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353 Traffic Rules / Warrants of Arrest 171 ORDINANCE NO. 353 AN ORDINANCE REPEALING TITLE 10, CHAPTER 1, ENTITLED TRAFFIC RULES AND REGULATIONS, AND RECODIFYING SAID CHAPTER AND ADOPTING A NEW CHAPTER ON TRAFFIC RULES AND REGULATIONS WHICH SHALL BE KNOWN AS TITLE 10, CHAPTER 1, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; FURTHER ADOPTING A NEW PROVISION AS TITLE 10, CHAPTER 4, KNOWN AS ISSUANCE OF WARRANTS OF ARREST. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said city to repeal Title 10, Chapter 1, as it presently reads, to revise recodify the ordinances contained therein, and to adopt new ordinances pertaining to traffic rules and regulations which shall be readopted as Title 10, Chapter 1, I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 10, Chapter 1, of the Revised and Compiled Ordinances is hereby repealed. Section 2. That a new Title 10, Chapter 1 is hereby adopted far the regulation of traffic which shall read as follows: SECTION 10-101: 10-102: 10-103: 10-104: 10-105: 10-106: 10-107: I 10 -110 : 10-111: 10-112: 10-113: 10-114: 10-115: 10-116 : 10-117: 10 -11 8 : 10-119: 10-120 : 10-121: 10-122: 10-123: 10-124 : 10-140: 10-141: 10-142 : 10-143: 10-144 : 10-145: 10-146: 10-147: 10-148: CHAPTER 1 TRAFFIC RULES AND REGULATIONS INDEX Definitions Regulation Approved by City Council Penal ty Fire Department Members' Vehicles Regulations and Restrictions set by Chief of Police Establishment of Fines Authorized Emergency Vehicles Stopping, Standing or Parking of Vehicles Parking within Eighteen (18) Inches of Curb Parking Spaces Designated by Painting Overtaime Parking Prohibited Loading and Unloading Zones Set by Chief of Police Overnight Parking Parking in Alley Prohibited Parking Vehicles with Offensive Loads Running Engines in Unattended Parked Cars Prohibited, Set Brakes unattended Vehicular Animal to be Tied Repairing Vehicles in City Streets Moving Vehicle to Illegal Location Fire Department Emergency Vehicles; Following - Parking in Area of School and City Property Backing of Vehicles Emergency Vehicles Have Right-of-way Driving Over Fire Hose Driving Without License Prohibited Dri ving Speeds Driving on Right Half of Street Driving in Traffic Lanes Restrictions when Following a Vehicle Driving on Sidewalk Prohibited Driving Through Funeral Procession Prohibited 10-149: 10-150: 10-151 : 10-152 : 10-153: 10-154: 10-155: 10-156: 10-157: 10-158: 10-159: 10-160 : I 10-170 : 10-171: 10-172 : 10-173: 10-174: 10-180: 10-181: 10-185 : 10-186: 10-187 : 10-190: 173 U-Turns Partial U-Turn Left Turn Approached from Left, Right Turn Approached from Right, Right Turn Against Red Light Dri ving Away from Curb Complete Stop Required Stopping on Crosswalk Prohibited Passing Vehicles Signal When Passing When Passing is Prohibited Overtaken Vehicle Not to Increase Speed Reckless and Negligent Driving Prohibited Driving While Under Influence of Liquor or Narcotics Prohibited . Pedestriali Right-of-way Loaded Vehicles Obstructing View Prohibited Unlawful Riding in Vehicles Vehicle in Motion Pedestrians Cross on Crosswalks Only Reporting Accident Stopping at Scene of Accident Muffler Required Excessi veExhaust Sirens, Gongs, Whistles, etc. Prohibited Impounding of Vehicles CHAPTER 1 TRAFFIC RULES AND REGULATIONS 10-101: DEFINITIONS: For the purpose of this Chapter, the following words and phrases shall have the meaning "respectively ascribec to them as follows: (A) Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devises moved solely by human power or used excl usi vely upon.. sta tionary rails or tracts; for the purpose of this Chapter, a bicycle or a ridden animal shall be deemed a vehicle. (B) Authorized Emergency Vehicle: Vehicles of the Fire Depart- ment, Police Department and such ambulances and emergency vehicles as may be designated or authorized by the Chief of Police. (C) Stop: Means the complete cessation of movement. I (D) Park or Parking': The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actively engaged in loading goods, merchandise, or persons. (E) Traffic: Either persons or vehicles while using any street or sidewalk for the purpose of travel. (F) Person: Shall mean every natural person, firm, copartner- ship, association or corporation. (G) Driver: Every person who drives or is in actual physical control of a vehicle. (H) Pedestrian: Any person afoot, including infants in a carriage being pushed or pulled by a person. 174 (I) Street, Highway or Roadway: Shall be used interchangeably and shall mean the entire width of every way or place open to the public, as a matter or right, for public vehicular travel; provided that "street" or "roadway" shall not include alley or where the word "alley" is used, it shall mean every way or place intersecting a block and open to the public, as a matter of right, for public vehicular travel. (K) Sidewalk: That portion of a street between the curb lines or lateral lines defining vehicular traffic, and the adja- cent property lines, and intended for pedestrian travel. (L) Intersection: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the intersecting highways, or in the area within which vehicles traveling on different highways may come into conflict. I (M) Cross Walk: That portion of a street included within the prolongation or connection of the lateral lines or sidewalks at intersections, or on any portion of a street distinctly indicated for pedestrian crossing or traffic by lines or other marking. 10-102: REGULATION APPROVED BY CITY COUNCIL: No regulations prescribed under authority of Title 10 of these ordinances shall become effective until such regulation is approved by the city Council. 10-103: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. 10-104: FIRE DEPARTMENT MEMBERS' VEHICLES: Bona fide members of the Meridian Fire Department are hereby authorized to use a red light or flashing red light attached to the front of the motor vehicle such member of the Meridian Fire Department uses in making runs to fires, provided such member first obtains a written permit from the City Clerk for use of such red light. 10-105: REGULATIONS AND RESTRICTIONS SET BY CHIEF OF POLICE: (1) For the purpose of regulation and control of traffic, the Chief of Police is hereby authorized to establish regulations and restrictions to control the movement, stopping, standing and parking of vehicles upon the highways, roadways, streets, alleys and public lands located within the city limits of Meridian, as authorized by the Idaho Vehicle Code under Section 49-582, and specifically alluded to in Title 10 of the Meridian city Ordinances. The authority of the Chief of Police to regulate traffic shall include the following: (a) Regulating or prohibiting stopping, standing or parking; (b) Regulating traffic by means of police officers or official traffic-control devices; (c) Regulating or prohibiting processings or assemblages on the highways; (d) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Section 49-628, Idaho Code; (e) Establishing speed limits for vehicles in public parks notwithstanding the provisions of subsection (1) (c) of Section" 49-683, Idaho Code; (f) Designating any highway asa through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction; I ( g) (h) ( i) ( j) (k) ( 1) I (m) (n) (0) (p) ( q) ( r) ( s) ( t) ( u) ( v) 175 Restricting the use of streets or highways as authorized in Chapter 9, Title 49, Idaho Code~ Regulating or prohibiting the turning of vehicles or specified types of vehicles; Altering or establishing speed limits as authorized in Section 49-683, Idaho Code; Requiring written accident reports as authorized in Section 49~1015, Idaho Code; Designating no-passing zones as authorized in Section 49-627, Idaho Code~ Prohibiting or regulating the use of controller-access roadways by any class or kind of traffic as authorized in Section 49-633, Idaho Code~ Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic~ Establishing minimum speed limits as authorized in Section 49-684, Idaho Code; Designating and regulating traffic on play streets; Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in Section 49-587, Idaho Code; Restricting pedestrian crossing at unmarked crosswalks as authorized in Section 49-588, Idaho Code; Regulating persons propelling pushcarts~ Regulating persons upon skates, coasters, sleds and other toy vehicles ~ Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions~ Prohibiting drivers of ambulances from exceeding maximum speed limits; Adopting such other traffic regulations as are specific- ally authorized by the Idaho Code. (2) No local authority shall erect or maintain any official traffic-control device at any location so as to require traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Idaho Transportation Department. (3) No ordinance or regulation enacted under subdivisions (d), (e), (r), (g), (h), (i), (k), (1), (m), (n), (0), (p), or (q) of subsection (1) or this section shall be effective un til officiaL traffic-control devices giving notice of such traffic regulations are erected upon or at the entraces to the highway or part thereof affective as may be most appropriate. 10-106: ESTABLISH~mNT OF FINES: An ordinance providing for the establishment of specific penalties for failure to comply with the provisions of Title 10, Chapter 1 of this ordinance. I 10-110: STOPPING, STANDING OR PARKING OF VEHICLES (A) On a sidewalk $ 5 (B) Blocking driveway 5 (e) Within intersection 10 (D) Within 15 feet of fire hydrant 10 (E) On crosswalk 5 176 (F) Within 20 feet of crosswalk/ intersection 5 (G Within 30 feet of signal control device 5 (H) Safety zone 5 (I) Within 50 feet of railroad crossing 10 (J) Fire station driveway 10 (K) Along street excavation 10 (L) Double parked 10 (M)- On/in bridge or tunnel 10 (N) Official no parking signs 10 (0) Handicapped parking 10 (P) Passenger loading zone 5 10-111: PARKING WITHIN EIGHTEEN (18) INCHES OF CURB lA Two-way roadway $ 5 IB One-way roadway 5 2 Motorcycles 5 10-112: PARKING SPACES DESIGNATED BY PAINTING $ 5 10-113: OVERTIME PARKING 2 10-114: LOADING AND UNLOADING ZONES 5 10-115: OVERNIGHT PARKING 5 10-116: PARKING IN ALLEY 5 10-117: PARKING VEHICLES WITH OFFENSIVE LOADS 10 10-118: RUNNING ENGINES IN UNATTENDED PARKED CARS 10 10-119: UNATTENDED VEHICULAR ANIMAL TO BE TIED 5 10-120: REPAIRING VEHICLES IN CITY STREETS 5 10-121: MOVING VEHICLE TO ILLEGAL LOCATION 25 10-122: FIRE DEPARTMENT EMERGENCY VEHICLES 25 10-123: SCHOOL AND CITY PROPERTY 10 10-124: BACKING OF VEHICLES 10 10-107: AUTHORIZED Er~RGENCY VEHICLES: Authorized emergency ve- hicles, as defined in section 49-578(2) of the Idaho Motor Vehicles Laws shall be exempt from the provisions of Title 10, Chapter 1 Sectioh(s) 10-110 through 10-124, 10-141, 10-143 through 10-157, 10-171 through 10-173 and any other Section that may hereinafter be adopted, that by its nature would exempt authorized emergency vehicles, and as described in Section 49-606 of the Idaho Traffic Laws. 10-110: STOPPING, STANDING OR VEHICLE PARKING: It shall be unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer or traffic control device in any of the following places: I I 177 (A) On a sidewalk; (B) In front of a public or private driveway; (C) Within an intersection; (D) Within fifteen feet (15') of a fire hydrant; (E) On a crosswalk; (F) Wi thin twenty feet (20') of a crosswalk at an intersection; (G) Within thirty feet (30') to the approach of any flashing bea- con, stop sign or traffic control signal; I (H) Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the Chief of Police has indicat- ed a different length of a zone by signs or markings; (I) Within fifty feet (50') of the nearest rail of a railroad crossing; . (J) Within twenty feet (20') of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of said entrance when propesT ly signposted; (K) Along side or opposite any street obstruction or excavation when stopping, standing or parking would obstruct traffic; (L) On the roadway side of any vehicle stopped or parked legally or illegally on any roadway or street; (M) Upon any bridge or oHler elevated structure upon a highway or wi thin a highway -tunnel; (N) At any place where official signs prohibit stopping, standing or parking; (0) In any area designated and posted, that parking is restricted and limited to the handicapped; (P) In any area posted or marked as a passenger loading zone, ex- cept for the immediate and actual loading and/or unloading of passengers. 10-111: PARKING WITHIN EIGHTEEN (18) INCHES OF CURB: I (1) Except as otherwise provided in this Chapter, every vehicle stopped or parked: (A) Upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right-hand shoulder. (2) (B) Upon a one-way roadway shall be 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 eighteen (18) inches of the right-hand curb or as close as practicable to the right-hand shoulder, or with its left-hand wheels within eighteen (18) inches of the left-hand curb or as close as practicable to the left-hand shoulder. Motorcycles, with either two (2) or three (3) wheels, shall be so parked so as at least one (1) wheel is within eighteen (18) inches of the curb or shoulder of the road as provided for in Section lA and lB. 178 10-112: PARKING SPACES DESIGNATED BY PAINTING: The Chief of Police is hereby authorized to cause lines or markings to be painted or placed upon the curbs and/or upon the streets, designating the parking space of each vehicle, which said lines or markings shall be so painted or placed as to show either par- allel or diagonal parking at such places. It shall be unlawful, where such spaces are designated, to park any vehicle outside of or across any such line or markings or to park any vehicle in such a position that the same shall not be entirely within the space so designated by such line or markings. 10-113: OVERTIME PARKING PROHIBITED: When signs are erected or markings made giving notice of the length of time of parking at any space, -no person shall park a vehicle thereat for longer than the length of time so designated by said signs; parking shall be deemed ended only by the removal of the parked vehicle to a distance at least on x block therefrom. I 10-114: LOADING AND UNLOADING ZONES SET BY CHIEF OF POLICE: The Chief of Police is hereby authorized to designate loading and unloading zones, and no person shall stop, stand or park a vehicle, within or at said designated zones, for any purpose or length of time other than for the expeditious and actual loading or unloading of passengers, materials, goods or merchandise. 10-115: OVERNIGHT PARKING: It shall be unlawful for any person to park a vehicle within the City of Meridian, for a period of time longer than thirty (30) minutes between the hours of two o'clock (2:00) A.M., and five o'clock (5:00) A.M., of any day, except authorized emergency vehicles, physicians on emergency calls, or for residential parking purposes. 10-116: PARKING IN ALLEY PROHIBITED: park any vehicle in any alley any alley, except for the expeditious and unloading of passengers, materials, goods It shall be unlawful to or in the entrance of actual loading or or merchandise. 10-117: PARKING VEHICLES WITH OFFENSIVE LOADS: It shall be unlawful to park any vehicle on city streets when such vehicle is loaded with any material that creates an offensive odor, or where the load or contents of the vehicle spills onto any portion of the highway. 10-118: RUNNING EN"GINES IN UNATTENDED PARKED CARS PROHIBITED, SET BRAKES: No person having control or charge of a vehicle, shall allow such vehicle to stand on any street or high- way unattended without stopping the engine of said vehicle, -Q-F- RND effectively setting the brakes thereon, or devices to prevent the vehicle from rolling. 10-119: UNATTENDED VEHICULAR ANIMAL TO BE TIED: It shall be unlawful to permit any animal used for vehicular purposes to be left unattended upon a street, alley or other pub- lic place unless such animal is securely tied to an object adapted for such purpose. 10-120 : REPAIRING VEHICLES IN CITY STREETS: It shall be__ unlawful for any person to repair any vehicle in the of the City, except for emergency repairs necessary to same to private property. I s tree ts move the 10-121: MOVING VEHICLE TO ILLEGAL LOCATION: It shall be unlawful for any person to move a vehicle not lawfully under their control into any position or location, which would cause said vehicle to be in violation of any section of this code or any Idaho State code. 179 10-122: FIRE DEPARTMENT EMERGENCY VEHICLE: FOLLOWING, PARKING IN AREA OF, PEDESTRIANS CLOSE TO: (1) It shall be unlawful for any driver of any vehicle, other than an authorized emergency vehicle or person, to (a) follow any fire apparatus traveling in response to a fire alarm, closer than five hundred feet (500') or, (b) park such vehicle within the block, or within seven hundred fifty feet (750') where the fire apparatus has stopped in answer to a fire alarm, or within seven hundred fifty feet (750') of the fire, whichever is farthest. I (2) It shall be unlawful for any pedestrian, other than authorized personnel, to stand, loiter, walk or otherwise be within one hundred feet (100') of any fire scene or within fifty feet (50') of any piece of operating fire equipment. (Operating fire equipment would include any item being used by any emergency per- sonnel at a reported fire or other related emergency scene.) 10-123: SCHOOL AND CITY PROPERTY: It shall be illegal for any person to operate, ride, stop or park any bicycle, vehicle or animal on any property owned, rented or used by any school district or any property owned, rented or used by the City of Meridian, contrary to any sign or marking errected and intended to control, direct or restrict the movement, stopping, standing or parking of any bicycle, vehicle or animal. (I.C. 49-594) 10-124: BACKING OF VEHICLES: No vehicle shall be backed a distrance greater than necessary to go legally and safely forward again. This Section shall not apply to those vehicles backing into driveways, loading zones or areas, or parking spaces, providing such movement can be, and is, done with reasonable safety. 10-140: EMERGENCY VEHICLES HAVE RIGHT-OF-WAY: The driver of any vehicle shall yield the right-of-way to authorized emergency vehicles when the latter are operated with audible signal by bell, siren or whistle or flashing red light or blue light or combination thereof. 10-141: DRIVING OVER FIRE HOSE: No vehicle shall drive over or upon any fire hose unless directed to do so by a fireman or police officer. 10-142: DRIVING WITHOUT LICENSE PROHIBITED: No person shall drive any vehicle upon the streets or highways within the corporate limits of Meridian, Idaho, unless such driver is in possession of an operator's or chauffeur's license required by the laws of the State of Idaho. I 10-143: DRIVING SPEEDS: No person shall drive any vehicle, except emergency vehicles, at a greater speed than designated as follows: 1. In any public park, 15 miles per hour. 2 ~ When passing a public school building or grounds the'reof, 15 miles per hour. 3. On all other streets and alleys in Meridian, 25 miles per hour, or as otherwise posted. 10-144: DRIVING ON RIGHT HALF OF STREET: The driver of any vehicle shall drive such vehicle upon the driver's right half of the street, except upon one-way streets or alleys, and except when such right half of the street is out of repair, or when passing or overtaking another vehicle as provided in Section 10-155 of this Chapter. 180 10-145: DRIVING IN TRAFFIC LANES: Where the highway or street is marked by traffic lanes, a vehicle shall be driven entirely within a single lane and shall not be moved out of such lane until such movement can be made with safety, and such move- ment shall be subject to the right-of-way of vehicles in other lanes. 10-146 : RESTRICTIONS WHEN FOLLOWING A VEHICLE: The driver of a vehicle sharI not follow any other vehicle more close- is reasonable and prudent, having due regard to the speed vehicles and traffic upon and conditions of the street. ly than of such 10-147: DRIVING ON SIDEWALK PROHIBITED: No vehicles shall travel upon any sidewalk, provided that vehicles may cross sidewalks at authorized curb cuts and at alleys. I 10-148: DRIVING THROUGH FUNERAL PROCESSION PROHIBITED: No driver shall drive a vehicle between vehicles compris- ing a funeral, parade or other authorized procession while such vehicles are in motion. 10-149 : U-TURNS: NOU-:turn or turn reversing the direction of travel, shall be made at any intersection in which "NO U-TURN" signs are erected, nor at any intersection at which there is a traffic signal light, nor at any place other than at an intersection, nor unless there be sufficient space to make such turn without backing, nor unless prior to and during such turn, the same be signalled in the manner required by state law. 10-150: PARTIAL U-TURN: It shall be illegal for any turn to be made commencing from the lane of traffic in which a vehicle is moving which crosses the opposite traffic lane and which results with said vehicle parking or coming to a stop on the upfJosi te slue of the street from where Lhe LU.r:-n conmlenced. 10-151: LEFT TURN APPROACHED FROM LEFT, RIGHT TURN APPROACHED FROM RIGHT, RIGHT TURN AGAINST RED LIGHT: The driver of a vehicle intending to make a turn to the left at an inter- section shall approach the intersection on the left side of the driver's right half of the roadway, and shall yield the right-of- way to any vehicle approaching from the opposite direction which is in the intersection or so close thereto as to constitute an immediate hazard. Such driver shall, before turning, signal as required by the statutes of the State of Idaho, and shall keep on the driver's right half of the intersection and roadway.. The driver of a vehicle intending to make a turn to the right at an intersection, shall approach the intersection on the right side of the driver's right half of the roadway, and before turning, shall signal as required by the statutes of the State of Idaho. Right hand turns may be made against red lights upon the vehicle being brought to a complete stop before entering onto the crosswalk and before or while proceeding, such driver shall give the right-of-way to vehicles lawfully in the intersection and to pedestrians tra- versing the crosswalk or proceeding with the green light who are hereby declared to have the superior right-of-way. I 10-152: DRIVING AWAY FROM CURB: Any vehicle entering or leav- ing curb or parking space shall yield the right-of-way to the moving vehicles, and the driver of any vehicle be fore start- ing, stopping or turning from a direct line of travel, shall first see that such action can be made in safety to other vehicles and to pedestrians. 10-153: COMPLETE STOP REQUIRED: All vehicles must be brought to a complete stop before passing any stop sign or entering upon an arterial or through street, and no vehicle shall enter into an arterial or through street except cautiously and shall yield the right-of-way to vehicles not so required to stop and which are in the intersection., or are approaching at a lawful speed so closely as to constitute an immediate hazard. 181 10-154: STOPPING ON CROSSWALK PROHIBITED: All vehicular and pedestrian traffic facing the "STOP" device shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and no vehicle or pedestrian facing such device shall enter onto the crosswalk or cross such street, except as provided in Section 10-151 of this Chapter. I 10-155: PASSING VEHICLES: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall drive to the left thereof at a safe distance and shall not again drive to the right until safely clear of the overtaken vehicle, provided, that where the street is marked into traffic lanes, it shall be permissible for the overtaking vehicle to pass the overtaken vehicle in either the right or left hand lane. The driver of a vehicle shall not drive to the left side of the center line of the street in passing another vehicle proceeding in the same direction, unless such driver has a clear view and the left side of the street is free from oncoming traffic for a sufficient distance to permit such overtaking and passing to be completely made without impeding the safe operation of any vehicle approach- ing from the opposite direction, such approaching vehicle having the superior right-of-way. 10-156: SIGNAL WHEN PASSING: The driver of an overtaking vehicle shall give audible warning with a horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction. 10-157: WHEN PASSING IS PROHIBITED: The driver of a vehicle shall not overtake and pass any other vehicle proceed- ing in the same direction at any railway crossing, nor at any intersection except such vehicles as are turning into other streets and except where traffic lanes are marked and subject to the provisions of this Chapter. 10-158: OVERTAKEN VEHICLE NOT TO INCREASE SPEED: The driver of an overtaken vehicle shall, subject to the provi- sions of Sections 10-145 and 10-155 of this Chapter, give way to the driver's right, in favor of the overtaking vehicle, and shall not increase its speed until completely passed by the overtaking vehicle. 10-159: RECKLESS AND NEGLIGENT DRIVING PROHIBITED: I (A) Reckless Driving: Any person who drives any vehicle upon a public street carelessly and heedlessly, or without due cau- tion and circumspection and at a speed or in a manner so as to endanger any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in Subsection (B) of this Section. (B) Reckless Driving; Penalty: Every person convicted of reckless driving under this Section shall be punished by imprisonment in the County jail for a period of not more thanthirtll (30) days. or by a fine of not:_lessthan twe'nty- five ($25.00) nor more than three hundred dollars ($300.00) or by both such fine and imprisonment. (C) Negligent Driving; Penalty: It shall be unlawful for any person to operate a motor vehicle in a negligent manner anywhere within the limits of the City in excess of the prima facie speed or without due caution and circumspection or to operate such a vehicle in such a manner as to endanger or be likely to endanger any person or property. The offense of operating a vehicle in a negligent manner shall be 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 182 a reckless manner 'may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating the provisions of this Section shall be punished upon conviction in the same manner as is provided in Sub- section (B) of this Section. 10-160: DRIVING WHILE UNDER INFLUENCE OF LIQUOR OR NARCOTICS PROHIBITED: (A) It is unlawful and punishable as provided in Subsection (D) of this Section for any person who is under the influence of intoxicating liquor to drive or be in actual physical con- trol of any vehicle within this City. (B) In any criminal prosecution for a violation of Subsection (A) of this Section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance shall give rise to the following presumptions: I 1. If there was at the time five hundredths percent (0.05%) _,or less by weiJght of alcohol in the de fendant' s blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; 2. If there was at the time in excess of five hundredths percent (0.05%) but less than eight hundredths percent (0.08%) by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxi- cating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; 3. If there was at the time eight" hundredths percent (0.08%) or more by weight of alcohol in the efendant's blood, it shall be presumed that the defendant was under the in- fluence of intoxicating liquor; 4. The foregoing provisions of Subsection (B) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxi- cating liquor. (C) It is unlawful and punishable as provided in Subsection (D) of this Section for any person who is an habitual user, or under the influence of any narcotic drug, or who is under the influence of any "other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this City. The fact that any person charged with a violation of this Subsection is or has been entitled to use such drug under the laws of the State of Idaho shall not constitute a defense against any charge of violating this Subsection. I (D) Every person who is convicted of a violation of this Section shall be punished by imprisonment in the County jail for not more than six (6) months, or by fine of not less than one hundred dollars ($100.00) nor more than tnree hundred dollars ($300.00) or by both fine and imprisonment. 10-170: PEDESTRIAN RIGHT-OF-WAY: Where traffic control signals are not placed or not in operation, the driver of a vehicle shall yield the right-of-way to any pedestrian crossing the street within any crosswalk. 183 10-171: LOADED VEHICLES OBSTRUCTING VIEW PROHIBITED: It shall be unlawful for the driver of any vehicle to drive the same upon any street or highway when such vehicle is so loaded as to obstruct the view of the driver to the front or sides thereof, or to interfere with the driver's control of the driving mechanism of the vehicle. 10-172: UNLAWFUL RIDING IN VEHICLES: It shall be unlawful for any person to ride any vehicle upon any portion thereof not designated 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. I 10-173: VEHICLE IN MOTION: It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion. 10-174: PEDESTRIANS CrtOSS ON CROSSWALKS ONLY: No pedestrian shall cross any street except upon the crosswalks thereof. 10-180: REPORTING ACCIDENT: The driver of any vehicle involved _ in injury or death to a person, or resulting in injury or damage to property, shall within twenty-four (24) hours make a detailed report of such accident to the Police Department of Meridian. 10-181: STOPPED AT SCENE OF ACCIDENT: Whenever any vehicle is involved in an accident resulting in injury to or death of any person, or resulting in any injury to property, the driver shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and shall exhibit his operator's or driver's license to the person struck or to the driver or occupant of any vehicle collided with, or if impossible to do so, then to some person at the scene of the accident. 10-185: MUFFLER REQUIRED: No person shall drive an automobile, motor vehicle or motorcycle with a gasoline or other explosive mixture as a motor power within the city limits of the City of Meridian without a muffler thereon sufficient to deaden the sound of the xxplosions and such muffler shall not be dis- connected or cutting out while such automobile, motor vehicle or motorcycle is being operated wi thin the limi ts of Meridian. 10-186: EXCESSIVE EXHAUST: No vehicle shall be operated with an excessive smoking exhaust upon any road, street or highway within the limits of this city. 1 10-187: SIRENS, GONGS, WHISTLES, ETC. PROHIBITED: No vehicle shall be equipped with any siren, gong, whistle, or any other device to create a loud and/or unusual noise. Author- izedemergency vehicles shall be exempt from this Section. "Excessive or unusual noise" as used in this Section and 10-185 includes, but is not limited to, any sound made by a passenger motor vehicle or a motorcycle at any time under any condition of grade, speed, acceleration or deceleration which exceeds ninety- two (92) decibels, or, any lower decibel level that is fixed by law or the rules and regulations regularly adopted by the board of environmental and community services, on the A scale of a general radio company No. 1551-B sound level meter, or equivalent, stationed at a distance of not less than twenty (20) feet to the side of such vehicle or motorcycle as such vehicle or motorcycle passes the soundmeter or is stationed not less than twenty (20) feet from a stationary motor or engine. 184 10-190: IMPOUNDING OF VEHICLES--SALES: (A) Impounding of Vehicles with Hazardous or Offensive Loads: Any police officer or other person design~ted by the City of Meridian shall have the authority to remove to a safe location or store at an impound lot, any vehicle found parked within the city limits of the City of Meridian, which is either: 1. Loaded wi th, or has contained wi thin or on its structure any inflammable or dangerous substance, when such sub- stance is escaping or leaking from its tank or other container, or otherwise creates an immediate hazard. 2. Loaded with any substance which creates an offensive odor. I ~ (B) Impounding of Vehicles Parked in Excess of 48 Hours: It shall be unlawful for any vehicle to be continuously parked in anyone location on any public property or public alley, highway or right-of-way for more than two (2) consecutive days (48) hours. Any police officer, after having properly marked the vehicle, and then having personal knowledge that the vehicle is parked in viola- tionof this Section, may impound said vehicle and have it stored at an officially designated impound storage lot. (C) Moving Vehicles to Clean and Repair streets: It shall be unlawful for any person to refuse, upon request by the City, through its authorized officials, to move any vehicle parked on th Ci ty Streets, when such request is made for the purpose of repair or cleaning streets. If any person owning such a vehicle or having an interest therein refuses such request, the City shall have the right to move or impound the same and charge the cost thereof to the owner. (D) Sale of Impounded vehicles: Sale of impounded vehicles shall proceed pursuant to the Rules and Regulations of the Department of Law Enforcement, State of Idaho, Park 800 3a, copies of which shall be on file at the Meridian Police Department. Section 3. That a new Chapter shall be added to Ti tIe 10, and shall be known asTi tIe 10, Chapter 4, relate to the issuance of arrest warrants, and read as follows: CHAPTER 4- 10-401: ISSUANCE OF~ARRANTS OF ARREST: An ordinance providing for the payment of parking fines to the City of Meridian. In the event the prescribed parking fine is not paid as required, or the parking citation is not otherwise disposed of as authorized by law, a warrant of arrest shall be issued for the registered owner, or leasee, 0 f the vehicle described in the parking citation. (A) If any vehicle is found stopped, standing or parked in any manner violating any of the provisions of this Title, and the identi ty of the actual driver cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named leaseee in a rental or lease agree- ment of said vehicle, shall be held prima facie responsible for said violation. I (B) It shall be the duty of the Police Department upon observing . .avehicle ,pa.rked,.standing or stopped:~ii1 viola-tion of the provisions of this Title, to leave at or upon such vehicle a notice that such vehicle has been parked or stopped in viola- tion of the provisions of this Title. Among other things, the notice shall bear the date and hour of leaving the same at or upon the vehicle, make of the vehicle, and its license number, the specific Code Section violated and the amount of the fine, 185 instructing the owner or operator of such vehicle to report to the traffic ticket section under the jurisdiction of the City Treasurer's office. The remaining copies or notices herein mentioned shall be filed as follows: One copy shall be retained by the police officer leaving such ticket upon a vehicle, one copy shall be filed with the traffic ticket section of the city Treasurer's office and one copy shall be filed with the Meridian Police Department. (C) When a parking citation is issued to a vehicle as required or permitted by this code, the person responsible for the citation shall, within seven (7) calendar days from the date of issue of the citation, pay to the City Treasurer's office, in the city of Meridian, the amount indicated on the parking citation. I (D) In the event the citation is contested, the person shall appear at the Meridian Police Department within seven (7) day period and sign a document contesting the violation charged. The person will then be assigned a time and date to appear in the Ada County Traffic Court, in the City of Boise, State of Idaho. (E) In the event the parking citation is not disposed of by payment of the prescribed fine, or otherwise as provided by his code within the seven (7) day period, the Meridian Police Department shall cause a warrant of arrest to be issued. The person named in the warrant of arrest shall be the person described in Subsection A of this Section. Section 4. WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the Ci ty of Meridian, County, Idaho, this 1st day of October, 1979. (' Ma ATTEST: . . ~ . .. .. ~ -- ~- -. ~~~ ~~ cc: ~odiners 10-3-79 .'fl, I C--' _~ Mi nutes Police File I I .1"0 _....,...1