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O-277-57 ORDINANCE NO---- 277 AN ORDINANCE ADOPTING THE MODEL TRAFFIC ORDINANCE RECOMMENDED BY THE DADE COUNTY CITIZENS SAFETY COUNCIL AND THE UNIVERSITY OF MIAMI SCHOOL OF LAW; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVID- ING FOR A PENALTY CLAUSE. WHE1MS0 the Dade County Citizens Safety Council in conjunction with the University of Miami School of Law and the Automotive Safety Foundation of Washington, D. C. have prepared a model traffic ordinance for the municipali- ties located within Dade County, Florida; and IREEMS, the prepared model traffic ordinance is designed to ac- complish uniform traffic laws within those municipalities within Dade County, Florida; and 'WHERE-AS, this Council finds and determines that there is a great public need for a uniform traffic ordinance due to the many present conflicting ordinances within those municipalities located in Dade County, Florida; WHEREAS, many municipalities have indicated a willingness to adopt the model traffic ordinance as prepared to accomplish uniformity of laws and interpretation of those laws by the courts of the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY MIA14I SHORES VILLAGE; that the "Model Traffic Ordinance" as' recommended by the Dade COUnty Citizens Safety Council and the University of Miami School of Law as set forth, herein be and the same is hereby adopted. ARTICLE I RIGHT-OF-WAY, AND THROUGH STREETSv AND SPECIAL STOPS REQUI M Section l.--Vehicles approaching or entering intersectiono--(a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different street or highway. (b) When two vehicles enter an intersection from different roadways at the same time2 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 streets and highways and as otherwise hereinafter stated in this article. Section 2.--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 all vehicles approaching from the opposite direction which are within the intersection or so clomthereto as to constitute an immediate hazard. Section 3.--Vehicles entering through street intersection,--(a) The driver of a vehicle shall stop as required by this ordinance at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection from said through street, or which are approaching so closely on said through street as to constitute an immediate hazard. Section 4.--Vehicles entering stop intersection or approaching railroad crossing.--When signs are erected giving notice thereof, the driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an inter- section or a railroad crossing where a stop sign is erected at one or more entrances thereto, although not a part of a through streets 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, except when otherwise directed by a 'police officer or traffic control signal, Section 5.--Vehicle entering street from private road or driveway.--The driver of a vehicle about to enter or cross a street from a private road or driveway shall yield the right-of-way to all vehicles approaching on said street. Section 6.--Stop before entering or emerging from alley or private driveway.-- (a) The driver of a vehicle entering or emerging from an alley way, drivewayg or building shall stop such vehicle immediately prior to driving onto a sidewalk or into a sidewalk area extending acrosss any alley way, or private drivewayl yielding the right-of-way to all traffic, vehicle or pedestrian, approaching in said alley way, driveway, or sidewalk, or upon said street. (b) The driver of a vehicle entering or emerging from an alley, drivewayg or building in a business district shall except when entering or emerging from a one-way street only turn such vehicle to the right, Section 7.--Stop when traffic obstructed.--No operator of a vehicle shall enter an intersection or a marked crosswalk unless there is sufficient space beyond such intersection or crosswalk in 'the direction on which said vehicle is proceed- ing to accommodate the vehicle without obstructing the passage of other vehicles or pedestriansy notwithstanding any traffic-control signal indication to proceed. Section 8#--Obedience to signal indicating approach of railroad train or bridge opening.--(a) Whenever any person driving a vehicle approaches a rail- road grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a traint the driver of such vehicle shall stop within 50 feet but not nearer than 10 feet from the nearest track,of such railroad or barriersq and shall not proceed until he can do so safely. (b) The driver of a vehicle shall stop said vehicle and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach of a railroad train. (c) No person shall drive any vehicle throughg around, or under any crossing g,ate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed, (d) The above stopping requirements shall apply also when a railroad train approaching the street crossing emits an audible signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard, or when an approaching railroad train is plainly visible and is in hazardous proxi- -'ty of such crossing. rd Section 9.--Certain vehicles must stop at all railroad grade crossings..-(a) The driver of any common carrier carrying passengers, or of any school bus carry- ing any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not nearer than 10 feet from the nearest rail or such railroads and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely, W No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed, (c) when stopping as required at such railroad crossing the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the street or roadway is marked for 4 or more lanes of traffic, ARTICIE II - SPEED RESTRICTIONS Section 10.--Speed laws applicable.--(a) The traffic laws regulating the speed of vehicles within this municipality shall be applicable upon all streets within this municipality and it shall be prima facie unlawful for any person to drive a vehicle in excess of any speed so declared in this ordinance or in vio. lation of any lawful sign giving notice of any limit declared by the Traffic Engineer. (b) Speed laws applicable* The speed limit laws of this municipality shall be as follows: (1) 15 miles per hour in any school zone; (2) 20 miles per hour in any business district; (3) 10 miles per hour in any alley; (4) 30 miles per hour in all other parts of this municipality where no signs are posted authori- zing greater speeds. (c) The Traffic Engineer is hereby given full authority and control upon the basis of traffic engineering and investigation to determine where speed limits in excess of 30 miles per hour are proper and suitable and to there place and maintain signs authorizing a speed greater than 30 miles per hour. Section ll.--Special hazards.--The fact that the speed of a vehicle is lower than the foregoing limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crestt when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestriansp or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. Section 12.--Minimum speed regulation.--No person shall drive a motor vehicle on any street at such a slow speed as to impede or block the normal and reason- able forward movement of traffic, except when a reduced speed shall be necessary for safe operation of such vehicle or in compliance with law. If any person shall drive a motor vehicle at a speed 30 slow as to impede the forward movement of traffic proceeding immediately behind such vehicle, on any street whereon a higher speed shall be lawful, then said person shall, when the width of the roadway permits, drive to the extreme right side of the street until such impeded traffic shall have passed by. Section 13.--Emergency vehicles not subject to speed limits*--The speed limita- tions set forth in this ordinance shall not apply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound audible signal by bell, siren, or exhaust whistle, This provision shall not relieve the driver -2- of an authorized emergency vehicle from the duty to drive with due regard to the safety of all persons using the street, nor shall it protect the driver of any such vehicle from the consequences of a reckless disregard for the safety of others. Section 14.-- Notice charging violation shall designate speed.--In every of violation of this ordinanceg the complaint, also the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven. ARTICLE, III TURNING AND STOPPING AND SIGNALS ON STOPPING AND TURNING Section 15.--When Signal Required.--(a) No person shall turn a vehicle from a direct course upon a roadway unless and until such movement can be made with reasonable safety and then only after giving a clearly audible signal by sound- ing the horn if any pedestrian may be affected by such movement or after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by such movement* (b) A signal of intention to turn right or left shall be given during not less than the last 100 feet travelled by the vehicle before turning regardless of the weather. (c) No person shall stop or suddenly decrease the speed of a vehicle with- out first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear. Section 16*--Required position and method of 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 practicable to the right-hand curb or edge of the roadway* (b) Where both intersecting roadways are two-way, the 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 center line of the roadway being entered, and in all cases except where otherwise directed by signs or marking simultaneous left turns by opposing traffic should be made in front of each other. (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 the turn shall be made by turning from the right of such center line where it enters the intersection as close as practicable to the left-hand curb of the one-way roadway* (d) 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 roadway being entered upon leaving the intersection, and the approach for such turn shall be made as close as practicable to the left-hand curb of the one-way street. (e) Where both intersecting roadways are one-wayt both the approach for a left turn and a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway* Section 17.--Obedience to no-turn signs.--Whenever authorized signs are erected indicating that no right or left or U turn is permittedg no driver of a vehicle shall disobey the directions of any such signs* Section 18.--Limitations on U-turns.--No driver of any vehicle shall turn such vehicle so as to proceed in the opposite direction upon any street in a business district, or at any intersection controled by traffic signalg and shall not make said U-turn upon any other street except at an intersection, and then only from the right-hand side of the street when such movement can be made in safety and without interferring with other traffic. Section 19.--Moving parked vehicle.--No person except when stopping, standing or parking where angle parking is permitted, shall start a vehicle which is stopped, standing, or parked on a street without first giving the visible signal as provided in Section 23 (d) of his intention so to do, and in no case unless and until such movement can be made with safety. -3- Section 20.--Limitations on backing.--The driver of vehicle shall not reverse the same unless such movement can be ma-le with reasonable safety and without interferring with other trafficq and shall not back into a street intersectiong or on or over a cross walk, or around a street corner and in no event shall the distance of the backing movement exceed 50 feet, and in every case shall yield -';-,he right-of-way to moving traffic and pedestrians* Section 21.--Opening door of and entering and emerging from vehicle.--No person shall open the door ofp or enter or emerge from any vehicle in the path of any approaching vehicle. Section 22..-Signals by hand and arm or signal device*--The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal deAce of a type approved by the Stateg but when a vehicle is so con- structed or loaded that a hand and am signal would not be visible both to the front and rear of such vehicle then said signals must be given by such a lamp or device. Section 23.--Hethod of giving hand and arm signals.--All signals herein re- quired given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (a) Left turn--Hand and arm extended horizontally (b) Right turn--Hand and am extended upward (c) Stop or decrease of speed--Hand and arm extended downward (d) Re-entering lane of traffic from parked position--Hand and arm extended horizontally. ARTICLE IV DRIVING ON RIGHT SIDE OF ROADWAY-- OVMTAKING AND PASSING Section 24,--Drive on right side of roadway--exceptionso--(a) Upon all road- ways of sufficient width a vehicle shall. be driven upon the right half of the roadwayv except as follows: 1. When overtaking and passing another vehicle proceeding 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 lanes for traffic under the rules applicable thereon; or 4, Upon a roadway designated and posted for one-way traffic. Section 25.--Passing vehicles proceeding in opposite directions.--Drivers of vehicles proceeding in opposite directions shall pass each other keeping to the right2 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 26.--Overtaking a vehicle on the left.--(a) The driver of a vehicle overtaking another vehicle 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 permittedg the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Section 27.---When overtaking on the right is permitted*--.(a) A driver 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 overtakO and pass upon the right of another vehicle upon a one-way street9 or upon any roadway on which traffic is restricted to one direction of movementq where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles, but only under condi- tions permitting such movement in safety. In no event shall such movement be inade by driving off the pavement or main-traveled portion of the roadway. -4- Section 28.--Limitations on overtaking on the left.--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 sufficient distance ahead to permit such overtaking and passirilto be completely made without interferr- ing with the safe operation of any vehicle approaching from the opposite direc- tion or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within approximately 100 feet of any vehicle approaching from the opposite direction. Section 29.--One-way streets, alleys and rotary traffic island.--(a) Upon a street or alleydesignated and signposted for one-way traffic a vehicle shall be driven only in the direction designated. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. Section 30.--Driving on roadways laned for traffic*--Whenever any roadway has been divided into three or more clearly marked lanes for traffic the follow- ing rules in addition to all other consistent herewith shall apply. (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first as- certained that such movement can be made with safety. (b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is cle-aIrly 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 direc- tion the vehicle is proceeding and is signposted to give notice of such alloca- tion. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane. Section 31*--Driving on divided streets,--Whenever any street has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across9 or within any such dividing space, barrier or sec- tion, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by the traffic engineer. Section 32.--Restricted access.--When signs are erected giving notice thereoft no person shall drive a vehicle onto or from any controlled-access roadway except at those entrances and exists which are indicated by said signs. ARTICLE V METHOD OF PARKING Section 33.--Standing or parking close to curb.--Except where angle park- ing or parking on one-way streets is permitted by this ordinanceg every vehicle stopped or parked upon a street where there is an adjacent curb shall be so stopped or parked with the right hand wheels of such vehicle parallel with and within approximately 12 inches of the right-hand curb. Section 34.--Obedience to angle-parking signs or markings.--Upon those streets which have been signed or marked by the traffic engineer for angle parking, no person shall stop, stand or park vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. Section 35.--Permit for loading and unloading at an angle to the curb.--No persons shall stop, stand, or park any vehicle at right angles to the curb for the purpose of loading or unloading of merchandise without a permit issued by the traffic engineer or his authorized representative. Section 36.--Lights on parked vehicles.--(a) Whenever a vehicle equipped with all reflectors required by law is lawfully parked at night-time upon any street within this municipality, no lights need be displayed upon such parked vehicle. -5- (b) Any lighted headlamps upon a parked vehicle shall be depressed or dimmedl in event cowl or parking lamps are not used. ARTICLE, VI STOPPING, STANDING9 OR PARKING PROHIBTED IN SPECIFIED PLACES Section 37.--Stopping, standing, or parking prohibited in specified places, --(a) 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; So Within an intersection; 4. Within 15 feet of fire hydrant; 5, On a crosswalk; 6. Within 20 feet of a crosswalk at an intersection; 7. Within 30 feet of any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway; 8, Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zonev unless the traffic engineer indicates a different length by signs or markings; 9, Within 50 feet of the nearest rail of a railroad or bridge; 10. Within 20 feet of the driveway entrance to any fire station andt on the side of a roadway opposite the entrance to any fire station, within 75 feet of said entrance when properly signposted; 11. Alongside or opposite any street or highway excavation or obstruction when such stoppingg 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 street or within a street tunnel; 14, At any place where official signs prohibit stopping, standing or park- ing. (b) No person shall move a vehicle not owned by or in charge of such person, into any such prohibited area or away from a curb such distance as is unlawful, Section 38.--Unattended motor vehicle.--No person driving or in charge of any motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. No vehicle shall be permitted to stand unattended upon any perceptible grade,, without stopping the engine and effectively setting the brake thereon, and turning the front wheels to the curb or side of the street. Section 39.--Parking not to obstruct traffic.--(a) No person shall park any vehicle upon a street, in such manner or under such conditions as to leave avail- able less than 10 feet of the width of the roadway for free movement of vehicular traffic. (b) Where streets are not completely paved or curbs provided, the parking of a car shall not usurp more than 1211 of the paved portion of the street. Section 40.--Stopping, standing, or parking in alleys.--(a) No person shall stop, stand, or park a vehicle within an alley in a business district except for the expeditious loading or unloading of materials, and in no event for a period of more than 20 minutes, and no person shall stop, stand, or park a vehicle in any other alley in such a manner, or under such conditions as to leave avail- able less than 10 feet of the width of the roadway for the free movement of vehicular traffic. (b) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property. Section 41.--Authority to remove and impound vehicles*--(a) Whenever any police officer finds a vehicle standing upon a street or alley in violation of any of the foregoing provisions of this article, such officer is hereby authorized to move such vehicle, or require the driver or person in charge of the vehicle to move the same to a position off the paved or improved or main traveled part of such street or alley. -6- (b) Whenever any police officer finds a vehicle unattended upon any street, bridge, or causeway, or in any tunnel within this municipality where such vehicle constitutes an obstruction to traffic, such officer is hereby au- thorized to provide for the removal of such vehicle in accordance with the pro- visions of Sections 145 and 146. Section 42,,--All-ni.ght parking proh.ibited.--No person, except physicians or other persons on emergency calls, shall park a vehicle on any street marked to prohibit all night parking and giving notice thereof, for a period of time longer than 30 minutes between the hours of 2 a.m. and 5 a.m. of any day. Section 43.--Parking for certain purposes prohibited.--No persons shall park a vehicle upon any street for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessi- tated by an emergency. (3) Displaying advertising. (4) Selling merchandise from such vehicle. (5) Storage, or as junkage or dead storage for more than 24 hours. Section 44*--Parking adjacent to schools.--When signs are erected giving notice thereof, no person shall park upon either or both sides of any street adjacent to any school. Section 45.--Parking prohibited on narrow streets.--When official signs are erected prohibiting parking upon narrow streets, no person shall park a vehicle upon any such street. Section 46.--Standing or parking on one-way streets.--When appropriate signs are erected giving notice thereof, no person shall stand or park a vehicle upon the left-hand side of any one-way street. Section 47.--Standing or parking on one-way roadways.--In the event a street includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left- hand side of such one-way roadway unless signs are erected to permit such stand- ing or parking. Section 48.--Stopping, standing, or parking near hazardous or congested places.--When official signs are erected at hazardous or congested places, no person shall stoli stand, or park a vehicle in any such designated place. ARTICLE VII STOPPING FOR LOADING AND UNLOADING ONLY Section 49.--Standing in passenger curb loading zone.--No person shall stop, stand, or park a vehicle for any purpose or period of time except for the ex- peditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such passenger curb loading zone are effective, and then only for a period not to exceed five minutes. Section 50.--Standing in freight curb loading zone.--(a) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty minutes. (b) The driver of a vehicle may stop temporarily at a place marked as a freight curb loading zone, while acutally engaged in loading or unloading passen- gers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone, -7- Section 51.--Standing in restricted parking zone.--No person shall stop, stand, or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is re- stricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance Trith the purpose to which parking is restricted. Section 52.--Stopping, standing, or parking of buses and taxicabs regulated.-- The operator of a bus or taxicab shall not stop, stando or park upon any street in any business district at any place other than at a bus stop, or taxicab stand, respectively, except that this provision shall not prevent the operator of any such vehicle from temporarily stopping in accordance with other stopping, standings or parking regulations at any place for the purpose of and while engaged in the expeditious unloading or loading of passengers. Section 53.--Restricted use of bus and taxicab stands.--No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately marked, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and whila actually engaged in the expeditious load- ing or unloading of passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. ARTICLE VIII STOPPING AND STANDINGt OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS Section 54.--Application of article.--The provisions of this article pro- hibiting the stopping, standing, or parking of a vehicle shall apply at all times or at those herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compli- ance with the lawful directions of a police officer or official traffic-control device. Section 55.--Regulations not exclusive.--The provisions of this article impos- ing a time limit on parking shall not relieve any person from the duty to ob- serve other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. Section 56.--Parking prohibited at all times on certain streets.--When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets so marked. Section 57.--Parking prohibited at all times at certain places.--No person shall park a vehicle at any time on any of the following parts of streetst side- walks, or sidewalk areas, where signs are erected giving notice thereof; (I) In front of a theater entrance. (2) In front of the entrance or exit of a hotel. (3) In front of the entrance to any building where in the opinion of the traffic engineer parking should be prohibited for public safety. Section 58.--Stopping, standing, or parking prohibited during certain hours on certain streets.--When signs are erected giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified of any day ex- cept Sundays and full legal holidays, upon any of the streets so marked. Section 59.--Parking time limited on certain streets.--When signs are erected giving notice thereof, no person shall stopt stand or park a vehicle for longer than the time designated by said signs at any time between those hours so stated by said signs on any day except Sundays and full legal holidays, upon any of the streets so marked. -8- Section 60.--Metered parking zones.--(a) When parking meters are erected giving notice thereof, no person shall stop, standt or park a vehicle in any metered parking zone for a period of tine longer than designated by said park- ing meters upon the deposit of a coin oi. United States currency of the designated denomination on any day except Sundays, legal holidays, and nightime unless otherwise posted. (b) Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted, and with the front end of such vehicle immediately opposite the parking meter for such space. W It is a violation of this ordinance for any person to deposit or at- tempt to deposit in any parking meter any thing other than a lawful coin of the United States, or any coin that is bent, cut, torn, batteredg or otherwise mis-shapen. It is a violation of this ordinance for any unauthorized person to remove, deface, tamper with, open, willfully break. destroy, or damage any park- ing meter, and no person shall willfully manipulate any parking meter in such a manner that the indicator will fail to show the correct amount of unexpired time before a violation. ARTICLE IX MISCELLANEOUS RULES Section 61.--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 a number of persons exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the mechanism of the vehicle, (b) No passenger in a vehicle shall, ride in such position as to interfere with the driver's view ahead or to the sidesq or to interfere with his control over the driving mechanism of the vehicle. (c) No person in a common carrier shall stand beyond the safety line which shall be inlaidr constructed in the floor, or painted upon the floor, so as to interfere witht or obstruct the driver's view to the front or sides, or to ob- struct the view of signal he may give to drivers of other vehicles, (d) No vehicle shall be operated upon any street unless visability through any required equipment is clear and unless such vehicle complies with the pro- visions of subsection (f) of this section. (e) No person shall drive any motor vehicle with any signq poster, or other non-transparent material upon the front windshieldg sidewingsv side or rear windows of such vehicle so as to obstruct the driver's view, other than a certi- ficate or other paper required to be so displayed by law* W The windshield on every motor vehicle shall be equipped with a device in operating condition for cleaning the windshieldv which device shall be so con- structed as to be controlled or operated by the driver* (g) No person shall drive any motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle. (h) No owner shall display upon any part of his vehicle any official de- signation, signq or insigniag of any public or quasi-public corporationg muni- cipalg statev or national department or government subdivision without authority of such agency. Section 62.--Mufflers' Prevention of noise.--(a) Every motor vehicle shall at all times be equipped with a muffler in good working order to prevent excessive or unusual noisev and no person shall operate a motor vehicle on the streets equipped with a muffler cut outv by-passg or similar device* (b) A "muffler" as used herein is defined as a device consisting of a series of chambers or other mechanical devices designed for receiving the exhaust gases from an internal combustion engine for the purpose of breaking up the sound waves and the diffusion of smoke emitting from such engine. (c) No person shall introduce any foreign material or obstruction into the muffler or exhaust pipe which causes or is capable of causing exhaust games to ignite, burn, or flash in any manner or form. -9- Section 63.--rollowing fire apparatus prohibited.--No driver of any vehicle other than an authorized emergency vehirle on official business shall follow any fire apparatus traveling in respons(.., to a fire alarm closer than 500 feet or drive into or park such vehicle withL-i the block where fire apparatus has stopped in answer to a fire alarm. Section 64.--Crossing fire hose.--No vehicle shall be driven over any un- protected hose of a fire department when laid down on any street or private driveway for use at any fire or alarm of fire or practice runs, without the consent of the fire or police department official in command. Section 65.--Following too closely.­The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles, and the traffic upon and the condi- 'Lion of the streets and shall maintain proper control of the vehicle at all times. Section 66.--Overtaking and passing school bus-School bus to bear sign--lihere school bus to stop. (a) Any person usingg operating, or driving a motor vehicle upon or over the roads or streets of this municipality, upon approaching any school bus used in transporting school pupils to or from school, while such bus is stopped upon the roads or streets of this municipalityt is required to bring such motor vehicle to a full stop before passing such school bus; pro- videdt that said bus is properly identified by being painted a uniform color as approved by the state board of education, with the words "School Bus" on the front and back in black letters at least six inches high. If a stop signal which meets standard requirements prescribed by the state board shall be displayed from the bus, said signal shall be due warning to the drive of any approaching vehcile that children may be on the highway and such vehicle shall not pass the school bus until the signal has been withdrawn. (b) Every school bus shall stop as far to the right of the street as pos- sible before discharging or loading passengers and, when possiblev shall not stop where the visibility is obscured for a distance of 200 feet either way from the bus, Section 67.--Driving through funeral or other procession.--No operator of a vehicle shall drive between the vehicles, personsv or animals comprising a funeral or other authorized procession when such funeral or procession vehicles are properly identified by pennants or other authorized insignia and while such funeral or procession is in motion except when otherwise directed by a police officer. This provision shall not apply to authorized emergency vehicles as defined in this ordinance. Section 68.--Drivers and participants in a procession.--All vehicles or per- sons, comprising a funeral or other procession shall proceed as near to the right-hand edge of the roadway as practicable and shall follow the preceding vehicles or persons in such procession as closely as is practicable and safe. Section 69.--When permits required for paradesq processionsg and sound trucks,--(a) No procession or parade, excepting the forces of the United States armed services, the military forces of this Statep and the forces of the police and fire departments, shall occupyp marchv or proceed along any street or roadway except in 4ccordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. No sound truck or other vehicle equipped with amplifier or loudspeaker shall be driven upon any street for the purpose of selling, offering for sale, or advertis- ing in any fashion. (b) No over-sized or over-weight vehicle or equipment may be driven$ occupy or proceed upon 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 70.--Vehicles shall not be driven on a sidewallGr-The driver of a vehicle hall not drive upon or within any sidewalk area except at a pe6=ent or temporary drivewaye Section 71.--Driving through safety zones prohibited,--No vehicle shall at any time be driven through or within a safety zone. _10- Section 72.--Riding on motorcycles.-.-A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator .shall not carry any other person nor shall any other person ride on a motor- cycle unless such motorcycle is equipped to carry more than one person, Section 73.--Clinging to vehicles.--Any person riding upon any bicycle, motorcycle2 motor-driven cyclev coaster, roller skates or any toy vehicle shall not attach the same or himself to any vehicle upon any street. Section 74.--Boarding or alighting from vehicles.--No person shall board or alight from any vehicle while such vehicle is in motion. Section 75.--Unlawful riding.--No person shall. ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers. This pro- vision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies in space intended for merchandise, Section 76.-..Lights and brakes and other parts of equipment.---No person shall drive, move, stop or park, and no person shall cause or knowingly permit to be driven moved, stopped or parked on any street any private or commercial vehicle (a) which is in such unsafe condition as to endanger any person or propertyv or, (b) which is not equipped with those lamps, reflectors, brakes, horn, and other warning and signalling devices, windows, windshield, mirrors, mufflersq fenders and tires, and such other parts and equipment of a vehicle, meeting the require- ments of the lawa of the State of Florida as to such parts and equipment of a vehicle on the highways of the state, or (c) do any act forbidden, or fail to perform any act required by the laws of the State of Florida relating to the lamps, brakes, fendersp and other parts and equipment, size, weightv and load as to such a vehicle on the highways of the state; provided, however, an authorized emergency vehicle may be equipped with and may display flashing lights. Section 77.--Inspection of vehicles.--It is unlawful for any person to drive, stop, or park, or for the owner to cause or knowingly permit to be driven, stoppedt or parked on any street within this municipality any vehicle which is required under the laws of the State of Florida or as required by this Village to be inspected, unless such vehicle has been inspected and has attached thereto, in proper position, a valid and unexpired certificate of inspection. Section 78.--Height, Length and Weight of Vehicle.--(a) No person shall drive, move, stop or park9 and no owner shall cause or knowingly permit to be driven, moved, stopped or parked on any street of this municipality an vehicle or vehicles of a size or weight or gross loaded weight exceeding the maximum limitations specified in the laws of the State of Florida as to such size, weight, and gross loaded weight unless such person or owner is authorized to drive, stop, or park such vehicle of a size or weight exceeding the maximum by special permit. (b) The provisions of this section shall not apply to fire apparatus, road machinery, temporarily moved upon a street. Section 79.­Restrictions on farm tractors, trailers, trucks and commercial vehicles upon use of streets.--When signs are erected giving notice thereof, no person shall operate or stop, stand, or park any farm tractorg trailer, semi- trailer, truck or commercial vehicle at any time upon any of the streets. (b) It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle unless said vehicle is designated by lettering of 311 minimum size on either side indicating the name of the firm or the name of the corporation or person operating the same for a commercial use. -'U- Section 80.--Licensing of vehicles.--Every vehicle, at all times while driven, stopped or parked upon any streets of this municipality shall be licensed in the name of the owner thereof in accordance with the laws of the State of Florida, unless such vehicle is not required by the laws of the State of Florida to be licensed in this state, and shall unless otherwise provided by statute display the license plate or both of the license plates assigned to it by the State of Florida, one on the rear and if two, the other on the front of said vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle, in such manner as to prevent said plates from swinging, with all letters, numerals, printings writing, and other identification marks upon said plates clear and distinct and free from defacement2 mutilation, grease and other obscuring matters so that they shall be plainly visible and legible at all times 100 feet from the rear or front. No license plates other than those furnished by the State of Florida shall be used; providedo howeverp if such vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, or by a territoryo possession or dis- trict of the United States, or a foreign countryt substantially complying with the provisions hereof, shall be considered as complying with this ordinance, ARTICLE X POESTRIMI RIGHTS AND DUTIES Section 81.--Pedestrians subject to traffic-control signals,--Pedestrians shall be subject to traffic-control signals at intersections as hereinafter de- clared in section 82 of this ordinance, and at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article. Section 82.--Pedestrians' right-of-way at crosswalks.--(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 un- marked crosswalk at an intersection, except as otherwise provided in this article, (b) 'Whenever any vehicle is stopped at a marked crosswalk or at any un- marked crosswalk at an intersection to permit a pedestrian to cross the road- way, the driver of any other vehicle approaching from the rear shall neither overtake nor pass such vehicle. (c) Whenever special pedestrian-control signals exhibiting the words "walle' or "wait" are in place such signals shall indicate as follows: 1. "walk4l--Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles* 2. "wait"--No pedestrian shall start to cross the roadway in the di- rection of such signal, but any pedestrian who has partially completed his crossing on the "walk" signal may proceed to a sidewalk or safety island while the "wait" signal is showing. 39 Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross the roadway except in a marked cross- walk. (d) No pedestrian shall cross a roadway other than in a crosswalk upon any through street* �1 (e) A pedestrian shall yield the right-of-way to an emergency vehicle as provided in section 113 (b)o Section 83.--Pedestrians to use right-half of crosswalk.--Pedestrians shall moves whenever practicable, upon the right half of crosswalk. Section 84,--Crossing at right angles.--No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curbo Section 85.--Crossing at other than crosswalks.--(a) Every pedestrian cross- ing a roadway at any point 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. _12- Section 85.--Pedestrians to walk on left side of roadway where slidewalks not provided; not to solicit rides.--(a) Fedestrians walking along a street or roadway where sidewalks are not provided shall walk on the left side of the street or roadway facing approaching traffic. (b) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. (c) Part (a) of this section applying to pedestrians shall also be applicable to riders of animals. Section 87.--Drivers to exercise due care.--Notwithstanding the provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sound- ing the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway, ARTICLE, XI REGULATIONS FOR BICYCLES Section 88.--Effect of regulations.--(a) It is a violation of this ordinance for any person to do any apt forbidden or fail to perform any act required in this article. (b) No parent of any minor child and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to Violate any of the provisions of this article, (c) This article shall apply whenever a bicycle is operated upon any streetv or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. Section 89.--Traffic laws apply to persons riding bicycles.--Every person riding a bicycle upon the street shall be subject to all of the duties applicable to'the driver of a vehicle by the ordinance of this municipalityg, except as to special sections in this article and except as to those provisions of this ordinance which by their nature have no application. Section 90.--Obedience to traffic-control devices.--(a) All persons operating a bicycle shall obey the instructions of official traffic-control signalsv signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. (b) Whenever authorized signs are erected indicating that no rightq or leftq or U turn is permitted, no person operating a bicycle shall disobey the direc- tion of any such signs, except where such persons dismount from the bicycle -to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians, Section 91.--Riding on Bicycles.--(a) No person propelling a bicycle shall ride other than astride a permanent and regular seat attached theretee (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equippede Section 92.--Riding on roadways and bicycle paths.--(a) Every person opera- ting a bicycle upon a street shall ride as near to the right-hand side of the roadway as practicablet exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or roadways, or parts of roadways9 set aside for the exclusive use of bicycles# (c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. Section 93.--Speed.--No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existingo Section 94.--atering or. emerging from alley, drivewayv or building.--The operator of a bicycle entering or emerging from an alley, drivewayq or buildingg shall, upon approaching a sidewalk, or the sidewalk area extending across any alleyway or drivewayp yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadwayp shall yield the right-of-way to all vehicles approaching on said roadway. -13- Section 95.--Carrying articles.--No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand firmly upon the handle bars, ai.. , in full control of such bicycle. Section 96.--Parking.--No person shall stand or park a bicycle upon a street other than upon the roadway against the curb, or upon the sidewalk, in a rack to support the bicycle, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. Section 97.--Riding on sidewalks.--(a) No person shall ride a bicycle upon a sidewalk within a business district. (b) IThen signs are erected on any sidewalk or street which prohibit the riding of bicycles thereon byany persong no person shall disobey such signs. (C) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. Section 98.--License required.--No person, who resides within this municipality, shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles, unless such bicycle has been licensed and a license plate attached thereto as provided herein, Section 99.--License application.--Application for every bicycle license and license plate shall be made upon a form provided by this municipality and shall be made to the chief of police. A license fee of 25 cents shall be paid to the municipality before each license is granted. No removal of license shall be necessary unless said license shall have been revoked or suspended for violation of this ordinance. Section 100.--Issuance of license.--(a) The chief of police upon receiving proper application and payment of license fee therefor is authorized to issue a bicycle license which shall be effective upon issuance. (b) The chief of police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and the number of the frame of the bicycle for which issued, and a record of all bicycle license fees collected by him. License fees so collected shall be remitted monthly to the clerk or treasurer who shall give a receipt therefor. Section 101.--Attachment of license plate.--(a) The chief of police upon issuing a bicycle license shall also issue a license plate bearing the license number assigned to the bicycle and the name of this municipality. ' (b) The chief of police shall require such license plate to be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (c) No person shall remove a license plate from a bicycle except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any street in this municipality. Section 102.--Transfer of ownership.--Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate and shall either surrender the same to the chief of police or may upon proper application, upon payment of additional fee, have said plate assigned to another bicycle owned by the applicant. Section 103.--Rental agencies.--A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as provided herein, and unless such bicycle is equipped with the lamps and other equipment required in this article. Section 104.--Lamps on bicycles--(a) 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 meeting the requirements of this article may be used in lieu of the red light. All such lamps and reflectors shall be in place and in operation whenever such bicycle is operated after sundown. (b) No person shall operate a bicycle unless it is equipped with a bell or device capable of giving signal audible for a distance of at least 100 feetq but no bicycle shall be equipped with, n(r shall any person use upon a bicycle, any siren or whistle. -14- (c) Every bicycle shall be equipped with a brake which will enable the operator to make a braked wheel-skid on dry, level, clean pavement. Section 105.--Penalties.--Every person found guilty of a violation of any provisions of this article shall be punished by a fine of not more than 25 dollars, or by removal and detention of the license plate from such person's bicycle for a period not to exceed 90 days or by impounding of such personts bicycle for a period not to exceed 90 days. Upon the recommendation of a Judge of a Juvenile Court or a Competent Court having jurisdiction over the person of a minor, the chief of police may remove and detain the license from such minorus bicycle for such period as said court may determine. ARTICLE XII ENFORCEMNT OF AND OBEDIENCE TO TRAFFIC REGULATIONS Section 106.--Authority of police and fire department officials.--(a) It is the duty of the officers of the police department or such officers as are assigned by the chief of police, to enforce all traffic ordinances of this municipality and of the state vehicle laws applicable to street and highway traffic in this municipality. (b) Officers of the police department, or such special officers as are assigned by the chief of police, are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic ordinancesq provided that, in the event of a fire or other emergency or to expedite traffic or to safe- guard pedestrians, officers of the police department may direct traffic as con- ditions may require notwithstanding the provisions of the traffic ordinance. (c) Members of the fire departmentg when at the scene of a fire, may assist the police in directing traffic thereat or in the immediate vicinity. Section 107.--Required obedience to traffic ordinance.--It is a violation of this ordinance for any person to do any act forbidden, or fail to perform any act required in this ordinance. Section 108.--Obedience to police and fire department officials.--No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, or member of the fire department at the scene of a fire. Section 109.--Traffic laws apply to persons riding on bicycles, or on animals or driving animal-drawn vehicles.--(a) Every person riding a bicycle or driving any animal drawing a vehicle upon a street shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions of this ordinance which by their nature can have no application. (b) Persons riding or leading animals on or along any street shall ride or lead such animals on the left side of said street facing approaching traffic. -Section 110.--Use of coasters, roller skates, and similar devices restricted. --No person upon roller skatesq or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of this municipality. Section 11l.--Public employees to obey traffic regulations.--(a) The pro- visions of this ordinance applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivi- sion of the state subject to such specific exceptions as are set forth in this ordinance with references to authorized emergency vehicles, (b) The provisions of this ordinance shall not apply to personsg motor vehicles, and other equipment while actvally engaged in work upon the surface of the street, but shall apply to such �nrsonsq vehicles and equipment when traveling to or from such work. These provisions shall not relieve the driver of any such vehicle or equipment from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Section 112.--Authorized emergency vehicles.--(a) The driver of any autho- rized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle, except when otherwise di- rect-ed by 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 down to such speed as may be necessary for safe operation,- (3) Exceed the speed limits, so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions, so long as he does not endanger life or property. (c) 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 and the vehicle displays a lighted red lamp visible from the front,, as a warning to others. (d) No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected vio- lator of the law. Section 113.--Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.--(a) Upon the immediate approach of an autho- rized emergency vehicle, when the driver is giving audible signal, by siren, ex- haust whistle, or bell, the driver of every other vehicle shall yield the right- of-way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge of curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency ve- hicle has passed except when otherwise directed by a police officer. (b) Every pedestrian shall yield the right-of-way and shall immediately leave the roadway, and remain out of the roadway, until. the authorized emergency vehicle has passed except when otherwise directed by a police officer. ARTICLE, XIII INCOMPETENT DRIVEPS9 DRIVING WHILE INTOXICATED, RECKLESS DRIVING, AND CARELESS DRIVING Section 114.--Incompetent drivers--drivers' licenses.--(a) No person under the age of sixteen years, without a special permit as provided by the laws of the State of Florida, and no person physically or mentally disabled or incapacitated in any particular, temporarily or permanentlyg shall drive a motor vehicle upon the streets of this municipality, provided such disability or incapacity is such as to interfere with the ready and safe operation of such vehicle. (b) No person shall drive a motor vehicle upon the streets of this municipality unless such person has a valid operator's license issued by the State of Florida, or such operator's license as is required of such person. under the laws of the state, or chauffeurvs license if a chauffeur's license is required. Section 115.--Permitting incompetents to drive.--No owner, and no person hav- ing charge or control of any motor vehicle, shall permit any prohibited person as in Section 114 to drive the same. -16- Section 116.--Driv-ing while under the influence of liquor or drugs.­(a) It is a violation of this ordinance for any person while under the influence of intoxicating liquor or narcotic drug-, or any other drugs when affected to the extent -that his or her normal faculties are impaired, or who is an habitual user of narcotic drugs or other drugs, to drive any vehicle upc;n any street within this municipality. (b) Every person who is found guilty of a violation of this �iection shall be punished as provided for by law. (c) Every finding of guilty under this section shall be reported to the Department of Public Safety of the State of Florida, or such other agency a,�-. may by statute be designated for the purpose of supervising the licensing of drivers and chauffeurs. Section 117.--Reckless driving.­(a) Any person who drives any vehicle with- in tha.s nuni,cipality in such a manner as 'to indicate either a willful or wan-ton disregard for the safety of persons or property is guilty of reckless driving. (b) Every person found guilty of' reckless driving shall be punished as pro-, vided for by law. Section 1.18.--Careless driving.­Every person operating a vehicle upon the streets within this municipality shall drive. the same in a careful, and prudent manner, having regard for the width, grade, curves, corners, traffic and use of these streets and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in, such manner shall constitute careless driving and a violation of this ordinance. (b) ARTICLE, XIV ALCIDENTS Section 119.-,-Accidents involving death or personal injuries or damage to vehicles.--(a) The driver of any vehicle directly involved in an acciden't re- sulting in injury to or death to any person., or resulting in damage to a vehicle which is driven or attended by any person shall �mmediately 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 remain at the scene of the accident until he has fulfilled the requirements of section 120. (b) Any person failing -to stop or comply with said requirements under such circumstances shall be guilty of violations of this ordinance, and shall upon being found quilty be punished as provided for by law. Section 120.--Duty to give information and render aid.­(a) The driver of any vehicle involved in. an accident resulting in injwry to or dleath of any person or damage to any vehicle which is driven or attended byany person shall give his nameg address, and the registration number of the vehicle he is driv- ing and shall upon request exhibit his operator9s or chauffeur5s license to the person struck or the driver, or occupant of or person attending any vehicle collided with and where practical. shall render to any, person injured in such accident reasonable assistance, including the making of arrangements for the carrying of such person to a physician, surgeong or hospital, for medical or surgical creatment if necessary-, or if such carrying is requested by the injured person, Section 1.2l.--Duty to report accidents Lmmediately.­(a) The driver of a vehicle involved in an accident resulting in injury ar death to any person, or any property damage shall by 'the quickest means of communication,, give notice of such accident to the police department. No vehicle involved in any accident shall be moved except when so ordered by a police officer. -17- (b) The police department may require any driver of a vehicle involved in an accident to file written reports and supplemental reports concerning said accident, whenever the original informaiion is insufficient in the opinion of the police department, and may require witnesses of such accidents to render reports to the police department. (c) Every law enforcement officer who, in the regular course of duty, in- vestigates a motor vehicle accident of which report must be made as required in this sectio�. , either at the time of and at the scene of the accident or there. after, by interviewing participants or witnesses shall within 24 hours after completing such investigation forward a written report of such accident to the police department. It shall be the duty of all police officers and other peace of-Cicers to report to the Department of Public Safety of the State of Florida, or such other agency as may by statute be designated, on the form provided, all accidents within a reasonable' time after they receive such information. Section 122.--When driver unable to report.--Whenever the driver of a vehicle is physically incapable of making a required accident report and there was another occupant 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 123.--Accident report forms.--(a) The police department shall se- cure from the Motor Vehicle Division of the Department of Public Safety of the State of Florida, or such other agency as may b;* statute be authorized to supply the same, forms for accident reports required hereundert and thereon shall re- port sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existingg and the persons and vehicles in- volved. (b) Every -accident report required to be made in writing shall be made on an approved form. Section 124.--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 vehicleg or shall leave securely attached in a con- spicuous place in the vehicle struckg 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, and shall report such accident as pro- vided in Section 121 hereof. Section 125.--Duty upon striking fixtures on a street or roadway,--The driver of any vehicle involved in an accident resulting only in damage to fix- tures legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address and of the registration number of the vehicle he is driv- ing, and shall upon request exhibit his operator's or chauffeur's license and shall make such report of such accident when and as required in Section 121 hereof. Section 126,--Garages to report.--The person in charge of any garage or re- pair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident, or struck by any bullet, shall report to the police department within 24 hours after such vehicle is received and before any repairs are made to such vehicle, giving the engine numbert registration numbery and if known, the name and address of the owner and operator of such vehicle, together with any other discernible information. Section 127.--Driver's Accident reports confidential.--All accident reports and supplemental reports required of drivers of vehicles by Section 121 (a) and (b) shall be without prejudice to the individual reportingg and shall be for the confidential use of the police department and of the State Department of Public Safetyg except that the police department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the police department shall furnish upon demand of any court a certificate showing 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 require- ment that such a report be made to the department. -18- ARTICLE XV TRAFFIC VIOIATIONS BUREAU Section 123.--Traffic violations bureau created.--(a) The police magis- trate may establish a traffic violations bureau to assist the court with the clerical work of traffic cases. The bureau shall be in charge of such person or persons and shall be open on such days excluding Sundays and full legal holidays and at such hours as the police magistrate may designate. (b) The police magistrate or magistrates who hear traffic cases shall designate the traffic ordinances of this municipality for violation of which payments of fines may be accepted by the traffic violations bureau, and shall specify by suitable schedules the amount of such fines for firstv second, or s�bsequent offensesq provided such fines are within the limits provided by law, and shall further specify what number of such offenses shall require an appearcuice before the magistrate. (c) The police magistrate or magistrates are hereby authorized to suspend the payment of any costs, or fine, or penalty, and to remit any costs or fine or penalty assessed for any violation of any provision of this ordinance, and to suspend any jail sentence imposed for a violation of any provision of this ordinance. Section 129,--When person charged may elect to appear at bureau or before judge.-�-(a) Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau shall have the option of (1) paying such 'Line within the time specified in the traffic citation or notice of arrest at -the traffic violations bureau, upon entering a plea of guilty and upon waiving appearance in court; or (2) depositing any required lawful bail, and upon a plea of not guilty shall be entitled to a .trial as authorized by law. (b) The payment of a fine to said bureau shall be deemed an acknowledgment of violation of the designated ordinance and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof* Section 130.--Duties of traffic violations bureau,--The following duties are hereby imposed upon the traffic violations bureau in reference to traffic offenses: (1) It shall accept designated fines, issue receipts, and represent in court such violators as are permitted and desire to plead guiltyq waive court appearance, and give power of attorney. (2) It shall receive and issue receipts for bail from the persons who must, or wish to be heard in court, enter the time of their appearance on the court docket, and notify the arresting officer and witnesses, if anyv to be presenti (3) It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding 12 monthsg whether such guilt was established in court or in the traffic violations bureau. Section 131.--Traffic violations bureau to keep records.--The traffic- viola- tions bureau shall keep records and submit summarized monthly reports to the police department of all notices and citations issued and arrests made for violations of the traffic laws and ordinances in this municipality, and of all fines collected by the traffic violations bureau, and of the final disposition or present status of every case of violation of the provisions of said ordin- ances. Such records shall be so maintained as to show all types of violations and the totals of each.. Said records shall be public records. Section 132.--Additional duties of traffic violations bureau.--The traffic violations bureau shall follow such procedures as may be prescribed by the traffic ordinances of this municipality, or as may be required by any laws of the State of Florida. ARTICLE XVI PENALTIES, PARTIES, AND PROCEDURE ON ARREST Section 133.--Parties.--Every person who commits, attempts to commit, con- spires to commit, or aids or abets in the commissioning of, any act declared herein to be in violation of the ordinances of this municipalityt whether in- dividuallyt or in connection with one or more other persons, or as a principal, agent, or accessory, shall be guilty of such offense, and every person who _19.. falsely, fraudulently, forcibly, or willfully induces, causesp coercesp requires, permits, or directs another to violate any provision of this ordinance is like- wise guilty of such offense. Section 134.--Offenses by persons owning or controlling vehicles.--Neither the owner, or any person, employing or otherwise directing the driver of any vehicle, shall require or knowingly permit the operation of such vehicle upon a street of this municipality in any manner contrary to law. Section 135.--Penalties.--Unless another penalty is expressly provided hereing every person found guilty of a violation of any provision of this ordinance, may be punished by imprisonment and/or fined not in excess of the punishment pro- vided for in the City Charter. Section 136 --Forms and notices of citations, arrest or appearance,--The municipality s;all provide in triplicate, suitable serially numbered forms for notifying alleged violators to appear and answer to charges of violating traffic ordinances, Such forms shall be issued to and receipted for by the chief of police or other person acting for him. These reports shall be public records, Section 137.--Procedure upon arrest.--(a) In every case of arrest under Section 116, Persons under influence of intoxicating liquor or of drugs, and Section 117, Reckless driving, or where it appears doubtful whether the vio- lator will appear pursuant to a written citation or notice, the violator shall be kept in custody, and in every other case of arrest, where the violation is willful, wanton, and deliberate, the violator may be kept in custody, by the police department, unless lawfully released on bondq until trial, or until he shall have complied with the penalty imposed by the court, as the case may be. (b) Except when directed by this ordinance to keep in custody a person arrested for a violation of any of the traffic ordinances, or where any lawful bail is required, any police officerg upon making an arrest for violation of the traffic ordinances of this municipality, shall take the name, address,, and operatorts license number of the alleged violator and the registration number of the motor vehicle involved, and shall issue to him in writing on the form provided by the Village, a citation or notice to answer to the charge against him at a place and at a time at least 48 hours after such arrest unless the person arrested shall demand an earlier hearing, to be specified in the notice. (c) The place specified in said notice to appear must be before a magis- trate within the municipality in which the offense charged is alleged to have been committed, and before a magistrate who has jurisdiction of such offenses. (d) (e) Section 138.--Failure to obey notice or summons.--(a) The violation of a promise to appear, given to an officer upon arrest of issuance of a traffic citation for any traffic violation, shall constitute a violation of this ordi- nance regardless of the disposition of the original charge. (b) A promise to appear in court may be complied with by an appearance by counsel, (c) The foregoing provisions of this ordinance shall govern all police officers in making arrests without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. Section 139.--Notice on illegally parked vehicle.--lihenever any motor ve- hicle without driver is found parked, stopped, or standing, in violation of any of the restrictions imposed by ordinance of this municipality, the officer find- ing such vehicle shall take its registration number, and may take any other information displayed on the vehicle which may identify its user, and shall con- spicuously affix to such a vehicle a traffic citation or notice in writing, on a form providedv for the driver to answer the charge against him within 48 hours, during the hours and at a place specified in the notice. -20- Section 140.--Fai,lure to comply with notice attached to parked vehicle.-- If a violator of the restrictions on stopping, standing, or parking under these ordinances does not appear in response tG a notice or citation affixed to such motor vehicle within a period of 48 hours the chief of police or the traffic violations bureau shall send the owner of the motor vehicle to which the notice or citation was affixed, a letter informing him of the violation, and warning him that in the event such letter is disregarded for a period of 5 days a warrant: of arrest will be issued. Section 141.--Presumption in reference to illegal parking, operating, stop- ping, etc.--(a) In any prosecution charging a violation of any ordinance govern- ing the stopping, standingg parking, or operating of a vehicle, prodf that the particular vehicle described in the complaint was parked or operated in violation of any such ordinance or regulationg together with proof that the defendant named in the complaint was at the time of such parking or operating the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who stoppedg stood, parked, or operated such vehicle at the point where, and for the time during which, such violation occurred. (b) The foregoing stated presumption shall apply only when the procedure as prescribed in Sections 139 and 140 has been followed. Section 142.--Iffien Warrant is to be issued.--(a) In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the Police Magistrate's Court or the traffic violations bureau, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the chief of police or a clerk of the traffic violations bureau shall forthwith secure and issue and have served a warrant for his arrest. Section 143.—Disposition of traffic fines and forfeitures.--(a) All fines or forfeitures collected upon a finding of violation of ordinancep or upon the forfeitures of bail of any person charged with violation of any of the provi- sions of this ordinance, shall be paid into the municipal treasury any deposited in the general fund. (b) The police magistrate or magistrates are hereby authorized to suspend the payment of any costs, or fine, or penalty, and to remit any costs or fine or penalty assessed for any violation of any provision of this ordinance, and to suspend any jail sentence imposed for a violation of any provision of this ordinance. Section 144.--Official misconduct.--Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeituret either before or after a deposit in said fund, to comply with the provisions of Section 143 shall constitute misconduct in office and shall be grounds for removal therefrom. Section 145,--Authority to impound vehicles.--(a) Members of a police de- partment are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or by this municipality, under the circumstances hereinafter enumbrated: (1) When any vehicle is left unattended upon any bridge, causeway, or via- duct, or in any subway, where such vehicle constitutes an obstruction to traffic. (2) 'When a vehicle upon a street is so disabled as to constitute an ob- struction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapaciated to such an extent as to be unable to provide for its custody and removal a (3) When a vehicle is found being ridden upon the streets and is not in proper condition to be driven. (4) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal move- ment of traffic. _21- (5) When any vehicle is left unattended upon a street continuously for more than 24 hours and may be presumed to be abandoned. (6) When the driver of such vehicle is taken into custody by the police de- partment and such vehicle would thereby be left unattended upon a street. (7) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (8) Any violator taken into custody pursuant to Section 137 may at the dis- cretion of the Police Magistrate be released without posting bond, if the vio- lator agrees to the impounding in a garage of the vehicle owned and driven by the violator or to surrender his or her driver's license to insure the violators appearance in the municipal court to answer the charges against same, and pay such fine as may be assessed against the violator. (9) Section 146.--Notice of impounding.--(a) Whenever an officer removes a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain the name and address of the owner thereofq such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (b) Whenever an officer removes a vehicle from a street under this section, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore pro- vided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the Motor Vehicle Division of the State, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall include a complete description of the vehiclev the date, time, and place from which removedq the reasons for such removal, and the name of the garage or place where the vehicle is stored. PART C. ADMINISTRATION ARTICLE XVII TRAFFIC ADMINISTRATION Section 147.--Duties of Police Department.--It shall be the duty of the Chief of Police with such aid as may be rendered by other members of the police depart- ment to enforce the provisions of this ordinance and the State vehicle laws applicable to traffic in this municipalityp to make arrests for traffic viola- tions, to assist in the prosecution of persons charged with such violationsq to investigate accidentsv to cooperate with the traffic engineer and other offi- cials of the municipality in the administration of the traffic ordinance and in developing ways and means to improve traffic conditionsv and to carry out those duties specially imposed by this ordinance and the traffic ordinances of this municipality. Section 148.--Police Department to submit annual traffic-safety report.--The police department shall annually prepare a traffic report which shall be filed with the mayor or city manager. Such report shall contain information on traffic matters in this municipality as followsg (a) The number of traffic accidentsq the number of persons killed, the num- ber of persons injuredv and other pertinent traffic accident data; (b) The number of traffic accidents investigated and other pertinent data on the safety activities of the police. (c) Plans and recommendations for future traffic safety activities. _22- Section 149.--Records of traffic vio'Lations.--(a) The chief of police or other officer of the police department Ps designated by the chief, or by the clerk of the traffic violations bureau, .1hall keep a record of all violations of the traffic ordinance of this municipality except standing or parking violations, together with a record of the final disposition of all such alleged offenses. Such record shall so be maintained as to show the types of violations and the totals of each. Said record shall accumulate during at least a 3-year period and from that time on, -the record shall be maintained complete for the most re- cent 3-year period. M All forms for records of violations and notices of violations which' shall 4mclude traffic "tickets" issued by police officers, shall be serially n-Laribered. For each month and year a written record shall be kept available Lo the public showing the disposal of all such forms, and such records, notices, and reports shall be Public records. Section -150.--Traffic accident form.--lihenever the accidents at any particular location become numerous, the Police Department shall cooperate with the traffic engineer in conducting studies of such accidents and determining remedial mea- sures, Section 151.--Traffic Accident Reports.--(a) The police- department shall maintain a suitable system of filing traffic acC4 dent reports. Accident re- ports, or cards referring to them, shall be filed alphabetically by locationg Such reports shall be available for the use and information of the traffic en- gineer. (b) The police department shall receive and properly file all accident re- ports made to it under State law, or under any ordinances of this municipality, but all such accident reports made by drivers shall be solely for the confiden- tial use of the police department, the traffic engineer, the Motor Vehicle divi- sion of the State Department of Public Safety, and the State Road Department, and no such report shall be admissible in any civil or criminal, proceeding other than upon request of the person making such report or upon request of the court having jurisdiction to prove a compliance with the laws requiring the making of any such report, Section 152.--Drivers file$ to be maintained.­(a) The police department shall maintain a suitable record of all traffic accidentsp warnings, arrest, convic- tions, and complaints reported for each driver except those concerning standing or parking, which shall ,be filed alphabetically under the name of the driver concerned. (b) Such records shall accumulate during at least a 3-year period and from that time on, such records-shall be maintained complete for at leastthe most recent 3-year period. Section 153.--The Traffic Engineer.--(a) The office of Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the Village Mana- ger, of the municipality and shall exercise the powers and duties provided in this ordinance. In the absence of such appointment, and at such other times as the Traffic Engineer may be absent from the municipality or incapable of perform- ing his duties, the duties and powers of the Traffic Engineer shall be vested in a duly appointed assistant Traffic Engineer, or if none, or if such assistant be absent from the municipality, or incapable of performing his duties, the said duties shall be vested in. the chief of police, or other municipal official as determined and authorized by the Village Manager. (b) It is the general duty of the traffic engineer, or chief of police, if no traffic engineer appointed, to plan and determine the installation and proper timing and maintenance of traffic-control devices; to plan and direct the operation of traffic on the streets of this municipality; including parking areas; to conduct investigations of traffic conditions; to cooperate with other municipal and state officials and make recommendations for the improvement of traffic movement and conditions, including improvements in streets, and to carry out the additional powers and duties imposed by ordinances of this municipality or as directed by the Village Manager or the governing body. -23- Section 154.­Authority to designate throu2�i streets.--The traffic engineer or such dully appointed representative a4, is authorized in Section 153 (a), is hereby authorized to designate streets, or parts of said streets, as through streets. Section 155.--Through streels other, than state highways and under the jurisdiction of this municipality, designated..--Those streets and pa:rts of streets designated as such are hereby declared to be through streets for the purpose of this ordinance. Section 156.--Authority to erect stop signs at through streets.­14henever any ordinance of this municipality designates and describes a through street, it shall be the duty of the traffic engineer to place and maintain a stop sign on each and every street intersecting such through street or intersecting that part thereof described and designated as such by any- ordinance of this municipality, except at those intersections which are controlled by automatic signala or other traffic-control devices. Section 157.­Authority to erect stop signs at other than through streets.-- (a) The traffic engineer hereby authorized to determine and designate inter- sections where a particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one or more entrances to any such inter- section, and shall er,-ct a stop sign at every place where he shall find a stop required, except at those intersections which are controlled by autematic signals or other traffic-control devi' _-e8. (b) Every said stop sign erected pursuant -to this ordinance shall be a standard sign adopted by the State Road Department. Section 158.--Authority to place and obedience to turning markers.--The traffic engineer is authorized -to place markers, buttons, or signs withing or adjacent to intersections and thereby require and direct that a different course from that specified in this article be traveled by vehicles turning at an inter- section, and when markers, buttons, or signs are so placed, no driver of a ve- hicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs. Section 159.--Authorl,ty to place restricted turn signs.--The traffic engineer is hereby authorized to determine those streets or intersections of such streets from which drivers of vehicles shall not make a right, left or U turn, and shall place proper signs upon such streets and at such intersections. The making of such turns may be prohibited between the hours of any day and permitted at other hours, in which event the same shall. be plainly indicated on the signs or they may be re.-iloved when such turns are unrestricted. Section 160.--Traffic engineer to designate crosswalks, establish safety zones, and mark traffir. lanes.­The traffic engineer is herebY authorized: (a) To designate and maintain by appropriate devices, marks, ar lines upon the surface of the roadwayg within the jurisdiction of this municipality, cross- walks at those places where he shall find that there is particular danger to pedes- trians crossing the roadway, and mhen he shall further find that the existence of a crosswalk will reduce that danger. (b) To establish safety zones of such kind and. character and at such places w1here he shall find that there is particular danger to pedestrians, and which are consistent with State law, and where he shall find that the existence of a safety zone will reduce that danger. Section 161.--Authority to sign one-way streets, roadways, and alleys.--When- ever any ordinance of this city designates any one-way street, roadway, or alley the traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs in- dicating the direction of lawfui traff-Lo m.ovement shall be places at every inter- section where movement of traffic in the opposite direction is prohibited. Section 162.­Authority to mark laries.--(a) The traffic engineer is authorized to mark lanes upon the roadway of any street whele he shall find that a regular alignment of traffic is necessary in the interests of safety and efficiency, or at such places as he giay find to be advisableg consistent with the traffic ordinances of this Piunicipality. -24- (b) Where such traffic lanes have been marked, it shall be a violation of this ordinance for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any suci. lane except when lawfully passing another vehicle or preparatory to making a. lawful turning movement. Section 163.--Authority to prohibit all-night parking.--The traffic engineer is authorized to prohibit all-night parking, and to erect signs giving notice thereof, upon any street or portion thereof, whenever in his opinion such pro- hibition is necessary or advisable in the interest of public safety. Section 164.--Authority to establish play streets.--The traffic engineer is hereby authorized to declare and to establish, whenever he shall find that the public safety and convenience are best served thereby, any street or part there- of a play street, and to place appropriate signs and barricades enclosing the roadway indicating and helping to protect the same. Section 165.--Play Streets.--Whenever authorized signs and barricades are erected enclosing any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof. Section 166.--Authority to establish traffic-control devices.--(a) The traffic engineer shall place and maintain, or remove, traffic-control signs, sig- nals, lane markingsv and other devices and shall determine the hours and days during which any traffic control device shall be in operation or be in effect, when and as required under the traffic ordinances of this municipality to indicate and to carry out the provisions of said ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of this municipality and under State law, to regulate, warn, or guide traffic, provided no stop sign or traffic-control signal shall be erected or maintained at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the State Road Department. (b) Manual and specifications for traffic-control devices.--In all respects all traffic-control signs, signals, and devices shall conform to the manual and specifications as approved by the State Road Department. All signs and signals required hereunder for a particular purpose shall be uniform as to type and lo- cation throughout the municipality. All traffic-control devices so erected and not inconsistent with the provisions of State law or this ordinance shall b6 official traffic-control devices. Section 167.--Emergency and experimental regulations.--(a) The chief of police, in collaboration with the traffic engineerg is hereby empowered to make all regu- lations necessary to make effective the provisions of the traffic ordinances of this municipality and to make and enforce temporary or experimental regulations, consistent with this ordinance, to cover emergencies or special conditions. No such regulation shall be effective and in force until and unless adequate signs, signals, or other notices are erected clearly indicating said regulation. No such temporary or experimental regulation shall remain in effect for more than 90 days. (b) The traffic engineer may test traffic-control devices under actual condi- tions of traffic. Section 168.--Authprity to determine streets and highways where angle parking permitted.--The traffic engineer shall determine the location of angle parking zones, and shall erect and maintain appropriate signs indicating the same and giv- ing notice thereof. Section 169.--Permit for loading and unloading at an angle to the curb.--The traffic engineer or chief of police is authorized to issue special permits to permit the back-loading of merchandise or material subject to the terms and con- ditions of such permit. Section 170.--Authority to prohibit or restrict, stopping2 standing, or park- ing of vehicles.--The traffic engineer is hereby authorized to prohibit or res-, trict the stopping7 standing, or parking of vehicles on any street of this muni- cipality, and to erect signs giving thereof, where, in his opinion, such stopping, standing or parking of vehicles interferes with the movement of traffic thereon. Such signs shall be official signs, and no person shall stop, stand, or park any vehicle in violation of the signs. -2=- V Section 171.--Authority to prohibit parking adjacent to schoolso--The traffic engineer is hereby authorized to prohib-It.t. parking upon either or both sides of any street adjacent to any school proper-cy, and to erect signs giving notice thereof, when such parking, in his opinion would interfere with traffic or create a hazardous situation. Section 172.--Authority to prohibit parking on narrow streets.--The traffic engineer is hereby authorized to prohibit parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street when the width of the roadway does not exceed 30 feet, and to erect signs giving notice thereof. Section 173.--Authority to prohibit standing or parking on one-way streets.­ The traffic engineer is authorized to prohibit the standing or parking of vehicles upon the left-hand side of any one-way street and to erect signs giving notice thereof. Section 174.--Authority to permit parking on one-way streets.­The traffic engineer is authorized to determine when standing or parking may be permittted upon the left-hand side of streets which include two or more separate roadways and to erect signs giving notice thereof. Section 175.--Authority to restrict stopping, standing, or parking near hazardous or congested places.--The traffic engineer is hereby authorized to de- signate by proper signs, places not exceeding 100 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. Section 176.--Traffic engineer to designate curb loading zones.--The traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the sane and stating the hours during which the privisions of this section are appli- cable, Section 177.--Traffic Engineer to designate truck routes.--The traffic engi- neer is hereby authorized to designate certain streets as truck routes to be used for the expeditious and convenient movement of trailers, semi-trailers, trucks and other commercial vehicular traffic, and shall give notice thereof by means of appropriate signs placed along such streets. Section 178.--Traffic engineer to designate public carrier stands.--The traffic engineer is hereby authorized to establish bus stops, bus stands, taxi- cab standst and stands for other passenger common-carrier motor vehicles on such public streets, in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public. Every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs. Section 179.--Parking prohibited at all times on certain streets.--The traffic engineer is hereby authorized to designate certain streets where parking shall be prohibited at all times, Section 180.--Parking prohibited at all times at certain places.--The traffic engineer shall designate certain places where parking shall be prohibited at all times and shall erect signs giving notice thereof. Section 181.--Authority to limit parking time on certain streets.--The traffic engineer shall erect signs in each block limiting the parking time on certain streets and giving notice thereof. Section 182.--Authority to determine metered parking zones.--The traffic engi- neer is hereby authorized to determine and designate metered parking zones, and to install and maintain upon any of the streets or parts of streets as many park- ing meters as necessary in said metered parking zones, where it is determined that the installation of parking meters shall be necessary to aid in the regula- tion, control, and inspection of the parking of vehicles. The parking meters may be of whatever type as determined by the Council* -26- Section 183.--Traffic engineer to impose restrictions upon use of streets.-- The traffic engineer is hereby authorized to prohibit the use of the roadway by trailers, semi-trailers, and by trucks or other commercial vehicles, and to impose limitations as to the weight thereof on designated streets where in his opinion the public safety is concerned, but said prohibitions and limitations shall not become effective until notice thereof is given by means of appropriate signs placed on such streets. Section 184.--Authority to prohibit bicycle riding on specified streets.-- The traffic engineer is authorized to erect signs on any sidewalk or street pro- hibiting the riding of bicycles thereon by any person, and when such signs are in place no person shall disobey the same. ARTICLE XVIII TRAFFIC-CONTROL DEVICES Section 185.--Obedience to official traffic-control devices.-,-No driver of a vehicle shall disobey the instructions of any traffic-control device place in accordance with the provisions of the ordinances of this municipality, unless at thetime otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this ordinance. Section 186.--When traffic devices required for enforcement purposes.--No pro- vision of this ordinance for which signs or marking are required shall be en- forced against an alleged violator, if at the time and place of the alleged vio- lation an official sign or marking is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Section 187.--Traffic-control signal legend.--Whenever traffic is controlled by traffic-'control signals exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights successively one at a time, or wi.th arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians 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 vehicular traffic including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. (2) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalkg unless such movement is governed by a pedestrian control signal. (b) Yellow alone or "Caution" when shown following the green or "Go" signal. (1) Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited. (2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadwayq and any pedestrian then starting to cross shall stop and yield the right-of-way to all vehicles, provided, however, that any pedestrian lawfully within the intersection at the time such signal is ex- hibited shall retain the right-of-way as to vehicles., (c) Red alone or "Stop." (1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection org if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. (2) No pedestrian facing such signal shall enter the roadway or other- wise interfere with any vehicular traffic, unless directed so to proceed by a pedestrian control signal. (d) Red with green arrow. (1) Vehicular traffic facing such signal may cautiously enter the in- tersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk, and to other traffic lawfully using the intersection. _27- (2) No pedestrian facing such signal. shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. (e) In the event an official traffic-control. signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no appli- cation. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. Section 188.--Pedestrian walk-and-wait signals.--Whenever special pedestrian- control signals exhibiting the words "Walk" or "Wait," or "Don't Walk," are in place, such signals shall indicate as follows: (a) �'Walk." Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles except emergency vehicles. (b) "Wait" or "Don't Walk." No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal may proceed to a sidewalk or safety zone while the lliiaitll or "Don't Walk" signal is showing. Section 189.--Flashing Signals.--Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows,- (a) Flashing red (stop signals). 1,Then a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest cross-walk, at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) Flashing yellow (caution signal.). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the inter- section or past such signal only with caution, and in no event at a speed greater than 15 miles per hour. Section 190.--Display of unauthorized signs, signals, or marking.--(a) No person shall place, maintain, or display upon or in view of any street, 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 de- vice or any railroad sign-or signal. (b) No person shall place or maintain nor shall any public authority permit upon any street and traffic sign or signal or parking meter bearing thereon any commercial advertising. (c) This shall not be deemed to prohibit the erection upon private property adjacent to streets or signs giving useful directional information and of a type that cannot be mistaken-for official signs. (d) Every such prohibited sign,, signal, or marking is hereby declared to be a public nuisance, and the traffic engineer is hereby empowered to remove the same or cause it to be removed without notice. Section 191.--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 de- vice or any railroad-sign or signal, or any inscription, shield, or insignia there- on, or any part thereof. ARTICLE XIX WORDS AND PHRASES DEFINED Section 192.--Definition of words and phrases.--The following words and phrases when used in this ordinance shall for the purpose of this ordinance have the mean- ings respectively ascribed to them in this article, except where the context clearly indicates a different meaning, SUBDIVISION I. VEHICLES, TRAFFIC, ETC., DEFINED Section 193.--(a) Motor Vehicle.--All vehicles propelled by power (other than muscular power), trailers, semi-trailers, trailer coaches, excepting, how- ever, road rollers, and vehicles which operate only upon rails or tracks in place on the ground, or that travel through the air or that derive their motive power -28- from overhead electric lines. SUBSEG�ION B, (c) Authorized emergency vehicle.--iehicles of the fire department (fire patrol)l police vehicles, and such ambulances and emergency vehicles of municipal departments, or such others as are designated or authorized by the Council or Chief of Police of this municipality. (d) Commercial vehicle.--Every ,vehicle designed, used or maintained prima- rily for the transportation of property. (e) Common Carrier.--The term "regular common carrier of passengers" shall mean all common carriers of passengers operating between fixed terminiq over regular routes and on fixed schedules. Section 194.--(a) Bicycles.--Every device propelled by human power upon which any person may ride, having two tandom wheels either of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (b) 14otorcycle,--Every motor vehicle designed to travel on not more than three wheels in contact with the ground except any vehicle as may be included within the term "tractor" as herein defined. (c) Motor-driven cycle.--Every motorcycle, including .every motor scooter, with a motor which produces not to exceed 5 horsepower, and every bicycle with motor attached, Section 195.--(a) Railroad,--A carrier of persons or property upon cars operated upon stationary rails. (b) Railroad trains.--A steam enginep electric or other motor, with or with- out cars coupled thereto, operated upon rails. Section 196.--Farm Tractor,­wEvery motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry, Section 197.--(a) Truck.�-Any motor vehicle which is used for the transporta- tion or delivery of goods with a body build and designated for that purpose. (b) Bus.--Every public motor vehicle designed for carrying more than 7 passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (c) School Bus.--Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from any school, or pri- vately owned and while being operated primarily for the transportation of child- ren to or from any school. (d) Trailer.--Every vehicle without motor power, designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. (e) Semi-trailer.--Every vehicle of the trailer type, so designed and used in conjunction with a motor vehicle that s6me part of its own weight and that of its own load rests upon or is carried by another vehicle. (f) Taxi-Taxicab.--A licensed public motor vehicle for hire designated and constructed to seat not more than seven persons and operating as a common carrier on call or demand, (g) Taxi-Taxicab Stand.--A fixed area in the roadway parallel and adjacent to the. curb set aside for taxicabs to stand or wait for passengers. Section 198.--Traffic.--Pedestrians, ridden or herded animals, vehiclest street cars, and other conveyances either singly or together while using any street for the purpose of travel. Section 199.--Right-of-way.--The privilege of the immediate use of the street. -29- Section 200.--(a) Stop.--When required means complete cessation of movement. (b) Stop, stopping, or standing.--lihen prohibited means any stopping or stand- ing of a vehicle whether occupied or not, other than the temporary stopping of a passenger vehicle for the purpose of and while actually engaged in picking up and discharging passengers, except when necessary to avoid conflict with other traf- fic or in compliance with the directions of a police officer or traffic-control sign or signal. (c) Park or parking.--When prohibited means the standing of a vehicle, whether occupied or notl otherwise than temporarily for the purpose of and while actually engaged in loading or unlaoding. (d) Double Parking or Double Standing, or Double Stopping.--The parking, standing, or stopping of a vehicle upon the roadway side of another vehicle park- ing, standing, or stopping, but not legally within, or adjacent to an open park- ing space. Section 201.--Official time standard.--lihenever certain hours are named here- in they shall mean standard time or daylight saving time as may be in current use in this municipality#* Section 202.--Holidays.--lihere used in this ordinance or on official signs erected by authorized official agencies shall in addition to Sundays mean those entire days declared by this municipality to be holidays. SUBPIVISIQN II. PERSONS, OIZMS, ETC., DEFINED Section 203.--(a) Person.--Natural persons, associations of persons, firms, partnerships, and corporations. (b) Driver.--Every person who drives or is in actual physical control of a vehicle. (c) Owner.--Any person, association of persons, firm or corporation in whose name the title to a motor vehicle is registered. , (d) Pedestrian.--Any person afoot, (e) Police officer.-.Every officer of the municipal police department or any such officer authorized to direct or regulate traffic or to make arrests. (f) Municipality.--All cities as defined by Florida Statutes. (g) Council.--The governing body of cities. (h) Other Governing Body.-- SUBDIVISION III. STREET, ETC., DEFINED Section 204.--(a) Street or highway.--Every way or place of whatever nature open to the use of the Publicq as a matter of right, for purposes of vehicular travel. The term "street" shall not be deemed to include a roadway or driveway upon grounds owned-by private persons, colleges, universities, or institutions. (b) Private road or driveway.--Every road or driveway not open to the use of the public for the purposes of vehicular travel. (c) Roadway,--Those portions of a street or highway improvedv designed, or ordinarily used for vehicular travel. (d) Sidewalk.--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.--Every street or way within a block set apart for public use, vehicular travel, and local convenience. Section 205.--(a) Laned Roadway.--A roadway the bed of which is divided into three or more clearly marked lanes for vehicular traffic. (b) Through street.--Every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required by law to stop be- fore entering or crossing the same and where stop signs are erected as provided in this ordinance. (c) Through roadway.--A roadway within a through street. (d) Restricted access streets.--Every street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such streets or roadway. -30- Section 206.--Center or center line.--A continuous or broken line marked upon the surface of a roadway by paint or otherwise to indicate each portion of the roadway allocated to traffic proceeding in the two opposite directions, and if the line is not so painted or otherwise marked, it is an imaginary line in the roadway equally distant from the edges or curbs of the roadway. Section 207.--Intersection.--(a) The area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundry lines of two or more roadways which join one another at an angle, whether or not one such roadway crosses the other* (b) Where a street includes two roadways 30 feet or more apart then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street al- so includes two roadways 30 feet or more apart, then every crossing of two road- ways of such streets shall be regarded as a separate intersection. Section 208.--Crosswalk.--(a) That portion of a roadway ordinarily included with the prolonged or connection of the lateral lines of sidewalks at inter- sections, or a portion of a roadway distinctly indicated for pedestrian cross- ing by lines or other marking on the �urface. Section 209.--(a) Safety zone.--The area or space officially set aside with- in a street for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. (b) Curb loading zone.--A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (c) Passenger curb loa#ng zone.--An area adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (d) Freight curb loading zone.--A space adjacent to a curb for -the exclusive use of vehicles during the loading or unloading of freight. (e) Bus stand.--A fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or wait- ing for passengers. Section 210.--(a) Official traffic-control devices.--All signsg signals, markings, and devices not inconsistent with this ordinance or prohibited by sta- tutet placed or erected by authority of a public body or official having juris- diction, for the purpose of regulating, warning or guiding traffic. (b) Official traffic-control signal.--Any device, whether manually, elec- trically, or mechanically operated, by which traffic is alternately directed to stop and to proceed* (c) Railroad sign or signal.--Any sign, signal, or device erected by autho- rity 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. (d) Parking meter.-i.-A mechanical timing device authorized by ordinances of this municipality to be used for the purpose of regulating parking, and which is actuated by the insertion of a coin and the operation of a lever or cranking device. (e) Business district.--The territory contiguous to a street when fifty per cent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business. (f) Residence district.--The territory contiguous to a street not comprising a business district. ARTICLE XX APPLICATION, EFFECT OF, AND SHORT TITLE Or, ORDINANCE Section 211.--Application of ordinance.--This ordinance applies to every streett alley, sidewalk, driveway, park area, and every other wayq either with- in the corporate limits of this municipality, the use of which the municipality has jurisdiction and authority to regulate* _31- Section 212.--Effect of ordinance.--If any part or parts of this ordinance are for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutiona,'I.-,-Llty of the remaining portions of this ordinance. The (Council) hereby declares that it would have passed this ordi- nance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional. Section 213.­Uniformity of interpretation between this Ordinance and the Laws of the State of Florida.--It is the dominating purpose of this Ordinance that its provisions should adopt and make applicable to this municipality the presently existing laws of the State of Florida relating to the subjects for which provision is made herein, in order that uniformity of application and interpretation may be attained, No application or interpretation of this ordinance, regardless of the wording of any section of this ordinance, shall deviate from the uniformity of application and interpretation between compar- able provisions of this ordinance and the laws of the State of Florida, ex- cept where such deviation is required by the differing governmental or admini- strative requirements. Section 214.--All ordinances or parts of ordinances in conflict with or in- consistent with the provisions of this ordinance 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 hereby repealed prior to the taking effect of this ordinance. Section 215.--Punishment provided for violation.--LNcept for the parts of this ordinance where punishments are specifically specified, any person, per- sons, firm or corporation, who, or which, shall for himself or through another violate the provisions of this ordinanceg shall be punished by a fine of not exceeding ($250) 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 dis- cretion 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. Section 216.--Short title.--This ordinance may be known and cited as the Traffic Ordinance. Section 217.--This ordinance shall be effective immediately upon its passage. UNAND40USLY MSED AND ADOPThD this 4th day of June A, D,v 1957. ATTEST: CHARIES D. BAILEY M. Antoinette Vi2eron 'Tillage Clerk -32- ��v