CIVIL TRAFFIC ORDINANCE
RULES OF THE ROAD
OBEDIENCE
TO AND EFFECT OF TRAFFIC LAWS
8.61.005 Chapter
Refers to Vehicles Upon Highways - Exceptions
8.61.015 Obedience
to Police Officers, Flagmen, or Fire Fighters
8.61.022 Failure to Obey Officer - Penalty
8.61.025 Persons Riding Animals or Driving
Animal-Drawn Vehicles
8.61.030 Persons Working on Highway Right of
Way - Exceptions
8.61.035 Authorized Emergency Vehicles
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
8.61.050 Obedience to and Required Traffic
Control Devices
8.61.075 Display of Unauthorized Signs,
Signals, or Markings
8.61.080 Interference with Official
Traffic-Control Devices, Signs or Signals
DRIVING ON RIGHT SIDE OF ROADWAY-- OVERTAKING AND PASSING--USE OF ROADWAY
8.61.100 Keep Right Except When Passing, etc.
8.61.105 Passing Vehicles Proceeding in
Opposite Directions
8.61.110 Overtaking a Vehicle on the Left
8.61.115 When Overtaking on the Right is
Permitted
8.61.120 Limitations on Overtaking on the
Left
8.61.125 Further Limitations on Driving to
Left of Center of Roadway
8.61.130 No-passing Zones
8.61.135 One-way Roadways and Rotary Traffic
Islands
8.61.140 Driving on Roadways Laned for
Traffic
8.61.145 Following too Closely
RIGHT OF WAY
8.61.180 Vehicle Approaching Intersection
8.61.185 Vehicle Turning Left
8.61.190 Vehicle Entering Stop or Yield
Intersection
8.61.195 Arterial Highways Designated -
Stopping on Entering
8.61.200 Stop Intersections Other than
Arterial May Be Designated
8.61.202 Stopping When Traffic Obstructed
8.61.205 Vehicle Entering Highway from
Private Road or Driveway
8.61.210 Operation of Vehicles on Approach of
Authorized Emergency Vehicles
8.61.215 Highway Construction and Maintenance
8.61.220 Transit Vehicles
PEDESTRIANS' RIGHTS AND DUTIES
8.61.230 Pedestrians Subject to Traffic
Regulations
8.61.235 Stopping for Pedestrians in
Crosswalks
8.61.240 Crossing at Other than Crosswalks
8.61.245 Drivers to Exercise Care
8.61.250 Pedestrians on Roadways
8.61.255 Pedestrians Soliciting Rides or
Business
8.61.261 Pedestrians' Right of Way on
Sidewalk
8.61.264 Pedestrians Yield to Emergency
Vehicles
8.61.266 Pedestrians Under the Influence of
Alcohol or Drugs
TURNING AND STARTING AND SIGNALS ON
STOPPING AND TURNING
8.61.290 Required Position and Method of
Turning at Intersections.
8.61.295 "U" Turns
8.61.300 Starting Parked Vehicle
8.61.305 Turning, Stopping, Moving Right or
Left - Signals Required - Improper Use Prohibited
8.61.310 Signals by Hand and Arm or Signal
Lamps
8.61.315 Method of Giving Hand and Arm
Signals
SPECIAL STOPS REQUIRED
8.61.365 Emerging from Alley, Driveway, or
Building
8.61.370 Overtaking or Meeting School Bus -
Duties of Bus Driver
8.61.371 Violators of School Bus Stop Sign
Laws - Identification by Vehicle Owner
8.61.372 Violators of School Bus Stop Sign
Laws - Report by Bus Driver - Law Enforcement Investigation
8.61.375 Overtaking or Meeting Private
Carrier Bus - Duties of Bus Driver
SPEED RESTRICTIONS
8.61.400 Basic rule and maximum limits
8.61.425 Minimum speed regulation - Passing
slow moving vehicle
8.61.427 Slow moving vehicle to pull off
roadway
8.61.440 Maximum speed limit when passing
school or playground crosswalks
8.61.445 Due care required
8.61.455 Vehicles with solid or hollow
cushion tires
8.61.460 Special speed limitation on
motor-driven cycle
8.61.465 Exceeding speed limit evidence of
reckless driving
8.61.470 Speed traps defined, certain types
permitted - Measured courses, speed measuring devices, timing from aircraft.
ALCOHOL AND RECKLESS RELATED
8.61.519 Alcoholic Beverages - Drinking or
Open Container in Vehicle on Highway - Exceptions
8.61.5195 Disguising Alcoholic Beverage
Container
8.61.525 Operating Motor Vehicle in a
Negligent Manner - Penalty - Exception
8.61.527 Roadway Construction Zones
8.61.530 Racing of Vehicles on Highways -
Reckless Driving - Exception
STOPPING, STANDING, AND PARKING
8.61.560 Stopping, Standing, or Parking
Outside Business or Residence Districts
8.61.570 Stopping, Standing, or Parking
Prohibited in Specified Places - Reserving Portion of Highway Prohibited
8.61.575 Additional Parking Regulations
8.61.590 Unattended Motor Vehicle - Removal
from Highway
MISCELLANEOUS RULES
8.61.600 Unattended Motor Vehicle
8.61.605 Limitations on Backing
8.61.606 Driving on Sidewalk Prohibited -
Exception
8.61.608 Operating Motorcycles on Roadways
Laned for Traffic
8.61.610 Riding on Motorcycles
8.61.611 Motorcycles - Maximum Height for
Handlebars
8.61.612 Riding on Motorcycles - Both Feet
not to Be on Same Side
8.61.613 Motorcycles - Temporary Suspension
of Restrictions for Parades or Public Demonstrations
8.61.614 Riding on Motorcycles - Clinging to
Other Vehicles
8.61.615 Obstructions to Driver's View or
Driving Mechanism
8.61.620 Opening and Closing Vehicle Doors
8.61.625 Riding in Trailers
8.61.630 Coasting Prohibited
8.61.635 Following Fire Apparatus Prohibited
8.61.640 Crossing Fire Hose
8.61.645 Throwing Dangerous Materials on
Highway Prohibited - Removal
8.61.655 Dropping Load, Other Materials -
Covering
8.61.660 Carrying Persons or Animals on
Outside Part of Vehicle
8.61.665 Embracing Another While Driving
8.61.670 Driving with Wheels off Roadway
8.61.675 Causing or Permitting Vehicle to be
Unlawfully Operated
8.61.680 Lowering Passenger Motor Vehicle
below Legal Clearance - Penalty
8.61.685 Leaving Children Unattended in
Standing Vehicle with Motor Running - Penalty
8.61.687 Child Passenger Restraint Required -
Conditions - Exceptions - Penalty for Violation - Dismissal - Noncompliance not
Negligence
8.61.688 Safety Belts, Use Required -
Penalties - Exemptions
8.61.700 Parent or Guardian Shall Not
Authorize or Permit Violation by a Child or Ward
8.61.710 Mopeds - General Requirements and
Operation
8.61.720 Mopeds - Safety Standards
8.61.730 Wheelchair Conveyances
OPERATION OF NONMOTORIZED VEHICLES
8.61.750 Effect of Regulations - Penalty
8.61.755 Traffic Laws Apply to Persons Riding
Bicycles
8.61.758 Hand Signals
8.61.760 Riding on Bicycles
8.61.765 Clinging to Vehicles
8.61.770 Riding on Roadways and Bicycle Paths
8.61.775 Carrying Articles
8.61.780 Lamps and Other Equipment on Bicycles
Obedience
to and Effect of Traffic Laws
8.61.005 Chapter
Refers to Vehicles Upon Highways - Exceptions
The
provisions of this chapter relating to the operation of vehicles refer
exclusively to the operation of vehicles upon highways except:
(a)
Where a different place is specifically referred to in a given section.
(b) The
provisions of 8.52.010 through 8.52.090 and 8.61.5195 through 8.61.525 apply
upon highways and elsewhere throughout the Skokomish Indian Reservation.
8.61.015 Obedience
to Police Officers, Flagmen, or Fire Fighters.
No
person shall willfully fail or refuse to comply with any lawful order or
direction of any duly authorized flagman or any police officer or fire fighter
invested by law with authority to direct, control, or regulate traffic.
8.61.022 Failure
to Obey Officer - Penalty
Any
person who willfully fails to stop when requested or signaled to do so by a
person reasonably identifiable as a law enforcement officer is guilty of a
class C criminal violation.
8.61.025 Persons
Riding Animals or Driving Animal-Drawn Vehicles
Every
person riding an animal or driving any animal-drawn vehicle upon a roadway
shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter except those provisions
of this chapter which by their very nature can have no application.
8.61.030 Persons
Working on Highway Right of Way - Exceptions
Unless
specifically made applicable, the provisions of this chapter shall not apply to
persons, motor vehicles and other equipment while legitimately engaged in work
within the right of way of any highway but shall apply to these persons and
vehicles when traveling to or from such work.
8.61.035 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 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.
(b) The
driver of an authorized emergency vehicle may:
(1) Park
or stand, irrespective of the provisions of this chapter;
(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 he does not endanger life or
property;
(4)
Disregard regulations governing direction of movement or turning in
specified directions.
(c) The
exemptions granted to an authorized emergency vehicle shall apply only when the
vehicle is making use of visual signals, except that:
(1) 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;
(2)
authorized emergency vehicles shall use audible signals when necessary
to warn others of the emergency nature of the situation but in no case shall
they be required to use audible signals while parked or standing.
(d) The
foregoing provisions 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 these provisions protect the driver from the consequences of his
reckless disregard for the safety of others.
Traffic
Signs, Signals, and Markings
8.61.050 Obedience
to and Required Traffic Control Devices.
(a) The
driver of any vehicle, every bicyclist, and every pedestrian shall obey the
instructions of any applicable official traffic control device placed in
accordance with the provisions of this chapter, unless otherwise directed by a
police officer, subject to the exception granted the driver of an authorized
emergency vehicle in this chapter.
(b) No
provision of this chapter for which official traffic control devices are
required is 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 or visible to be seen by an ordinarily observant person. Whenever a particular section does not state
that official traffic control devices are required, that section is effective
even though no devices are erected or in place.
(c)
Whenever official traffic control devices are placed in position
approximately conforming to the requirements of this chapter, the devices are
presumed to have been so placed by the official act or direction of lawful
authority, unless the contrary is established by competent evidence.
(d) Any
official traffic control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to
these devices is presumed to comply with the requirements of this chapter,
unless the contrary is established by competent evidence.
8.61.075 Display
of Unauthorized Signs, Signals, or Markings.
(a) No
person shall place, maintain or display upon or in view of any highway any
unauthorized sign, signal, marking or device which purports to be or is an
imitation of or resembles an official traffic-control device, sign or signal,
or which attempts to direct the movement of traffic, or which hides from view
or interferes with the effectiveness of an official traffic-control device or
any sign or signal.
(b) No
person shall place or maintain nor shall any public authority permit upon any
highway any traffic sign or signal bearing thereon any commercial advertising.
(c) This
section shall not be deemed to prohibit the erection upon private property
adjacent to highways of signs giving useful directional information and of a
type that cannot be mistaken for official signs.
(d)
Every prohibited sign, signal or marking is hereby declared to be a
public nuisance and the Skokomish Department of Public Safety is hereby
empowered to remove the same or cause it to be removed without notice.
8.61.080 Interference with Official
Traffic-Control Devices Signs or Signals.
No
person shall, without lawful authority, attempt to or in fact alter, deface,
injure, knock down or remove any official traffic-control device or any sign or
signal or any inscription, shield or insignia, or any other part.
Driving on Right Side of Roadway - Overtaking and Passing -
Use of Roadway
8.61.100 Keep
Right Except When Passing, Etc.
Upon
all roadways of sufficient width a vehicle shall be driven upon the right half
of the roadway, except as follows:
(a) When
overtaking and passing another vehicle proceeding in the same direction under
the rules governing such movement;
(b) When
an obstruction exists making it necessary to drive to the left of the center of
the highway; provided, any person so doing shall yield the right of way to all
vehicles traveling in the proper direction upon the unobstructed portion of the
highway within such distance as to constitute an immediate hazard;
(c) Upon
a roadway divided into three marked lanes and providing for two-way movement
traffic under the rules applicable thereon; or
(d) Upon
a street or highway restricted to one-way traffic.
8.61.105 Passing
Vehicles Proceeding in Opposite Directions
Drivers
of vehicles proceeding in opposite directions shall pass each other to the
right, and upon roadways having width for not more than one line of traffic in
each direction each driver shall give to the other at least one-half of the
main-traveled portion of the roadway as nearly as possible.
8.61.110 Overtaking
a Vehicle on the Left
The
following rules shall govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions and special
rules hereafter stated:
(a) The
driver of a vehicle overtaking another vehicle proceeding in the same direction
shall pass to the left at a safe distance and shall not again drive to the
right side of the roadway until safely clear of the overtaken vehicle.
(b) 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.
8.61.115 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 roadway with unobstructed pavement of sufficient width for two or more lines
of vehicles moving lawfully in the direction being traveled by the overtaking
vehicle.
(b) The
driver of a vehicle may overtake and pass another vehicle upon the right only
under conditions permitting the movement in safety. The movement shall not be made by driving off the roadway.
8.61.120 Limitations
on Overtaking on the Left
No
vehicle shall be driven to the left side of the center of the roadway in
overtaking and passing another vehicle proceeding in the same direction unless
authorized by this chapter and unless the left side is clearly visible and is
free of oncoming traffic for a sufficient distance ahead to permit the
overtaking and passing to be completely made without interfering with the
operation of any vehicle approaching from the opposite direction or any vehicle
overtaken. In every event the
overtaking vehicle must return to an authorized lane of travel as soon as
practicable and in the event the passing movement involves the use of a lane
authorized for vehicles approaching from the opposite direction, before coming
within two hundred feet of any approaching vehicle.
8.61.125 Further
Limitations on Driving to Left of Center of Roadway
(a) No
vehicle shall be driven on the left side of the roadway under the following
conditions:
(1) When
approaching or upon the crest of a grade or 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
the view is obstructed upon approaching within one hundred feet of any bridge
or viaduct.
(b) The
foregoing limitations shall not apply upon a one-way roadway, nor under the
conditions described in 8.61.100(b), nor to the driver of a vehicle turning
left into or from an alley, private road or driveway.
8.61.130 No-passing
zones
(a) The
appropriate Tribal or state authorities shall determine those portions of any
highway under their respective jurisdictions where overtaking and passing or
driving to the left of the roadway would be especially hazardous and may by
appropriate signs or markings on the roadway indicate the beginning and end of
the zones. When the signs or markings
are in place and clearly visible to an ordinarily observant person every driver
of a vehicle shall obey their directions.
(b)
Where signs or markings are in place to define a no-passing zone as set
forth in subsection (a), no driver may at any time drive on 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.
(c) This
section does not apply under the conditions described in 8.61.100(b) nor to the
driver of a vehicle turning left into or from an alley, private road, or
driveway.
8.61.135 One-Way Roadways and
Rotary Traffic Islands
(a) The
Skokomish Tribal Council may designate any highway, roadway, part of a roadway,
or specific lanes upon which vehicular traffic shall proceed in one direction
as indicated by official traffic control devices.
(b) Upon
a roadway so designated for one-way traffic, a vehicle shall be driven only in
the direction designated as is indicated by official traffic control devices.
8.61.140 Driving
on Roadways Laned for Traffic
Whenever
any roadway has been divided into two or more clearly marked lanes for traffic
the following rules, consistent with all others, shall apply:
(a) A
vehicle shall be driven as nearly as practicable entirely within a single lane
and shall not be moved from that lane until the driver has first determined
that the movement can be made with safety.
(b) Upon
a roadway which is divided into three lanes and provides for two-way movement
of traffic, a vehicle shall not be driven in the center lane except in
preparation for making a left turn and the allocation shall be designated by
official traffic-control devices.
(c)
Official traffic-control devices may be installed prohibiting the
changing of lanes on sections of roadway and drivers of vehicles shall obey the
directions of every such device.
8.61.145 Following
too Closely
(a) 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 the vehicles and the
traffic upon and the condition of the highway.
(b) The
driver of any motor truck or motor vehicle drawing another vehicle when
traveling upon a roadway outside of a business or residence district and which
is following another motor truck or motor vehicle drawing another vehicle
shall, whenever conditions permit, leave sufficient space so that an overtaking
vehicle may enter and occupy the space without danger, except that this shall
not prevent a motor truck or motor vehicle drawing another vehicle from overtaking
and passing any like vehicle or other vehicle.
(c)
Motor vehicles being driven upon any roadway outside of a business or
residence district in a caravan or motorcade whether or not towing other
vehicles shall be so operated as to allow sufficient space between the vehicles
or combination of vehicles so as to enable any other vehicle to enter and
occupy the space without danger. This
provision shall not apply to funeral processions.
Right
of Way
8.61.180 Vehicle
Approaching Intersection
(a) When
two vehicles approach or enter an intersection from different 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.
(b) The
right of way rule declared in subsection (a) of this section is modified at
arterial highways and otherwise as stated in this chapter.
8.61.185 Vehicle
Turning Left
The
driver of a vehicle intending to turn to the left within an intersection or
into an alley, private road, or driveway shall yield the right of way to any
vehicle approaching from the opposite direction which is within the
intersection or so close as to constitute an immediate hazard.
8.61.190 Vehicle
Entering Stop or Yield Intersection
(a)
Preferential right of way may be indicated by stop signs or yield signs
as authorized.
(b)
Except when directed to proceed by a duly authorized flagman, police
officer, or fire fighter vested by law with authority to direct, control, or
regulate traffic, every driver of a vehicle approaching a stop sign shall stop
at a clearly marked stop line, but if none, before entering a marked crosswalk
on the near side of the intersection or, if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering the roadway, and after having stopped shall yield the
right of way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time when
the driver is moving across or within the intersection or junction of roadways.
(c) The
driver of a vehicle approaching a yield sign shall slow down to a speed
reasonable for the existing conditions and, if required for safety to stop,
shall stop at a clearly marked stop line, but if none, before entering a marked
crosswalk on the near side of the intersection or if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the roadway, and then after
slowing or stopping, the driver shall yield the right of way to any vehicle in
the intersection or approaching on another roadway so closely as to constitute
an immediate hazard during the time the driver is moving across or within the
intersection or junction of roadways.
If a driver is involved in a collision with a vehicle in the
intersection or junction of roadways, after driving past a yield sign without
stopping, the collision is deemed prima facie evidence of his failure to yield
right of way.
8.61.195 Arterial
Highways Designated - Stopping on Entering.
All
state highways are arterial highways as respects all other public highways or
private ways.
The
operator of any vehicle entering upon any arterial highway from any other
public highway or private way shall come to a complete stop before entering the
arterial highway when stop signs are erected as provided by law.
8.61.200 Stop
Intersections Other Than Arterial May Be Designated.
In
addition to the points of intersection of any public highway with any arterial
public highway the Skokomish Tribal Council has the power to determine and
designate any particular intersection, or any particular highways, roads, or
streets or portions thereof, at any intersection with which vehicles shall be
required to stop before entering the intersection. Upon the determination and
designation of the points at which vehicles will be required to come to a stop
before entering the intersection, proper signs of the standard design shall be
posted and maintained indicating that the intersection has been so determined
and designated and that vehicles entering it are required to stop. It is unlawful for any person operating any
vehicle when entering any intersection determined, designated, and bearing the
required sign to fail and neglect to bring the vehicle to a complete stop
before entering the intersection.
8.61.202 Stopping
When Traffic Obstructed
No
driver shall enter an intersection or a marked crosswalk unless there is
sufficient space on the other side of the intersection or crosswalk to
accommodate the vehicle he is operating without obstructing the passage of
other vehicles or pedestrians notwithstanding any traffic control signal
indications to proceed.
8.61.205 Vehicle
Entering Highway From Private Road or Driveway
The
driver of a vehicle about to enter or cross a highway from a private road or
driveway shall yield the right of way to all vehicles lawfully approaching on
the highway.
8.61.210 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, 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 that position until the authorized
emergency vehicle has passed, except when otherwise directed by a police
officer.
(b) 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 using the
highway.
8.61.215 Highway
Construction and Maintenance.
(a) The
driver of a vehicle shall yield the right of way to any authorized vehicle or
pedestrian actually engaged in work upon a highway within any highway
construction or maintenance area indicated by official traffic control devices.
(b) The
driver of a vehicle shall yield the right of way to any authorized vehicle
obviously and actually engaged in work upon a highway whenever the vehicle
displays flashing amber lights.
8.61.220 Transit
Vehicles
(a) The
driver of a vehicle shall yield the right of way to a transit vehicle traveling
in the same direction that has signaled and is reentering the traffic flow.
(b)
Nothing in this section shall operate to relieve the driver of a transit
vehicle from the duty to drive with due regard for the safety of all persons
using the roadway.
Pedestrians'
Rights and Duties
8.61.230 Pedestrians
Subject to Traffic Regulations
Pedestrians
are subject to traffic-control signs and signals at intersections as provided
in this chapter, and at all other places pedestrians shall be accorded the
privileges and are subject to the restrictions stated in this chapter.
8.61.235 Stopping
for Pedestrians in Crosswalks
(a) The
operator of an approaching vehicle shall stop and remain stopped to allow a
pedestrian to cross the roadway within an unmarked or marked crosswalk when the
pedestrian is upon or within one lane of the half of the roadway upon which the
vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway"
means all traffic lanes carrying traffic in one direction of travel, and
includes the entire width of a one-way roadway.
(b) No
pedestrian shall suddenly leave a curb or other place of safety and walk, run,
or otherwise move into the path of a vehicle which is so close that it is
impossible for the driver to stop.
(c)
Subsection (a) of this section does not apply under the conditions
stated in 8.61.240(b).
(d)
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and
pass the stopped vehicle.
8.61.240 Crossing
at Other Than Crosswalks
(a)
Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection shall yield
the right of way to all vehicles upon the roadway.
(b)
Where curb ramps exist at or adjacent to intersections or at marked
crosswalks in other locations, disabled persons may enter the roadway from the
curb ramps and cross the roadway within or as closely as practicable to the
crosswalk. All other pedestrian rights
and duties as defined elsewhere in this chapter remain applicable.
(c) No
pedestrian shall cross a roadway at an unmarked crosswalk where an official
sign prohibits the crossing.
8.61.245 Drivers
to Exercise Care
Notwithstanding
the foregoing provisions of this chapter every driver of a vehicle shall
exercise due care to avoid colliding with any pedestrian upon any roadway and
shall give warning by sounding the horn when necessary and shall exercise
proper precaution upon observing any child or any obviously confused or
incapacitated person upon a roadway.
8.61.250 Pedestrians
on Roadways
Where
sidewalks are not provided any pedestrian walking or otherwise moving along and
upon a highway shall, when practicable, walk or move only on the left side of
the roadway or its shoulder facing traffic which may approach from the opposite
direction and upon meeting an oncoming vehicle shall move clear of the roadway.
8.61.255 Pedestrians Soliciting
Rides or Business
(a) No
person shall stand in, on, or alongside a public roadway at any place where a
motor vehicle cannot safely stop off the main traveled portion for the purpose
of soliciting a ride for himself or for another from the occupant of any
vehicle.
(b) The
provisions of subsection (a) above shall not be construed to prevent a person
upon a public highway from soliciting, or a driver of a vehicle from giving a
ride where an emergency actually exists, nor to prevent a person from signaling
or requesting transportation from a passenger carrier for the purpose of
becoming a passenger thereon for hire.
(c) No
person shall stand in a roadway for the purpose of soliciting employment or
business from the occupant of any vehicle.
(d) No
person shall stand on or in proximity to a street or highway for the purpose of
soliciting the watching or guarding of any vehicle while parked or about to be
parked on a street or highway.
8.61.261 Pedestrians'
Right of Way on Sidewalk
The
driver of a vehicle shall yield the right of way to any pedestrian on a
sidewalk.
8.61.264 Pedestrians
Yield to Emergency Vehicles
(a) Upon
the immediate approach of an authorized emergency vehicle making use of audible
and visual signals, or of a police vehicle making use of an audible signal,
every pedestrian shall yield the right of way to the authorized emergency
vehicle.
(b) 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 using the
highway nor from the duty to exercise due care to avoid colliding with any
pedestrian.
8.61.266 Pedestrians
Under the Influence of Alcohol or Drugs
A
law enforcement officer may offer to transport a pedestrian who appears to be
under the influence of alcohol or any drug and who is walking or moving along
or within the right of way of a public roadway, unless the pedestrian is to be
taken into protective custody.
The
law enforcement officer offering to transport an intoxicated pedestrian under
this section shall:
(a)
Transport the intoxicated pedestrian to a safe place; or
(b)
Release the intoxicated pedestrian to a competent person.
The
law enforcement officer shall take no action if the pedestrian refuses this
assistance. No suit or action may be
commenced or prosecuted against the law enforcement officer or law enforcement
agency for any act resulting from the refusal of the pedestrian to accept this
assistance.
Turning and Starting and Signals on Stopping and Turning
8.61.290 Required Position and Method of
Turning at Intersections
The driver of a vehicle intending to turn shall
do so as follows:
(a)
Right Turns
Both the approach for
a right turn and a right turn shall be made as close as practicable to the
right-hand curb or edge of the roadway.
(b) Left
Turns
The driver of a vehicle intending to turn
left shall approach the turn in the extreme left-hand lane lawfully available
to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be
made to the left of the center of the intersection and so as to leave the
intersection or other location in the extreme left-hand lane lawfully available
to traffic moving in the same direction as the vehicle on the roadway being
entered.
(c) Two-Way
Left Turn Lanes
(1) The
Skokomish Tribal Council or agency of jurisdiction may designate a two-way left
turn lane on a roadway. A two-way left
turn lane is near the center of the roadway set aside for use by vehicles
making left turns in either direction from or into the roadway.
(2)
Two-way left turn lanes shall be designated by distinctive uniform
roadway markings.
(3) Upon
a roadway where a center lane has been provided by distinctive pavement
markings for the use of vehicles turning left from either direction, no
vehicles may turn left from any other lane.
A vehicle shall not be driven in this center lane for the purpose of overtaking
or passing another vehicle proceeding in the same direction. A signal, either electric or manual, for
indicating a left turn movement, shall be made at least one hundred feet before
the actual left turn movement is made.
8.61.295 "U"
Turns
(a) The
driver of any vehicle shall not turn the vehicle so as to proceed in the
opposite direction unless the movement can be made in safety and without
interfering with other traffic.
(b) No
vehicle shall be turned so as to proceed in the opposite direction upon any
curve, or upon the approach to or near the crest of a grade, where the vehicle
cannot be seen by the driver of any other vehicle approaching from either
direction within five hundred feet.
8.61.300 Starting
Parked Vehicle
No
person shall start a vehicle which is stopped, standing or parked unless and
until the movement can be made with reasonable safety.
8.61.305 Turning,
Stopping, Moving Right or Left - Signals Required - Improper Use Prohibited
(a)
No person shall turn a vehicle or move right or left upon a roadway
unless and until the movement can be made with reasonable safety nor without
giving an appropriate signal in the manner provided.
(b) A
signal of intention to turn or move right or left when required shall be given
continuously during not less than the last one hundred feet traveled by the
vehicle before turning.
(c) No
person shall stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal to the driver of any vehicle immediately to the
rear when there is opportunity to give a signal.
(d) The
signals provided for shall not be flashed on one side only on a disabled
vehicle, flashed as a courtesy or "do pass" signal to operators of
other vehicles approaching from the rear, nor be flashed on one side only of a
parked vehicle except as may be necessary for compliance with this section.
8.61.310 Signals
by Hand and Arm or Signal Lamps
(a)
Any stop or turn signal when required shall be given either by means of
the hand and arm or by signal lamps, except as otherwise provided in subsection
(b).
(b)
Any motor vehicle in use on a highway shall be equipped with, and
required signal shall be given by, signal lamps when the distance from the
center of the top of the steering post to the left outside limit of the body,
cab or load of the motor vehicle exceeds twenty-four inches, or when the
distance from the center of the top of the steering post to the rear limit of
the body or load exceeds fourteen feet.
The latter measurements shall apply to any single vehicle, also to any
combination of vehicles.
8.61.315 Method
of Giving Hand and Arm Signals
All
required signals given by hand and arm shall be given from the left side of the
vehicle in the following manner and the signals shall indicate as follows:
(a) Left
turn
Hand and arm extended horizontally.
(b) Right
turn
Hand and arm extended upward.
(c) Stop
or decrease speed
Hand and arm extended downward.
Special
Stops Required
8.61.365 Emerging
From Alley, Driveway, or Building
The
driver of a vehicle within a business or residence district emerging from an
alley, driveway or building shall stop the vehicle immediately prior to driving
onto a sidewalk or onto the sidewalk area extending across any alleyway 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 said roadway.
8.61.370 Overtaking
or Meeting School Bus - Duties of Bus Driver
(a) The
driver of a vehicle upon overtaking or meeting from either direction any school
bus which has stopped on the roadway for the purpose of receiving or
discharging any school children shall stop the vehicle before reaching the
school bus when there is in operation on the school bus a visual signal, and
the driver shall not proceed until the school bus resumes motion or the visual
signals are no longer activated.
(b) The
driver of a vehicle upon a highway with three or more marked traffic lanes need
not stop upon meeting a school bus which is proceeding in the opposite
direction and is stopped for the purpose of receiving or discharging school
children.
(c) The
driver of a school bus shall actuate the visual signals only when the bus is
stopped on the roadway for the purpose of receiving or discharging school
children.
(d) The
driver of a school bus may stop completely off the roadway for the purpose of
receiving or discharging school children only when the school children do not
have to cross the roadway. The school
bus driver shall actuate the hazard warning lamps before loading or unloading
school children at such stops.
8.61.371 Violators
of School Bus Stop Sign Laws - Identification by Vehicle Owner
If a law enforcement officer investigating a
violation of 8.61.370 has reasonable cause to believe that a violation has
occurred, the officer may request the owner of the motor vehicle to supply
information identifying the driver of the vehicle at the time the violation
occurred. When requested, the owner of
the motor vehicle shall identify the driver to the best of the owner's
ability. The owner of the vehicle is
not required to supply identification information to the law enforcement
officer if the owner believes the information is self-incriminating.
8.61.372 Violators of School Bus Stop Sign Laws - Report
by Bus Driver - Law Enforcement Investigation
(a) The
driver of a school bus who observes a violation of 8.61.370 may prepare a
written report on a form provided by the Washington State Patrol indicating
that a violation has occurred. The
driver of the school bus or a school official may deliver the report to the
Skokomish Department of Public Safety, not more than seventy-two hours after
the violation occurred. The driver
shall include in the report the time and location at which the violation
occurred, the vehicle license plate number, and a description of the vehicle
involved in the violation.
(b) The
law enforcement officer shall initiate an investigation of the reported
violation within ten working days after receiving the report described in
subsection (a) of this section by contacting the owner of the motor vehicle
involved in the reported violation and requesting the owner to supply
information identifying the driver.
Failure to investigate within the ten working day period does not
prohibit further investigation or prosecution.
If, after an investigation, the law enforcement officer is able to
identify the driver and has reasonable cause to believe a violation of 8.61.370
has occurred, the law enforcement officer shall prepare a notice of traffic
infraction and have it served upon the driver of the vehicle.
8.61.375 Overtaking
or Meeting Private Carrier Bus - Duties of Bus Driver
(a) The
driver of a vehicle upon overtaking or meeting from either direction any
private carrier bus which has stopped on the roadway for the purpose of
receiving or discharging any passenger shall stop the vehicle before reaching
the private carrier bus when there is in operation on said bus a visual signal
and the driver shall not proceed until the bus resumes motion or the visual
signals are no longer activated.
(b) The
driver of a vehicle upon a highway with three or more lanes need not stop upon
meeting a private carrier bus which is proceeding in the opposite direction and
is stopped for the purpose of receiving or discharging passengers.
(c) The
driver of a private carrier bus shall actuate the required visual signals only
when the bus is stopped on the roadway for the purpose of receiving or
discharging passengers.
(d) The
driver of a private carrier bus may stop a private carrier bus completely off
the roadway for the purpose of receiving or discharging passengers only when
the passengers do not have to cross the roadway. The private carrier bus driver shall actuate the hazard warning
lamps before loading or unloading passengers at such stops.
Speed
Restrictions
8.61.400 Basic
Rule and Maximum Limits
(a) No
person shall drive a vehicle on a highway at a speed greater than is reasonable
and prudent under the conditions and having regard to the actual and potential
hazards then existing. In every event
speed shall be so controlled as may be necessary to avoid colliding with any
person, vehicle or other conveyance on or entering the highway in compliance
with legal requirements and the duty of all persons to use due care.
(b)
Except when a special hazard exists that requires lower speed for
compliance with subsection (a) of this section, the limits specified in this
section or established as hereinafter authorized shall be maximum lawful
speeds, and no person shall drive a vehicle on a highway at a speed in excess
of the maximum limits.
(1)
Fifteen miles per hour in residential courts and on unpaved roads
(2)
Twenty-five miles per hour on paved streets;
(3)
Fifty-five miles per hour on state highways.
The maximum speed limits set forth in this
section may be altered by the Tribal Council.
(c) The
driver of every vehicle shall, consistent with the requirements of subsection
(a) of this section, drive at an appropriate reduced speed when approaching and
crossing an intersection, when approaching and going around a curve, when
approaching a hill crest, when traveling upon any narrow or winding roadway,
and when special hazard exists with respect to pedestrians or other traffic or
by reason of weather or highway conditions.
8.61.425 Minimum
Speed Regulation - Passing Slow-Moving Vehicle
No
person shall drive a motor vehicle at such a slow speed as to impede the normal
and reasonable movement of traffic except when reduced speed is necessary for
safe operation or in compliance with law.
A person following a vehicle driving at less than the legal maximum
speed and desiring to pass the vehicle may exceed the speed limit on highways
having only one lane of traffic in each direction, at only such a speed and for
only such a distance as is necessary to complete the pass with a reasonable
margin of safety.
8.61.427 Slow-Moving
Vehicle to Pull Off Roadway
On
a two-lane highway where passing is unsafe because of traffic in the opposite
direction or other conditions, a slow moving vehicle, behind which five or more
vehicles are formed in a line, shall turn off the roadway wherever sufficient
area for a safe turn-out exists, in order to permit the vehicles following to
proceed. As used in this section a slow
moving vehicle is one which is proceeding at a rate of speed less than the
normal flow of traffic at the particular time and place.
8.61.440 Maximum
Speed Limit When Passing School or Playground Crosswalks
It is unlawful for the operator of any vehicle to
operate the same at a speed in excess of twenty miles per hour upon a highway
when passing any marked school or playground zone when the marked school or
playground zone is fully posted with standard school speed limit signs or
standard playground speed limit signs.
8.61.445 Due
Care Required
Compliance
with speed requirements of this chapter shall not relieve the operator of any
vehicle from the further exercise of due care and caution as further circumstances
shall require.
8.61.455 Vehicles
With Solid or Hollow Cushion Tires
Except
for vehicles equipped with temporary-use spare tires that meet federal
standards, it is unlawful to operate any vehicle equipped or partly equipped
with solid rubber tires or hollow center cushion tires, or to operate any
combination of vehicles any part of which is equipped or partly equipped with
solid rubber tires or hollow center cushion tires, so long as solid rubber
tires or hollow center cushion tires may be used under the provisions of this
title, upon any public highway at a greater rate of speed than ten miles per
hour, provided the temporary-use spare tires are installed and used in
accordance with the manufacturer's instructions.
8.61.460 Special
Speed Limitation on Motor-Driven Cycle
No
person shall operate any motor-driven cycle during the time that lights are
required at a speed greater than thirty-five miles per hour unless the
motor-driven cycle is equipped with a head lamp or lamps which are adequate to
reveal a person or vehicle at a distance of three hundred feet ahead.
8.61.465 Reckless Driving – Exceeding Speed
Limit Evidence of
It is an
infraction for any person to operate any motor vehicle within the territorial
jurisdiction of the Skokomish Indian Tribe in a manner which causes damage to
any person or property, or in a manner which endangers or is likely to endanger
any person or property.
The unlawful
operation of a vehicle in excess of the maximum lawful speeds provided in this
chapter at the point of operation and under the circumstances described shall
be prima facie evidence of the operation of a motor vehicle in a reckless
manner.
8.61.470 Charging
Violations of Speed Regulations
In
every charge of violation of any speed regulation in this chapter the
complaint, the summons, or notice to appear, shall specify the approximate
speed at which the defendant is alleged to have driven, and the maximum speed
applicable at the location.
Alcohol
and Reckless Related
8.61.519 Alcoholic Beverages - Drinking or Open
Container in Vehicle on Highway - Exceptions
(a) It
is a traffic infraction to drink any alcoholic beverage in a motor vehicle when
the vehicle is upon a highway.
(b) It
is a traffic infraction for a person to have in his possession while in a motor
vehicle upon a highway, a bottle, can, or other receptacle containing an
alcoholic beverage if the container has been opened or a seal broken or the
contents partially removed.
(c) It
is a traffic infraction for the registered owner of a motor vehicle, or the
driver if the registered owner is not then present in the vehicle, to keep in a
motor vehicle when the vehicle is upon a highway, a bottle, can, or other
receptacle containing an alcoholic beverage which has been opened or a seal broken
or the contents partially removed, unless the container is kept in the trunk of
the vehicle or in some other area of the vehicle not normally occupied by the
driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment
is deemed to be within the area occupied by the driver and passengers.
(d) This
section does not apply to a public conveyance that has been commercially
chartered for group use or to the living quarters of a motor home or camper or,
to any passenger for compensation in a for-hire vehicle licensed under city,
county, or state law, or to a privately-owned vehicle operated by a person
possessing a valid operator's license endorsed for the appropriate
classification in the course of his usual employment transporting passengers at
the employer's direction. Nothing in
this subsection shall be construed to authorize possession or consumption of an
alcoholic beverage by the operator of any vehicle while upon a highway.
8.61.5195 Disguising
Alcoholic Beverage Container
(a) It
is a traffic infraction to incorrectly label the original container of an
alcoholic beverage and to then violate 8.61.519.
(b) It
is a traffic infraction to place an alcoholic beverage in a container
specifically labeled by the manufacturer of the container as containing a
nonalcoholic beverage and to then violate 8.61.519.
8.61.525 Operating
Motor Vehicle in a Negligent Manner - Penalty - Exception
It is unlawful for any person to operate a motor
vehicle in a negligent manner. For the
purpose of this section to "operate in a negligent manner" means the
operation of a vehicle in such a manner as to endanger or be likely to endanger
any persons or property. Any person operating a motor vehicle on private
property with the consent of the owner in a manner consistent with the owner's
consent shall not be guilty of negligent driving.
The offense of
operating a vehicle in a negligent manner is considered to be a lesser offense
than, but included in, the offense of operating a vehicle in a reckless manner,
and any person charged with operating a vehicle in a reckless manner may be
found to have committed the lesser offense of operating a vehicle in a
negligent manner. Any person violating
the provisions of this section is guilty of a civil infraction and a class C
criminal offense.
8.61.527 Roadway
Construction Zones
(a) A
roadway construction zone is an area where construction, repair, or maintenance
work is being conducted by public employees or private contractors, on or
adjacent to any public roadway.
(b) No
person may drive a vehicle in a roadway construction zone at a speed greater
than that allowed by traffic control devices.
(c) A
person found to have committed any infraction relating to speed restrictions in
a roadway construction zone shall be assessed a monetary penalty equal to twice
the penalty normally assessed for the same violation. This penalty may not be waived, reduced, or suspended.
(d) A
person who drives a vehicle in a roadway construction zone in such a manner as
to endanger or be likely to endanger any persons or property, or who removes,
evades, or intentionally strikes a traffic safety or control device is guilty
of reckless endangerment of roadway workers.
A violation of this subsection is a civil infraction and a class C
criminal offense.
8.61.530 Racing
of Vehicles on Highways - Reckless Driving - Exception
No
person or persons may race any motor vehicle or motor vehicles upon any public
highway. Any person or persons who
willfully compare or contest relative speeds by operation of one or more motor
vehicles is guilty of racing, which shall constitute reckless driving, whether
or not the speed is in excess of the maximum speed prescribed by law. Any comparison or contest of the accuracy
with which motor vehicles may be operated in terms of relative speeds not in
excess of the posted maximum speed does not constitute racing.
Stopping,
Standing, and Parking
8.61.560 Stopping,
Standing, or Parking Outside Business or Residence Districts
(a) No
person may stop, park, or leave standing any vehicle, whether attended or
unattended, upon the roadway.
(b)
Subsection (a) of this section and 8.61.570 and 8.61.575 do not apply to
the driver of any vehicle that is disabled in such manner and to such extent that
it is impossible to avoid stopping and temporarily leaving the vehicle in such
position. The driver shall nonetheless
arrange for the prompt removal of the vehicle.
(c)
Subsection (a) of this section does not apply to the driver of a public
transit vehicle who temporarily stops the vehicle upon the roadway for the
purpose of and while actually engaged in receiving or discharging passengers.
(d)
Subsection (a) of this section and 8.61.570 and 8.61.575 do not apply to
the driver of a solid waste collection company or recycling company vehicle who
temporarily stops the vehicle as close as practical to the right edge of the
right-hand shoulder of the roadway or right edge of the roadway if no shoulder
exists for the purpose of and while actually engaged in the collection of solid
waste or recyclables, or both.
8.61.570 Stopping, Standing, or Parking Prohibited in
Specified Places - Reserving Portion of Highway Prohibited
(a)
Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official traffic
control device, no person shall:
(1)
Stop, stand, or park a vehicle:
(A) On
the roadway side of any vehicle stopped or parked at the edge or curb of a
street;
(B) On a
sidewalk or street planting strip;
(C)
Within an intersection;
(D) On a
crosswalk;
(E)
Alongside or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic;
(F) Upon
any bridge or other elevated structure upon a highway;
(G) At
any place where official signs prohibit stopping.
(2)
Stand or park a vehicle, whether occupied or not, except momentarily to
pick up or discharge a passenger or passengers:
(A) In
front of a public or private driveway or within five feet of the end of the
curb radius leading thereto;
(B)
Within fifteen feet of a fire hydrant;
(C)
Within twenty feet of a crosswalk;
(D)
Within thirty feet upon the approach to any flashing signal, stop sign,
yield sign, or traffic control signal located at the side of a roadway;
(E)
Within twenty feet of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within
seventy-five feet of said entrance when properly posted; or
(F) At
any place where official signs prohibit standing.
(3) Park
a vehicle, whether occupied or not, except temporarily for the purpose of and
while actually engaged in loading or unloading property or passengers at any
place where official signs prohibit parking.
(b)
Parking or standing is permitted in the manner provided by law at all
other places, except a time limit may be imposed or parking restricted at other
places, but the limitation and restriction shall be by Tribal ordinance.
(c) No
person shall move a vehicle not lawfully under his or her control into any
prohibited area or away from a curb such a distance as is unlawful.
(d) It
is unlawful for any person to reserve or attempt to reserve any portion of a
highway for the purpose of stopping, standing, or parking to the exclusion of
any other person, nor shall any person be granted such right.
8.61.575 Additional
Parking Regulations
(a)
Except as otherwise provided in this section, every vehicle stopped or
parked upon a two-way roadway shall be so stopped or parked with the right-hand
wheels parallel to and within twelve inches of the right-hand curb or as close
as practicable to the right edge of the right-hand shoulder.
(b)
Every vehicle stopped or parked upon a one-way roadway shall be so
stopped or parked parallel to the curb or edge of the roadway, in the direction
of authorized traffic movement, with its right-hand wheels within twelve inches
of the right-hand curb or as close as practicable to the right edge of the
right-hand shoulder, or with its left-hand wheels within twelve inches of the
left-hand curb or as close as practicable to the left edge of the left-hand
shoulder.
(c) The
Tribal Council may place official traffic control devices prohibiting,
limiting, or restricting the stopping, standing, or parking of vehicles on any
highway where it has determined such stopping, standing, or parking is
dangerous to those using the highway or where the stopping, standing, or
parking of vehicles would unduly interfere with the free movement of traffic. No person shall stop, stand, or park any
vehicle in violation of the restrictions indicated by these devices.
8.61.590 Unattended
Motor Vehicle - Removal From Highway
It
is unlawful for the operator of a vehicle to leave the vehicle unattended
within the limits of any highway unless the operator of the vehicle arranges
for the prompt removal of the vehicle.
Miscellaneous
Rules
8.61.600 Unattended
Motor Vehicle
(a) No
person driving or in charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, removing
the key and effectively setting the brake and, when standing upon any
perceptible grade, turning the front wheels to the curb or side of the highway.
(b) The
most recent driver of a motor vehicle which the driver has left standing
unattended, who learns that the vehicle has become set in motion and has struck
another vehicle or property, or has caused injury to any person, shall comply
with the requirements of:
(1)
8.52.010 if his vehicle strikes an unattended vehicle or property
adjacent to a public highway; or
(2)
8.52.020 if his vehicle causes damage to an attended vehicle or other
property or injury to any person.
(c) Any
person failing to comply with subsection (b)(2) of this section is subject to
the sanctions set forth in 8.52.020.
8.61.605 Limitations
on Backing
The
driver of a vehicle shall not back the same unless the movement can be made
with safety and without interfering with other traffic.
8.61.606 Driving
on Sidewalk Prohibited - Exception
No
person shall drive any vehicle upon a sidewalk or sidewalk area except upon a
permanent or duly authorized temporary driveway.
8.61.608 Operating
Motorcycles on Roadways Laned for Traffic
(a) All
motorcycles are entitled to full use of a lane and no motor vehicle shall be
driven in such a manner as to deprive any motorcycle of the full use of a
lane. This subsection shall not apply
to motorcycles operated two abreast in a single lane.
(b) The
operator of a motorcycle shall not overtake and pass in the same lane occupied
by the vehicle being overtaken.
(c) No
person shall operate a motorcycle between lanes of traffic or between adjacent
lines or rows of vehicles.
(d)
Motorcycles shall not be operated more than two abreast in a single
lane.
(e)
Subsections (b) and (c) of this section shall not apply to police
officers in the performance of their official duties.
8.61.610 Riding
on Motorcycles
A
person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and the operator shall not carry any other person nor
shall any other person ride on a motorcycle unless the motorcycle is designed
to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat
firmly attached to the motorcycle at the rear or side of the operator. The motorcycle must contain foot pegs, of an
approved type, for each person the motorcycle is designed to carry.
8.61.611 Motorcycles
- Maximum Height for Handlebars
No
person shall operate on a public highway a motorcycle in which the handlebars
or grips are more than fifteen inches higher than the seat or saddle for the
operator.
8.61.612 Riding
on Motorcycles - Both Feet Not to Be on Same Side
No
person shall ride a motorcycle in a position where both feet are placed on the
same side of the motorcycle.
8.61.613 Motorcycles - Temporary Suspension of
Restrictions for Parades or Public Demonstrations
The
provisions of 8.37.530 and 8.61.610
through 8.61.612 may be temporarily suspended by the chief of police, with
respect to the operation of motorcycles in connection with a parade or public
demonstration.
8.61.614 Riding
on Motorcycles - Clinging to Other Vehicles
No
person riding upon a motorcycle shall attach himself or the motorcycle to any
other vehicle on a roadway.
8.61.615 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, 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.
8.61.620 Opening
and Closing Vehicle Doors
No
person shall open the door of a motor vehicle on the side adjacent to moving
traffic unless and until it is reasonably safe to do so, and can be done
without interfering with the movement of other traffic, nor shall any person
leave a door open on the side of a vehicle adjacent to moving traffic for a
period of time longer than necessary to load or unload passengers.
8.61.625 Riding
in Trailers
No
person or persons shall occupy any trailer while it is being moved upon a
public highway, except a person occupying a proper position for steering a
trailer designed to be steered from a rear-end position.
8.61.630 Coasting
Prohibited
(a) The
driver of any motor vehicle when traveling upon a down grade shall not coast
with the gears of the vehicle in neutral.
(b) The
driver of a commercial motor vehicle when traveling upon a down grade shall not
coast with the clutch disengaged.
8.61.635 Following
Fire Apparatus Prohibited
The
driver of any vehicle other than one on official business shall not follow any
fire apparatus traveling in response to a fire alarm closer than five hundred
feet or stop the vehicle within five hundred feet of any fire apparatus stopped
in answer to a fire alarm.
8.61.640 Crossing
Fire Hose
No
vehicle shall be driven over any unprotected hose of a fire department when
laid down on any street, or private driveway, to be used at any fire or alarm
of fire, without the consent of the fire department official in command.
8.61.645 Throwing
Dangerous Materials on Highway Prohibited - Removal
(a) No
person shall throw or deposit upon any highway any glass bottle, glass, nails,
tacks, wire, cans or any other substance likely to injure any person, animal or
vehicle upon the highway.
(b) Any
person who drops, or permits to be dropped or thrown, upon any highway any
destructive or injurious material shall immediately remove the same or cause it
to be removed.
(c) Any
person removing a wrecked or damaged vehicle from a highway shall remove any
glass or other injurious substance dropped upon the highway from the vehicle.
8.61.655 Dropping
Load, Other Materials - Covering
(a) No
vehicle shall be driven or moved on any public highway unless the vehicle is so
constructed or loaded as to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping, except that sand may be dropped for the purpose
of securing traction. Any person
operating a vehicle from which any glass or objects have fallen or escaped,
which would constitute an obstruction or injure a vehicle or otherwise endanger
travel upon a public highway shall immediately cause the public highway to be
cleaned of all the glass or objects and shall pay any costs therefor.
(b) No
person may operate on any public highway any vehicle with any load unless the
load and the covering as required by subsection (c) of this section are
securely fastened to prevent the covering or load from becoming loose,
detached, or in any manner a hazard to other users of the highway.
(c) Any
vehicle operating on a paved public highway with a load of dirt, sand, or
gravel susceptible to being dropped, spilled, leaked, or otherwise escaping is
covered so as to prevent spillage.
Covering of such loads is not required if six inches of freeboard is
maintained within the bed.
(d) Any
vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders,
frame, undercarriage, wheels, or tires shall be cleaned of such material before
the operation of the vehicle on a paved public highway.
(e)
Nothing in this section may be construed to prohibit a public
maintenance vehicle from dropping sand on a highway to enhance traction, or
sprinkling water or other substances to clean or maintain a highway.
8.61.660 Carrying
Persons or Animals on Outside Part of Vehicle
It
is unlawful for any person to transport any living animal on the running board,
fenders, hood, or other outside part of any vehicle unless suitable harness,
cage or enclosure be provided and so attached as to protect the animal from
falling or being thrown therefrom. It
is unlawful for any person to transport any persons upon the running board,
fenders, hood or other outside part of any vehicle, except that this provision
shall not apply to authorized emergency vehicles.
8.61.665 Embracing
Another While Driving
It
is unlawful for any person to operate a motor vehicle upon the highways when
the person has in his or her embrace another person which prevents the free and
unhampered operation of the vehicle.
8.61.670 Driving
with Wheels Off Roadway
It
is unlawful to operate or drive any vehicle or combination of vehicles over or
along any pavement or gravel or crushed rock surface on a public highway with
one, two, or all of the wheels off the roadway, except for the purpose of
stopping off the roadway, or having stopped, for proceeding back onto the
pavement, gravel or crushed rock surface.
8.61.675 Causing
or Permitting Vehicle to be Unlawfully Operated
It
is unlawful for the owner, or any other person, in employing or otherwise
directing the operator of any vehicle to require or knowingly to permit the
operation of the vehicle upon any public highway in any manner contrary to the
law.
8.61.680 Lowering
Passenger Motor Vehicle Below Legal Clearance - Penalty
It
is unlawful to operate any passenger motor vehicle which has been modified from
the original design so that any portion of the passenger vehicle other than the
wheels has less clearance from the surface of a level roadway than the
clearance between the roadway and the lowermost portion of any rim of any wheel
the tire on which is in contact with the roadway.
8.61.685 Leaving Children Unattended in Standing Vehicle
With Motor Running - Penalty
It
is unlawful for any person, while operating or in charge of a vehicle, to park
or willfully allow the vehicle to stand upon a public highway or in a public
place with its motor running, leaving a minor child or children under the age
of sixteen years unattended in the vehicle.
Any
person violating the provisions of this section is guilty of a traffic
infraction. A second or subsequent
violation of this section is a class D criminal violation.
8.61.687 Child Passenger Restraint Required - Conditions
- Exceptions - Penalty for Violation - Dismissal - Noncompliance Not Negligence
(a)
Whenever a child who is less than ten years of age is being transported
in a motor vehicle that is in operation and that is required to be equipped
with a safety belt system in a passenger seating position, the driver of the
vehicle shall keep the child properly restrained as follows:
(1) If
the child is less than three years of age, the child is properly restrained in
a child restraint system that complies with standards of the United States
Department of Transportation and that is secured in the vehicle in accordance
with instructions of the manufacturer of the child restraint system;
(2) If
the child is less than ten but at least three years of age, the child shall be
restrained either as specified in (1) of this subsection or with a safety belt
properly adjusted and fastened around the child's body.
(b) A
person violating subsection (a) of this section may be issued a notice of
traffic infraction. If the person to
whom the notice was issued presents proof of acquisition of an approved child
passenger restraint system within seven days to the jurisdiction issuing the
notice, the Tribal Court shall dismiss the notice of traffic infraction.
(c)
Failure to comply with the requirements of this section shall not
constitute negligence by a parent or legal guardian; nor shall failure to use a
child restraint system be admissible as evidence of negligence in any civil
action.
(d) This
section does not apply to:
(1) For
hire vehicles,
(2)
vehicles designed to transport sixteen or less passengers, including the
driver, operated by auto transportation companies, and
(3)
vehicles providing customer shuttle service between parking, convention,
and hotel facilities, and airport terminals.
8.61.688 Safety
Belts, Use Required - Penalties - Exemptions
(a) For
the purposes of this section, the term "motor vehicle" includes:
(1)
"Buses," meaning motor vehicles with motive power, except
trailers, designed to carry more than ten passengers;
(2)
"Multipurpose passenger vehicles," meaning motor vehicles with
motive power, except trailers, designed to carry ten persons or less that are
constructed either on a truck chassis or with special features for occasional
off-road operation;
(3)
"Passenger cars," meaning motor vehicles with motive power,
except multipurpose passenger vehicles, motorcycles, or trailers, designed for
carrying ten passengers or less; and
(4) "Trucks,"
meaning motor vehicles with motive power, except trailers, designed primarily
for the transportation of property.
(b) This
section only applies to motor vehicles that meet the manual seat belt safety
standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle
occupant for whom no safety belt is available when all designated seating
positions as required by federal motor vehicle safety standard 208 are occupied.
(c)
Every person sixteen years of age or older operating or riding in a
motor vehicle shall wear the safety belt assembly in a properly adjusted and
securely fastened manner.
(d) No
person may operate a motor vehicle unless all passengers under the age of
sixteen years are either wearing a safety belt assembly or are securely
fastened into an approved child restraint device.
(e) A
person violating this section shall be issued a notice of traffic infraction.
(f)
Failure to comply with the requirements of this section does not constitute
negligence, nor may failure to wear a safety belt assembly be admissible as
evidence of negligence in any civil action.
(g) This
section does not apply to an operator or passenger who possesses written
verification from a licensed physician that the operator or passenger is unable
to wear a safety belt for physical or medical reasons.
8.61.700 Parent or Guardian Shall not Authorize or
Permit Violation by a Child or Ward
The
parent of any child and the guardian of any ward shall not authorize or knowingly
permit any child or ward to violate any of the provisions of this chapter.
8.61.710 Mopeds
- General Requirements and Operation
(a) No
person shall operate a moped upon the highways unless the moped has been
assigned a moped registration number and displays a moped permit.
(b)
Notwithstanding any other provision of law, a moped may not be operated
on a bicycle path or trail, bikeway, equestrian trail, or hiking or
recreational trail.
(c)
Removal of any muffling device or pollution control device from a moped
is unlawful.
8.61.720 Mopeds
- Safety Standards
Mopeds
shall comply with those federal motor vehicle safety standards established
under the national traffic vehicle safety act of 1966 (15 U.S.C. Sec. 1381, et.
seq.) which are applicable to a motor-driven cycle, as that term is defined in
such federal standards.
8.61.730 Wheelchair
Conveyances
(a) No
person may operate a wheelchair conveyance on any public roadway with a posted
speed limit in excess of thirty-five miles per hour.
(b) No
person other than a wheelchair-bound person may operate a wheelchair conveyance
on a public roadway.
(c)
Every wheelchair-bound person operating a wheelchair conveyance upon a
roadway shall be granted all the rights and is subject to all the duties applicable
to the driver of a vehicle by this chapter, except those provisions that by
their nature can have no application.
(d) A
violation of this section is a traffic infraction.
Operation
of Nonmotorized Vehicles
8.61.750 Effect
of Regulations - Penalty
(a) It
is a traffic infraction for any person to do any act forbidden or fail to
perform any act required in 8.61.750 through 8.61.780.
(b)
These regulations applicable to bicycles apply whenever a bicycle is
operated upon any highway or upon any bicycle path, subject to those exceptions
stated herein.
8.61.755 Traffic
Laws Apply to Persons Riding Bicycles
Every
person riding a bicycle upon a roadway shall be granted all of the rights and
is subject to all of the duties applicable to the driver of a vehicle by this
chapter, except as to special regulations in 8.61.750 through 8.61.780 and
except as to those provisions of this chapter which by their nature can have no
application.
8.61.758 Hand
Signals
All
hand signals required of persons operating bicycles shall be given in the
following manner:
(a) Left
turn.
Left hand and arm
extended horizontally beyond the side of the bicycle;
(b) Right
turn.
Left hand and arm
extended upward beyond the side of the bicycle, or right hand and arm extended horizontally
to the right side of the bicycle;
(c) Stop
or Decrease Speed.
Left hand and arm
extended downward beyond the side of the bicycle.
The hand signals required by this section shall
be given before initiation of a turn.
8.61.760 Riding
on Bicycles
(a) A
person propelling a bicycle shall not ride other than upon or astride a
permanent and regular attached seat.
(b) No
bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped.
8.61.765 Clinging to Vehicles
No person riding upon any bicycle, coaster,
roller skates, sled or toy vehicle shall attach the same or himself to any
vehicle upon a roadway.
8.61.770 Riding
on Roadways and Bicycle Paths
(a)
Every person operating a bicycle upon a roadway at a rate of speed less
than the normal flow of traffic at the particular time and place shall ride as
near to the right side of the right through lane as is safe except as may be
appropriate while preparing to make or while making turning movements, or while
overtaking and passing another bicycle or vehicle proceeding in the same
direction. A person operating a bicycle
upon a roadway may use the shoulder of the roadway or any specially designated
bicycle lane if one exists.
(b)
Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of roadways set aside for the exclusive use of
bicycles.
8.61.775 Carrying
Articles
No
person operating a bicycle shall carry any package, bundle or article which
prevents the driver from keeping at least one hand upon the handle bars.
8.61.780 Lamps
and Other Equipment on Bicycles
(a)
Every bicycle when in use during the time that lights are required shall
be equipped with a lamp on the front which shall emit a white light visible
from a distance of at least five hundred feet to the front and with a red
reflector on the rear which shall be visible from all distances from one
hundred feet to six hundred feet to the rear when directly in front of lawful
lower beams of head lamps on a motor vehicle.
A lamp emitting a red light visible from a distance of five hundred feet
to the rear may be used in addition to the red reflector.
(b)
Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.