PART 15 - TRAFFIC AND VEHICLES

CHAPTER 1 GENERAL PROVISIONS

Section 15-101 Citation of chapter

Section 15-102 Traffic code controlling

Section 15-103 Definitions

Section 15-104 Adoption of state traffic code

Section 15-105 Traffic control; authority established (Repealed)

CHAPTER 2 ENFORCEMENT

Section 15-201 Enforcement of traffic laws

Section 15-202 Direction of traffic by hand or voice

Section 15-203 Direction of traffic by unauthorized person

Section 15-204 Obedience to police and fire officials

Section 15-205 Emergency and experimental regulations

Section 15-206 Push carts, riding animals, or driving animal drawn vehicles to comply with code

Section 15-207 Use of coasters, rollerskates, and similar devices restricted

Section 15-208 Public officers and employees to obey traffic regulations

Section 15-209 Persons working on streets, exceptions

Section 15-210 Maintenance and construction zones

Section 15-211 Possession of valid driver’s license required

Section 15-212 Operation of vehicle on invalid license or under suspension, prohibited

Section 15-213 Unlawful to operate vehicle without state vehicle license

Section 15-214 Permitting unauthorized person to drive prohibited

Section 15-215 Authorized emergency vehicles

Section 15-216 Operation of vehicles on approach of authorized emergency vehicles

Section 15-217 Accidents, duty to stop

Section 15-218 Duty upon striking unattended vehicle, fixtures on highway

Section 15-219 Issuance of citation tags

Section 15-220 Failure to obey citation

Section 15-221 Failure to comply with traffic citations attached to parked vehicle

Section 15-222 Presumption in reference to illegal parking

Section 15-223 Illegal cancellation of traffic citations

Section 15-224 Disposition and records of traffic citations, warrants, can complaints

Section 15-225 Court records; abstract to be sent to State Department of Public Safety

Section 15-226 Insurance of certificate required

CHAPTER 3 VEHICLE EQUIPMENT

Section 15-301 Certain vehicles prohibited; vehicles injurious to streets

Section 15-302 Obstructive and dangerous vehicles

Section 15-303 Equipment

Section 15-304 Child passenger restraint required

Section 15-305 Mufflers; modifications prohibited

Section 15-306 Width, height, length and load

Section 15-307 Inspection of vehicles

Section 15-308 Maintenance and adjustment of brakes

Section 15-309 Operators and front seat passengers required to wear safety belts

CHAPTER 4 SPEED REGULATIONS

Section 15-401 Speed limits generally, exceptions

Section 15-402 School zones

Section 15-403 Speed never to exceed that which is reasonable or prudent for existing conditions

Section 15-404 Minimum speed requirements; exception

Section 15-405 Obedience to maximum and minimum speed limits

Section 15-406 Charging violations and rule in civil actions

CHAPTER 5 DRIVING, OVERTAKING, PASSING

Section 15-501 Changing lanes; driving over medians

Section 15-502 Driving on right side of roadway required; exceptions

Section 15-503 When overtaking on the right is permitted

Section 15-504 Passing vehicle proceeding in same direction

Section 15-505 Limitations on overtaking on the left; exception

Section 15-506 Passing vehicles proceeding in opposite directions

Section 15-507 One-way roadways and rotary traffic islands

Section 15-508 Following too closely

Section 15-509 No passing zones

Section 15-510 Following fire apparatus prohibited

Section 15-511 Crossing fire hose

Section 15-512 Driving through funeral or other procession prohibited; exceptions

Section 15-513 Drivers in a procession

Section 15-514 Military convoys

Section 15-515 Overtaking and passing in school zones

Section 15-516 Overtaking and passing school bus

Section 15-517 School bus requirements; lights; signs; painting

Section 15-518 Driving of vehicles on sidewalk prohibited; exception

Section 15-519 Limitations on backing

Section 15-520 Clinging to vehicles prohibited

Section 15-521 Entering and leaving controlled access highways

Section 15-522 Reckless driving

Section 15-523 Careless or negligent driving, stopping, or parking

Section 15-524 Driving while under the influence of drugs

Section 15-525 Driving while under the influence of alcohol

Section 15-526 Evidence of intoxication or impaired ability in prosecution of DUI

Section 15-527 Attention to driving required.

Section 15-528 Speed contest prohibited

Section 15-529 Permits required for parades and processions

Section 15-530 Driving through safety zone

Section 15-531 Starting parked vehicle

Section 15-532 Opening and closing vehicle doors

Section 15-533 Obstructions to driver’s view of driving mechanism

Section 15-534 Boarding or alighting from vehicles

Section 15-535 Unlawful riding

Section 15-536 Private service drives

Section 15-537 Designation or truck routes

Section 15-538 Loads on vehicles

Section 15-539 Vehicle approaching or entering intersection

Section 15-540 Vehicle turning left at intersection

Section 15-541 Vehicle approaching a "Yield Right of Way" sign

Section 15-542 Vehicle entering through highway

Section 15-543 Vehicles facing stop, slow, warning or caution signal

Section 15-544 Through streets

Section 15-545 Four-lane roadways

Section 15-546 Establishing a truck route through the city

Section 15-547 Intersections where stop or yield required

Section 15-548 Stop or yield sign construction and placement

Section 15-549 Vehicle entering stop intersection

Section 15-550 Vehicle entering yield intersection

Section 15-551 Vehicle entering highway from private road or driveway

Section 15-552 Vehicles entering traffic from parking

Section 15-553 Emerging from the alley, driveway, or building

Section 15-554 Stop when traffic obstructed

Section 15-555 Obedience to signal indicating approach of train

Section 15-556 Certain vehicles to stop at all railroad grade crossings

CHAPTER 6 TRAFFIC CONTROL DEVICES

Section 15-601 Authority to install traffic-control devices

Section 15-602 Traffic control devices; uniform requirements

Section 15-603 Obedience to official traffic control devices

Section 15-604 When official traffic control devices required for enforcement purposes

Section 15-605 Traffic control signal legend

Section 15-606 Pedestrians; signal indicators; regulations

Section 15-607 Flashing signals

Section 15-608 Unauthorized traffic control devices prohibited

Section 15-609 Defacement of traffic control devices

Section 15-610 Play streets, authority to establish

Section 15-611 Play streets, restriction on use

Section 15-612 Designation of crosswalks and safety zones

Section 15-613 Traffic lanes

 

CHAPTER 7 STOPPING, STANDING AND PARKING GENERALLY

Section 15-701 Illegal parking declared public nuisance

Section 15-702 Application of standing or parking regulations

Section 15-703 Parking time limits may be established, signs

Section 15-704 Parking more than twenty-four (24) hours

Section 15-705 Brakes; motor not to be left running; unattended vehicles

Section 15-706 Signs or markings indicating angle parking; angle parking on Broadway, Main

Section 15-707 Obedience to angle-parking signs or markings

Section 15-708 Parking in spaces marked off

Section 15-709 Permits for loading or unloading at an angle to the curb

Section 15-710 Hazardous or congested places; stopping, standing, parking

Section 15-711 Stopping, standing, or parking prohibited in specified places

Section 15-712 Blocking of intersection or crosswalk prohibited

Section 15-713 Standing or parking on one way roadway

Section 15-714 Standing or parking on left side of one way streets

Section 15-715 Parking prohibited at intersections

Section 15-716 Parking in alleys, blocking driveways

Section 15-717 Entry on private property; trespass; evidence; burden of proof

Section 15-718 Parking of certain commercial vehicles on public streets in residential and commercial areas

Section 15-719 Handicapped parking

Section 15-720 Parking for certain purposes prohibited

Section 15-721 Method of parking, standing or parking close to curb

Section 15-722 Negligent parking

Section 15-723 Right of way to parallel parking space

CHAPTER 8 LOADING

Section 15-801 Definitions

Section 15-802 Curb loading zones, designation

Section 15-803 Loading zones to be used only for designated purpose

Section 15-804 Stopping, standing or parking in passenger curb loading zone

Section 15-805 Stopping, standing or parking in freight curb loading zone

Section 15-806 Designation of public carrier stops and stands

Section 15-807 Use of bus and taxicab stands restricted

Section 15-808 Stopping, standing and parking of buses and taxis

CHAPTER 9 TURNING MOVEMENTS

Section 15-901 Turning markers or indicators

Section 15-902 Designation of restricted turns

Section 15-903 U-Turns

Section 15-904 Position and method of turning

Section 15-905 Turning movements and required signals

Section 15-906 Means of giving turn signals

Section 15-907 Method of giving hand and arm signals

CHAPTER 10 PEDESTRIANS

Section 15-1001 Pedestrians subject to traffic control signals

Section 15-1002 Pedestrians’ right of way at cross walks

Section 15-1003 Pedestrians to use right half of crosswalk

Section 15-1004 Crossing at right angles

Section 15-1005 When pedestrians shall yield

Section 15-1006 Pedestrians walking along roadways

Section 15-1007 Pedestrians prohibited from soliciting rides, business or donations from vehicle occupants

Section 15-1008 Drivers to exercise due care

Section 15-1009 Crossing prohibited

Section 15-1010 Obedience of pedestrians to railroad signals

CHAPTER 11 BICYCLES

Section 15-1101 Application of bicycle regulations

Section 15-1102 Application of traffic laws to bicycles

Section 15-1103 Obedience to traffic control devices

Section 15-1104 Riding on bicycles

Section 15-1105 Riding on roadways and bicycle paths

Section 15-1106 Speed of bicycle

Section 15-1107 Emerging from alley or driveway

Section 15-1108 Carrying articles

Section 15-1109 Parking

Section 15-1110 Riding on sidewalks

Section 15-1111 Lamps and equipment on bicycles

Section 15-1112 Impoundment of bicycles

CHAPTER 12 (RESERVED)

CHAPTER 13 MOTORCYCLES

Section 15-1301 Operator to ride on permanent basis

Section 15-1302 Carrying passengers

Section 15-1303 Headgear for operators and riders

Section 15-1304 Windshield; goggles or face shield for operator

Section 15-1305 Maximum height of handlebars

Section 15-1306 Rear view mirrors

Section 15-1307 Brakes

Section 15-1308 Lights generally

Section 15-1309 Stop lamp

Section 15-1310 Speedometer

Section 15-1311 Fenders

Section 15-1312 Rider not to hold to other moving vehicles

Section 15-1313 Passing other vehicles between traffic lanes

Section 15-1314 Speed limit

CHAPTER 14 IMPOUNDMENT OF VEHICLES

Section 15-1401 Purpose and effect of impoundment provisions

Section 15-1402 Duration of impoundment

Section 15-1403 Police granted authority to impound vehicles

Section 15-1404 Disabled vehicles

Section 15-1405 Vehicles on bridge

Section 15-1406 Arrest and detention of driver of vehicle

Section 15-1407 Vehicle constitutes traffic hazard

Section 15-1408 Illegal trespass by vehicle

Section 15-1409 Vehicles blocking fire exits or hydrants

Section 15-1410 Vehicles parked at intersection

Section 15-1411 Stolen vehicles; recovery by police

Section 15-1412 Vehicles with outstanding traffic citations

CHAPTER 15 PENALTIES

Section 15-1501 Obedience to traffic code

Section 15-1502 Penalties

 

CHAPTER 1 - GENERAL PROVISIONS

Section 15-101 Citation of chapter.

Section 15-102 Traffic code controlling.

Section 15-103 Definitions.

Section 15-104 Adoption of state traffic code.

Section 15-105 Traffic control; authority established. (Repealed)

SECTION 15-101 CITATION OF CHAPTER.

This chapter and all amendments hereto may be cited or referred to as the "Traffic Code, City of Duncan" and may so appear upon all official documents, records or instruments. (Prior Code, Chapter 20)

SECTION 15-102 TRAFFIC CODE CONTROLLING.

Except as specifically provided by law as set forth in this chapter, the traffic code shall be controlling in the use of city streets, alleys, thoroughfares, parks, parkways or any other public right-of-way or municipally owned land, by pedestrians and by vehicles of every kind whether self-propelled or otherwise and whether moving or at rest (Prior Code, Chapter 20)

SECTION 15-103 DEFINITIONS.
As used herein:

1. "Alley" means any narrow highway ordinarily located in the interior portion of platted blocks and ordinarily used for service or delivery purposes at the rear of stores, dwellings, or buildings;

2. "Ambulance" means a motor vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick, or injured persons;

3. "Bicycle" means a device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty (20) inches in diameter;

4. "Bus" means every motor vehicle designed for carrying more than ten (10) 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;

5. "Controlled access highway" means every highway, street or roadway in respect to which owners or occupants of abutting 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 highway, street or roadway;

6. "Commercial vehicles" means every vehicle designed, maintained, or used primarily for the transportation of property;

7. "Center lane" means any clearly marked center lane. If the center lane is not marked and no cars are parked on the roadway, then the center lane is equally distanced between the curbs or travelled portion of the roadway. In the event a vehicle or vehicles are parked on one side of the roadway only, then the center lane is equally distanced from the side of the parked vehicle or vehicles toward the street and curb on the opposite roadway. If vehicles be parked on
each side of the roadway, then the center lane is equally distanced from the edges of the parked vehicles;

8. "Cross walk" means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs; or in the absence of curbs from the edges of the traversable roadway. "Cross walk" also means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;

9. "Drive" or "to drive" means to drive, operate or be in actual physical control of a vehicle;

10. "Driver or operator" means a person who drives or is in actual physical control of a vehicle;

11. "Emergency" means an unforeseeable occurrence of temporary duration causing or resulting in an abnormal increase in traffic volume, cessation or stoppage of traffic movement, or creation of conditions hazardous to normal traffic movement, including fire, storm, accident, riot, or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic;

12. "Emergency vehicle" or "authorized emergency vehicle" means vehicles of the fire department, police vehicles and ambulances;

13. "Highway," see street;

14. "Intersection" means:

a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadway of two (2) streets, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets join at any other angle, may come in conflict; or

b. Where a street includes two (2) roadways thirty (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 also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such streets shall be regarded as separate intersections;

15. "Laned roadway" means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic;

16. "Limited access highway", see controlled access highway;

17. "Loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or material. A freight curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of freight; a passenger curb loading zone is a loading zone for the exclusive use of vehicles during the loading or unloading of passengers;

18. "Limit lines" means boundaries of parking areas, loading zones and non- traffic areas and lines indicating the proper place for stopping where stops are required;

19. "Motor cycle, motor scooter, and motor bicycle" mean a motor vehicle, other than a tractor, having a seat or saddle for the use of the driver and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor;

20. "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;

21. "Official time" shall mean whenever certain hours are named herein they shall mean Central Standard Time, or Daylight Savings Time, as may be in current use in the city;

22. "Official traffic control device" means all signs, signals, markings, and devices not inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic;

23. "Park or parking" means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in loading or unloading merchandise or passengers, providing such loading and unloading is in an authorized place;

24. "Pedestrian" means any person afoot;

25. "Police officer" means every officer of the municipal police department, or any officer authorized to direct or regulate traffic, or to make arrests for violation of traffic regulations;

26. "Private road or roadway" means a way or place in private ownership or leading to property in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner;

27. "Railroad" means a carrier of persons or property upon cars other than streetcars operated upon stationary rails;

28. "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;

29. "Residence district" means the territory contiguous to and including a highway not comprising a business district;

30. "Right-of-way" means the privilege of the immediate use of the roadway. It is the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other;

31. "Roadway" means that portion of a street improved, designed, ordinarily used for vehicular travel, exclusive of the shoulders. In the event a street includes two (2) or more separate roadways, the term roadway, as used herein, shall refer to any such roadway, separately, but not to all such roadways, collectively;

31. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times, which set apart as a safety zone;

32. "School bus" means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school; provided, however, that this definition of "school bus" shall not be extended to include buses normally used in city transit which may be used part time for the transportation of school children during some portion of the day,

34. "School zone" means all streets or portions of streets immediately adjacent to a school, or school ground, where same is adjacent and for a distance of three hundred (300) feet in each direction;

35. "Sidewalk" means that portion of a street between the curblines or at lateral lines of the roadway and adjacent property lines, intended for use of pedestrians;

36. "Stand" or "standing" means any stopping or halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers;

37. "Stop," when required, shall mean the complete cessation from movement;

38. "Stop or stopping," when prohibited, means any halting even momentarily of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal;

39. "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel;

40. "Through street or highway" means a street, or boulevard or highway or portion thereof at the entrances to which:

a. Vehicular traffic from intersecting streets or highways is required by law to come to a full stop before entering or crossing; and

b. Stop signs are erected as provided in this part;

41. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances, either singularly or together, while using any highway or street for purpose of travel;

42. "Traffic control devices or signals" mean any device legally authorized and used for the purpose of regulating, warning or guiding traffic;

43. "U-turn'' means a turn by which a vehicle reverses its course of travel on the same street; and

44. "Vehicle" means every device in, upon, or by which any person or property is, or may be transported, or drawn, upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks.

State Law Reference: Definitions, state traffic code, 47 O.S. Sections 1-101 et seq.

SECTION 15-104 ADOPTION OF STATE TRAFFIC CODE.

There is hereby adopted by reference and made a part of this code all of the provisions of Chapters 10, 11, 12, 13, and 14 of the Oklahoma Highway Safety Code, all as found in Title 47 of the Oklahoma Statutes. All of these provisions are hereby made a part of the traffic ordinances of the city. All of the provisions found in these chapters are hereby vitalized as provided in the laws by this section, specific reference to which is hereby made, as well as all subsequent amendments to the laws, and all of the laws as well as amendments thereto shall be in full force and effect within the city insofar as the same are not modified by other provisions in this part or amendments thereto.

State Law Reference: State rules of the road, 47 O.S. Sections 10-101 et seq; state motor vehicle code, 47 O.S. Sections 1-101 et seq.

SECTION 15-105 TRAFFIC CONTROL: AUTHORITY ESTABLISHED.
Repealed. Ordinance Number 1359, 9/13/94

 

CHAPTER 2 - ENFORCEMENT

Section 15-201 Enforcement of traffic laws

Section 15-202 Direction of traffic by hand or voice

Section 15-203 Direction of traffic by unauthorized person

Section 15-204 Obedience to police and fire officials

Section 15-205 Emergency and experimental regulations

Section 15-206 Push carts, riding animals, or driving animal drawn vehicles to comply with code

Section 15-207 Use of coasters, rollerskates, and similar devices restricted

Section 15-208 Public officers and employees to obey traffic regulations

Section 15-209 Persons working on streets, exceptions

Section 15-210 Maintenance and construction zones

Section 15-211 Possession of valid driver’s license required

Section 15-212 Operation of vehicle on invalid license or under suspension, prohibited

Section 15-213 Unlawful to operate vehicle without state vehicle license

Section 15-214 Permitting unauthorized person to drive prohibited

Section 15-215 Authorized emergency vehicles

Section 15-216 Operation of vehicles on approach of authorized emergency vehicles

Section 15-217 Accidents, duty to stop

Section 15-218 Duty upon striking unattended vehicle, fixtures on highway

Section 15-219 Issuance of citation tags

Section 15-220 Failure to obey citation

Section 15-221 Failure to comply with traffic citations attached to parked vehicle

Section 15-222 Presumption in reference to illegal parking

Section 15-223 Illegal cancellation of traffic citations

Section 15-224 Disposition and records of traffic citations, warrants, can complaints

Section 15-225 Court records; abstract to be sent to State Department of Public Safety

Section 15-226 Insurance of certificate required

SECTION 15-201 ENFORCEMENT OF TRAFFIC LAWS

It is the duty of the officers of the police department or any officers that are assigned by the Chief of Police to enforce all street traffic laws of this city and all the state vehicle laws applicable to street traffic in this city. Officers of the department shall make arrests for traffic violations, investigate accidents, and cooperate with other officers in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the department by this part and any other traffic ordinances of this city. (Prior Code, Chapter 20)

SECTION 15-202 DIRECTION OF TRAFFIC BY HAND OR VOICE.

A. Officers of the police department or any officers designated by the chief of police are hereby authorized to direct traffic by voice, hand, or signal in conformance with traffic laws and ordinances. In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws and ordinances.

B. Officers of the fire department, when at the scene of a fire, or other emergency, may direct or assist the police in directing traffic in the immediate vicinity. (Prior Code, Chapter 20)

SECTION 15-203 DIRECTION OF TRAFFIC BY UNAUTHORIZED PERSONS.

No unauthorized person shall direct or attempt to direct traffic, except in case of emergency where no officer is present. (Prior Code, Chapter 20)

SECTION 15-204 OBEDIENCE TO POLICE AND FIRE OFFICIALS.

No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Prior Code, Chapter 20)

SECTION 15-205 EMERGENCY AND EXPERIMENTAL REGULATIONS.

The city traffic authority, subject to any directions which the city council may give by motion or resolution, is empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city and to make temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days. (Prior Code, Chapter 20)

SECTION 15-206 PUSH CARTS. RIDING ANIMALS, OR DRIVING ANIMAL DRAWN VEHICLES TO COMPLY WITH CODE.

Every person propelling any push cart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, is subject to the provisions of this part applicable to the driver of any vehicle, except those provisions of this part which by their very nature can have no application. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-104.

SECTION 15-207 USE OF COASTERS, ROLLERSKATES, AND SIMILAR DEVICES RESTRICTED.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a cross walk; and when so crossing, such person is 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 ordinances of this city. (Prior Code, Chapter 20)

SECTION 15-208 PUBLIC OFFICERS AND EMPLOYEES TO OBEY TRAFFIC REGULATIONS.

The provisions of this part shall apply to the driver of any vehicle owned by or used in the service of the United States Government, any state, county, city, or governmental unit or agency, as well as to other vehicles. It is unlawful for any such driver to violate any of the provisions of this part, except as otherwise permitted in this part by state statute. This part shall not apply to the military forces of the United States and organizations of the National Guard when performing any military duty. (Prior Code, Chapter 20)

State Law Reference; Municipal drivers to obey state rules of road, 47 O.S. Section 16-103.

SECTION 15-209 PERSONS WORKING ON STREETS, EXCEPTIONS.

Unless specifically made applicable, the provisions of this part, except those relating to reckless driving and driving while intoxicated, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street, or to persons, motor vehicles, and other equipment while actually engaged in construction, maintenance, or repair of public utilities. All street or highway and public utility operations shall be protected by adequate warning signs, signals, devices, or flag persons. The provisions of this part shall apply to any of the persons and vehicles exempted by this section when traveling to and from such work. (Prior Code, Chapter 20)

SECTION 15-210 MAINTENANCE AND CONSTRUCTION ZONES.

A. City personnel or contractors, while repairing or improving the streets of the city, and city personnel and utility companies, when installing, improving, or repairing lines or other utility facilities in the streets, are hereby authorized as necessary, subject to control by the city or the public utilities authority, to close any street or section thereof to traffic during such repair, maintenance, or construction. In exercising this authority, the appropriate personnel, contractor or utility company shall erect or cause to be erected proper control devices and barricades to warn and notify the public that the street has been closed to traffic.

B. When any street has been closed to traffic under the provisions of Subsection A of this section and traffic-control devices or barricades have been erected, it is unlawful for any person to drive any vehicle through, under, over, or around such traffic-control devices or barricades, or otherwise to enter the closed area.  The provisions of this subsection shall not apply to persons entering the closed area or zone for the protection of lives or property. Persons having their places of residence or places of business within the closed area may travel, when possible to do so, through the area at their own risk.

C. Whenever construction, repair, or maintenance of any street or utility line or facility is being performed under traffic, the city personnel, contractor, or utility company concerned shall erect, or cause to be erected, traffic control devices to warn and guide the public. Every person using the street shall obey all signs, signals, markings, flag persons, or other traffic control devices which are placed to regulate, control, and guide traffic through the construction or maintenance area. (Prior Code, Chapter 20)

SECTION 15-211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED.

A. It is unlawful for any person who does not have a driver's license as required by state law for operation of a motor vehicle upon the state highways to operate a motor vehicle within the city. Every such licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of any police officer.

B. No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on a motor vehicle or any other restriction applicable to the licensee as the state may determine. (Prior Code, Chapter 20)

State Law Reference: Driver's licenses, 47 O.S. Section 6-101.
Cross Reference: Section 1-108 for specific penalty for violations of this section.

SECTION 15-212 OPERATION OF VEHICLE ON INVALID LICENSE. OR UNDER SUSPENSION, PROHIBITED.

A. No person shall operate a motor vehicle when his privilege to do so is cancelled, suspended, revoked or denied. Any person convicted of violating this section shall be punished as provided in Section 1-108 of this code.

B. No person shall operate a motor vehicle when his privilege to do so has been revoked or suspended in accordance with Sections 753 and 751, et seq. of Title 47 of the Oklahoma Statutes, pertaining to suspension and revocation for refusal to submit to tests and evidence of specific alcoholic concentrations, and to other violations of driving under the influence or while impaired.

C. Each act of driving on the streets or highways as prohibited by this section shall constitute a separate offense. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 6-303.

Cross Reference: See Section 1-108 for specific penalty for violation of this section.

SECTION 15-213 UNLAWFUL TO OPERATE VEHICLE WITHOUT STATE VEHICLE LICENSE.

It is unlawful to operate a vehicle cf any kind upon a street of the city without a state vehicle license as may be required by law or to fail to display the state vehicle license as required by law. (Prior Code, Chapter 20)

SECTION 15-214 PERMITTING UNAUTHORIZED PERSON TO DRIVE PROHIBITED.

No person shall authorize or knowingly permit any vehicle owned by him, registered in his name, or under his control to be driven, parked or stopped upon any highway by any person who is not authorized under the provisions of this part and the laws of the stare to operate such vehicle. (Prior Code, Chapter 20)

SECTION 15-215 AUTHORIZED EMERGENCY VEHICLES.

A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or ordinance 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 stated in this section.

B. The driver of an authorized emergency vehicle may do any of the following when in pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm:

1. Park or stand, irrespective of the provisions of this part;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

3. Exceed the maximum speed limits so long as life or property is not endangered; or

4. Disregard regulations governing direction of movement or turning in specific directions.

C. The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of any such vehicle is making use of audible and visual signals as required by law, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.

D. The provisions of this section shall not relieve the driver of an authorized emergency vehicle 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. (Prior Code, Chapter 20)

State Law Reference; Emergency vehicle driving rules, 47 O.S. Section 11-106.

SECTION 15-216 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, 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 or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

B. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Prior Code, Chapter 20)

State Law Reference: Authorized emergency vehicles and their equipment, 47 O.S. Sections 11-106, 12-218; approach of emergency vehicles, 47 O.S. Section 11-405.

SECTION 15-217 ACCIDENTS. DUTY TO STOP.

A. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or property shall immediately stop his vehicle at the scene of such accident, or as close thereto as possible, return to and remain at the scene of the accident:

 

1. Until he is authorized to leave by a police officer; or

2. If no police officer is called or present, he shall give his name, address and the registration of his vehicle and, upon request, exhibit his driver's license and insurance security verification form to the person injured or the driver or occupant of, or person attending, any vehicle collided with.

The driver of any vehicle involved in the accident shall render to any person injured in accident reasonable assistance, including the carrying or making arrangement for the carrying of such person to a physician, surgeon or hospital for medical and surgical treatment if it is apparent that this treatment is necessary, or if such is requested by the injured person. Any such stop shall be made without obstructing traffic more than is necessary.

B. The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or in which it is apparent that damage to one vehicle or to the property is in excess of Three Hundred Dollars ($300.00) shall, by the quickest means of communication, report such accident to a police officer or to the police department. If a driver makes out a written report of the accident in the office of the police department as soon as practicable after the accident, which report is to be forwarded to the state department of public safety in accordance with state law, the driver shall be deemed to be in compliance with this section.

C. Any person failing to stop or to comply with any of the requirements of this section shall be guilty of a misdemeanor and upon conviction thereof may be fined as provided in Section 1-108 of this code. (Prior Code, Chapter 20)

State Law Reference: Accident reports, 47 O.S. Sections 10-101 et. seq.

SECTION 15-218 DUTY UPON STRIKING UNATTENDED VEHICLE. FIXTURES ON HIGHWAY.

A. 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 correct name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck, a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

B. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license and shall make report of such accident when and as required in Section 15-217. (Prior Code, Sees. 20-22, 20-23)

SECTION 15-219 ISSUANCE OF CITATION TAGS.

A. The chief of police is hereby authorized and directed to supply police officers with citation tags in sets, each set consisting of an original and duplicate copies, for the purpose of giving notice to persons violating any provision of this code.

B. Notice may be given by delivering the tags to the violator or by affixing it to the vehicle involved in the violation.

C. Each citation tag shall direct the violator to appear and to present such tag at a designated place on or before a date and hour specified thereon.

D. Nothing in this section shall be construed to abridge the power of a police officer to arrest any violator and take him into custody. (Prior Code, Chapter 20)

SECTION 15-220 FAILURE TO OBEY CITATION.

It is unlawful and an offense for any person to violate his written promise to appear, given to an officer upon the issuance of a citation regardless of the disposition of the charge for which citation was originally issued. (Prior Code, Chapter 20; Ord. No. 1379, 9/26/95)

SECTION 15-221 FAILURE TO COMPLY WITH TRAFFIC CITATIONS ATTACHED

If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to such motor vehicle within a period of time as specified in the citation, the clerk of the municipal court may send to the owner of the motor vehicle to which the traffic 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 five (5) days, a warrant of arrest may be issued. On any occasion where two (2) or more such traffic citations have been affixed on the same motor vehicle and the traffic citations have been disregarded, a warrant of arrest may be issued without sending the letter provided in this section. (PriorCode, Chapter 20)

SECTION 15-222 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.

A. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred.

B. The presumption in Subsection A of this section shall apply only when the procedure as prescribed in this chapter has been followed. (Prior Code, Chapter 20)

SECTION 15-223 ILLEGAL CANCELLATION OF TRAFFIC CITATIONS.

It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than is provided by this chapter. (Prior Code, Chapter 20)

SECTION 15-224 DISPOSITION AND RECORDS OF TRAFFIC CITATIONS. WARRANTS, AND COMPLAINTS.

A. Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or any traffic law of this city shall deposit the original and a duplicate copy of the citation with his immediate superior officer, who shall cause the original to be delivered to the municipal court

B. Upon the filing of the original citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court or the city attorney, including forfeiture of bail or by payment of a fine, to the municipal court clerk with approval of the judge or his designated representative.

C. The chief of police shall maintain a record of all warrants issued by the municipal court which are delivered to the police department for service, and of the final disposition of the warrants.

D. No member of the police department or other officer or public employee shall dispose of, alter, or deface a traffic citation or any copy thereof, or the record of the issuance or disposition of any traffic citation, complaint, or warrant, in a manner other than as required in this chapter. (Prior Code, Chapter 20)

SECTION 15-225 COURT RECORDS: ABSTRACT TO BE SENT TO STATE DEPARTMENT OF PUBLIC SAFETY.

A. The municipal judge shall keep a record of every traffic citation deposited with or presented to the court and shall keep a record of every official action by the court or its traffic violations bureau in reference thereto, including but not limited to a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture.

B. Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this chapter or other law regulating the operation of vehicles on highways the municipal judge or clerk of the court in which the conviction was had or bail was forfeited shall prepare and immediately forward to the State Department of Public Safety a certified abstract of the court's record of the case. An abstract need not be made of any conviction involving the illegal parking or standing of a vehicle.

C. The abstract must be made upon a form furnished by the State Department of Public Safety and shall include the name and address of the party charged, the number of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, whether bail was forfeited, and the amount of the fine or forfeiture. (Prior Code, Chapter 20)

Cross Reference: Municipal court. Sections 6-101 et seq.


SECTION 15-226 INSURANCE OR CERTIFICATE REQUIRED.

A. The owner of a motor vehicle registered in this state and operating the vehicle within the city's boundaries, shall carry in such vehicle at all times a current owner's security verification form listing the vehicle, or an equivalent form which has been used by the State Department of Public Safety which shall be produced by any driver thereof upon request for inspection by any law enforcement officer and, in case of a collision, the form shall be shown upon request to any person affected by the collision.

B. The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the department during operation of the vehicle and shall not be required to surrender such form for vehicle registration purposes:

1. Any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof;

2. Any vehicle bearing the name symbol or logo of the business, corporation or utility on the exterior and which is in compliance with the Compulsory Insurance Law according to records of the Department of Public Safety which reflect a deposit, bond, self-insurance, or fleet policy;

3. Any vehicle authorized for operation, under a permit number issued by the Interstate Commerce Commission, or the Oklahoma Corporation Commission;

 

4. Any licensed taxicab; and

5. Any vehicle owned by a licensed motor vehicle dealer.

C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this section:

 

1. "Owner's Policy" means an owner's policy of liability insurance which:

a. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted;

b. Shall insure the person named therein and insure any other person, except as provided in Subparagraph C of this paragraph, using an insured vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, operation or use of such vehicle;

c. May provide for exclusions from coverage in accordance with existing laws; and

d. Shall be issued by an authorized carrier providing coverage in accordance with Section 7-204 of Title 47 of the Oklahoma Statutes;

2. "Operator's Policy" means an operator's policy of liability insurance which shall insure the named person against loss from the liability imposed upon him by law for damages arising out of the operation or use by him of any motor vehicle not owned by him, subject to the same limits of liability required in an owner's policy;

3. "Security" means:

 

a. A policy or bond meeting the requirements of Section 7-204 of Title 47 of the Oklahoma Statutes;

b. A deposit of cash or securities having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma Statutes as acceptable limits for a policy or bond; or

c. Self-insurance, pursuant to the provisions of Section 7-503 of Title 47 of the Oklahoma Statutes, having the equivalency of limits required under Section 7-204 of Title 47 of the Oklahoma statutes as acceptable limits for a policy or bond;

4. "Compulsory Insurance Law" means the law requiring liability insurance in conjunction with the operation of a motor vehicle in this state as found in Article VI, Chapter 7, and Section 7-606 of Title 47 of the Oklahoma Statutes;

5. "Security verification form" means a form, approved by the State Board for property and casualty rates, verifying the existence of security required by the Compulsory Insurance Law of the State of Oklahoma.

C. Every operator of a motor vehicle registered in this state, shall while operating or using such vehicle within the city's boundaries, carry either an operator's or an owner's security verification form issued by a carrier, providing the operator is not excluded from coverage thereon; or an equivalent form issued by the Department of Public Safety, reflecting liability coverage.

D. An owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the department upon request of any peace officer of the department shall be guilty of a misdemeanor and upon conviction shall be subject to a fine as provided in Section 1-108 of this code.

E. A sentence imposed for any violation of this section may be suspended or deferred in whole or in part by the court.

F. Any person producing proof in court that a current security verification form or equivalent form which has been issued by the department reflecting this liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of such charge.

G. Upon conviction, bond forfeiture or deferral of sentence, the court clerk shall forward an abstract to the State Department of Public Safety within ten (10) days reflecting the action taken by the court.

 

CHAPTER 3 - VEHICLE EQUIPMENT

Section 15-301 Certain vehicles prohibited; vehicles injurious to streets

Section 15-302 Obstructive and dangerous vehicles

Section 15-303 Equipment

Section 15-304 Child passenger restraint required

Section 15-305 Mufflers; modifications prohibited

Section 15-306 Width, height, length, and load

Section 15-307 Inspection of vehicles

Section 15-308 Maintenance and adjustment of brakes

Section 15-309 Operators and front seat passengers required to wear safety belts

SECTION 15-301 CERTAIN VEHICLES PROHIBITED; VEHICLES INJURIOUS TO STREETS

No vehicle or object which injures or is likely to injure the surface of a street, shall be driven or moved on any street. (Prior Code, Chapter 20)

State Law Reference: Required equipment on vehicles, 47 O.S. Sections 12-101 et. seq.

SECTION 15-302 OBSTRUCTIVE AND DANGEROUS VEHICLES

No person shall drive any vehicle in such condition, so construct, or so loaded, as to cause delay or be likely to cause delay in traffic, or as to constitute a hazard to persons or property, except by permit issued by the chief of police and in accordance with the terms of such permit. (Prior Code, Chapter 20)

SECTION 15-303 EQUIPMENT

Every vehicle operated upon the streets of the city shall be equipped as required by law. It is unlawful to operate a vehicle upon a street of the city which is not equipped as required by law. It is unlawful to fail to use such equipment in the manner required by law, or to use it in a manner prohibited by law. It is unlawful to operate a vehicle which has equipment prohibited by law upon a street of the city. (Prior Code, Chapter 20)

State Law Reference: For state law relating to equipment, see 47 O.S. Sections 12-201 et seq.

SECTION 15-304 CHILD PASSENGER RESTRAINT REQUIRED

A. Every driver when transporting a child under four (4) years of age in a motor vehicle operated on the roadways, streets, or highways of this state shall provide for the protection of the child by properly using a child passenger restraint system or a properly secured seat belt in the rear seat of the motor vehicle. For purposes of this act, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards for crash tested restraint systems as set by the United States Department of Transportation

B. Child four (4) or five (5) years of age shall be protected by use of a child passenger restraint system or a seat belt.

C. The provisions of this section shall not apply to:

1. A nonresident driver transporting a child in this state;

2. The driver of a school bus, taxicab, moped; motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;

3. The driver of an ambulance or emergency vehicle;

4. A driver of a vehicle if all of the seat belts in the vehicle are in use; and

5. The transportation of children who for medical reasons are unable to be placed in such devices.

D. A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section and to give an oral warning to the driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle.

E. A violation of the provisions of this section shall not be admissible as evidence in any civil action or proceeding for damages.

F. In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this sections shall not be used in aggravation or mitigation of damages.

G. Any person convicted of violating Subsection A or B of this section shall be punished as set forth in Section 1-108 of this code. The fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. (Ord. No. 1384, 11/14/95)

SECTION 15-305 MUFFLERS: MODIFICATIONS PROHIBITED.

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a street No person shall modify the exhaust system of a motor vehicle in any manner which will amplify or increase the noise or sound emitted louder than that emitted by the muffler originally installed on the vehicle. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 12-402.


SECTION 15-306 WIDTH. HEIGHT. LENGTH. AND LOAD.

No person shall drive or convey through any street any vehicle the width, length, height, weight, or load of which exceeds that authorized by state law, except in accordance with a permit issued by state authority or by the chief of police. (Prior Code, Chapter 20)

State Law Reference: For state law relating to size, weight and load, see 47 O.S. Sections 14-101 et seq.

SECTION 15-307 INSPECTION OF VEHICLES

A. No person shall drive or move on any road, street or highway of this city any motor vehicle, including motorcycles, trailers, semi-trailers, or pole trailers, which are licensed by the Oklahoma Tax Commission and operated on the streets or highways of this city, or any combination thereof, unless the vehicle is in safe mechanical condition as not to endanger the driver or other occupant of any vehicle upon the highway.

B. Police officers shall have authority to inspect and test any vehicle upon the streets of the city at any time to determine whether it is safe, whether it is properly equipped and whether its equipment is in proper adjustment and repair. (Prior Code, Chapter 20, City Ord. No. 1530, 07/24/01)

SECTION 15-308 MAINTENANCE AND ADJUSTMENT OF BRAKES.

All vehicle brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (Prior Code, Chapter 20)

SECTION 15-309 OPERATORS AND FRONT SEAT PASSENGERS REQUIRED TO WEAR SAFETY BELTS

A. Every operator and front seat passenger of a passenger car in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the purposes of this section, "passenger car" shall mean "vehicle" as defined in Section 1-186 of Title 47 of the Oklahoma Statutes. "Passenger car" shall include the passenger compartment of pickups, vans, mini-vans, and sport utility vehicles. "Passenger car" shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use which is registered and licensed pursuant to the provisions of Title 47.

B. This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses written verification from a physician licensed in this state that he is unable to wear a safety seat belt system for medical reasons. Provided, the issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of said failure to wear a safety seat belt system.

C. This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the United States Postal Service.

D. Any person convicted of violating this section shall be punished by a fine and costs not to exceed $20.00. Said $20.00 shall include a $10.00 CLEET (Council on Law Enforcement and Education and Training) assessment which the State requires the Municipal Court to collect and disburse to the appropriate state agency. of Ten Dollars ($10.00) and shall pay court costs of Fifteen Dollars ($15.00). (Ord. No. 1266, 2/10/87; Ord. No. 1385, 11/14/95; Ord. No. 1519, 01/09/01)

 

CHAPTER 4
SPEED REGULATIONS

Section 15-401 Speed limits generally; exceptions.

Section 15-402 School zones.

Section 15-403 Speed never to exceed that which is reasonable or prudent for existing conditions.

Section 15-404 Minimum speed requirements; exception.

Section 15-405 Obedience to maximum and minimum speed limits.

Section 15-406 Charging violations and rule in civil actions.

SECTION 15-401 SPEED LIMITS GENERALLY; EXCEPTIONS.

A. No vehicle shall be driven at a greater speed than twenty-five (25) miles per hour upon any street or highway within the city except;

1. Emergency vehicles being lawfully driven as provided in this code;

2. When a different speed limit is otherwise designated and posted;

3. When a different speed limit is established in this code; and

4. When a special hazard exists that requires a lower speed for compliance with Section 15-403 of this code.

B. The city council, by motion or resolution, may reduce or increase the speed limits provided in this code, and when it does so, appropriate signs shall be placed on such streets or parts of streets indicating the lower or higher speed limit. (Prior Code, Chapter 20)

State Law Reference: Basic and minimum speed rules, 47 O.S. Sections 11-801, 11-804.

SECTION 15-402 SCHOOL ZONES.

No vehicle shall be driven at a greater speed than that speed posted during the hours posted on any street adjacent to any school in a designated school zone on days when school is in session. (Prior Code, Chapter 20)

State Law Reference; Local authority to set speed limits, 47 O.S. Sections 15-102,11-803.

Cross Reference: Train speed limits, Part 16 of this code; bicycle speed limits, Section 15-1106; motorcycles. Section 15-1314.

SECTION 15-403 SPEED NEVER TO EXCEED THAT WHICH IS REASONABLE OR PRUDENT FOR EXISTING CONDITIONS.

No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration among other things, the conditions of the vehicle, the traffic, roadway surface or width, the amount of light or darkness, the presence of pedestrians in or near the roadways, and the obstruction of views. No person shall drive any vehicle at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead. (Prior Code, Chapter 20)

SECTION 15-404 MINIMUM SPEED REQUIREMENTS; EXCEPTION.

No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic except when the slow speed is unavoidable. (Prior Code, Chapter 20)

SECTION 15-405 OBEDIENCE TO MAXIMUM AND MINIMUM SPEED LIMITS.

Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess of the maximum nor slower than the minimum except as required by an authorized officer or in obedience to posted official signs. (Prior Code, Chapter 20)

SECTION 15-406 CHARGING VIOLATIONS AND RULE IN CIVIL ACTIONS.

A. In every charge of violation of any speed regulation in this chapter, the complainant, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the maximum speed applicable within the district or at the locations cited.

B. The provisions of this chapter declaring maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident. (Prior Code, Chapter 20)

 

CHAPTER 5 - DRIVING, OVERTAKING, PASSING

Section 15-501 Changing lanes; driving over medians

Section 15-502 Driving on right side of roadway required; exceptions

Section 15-503 When overtaking on the right is permitted

Section 15-504 Passing vehicle proceeding on the left; exception

Section 15-505 Limitations on overtaking on the left; exception

Section 15-506 Passing vehicles proceeding in opposite directions

Section 15-507 One-way roadways and rotary traffic islands

Section 15-508 Following too closely

Section 15-509 No passing zones

Section 15-510 Following fire apparatus prohibited

Section 15-511 Crossing fire hose

Section 15-512 Driving through funeral or other procession prohibited; exceptions

Section 15-513 Drivers in a procession

Section 15-514 Military convoys

Section 15-515 Overtaking and passing in school zones

Section 15-516 Overtaking and passing school bus

Section 15-517 School bus requirements; lights; signs; painting

Section 15-518 Driving of vehicles on sidewalk prohibited; exception

Section 15-519 Limitations on backing

Section 15-520 Clinging to vehicles prohibited

Section 15-521 Entering and leaving controlled access highways

Section 15-522 Reckless driving

Section 15-523 Careless or negligent driving, stopping, or parking

Section 15-524 Driving while under the influence of drugs

Section 15-525 Driving while under the influence of alcohol

Section 15-526 Evidence of intoxication or impaired ability in prosecution of DUI

Section 15-527 Attention to driving required

Section 15-528 Speed contest prohibited

Section 15-529 Permits required for parades and processions

Section 15-530 Driving through safety zone

Section 15-531 Starting parked vehicle

Section 15-532 Opening and closing vehicle doors

Section 15-533 Obstructions to driver’s view or driving mechanism

Section 15-534 Boarding or alighting from vehicle

Section 15-535 Unlawful riding

Section 15-536 Private service drives

Section 15-537 Designation of truck routes

Section 15-538 Loads on vehicles

Section 15-539 Vehicle approaching or entering intersection

Section 15-540 Vehicle turning left at intersection

Section 15-541 Vehicle approaching a "Yield Right-of-Way" sign

Section 15-542 Vehicle entering through highway

Section 15-543 Vehicles facing stop, slow, warning or caution signal

Section 15-544 Through streets

Section 15-545 Four-lane roadways

Section 15-546 Establishing a truck route through the city

Section 15-547 Intersections where stop or yield required

Section 15-548 Stop or yield sign construction and placement

Section 15-549 Vehicle entering stop intersection

Section 15-550 Vehicle entering yield Intersection.

Section 15-551 Vehicle entering highway from private road or driveway.

Section 15-552 Vehicles entering traffic from parking.

Section 15-553 Emerging from the alley, driveway, or building.

Section 15-554 Stop when traffic obstructed.

Section 15-555 Obedience to signal Indicating approach of train.

Section 15-556 Certain vehicles to stop at all railroad grade crossings.

SECTION 15-501 CHANGING LANES; DRIVING OVER MEDIANS.

A. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, in addition to all other rules consistent with this subsection, a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and has signaled for a change of course.

B. Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course as nearly as practical and shall not weave in and out or turn from side to side unnecessarily. Vehicles shall move to the right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow moving vehicles or making a proper approach for a turn, and this only after the driver has first ascertained that such movement can be made safely and has signaled for a change of course.

C. Upon a roadway which has been divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.

D. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway. Drivers of vehicles shall obey the directions of every such sign.

E. Whenever any highway has been divided into two (2) or more 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 unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier, median or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or
intersection as established by the city. (Prior Code, Chapter 20)

SECTION 15-502 DRIVING ON RIGHT SIDE OF ROADWAY REQUIRED; EXCEPTIONS.

A. Upon all roadways of sufficient width a vehicle shall be driven to the right of the center of the roadway, 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 (3) marked lanes for traffic under the rules applicable thereon; and

4. Upon a roadway designated and signposted for one-way traffic.

B. Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane when available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

C. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; or

3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct, or tunnel.

The foregoing limitations shall not apply upon a one-way roadway. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Sections 11-301, 11-306.

SECTION 15-503 WHEN OVERTAKING ON THE RIGHT IS PERMITTED.

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn;

2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; or

3. Upon a one-way street or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway. (Prior Code, Chapter 20)

SECTION 15-504 PASSING VEHICLE PROCEEDING IN SAME DIRECTION.

A. Except as provided in Section 15-503 of this code, 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. 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 passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.

B. Every driver who intends to pass another vehicle proceeding in the same direction, which requires movement of his vehicle from one lane of traffic to another, shall first see that such movement can be made with safety and shall proceed to pass only after giving a proper signal by hand or mechanical device.

C. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Sections 11-303, 11-305.


SECTION 15-505 LIMITATIONS ON OVERTAKING ON THE LEFT; EXCEPTION.

A. No vehicle shall be driven to the left side of the center of the street or 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 the completion of the overtaking and passing without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every instance the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.

B. No vehicle at any time shall be driven to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed; or

2. When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within one-hundred fifty (150) feet of or traversing any intersection or railroad grade crossing. (Prior Code, Chapter 20)

SECTION 15-506 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon roadways having a width for not more than one line of traffic in each direction each driver shall give to the other at least one-half (1/2) the main-traveled portion of the roadway as nearly as possible. (Prior Code, Sec. 31-45)

State Law Reference: Similar provisions, 47 O.S. Section 11-302

SECTION 15-507 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

A. Whenever the council by motion or resolution designates any street or alley or part thereof as a one-way street or alley, the city traffic authority shall have placed and maintained signs giving notice thereof; and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

B. Upon those streets and parts of streets and in those alleys and parts of alleys so designated as one-way streets and alleys, vehicular traffic shall move only in the direction indicated when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

C. Upon roadways designated and sign posted for one-way traffic a vehicle shall be driven only in the direction designated.

D. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-308.


SECTION 15-508 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 condition of the highway. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-310.


SECTION 15-509 NO PASSING ZONES.

A. The State Department of Transportation, as regards state and federal highways, and the city traffic authority as regards all other streets, are hereby authorized to determine those portions of any highway where overtaking and passing to the left would be especially hazardous, and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof.

B. Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive to the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length. (Prior Code, Chapter 20)

SECTION 15-510 FOLLOWING FIRE APPARATUS PROHIBITED.

A. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

B. The driver of any vehicle other than on official business shall not follow any emergency vehicle or shall not purposely drive to any location on a highway where an emergency exists which would Interfere with the free movement of authorized emergency vehicles or any other traffic using the highway at the location. For the purpose of this subsection, the definition of "emergency" shall include traffic accidents, airplane accidents, disasters, explosions, civil disturbances and (without limitation by the foregoing) any other related circumstances which tend to cause traffic congestion. The purpose of this subsection is to eliminate sightseers and other persons who do not have official business at the scene of an emergency, and whose presence would tend to cause traffic congestion. (Prior Code, Chapter 20, in part)

State Law Reference: Similar provisions, 47 O.S. Section ll-1108(a).


SECTION 15-511 CROSSING FIRE HOSE.

No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the fire department official in command. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-1109.

SECTION 15-512 DRIVING THROUGH FUNERAL OR OTHER PROCESSION PROHIBITED; EXCEPTIONS.

A. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter.

B. A funeral composed of a procession of vehicles shall be Identified as such by display upon the outside of the lead vehicles. Identifying insignia or other means of identification as may be determined and approved by the police department. (Prior Code, Chapter 20, in part)

State Law Reference: Local powers to regulate processions, 47 O.S. Section 15-102.


SECTION 15-513 DRIVERS IN A PROCESSION.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. (Prior Code, Chapter 20)

SECTION 15-514 MILITARY CONVOYS.

A. The military forces of the United States and organizations of the National Guards, performing any military duty, shall not be restricted by municipal traffic regulations, and shall have the right-of-way on any street or highway through which they may pass against all, except carriers of the United States mall, fire engines, ambulances and police vehicles In the necessary discharge of their respective duties.

B. The mounted military moving In convoy shall have lights burning, with lead and trail vehicles prominently marked, and shall travel, while inside the corporate limits of this city in compliance with such speeds as are legally posted within the corporate limits of this city and shall maintain a closed interval of not more than seventy-five (75) feet. (Prior Code, Chapter 20)

SECTION 15-515 OVERTAKING AND PASSING IN SCHOOL ZONES.

A. No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone between the hours of 8:00 A.M. and 4:00 P.M. on all days when schools are in session.

B. Wherever a school zone is located on a multiple lane street which is divided into three (3) or more clearly marked lanes for traffic or where the right half of the roadway has been divided into two (2) or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not Involve a change of lane movement. (Prior Code, Chapter 20)

SECTION 15-516 OVERTAKING AND PASSING SCHOOL BUS.

A. The driver of a vehicle upon any street, roadway or highway upon meeting or overtaking from either direction any school bus which was stopped on or adjacent to the street, roadway or highway for the purpose of receiving or discharging any school children and other occupants, shall stop the vehicle immediately when the visual signals are in operation, as specified in Section 15-517 of this code, and shall not pass the school bus until the visual signals are de-activated. The driver may then proceed past such school bus at a speed which is reasonable and prudent.

B. The driver of any vehicle when passing the school bus shall use due caution for the safety of school children and other occupants of the school bus.

C. The driver of a vehicle upon a street with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross
the roadway. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-705.


SECTION 15-517 SCHOOL BUS REQUIREMENTS; LIGHTS; SIGNS; PAINTING.

A. The provisions of Section 15-516 of this code shall be applicable only if the school bus is painted yellow and bears upon the front and rear thereon a plainly visible sign containing the words "SCHOOL BUS" in letters not less than eight (8) inches in height which can be removed or covered when the vehicle is not in use as a school
bus, and meets the requirements of Section 11-307 of Title 47 of the Oklahoma Statutes.

B. The school bus shall be equipped with four (4) red alternately flashing warning signal lights, two (2) of which shall be located high on the front and two (2) high on the rear of the vehicle. The lights shall be a minimum of four (4) inches in diameter and shall be widely separated. (Prior Code, Chapter 20)

State Law Reference; Similar provisions, 47 O.S. Section 11-307.

SECTION 15-518 DRIVING OF VEHICLES ON SIDEWALK PROHIBITED; EXCEPTION.

No person shall drive any vehicle within or upon any sidewalk area except at a permanent or temporary driveway. (Prior Code, Chapter 20)

SECTION 15-519 LIMITATIONS ON BACKING.

A. No vehicle shall be backed into an intersection or upon any street or highway, except for such distance as may be necessary to permit the vehicle to enter its proper driving lane without crossing the center of the street.

B. When backing, the driver shall yield the right-of-way to all vehicles and pedestrians and shall do so only while vision is not obstructed, at a reduced, careful speed, and after the driver has ascertained that such movement can be made without endangering or interfering with the flow of traffic. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. 1971, Section 11-1102.


SECTION 15-520 CLINGING TO VEHICLES PROHIBITED.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any moving vehicle upon a roadway. (Prior Code, Chapter 20)

SECTION 15-521 ENTERING AND LEAVING CONTROLLED ACCESS HIGHWAYS.

No person shall drive a vehicle onto or from any controlled-access highway except at entrances and exits established by public authority. (Prior Code, Chapter 20)

SECTION 15-522 RECKLESS DRIVING.

Any person who drives any vehicle in a wanton manner without regard for the safety of persons or property is guilty of reckless driving, and upon conviction thereof, shall be fined as provided in Section 1-108 of this code. (Prior Code, Chapter 20)

State Law Reference; Similar provisions, 47 O.S. Section 11-901.

SECTION 15-523 CARELESS OR NEGLIGENT DRIVING. STOPPING, OR PARKING.

It is unlawful for any person to drive, use, operate, park, cause to be parked, or stop any vehicle in a careless or negligent manner, or in such a manner as to endanger life, limb, person, or property, or as to interfere with the lawful movement of traffic or use of the streets. (Prior Code, Chapter 20)

SECTION 15-524 DRIVING WHILE UNDER THE INFLUENCE OF DRUGS.

A. No person shall drive, operate, or be in actual physical control of any motor vehicle upon any highway who is under the influence of any substance included in the Uniform Controlled Dangerous Substance Act. The fact that any person charged with a violation of this provision is or has been lawfully entitled to use such controlled substance shall not constitute a defense.

B. Any person who violates this section shall be guilty of an offense and, upon conviction thereof, shall be fined in a sum as provided in Section 1-108 of this code. (Prior Code, Chapter 20)

State Law Reference; Driving under influence of liquor, drugs, 47 O.S. Section 11-902; Uniform Controlled Dangerous Substance Act, 63 O.S. Sections 2-101 et seq.

SECTION 15-525 DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL.

A. It is unlawful for any person who is under the Influence of intoxicating liquor or non-intoxicating beverage to drive, operate or be in actual physical control of any motor vehicle in the city.

B. Any person who operates a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol is subject to punishment as provided in Section 1-108 of this code and license suspension as provided in Title 47 of the Oklahoma Statutes. (Prior Code, Chapter 20)

State Law Reference: Mandatory revocation of license for DUI, 47 O.S. Section 6-205; testing procedures for DUI, 47 O.S. Sections 751 et seq.

Cross Reference; Transporting open container, Part 3 of this code.

SECTION 15-526 EVIDENCE OF INTOXICATION OR IMPAIRED ABILITY IN PROSECUTION OF DUI.

Upon the prosecution of any person for a violation of Sections 15-524 and 15-525 of this code, evidence of the amount of alcohol in such person's blood, as shown by a chemical analysis of his blood or breath, is admissible. For the purpose of this section:

1. Evidence that there was five-hundredths (5/100) of one percent (1%) or less by weight of alcohol in his blood is prima facie evidence that the person was not under the influence of alcohol or intoxicating liquor;

2. Evidence that there was more than five-hundredths (5/100) of one percent (1%) by weight of alcohol in the person's blood is relevant evidence of operating a motor vehicle while his ability to operate such motor vehicle is impaired by the consumption of alcohol or intoxicating liquor; however, no person shall be convicted of the offense of operating a motor vehicle while his ability to operate such vehicle is impaired by consumption of alcohol or intoxicating liquor solely because there was more than five-hundredths (5/100) of one percent (1%) by weight of alcohol in the person's blood in the absence of additional evidence that such person's driving was affected by the consumption of alcohol to the extent that the public health and safety was threatened or that the person had violated a state statute or local ordinance in the operation of a motor vehicle;

3. Evidence that there was ten-hundredths (10/100) of one percent (1%) or more by weight of alcohol in his blood shall be admitted as prima facie evidence that the person was under the influence of alcohol or intoxicating liquor;

4. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood; and

5. To be admissible such evidence must first be qualified by establishing that such specimen was obtained from the subject within not more than two (2) hours of the arrest of the subject.

        (Prior Code, Chapter 20)

       State Law Reference: Similar provisions, 47 O.S. Section 756.

SECTION 15-527 ATTENTION TO DRIVING REQUIRED.

The operator of every vehicle while driving shall devote his full time and attention to such driving.

SECTION 15-528 SPEED CONTEST PROHIBITED.

A. No person shall engage in, aid or abet any motor vehicle speed contest or exhibition of speed on any street or highway.

B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway.

C. When three (3) or more persons assemble to witness or participate in an unlawful speed contest such assembly is unlawful assembly and any person who participates in such unlawful assembly is guilty of an offense. (Prior Code, Chapter 20)

SECTION 15-529 PERMITS REQUIRED FOR PARADES AND PROCESSIONS.

No funeral, procession, or parade containing two hundred (200) or more persons or fifty (50) or more vehicles except the military forces of the United States and the military forces of this state, shall occupy, march, or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (Prior Code, Chapter 20)

State Law Reference: Local powers to regulate processions, 47 O.S. Section 15-102.

SECTION 15-530 DRIVING THROUGH SAFETY ZONE.

No vehicle shall at any time be driven through or within a safety zone or island. (Prior Code, Chapter 20)

SECTION 15-531 STARTING PARKED VEHICLE.

No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. (Prior Code, Chapter 20)

SECTION 15-532 OPENING AND CLOSING VEHICLE DOORS.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so; nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-1105.

SECTION 15-533 OBSTRUCTIONS 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 (3), 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 driving 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 sides or to interfere with his control over the driving mechanism of the vehicle.

C. The driver's view should not be obstructed by any thing or item, including but limited to ice, snow or other substance. (Prior Code, Chapter 20)

SECTION 15-534 BOARDING OR ALIGHTING FROM VEHICLES.

No person shall board or alight from any vehicle while such vehicle is in motion. (Prior Code, Chapter 20)

SECTION 15-535 UNLAWFUL RIDING.

No person shall ride on any such vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended for merchandise. (Prior Code, Chapter 20)

SECTION 15-536 PRIVATE SERVICE DRIVES.

No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise. (Prior Code, Chapter 20)

SECTION 15-537 DESIGNATION OF TRUCK ROUTES.

A. The city traffic authority, subject to any directions which the council may give by motion or resolution, may prescribe routes through the city for the use of trucks in general, trucks of particular kinds and/or other vehicles which are not ordinary private passenger vehicles, passing through the city. Appropriate and adequate signs shall be placed along such routes so that drivers of such vehicles may follow the routes.

B. When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed, as provided above, while passing through the city, shall keep on such route and shall not deviate therefrom except in case of emergency. Drivers of such vehicles shall follow such routes so far as practicable also when driving within the city and not merely through the city. (Prior Code, Chapter 20)

SECTION 15-538 LOADS ON VEHICLES.

A. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway.

B. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway. Any vehicle loaded with sand, cinders, or other loose material susceptible to
blowing or escaping by reason of wind shall have the load covered or dampened so as to prevent the blowing or escaping of the load from the vehicle.

C. This section shall apply to trucks loaded with livestock, poultry or agricultural products only except baled agricultural products, provided that any such truck shall be so constructed or loaded as to prevent such livestock or poultry from escaping therefrom. (Prior Code, Chapter 20)

SECTION 15-539 VEHICLE APPROACHING OR ENTERING INTERSECTION.

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; provided that, the driver of a vehicle on a street which is not a state or federal highway approaching an intersection with a state or federal highway shall stop and yield the right-of-way to a vehicle which has entered the intersection or which is so close thereto as to constitute an immediate hazard.

B. When two (2) vehicles enter an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, except as provided in Subsection A of this section.

C. The right-of-way rule declared in Subsection A of this section is modified at through highways as otherwise stated in this chapter. (Prior Code, Chapter 20)

SECTION 15-540 VEHICLE TURNING LEFT AT INTERSECTION.

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. After so yielding and having given signal when and as required by this code, the driver may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-402.

SECTION 15-541 VEHICLE APPROACHING A "YIELD RIGHT-OF-WAY" SIGN.

The driver of a vehicle approaching a "Yield Right-of-way" sign shall slow to a reasonable speed for existing conditions of traffic and visibility, yielding the right-of-way to all vehicles on the intersecting street or highway which have entered the intersection or which are so close as to constitute an immediate hazard. (Prior Code, Chapter 20)

State Law Reference; Similar provisions, 47 O.S. Section 11-403.

SECTION 15-542 VEHICLE ENTERING THROUGH HIGHWAY.

Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle shall stop as required by this code at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the inter-section from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard. (Prior Code, Chapter 20)

SECTION 15-543 VEHICLES FACING STOP, SLOW, WARNING OR CAUTION SIGNAL.

If two (2) or more vehicles face stop, slow, warning or caution signs or signals at an intersection and are approaching as to enter the intersection at the same time, the following rules shall apply: If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way. If each vehicle is required to slow, the vehicle coming from the right shall have the right-of-way. If each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way. If one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way. In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the inter- section. (Prior Code, Chapter 20)

SECTION 15-544 THROUGH STREETS.

A. The city council, by motion or resolution, may designate any street or part of a street a through street.

B. Whenever the city council designates and describes a through street, the city traffic authority shall have placed and maintained a stop sign, or yield sign if deemed more appropriate, shall be placed and maintained on every street intersecting a through street, or intersecting that portion thereof, unless traffic at such intersection is controlled at all times by traffic control signals.

C. At the intersection of two (2) such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the city traffic authority if deemed desirable. (Prior Code, Chapter 20)

SECTION 15-545 FOUR-LANE ROADWAYS.

U. S. Highway 81 from Plato Avenue north to the city limits of the city and Main Street from the Willow Creek Bridge on Main Street west to U.S. Highway 81 Bypass are hereby designated as four-lane roadways, and shall be appropriately marked as such. (Prior Code, Sec. 20-60)

SECTION 15-546 ESTABLISHING A TRUCK ROUTE THROUGH THE CITY.

A truck route to be as follows is hereby established; The U.S. 81 Bypass and S.H. 7 Bypass; Sixth and Seventh Streets from Bois D'Arc Avenue to Hickory Avenue from U.S. 81 Bypass to Eastland Avenue; Fifth Street from Bois D'Arc Avenue to Elder Avenue; Main Street from U.S. 81 Bypass to 12th Street; 12th Street from Main Street to Walnut Avenue; Walnut Avenue from 12th Street to Seventh Street. (Prior Code, Sec. 20-68)

SECTION 15-547 INTERSECTIONS WHERE STOP OR YIELD REQUIRED.

The city traffic authority, subject to any directions given by the council by motion or resolution, is hereby authorized to determine and designate intersections upon other than through streets where particular hazards exist and to determine whether:

1. Vehicles shall stop at one or more entrances to any such stop intersection, in which event be shall cause to be erected a stop sign at every such place a stop is required; or

2. Vehicles shall yield the right-of-way to vehicles on a different street as provided in this code, in which event be shall cause to be erected a yield sign at every place where yield is required.

        (Prior Code, Chapter 20)

SECTION 15-548 STOP OR YIELD SIGN CONSTRUCTION AND PLACEMENT.

Every stop or yield sign erected pursuant to this chapter shall bear the word "Stop" or "Yield" in letters not less than eight (8) inches in height for a stop sign and not less than seven (7) inches in height for a yield sign. Every stop or yield sign shall at night be rendered luminous by steady or flashing internal illumination, by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop or yield sign shall be located as close as practicable to the nearest line of the crosswalk on the near side of the intersection or if there is no crosswalk, then the sign shall be located at the nearest line of the intersecting roadway.  (Prior Code, Chapter 20)

SECTION 15-549 VEHICLE ENTERING STOP INTERSECTION.

Except when directed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line before entering the intersection. If there is no marked stop line, then the driver shall stop at the point nearest the intersecting road where the driver has a view of approaching traffic on an intersecting roadway before entering the intersection. A driver after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or road, or which is approaching so close as to constitute immediate hazard; but the driver having so yielded may then proceed and the driver of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding. (Prior Code, Chapter 20)

SECTION 15-550 VEHICLE ENTERING YIELD INTERSECTION.

The driver of a vehicle approaching a yield sign shall, in observance to such sign, slow down to a speed reasonable for the existing condition or shall stop if necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and to any vehicle in the intersection or approaching on another road so closely as to constitute an immediate hazard. The driver having so yielded may then proceed and drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. A driver who enters a yield intersection without stopping and has or causes a collision with a pedestrian at a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The provisions of this section shall not release the drivers of other vehicles approaching the intersection at such a distance as not to constitute immediate hazard from the duty to drive with due care to avoid a collision. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection before entering the intersection; if there is no crosswalk, the driver shall stop at a clearly marked stop line, or if there is no stop line, then at the nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (Prior Code, Chapter 20)

SECTION 15-551 VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle about to enter, leave or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway. (Prior Code, Chapter 20)

State Law Reference: Similar provisions, 47 O.S. Section 11-404.

SECTION 15-552 VEHICLES ENTERING TRAFFIC FROM PARKING.

Any vehicle attempting to re-enter traffic while parked at the curb shall yield the right-of-way to oncoming traffic in the street approaching from the rear. The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his intention of turning from the curb and into the line of traffic. The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists. (Prior Code, Chapter 20)

SECTION 15-553 EMERGING FROM THE ALLEY, DRIVEWAY, OR BUILDING.

The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alley way or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Prior Code, Chapter 20)

State Law Reference; Similar provisions, 47 O.S. Section 11-704.

SECTION 15-554 STOP WHEN TRAFFIC OBSTRUCTED.

No driver shall enter an intersection or a marked cross walk unless there is sufficient space on the other side of the intersection or cross walk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. (Prior Code, Chapter 20)

SECTION 15-555 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.

A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

3. A railroad train approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (Prior Code, Chapter 20)

SECTION 15-556 CERTAIN VEHICLES TO STOP AT ALL RAILROAD GRADE CROSSINGS.

A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying 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 fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, 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. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks.

B. No stop need be made at any such crossing where a police officer or traffic control signal directs traffic to proceed. (Prior Code, Chapter 20)

 

CHAPTER 6 - TRAFFIC CONTROL DEVICES

Section 15-601 Authority to install traffic-control devices

Section 15-602 Traffic control devices; uniform requirements

Section 15-603 Obedience to official traffic control devices

Section 15-604 When official traffic control devices required for enforcement purposes

Section 15-605 Traffic control signal legend

Section 15-606 Pedestrians; signal indicators; regulations

Section 15-607 Flashing signals

Section 15-608 Unauthorized traffic control devices prohibited

Section 15-609 Defacement of traffic control devices

Section 15-610 Play streets, authority to establish

Section 15-611 Play streets, restriction on use

Section 15-612 Designation of crosswalks and safety zones

Section 15-613 Traffic lanes

SECTION 15-601 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES.

A. The city traffic authority, subject to any directions which the council may give by motion or resolution, shall have placed and maintained traffic-control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of such ordinances, and may have placed and maintained such additional traffic-control signs, signals, and devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law or to guide or warn traffic.

B. The city traffic authority may have traffic-control devices tested under actual conditions of traffic. (Prior Code, Chapter 20)

Cross-Reference: For state law relating to traffic-control devices, see 47 O.S. Sections 11-201 et seq.

SECTION 15-602 TRAFFIC CONTROL DEVICES; UNIFORM REQUIREMENTS.

A. All traffic control signs, signals, and devices shall conform to the Manual of Uniform Traffic Control Devices approved by the State Department of Public Safety.

B. All signs, signals, and devices required hereunder for a particular purpose shall so far as practicable be uniform as to type and relative location throughout the city. All traffic control devices erected and not inconsistent with the provisions of state law or this chapter shall be official traffic control devices. (Prior Code, Chapter 20)

SECTION 15-603 OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES.

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this part. (Prior Code, Chapter 20)

State Law Reference; Drivers to obey traffic devices, 47 O.S. Section 11-201.

SECTION 15-604 WHEN OFFICIAL TRAFFIC CONTROL DEVICES REQUIRED FOR ENFORCEMENT PURPOSES.

No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. (Prior Code, Chapter 20)

SECTION 15-605 TRAFFIC CONTROL SIGNAL LEGEND.

A. The display of signal lights, arrows and words shall be deemed to have the following meanings and requires the appropriate response on the part of vehicular traffic and pedestrians:

1. Green alone, "go":

 

a. Vehicular traffic facing the signal, except when prohibited, may proceed straight through or turn right or left unless an official sign at such place prohibits such turn, but any vehicle and any pedestrian lawfully within the intersection or adjacent crosswalk at the time the signal displays green shall have the right-of-way over such vehicular traffic; and

b. Pedestrian traffic, facing a green signal may proceed across the roadway within any marked or unmarked crosswalk unless a "walk" signal indicator is operating;

2. Steady yellow or amber alone, "caution":

a. The showing of such signal color following green shall constitute a warning that the "red" or "stop" signal will be exhibited imme- diately thereafter; and

b. Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is so near the limit line when the "caution" signal first flashes that a
stop cannot be made in safety, in which event vehicles may proceed cautiously through the intersection and clear the same before the "red" signal flashes;

3. Red alone, "stop":

a. Vehicular traffic facing the signal shall stop before entering the crosswalk and shall remain standing until green or "go" is shown alone. Except where official signs are erected prohibiting such turns, vehicles in the right traffic lane, after making a full stop as required, may enter the intersection cautiously and make a right turn, but such vehicles shall yield the right-of-way to any pedestrians or other traffic in the intersection and the turn shall be made so as not to interfere in any way with traffic proceeding on a green signal indication on the cross street; and

b. Pedestrians facing the signal shall not enter or cross the roadway when such movement interferes