-- -If any part or parts .of this ordinance are for any reason held to be invalid, such de- cision shall not affect the validity of the remaining portions of this ordinanceo -J Section ll� o REPEAL.-- Ordinance Noo 18 and Ordinance 81 Section 9, (former traffic ordinance of the village) of this village is hereby repealed., and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this or- dinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance here- by repealed prior to the taking effect of this ordinanceo -K Section 116o SHORT TITLE.-- This ordinance may be known and cited as the Traffic Ordinanceo Section 117o Each word, phrase, sentence or section of this ordinance shall be severable and the invalidity of any word, phra"se., , sentence or section shall in no way or degree impair any other part or parts thereofo Section 118o This ordinance shall be effective immed- iately upon its passage* UNANIMOUSLY PASSED AND ADOPTED this— day of rc_� A. D.Jq 19-7Z. ATTEST: Mayor i il k an ger lla -, Clerk SCHEDUL19 Section 46. STOP BEFORE ENTERING A THROUGH STNZT. In accordance with the provisions of Section 1+6., and when signs are placed giving notice thereofp drivers of vehicles shall stop at every inter- section before entering any of the following streets or parts of streets: N.W. 2nd Ave. - at N.W. 105th ST., N.W. 107th ST... N.W. 109th ST.,* N.W. 110th ST.t N.W. Ulth ST.0 N.W. 3-12th TER. N. MIAMI AVE. N.E. 2nd AVE. N.E. /+th AVE. - at N.E. 105th ST... N.E. 10/+th ST.,, N.E. 102nd ST... N.E. 101st ST., N.E. 100th ST.., N.E. 99th ST.,. N.E. 98th ST.t N.E. /+th AVE. RD.,, N.E. 97th ST... N.E. 91+th ST.9 N.S. 93rd ST., N.E. 92nd ST., N.E. 91st ST. N.E. 6th AVE. BISCAYNE BLVD. N.E. 10th AVE. at N.E. 98th ST.,, N.E. 97th ST.,, N.E. 95th ST... N.E. 94th ST... N.E. 93rd ST.,, N.E. 92nd ST. GRAND CONCOURSE from N.E. 2nd AVE. to N.E, 6th AVE, N.W. 95th ST. - at N.W. lot AVE.t N.W. lot CT.t N.W. 2nd AVE,t N.W. 2nd CT.p N.W. 2nd PL. N.E. 95th ST. - at N.E, lot AVE9 N.E. 3rd AVE., N,E, J+th AVE.p N.E. 5th AVE- N.W. 96th ST. - at N.W, lot AVE. N.E. 96th ST. - at N.E. lot AVE... N.F. 10th AVE... N.P. 12th AVE. N.E. 100th ST. at N.E. lot AVE. N.W. 103rd ST. at N.W. lot AVE.2 N.W. MIAMI CT. N.E. 103rd ST. at N.E. lot AVE., N.F. 3rd AVE.. N.E. 4th AVE. N.E. 5th AVE. N.W. 115th ST. at N.W. 2nd AVE.p MIAMI AVE. N.E. 105th ST. at N.E. 5th AVE.