TRAFFIC AND VEHICLES
Cross reference— Administration, ch. 2.
State Law reference— Traffic signs, signals and markings generally, 47 O.S. § 11-201 et seq.; authority to regulate traffic by means of traffic control signals, 47 O.S. § 15-102(a)(2).
State Law reference— Driver's licenses, 47 O.S. § 6-101 et seq.
State Law reference— Vehicle size, weight and load, 47 O.S. § 14-101 et seq.
State Law reference— Vehicle equipment, 47 O.S. § 12-101 et seq.
Editor's note— Section 1 of Ord. No. 1102, adopted May 8, 2014, changed the title of art. IX from "Abandoned, Derelict or Junk Vehicles" to read as herein set out.
Cross reference— Environment, ch. 38.
State Law reference— Abandoned vehicles, 47 O.S. § 901 et seq.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley means any narrow highway ordinarily located in the interior portion of platted blocks and ordinarily used for service or delivery purposes at the rear of stores, dwellings or buildings.
Ambulance means a motor vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick or injured persons.
Bicycle means a device having two tandem wheels, propelled by human power, upon which any person may ride.
State Law reference— Similar provisions, 47 O.S. § 1-104.
Business district means the territory contiguous to, and including a highway if there are buildings within 600 feet of the highway in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
State Law reference— Similar provisions, 47 O.S. § 1-106.
Commercial vehicle means a vehicle designed, maintained or used primarily for the transportation of property.
Commission means the traffic and transportation commission of the city.
Crosswalk means:
(1)
That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and
(2)
Any portion of a roadway at an intersection, or elsewhere distinctly designated for pedestrian crossing by lines or other markings on the surface.
State Law reference— Similar provisions, 47 O.S. § 1-111.
Director means the community development director.
Double park means parking or stopping a vehicle on the roadway side of another vehicle already parked adjacent to the edge or curbing of the roadway.
Driver or operator means a person who drives or is in actual physical control of a vehicle.
State Law reference— Driver or operator defined, 47 O.S. § 1-140.
Emergency means an unforeseeable occurrence of temporary duration causing or resulting in an abnormal increase of traffic volume, cessation or stoppage of traffic movement, including fire, storm, accident, riot or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic.
Emergency vehicles means vehicles of the fire and police departments and legally authorized ambulances and emergency vehicles of municipal departments or public service corporations.
State Law reference— Authorized emergency vehicle defined, 47 O.S. § 1-103.
Intersection means the following:
(1)
The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; and
(2)
If a highway includes two roadways 30 feet or more apart, then every crossing or each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
State Law reference— Similar provisions, 47 O.S. § 1-126.
Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
State Law reference— Similar provisions, 47 O.S. § 1-127.
Limit lines means boundaries of parking areas, loading zones and nontraffic areas and lines indicating the proper place for stopping where stops are required.
Limited access highway means a highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.
State Law reference— Similar provisions, 47 O.S. § 1-110.
Loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Motor vehicle means a vehicle which is self-propelled or propelled by electric power obtained from overhead wires, but not operated upon rails.
State Law reference— Motor vehicle defined, 47 O.S. § 1-134.
Motorcycle, motor scooter and motor bicycle mean a motor vehicle, other than a tractor, having a seat or saddle for the use of the driver, and designed to travel on not more than three wheels in contact with the ground.
State Law reference— Minibike defined, 47 O.S. § 1-133.1; motorcycle defined, 47 O.S. § 1-135; motor-driven cycle defined, 47 O.S. § 1-136; motorized bicycle defined, 47 O.S. § 1-136.1.
Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers, provided such loading and unloading is in an authorized place.
State Law reference— Park or parking defined, 47 O.S. § 1-142(a).
Pedestrian means any person on foot.
State Law reference— Similar provisions, 47 O.S. § 1-143.
Police officer means an officer of the police department, or any person authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
State Law reference— Police officer defined, 47 O.S. § 1-147.
Private road or roadway means a way or place in private ownership or leading to property in private ownership, and used for vehicular traffic by the owner and those having express or implied permission from the owner.
State Law reference— Private road or driveway defined, 47 O.S. § 1-148.
Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
State Law reference— Similar provisions, 47 O.S. § 1-149.
Railroad train means a locomotive or engine, with or without cars attached, which is operated upon fixed rails, and is not a streetcar.
State Law reference— Similar provisions, 47 O.S. § 1-151.
Residence district means the territory contiguous to and including a highway not comprising a business district.
State Law reference— Residence district defined, 47 O.S. § 1-154.
Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision, unless one grants a precedence to the other.
State Law reference— Right-of-way defined, 47 O.S. § 1-156.
Roadway means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, "roadway," as used in this chapter, means any one of the roadways included in the highway and not all such roadways collectively.
State Law reference— Roadway defined, 47 O.S. § 1-158(a).
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by adequate signs so as to be plainly visible at all times.
State Law reference— Safety zone defined, 47 O.S. § 1-159.
School zone means any street or highway, or portion thereof, officially designated and marked as a school zone.
Sidewalk means that portion of a highway between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
State Law reference— Similar provisions, 47 O.S. § 1-163.
Standing means any stopping of a vehicle, whether occupied or not.
State Law reference— Standing defined, 47 O.S. § 1-167.
Stop, when required, means the complete cessation of movement.
State Law reference— Similar provisions, 47 O.S. § 1-169.
Stop or stopping, when not required, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal.
State Law reference— Stop or stopping (when prohibited) defined, 47 O.S. § 1-170.
Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
State Law reference— Similar provisions, 47 O.S. §§ 1-122, 1-171.
Through street or boulevard means a street or highway, or portion thereof, at the entrances to which:
(1)
Vehicular traffic from intersecting streets or highways is required by law to come to a full stop before entering or crossing; and
(2)
Stop signs are erected as provided in this chapter.
State Law reference— Through highway defined, 47 O.S. § 1-175.
Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.
State Law reference— Similar provisions, 47 O.S. § 1-177.
Traffic control device means any device legally authorized and used for the purpose of regulating, warning or guiding traffic.
U-turn means a turn by which a vehicle reverses its course of travel on the same street.
Vehicle means a device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails and tracks.
State Law reference— Vehicle defined, 47 O.S. § 1-186.
(Code 1977, §§ 10.08.010—10.08.410)
Cross reference— Definitions generally, § 1-2.
Except as specifically provided by law as set forth in this chapter, this chapter shall be controlling in the use of all boundary line roads, streets and highways, and city streets, alleys, thoroughfares, parks, parkways or any other public right-of-way or municipally owned land, by pedestrians and by vehicles of every kind, whether self-propelled or otherwise, and whether moving or at rest.
(Code 1977, § 10.04.020)
State Law reference— Authority to regulate traffic on boundary lines, 47 O.S. § 108.1.
Pursuant to the police power granted municipalities in the state and for the preservation and enforcement of good government and order, for the protection of health, life, morals and property, for the prevention, summary abatement and removal of nuisances, and otherwise for the promotion of the common welfare, all private roads within the city shall be governed by the provisions of this chapter.
(Code 1977, § 10.20.010(B))
Every person riding an animal or driving any animal-driven 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 article, except those provisions of this chapter which by their very nature can have no application.
(Code 1977, § 10.04.040)
State Law reference— Similar provisions, 47 O.S. § 11-104.
Unless specifically made applicable, the provisions of this article, except those contained in article VI, division 2, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway, or to persons, motor vehicles and other equipment while actually engaged in construction, maintenance or repair of public utilities, provided that all highway and public utility operations shall be protected by adequate warning signs, signals, devices or flagmen, but the provisions of this chapter shall apply to such persons and vehicles when traveling to or from such work.
(Code 1977, § 10.04.030)
State Law reference— Similar provisions, 47 O.S. § 11-105.
The military forces of the United States and organizations of the National Guard, performing any military duty, shall not be restricted by this chapter, and shall have the right-of-way on any street or highway through which they may pass against all vehicles, except carriers of the United States mail, fire engines, ambulances and police vehicles in the necessary discharge of their respective duties. Such mounted military forces and organizations moving in convoy shall have lights burning, with lead and trail vehicles prominently marked, and shall travel, while inside the corporate limits of the city, in compliance with such speeds as are legally posted within the corporate limits of the city, and shall maintain a closed interval of not more than 75 feet.
(Code 1977, § 10.04.030)
State Law reference— Similar provisions, 47 O.S. § 11-107.
(a)
The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, may exercise the privileges set forth in this section and other provisions of this chapter, but subject to the conditions stated in this section.
(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 prima facie speed limits up to ten miles per hour so long as he does not endanger life or property. The ten miles per hour limitation shall not be applicable to police and fire department vehicles;
(4)
Disregard regulations governing direction of movement or turning in specified directions.
(c)
The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and displays at least one lighted lamp emitting a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle. An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(d)
The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(Code 1977, § 10.80.030)
State Law reference— Privileges of authorized emergency vehicles, 47 O.S. § 11-106.
No person shall violate any provision of title 47 of the Oklahoma Statutes. Such title is adopted by reference.
No person shall fail to appear in response to a traffic violation regardless of the disposition of the charge for which the citation was originally issued.
(Code 1977, § 10.92.020)
State Law reference— Similar provisions, 47 O.S. § 16-112.
(a)
Every owner of a motor vehicle registered in the state shall carry in such vehicle at all times a current and valid owner's security verification form, as defined in 47 O.S. § 7-601.1, listing the vehicle, or a current and valid equivalent form which has been issued by the department of public safety, which shall be produced by any driver thereof upon request for inspection by any law enforcement officer; and in case of a collision, the form shall be shown upon request to any person affected by such collision.
(b)
Every operator of a motor vehicle registered in the state shall, while operating or using such vehicle, carry either a current and valid operator's or a current and valid owner's security verification form as defined in 47 O.S. § 7-601.1 issued by an insurance carrier, providing the operator is not excluded from coverage thereon, or an equivalent form issued by the department of public safety reflecting liability coverage.
(c)
The following shall not be required to carry an owner's or operator's security verification form or an equivalent form issued by the department of public safety:
(1)
Any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof;
(2)
Any vehicle bearing the name, symbol or logo of the business, corporation or utility on the exterior, and which is in compliance with 47 O.S. §§ 7-600—7-610 according to the records of the department of public safety, which reflect a deposit, bond, self-insurance or fleet policy;
(3)
Any vehicle authorized for operation under a permit number issued by the Interstate Commerce Commission or Oklahoma Corporation Commission;
(4)
Any licensed taxicab; and
(5)
Any vehicle owned by a licensed used motor vehicle dealer.
(d)
Any owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the department of public safety upon request of any police officer or other authorized person shall be guilty of an offense. Any person producing proof in court that a current security verification form or equivalent form which has been issued by the department of public safety reflecting liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of the charge upon payment of court costs.
(Code 1977, §§ 10.14.010—10.14.040)
State Law reference— Similar provisions, 47 O.S. §§ 7-601.1, 7-602; authority to require possession of security verification form, 11 O.S. § 22-117.1.
Every motor vehicle is required to display on the rear thereof the current year's license plates issued by the state or any other state in the United States or the United States government. Any plate placed on the rear of any vehicle shall be so placed that they may be read or seen at all times during the day or night. All license plates shall be kept reasonably clean and clear of mud, grease, dirt or any other substance in order that they may be easily seen, discerned and read.
(Code 1977, § 10.68.130)
State Law reference— Display of license plates, 47 O.S. § 115.1.
No person shall drive or move on any road, street or highway of this city any motor vehicle, including motorcycles, trailers, semitrailers or pole trailers, which are licensed by the state tax commission and operated on the roads, streets or highways of this city, or any combination thereof, unless the vehicle is bearing a valid official inspection sticker issued by an official inspection station licensed by the department of public safety. The provisions of this section shall not apply to any house trailer which requires a permit in order to be moved upon the highways of this state.
(Code 1977, § 10.68.190)
State Law reference— Inspection stickers, 47 O.S. § 851.
(a)
No person shall engage in, aid or abet any motor vehicle speed contest or exhibition of speed on any street or highway.
(b)
No person shall, for the purpose of facilitating or aiding, or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway.
(c)
When three or more persons assemble to witness or participate in an unlawful speed contest, such assembly is an unlawful assembly, and any person who participates in such unlawful assembly is guilty of an offense.
(Code 1977, § 10.40.040)
State Law reference— Speed generally, 47 O.S. § 11-801 et seq.
(a)
Entry on private property without consent constitutes trespass. No person shall make an entry with any vehicle or leave any vehicle parked upon real property owned or legally occupied by another without such owner's or occupant's consent, except where such private property is provided as public parking and the general use of the property is not restricted by signs or proper markings.
(b)
If a violation of the provisions of this section occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle, or if the identity of the person is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property.
(c)
In all cases where an entry has been made which constitutes a trespass and is complained of by the owner or legal occupant of the premises, the burden of proof is upon the person making the entry to show that consent for such entry was given.
(d)
Upon filing of the complaint by the property owner or legal occupant, and if there appears to be reasonable cause to believe the provisions of this section have been violated, the police department shall cause the vehicle to be impounded and stored.
(e)
When a vehicle has been impounded pursuant to this section, the owner shall be notified by the police department if the identity of the owner can be ascertained by reasonable diligence.
(Code 1977, § 10.52.240)
State Law reference— Parking vehicles on posted private property, 47 O.S. § 11-1006.
Cross reference— Officers and employees, § 2-61 et seq.
The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with traffic laws of the city, unless otherwise directed by an authorized person, or excepted under the provisions relating to drivers of authorized emergency vehicles.
(Code 1977, § 10.16.090)
State Law reference— Similar provisions, 47 O.S. § 11-201.
No provision of this chapter where official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section of this chapter does not state that official traffic control devices are required, such section shall be effective even though no traffic control devices are erected or in place.
(Code 1977, § 10.16.100)
State Law reference— Similar provisions, 47 O.S. § 11-201(b).
Whenever the commission records the finding based upon a traffic engineering survey and investigation that normal movement of traffic within legal limitations is or has become impeded or dangerous at any intersection or crossing because of increased use of such street or changed conditions, and that the increased use or change in conditions requires the installation at the intersection of suitable traffic control devices reasonably found from the data reported in the survey to be necessary to restore normal movement of traffic within legal limitations, or to provide greater safety and efficiency in the use of streets entering and leaving the intersection, the commission shall designate the intersection or location for installation of traffic control devices, and the director shall initiate necessary steps to obtain and install such traffic control devices.
(Code 1977, § 10.16.010)
The director shall prepare and maintain a schedule of each intersection and location where a traffic control device is installed and the kind of traffic control device installed. The schedule shall be designated as "schedule XI, traffic control devices." The original of schedule XI shall be kept on file in the office of the city clerk.
(Code 1977, § 10.16.070)
When the commission finds that a paved roadway of sufficient width to allow two or more vehicles to pass abreast requires, for the safety of traffic movement, regular traffic alignment or guidelines to facilitate the positioning of moving vehicles in proper lanes for passing, turning or stopping, the commission is authorized to instruct the director to mark traffic lane lines on the roadway surface and to place marks, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning there.
(Code 1977, § 10.16.020)
When the commission finds that vehicular traffic moving over any street or portion thereof, or specific lanes without regard to the center of the specific street, should proceed in one direction during one period of the day, and the opposite direction during another period of the day, for purposes of facilitating traffic movement or to make more efficient use of the designed capacity of the street, the commission is authorized to instruct the director to place signs, barriers, lane signals or other devices to give notice of such purpose.
(Code 1977, § 10.16.030)
When the commission finds that the relation of traffic volume moving in one direction over any street is greatly disproportionate to the volume of traffic moving in the opposite direction on the same street, the commission is authorized to instruct the director to align or realign the traffic lanes without regard to the center of the street or roadway, and designate the lanes to be used by traffic moving in either direction and install and maintain appropriate lines, signals, barriers, markings or other devices to give notice.
(Code 1977, § 10.16.040)
When the commission finds that pedestrian congestion requires the installation of a crosswalk at a location other than intersections, the commission is authorized to instruct the director to install and maintain official traffic control signals and appropriate devices, markings or signs, and crosswalk markings on the surface of the roadway at such location.
(Code 1977, § 10.16.050)
All signs, signals and devices required under this article for a particular purpose shall, so far as practicable, be uniform as to type and relative location throughout the city. All traffic control devices erected and not inconsistent with the provisions of state law or this article shall be official traffic control devices.
(Code 1977, § 10.16.080)
State Law reference— Traffic control devices to conform to state standards, 47 O.S. § 15-106.
The display of signal lights, arrows and words is deemed to have the following meanings and require the appropriate response on the part of vehicular traffic and pedestrians:
(1)
Green alone, "go":
a.
Vehicular traffic facing the signal, except when prohibited, may proceed straight through or turn right or left unless an official sign at such place prohibits such turn, but any vehicle and any pedestrian lawfully within the intersection or adjacent crosswalk at the time the signal displays green shall have the right-of-way over such vehicular traffic.
b.
Pedestrian traffic facing a green signal may proceed across the roadway within any marked or unmarked crosswalk unless a "walk" signal indicator is operating.
(2)
Yellow or amber alone, "caution":
a.
The showing of such signal color following green shall constitute a warning that the red or "stop" signal will be exhibited immediately thereafter.
b.
Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is so near the limit line when the "caution" signal first flashes that a stop cannot be made in safety, in which event vehicles may proceed cautiously through the intersection and clear such intersection before the red signal flashes.
c.
Pedestrians facing the signal shall not enter the roadway until the green or "go" signal is shown alone, unless authorized to proceed by a pedestrian "walk" signal.
(3)
Red alone, "stop":
a.
Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone. Where official signs are erected so indicating, vehicles in the right traffic lane shall stop before making a right turn, but such vehicles shall yield the right-of-way to any pedestrians or other traffic in the intersection and the turn shall not be made so as to interfere in any way with traffic proceeding on a green signal indication on the cross street.
b.
Pedestrians facing the signal shall not enter or cross the roadway when such movement interferes with traffic proceeding on a green signal indication on the cross street, or when the movement cannot be made in safety. No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone, unless authorized to do so by a pedestrian "walk" signal.
(4)
Red with green arrow:
a.
Vehicular traffic facing such signal when in the proper traffic lane may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. If the movement indicated by the green arrow is a left turn, the left turn shall be made only on the red with green arrow signal.
b.
No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone, unless authorized to do so by a pedestrian "walk" signal.
(5)
Green arrow alone: Whenever vehicular traffic movements are controlled by green arrows alone and not displayed with any other signal indication, vehicles facing such signals may make the movements indicated by the green arrows and the movements shall be made only when the green arrows are displayed.
(Code 1977, § 10.16.110)
State Law reference— Traffic control signal legend, 47 O.S. § 11-202.
Where official traffic control lane signals are installed on streets, parts of streets or lanes duly authorized to be marked as reversible lane streets, colored lights overhanging a lane shall have the following meanings:
(1)
Green. Vehicles facing the signal shall use the lane over which the signal is displayed for normal driving purposes.
(2)
Red. Vehicles facing the signal shall not enter or travel on the lane over which the signal is displayed.
(3)
Flashing yellow (amber). Vehicles facing the signal shall use the lane over which the signal is displayed for passing movements only, and shall return to a lane controlled by a green signal as soon as feasible. Lanes controlled by flashing yellow signals may be used by vehicles at intersections for turning movements.
(Code 1977, § 10.16.120)
State Law reference— Lane use control signals, 47 O.S. § 11-204.1.
Special pedestrian control signals exhibiting the words "walk," "wait" or "don't walk" shall regulate pedestrian movement as follows:
(1)
Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(2)
Wait or don't walk. No pedestrian shall start to cross a roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "walk" signal shall proceed to a sidewalk or safety zone while the "wait" signal is showing.
(Code 1977, § 10.16.130)
State Law reference— Similar provisions, 47 O.S. § 11-203.
(a)
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1)
Flashing red, "stop signal". When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2)
Flashing yellow, "caution signal". When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution. The drivers shall obey any signs posted in addition to the signal device denoting the rate of speed either for approaching or passing through the intersection or zone governed by such caution signal.
(b)
This section shall not apply at railroad grade crossings.
(Code 1977, § 10.16.140)
State Law reference— Flashing signals, 47 O.S. § 11-204.
(a)
School signs shall be erected only at locations where school buildings or grounds are adjacent to the highway and shall remain in place during school season. On two-lane streets, there shall be one sign on the right as vehicles approach the school zone. On four-lane streets, there will be two signs, one on the right and one on the left as vehicles approach the school zone. On a divided street, there shall be two signs, one on the right and one in the median on the left as vehicles approach the school zone. For streets where speed limits have been established up to and including 35 miles per hour, the properly designated signs shall be erected not less than 150 feet from the crosswalk. For speeds in excess of 35 miles per hour, the distance shall be not less than 200 feet from the crosswalk.
(b)
School crossing specifications and placement of school crossing signs shall be the same as those prescribed for school signs in subsection (a) of this section. Such school crossings shall be established only after being so designated by resolution adopted by the commission, which shall make its determination on the basis of an engineering and traffic study performed by the director.
(c)
Crosswalks shall be designated by white lines extending from curb to curb, or in the absence of curbs, from the edges of the traversable roadway at each school crossing.
(d)
Approach lines shall be white zig-zag lines installed in advance of all crosswalks, extending 100 feet beyond the school or school crossing sign. One approach line shall be installed in each lane approaching a crosswalk.
(Code 1977, § 10.16.160)
State Law reference— Ordinances regulating school zone speed limits, 11 O.S. § 22-117.
Each parking space designed for handicapped use shall be marked with a sign which incorporates the international symbol of accessibility to inform all drivers that the spaces are reserved for use by the handicapped. Each sign shall be of sufficient height so as not to be obscured by a vehicle parked in the space.
(Code 1977, § 10.16.190)
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 or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or railroad sign or signal.
(Code 1977, § 10.16.170)
State Law reference— Similar provisions, 47 O.S. § 11-206.
(a)
No person shall alter, destroy, deface, molest, interfere, tamper, injure, knock down, remove or have in his possession any traffic control device.
(b)
This article shall not apply to any of the following persons when acting within the scope and duty of their employment:
(1)
Any officer, agent, independent contractor, employee, servant or trustee of any governmental agency;
(2)
Any officer, agent, independent contractor, employee, servant or trustee of any contractor, public utility or railroad company.
(Code 1977, § 10.16.180)
State Law reference— Similar provisions, 47 O.S. § 11-207.
(1)
The community development director, as recommended by the traffic commission, may establish golf cart crossing zones, for use by golf carts on any city street, other than a state highway, that has a speed limit of 25 miles per hour or less and that is immediately adjacent to a golf course and an established golf cart rental facility.
(2)
Established golf cart crossing zones shall be at an angle of approximately 90 degrees to the direction of the roadway and be properly marked with warning signs. The warning signs shall state that golf carts may be crossing the roadway and that motor vehicle operators shall take special precautions to be alert for the presence of golf carts. The roadway shall be marked as any other pedestrian crossing.
(Ord. No. 865, § 1, 10-7-2003)
Any traffic control signal light erected within the city limits of the City of Mustang shall, upon the recommendation of the Traffic and Transportation Commission and approval of the city council, be equipped with pedestrian control signals in addition to vehicular traffic signalization.
All such devices shall conform to section 114-112 and to any additional requirements of the current Manual on Uniform Traffic Control Devices approved by the American Association of State Highway Officials and adopted by the Oklahoma State Highway Commission.
(Ord. No. 988, § 1, 2-6-2007)
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall forthwith return to the scene of the accident, and in every event, shall remain at the scene of such accident until he has fulfilled the requirements of section 114-153. Every such stop shall be made without obstructing traffic more than is necessary.
(Code 1977, § 10.100.010)
State Law reference— Similar provisions, 47 O.S. § 10-103.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his correct name, address and registration number of the vehicle he is driving, and shall, upon request and if available, exhibit his driver's license and his security verification form, as required in section 114-10, to the person struck or the driver or occupant of or person attending any vehicle collided with.
(Code 1977, § 10.100.020; Ord. No. 1134, § 3, 12-15-2015)
State Law reference— Duty to give information and render aid at accident, 47 O.S. § 10-104.
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the correct name and address of the driver and owner of the vehicle striking the unattended vehicle, and provide the operator or owner of the struck vehicle with information from his security verification form, as required by section 114-10, or shall leave in a conspicuous place on the vehicle struck a written notice giving the name and address of the driver and the owner of the vehicle doing the striking, and providing information from his security verification form, as required by section 114-10, and a statement of the circumstances of such accident.
(Code 1977, § 10.100.030)
State Law reference— Similar provisions, 47 O.S. § 10-105.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a roadway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the registration number of the vehicle he is driving, and shall exhibit his driver's license and his security verification form, as required in section 114-10.
(Code 1977, § 10.100.040; Ord. No. 1134, § 4, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. § 10-106.
The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately, by the quickest means of communication, give notice of such accident to the city police department if the accident occurs within the city.
(Code 1977, § 10.100.050)
State Law reference— Similar provisions, 47 O.S. § 10-107.
(a)
An accident report is not required under this division from any person who is physically incapable of making a report during the period of such incapacity.
(b)
Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 114-155, and there was another occupant in the vehicle at the time of the accident capable of giving such report, such occupant shall make or cause to be given the notice not given by the driver.
(Code 1977, § 10.100.060)
State Law reference— Similar provisions, 47 O.S. § 10-111.
Any person who gives information in reports as required in section 114-152, knowing or having reason to believe that such information is false, shall be guilty of a misdemeanor.
(Code 1977, § 10.100.070)
State Law reference— Similar provisions, 47 O.S. § 10-112.
(a)
All accident reports made by persons involved in accidents shall be without prejudice to the individual so reporting, and shall be for the confidential use of the police department or other state agencies having use for the records for accident prevention purposes, or for the administration of the laws of this city relating to the deposit of the owner of motor vehicles, except that the police department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies the presence at such accident.
(b)
All accident reports and supplemental information filed in connection with the administration of the laws of this city relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection, nor shall copying of lists of such reports be permitted, except, however, that such reports and supplemental information may be examined by any person named therein or by his representative designated in writing.
(c)
No reports or information required in this section shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish, upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law.
(Code 1977, § 10.100.080)
State Law reference— Similar provisions, 47 O.S. § 10-115.
(a)
No person shall operate any motor vehicle on the highways without having in his possession at all times when operating such motor vehicle an unrevoked or unsuspended driver's license, of the appropriate class and with any necessary endorsements, as required by the laws of the state, unless such person is specifically exempted from such laws by the provisions thereof. However, no person charged with violating this section shall be convicted if he produces in court a driver's license, of the appropriate class and with any necessary endorsements, issued to him and valid at the time of his arrest.
(b)
No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on, a motor vehicle, or any other restrictions applicable to the licensee, as the state may determine.
(Code 1977, § 10.12.010; Ord. No. 1134, § 1, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. §§ 6-113, 6-303.
(a)
No person shall operate a motor vehicle when his privilege to do so is cancelled, suspended, revoked or denied.
(b)
Each act of driving on the streets or highways as prohibited by this section constitutes a separate offense.
(Code 1977, § 10.12.020)
State Law reference— Similar provisions, 47 O.S. § 6-303.
No person shall rent or offer any self-propelled or motor driven cycle to any person who does not have in his possession a validly issued driver's license, of the appropriate class and with any necessary endorsements, or who is not authorized under the provisions of the laws of the state to operate such vehicles.
(Code 1977, § 10.12.030; Ord. No. 1134, § 2, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. § 6-306.
No person shall authorize or knowingly permit any vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under the provisions of the laws of the state to operate such vehicle.
(Code 1977, § 10.12.040)
State Law reference— Similar provisions, 47 O.S. § 6-305.
State Law reference— Reckless driving, driving while intoxicated, etc., 47 O.S. § 11-901 et seq.
State Law reference— Driving on right side, passing, etc., 47 O.S. § 11-301 et seq.
State Law reference— Speed, 47 O.S. § 11-801 et seq.
State Law reference— Right-of-way generally, 47 O.S. § 11-401 et seq.
State Law reference— Turning movements, etc., 47 O.S. § 11-601 et seq.; authority to regulate turns, 47 O.S. § 15-102(a)(9).
State Law reference— Pedestrians, 47 O.S. § 11-501 et seq.
Cross reference— Off-street parking and loading, § 122-901 et seq.
State Law reference— Authority to regulate standing or parking, 47 O.S. § 15-102(a)(1); stopping, standing and parking, 47 O.S. § 11-1001 et seq.
Cross reference— Off-street parking and loading, § 122-901 et seq.
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited from using or traveling upon any streets and alleys within the city limits with the following exceptions:
(1)
Designated trucks routes;
(2)
Section line roads;
(3)
For the explicit purpose of loading or unloading.
(Code 1977, § 10.52.410)
When signs are erected giving notice thereof, no person shall operate upon any street so designated any vehicle which has more than two axles; provided, however, that vehicles with more than two axles may be operated on such streets for the purpose of delivering or picking up materials or merchandise, and then only by entering such street at the intersection nearest the destination of the vehicle and proceeding no further than the nearest intersection thereafter.
(Code 1977, § 10.72.010)
The director shall prepare and maintain a schedule of those streets, or portions thereof, upon which weight restrictions have been designated. The schedule shall reflect the gross weight above which is prohibited, the type of vehicles, if any, which are subject to the restriction, and any other effective weight restrictions. The schedule shall be designated as "schedule III, weight restrictions." The original of schedule III shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.72.020)
Except as otherwise provided by this article, no person shall drive or move, or cause or permit to be driven or moved, upon any street, whether paved or otherwise, any vehicle, unladen or with a load, which exceeds a height of 13½ feet.
(Code 1977, § 10.72.030)
State Law reference— Vehicle height restrictions, 47 O.S. § 14-103.
(a)
The director shall have authority to issue, withhold or revoke permits for temporary or emergency operation of vehicles or combinations of vehicles in excess of 13½ feet in height. Special permits shall prescribe the hours of the day when valid, the streets to be used and the route taken, and any other conditions that the director may consider proper under the circumstances.
(b)
Applications for such permits shall be made to the director a reasonable time in advance of the expected time of movement of such vehicles. In emergencies affecting the safety of persons or property, however, permits may be issued for immediate movement.
(Code 1977, § 10.72.040)
The city manager, subject to any directions which the council may make by motion or resolution, may prescribe routes through the city for the use of trucks in general or trucks of particular kinds and/or other vehicles which are not ordinary private passenger vehicles, passing through the city. The city manager shall see that appropriate and adequate signs are placed along such routes so that drivers of such vehicles may follow the routes. When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed as herein provided, while passing through the city, shall keep on such route and shall not deviate there from except in case of emergency. Drivers of such vehicles shall follow such routes so far as practicable also when driving within the city and not merely through the city.
(Ord. No. 1018, § 1, 1-6-2009)
The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisance arising from traffic law violations, protection of the public rights in the use of city streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting stolen vehicles.
(Ord. No. 1102, § 6, 5-8-2014)
Members of the police department are hereby authorized, within the limits set forth in this chapter, to impound vehicles under the circumstances hereinafter enumerated and as provided elsewhere in this Code. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this chapter.
(Ord. No. 1102, § 6, 5-8-2014)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Derelict vehicle means a vehicle:
(1)
Which is in a state of dilapidation and not in operating condition;
(2)
Upon which a current license plate is not displayed;
(3)
From which tires or wheels have been removed or deflated;
(4)
Which has obviously been abandoned and left on any street by the owner of the vehicle.
(Code 1977, § 10.52.010; Ord. No. 1102, § 5, 5-8-2014)
Editor's note— Section 5 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-551 as § 114-553.
Cross reference— Definitions generally, § 1-2.
(a)
No person shall park, or cause to be parked, any derelict vehicle upon any street or municipally owned property.
(b)
When any derelict vehicle is discovered by the police department to have been parked upon any street or municipally owned property in the city for a period of 72 hours, the police department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of such action by the police department.
(Code 1977, §§ 10.52.230, 10.52.231; Ord. No. 1102, § 4, 5-8-2014)
Editor's note— Section 4 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-552 as § 114-554.
(a)
A disabled vehicle upon a street, highway or any municipally owned property may be impounded by the police department if:
(1)
Left unattended and improperly parked;
(2)
Left unattended longer than 48 hours on the shoulder of any street or highway; or
(3)
The person in charge of the vehicle is incapacitated to such an extent as to be unable to arrange for such vehicle's custody or removal.
(b)
When a vehicle has been impounded pursuant to this section, the owner shall be notified by the police department, if the identity of the owner can be ascertained by reasonable diligence.
(Code 1977, § 10.52.232; Ord. No. 1102, § 3, 5-8-2014)
Editor's note— Section 3 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-553 as § 114-555.
(a)
A motor vehicle abandoned on a highway, shoulder or right-of-way may be impounded if after a period of 48 hours there is no evidence of an apparent owner who intends to remove the vehicle.
(b)
If an officer has reasonable cause to believe a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or other harm, he shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of an abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order.
(Ord. No. 1102, § 6, 5-8-2014)
State Law reference— Similar provisions, 47 O.S. §§ 901, 902.
An unattended vehicle left upon any bridge, viaduct or causeway or within the structure of a grade separation may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
A vehicle left unattended upon any street, alley or thoroughfare, and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic, may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any unattended vehicle parked at the street curbing of any zone where parking is prohibited and where official signs are in place giving notice thereof in violation of the prohibition may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any vehicle parked in a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant or marked fire lane may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any unattended vehicle illegally parked in any street intersection may be impounded. A disabled vehicle in an intersection, with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding 30 minutes, or cannot be determined from the registration or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the police department.
(b)
If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangement for the removal of the vehicle within the period of 30 minutes from the time he or she is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given in this section:
Enforcement officer means the code enforcement officer as designated by the city manager or any police officer of the city.
Junked motor vehicle means any motor vehicle which does not have lawfully affixed thereto both an unexpired license plate and a current motor vehicle safety inspection certificate, and the condition of the vehicle is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
Motor vehicle means any vehicle which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, campers and trailers.
Private property means any real property within the city which is privately owned and which is not public property.
Public property means any street or highway which includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
(b)
Certain vehicles prohibited. No person shall deposit, store, keep or permit to be deposited, stored or kept in the open, upon public or private property, a dismantled, unserviceable, inoperable, junked or abandoned vehicle, or any vehicle legally or physically incapable of being operated, for a period exceeding 48 hours, unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored.
(c)
Nuisance declared. The accumulation and/or storage of one or more vehicles, or parts thereof, as described in subsection (b) of this section, shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It shall be the duty of the owner of such vehicle, or the parts thereof, and/or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located, to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property, the removal or enclosure to be made within 48 hours after notice has been given to the owner of the vehicle and/or the owner, lessee or person in control of the property upon which such vehicle is located. The 48-hour time may be extended by the enforcement officer in the case of obvious hardship.
(d)
Responsibility for removal. Upon proper notice and opportunity to be heard, the owner of an abandoned, wrecked, dismantled or inoperative vehicle, and the owner or occupant of the private property on which such vehicle is located, either or all of them, shall be responsible for the removal of such vehicle. In the event of removal and disposition by the city or its designee, the owner or occupant of the private property where such vehicle is located, shall be liable for the expenses incurred.
(e)
Enforcement. The enforcement officer is empowered to enforce the provisions of this section, including the issuing of citations.
(Code 1977, § 10.52.241; Ord. No. 1102, § 2, 5-8-2014)
Editor's note— Section 2 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-554 as § 114-564.
Every vehicle that is impounded under the provisions of this chapter shall be removed to the nearest garage or place of safe keeping designated by the city council and to no other place.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any police officer is hereby authorized to cause to be impounded any vehicle found upon public roads, highways, streets, private parking lots accessible to the public, other public places or upon any private road, street, alley or lane which provides access to one or more single-family or multifamily dwellings when:
(1)
Report has been made that the vehicle has been stolen or taken without the consent of its owner and the owner cannot be located, is unable or unwilling to effect the removal of the vehicle within a reasonable amount of time not to exceed one hour, or the preservation and collection of evidence requires removal;
(2)
The officer has probable cause that the vehicle has been used in the commission of a felony offense and the officer has obtained a search warrant authorizing the search and seizure of the vehicle;
(3)
The vehicle bears a license plate which has expired for a period in excess of 90 days, bears a license plate which has been altered or tampered with, or bears a temporary tag issued more than 30 days prior to the impoundment, or bears no license plate which would be in conformance with the Oklahoma Vehicle License Act (47 O.S. § 1101 et seq.);
(4)
The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested or summoned before a proper magistrate without unnecessary delay;
(5)
At the scene of an accident, if the owner or driver is not in a position to take charge of the vehicle and direct or request its proper removal;
(6)
The officer has probable cause that the person operating the vehicle has not been granted driving privileges or that the driving privileges of the person are currently suspended, revoked, canceled, denied, or disqualified;
(7)
A police officer effects the arrest of the owner or operator of a vehicle out of the vehicle;
(8)
The officer has probable cause that the vehicle is not insured as required by the Compulsory Insurance Law of this state;
(9)
The vehicle is involved in a fatal motor vehicle collision and is needed for evidentiary purposes;
(10)
The vehicle has any evidentiary value, has directly or indirectly been involved in the commission of a crime, has been used to transport any person who has committed any offense involving the use of a firearm, or was directly or indirectly associated with a drive-by shooting; or
(11)
Impoundment is authorized by any other provision in this chapter or in this Code.
(b)
Any police officer who has directed the impoundment of any vehicle, or an authorized person in the employing agency of the officer, shall within 72 hours of the impoundment notify the department of public safety of such impoundment. The notice of impoundment shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored, and the estimated value of the vehicle as determined by the officer. This section shall not be construed to create any civil liability upon the state, any agency of the state, or employee thereof for failure to provide such notice to the owner or lienholder.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any vehicle seized or impounded by the city may, at the direction of the police department, be transported to such place as the city may designate.
(b)
The owner of the vehicle shall be responsible to the city or the city's designee for the following costs prior to the city or the city's designee releasing the vehicle. (The city manager, or his or her designee, may, to meet the best ends of justice or expedite on-going investigations, release the owner of part or all of the cost owed the city or the city's designee.)
(1)
The actual cost to have said vehicle transported to the place of storage, including the actual towing expenses.
(2)
A storage charge as allowed by law charged by the city's designee. For purposes of this section, the day of receipt shall constitute the first day and the day of release shall constitute the last day.
(3)
All fees incurred by the city or the city's designee, including lien filing fees, to either return the vehicle to the owner or sell the vehicle pursuant to statutory authority. Prior to releasing the vehicle, the owner shall obtain an order for release from the Mustang Police Department and pay to the city's designee all costs listed above. If the vehicle is impounded pursuant to any lawful authority, then those provisions shall apply in addition to the requirements of this section. If the vehicle is impounded pursuant to the provisions of subsections 114-566(4) through (10), then the owner of the vehicle, or anyone authorized by the owner of the vehicle, shall show proof of valid security verification, valid operator's license and valid vehicle tag registration before the police department will issue an order for release of the vehicle. If the owner fails to claim the vehicle within the time prescribed by law, then the city manager, or the city's designee, is directed to institute proceedings to have the vehicle sold under the applicable statutes of the State of Oklahoma.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any vehicle impounded under the authority granted herein shall be stored and held safely at the place of safekeeping designated by the city until a written order for its release, signed by an authorized officer of the city, has been issued.
(b)
The order for release shall be conditioned upon presentation of sufficient proof of ownership and/or interest in the impounded vehicles, proof of compliance with the compulsory insurance law unless the vehicle is lawfully towed from impound, and the payment of all impound costs and accrued storage charges against the vehicle.
(c)
For vehicles impounded under the authority of subsections 114-566(4) through (10), such order of release shall be conditioned upon the payment of an impound fee in the amount of $100.00 by the person to whom the release is issued. This impound fee shall be independent of any fines, costs or fees which may be assessed from citations issued to any person for violation of traffic laws or other ordinance violations involving the impounded vehicle and in addition to any fees owed to the towing service for the impoundment and storage. The chief of police is hereby authorized to adopt rules and regulations consistent with this chapter to implement this section.
(d)
There is hereby created within the police fund, a special account into which all impound fees shall be deposited from which expenditures may be used for dispatch, jail, records clerks, training, and enforcement of traffic safety in administration of this chapter.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Presentation of the order of release as provided in section 114-568 at the place of impoundment, together with payment or tender of payment of all impoundment costs and accrued storage charges due, shall entitle the person presenting such release to obtain possession of such vehicle.
(b)
Contest of impoundment; hearing.
(1)
Whenever any vehicle has been impounded in the manner provided for by this article, the registered or legal owner of the vehicle may contest the validity of the removal or storage by filing a written request for a hearing. The indication in the appropriate box on the form provided by the police department shall satisfy the written request requirement of this section.
(2)
The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the public agency shall not be required to conduct a hearing if the request is received more than ten days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within 72 hours of the request, excluding weekends and holidays.
(3)
The public agency may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vehicle. The hearing may, with the consent of the person requesting the hearing, be scheduled and conducted on the merits by telephone conference call.
(4)
The hearing officer shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If the removal and storage are deemed justified, the vehicle owner shall bear the cost of reasonable removal and storage. If deemed unjustified, the owner shall not be charged any fees or costs relating to the impoundment or storage of the vehicle. In either case, prior to the release of the vehicle to the owner or agent, information required under section 114-568 shall be furnished to the city. The hearing officer shall also be authorized to reduce the accrued fees and costs as determined appropriate based upon the facts.
(5)
Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirement of this section.
(Ord. No. 1102, § 6, 5-8-2014)
Except where a different punishment is prescribed, every person violating any of the provisions of this traffic code shall be guilty of an offense and, upon conviction thereof, shall be fined or punished as provided in section 1-8.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
There is established a traffic and transportation commission which shall serve as an advisory body to the city manager and shall have the duties and responsibilities as set forth in this section.
(b)
Membership of the traffic and transportation commission shall consist of the following:
(1)
Director of community development who shall also serve as director of traffic and transportation.
(2)
Chief of police.
(3)
City engineer.
(4)
Chairperson of the city planning commission or, at the option of such chairperson, some other member of the planning commission nominated by the chairperson and approved by the planning commission.
(5)
Member of the city council as elected by the councilmembers.
(6)
Representative of PSG or other company or department performing public works services for the city.
(c)
If any member cannot attend any meeting of the traffic and transportation commission, the city manager may approve a designate for the member not attending. Membership is determined by office, position or title. If any member ceases to hold the office or position constituting membership in the traffic and transportation commission, membership on the traffic and transportation commission shall automatically terminate. The members of the traffic and transportation commission shall elect a chairperson who shall call the meetings as deemed necessary or as requested by the city manager.
(d)
Duties and responsibilities of the traffic and transportation commission shall be as set forth in this Code and shall include, without limitation, the following:
(1)
Recommend speed limits.
(2)
Recommend locations of stop signs and other traffic control devices and indicators on city streets.
(3)
Conduct studies as necessary and appropriate with prior approval of the city manager and, as appropriate with regard to the expenditure of funds, with approval of the city council or the city improvement authority as required by law.
(4)
Perform other duties and responsibilities as set forth in this chapter, subject to the terms and conditions contained in this chapter.
(5)
Forward written recommendations, as approved by a majority of the members of the traffic and transportation commission, to the city manager who shall have final authority to approve or deny the recommendations. Upon final approval by the city manager, the traffic and transportation commission or the director, as applicable, shall have the authority to take action necessary to implement the recommendations, subject to the following exception: In those cases where implementation of the recommendations would require the expenditure of public funds, then the expenditure shall be approved by the city council or the city improvement authority as required by law.
(Ord. No. 698, § 1(10.10.010—10.10.030), 10-6-1998; Ord. No. 1073, § 1, 6-19-2012)
Police officers shall have authority to inspect and test any vehicle upon the streets of the city at any time to determine whether it is safe, whether it is properly equipped and/or whether its equipment is in proper adjustment and repair.
(Code 1977, § 10.68.180)
State Law reference— Inspections authorized, 47 O.S. § 852.
Except as otherwise stated in this chapter, decisions of the director made pursuant to the provisions of this chapter shall be consistent with ordinances, state law, public safety and the orderly flow of traffic.
The director of community development shall make such studies and surveys and gather such information concerning vehicular traffic as he deems necessary or as the commission may direct. Any estimates or computations used in such studies or surveys shall be prepared in accordance with applicable standards recommended by the National Association of State Highway Officials.
(Code 1977, § 10.20.040)
(a)
Upon the immediate approach of an authorized emergency vehicle responding to an emergency call, the driver of every 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)
While responding to an emergency call, the authorized emergency vehicle shall be equipped with and have in operation at least one lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and the driver shall give an audible signal by siren or bell.
(c)
This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Code 1977, § 10.80.010)
State Law reference— Operation of vehicle on approach of authorized emergency vehicle, 47 O.S. § 11-405.
No person shall drive any vehicle within or upon any sidewalk area, except at a permanent or temporary driveway.
(Code 1977, § 10.44.020)
No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise.
(Code 1977, § 10.44.050)
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 vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
(Code 1977, § 10.44.060)
(a)
Driving through prohibited. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while such procession is in motion and when such vehicles are conspicuously designated as required in subsection (c) of this section. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.
(b)
Drivers in a procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical, and shall follow the vehicle ahead as close as is practical and safe.
(c)
Identification. A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle such identifying insignia as may be determined and designated by the police department.
(Code 1977, §§ 10.64.010—10.64.030)
State Law reference— Authority to regulate processions, 47 O.S. § 15-102(a)(3).
No person shall drive any vehicle or animal in a manner which is calculated to endanger the rights, lives or property of others, or which is without due caution or circumspection, or which is at a careless, heedless or dangerous rate of speed.
(Code 1977, § 10.40.010)
State Law reference— Reckless driving, 47 O.S. § 11-901.
No person shall drive, use, operate, park, cause to be parked or stop any vehicle in:
(1)
A careless manner, which shall include, but not be limited to, excessive acceleration;
(2)
A negligent manner;
(3)
Such manner as to endanger or interfere with the lawful traffic or use of the street;
(4)
Such a manner as to endanger life, limb, person or property; or
(5)
Such a condition as to endanger or interfere with lawful traffic or use of the streets.
(Code 1977, § 10.40.011)
State Law reference— Reckless driving, 47 O.S. § 11-901.
While driving, the operator of every vehicle shall devote his full time and attention to such driving.
(Code 1977, § 10.40.030)
State Law reference— Reckless driving, 47 O.S. § 11-901.
(a)
It is unlawful for any person to drive, operate or be in actual physical control of a motor vehicle within the city who:
(1)
Has a blood or breath alcohol concentration of ten-hundredths or more at the time of a test of such person's blood or breath administered within two hours after the arrest of such person;
(2)
Is under the influence of alcohol;
(3)
Is under the influence of any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle;
(4)
Is under the combined influence of alcohol or any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle; or
(5)
Whose ability to operate such vehicle is impaired by alcohol to the extent that the public health and safety is threatened, or that the person so impaired has violated a state law or ordinance in operation of a motor vehicle.
(b)
The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance, or any other intoxicating substance, shall not constitute a defense against any charge of violating this section.
(c)
As used in this section, the term "other intoxicating substance" shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or which is absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.
(Code 1977, § 10.40.015)
State Law reference— Driving under influence of alcohol or drugs, 47 O.S. § 11-902.
Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, evidence of the alcohol concentration in the person's blood or breath as shown by analysis of such person's blood or breath performed in accordance with the provisions of 47 O.S. §§ 752, 759, is admissible. For the purpose of this section:
(1)
Evidence that there was, at the time of the test, an alcohol concentration of five-hundredths or less is prima facie evidence that the person was not under the influence of alcohol;
(2)
Evidence that there was, at the time of the test, an alcohol concentration in excess of five-hundredths but less than ten-hundredths is relevant evidence that the person's ability to operate such vehicle was impaired by alcohol. However, no person shall be convicted of the offense of operating or being in actual physical control of a motor vehicle while such person's ability to operate such vehicle was impaired by alcohol solely because there was, at the time of the test, an alcohol concentration in excess of five-hundredths but less than ten-hundredths in the person's blood or breath in the absence of additional evidence that such person's driving was affected by alcohol to the extent that the public health and safety was threatened or that such person had violated a state statute or ordinance in the operation of a motor vehicle;
(3)
Evidence that there was, at the time of the test, an alcohol concentration of ten-hundredths or more shall be admitted as prima facie evidence that the person was under the influence of alcohol;
(4)
The term "alcohol concentration" shall mean grams of alcohol per 100 milliliters of blood, if the blood was tested, or grams of alcohol per 210 liters of breath, if the breath was tested;
(5)
To be admissible, such evidence must first be qualified by establishing that such test was administered to the person within two hours after the arrest of such person.
(Code 1977, § 10.40.020)
State Law reference— Chemical tests for intoxication, 47 O.S. § 751 et seq.
(a)
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, in addition to all other rules consistent with this chapter, a vehicle shall be driven, as nearly as practical, entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and has signalled for a change of course.
(b)
Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course, as nearly as practical, and shall not weave in and out or turn from side to side unnecessarily. Vehicles shall move to the right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow-moving vehicles or making a proper approach for a turn, and only after the driver has first ascertained that such movement can be made safely and has signalled for a change of course.
(Code 1977, § 10.32.010)
State Law reference— Driving with traffic lanes, 47 O.S. § 11-309(1).
(a)
Upon all roadways of sufficient width, a vehicle shall be driven to the right of the center of the roadway, except as follow:
(1)
When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2)
When the right half of a roadway is closed to traffic while under construction or repair;
(3)
Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;
(4)
Upon a roadway designated and signposted for one-way traffic, all slow-moving vehicles shall be driven as closely as possible to the right curb of the street or roadway, except when overtaking and passing other vehicles as provided in this division. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the direction of such signs.
(b)
All vehicles shall keep to the right roadway on all streets or highways which are divided into two roadways.
(c)
At the intersection of streets or highways with a railroad right-of-way, all vehicles shall keep to the right of the center of the street or highway.
(Code 1977, § 10.32.020)
State Law reference— Driving on right side of roadway, 47 O.S. § 11-301.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having a width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the roadway, as nearly as possible.
(Code 1977, § 10.32.030)
State Law reference— Similar provisions, 47 O.S. § 11-302.
The director shall prepare and maintain a schedule of those locations designated as no-passing zones. The schedule shall be designated as "schedule XIV, no-passing zones." The original of schedule XIV shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.32.060)
(a)
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street or roadway until safely clear of the overtaken vehicle.
(b)
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(Code 1977, § 10.32.070)
State Law reference— Overtaking vehicle on left, 47 O.S. § 11-303.
(a)
No vehicle shall be driven to the left side of the center of the street or roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
(b)
No vehicle at any time shall be driven to the left side of the roadway under the following conditions:
(1)
When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed;
(2)
When approaching within 100 feet of any bridge, viaduct or tunnel, or when approaching within 50 feet of or traversing any intersection or railroad grade crossing.
(Code 1977, § 10.32.080)
State Law reference— Limitations on overtaking on left, 47 O.S. §§ 11-305, 11-306.
(a)
The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
(b)
The driver of a vehicle may overtake and pass another vehicle either upon the left or upon the right of a street or roadway with unobstructed pavement of sufficient width for four or more lanes of moving traffic when such movement can be made safely.
(c)
No person shall drive off the pavement or upon the shoulder of the street or roadway in overtaking or passing on the right, except in the event of an emergency.
(Code 1977, § 10.32.090)
State Law reference— Overtaking on right, 47 O.S. § 11-304.
The commission, within the limitations prescribed by this chapter, is authorized to determine those portions of any highway where overtaking and passing would be especially hazardous, and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof.
(Code 1977, § 10.32.050)
State Law reference— No passing zones, 47 O.S. § 11-307.
(a)
No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone between the hours of 8:00 a.m. and 4:00 p.m. on all days when school is in session.
(b)
Wherever a school zone is located on a multiple lane street which is divided into three or more clearly marked lanes for traffic, or where the right half of the roadway has been divided into two or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not involve a change of lane movement.
(Code 1977, § 10.32.100)
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space, or at a crossover or intersection established by public authority.
(Code 1977, § 10.32.040)
State Law reference— Driving on divided highway, 47 O.S. § 11-311.
(a)
The commission, or other authorities within their jurisdiction, may designate any road, street or highway, or any separate roadway under their jurisdiction, for one-way traffic, and shall erect appropriate signs giving notice thereof.
(b)
Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
(c)
A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(Code 1977, § 10.36.010)
State Law reference— One-way roadways and rotary traffic islands, 47 O.S. § 11-308.
The director shall prepare and maintain a schedule of those streets, alleys, or portions thereof, designated as "one-way streets." The schedule shall be designated as "schedule II, one-way streets." The original of schedule II shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.36.030)
State Law reference— Authority to designate one-way streets, 47 O.S. §§ 11-308(a), 15-102(a)(4); signs required, 47 O.S. § 15-102(c).
The director shall place and maintain signs giving notice of streets and alleys designated by law as one-way, and no regulation shall be effective unless the signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
(Code 1977, § 10.36.020)
State Law reference— Authority to designate one-way streets, 47 O.S. §§ 11-308(a), 15-102(a)(4); signs required, 47 O.S. § 15-102(c).
(a)
The director is authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall place and maintain appropriate signs, markings, barriers or other devices to give notice thereof. The director may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.
(b)
No person shall operate any vehicle in violation of markings, signs, barriers or other devices so placed in accordance with this section.
(Code 1977, § 10.36.040)
No person shall drive a vehicle onto or from any controlled access highway, except at entrances and exits established by public authority.
(Code 1977, § 10.44.040)
State Law reference— Similar provisions, 47 O.S. § 11-312.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(Code 1977, § 10.44.010)
State Law reference— Following too closely, 47 O.S. § 11-310.
No vehicle shall be driven at a greater speed than 25 miles per hour upon any street or highway within the city except:
(1)
Emergency vehicles being lawfully driven as provided in this chapter;
(2)
When a different speed limit is otherwise posted;
(3)
When there exists an established speed limit on a street which is incorporated into the city street system as a result of annexation, and has not been changed in accordance with the provisions of this division.
(Code 1977, § 10.20.010(A))
State Law reference— Authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
When, as a result of a traffic engineering survey, the commission determines that the movement of vehicular traffic upon the roadway, intersection or location so surveyed could be controlled with greater safety to life and property or with greater efficiency in the use of the roadway, intersection or location, if the speed limit were increased or reduced, the commission shall specify the speed limit in terms of miles per hour, and it shall become effective upon the placing of proper signs and markers giving notice thereof.
(Code 1977, § 10.20.050)
State Law reference— Local alteration of speed limits, 47 O.S. § 11-803.
The director shall prepare and maintain a schedule of those streets, or portions thereof, upon which a specific speed limit has been designated. The schedule shall reflect the speed limit so designated and the exact locations upon which it is applicable. The schedule shall be designated as "schedule XII, speed limits." The original of schedule XII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.20.060)
Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess of the maximum, nor slower than the minimum, except as required by an authorized officer or in obedience to posted official signs.
(Code 1977, § 10.20.090)
No vehicle shall be driven at a greater speed than 20 miles per hour between the hours of 8:00 a.m. and 4:00 p.m. in any designated school zone, unless a different speed limit is otherwise designated and posted.
(Code 1977, § 10.20.020)
State Law reference— School zone speed limits, 11 O.S. § 22-117(B); authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
No vehicle shall be driven at a greater speed than 20 miles per hour between the hours of 8:00 a.m. and 9:00 a.m.; 11:00 a.m. and 1:30 p.m.; and 2:30 p.m. and 4:00 p.m. in any designated school crossing not in a school zone, unless a different speed limit is otherwise designated and posted.
(Code 1977, § 10.20.030)
State Law reference— School zone speed limits, 11 O.S. § 22-117(B); authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration, among other things, the condition of the vehicle, roadway and weather, the amount of light or darkness, the amount of traffic, presence of pedestrians in or near the roadways, and the obstruction of view.
(Code 1977, § 10.20.070)
State Law reference— Similar provisions, 47 O.S. § 11-801(a).
No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic, except when the slow speed is unavoidable.
(Code 1977, § 10.20.080)
State Law reference— Similar provisions, 47 O.S. § 11-804.
(a)
When two vehicles enter or approach an uncontrolled 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 through highways as otherwise stated in this chapter.
(Code 1977, § 10.28.010)
State Law reference— Similar provisions, 47 O.S. § 11-401.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. After so yielding and having given a signal when and as required by this section, the driver may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
(Code 1977, § 10.28.020)
State Law reference— Similar provisions, 47 O.S. § 11-402.
The driver of a vehicle approaching a yield right-of-way sign shall slow to a reasonable speed for existing conditions or traffic and visibility, yielding the right-of-way to all vehicles on the intersecting street or highway which have entered the intersection or which are so close as to constitute an immediate hazard.
(Code 1977, § 10.28.030)
State Law reference— Vehicle entering stop or yield intersection, 47 O.S. § 11-403.
The director shall prepare and maintain a schedule of those streets, or portions thereof, designated as "through streets." The schedule shall be designated as "schedule I, through streets." The original schedule I shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.48.010)
State Law reference— Authority to designate through streets, 47 O.S. §§ 15-102(a)(6), 15-108; signs required, 47 O.S. § 15-102(c); stop signs and stop intersections, 47 O.S. § 11-703.
(a)
The director shall place and maintain a stop sign on every street intersecting a through street, or intersecting that portion thereof, described and designated as such by ordinance, unless traffic at such intersection is controlled at all times by traffic control signals.
(b)
At the intersection of two such through streets, or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the director upon the basis of an engineering and traffic study.
(Code 1977, § 10.48.020)
(a)
Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle shall stop as required by this chapter at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard.
(b)
If two or more vehicles face stop, slow, warning or caution signs or signals at an intersection and are approaching so as to enter the intersection at the same time, the following rules shall apply:
(1)
If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way.
(2)
If each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way.
(3)
If one vehicle is required to stop and the other to slow or take caution, the one slowing or taking caution shall have the right-of-way.
(4)
If one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way.
In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the intersection.
(Code 1977, § 10.28.040)
State Law reference— Vehicle entering stop or yield intersection, 47 O.S. § 11-403.
The driver of a vehicle about to enter, leave or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.
(Code 1977, § 10.28.050)
State Law reference— Similar provisions, 47 O.S. § 11-404.
Any vehicle attempting to reenter traffic while parked parallel with the curb shall yield the right-of-way to oncoming traffic in the street approaching from the rear. The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his intention of turning from the curb and into the line of traffic. The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists.
(Code 1977, § 10.28.060)
(a)
The commission is authorized to determine those street intersections at which drivers of vehicles:
(1)
Shall not make right or left turns;
(2)
May be permitted to make a U-turn on streets not equipped with divider strips; or
(3)
May be prohibited from making a U-turn at specific intersections on streets having divider strips.
(b)
The determinations of the commission shall specify each intersection or location affected, the particular restriction or relaxation of prohibition applicable thereto, and the hours of applicability.
(c)
The determinations of the commission shall be made on the basis of a competent traffic engineering survey and investigation.
(d)
Each intersection or location regulated under this chapter shall be plainly marked with signs indicating such regulations and the hours applicable, if any.
(Code 1977, § 10.24.020)
The director shall prepare and maintain a schedule of those locations where turns are restricted. The schedule shall reflect the turn location at which turning movements are restricted, the restrictions placed on such turning movements and the times, if any, when such restrictions are effective. The schedule shall be designated as "schedule XIII, restricted turns." The original of schedule XIII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.24.030)
The director is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The course to be traveled, as so indicated, may conform to or be other than as prescribed by law.
(Code 1977, § 10.24.010)
State Law reference— Authority to regulate turning, 47 O.S. §§ 11-601(4), 15-102(a)(9); signs, etc., required, 47 O.S. § 15-102(c).
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1)
Both the approach for a right turn and the execution of a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2)
For left turns from a two-way into a two-way street, the approach for a left turn shall be made in that portion of the right half of the street nearest the center thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center of the roadway being entered.
(3)
The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the street nearest to the center thereof and by passing to the right of such center where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center of the street being entered upon leaving the intersection.
(4)
If both streets or roadways are one-way, both the approach for a left turn and the execution of a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
(Code 1977, § 10.24.050)
State Law reference— Required position and method of turning at intersections, 47 O.S. § 11-601.
(a)
No person shall make a U-turn at the following locations:
(1)
Any place other than an intersection;
(2)
Intersections controlled by traffic control devices, unless such turns are specifically authorized;
(3)
Any other location when such turns are specifically prohibited.
(b)
No person shall make a U-turn, except in the following manner:
(1)
By approaching the intersection as closely as practical to the right curb or edge of the roadway, the driver giving and continuing to give a signal for a left turn until the turn is completed, proceeding to make the turn across the intersection;
(2)
In one continuous movement without stopping or backing the vehicle;
(3)
By yielding the right-of-way at all times to all vehicles until such turn is completed;
(4)
Without constituting a hazard to or interfering with any other vehicle.
(Code 1977, § 10.24.040)
State Law reference— Restrictions on turning so as to proceed in opposite direction, 47 O.S. § 11-602.
(a)
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 114-272, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in subsection (b) of this section.
(b)
A signal of intention to turn right or left, slow or stop, when required, shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning or stopping.
(Code 1977, § 10.24.060)
State Law reference— Turning movements and required signals, 47 O.S. § 11-604.
(a)
Any stop or turn signal, when required in this division, shall be given either by means of the hand and arm, by a signal lamp or by a mechanical device of a type approved by the state department of public safety, except as provided in subsection (b) of this section.
(b)
When the body of a vehicle or the load of any vehicle projects 24 inches or more to the left of the center of the steering wheel, or under any condition where a hand and arm signal would not be visible both to the front and rear of the vehicle, the vehicle shall be equipped with, and the required signal given by, signal lamps or devices.
(Code 1977, § 10.24.070)
State Law reference— Signals by hand and arm or signal lamps, 47 O.S. § 11-605.
All signals required in this division, given by hand and arm, shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
(1)
Left turn, hand and arm extended horizontally.
(2)
Right turn, hand and arm extended upward.
(3)
Stop or decrease speed, hand and arm extended downward with palm to the rear.
(Code 1977, § 10.24.080)
State Law reference— Method of giving hand and arm signals, 47 O.S. § 11-606.
Notwithstanding the provisions of this division, 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 caution upon observing any child or any confused or incapacitated person upon a roadway.
(Code 1977, § 10.88.090)
State Law reference— Similar provisions, 47 O.S. § 11-504.
Pedestrians shall be subject to traffic control signals as provided for in this chapter, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this division.
(Code 1977, § 10.88.010)
State Law reference— Pedestrians subject to traffic regulations, 47 O.S. § 11-501.
The director may at any time install pedestrian crosswalks at any street intersection. Such pedestrian crosswalks shall be plainly marked on the surface of the roadway, and protected by means of signs posted and maintained on the roadway approaching the crosswalk.
(Code 1977, § 10.16.060)
(a)
The driver of a vehicle shall yield the right-of-way when traffic control signals are not in place or not in operation to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b)
No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c)
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.
(Code 1977, § 10.88.020)
State Law reference— Similar provisions, 47 O.S. § 11-502.
Pedestrians, when crossing the street at a crosswalk, shall move, whenever practicable, upon the right half of the crosswalk.
(Code 1977, § 10.88.030)
State Law reference— Similar provisions, 47 O.S. § 11-505.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.
(Code 1977, § 10.88.040)
(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 upon the roadway.
(b)
Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c)
The rules in this section have no application when pedestrians are prohibited from crossing at designated places.
(Code 1977, § 10.88.050)
State Law reference— Pedestrians crossing at other than crosswalks, 47 O.S. § 11-503.
(a)
No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge, signal, gate or barrier after a bridge operation signal indication has been given.
(b)
No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(Code 1977, § 10.88.060)
State Law reference— Authority to require obedience to traffic control signals, 47 O.S. § 15-107.
(a)
No pedestrian shall walk along and upon an adjacent roadway where sidewalks are provided.
(b)
Pedestrians walking along and upon a highway where sidewalks are not provided shall, when practicable, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction.
(Code 1977, § 10.88.070)
State Law reference— Similar provisions, 47 O.S. § 11-506.
(a)
No person shall stand in a roadway for the purpose of soliciting a ride, donations, employment or business from the occupant of any vehicle.
(b)
No person shall stand in any street, roadway or park and stop and attempt to stop and engage any person in any vehicle for the purpose of soliciting contributions; or sell or attempt to sell anything to any person in any vehicle; or hand or attempt to hand to any person in any vehicle any circular, advertisement, handbill or any political campaign literature, or any sample, souvenir or gift; or in any other manner, while standing in the street or roadway, attempt to interfere with the normal flow of traffic for any other similar purpose.
(Code 1977, § 10.88.080)
State Law reference— Pedestrians soliciting rides or business, 47 O.S. § 11-507.
No person shall drive or operate any self-propelled or motor-driven cycle, known and commonly referred to as minibikes, trail bikes and other similar trade names, upon, over or across any city street, alley, park, parkway or any other public right-of-way or city owned land, except where permitted by signs posted by the appropriate authority. Minibikes used by regularly organized units of any Shrine Temple or any other similar organization shall be exempt from the provisions of this section while being used in any parade or other function of the organization.
(Code 1977, § 10.84.010)
(a)
No person upon roller skates, or riding in or by means of any coaster, scooter, toy wagon or similar device, shall go upon any roadway, except while crossing a street at a crosswalk, and when so crossing, such person shall be granted all rights and shall be subject to all duties applicable to pedestrians.
(b)
This section shall not apply upon any street while set aside as a play street when authorized by law.
(Code 1977, § 10.84.050; Ord. No. 1053, § 1, 10-19-2010)
Editor's note— Section 1 of Ord. No. 1053, Adopted Oct. 19, 2010, changed the title of § 114-352 from "Coasters, roller skates, wheelchairs and similar devices" to "Coasters, roller skates and similar devices."
State Law reference— 47 O.S. §11-501.1.
(a)
No driver of a two-wheel or three-wheel motor vehicle or bicycle shall carry any other person upon or within such vehicle on any street or highway, except as follows:
(1)
If any two-wheel or three-wheel motor vehicle with a wheel diameter of 12 inches or greater, or any bicycle, shall have either a double-seating device with double footrests or a sidecar attachment providing a separate seat space within such side car attachment for each person riding therein, so that such person shall be seated entirely within the body of the side car, then it shall be permissible for an operator who has attained the age of 16 or older to carry a passenger;
(2)
A demonstration ride by a licensed dealer or his employee is permissible.
(b)
No motorcycle, bicycle or motor scooter shall be ridden upon any city sidewalk.
(c)
Handlebars on bicycles, motorcycles and motor scooters shall not exceed 12 inches in height, measured from the crown or point of attachment.
(d)
No rider of a motorcycle, bicycle or motor scooter shall hold onto any moving vehicle for the purpose of being propelled.
(Code 1977, § 10.84.020)
State Law reference— Similar provisions, 47 O.S. § 40-103.
No person shall operate any motorcycle or any motor scooter at a speed greater than the speed limit legally posted. In no event, nor at any time, may an operator under the age of 16 years operate a motorcycle or motor scooter at a speed greater than 35 miles per hour.
(Code 1977, § 10.84.030)
State Law reference— Similar provisions, 47 O.S. § 40-104.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach such bicycle, coaster, roller skates, sled or toy vehicle, or himself, to any moving vehicle upon a roadway.
(Code 1977, § 10.84.040)
State Law reference— Similar provisions, 47 O.S. § 11-1203.
(a)
An electric personal assistive mobility device, as defined in subsection D of this section, shall not be operated on any highway, turnpike or city street with a speed limit greater than 25 miles per hour.
(b)
An electric personal assistive mobility device may be operated upon the sidewalks, walking trails, bikeways, and municipal streets where the speed limit is not greater than 25 miles per hour.
(c)
A person operating an electric personal assistive mobility device shall:
(1)
Not be required to have an Oklahoma driver license to operate the device.
(2)
Obey all speed limits.
(3)
Yield the right-of-way to pedestrians and human powered devices at all times.
(4)
Give an audible signal before overtaking and passing any pedestrian.
(5)
Wear or equip the electric personal assistive mobility device with reflectors and a headlight when operating at night.
(d)
An "electric personal assistive mobility device" is defined as a self-balancing, two nontandem-wheeled device, designed to transport only one person, having an electric propulsion system with an average of 750 watts (1 h.p.), and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such a propulsion system while ridden by an operator who weighs 170 pounds.
(e)
Electric personal mobility devices are not required to be registered pursuant to the Oklahoma Vehicle License and Registration Act.
(f)
Failure to comply with any requirement set forth in this section shall result in a warning for the first offense, a fine of $10.00 for the second offense, and impoundment of the electric personal assistive mobility device for up to 30 days for subsequent offenses. Each act of noncompliance shall be considered a separate offense.
(Ord. No. 866, § 1, 10-7-2003)
Whenever the driver of a vehicle approaches a railroad grade crossing in the city, the driver of such vehicle shall bring such vehicle to a stop not less than 15 feet from the nearest rail of such railroad track, and while so stopped, shall both look and listen in both directions along such track for approaching railway traffic, and shall not proceed until he can do so safely. The requirements of this section shall apply when:
(1)
A train approaching within approximately 1,500 feet of the grade crossing emits a signal audible from such distance and such train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
(2)
An approaching train is plainly visible and is in hazardous proximity to such crossing; or
(3)
A stop sign has been erected at any such crossing.
(Code 1977, § 10.48.060)
State Law reference— Obedience to signal indicating approach of train, 47 O.S. § 11-701.
Every driver of a vehicle approaching a stop sign, or near the entrance to any intersection, shall stop before entering the crosswalk on the near side of the intersection. If no crosswalk exists, he shall stop at a clearly marked stop line, but 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 intersection, except where directed to proceed by a police officer or traffic control signal.
(Code 1977, § 10.52.400)
State Law reference— Stop signs, 47 O.S. § 11-703.
The director is authorized to determine and designate intersections upon other than through streets where particular hazards exist, and to determine whether vehicles shall stop at one or more entrances to any such stop intersection.
(Code 1977, § 10.48.030)
State Law reference— Authority to designate stop intersections, 47 O.S. § 15-108; stop signs and stop intersections, 47 O.S. § 11-703.
There is authorized the erection and maintenance of stop signs at each of the following railroad grade crossings in the city:
(1)
West side of County Line Road.
(2)
East and west side of Morgan Road.
(3)
East and west side of Sara Road.
(4)
East and west side of Mustang Road.
(5)
East and west side of Czech Hall Road.
(6)
North side of Southwest 89th Street and Czech Hall Road.
(Code 1977, § 10.48.070)
State Law reference— Authority to designate stop intersections, 47 O.S. § 15-108; stop signs and stop intersections, 47 O.S. § 11-703.
The driver of a vehicle within a business or residential district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving on the sidewalk area extending across any alleyway. The driver shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
(Code 1977, § 10.48.050)
State Law reference— Similar provisions, 47 O.S. § 11-704.
(a)
The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge schoolchildren, and on which the red loading signals are in operation, is to stop his vehicle before it reaches the school bus, and not proceed until the loading signals on the school bus are deactivated, and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such schoolchildren and other occupants.
(b)
Occupants of the school bus shall have the right-of-way when crossing the roadway, immediately upon leaving the school bus.
(c)
The provisions of subsections (a) and (b) of this section shall be applicable only if the school bus is painted yellow and bears upon the front and rear of such school bus a plainly visible sign containing the words "SCHOOL BUS" in letters not less than eight inches in height, which can be removed or covered when the vehicle is not in use as a school bus. The school bus shall be equipped with four red alternately flashing warning signal lights, two of which shall be located high on the front and two high on the rear of the vehicle. The lights shall be a minimum of four inches in diameter and shall be widely separated.
(Code 1977, §§ 10.76.010, 10.76.020)
State Law reference— Meeting or overtaking stopped school bus, 47 O.S. § 11-705.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sundays and holidays mean the following days and dates only: Each Sunday; New Year's Day on January 1; Memorial Day on May 30; Independence Day on July 4; Labor Day on the first Monday in September; Thanksgiving Day on the fourth Tuesday in November; Christmas on December 25; and if any such holiday other than Sunday at any time falls on Sunday, the succeeding Monday shall be a holiday in that year.
(Code 1977, § 10.52.010)
Cross reference— Definitions generally, § 1-2.
The provisions of this division shall not be applicable when it is necessary for a vehicle to stop to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device.
(Code 1977, § 10.52.080)
The provisions of this division imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code 1977, § 10.52.090)
All parking limit regulations, unless otherwise specifically provided in this division, shall be in force and effect between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and holidays. The provisions of this division regulating vehicular parking upon the streets shall have no application on Sundays and holidays unless the particular regulation specifically provides that it shall apply at all times.
(Code 1977, § 10.52.020)
Any vehicle in violation of any regulation contained in this division governing, limiting or prohibiting the parking or standing of a vehicle on any street or public thoroughfare is declared to constitute a public nuisance, and each separate traffic citation issued as authorized in this division for such violation shall constitute a separate notice thereof to the owner or operator of such vehicle.
(Code 1977, § 10.52.070)
The director shall erect appropriate signs giving notice of any parking time limits or parking regulations imposed by law. No such regulations shall be effective unless the signs are erected and in place at the time of any alleged offense.
(Code 1977, § 10.52.100)
The director shall prepare and maintain a schedule of those locations prohibiting parking. The schedule shall reflect the hours, time limit or other conditions under which parking is prohibited or restricted. The schedule shall be designated as "schedule VI, prohibited parking." The original of schedule VI shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.150)
The director shall prepare and maintain a schedule of those locations which have been designated for "angle parking." The schedule shall be designated as "schedule VIII, angle parking." The original of schedule VIII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.040)
(a)
Designation of any street or portion thereof for parking vehicles at an angle to the curbing shall, when established, be supported by a traffic engineering survey of such location prepared by the director and approved by the commission, and no such designation may become effective except by ordinance duly passed by the city council.
(b)
No person shall park or stand a vehicle upon those streets or setback locations which have been signed or marked by the director for angle parking, other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(c)
The director shall determine whether angle or parallel parking shall be permitted in any setback area authorized and constructed in conformity to this Code relating thereto. If angle parking is permitted, the director shall initially establish the authorized angle of parking in such setback area according to the standards set forth in this chapter.
(d)
Commercial vehicles shall be permitted to park on any street or highway at an angle with the curb for the purpose of loading or unloading merchandise only when such angle parking does not interfere with the normal flow of vehicular traffic on the street or highway.
(e)
Upon the establishment of the authorized angle, the owner or the occupant of the property abutting any such parking location shall paint, or cause to be painted, parking lines six inches in width at the established angle which shall indicate parking stalls. Such stalls shall have a minimum width of 8½ feet measured on a line perpendicular to the established parking angle from the center of one stripe to the center of the next. The owner or occupant of the property abutting any such parking location shall paint the stall stripes at least three times per year.
(f)
If the owner or the occupant fails to paint or maintain stall stripes, or upon the request of the owner or occupants of the property abutting such parking location, the director shall paint or cause to be painted such stall stripes for the sum established in section 42-114, per stall, per year, to be paid in full at the time of the first painting.
(g)
At all setback locations where angle parking is permitted, a sidewalk of the minimum width of five feet shall be maintained.
(Code 1977, §§ 10.52.030, 10.52.050, 10.52.060, 10.52.350)
State Law reference— Angle parking, 47 O.S. § 11-1004.
The city council shall designate and reserve by ordinance such street locations as may be deemed necessary for the use of public employees for parking government vehicles engaged in official business. When signs are erected at such location giving notice thereof, no other vehicle shall be parked therein.
(Code 1977, § 10.52.110)
The director shall prepare and maintain a schedule of locations designated for "parking of official government vehicles." The schedule shall be designated as "schedule X, official parking." The original of schedule X shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.120)
(a)
The driver of any vehicle intending to occupy a parallel parking space where a backing movement is necessary, and which is being vacated by another vehicle, shall stop his vehicle to the rear of the parking space until the vacating vehicle has cleared and entered normal traffic. He then is deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein.
(b)
The first of two or more vehicles to reach the rear boundary of an unoccupied parallel parking space where a backing movement is necessary to occupy such parking space, is deemed to have the right-of-way to such parking space.
(Code 1977, § 10.52.340)
(a)
The director is authorized to determine and regulate by proper signs the stopping, standing or parking of vehicles when such stopping, standing or parking would create an especially hazardous condition or would cause unusual delay to traffic.
(b)
When official signs are erected at hazardous or congested places, as authorized in subsection (a) of this section, no person shall violate such signs.
(Code 1977, § 10.52.130)
(a)
No person shall stop, stand or park a vehicle, except in emergencies or 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:
(1)
On a sidewalk;
(2)
In front of a public or private driveway;
(3)
Within an intersection;
(4)
Within 15 feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 20 feet of a crosswalk at an intersection;
(7)
Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;
(8)
Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the director has indicated a different length by signs or markings;
(9)
Within 50 feet of the nearest rail of a railroad crossing;
(10)
Within 20 feet of a driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance, when properly signposted;
(11)
Alongside or opposite any street excavation or construction when stopping, standing or parking would obstruct traffic;
(12)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13)
Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(14)
At any place where official signs prohibit stopping;
(15)
On any street parking-planting strip or center median.
(b)
No person shall move a vehicle not lawfully under his control into any such prohibited area or an unlawful distance away from a curb.
(Code 1977, § 10.52.140)
State Law reference— Stopping, standing and parking prohibited in specified places, 47 O.S. § 11-1003.
It is unlawful for any person to place or park a motor vehicle in any parking space that is designated and posted as a reserved area for parking of motor vehicles of a physically disabled person unless such vehicle is eligible for a detachable insignia or reflective insignia of a physically disabled person, and such insignia is displayed as provided in accordance with state law or regulations adopted pursuant thereto. The provisions of this section shall apply to any such designated and posted reserved area on public property or private property accessible to the public and where the public is invited.
(Code 1977, § 10.52.141)
State Law reference— Placing or parking vehicle in parking space designated and posted for physically disabled persons, 47 O.S. § 11-1007.
(a)
If a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, such person shall stand or park a vehicle upon the left-hand side of the one-way roadway unless signs are erected to permit such standing or parking.
(b)
The director is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway, and to erect signs giving notice thereof.
(Code 1977, § 10.52.160)
The director is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no person shall stand or park a vehicle in violation of any such signs.
(Code 1977, § 10.52.170)
State Law reference— Parking on left side of roadway, 47 O.S. § 11-1004.
The director is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
(Code 1977, § 10.52.180)
The parking of vehicles at the curb where streets intersect shall be prohibited 15 feet in advance of the crosswalk on the near side of such intersections.
(Code 1977, § 10.52.190)
No person shall park a vehicle within an alley, except for the purpose of, and while actually engaged in, loading and unloading merchandise.
(Code 1977, § 10.52.200)
No person shall park a vehicle on any street in any business district for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day, except physicians on emergency calls.
(Code 1977, § 10.52.250)
No commercial vehicle shall be parked on any street within the business loop between the hours of 4:30 p.m. and 6:00 p.m. Monday through Friday, except in the case of an emergency.
(Code 1977, § 10.52.260)
No vehicle in excess of seven feet in width or 24 feet in length shall be parked on any street outside of the business loop between the hours of 8:00 p.m. and 4:00 a.m., except in case of an emergency, and for the necessary time to load and unload.
(Code 1977, § 10.52.270)
(a)
No vehicle shall be permitted to double park or double stop under the conditions set out in this section:
(1)
Within 50 feet of an intersection, except alley intersections, or within ten feet of an alley intersection;
(2)
Opposite a double parked or double stopped vehicle across the street;
(3)
When such double parking or double stopping would or does block or interfere materially with the normal movement of traffic;
(4)
When parking space adjacent to the curb is available;
(5)
When directed by a police officer to move on.
(b)
Vehicles not used ordinarily for the transportation of merchandise may double stop for the purpose of, but only while actually engaged in, the expeditious loading or unloading of passengers, subject, however, to all the general conditions set out in this section.
(c)
Vehicles used ordinarily for the transportation of merchandise may double park for the purpose of, but only while actually engaged in, the expeditious loading or unloading of merchandise, subject, however, to all the general conditions set out in this section. No such vehicle shall be double parked longer than ten minutes.
(Code 1977, § 10.52.280)
(a)
The director is authorized to erect signs indicating "no parking" upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet.
(b)
No person shall park a vehicle upon any street in violation of any such sign so erected.
(Code 1977, § 10.52.290)
No person shall park a vehicle upon any street or municipally owned property for the purpose of:
(1)
Displaying such vehicle for sale;
(2)
Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.
(Code 1977, § 10.52.300)
No person shall stand or park a vehicle in a roadway, other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within 18 inches of the curb or edge of the roadway, except as otherwise provided in this chapter.
(Code 1977, § 10.52.310)
State Law reference— Similar provisions, 47 O.S. § 11-1004(a).
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited from parking on any streets within the city limits with the following exceptions:
(1)
Designated truck routes;
(2)
Commercial and industrial areas;
(3)
For the explicit purpose of loading and unloading;
(4)
In those zoning districts where such activities are permitted.
(Code 1977, § 10.52.450)
No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.
(Code 1977, § 10.52.320)
No person shall park, cause to be parked, stop or leave unattended any vehicle as follows:
(1)
In a careless or negligent manner;
(2)
In such a manner as to endanger life, limb, person or property; or
(3)
In such a manner as to endanger or interfere with the lawful traffic or use of the streets.
(Code 1977, § 10.52.330)
(a)
Whenever any motor vehicle without a driver is found in violation of any ordinance or regulation governing the standing or parking of a vehicle, and the operator is not present, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its operator, and shall conspicuously affix a citation to the vehicle at a place reasonably likely to come to the notice of the operator.
(b)
The citation shall contain a date, time and specified location for the operator to appear and answer to the charge against him. The officer shall also deliver copies of the citation to the municipal court.
(c)
The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally.
(Ord. No. 1028, § 1, 10-6-2009)
(a)
In any prosecution charging a violation of any ordinance, law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, law or regulation, together with proof that the defendant named in the complaint was, at the time of such parking or standing, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
(b)
The foregoing stated presumption shall apply only when the procedure as prescribed in section 114-416, has been followed.
(Ord. No. 1028, § 2, 10-6-2009)
(a)
If a violator of the restrictions on standing or parking a vehicle does not respond in obedience to a traffic citation affixed to the vehicle, on or before the appearance date given in the citation, the citation shall be deemed to be delinquent.
(b)
The municipal court clerk, after a citation has been deemed to be delinquent, shall send to the registered owner of the motor vehicle to which the traffic citation was affixed a summons to appear in court to answer for the delinquent citation.
(c)
In the event any person fails to comply with a traffic citation attached to a vehicle and fails to make an appearance pursuant to a summons directing their appearance in the municipal court of this city, the judge of such court may cause to be issued a warrant for their arrest.
(Ord. No. 1028, § 3, 10-6-2009)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial loading zone means all curb loading zones authorized and regularly used exclusively for the loading and unloading of merchandise for storage, trade, shipment or resale.
Passenger loading zone means all loading zones authorized and used regularly and exclusively for the loading and unloading of passengers, except bus stops, taxicab stands and stands for other passenger common carrier vehicles.
(Code 1977, § 10.60.010)
Cross reference— Definitions generally, § 1-2.
The director is authorized and required to approve the establishment of all loading zones on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such loading zone shall be designated by appropriate signs.
(Code 1977, § 10.60.070)
The director shall prepare and maintain a schedule of those locations designated as "loading zones." The schedule shall reflect any time limitations or other conditions placed on the loading zones. The schedule shall be designated as "schedule XV, loading zones." The original of schedule XV shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.60.110)
(a)
The commission is authorized to determine the location of passenger and commercial curb loading zones, and shall cause the director to place and maintain appropriate signs indicating the zones and stating the times during which the provisions of this section are applicable.
(b)
No person shall stand or park a vehicle in violation of such signs.
(Code 1977, § 10.60.020)
The director is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading and unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle.
(Code 1977, § 10.60.030)
No curb loading zone authorized and established as a passenger loading zone shall be used as a commercial loading zone, and no commercial loading zone shall be used as a passenger loading zone, except as may be specifically provided by law.
(Code 1977, § 10.60.040)
No person shall stop, stand or park a vehicle in a passenger curb loading zone for any purpose or period of time other than for the expeditious loading or unloading of passengers, during the hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three minutes.
(Code 1977, § 10.60.050)
No person shall stop, stand or park a vehicle in a commercial curb loading zone for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. Vehicles using any commercial loading zone shall be subject to the licensing requirements and regulations provided by this chapter.
(Code 1977, § 10.60.060)
(a)
The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided in this division.
(b)
The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone, except in case of an emergency.
(c)
The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
(d)
The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
(Code 1977, § 10.60.080)
No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and the appropriate signs are in place. The driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.
(Code 1977, § 10.60.090)
(a)
The driver of a vehicle shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic; provided, however, that no vehicle shall be backed into an intersection.
(b)
No vehicle shall be backed upon any street or highway, except for the purpose of entering or leaving a parked position, and then only after the driver of the vehicle has ascertained that such movement can be made without endangering other traffic.
(Code 1977, § 10.44.030)
State Law reference— Limitations on backing, 47 O.S. § 11-1102.
The driver of any vehicle, other than on official business, shall not follow closer than 500 feet, any fire apparatus traveling in response to a fire alarm, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(Code 1977, § 10.80.020)
State Law reference— Similar provisions, 47 O.S. § 11-1108.
No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the fire department official in command.
(Code 1977, § 10.44.070)
State Law reference— Similar provisions, 47 O.S. § 11-1109.
No person in any automobile, taxicab, bus or truck, when such vehicle is parked, double parked or stopped, shall open any side door on the vehicle unless he first ascertains if any bicycle or motor vehicle is approaching from the rear within such a distance as will render hazardous the opening of the door.
(Code 1977, § 10.52.370)
State Law reference— Opening and closing vehicle doors, 47 O.S. § 11-1105.
Editor's note— Ord. No. 923, § 1, adopted Oct. 5, 2004, repealed § 114-455, which pertained to the removal of ignition keys in unattended motor vehicles and derived from the Code of 1977, § 10.52.380.
(a)
Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets or highways of the city, shall provide for the protection of such child by properly using a child passenger restraint system. For purposes of this section, the term "child passenger restraint system" means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R., Section 571.213.
(b)
Children at least six years of age but younger than 13 years of age shall be protected by use of a child passenger restraint system or a seat belt.
(c)
The provisions of this section shall not apply to:
(1)
The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;
(2)
The driver of an ambulance or emergency vehicle;
(3)
The driver of a vehicle in which all of the seat belts are in use;
(4)
The transportation of children who for medical reasons are unable to be placed in such devices; or
(5)
The transportation of a child who weighs more than 40 pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than 40 pounds. Provided, however, for purposes of this paragraph, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this paragraph if at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than 40 pounds.
(d)
A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section, and may issue a citation for violation or give an oral warning to the driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle.
(e)
Any person convicted of violating subsection (a) or (b) of this section shall be punished by a fine of $50.00 and shall pay all court costs thereof. This fine shall be suspended and the court costs limited to a maximum of $15.00 in the case of the first offense upon proof of purchase or acquisition by loan or gift of a child passenger restraint system.
(Code 1977, § 10.96.050; Ord. No. 951, § 1, 12-6-2005)
State Law reference— Child passenger restraints, 47 O.S. § 11-1112.
(a)
Every operator and front seat passenger of a passenger car operated in this state shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle safety standard 208. For the purposes of this section, the term "passenger car" shall mean a vehicle as defined in 47 O.S. § 1102, except that the term "passenger car" shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to the provisions of 47 O.S. § 1134.
(b)
The term "vehicle," as defined in 47 O.S. § 1102, means any type of conveyance or device in, upon or by which a person or property is or may be transported from one location to another upon the avenues of public access within the state. The term "vehicle" does not include bicycles, trailers, except travel trailers and rental trailers, or implements of "husbandry" as defined in 47 O.S. § 1-125.
(c)
This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in the state that he is unable to wear a safety seat belt system for medical reasons, provided, the issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever, in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service.
(d)
Fine and court costs for violating this section may be assessed in an amount not to exceed $20.00.
(Code 1977, §§ 10.96.010—10.96.040; Ord. No. 678, § 1, 11-18-1997)
State Law reference— Seat belts, 47 O.S. § 12-416 et seq.
(a)
A vehicle parked upon a street or highway outside of a business or residential district during the hours between one-half hour after sunset and one-half hour before sunrise shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of 500 feet to the front of the vehicle and a red light visible from a distance of 500 feet to the rear of such vehicle.
(b)
Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
(Code 1977, § 10.52.390)
State Law reference— Lamps on parked vehicles, 47 O.S. § 12-214.
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited to load or unload between the hours of 10:00 p.m. and 4:00 a.m. within the city limits with the following exceptions:
(1)
Designated truck routes;
(2)
Commercial and industrial zones.
(Code 1977, § 10.52.420)
Vehicles carrying explosives or flammable materials are prohibited from parking within the city limits with the following exceptions:
(1)
For the explicit purpose of loading or unloading;
(2)
In those zoning districts where such activities are permitted.
(Code 1977, § 10.52.430)
Vehicles carrying explosives or flammable materials shall be prohibited from loading or unloading between the hours of 9:00 p.m. and 5:00 a.m. within the city limits, except in those zoning districts where such activities are permitted.
(Code 1977, § 10.52.440)
(a)
Every motor vehicle, other than a motorcycle, operated upon any highway or street shall be equipped with brakes adequate to control the movement of such vehicle, to stop and to hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b)
On all motor vehicles, except those covered by subsection (e) of this section, equipped with four wheel brakes, the service brake shall be capable of stopping the motor vehicle from a speed of 20 miles per hour within a distance of 25 feet.
(c)
All motor vehicles, except those covered by subsection (e) of this section, equipped with only two wheel brakes, shall have the service brakes so adjusted as to stop the vehicle from a speed of 20 miles per hour within a distance of 37½ feet.
(d)
Braking effort on front wheels shall not be less than two-thirds of the braking effort on rear wheels, except in cases where factory specifications call for a greater braking power ratio. In that event, not more than 15 percent variation from factory specifications will be permitted. Braking effort on one front wheel or one rear wheel shall not be less than four-fifths of the braking effort of the opposite front wheel or rear wheel.
(e)
Buses, trucks, truck-tractors and every combination of motor vehicles shall be equipped with brakes upon one or more of the vehicles, adequate to stop and to hold the vehicles or combination of motor vehicles. Every motor vehicle, or combination of motor vehicles, according to its type, and exceeding 7,000 pounds gross vehicle weight, shall be capable of stopping within the following distances at all times and under all conditions of loading:
(1)
Where equipped with brakes on all wheels the stopping distance shall be 30 feet at a speed of 20 miles per hour;
(2)
Where not equipped with brakes on all wheels, the stopping distance shall be 45 feet at a speed of 20 miles per hour. Total braking effort on front wheels shall be not less than one-third of the total of the rear wheels. Variations from side to side shall be the same as provided in subsection (d) of this section.
(f)
All tests shall be applied on dry, hard, smooth, level pavement, free from loose material.
(g)
The pedal on the brakes shall have at least one inch clearance from the floorboard of the vehicle upon the first application of the pedal.
(Code 1977, § 10.68.030)
State Law reference— Brakes, 47 O.S. § 12-301 et seq.
(a)
Every motor vehicle, other than a motorcycle, operated upon any street or highway shall be equipped with a power-operated device in good working condition for cleaning rain, snow or any other moisture from the windshield of the vehicle. The device shall be so constructed as to be controlled and/or operated by the operator of the vehicle.
(b)
Windshields and windows of vehicles shall be in good condition and kept clean to such a degree that the vision of the driver or occupants of such vehicles shall not be hindered or impaired.
(c)
No vehicle constructed or enclosed in such a manner as to prevent the driver from having a clear view of the highway ahead and approaches to the side shall be driven on a highway.
(Code 1977, § 10.68.050)
State Law reference— Windshields and windshield wipers, 47 O.S. § 12-401.
(a)
No person shall operate a motor vehicle on city streets, roads, alleys or state highways within the city when the percentage of tint on the front windshield, the side windows to the immediate right or left of the driver, the side wings forward of and to the left and right of the driver, exceeds the 30 percent tint available as a factory option.
(b)
The provisions of this section shall not apply to implements of husbandry, which are defined as follows:
(1)
Every vehicle designed and adopted exclusively for agricultural, horticultural or livestock-raising operations, or for lifting or carrying an implement of husbandry, and in either case, not subject to registration if used upon the highways.
(2)
Farm wagon type tank trailers of not over 1,200 gallons' capacity, used during the liquid fertilizer season as field storage nurse tanks, supplying the fertilizer to a field applicator and moved on a highway only for bringing the fertilizer from a local source of supply to farms or fields, or from one farm or field to another, shall be considered implements of husbandry for purposes of this division.
(3)
Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market, or for the purpose of transporting to the farm material or things to be used thereon, shall also be considered implements of husbandry for purposes of this division.
(c)
This section does not apply to persons holding an exemption to the requirements of 47 O.S. § 12-421 issued or authorized by the state department of public safety, as provided in 47 O.S. § 12-421.B, which states as follows: On application from a person required for medical reasons to be shielded from the direct rays of the sun, supported by written attestation of that fact from a licensed physician, the department of public safety may issue an exemption from the requirements of this section for a motor vehicle belonging to the person or in which the person is a habitual passenger.
(Code 1977, §§ 10.98.010, 10.98.020)
State Law reference— Restrictions on use of glass coating materials or sun screening devices on windshields and windows, 47 O.S. § 12-422.
Every motor vehicle operated upon any street or highway shall be equipped with a mirror so located as to reflect to the driver a view of the highway to the rear of the vehicle. The mirror shall be kept clean at all times.
(Code 1977, § 10.68.060)
State Law reference— Mirrors, 47 O.S. § 12-403.
Every motor vehicle operated upon any street or highway shall be provided with a warning device which shall produce an abrupt sound sufficiently loud to serve as an adequate warning of danger.
(Code 1977, § 10.68.070)
State Law reference— Horns and warning devices, 47 O.S. § 12-401.
No vehicle which is equipped with pneumatic tires shall be driven, transported or hauled over any street or highway on the metal rim or wheel, or when the tire is flat or uninflated. No vehicle equipped with solid rubber tires shall be driven or transported over any street or highway when the wearing or driving surface of such tires is not full, smooth and round, or when any part of the wearing surface is broken out or removed.
(Code 1977, § 10.68.070)
State Law reference— Tires, 47 O.S. § 12-405.
(a)
No vehicle, other than an authorized emergency vehicle, shall be driven over any street or highway with any attachment affixed in any manner to the exhaust pipe of the vehicle that is or may be used as a signal, siren or horn.
(b)
No person shall drive any motor vehicle, including motor scooters, motorcycles and trucks, over any street or highway with the exhaust pipe of such vehicle open or leaking, or permit any exhaust from the engine to escape, other than through and from a muffler duly maintained on all motor vehicles in good working order to prohibit unnecessary noise.
(c)
No person shall modify the exhaust system of a motor vehicle, including motor scooters, motorcycles and trucks, in a manner which will amplify or increase the noise emitted from such exhaust system to a louder level than that emitted by the muffler originally installed on the vehicle.
(Code 1977, § 10.68.090)
State Law reference— Mufflers and prevention of noise, 47 O.S. § 12-402.
No vehicle shall be equipped with a bell, except fire apparatus, police cars and emergency cars belonging to the city. No vehicle belonging to the city shall be equipped with a siren, except upon written order of the city manager.
(Code 1977, § 10.68.100)
State Law reference— Horns and warning devices, 47 O.S. § 12-401.
(a)
Every trailer, semitrailer or house trailer shall be equipped with a coupling device which shall be so designed and constructed that the trailer, semitrailer or house trailer will follow substantially in the path of the vehicle drawing it without whipping or swerving from side to side.
(b)
Every trailer, semitrailer or house trailer, except a semitrailer drawn by a truck-tractor, shall be coupled with stay chains or cables to the vehicle by which it is being drawn. The chains or cables shall be of sufficient size and strength to prevent parting from the drawing vehicle should the regular coupling device break or become otherwise disengaged.
(Code 1977, § 10.68.150)
State Law reference— Trailer coupling device, 47 O.S. § 12-405(F).
No person shall operate upon any street or highway any vehicle which is loaded with material extending more than two feet in any direction from the body of the vehicle, unless there is attached to the material a red flag by day and a red or ruby light by night at the extreme end of the extended material.
(Code 1977, § 10.68.140)
State Law reference— Lamp on flag on projecting load, 47 O.S. § 12-213.
In addition to all other requirements, motorcycles and motor scooters shall be equipped with the following:
(1)
Two mirrors containing a reflection surface of not less than three inches in diameter, mounted one on each side of the vehicle and positioned so as to enable the operator of the vehicle to view clearly the roadway for a distance of 200 feet to the rear of such vehicle;
(2)
A windshield of sufficient quality, size and thickness to protect the operator from foreign objects. In lieu of such windshield, the operator shall wear goggles or a face shield of material and design to protect him from foreign objects;
(3)
Brakes adequate to control the movement of the vehicle, to stop and hold the vehicle, including two separate means of applying the brakes. One means shall be effective to apply the brakes to the front wheel and one means shall be effective to apply the brakes to the rear wheels;
(4)
A properly operating speedometer capable of registering at least 35 miles per hour;
(5)
A fender over each wheel. All fenders shall be of the type provided by the manufacturer;
(6)
At least one lighted headlamp capable of showing a white light visible at least 300 feet in the direction in which the vehicle is proceeding, and one taillamp mounted on the rear which, when lighted, shall emit a red light plainly visible from at least 300 feet to the rear of such vehicle. The lights shall be burning whenever the vehicle is in motion during the period from one-half hour after sunset to one-half hour before sunrise, and at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernible at a distance of at least 500 feet ahead of such vehicle;
(7)
No person under 18 years of age shall operate or ride upon any motorcycle or motor scooter unless such person is equipped with and wearing on his head a crash helmet of a type which complies with standards established by the department of public safety. All crash helmets shall consist of lining, padding and chin strips, and be of the type as not to distort the view of the driver.
(Code 1977, §§ 10.68.160, 10.68.170)
State Law reference— Required equipment for motorcycles and motor scooters, 47 O.S. § 40-105.
(a)
It shall be unlawful for any person to operate any motor vehicle with a dynamic braking device engaged within the city limits of Mustang, Oklahoma, except for the purpose of avoiding imminent danger or in case of wheel brake failure.
(b)
For purposes of this section a dynamic braking device (commonly referred to as jake brakes, jacobs brake, engine brake, or compression brake) means a device on a motor vehicle, primarily on trucks, for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
(c)
The provisions of this section shall not apply to authorized emergency vehicles.
(Ord. No. 870, § 1, 10-21-2003)
(a)
All vehicles driven on any street or highway, except motorcycles and bicycles, shall carry two lighted headlamps with a minimum candlepower for each headlamp of 21, one lighted lamp in the rear showing a red light, and a white light on the registration number plate of the vehicle so that it may be clearly read at a distance of 50 feet. Such vehicles shall also be equipped with stoplights having attached thereto red reflectors.
(b)
All lights shall be kept burning during the period from one-half hour after sunset to one-half hour before sunrise when such vehicles are in motion on the highway.
(Code 1977, § 10.68.010)
State Law reference— When lighted lamps are required, 47 O.S. § 12-201; headlamps on motor vehicles, 47 O.S. § 12-203; taillamps, 47 O.S. § 12-204; reflectors, 47 O.S. § 12-205.
(a)
No vehicle equipped with glaring, blinding or dazzling lights shall be operated or driven over any street or highway. Any light which, when thrown or reflected into the eyes of pedestrians or drivers, is of sufficient intensity or degree as to hinder or impair the ordinary vision of such pedestrian or driver shall be deemed glaring, blinding or dazzling. The use of any mechanical device, fixture, preparation or composition in or about any flame, globule, lamp, reflector or lens of such light, which will in any manner whatsoever limit or diminish, except by diffusion, the candlepower ordinarily produced by such light, is prohibited.
(b)
Headlamps must have high and low beams. None of the high intensity portion of the upper beam shall project above 42 inches above the level on which the vehicle stands at a distance of 75 feet. The lamps shall be directed along the path in which the vehicle travels.
(c)
Lenses and reflectors must be clean, in good condition and the right side up.
(Code 1977, § 10.68.020)
State Law reference— Multiple and single beam lighting equipment, 47 O.S. § 12-221 et seq.
(a)
Any motor vehicle may be equipped with an electrical or mechanical signal device which shall indicate that the driver is about to change the course of his vehicle.
(b)
The signal device shall indicate the direction in which the vehicle proposes to change its course, and shall be so attached to the vehicle that the drivers of any vehicles following or approaching such vehicle shall be able to plainly see the direction indicated.
(c)
The signal device shall at all times be maintained in a good working condition so that when put into use it will clearly indicate the direction in which the operator of any vehicle proposes to travel.
(Code 1977, § 10.69.110)
State Law reference— Stop lamps and turn signals, 47 O.S. § 12-206.
(a)
No person shall operate upon any street or highway any motor vehicle which has mounted thereon any headlamp or light equipped with a red or semi-red lens or electric bulbs, other than brake and taillights.
(b)
The provisions of this section shall not apply to motor vehicles of the fire and police department, motor vehicles of peace officers operated within their lawful jurisdiction, or any other authorized emergency vehicle provided for by this chapter.
(Code 1977, § 10.68.120)
TRAFFIC AND VEHICLES
Cross reference— Administration, ch. 2.
State Law reference— Traffic signs, signals and markings generally, 47 O.S. § 11-201 et seq.; authority to regulate traffic by means of traffic control signals, 47 O.S. § 15-102(a)(2).
State Law reference— Driver's licenses, 47 O.S. § 6-101 et seq.
State Law reference— Vehicle size, weight and load, 47 O.S. § 14-101 et seq.
State Law reference— Vehicle equipment, 47 O.S. § 12-101 et seq.
Editor's note— Section 1 of Ord. No. 1102, adopted May 8, 2014, changed the title of art. IX from "Abandoned, Derelict or Junk Vehicles" to read as herein set out.
Cross reference— Environment, ch. 38.
State Law reference— Abandoned vehicles, 47 O.S. § 901 et seq.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley means any narrow highway ordinarily located in the interior portion of platted blocks and ordinarily used for service or delivery purposes at the rear of stores, dwellings or buildings.
Ambulance means a motor vehicle constructed, reconstructed or arranged for the purpose of transporting ill, sick or injured persons.
Bicycle means a device having two tandem wheels, propelled by human power, upon which any person may ride.
State Law reference— Similar provisions, 47 O.S. § 1-104.
Business district means the territory contiguous to, and including a highway if there are buildings within 600 feet of the highway in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
State Law reference— Similar provisions, 47 O.S. § 1-106.
Commercial vehicle means a vehicle designed, maintained or used primarily for the transportation of property.
Commission means the traffic and transportation commission of the city.
Crosswalk means:
(1)
That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and
(2)
Any portion of a roadway at an intersection, or elsewhere distinctly designated for pedestrian crossing by lines or other markings on the surface.
State Law reference— Similar provisions, 47 O.S. § 1-111.
Director means the community development director.
Double park means parking or stopping a vehicle on the roadway side of another vehicle already parked adjacent to the edge or curbing of the roadway.
Driver or operator means a person who drives or is in actual physical control of a vehicle.
State Law reference— Driver or operator defined, 47 O.S. § 1-140.
Emergency means an unforeseeable occurrence of temporary duration causing or resulting in an abnormal increase of traffic volume, cessation or stoppage of traffic movement, including fire, storm, accident, riot or spontaneous assembly of large numbers of pedestrians in such a manner as to impede the flow of traffic.
Emergency vehicles means vehicles of the fire and police departments and legally authorized ambulances and emergency vehicles of municipal departments or public service corporations.
State Law reference— Authorized emergency vehicle defined, 47 O.S. § 1-103.
Intersection means the following:
(1)
The area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; and
(2)
If a highway includes two roadways 30 feet or more apart, then every crossing or each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
State Law reference— Similar provisions, 47 O.S. § 1-126.
Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
State Law reference— Similar provisions, 47 O.S. § 1-127.
Limit lines means boundaries of parking areas, loading zones and nontraffic areas and lines indicating the proper place for stopping where stops are required.
Limited access highway means a highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.
State Law reference— Similar provisions, 47 O.S. § 1-110.
Loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Motor vehicle means a vehicle which is self-propelled or propelled by electric power obtained from overhead wires, but not operated upon rails.
State Law reference— Motor vehicle defined, 47 O.S. § 1-134.
Motorcycle, motor scooter and motor bicycle mean a motor vehicle, other than a tractor, having a seat or saddle for the use of the driver, and designed to travel on not more than three wheels in contact with the ground.
State Law reference— Minibike defined, 47 O.S. § 1-133.1; motorcycle defined, 47 O.S. § 1-135; motor-driven cycle defined, 47 O.S. § 1-136; motorized bicycle defined, 47 O.S. § 1-136.1.
Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers, provided such loading and unloading is in an authorized place.
State Law reference— Park or parking defined, 47 O.S. § 1-142(a).
Pedestrian means any person on foot.
State Law reference— Similar provisions, 47 O.S. § 1-143.
Police officer means an officer of the police department, or any person authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
State Law reference— Police officer defined, 47 O.S. § 1-147.
Private road or roadway means a way or place in private ownership or leading to property in private ownership, and used for vehicular traffic by the owner and those having express or implied permission from the owner.
State Law reference— Private road or driveway defined, 47 O.S. § 1-148.
Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
State Law reference— Similar provisions, 47 O.S. § 1-149.
Railroad train means a locomotive or engine, with or without cars attached, which is operated upon fixed rails, and is not a streetcar.
State Law reference— Similar provisions, 47 O.S. § 1-151.
Residence district means the territory contiguous to and including a highway not comprising a business district.
State Law reference— Residence district defined, 47 O.S. § 1-154.
Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision, unless one grants a precedence to the other.
State Law reference— Right-of-way defined, 47 O.S. § 1-156.
Roadway means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, "roadway," as used in this chapter, means any one of the roadways included in the highway and not all such roadways collectively.
State Law reference— Roadway defined, 47 O.S. § 1-158(a).
Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by adequate signs so as to be plainly visible at all times.
State Law reference— Safety zone defined, 47 O.S. § 1-159.
School zone means any street or highway, or portion thereof, officially designated and marked as a school zone.
Sidewalk means that portion of a highway between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
State Law reference— Similar provisions, 47 O.S. § 1-163.
Standing means any stopping of a vehicle, whether occupied or not.
State Law reference— Standing defined, 47 O.S. § 1-167.
Stop, when required, means the complete cessation of movement.
State Law reference— Similar provisions, 47 O.S. § 1-169.
Stop or stopping, when not required, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic signal.
State Law reference— Stop or stopping (when prohibited) defined, 47 O.S. § 1-170.
Street or highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
State Law reference— Similar provisions, 47 O.S. §§ 1-122, 1-171.
Through street or boulevard means a street or highway, or portion thereof, at the entrances to which:
(1)
Vehicular traffic from intersecting streets or highways is required by law to come to a full stop before entering or crossing; and
(2)
Stop signs are erected as provided in this chapter.
State Law reference— Through highway defined, 47 O.S. § 1-175.
Traffic means pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any street for purposes of travel.
State Law reference— Similar provisions, 47 O.S. § 1-177.
Traffic control device means any device legally authorized and used for the purpose of regulating, warning or guiding traffic.
U-turn means a turn by which a vehicle reverses its course of travel on the same street.
Vehicle means a device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails and tracks.
State Law reference— Vehicle defined, 47 O.S. § 1-186.
(Code 1977, §§ 10.08.010—10.08.410)
Cross reference— Definitions generally, § 1-2.
Except as specifically provided by law as set forth in this chapter, this chapter shall be controlling in the use of all boundary line roads, streets and highways, and city streets, alleys, thoroughfares, parks, parkways or any other public right-of-way or municipally owned land, by pedestrians and by vehicles of every kind, whether self-propelled or otherwise, and whether moving or at rest.
(Code 1977, § 10.04.020)
State Law reference— Authority to regulate traffic on boundary lines, 47 O.S. § 108.1.
Pursuant to the police power granted municipalities in the state and for the preservation and enforcement of good government and order, for the protection of health, life, morals and property, for the prevention, summary abatement and removal of nuisances, and otherwise for the promotion of the common welfare, all private roads within the city shall be governed by the provisions of this chapter.
(Code 1977, § 10.20.010(B))
Every person riding an animal or driving any animal-driven 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 article, except those provisions of this chapter which by their very nature can have no application.
(Code 1977, § 10.04.040)
State Law reference— Similar provisions, 47 O.S. § 11-104.
Unless specifically made applicable, the provisions of this article, except those contained in article VI, division 2, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway, or to persons, motor vehicles and other equipment while actually engaged in construction, maintenance or repair of public utilities, provided that all highway and public utility operations shall be protected by adequate warning signs, signals, devices or flagmen, but the provisions of this chapter shall apply to such persons and vehicles when traveling to or from such work.
(Code 1977, § 10.04.030)
State Law reference— Similar provisions, 47 O.S. § 11-105.
The military forces of the United States and organizations of the National Guard, performing any military duty, shall not be restricted by this chapter, and shall have the right-of-way on any street or highway through which they may pass against all vehicles, except carriers of the United States mail, fire engines, ambulances and police vehicles in the necessary discharge of their respective duties. Such mounted military forces and organizations moving in convoy shall have lights burning, with lead and trail vehicles prominently marked, and shall travel, while inside the corporate limits of the city, in compliance with such speeds as are legally posted within the corporate limits of the city, and shall maintain a closed interval of not more than 75 feet.
(Code 1977, § 10.04.030)
State Law reference— Similar provisions, 47 O.S. § 11-107.
(a)
The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, may exercise the privileges set forth in this section and other provisions of this chapter, but subject to the conditions stated in this section.
(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 prima facie speed limits up to ten miles per hour so long as he does not endanger life or property. The ten miles per hour limitation shall not be applicable to police and fire department vehicles;
(4)
Disregard regulations governing direction of movement or turning in specified directions.
(c)
The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and displays at least one lighted lamp emitting a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle. An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(d)
The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(Code 1977, § 10.80.030)
State Law reference— Privileges of authorized emergency vehicles, 47 O.S. § 11-106.
No person shall violate any provision of title 47 of the Oklahoma Statutes. Such title is adopted by reference.
No person shall fail to appear in response to a traffic violation regardless of the disposition of the charge for which the citation was originally issued.
(Code 1977, § 10.92.020)
State Law reference— Similar provisions, 47 O.S. § 16-112.
(a)
Every owner of a motor vehicle registered in the state shall carry in such vehicle at all times a current and valid owner's security verification form, as defined in 47 O.S. § 7-601.1, listing the vehicle, or a current and valid equivalent form which has been issued by the department of public safety, which shall be produced by any driver thereof upon request for inspection by any law enforcement officer; and in case of a collision, the form shall be shown upon request to any person affected by such collision.
(b)
Every operator of a motor vehicle registered in the state shall, while operating or using such vehicle, carry either a current and valid operator's or a current and valid owner's security verification form as defined in 47 O.S. § 7-601.1 issued by an insurance carrier, providing the operator is not excluded from coverage thereon, or an equivalent form issued by the department of public safety reflecting liability coverage.
(c)
The following shall not be required to carry an owner's or operator's security verification form or an equivalent form issued by the department of public safety:
(1)
Any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof;
(2)
Any vehicle bearing the name, symbol or logo of the business, corporation or utility on the exterior, and which is in compliance with 47 O.S. §§ 7-600—7-610 according to the records of the department of public safety, which reflect a deposit, bond, self-insurance or fleet policy;
(3)
Any vehicle authorized for operation under a permit number issued by the Interstate Commerce Commission or Oklahoma Corporation Commission;
(4)
Any licensed taxicab; and
(5)
Any vehicle owned by a licensed used motor vehicle dealer.
(d)
Any owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the department of public safety upon request of any police officer or other authorized person shall be guilty of an offense. Any person producing proof in court that a current security verification form or equivalent form which has been issued by the department of public safety reflecting liability coverage for such person was in force at the time of the alleged offense shall be entitled to dismissal of the charge upon payment of court costs.
(Code 1977, §§ 10.14.010—10.14.040)
State Law reference— Similar provisions, 47 O.S. §§ 7-601.1, 7-602; authority to require possession of security verification form, 11 O.S. § 22-117.1.
Every motor vehicle is required to display on the rear thereof the current year's license plates issued by the state or any other state in the United States or the United States government. Any plate placed on the rear of any vehicle shall be so placed that they may be read or seen at all times during the day or night. All license plates shall be kept reasonably clean and clear of mud, grease, dirt or any other substance in order that they may be easily seen, discerned and read.
(Code 1977, § 10.68.130)
State Law reference— Display of license plates, 47 O.S. § 115.1.
No person shall drive or move on any road, street or highway of this city any motor vehicle, including motorcycles, trailers, semitrailers or pole trailers, which are licensed by the state tax commission and operated on the roads, streets or highways of this city, or any combination thereof, unless the vehicle is bearing a valid official inspection sticker issued by an official inspection station licensed by the department of public safety. The provisions of this section shall not apply to any house trailer which requires a permit in order to be moved upon the highways of this state.
(Code 1977, § 10.68.190)
State Law reference— Inspection stickers, 47 O.S. § 851.
(a)
No person shall engage in, aid or abet any motor vehicle speed contest or exhibition of speed on any street or highway.
(b)
No person shall, for the purpose of facilitating or aiding, or as an incident to any motor vehicle speed contest upon any street or highway, in any manner obstruct or place any barricade or obstruction upon any street or highway.
(c)
When three or more persons assemble to witness or participate in an unlawful speed contest, such assembly is an unlawful assembly, and any person who participates in such unlawful assembly is guilty of an offense.
(Code 1977, § 10.40.040)
State Law reference— Speed generally, 47 O.S. § 11-801 et seq.
(a)
Entry on private property without consent constitutes trespass. No person shall make an entry with any vehicle or leave any vehicle parked upon real property owned or legally occupied by another without such owner's or occupant's consent, except where such private property is provided as public parking and the general use of the property is not restricted by signs or proper markings.
(b)
If a violation of the provisions of this section occurs, the owner or legal occupant who complains shall sign a complaint against the person parking the vehicle, or if the identity of the person is unknown, then the complaint may be filed against the registered owner of the vehicle. The complaint shall be verified and shall allege that the complaining party is the owner or legal occupant of the property.
(c)
In all cases where an entry has been made which constitutes a trespass and is complained of by the owner or legal occupant of the premises, the burden of proof is upon the person making the entry to show that consent for such entry was given.
(d)
Upon filing of the complaint by the property owner or legal occupant, and if there appears to be reasonable cause to believe the provisions of this section have been violated, the police department shall cause the vehicle to be impounded and stored.
(e)
When a vehicle has been impounded pursuant to this section, the owner shall be notified by the police department if the identity of the owner can be ascertained by reasonable diligence.
(Code 1977, § 10.52.240)
State Law reference— Parking vehicles on posted private property, 47 O.S. § 11-1006.
Cross reference— Officers and employees, § 2-61 et seq.
The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with traffic laws of the city, unless otherwise directed by an authorized person, or excepted under the provisions relating to drivers of authorized emergency vehicles.
(Code 1977, § 10.16.090)
State Law reference— Similar provisions, 47 O.S. § 11-201.
No provision of this chapter where official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section of this chapter does not state that official traffic control devices are required, such section shall be effective even though no traffic control devices are erected or in place.
(Code 1977, § 10.16.100)
State Law reference— Similar provisions, 47 O.S. § 11-201(b).
Whenever the commission records the finding based upon a traffic engineering survey and investigation that normal movement of traffic within legal limitations is or has become impeded or dangerous at any intersection or crossing because of increased use of such street or changed conditions, and that the increased use or change in conditions requires the installation at the intersection of suitable traffic control devices reasonably found from the data reported in the survey to be necessary to restore normal movement of traffic within legal limitations, or to provide greater safety and efficiency in the use of streets entering and leaving the intersection, the commission shall designate the intersection or location for installation of traffic control devices, and the director shall initiate necessary steps to obtain and install such traffic control devices.
(Code 1977, § 10.16.010)
The director shall prepare and maintain a schedule of each intersection and location where a traffic control device is installed and the kind of traffic control device installed. The schedule shall be designated as "schedule XI, traffic control devices." The original of schedule XI shall be kept on file in the office of the city clerk.
(Code 1977, § 10.16.070)
When the commission finds that a paved roadway of sufficient width to allow two or more vehicles to pass abreast requires, for the safety of traffic movement, regular traffic alignment or guidelines to facilitate the positioning of moving vehicles in proper lanes for passing, turning or stopping, the commission is authorized to instruct the director to mark traffic lane lines on the roadway surface and to place marks, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning there.
(Code 1977, § 10.16.020)
When the commission finds that vehicular traffic moving over any street or portion thereof, or specific lanes without regard to the center of the specific street, should proceed in one direction during one period of the day, and the opposite direction during another period of the day, for purposes of facilitating traffic movement or to make more efficient use of the designed capacity of the street, the commission is authorized to instruct the director to place signs, barriers, lane signals or other devices to give notice of such purpose.
(Code 1977, § 10.16.030)
When the commission finds that the relation of traffic volume moving in one direction over any street is greatly disproportionate to the volume of traffic moving in the opposite direction on the same street, the commission is authorized to instruct the director to align or realign the traffic lanes without regard to the center of the street or roadway, and designate the lanes to be used by traffic moving in either direction and install and maintain appropriate lines, signals, barriers, markings or other devices to give notice.
(Code 1977, § 10.16.040)
When the commission finds that pedestrian congestion requires the installation of a crosswalk at a location other than intersections, the commission is authorized to instruct the director to install and maintain official traffic control signals and appropriate devices, markings or signs, and crosswalk markings on the surface of the roadway at such location.
(Code 1977, § 10.16.050)
All signs, signals and devices required under this article for a particular purpose shall, so far as practicable, be uniform as to type and relative location throughout the city. All traffic control devices erected and not inconsistent with the provisions of state law or this article shall be official traffic control devices.
(Code 1977, § 10.16.080)
State Law reference— Traffic control devices to conform to state standards, 47 O.S. § 15-106.
The display of signal lights, arrows and words is deemed to have the following meanings and require the appropriate response on the part of vehicular traffic and pedestrians:
(1)
Green alone, "go":
a.
Vehicular traffic facing the signal, except when prohibited, may proceed straight through or turn right or left unless an official sign at such place prohibits such turn, but any vehicle and any pedestrian lawfully within the intersection or adjacent crosswalk at the time the signal displays green shall have the right-of-way over such vehicular traffic.
b.
Pedestrian traffic facing a green signal may proceed across the roadway within any marked or unmarked crosswalk unless a "walk" signal indicator is operating.
(2)
Yellow or amber alone, "caution":
a.
The showing of such signal color following green shall constitute a warning that the red or "stop" signal will be exhibited immediately thereafter.
b.
Vehicles facing the signal shall stop before entering the near side crosswalk or at the limit line, if it is marked, unless the vehicle is so near the limit line when the "caution" signal first flashes that a stop cannot be made in safety, in which event vehicles may proceed cautiously through the intersection and clear such intersection before the red signal flashes.
c.
Pedestrians facing the signal shall not enter the roadway until the green or "go" signal is shown alone, unless authorized to proceed by a pedestrian "walk" signal.
(3)
Red alone, "stop":
a.
Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "go" is shown alone. Where official signs are erected so indicating, vehicles in the right traffic lane shall stop before making a right turn, but such vehicles shall yield the right-of-way to any pedestrians or other traffic in the intersection and the turn shall not be made so as to interfere in any way with traffic proceeding on a green signal indication on the cross street.
b.
Pedestrians facing the signal shall not enter or cross the roadway when such movement interferes with traffic proceeding on a green signal indication on the cross street, or when the movement cannot be made in safety. No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone, unless authorized to do so by a pedestrian "walk" signal.
(4)
Red with green arrow:
a.
Vehicular traffic facing such signal when in the proper traffic lane may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. If the movement indicated by the green arrow is a left turn, the left turn shall be made only on the red with green arrow signal.
b.
No pedestrian facing such signal shall enter the roadway until the green or "go" is shown alone, unless authorized to do so by a pedestrian "walk" signal.
(5)
Green arrow alone: Whenever vehicular traffic movements are controlled by green arrows alone and not displayed with any other signal indication, vehicles facing such signals may make the movements indicated by the green arrows and the movements shall be made only when the green arrows are displayed.
(Code 1977, § 10.16.110)
State Law reference— Traffic control signal legend, 47 O.S. § 11-202.
Where official traffic control lane signals are installed on streets, parts of streets or lanes duly authorized to be marked as reversible lane streets, colored lights overhanging a lane shall have the following meanings:
(1)
Green. Vehicles facing the signal shall use the lane over which the signal is displayed for normal driving purposes.
(2)
Red. Vehicles facing the signal shall not enter or travel on the lane over which the signal is displayed.
(3)
Flashing yellow (amber). Vehicles facing the signal shall use the lane over which the signal is displayed for passing movements only, and shall return to a lane controlled by a green signal as soon as feasible. Lanes controlled by flashing yellow signals may be used by vehicles at intersections for turning movements.
(Code 1977, § 10.16.120)
State Law reference— Lane use control signals, 47 O.S. § 11-204.1.
Special pedestrian control signals exhibiting the words "walk," "wait" or "don't walk" shall regulate pedestrian movement as follows:
(1)
Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(2)
Wait or don't walk. No pedestrian shall start to cross a roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "walk" signal shall proceed to a sidewalk or safety zone while the "wait" signal is showing.
(Code 1977, § 10.16.130)
State Law reference— Similar provisions, 47 O.S. § 11-203.
(a)
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
(1)
Flashing red, "stop signal". When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2)
Flashing yellow, "caution signal". When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution. The drivers shall obey any signs posted in addition to the signal device denoting the rate of speed either for approaching or passing through the intersection or zone governed by such caution signal.
(b)
This section shall not apply at railroad grade crossings.
(Code 1977, § 10.16.140)
State Law reference— Flashing signals, 47 O.S. § 11-204.
(a)
School signs shall be erected only at locations where school buildings or grounds are adjacent to the highway and shall remain in place during school season. On two-lane streets, there shall be one sign on the right as vehicles approach the school zone. On four-lane streets, there will be two signs, one on the right and one on the left as vehicles approach the school zone. On a divided street, there shall be two signs, one on the right and one in the median on the left as vehicles approach the school zone. For streets where speed limits have been established up to and including 35 miles per hour, the properly designated signs shall be erected not less than 150 feet from the crosswalk. For speeds in excess of 35 miles per hour, the distance shall be not less than 200 feet from the crosswalk.
(b)
School crossing specifications and placement of school crossing signs shall be the same as those prescribed for school signs in subsection (a) of this section. Such school crossings shall be established only after being so designated by resolution adopted by the commission, which shall make its determination on the basis of an engineering and traffic study performed by the director.
(c)
Crosswalks shall be designated by white lines extending from curb to curb, or in the absence of curbs, from the edges of the traversable roadway at each school crossing.
(d)
Approach lines shall be white zig-zag lines installed in advance of all crosswalks, extending 100 feet beyond the school or school crossing sign. One approach line shall be installed in each lane approaching a crosswalk.
(Code 1977, § 10.16.160)
State Law reference— Ordinances regulating school zone speed limits, 11 O.S. § 22-117.
Each parking space designed for handicapped use shall be marked with a sign which incorporates the international symbol of accessibility to inform all drivers that the spaces are reserved for use by the handicapped. Each sign shall be of sufficient height so as not to be obscured by a vehicle parked in the space.
(Code 1977, § 10.16.190)
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 or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or railroad sign or signal.
(Code 1977, § 10.16.170)
State Law reference— Similar provisions, 47 O.S. § 11-206.
(a)
No person shall alter, destroy, deface, molest, interfere, tamper, injure, knock down, remove or have in his possession any traffic control device.
(b)
This article shall not apply to any of the following persons when acting within the scope and duty of their employment:
(1)
Any officer, agent, independent contractor, employee, servant or trustee of any governmental agency;
(2)
Any officer, agent, independent contractor, employee, servant or trustee of any contractor, public utility or railroad company.
(Code 1977, § 10.16.180)
State Law reference— Similar provisions, 47 O.S. § 11-207.
(1)
The community development director, as recommended by the traffic commission, may establish golf cart crossing zones, for use by golf carts on any city street, other than a state highway, that has a speed limit of 25 miles per hour or less and that is immediately adjacent to a golf course and an established golf cart rental facility.
(2)
Established golf cart crossing zones shall be at an angle of approximately 90 degrees to the direction of the roadway and be properly marked with warning signs. The warning signs shall state that golf carts may be crossing the roadway and that motor vehicle operators shall take special precautions to be alert for the presence of golf carts. The roadway shall be marked as any other pedestrian crossing.
(Ord. No. 865, § 1, 10-7-2003)
Any traffic control signal light erected within the city limits of the City of Mustang shall, upon the recommendation of the Traffic and Transportation Commission and approval of the city council, be equipped with pedestrian control signals in addition to vehicular traffic signalization.
All such devices shall conform to section 114-112 and to any additional requirements of the current Manual on Uniform Traffic Control Devices approved by the American Association of State Highway Officials and adopted by the Oklahoma State Highway Commission.
(Ord. No. 988, § 1, 2-6-2007)
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall forthwith return to the scene of the accident, and in every event, shall remain at the scene of such accident until he has fulfilled the requirements of section 114-153. Every such stop shall be made without obstructing traffic more than is necessary.
(Code 1977, § 10.100.010)
State Law reference— Similar provisions, 47 O.S. § 10-103.
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his correct name, address and registration number of the vehicle he is driving, and shall, upon request and if available, exhibit his driver's license and his security verification form, as required in section 114-10, to the person struck or the driver or occupant of or person attending any vehicle collided with.
(Code 1977, § 10.100.020; Ord. No. 1134, § 3, 12-15-2015)
State Law reference— Duty to give information and render aid at accident, 47 O.S. § 10-104.
The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the correct name and address of the driver and owner of the vehicle striking the unattended vehicle, and provide the operator or owner of the struck vehicle with information from his security verification form, as required by section 114-10, or shall leave in a conspicuous place on the vehicle struck a written notice giving the name and address of the driver and the owner of the vehicle doing the striking, and providing information from his security verification form, as required by section 114-10, and a statement of the circumstances of such accident.
(Code 1977, § 10.100.030)
State Law reference— Similar provisions, 47 O.S. § 10-105.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a roadway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the registration number of the vehicle he is driving, and shall exhibit his driver's license and his security verification form, as required in section 114-10.
(Code 1977, § 10.100.040; Ord. No. 1134, § 4, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. § 10-106.
The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately, by the quickest means of communication, give notice of such accident to the city police department if the accident occurs within the city.
(Code 1977, § 10.100.050)
State Law reference— Similar provisions, 47 O.S. § 10-107.
(a)
An accident report is not required under this division from any person who is physically incapable of making a report during the period of such incapacity.
(b)
Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 114-155, and there was another occupant in the vehicle at the time of the accident capable of giving such report, such occupant shall make or cause to be given the notice not given by the driver.
(Code 1977, § 10.100.060)
State Law reference— Similar provisions, 47 O.S. § 10-111.
Any person who gives information in reports as required in section 114-152, knowing or having reason to believe that such information is false, shall be guilty of a misdemeanor.
(Code 1977, § 10.100.070)
State Law reference— Similar provisions, 47 O.S. § 10-112.
(a)
All accident reports made by persons involved in accidents shall be without prejudice to the individual so reporting, and shall be for the confidential use of the police department or other state agencies having use for the records for accident prevention purposes, or for the administration of the laws of this city relating to the deposit of the owner of motor vehicles, except that the police department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies the presence at such accident.
(b)
All accident reports and supplemental information filed in connection with the administration of the laws of this city relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection, nor shall copying of lists of such reports be permitted, except, however, that such reports and supplemental information may be examined by any person named therein or by his representative designated in writing.
(c)
No reports or information required in this section shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish, upon demand of any party to such trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law.
(Code 1977, § 10.100.080)
State Law reference— Similar provisions, 47 O.S. § 10-115.
(a)
No person shall operate any motor vehicle on the highways without having in his possession at all times when operating such motor vehicle an unrevoked or unsuspended driver's license, of the appropriate class and with any necessary endorsements, as required by the laws of the state, unless such person is specifically exempted from such laws by the provisions thereof. However, no person charged with violating this section shall be convicted if he produces in court a driver's license, of the appropriate class and with any necessary endorsements, issued to him and valid at the time of his arrest.
(b)
No person shall operate a motor vehicle in any manner in violation of any restriction that may be imposed in a restricted license issued to him with respect to the type of, or special mechanical control devices required on, a motor vehicle, or any other restrictions applicable to the licensee, as the state may determine.
(Code 1977, § 10.12.010; Ord. No. 1134, § 1, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. §§ 6-113, 6-303.
(a)
No person shall operate a motor vehicle when his privilege to do so is cancelled, suspended, revoked or denied.
(b)
Each act of driving on the streets or highways as prohibited by this section constitutes a separate offense.
(Code 1977, § 10.12.020)
State Law reference— Similar provisions, 47 O.S. § 6-303.
No person shall rent or offer any self-propelled or motor driven cycle to any person who does not have in his possession a validly issued driver's license, of the appropriate class and with any necessary endorsements, or who is not authorized under the provisions of the laws of the state to operate such vehicles.
(Code 1977, § 10.12.030; Ord. No. 1134, § 2, 12-15-2015)
State Law reference— Similar provisions, 47 O.S. § 6-306.
No person shall authorize or knowingly permit any vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under the provisions of the laws of the state to operate such vehicle.
(Code 1977, § 10.12.040)
State Law reference— Similar provisions, 47 O.S. § 6-305.
State Law reference— Reckless driving, driving while intoxicated, etc., 47 O.S. § 11-901 et seq.
State Law reference— Driving on right side, passing, etc., 47 O.S. § 11-301 et seq.
State Law reference— Speed, 47 O.S. § 11-801 et seq.
State Law reference— Right-of-way generally, 47 O.S. § 11-401 et seq.
State Law reference— Turning movements, etc., 47 O.S. § 11-601 et seq.; authority to regulate turns, 47 O.S. § 15-102(a)(9).
State Law reference— Pedestrians, 47 O.S. § 11-501 et seq.
Cross reference— Off-street parking and loading, § 122-901 et seq.
State Law reference— Authority to regulate standing or parking, 47 O.S. § 15-102(a)(1); stopping, standing and parking, 47 O.S. § 11-1001 et seq.
Cross reference— Off-street parking and loading, § 122-901 et seq.
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited from using or traveling upon any streets and alleys within the city limits with the following exceptions:
(1)
Designated trucks routes;
(2)
Section line roads;
(3)
For the explicit purpose of loading or unloading.
(Code 1977, § 10.52.410)
When signs are erected giving notice thereof, no person shall operate upon any street so designated any vehicle which has more than two axles; provided, however, that vehicles with more than two axles may be operated on such streets for the purpose of delivering or picking up materials or merchandise, and then only by entering such street at the intersection nearest the destination of the vehicle and proceeding no further than the nearest intersection thereafter.
(Code 1977, § 10.72.010)
The director shall prepare and maintain a schedule of those streets, or portions thereof, upon which weight restrictions have been designated. The schedule shall reflect the gross weight above which is prohibited, the type of vehicles, if any, which are subject to the restriction, and any other effective weight restrictions. The schedule shall be designated as "schedule III, weight restrictions." The original of schedule III shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.72.020)
Except as otherwise provided by this article, no person shall drive or move, or cause or permit to be driven or moved, upon any street, whether paved or otherwise, any vehicle, unladen or with a load, which exceeds a height of 13½ feet.
(Code 1977, § 10.72.030)
State Law reference— Vehicle height restrictions, 47 O.S. § 14-103.
(a)
The director shall have authority to issue, withhold or revoke permits for temporary or emergency operation of vehicles or combinations of vehicles in excess of 13½ feet in height. Special permits shall prescribe the hours of the day when valid, the streets to be used and the route taken, and any other conditions that the director may consider proper under the circumstances.
(b)
Applications for such permits shall be made to the director a reasonable time in advance of the expected time of movement of such vehicles. In emergencies affecting the safety of persons or property, however, permits may be issued for immediate movement.
(Code 1977, § 10.72.040)
The city manager, subject to any directions which the council may make by motion or resolution, may prescribe routes through the city for the use of trucks in general or trucks of particular kinds and/or other vehicles which are not ordinary private passenger vehicles, passing through the city. The city manager shall see that appropriate and adequate signs are placed along such routes so that drivers of such vehicles may follow the routes. When such signs are so erected and in place, the driver of a truck or other vehicle for which a route has been prescribed as herein provided, while passing through the city, shall keep on such route and shall not deviate there from except in case of emergency. Drivers of such vehicles shall follow such routes so far as practicable also when driving within the city and not merely through the city.
(Ord. No. 1018, § 1, 1-6-2009)
The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisance arising from traffic law violations, protection of the public rights in the use of city streets and thoroughfares from obstructions placed and left in derogation of those rights, and for safeguarding and protecting stolen vehicles.
(Ord. No. 1102, § 6, 5-8-2014)
Members of the police department are hereby authorized, within the limits set forth in this chapter, to impound vehicles under the circumstances hereinafter enumerated and as provided elsewhere in this Code. No impoundment shall be valid unless made under order of an authorized police officer and in strict adherence with the procedures required in this chapter.
(Ord. No. 1102, § 6, 5-8-2014)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Derelict vehicle means a vehicle:
(1)
Which is in a state of dilapidation and not in operating condition;
(2)
Upon which a current license plate is not displayed;
(3)
From which tires or wheels have been removed or deflated;
(4)
Which has obviously been abandoned and left on any street by the owner of the vehicle.
(Code 1977, § 10.52.010; Ord. No. 1102, § 5, 5-8-2014)
Editor's note— Section 5 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-551 as § 114-553.
Cross reference— Definitions generally, § 1-2.
(a)
No person shall park, or cause to be parked, any derelict vehicle upon any street or municipally owned property.
(b)
When any derelict vehicle is discovered by the police department to have been parked upon any street or municipally owned property in the city for a period of 72 hours, the police department is authorized to impound the vehicle, and if the owner of the vehicle may be ascertained by reasonable diligence, the owner shall be notified of such action by the police department.
(Code 1977, §§ 10.52.230, 10.52.231; Ord. No. 1102, § 4, 5-8-2014)
Editor's note— Section 4 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-552 as § 114-554.
(a)
A disabled vehicle upon a street, highway or any municipally owned property may be impounded by the police department if:
(1)
Left unattended and improperly parked;
(2)
Left unattended longer than 48 hours on the shoulder of any street or highway; or
(3)
The person in charge of the vehicle is incapacitated to such an extent as to be unable to arrange for such vehicle's custody or removal.
(b)
When a vehicle has been impounded pursuant to this section, the owner shall be notified by the police department, if the identity of the owner can be ascertained by reasonable diligence.
(Code 1977, § 10.52.232; Ord. No. 1102, § 3, 5-8-2014)
Editor's note— Section 3 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-553 as § 114-555.
(a)
A motor vehicle abandoned on a highway, shoulder or right-of-way may be impounded if after a period of 48 hours there is no evidence of an apparent owner who intends to remove the vehicle.
(b)
If an officer has reasonable cause to believe a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or other harm, he shall have the authority to remove or direct the removal of the vehicle immediately. At the time of ordering the removal of an abandoned vehicle, the authorizing officer shall also determine the sale value of the vehicle and certify that amount on the removal order.
(Ord. No. 1102, § 6, 5-8-2014)
State Law reference— Similar provisions, 47 O.S. §§ 901, 902.
An unattended vehicle left upon any bridge, viaduct or causeway or within the structure of a grade separation may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
A vehicle left unattended upon any street, alley or thoroughfare, and so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic, may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any unattended vehicle parked at the street curbing of any zone where parking is prohibited and where official signs are in place giving notice thereof in violation of the prohibition may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any vehicle parked in a manner that it blocks a fire escape ladder, device or exit or blocks ready access to a fire hydrant or marked fire lane may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Any unattended vehicle illegally parked in any street intersection may be impounded. A disabled vehicle in an intersection, with the person in charge of the vehicle being present, shall be moved out of the intersection and to the nearest available legal parking space at the street curbing.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Whenever a stolen vehicle is located by police and the registered owner cannot be found within a reasonable time not exceeding 30 minutes, or cannot be determined from the registration or other identifying media in the vehicle or from records or information available from reports of stolen cars, the vehicle may be removed to the nearest authorized place of impoundment and the registered owner of the vehicle shall be notified of the location of the place of impoundment as soon as possible by the police department.
(b)
If the registered owner is identified, located and notified of the recovery of the stolen vehicle, the owner shall be given the right to make his or her own arrangement for the removal of the vehicle within the period of 30 minutes from the time he or she is actually notified of its recovery, and if the owner is unable or unwilling to effect the removal within the time specified, the vehicle may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
Whenever the driver or person in charge of any vehicle is placed under arrest and taken into custody and detained by police under circumstances which leaves or will leave a vehicle unattended on any street or highway, the vehicle may be impounded.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given in this section:
Enforcement officer means the code enforcement officer as designated by the city manager or any police officer of the city.
Junked motor vehicle means any motor vehicle which does not have lawfully affixed thereto both an unexpired license plate and a current motor vehicle safety inspection certificate, and the condition of the vehicle is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
Motor vehicle means any vehicle which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, campers and trailers.
Private property means any real property within the city which is privately owned and which is not public property.
Public property means any street or highway which includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
(b)
Certain vehicles prohibited. No person shall deposit, store, keep or permit to be deposited, stored or kept in the open, upon public or private property, a dismantled, unserviceable, inoperable, junked or abandoned vehicle, or any vehicle legally or physically incapable of being operated, for a period exceeding 48 hours, unless such vehicle, or parts thereof, is completely enclosed within a building, or stored in connection with a business lawfully established pursuant to the zoning ordinances of the city, or stored on property lawfully designated under the zoning ordinances of the city as a place where such vehicles may be stored.
(c)
Nuisance declared. The accumulation and/or storage of one or more vehicles, or parts thereof, as described in subsection (b) of this section, shall constitute a nuisance detrimental to the health, safety and welfare of the inhabitants of the city. It shall be the duty of the owner of such vehicle, or the parts thereof, and/or the owner of the private property, lessee or other person in possession or control of the property upon which such vehicle is located, to remove the vehicle from such property or have the vehicle housed in a building where it will not be visible from the street or other private property, the removal or enclosure to be made within 48 hours after notice has been given to the owner of the vehicle and/or the owner, lessee or person in control of the property upon which such vehicle is located. The 48-hour time may be extended by the enforcement officer in the case of obvious hardship.
(d)
Responsibility for removal. Upon proper notice and opportunity to be heard, the owner of an abandoned, wrecked, dismantled or inoperative vehicle, and the owner or occupant of the private property on which such vehicle is located, either or all of them, shall be responsible for the removal of such vehicle. In the event of removal and disposition by the city or its designee, the owner or occupant of the private property where such vehicle is located, shall be liable for the expenses incurred.
(e)
Enforcement. The enforcement officer is empowered to enforce the provisions of this section, including the issuing of citations.
(Code 1977, § 10.52.241; Ord. No. 1102, § 2, 5-8-2014)
Editor's note— Section 2 of Ord. No. 1102, adopted May 8, 2014, renumbered former § 114-554 as § 114-564.
Every vehicle that is impounded under the provisions of this chapter shall be removed to the nearest garage or place of safe keeping designated by the city council and to no other place.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any police officer is hereby authorized to cause to be impounded any vehicle found upon public roads, highways, streets, private parking lots accessible to the public, other public places or upon any private road, street, alley or lane which provides access to one or more single-family or multifamily dwellings when:
(1)
Report has been made that the vehicle has been stolen or taken without the consent of its owner and the owner cannot be located, is unable or unwilling to effect the removal of the vehicle within a reasonable amount of time not to exceed one hour, or the preservation and collection of evidence requires removal;
(2)
The officer has probable cause that the vehicle has been used in the commission of a felony offense and the officer has obtained a search warrant authorizing the search and seizure of the vehicle;
(3)
The vehicle bears a license plate which has expired for a period in excess of 90 days, bears a license plate which has been altered or tampered with, or bears a temporary tag issued more than 30 days prior to the impoundment, or bears no license plate which would be in conformance with the Oklahoma Vehicle License Act (47 O.S. § 1101 et seq.);
(4)
The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested or summoned before a proper magistrate without unnecessary delay;
(5)
At the scene of an accident, if the owner or driver is not in a position to take charge of the vehicle and direct or request its proper removal;
(6)
The officer has probable cause that the person operating the vehicle has not been granted driving privileges or that the driving privileges of the person are currently suspended, revoked, canceled, denied, or disqualified;
(7)
A police officer effects the arrest of the owner or operator of a vehicle out of the vehicle;
(8)
The officer has probable cause that the vehicle is not insured as required by the Compulsory Insurance Law of this state;
(9)
The vehicle is involved in a fatal motor vehicle collision and is needed for evidentiary purposes;
(10)
The vehicle has any evidentiary value, has directly or indirectly been involved in the commission of a crime, has been used to transport any person who has committed any offense involving the use of a firearm, or was directly or indirectly associated with a drive-by shooting; or
(11)
Impoundment is authorized by any other provision in this chapter or in this Code.
(b)
Any police officer who has directed the impoundment of any vehicle, or an authorized person in the employing agency of the officer, shall within 72 hours of the impoundment notify the department of public safety of such impoundment. The notice of impoundment shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored, and the estimated value of the vehicle as determined by the officer. This section shall not be construed to create any civil liability upon the state, any agency of the state, or employee thereof for failure to provide such notice to the owner or lienholder.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any vehicle seized or impounded by the city may, at the direction of the police department, be transported to such place as the city may designate.
(b)
The owner of the vehicle shall be responsible to the city or the city's designee for the following costs prior to the city or the city's designee releasing the vehicle. (The city manager, or his or her designee, may, to meet the best ends of justice or expedite on-going investigations, release the owner of part or all of the cost owed the city or the city's designee.)
(1)
The actual cost to have said vehicle transported to the place of storage, including the actual towing expenses.
(2)
A storage charge as allowed by law charged by the city's designee. For purposes of this section, the day of receipt shall constitute the first day and the day of release shall constitute the last day.
(3)
All fees incurred by the city or the city's designee, including lien filing fees, to either return the vehicle to the owner or sell the vehicle pursuant to statutory authority. Prior to releasing the vehicle, the owner shall obtain an order for release from the Mustang Police Department and pay to the city's designee all costs listed above. If the vehicle is impounded pursuant to any lawful authority, then those provisions shall apply in addition to the requirements of this section. If the vehicle is impounded pursuant to the provisions of subsections 114-566(4) through (10), then the owner of the vehicle, or anyone authorized by the owner of the vehicle, shall show proof of valid security verification, valid operator's license and valid vehicle tag registration before the police department will issue an order for release of the vehicle. If the owner fails to claim the vehicle within the time prescribed by law, then the city manager, or the city's designee, is directed to institute proceedings to have the vehicle sold under the applicable statutes of the State of Oklahoma.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Any vehicle impounded under the authority granted herein shall be stored and held safely at the place of safekeeping designated by the city until a written order for its release, signed by an authorized officer of the city, has been issued.
(b)
The order for release shall be conditioned upon presentation of sufficient proof of ownership and/or interest in the impounded vehicles, proof of compliance with the compulsory insurance law unless the vehicle is lawfully towed from impound, and the payment of all impound costs and accrued storage charges against the vehicle.
(c)
For vehicles impounded under the authority of subsections 114-566(4) through (10), such order of release shall be conditioned upon the payment of an impound fee in the amount of $100.00 by the person to whom the release is issued. This impound fee shall be independent of any fines, costs or fees which may be assessed from citations issued to any person for violation of traffic laws or other ordinance violations involving the impounded vehicle and in addition to any fees owed to the towing service for the impoundment and storage. The chief of police is hereby authorized to adopt rules and regulations consistent with this chapter to implement this section.
(d)
There is hereby created within the police fund, a special account into which all impound fees shall be deposited from which expenditures may be used for dispatch, jail, records clerks, training, and enforcement of traffic safety in administration of this chapter.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
Presentation of the order of release as provided in section 114-568 at the place of impoundment, together with payment or tender of payment of all impoundment costs and accrued storage charges due, shall entitle the person presenting such release to obtain possession of such vehicle.
(b)
Contest of impoundment; hearing.
(1)
Whenever any vehicle has been impounded in the manner provided for by this article, the registered or legal owner of the vehicle may contest the validity of the removal or storage by filing a written request for a hearing. The indication in the appropriate box on the form provided by the police department shall satisfy the written request requirement of this section.
(2)
The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the public agency shall not be required to conduct a hearing if the request is received more than ten days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within 72 hours of the request, excluding weekends and holidays.
(3)
The public agency may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vehicle. The hearing may, with the consent of the person requesting the hearing, be scheduled and conducted on the merits by telephone conference call.
(4)
The hearing officer shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If the removal and storage are deemed justified, the vehicle owner shall bear the cost of reasonable removal and storage. If deemed unjustified, the owner shall not be charged any fees or costs relating to the impoundment or storage of the vehicle. In either case, prior to the release of the vehicle to the owner or agent, information required under section 114-568 shall be furnished to the city. The hearing officer shall also be authorized to reduce the accrued fees and costs as determined appropriate based upon the facts.
(5)
Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirement of this section.
(Ord. No. 1102, § 6, 5-8-2014)
Except where a different punishment is prescribed, every person violating any of the provisions of this traffic code shall be guilty of an offense and, upon conviction thereof, shall be fined or punished as provided in section 1-8.
(Ord. No. 1102, § 6, 5-8-2014)
(a)
There is established a traffic and transportation commission which shall serve as an advisory body to the city manager and shall have the duties and responsibilities as set forth in this section.
(b)
Membership of the traffic and transportation commission shall consist of the following:
(1)
Director of community development who shall also serve as director of traffic and transportation.
(2)
Chief of police.
(3)
City engineer.
(4)
Chairperson of the city planning commission or, at the option of such chairperson, some other member of the planning commission nominated by the chairperson and approved by the planning commission.
(5)
Member of the city council as elected by the councilmembers.
(6)
Representative of PSG or other company or department performing public works services for the city.
(c)
If any member cannot attend any meeting of the traffic and transportation commission, the city manager may approve a designate for the member not attending. Membership is determined by office, position or title. If any member ceases to hold the office or position constituting membership in the traffic and transportation commission, membership on the traffic and transportation commission shall automatically terminate. The members of the traffic and transportation commission shall elect a chairperson who shall call the meetings as deemed necessary or as requested by the city manager.
(d)
Duties and responsibilities of the traffic and transportation commission shall be as set forth in this Code and shall include, without limitation, the following:
(1)
Recommend speed limits.
(2)
Recommend locations of stop signs and other traffic control devices and indicators on city streets.
(3)
Conduct studies as necessary and appropriate with prior approval of the city manager and, as appropriate with regard to the expenditure of funds, with approval of the city council or the city improvement authority as required by law.
(4)
Perform other duties and responsibilities as set forth in this chapter, subject to the terms and conditions contained in this chapter.
(5)
Forward written recommendations, as approved by a majority of the members of the traffic and transportation commission, to the city manager who shall have final authority to approve or deny the recommendations. Upon final approval by the city manager, the traffic and transportation commission or the director, as applicable, shall have the authority to take action necessary to implement the recommendations, subject to the following exception: In those cases where implementation of the recommendations would require the expenditure of public funds, then the expenditure shall be approved by the city council or the city improvement authority as required by law.
(Ord. No. 698, § 1(10.10.010—10.10.030), 10-6-1998; Ord. No. 1073, § 1, 6-19-2012)
Police officers shall have authority to inspect and test any vehicle upon the streets of the city at any time to determine whether it is safe, whether it is properly equipped and/or whether its equipment is in proper adjustment and repair.
(Code 1977, § 10.68.180)
State Law reference— Inspections authorized, 47 O.S. § 852.
Except as otherwise stated in this chapter, decisions of the director made pursuant to the provisions of this chapter shall be consistent with ordinances, state law, public safety and the orderly flow of traffic.
The director of community development shall make such studies and surveys and gather such information concerning vehicular traffic as he deems necessary or as the commission may direct. Any estimates or computations used in such studies or surveys shall be prepared in accordance with applicable standards recommended by the National Association of State Highway Officials.
(Code 1977, § 10.20.040)
(a)
Upon the immediate approach of an authorized emergency vehicle responding to an emergency call, the driver of every 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)
While responding to an emergency call, the authorized emergency vehicle shall be equipped with and have in operation at least one lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and the driver shall give an audible signal by siren or bell.
(c)
This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(Code 1977, § 10.80.010)
State Law reference— Operation of vehicle on approach of authorized emergency vehicle, 47 O.S. § 11-405.
No person shall drive any vehicle within or upon any sidewalk area, except at a permanent or temporary driveway.
(Code 1977, § 10.44.020)
No vehicle or animal shall be driven through any private service driveway or private service area except for the purpose of obtaining service or merchandise.
(Code 1977, § 10.44.050)
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 vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
(Code 1977, § 10.44.060)
(a)
Driving through prohibited. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while such procession is in motion and when such vehicles are conspicuously designated as required in subsection (c) of this section. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.
(b)
Drivers in a procession. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical, and shall follow the vehicle ahead as close as is practical and safe.
(c)
Identification. A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle such identifying insignia as may be determined and designated by the police department.
(Code 1977, §§ 10.64.010—10.64.030)
State Law reference— Authority to regulate processions, 47 O.S. § 15-102(a)(3).
No person shall drive any vehicle or animal in a manner which is calculated to endanger the rights, lives or property of others, or which is without due caution or circumspection, or which is at a careless, heedless or dangerous rate of speed.
(Code 1977, § 10.40.010)
State Law reference— Reckless driving, 47 O.S. § 11-901.
No person shall drive, use, operate, park, cause to be parked or stop any vehicle in:
(1)
A careless manner, which shall include, but not be limited to, excessive acceleration;
(2)
A negligent manner;
(3)
Such manner as to endanger or interfere with the lawful traffic or use of the street;
(4)
Such a manner as to endanger life, limb, person or property; or
(5)
Such a condition as to endanger or interfere with lawful traffic or use of the streets.
(Code 1977, § 10.40.011)
State Law reference— Reckless driving, 47 O.S. § 11-901.
While driving, the operator of every vehicle shall devote his full time and attention to such driving.
(Code 1977, § 10.40.030)
State Law reference— Reckless driving, 47 O.S. § 11-901.
(a)
It is unlawful for any person to drive, operate or be in actual physical control of a motor vehicle within the city who:
(1)
Has a blood or breath alcohol concentration of ten-hundredths or more at the time of a test of such person's blood or breath administered within two hours after the arrest of such person;
(2)
Is under the influence of alcohol;
(3)
Is under the influence of any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle;
(4)
Is under the combined influence of alcohol or any other intoxicating substance to a degree which renders such person incapable of safely driving or operating a motor vehicle; or
(5)
Whose ability to operate such vehicle is impaired by alcohol to the extent that the public health and safety is threatened, or that the person so impaired has violated a state law or ordinance in operation of a motor vehicle.
(b)
The fact that any person charged with a violation of this section is or has been lawfully entitled to use alcohol or a controlled dangerous substance, or any other intoxicating substance, shall not constitute a defense against any charge of violating this section.
(c)
As used in this section, the term "other intoxicating substance" shall mean any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or which is absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.
(Code 1977, § 10.40.015)
State Law reference— Driving under influence of alcohol or drugs, 47 O.S. § 11-902.
Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, evidence of the alcohol concentration in the person's blood or breath as shown by analysis of such person's blood or breath performed in accordance with the provisions of 47 O.S. §§ 752, 759, is admissible. For the purpose of this section:
(1)
Evidence that there was, at the time of the test, an alcohol concentration of five-hundredths or less is prima facie evidence that the person was not under the influence of alcohol;
(2)
Evidence that there was, at the time of the test, an alcohol concentration in excess of five-hundredths but less than ten-hundredths is relevant evidence that the person's ability to operate such vehicle was impaired by alcohol. However, no person shall be convicted of the offense of operating or being in actual physical control of a motor vehicle while such person's ability to operate such vehicle was impaired by alcohol solely because there was, at the time of the test, an alcohol concentration in excess of five-hundredths but less than ten-hundredths in the person's blood or breath in the absence of additional evidence that such person's driving was affected by alcohol to the extent that the public health and safety was threatened or that such person had violated a state statute or ordinance in the operation of a motor vehicle;
(3)
Evidence that there was, at the time of the test, an alcohol concentration of ten-hundredths or more shall be admitted as prima facie evidence that the person was under the influence of alcohol;
(4)
The term "alcohol concentration" shall mean grams of alcohol per 100 milliliters of blood, if the blood was tested, or grams of alcohol per 210 liters of breath, if the breath was tested;
(5)
To be admissible, such evidence must first be qualified by establishing that such test was administered to the person within two hours after the arrest of such person.
(Code 1977, § 10.40.020)
State Law reference— Chemical tests for intoxication, 47 O.S. § 751 et seq.
(a)
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, in addition to all other rules consistent with this chapter, a vehicle shall be driven, as nearly as practical, entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and has signalled for a change of course.
(b)
Where streets or roadways do not have marked traffic lanes, vehicles shall nevertheless keep in line or follow a straight course, as nearly as practical, and shall not weave in and out or turn from side to side unnecessarily. Vehicles shall move to the right or left only as necessary in slowing or stopping adjacent to the curb, in passing slow-moving vehicles or making a proper approach for a turn, and only after the driver has first ascertained that such movement can be made safely and has signalled for a change of course.
(Code 1977, § 10.32.010)
State Law reference— Driving with traffic lanes, 47 O.S. § 11-309(1).
(a)
Upon all roadways of sufficient width, a vehicle shall be driven to the right of the center of the roadway, except as follow:
(1)
When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(2)
When the right half of a roadway is closed to traffic while under construction or repair;
(3)
Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;
(4)
Upon a roadway designated and signposted for one-way traffic, all slow-moving vehicles shall be driven as closely as possible to the right curb of the street or roadway, except when overtaking and passing other vehicles as provided in this division. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the direction of such signs.
(b)
All vehicles shall keep to the right roadway on all streets or highways which are divided into two roadways.
(c)
At the intersection of streets or highways with a railroad right-of-way, all vehicles shall keep to the right of the center of the street or highway.
(Code 1977, § 10.32.020)
State Law reference— Driving on right side of roadway, 47 O.S. § 11-301.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having a width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half the main traveled portion of the roadway, as nearly as possible.
(Code 1977, § 10.32.030)
State Law reference— Similar provisions, 47 O.S. § 11-302.
The director shall prepare and maintain a schedule of those locations designated as no-passing zones. The schedule shall be designated as "schedule XIV, no-passing zones." The original of schedule XIV shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.32.060)
(a)
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street or roadway until safely clear of the overtaken vehicle.
(b)
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(Code 1977, § 10.32.070)
State Law reference— Overtaking vehicle on left, 47 O.S. § 11-303.
(a)
No vehicle shall be driven to the left side of the center of the street or roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completed without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
(b)
No vehicle at any time shall be driven to the left side of the roadway under the following conditions:
(1)
When approaching the crest of a grade, or upon a curve in the street or highway where the driver's view along the street or highway is obstructed;
(2)
When approaching within 100 feet of any bridge, viaduct or tunnel, or when approaching within 50 feet of or traversing any intersection or railroad grade crossing.
(Code 1977, § 10.32.080)
State Law reference— Limitations on overtaking on left, 47 O.S. §§ 11-305, 11-306.
(a)
The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
(b)
The driver of a vehicle may overtake and pass another vehicle either upon the left or upon the right of a street or roadway with unobstructed pavement of sufficient width for four or more lanes of moving traffic when such movement can be made safely.
(c)
No person shall drive off the pavement or upon the shoulder of the street or roadway in overtaking or passing on the right, except in the event of an emergency.
(Code 1977, § 10.32.090)
State Law reference— Overtaking on right, 47 O.S. § 11-304.
The commission, within the limitations prescribed by this chapter, is authorized to determine those portions of any highway where overtaking and passing would be especially hazardous, and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, every driver shall obey the directions thereof.
(Code 1977, § 10.32.050)
State Law reference— No passing zones, 47 O.S. § 11-307.
(a)
No driver of a vehicle shall pass any other vehicle which is in motion and being driven in the same direction in any school zone between the hours of 8:00 a.m. and 4:00 p.m. on all days when school is in session.
(b)
Wherever a school zone is located on a multiple lane street which is divided into three or more clearly marked lanes for traffic, or where the right half of the roadway has been divided into two or more lanes, or on one-way streets, vehicles shall be allowed to pass slower moving vehicles being driven in the same direction where passing does not involve a change of lane movement.
(Code 1977, § 10.32.100)
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space, or at a crossover or intersection established by public authority.
(Code 1977, § 10.32.040)
State Law reference— Driving on divided highway, 47 O.S. § 11-311.
(a)
The commission, or other authorities within their jurisdiction, may designate any road, street or highway, or any separate roadway under their jurisdiction, for one-way traffic, and shall erect appropriate signs giving notice thereof.
(b)
Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
(c)
A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
(Code 1977, § 10.36.010)
State Law reference— One-way roadways and rotary traffic islands, 47 O.S. § 11-308.
The director shall prepare and maintain a schedule of those streets, alleys, or portions thereof, designated as "one-way streets." The schedule shall be designated as "schedule II, one-way streets." The original of schedule II shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.36.030)
State Law reference— Authority to designate one-way streets, 47 O.S. §§ 11-308(a), 15-102(a)(4); signs required, 47 O.S. § 15-102(c).
The director shall place and maintain signs giving notice of streets and alleys designated by law as one-way, and no regulation shall be effective unless the signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
(Code 1977, § 10.36.020)
State Law reference— Authority to designate one-way streets, 47 O.S. §§ 11-308(a), 15-102(a)(4); signs required, 47 O.S. § 15-102(c).
(a)
The director is authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall place and maintain appropriate signs, markings, barriers or other devices to give notice thereof. The director may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.
(b)
No person shall operate any vehicle in violation of markings, signs, barriers or other devices so placed in accordance with this section.
(Code 1977, § 10.36.040)
No person shall drive a vehicle onto or from any controlled access highway, except at entrances and exits established by public authority.
(Code 1977, § 10.44.040)
State Law reference— Similar provisions, 47 O.S. § 11-312.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(Code 1977, § 10.44.010)
State Law reference— Following too closely, 47 O.S. § 11-310.
No vehicle shall be driven at a greater speed than 25 miles per hour upon any street or highway within the city except:
(1)
Emergency vehicles being lawfully driven as provided in this chapter;
(2)
When a different speed limit is otherwise posted;
(3)
When there exists an established speed limit on a street which is incorporated into the city street system as a result of annexation, and has not been changed in accordance with the provisions of this division.
(Code 1977, § 10.20.010(A))
State Law reference— Authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
When, as a result of a traffic engineering survey, the commission determines that the movement of vehicular traffic upon the roadway, intersection or location so surveyed could be controlled with greater safety to life and property or with greater efficiency in the use of the roadway, intersection or location, if the speed limit were increased or reduced, the commission shall specify the speed limit in terms of miles per hour, and it shall become effective upon the placing of proper signs and markers giving notice thereof.
(Code 1977, § 10.20.050)
State Law reference— Local alteration of speed limits, 47 O.S. § 11-803.
The director shall prepare and maintain a schedule of those streets, or portions thereof, upon which a specific speed limit has been designated. The schedule shall reflect the speed limit so designated and the exact locations upon which it is applicable. The schedule shall be designated as "schedule XII, speed limits." The original of schedule XII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.20.060)
Where official signs and markings give notice of both maximum and minimum speed limits in effect on any street, no vehicle shall be driven at rates in excess of the maximum, nor slower than the minimum, except as required by an authorized officer or in obedience to posted official signs.
(Code 1977, § 10.20.090)
No vehicle shall be driven at a greater speed than 20 miles per hour between the hours of 8:00 a.m. and 4:00 p.m. in any designated school zone, unless a different speed limit is otherwise designated and posted.
(Code 1977, § 10.20.020)
State Law reference— School zone speed limits, 11 O.S. § 22-117(B); authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
No vehicle shall be driven at a greater speed than 20 miles per hour between the hours of 8:00 a.m. and 9:00 a.m.; 11:00 a.m. and 1:30 p.m.; and 2:30 p.m. and 4:00 p.m. in any designated school crossing not in a school zone, unless a different speed limit is otherwise designated and posted.
(Code 1977, § 10.20.030)
State Law reference— School zone speed limits, 11 O.S. § 22-117(B); authority to alter speed limits, 47 O.S. §§ 11-803, 15-102(a)(10); signs required, 47 O.S. § 15-102(c).
No person shall drive a vehicle at a speed greater or less than is reasonable or prudent under the conditions then existing, taking into consideration, among other things, the condition of the vehicle, roadway and weather, the amount of light or darkness, the amount of traffic, presence of pedestrians in or near the roadways, and the obstruction of view.
(Code 1977, § 10.20.070)
State Law reference— Similar provisions, 47 O.S. § 11-801(a).
No vehicle shall be driven at such an unreasonably slow speed in relation to the effective maximum speed allowed as to constitute a hazard or to interfere with the normal movement of other traffic, except when the slow speed is unavoidable.
(Code 1977, § 10.20.080)
State Law reference— Similar provisions, 47 O.S. § 11-804.
(a)
When two vehicles enter or approach an uncontrolled 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 through highways as otherwise stated in this chapter.
(Code 1977, § 10.28.010)
State Law reference— Similar provisions, 47 O.S. § 11-401.
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. After so yielding and having given a signal when and as required by this section, the driver may make the left turn and the drivers of all other vehicles approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.
(Code 1977, § 10.28.020)
State Law reference— Similar provisions, 47 O.S. § 11-402.
The driver of a vehicle approaching a yield right-of-way sign shall slow to a reasonable speed for existing conditions or traffic and visibility, yielding the right-of-way to all vehicles on the intersecting street or highway which have entered the intersection or which are so close as to constitute an immediate hazard.
(Code 1977, § 10.28.030)
State Law reference— Vehicle entering stop or yield intersection, 47 O.S. § 11-403.
The director shall prepare and maintain a schedule of those streets, or portions thereof, designated as "through streets." The schedule shall be designated as "schedule I, through streets." The original schedule I shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.48.010)
State Law reference— Authority to designate through streets, 47 O.S. §§ 15-102(a)(6), 15-108; signs required, 47 O.S. § 15-102(c); stop signs and stop intersections, 47 O.S. § 11-703.
(a)
The director shall place and maintain a stop sign on every street intersecting a through street, or intersecting that portion thereof, described and designated as such by ordinance, unless traffic at such intersection is controlled at all times by traffic control signals.
(b)
At the intersection of two such through streets, or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of the streets as may be determined by the director upon the basis of an engineering and traffic study.
(Code 1977, § 10.48.020)
(a)
Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle shall stop as required by this chapter at the entrance to a through highway and shall yield the right-of-way to other vehicles which have entered the intersection from the through highway, or which are approaching so closely on the through highway as to constitute an immediate hazard.
(b)
If two or more vehicles face stop, slow, warning or caution signs or signals at an intersection and are approaching so as to enter the intersection at the same time, the following rules shall apply:
(1)
If each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way.
(2)
If each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way.
(3)
If one vehicle is required to stop and the other to slow or take caution, the one slowing or taking caution shall have the right-of-way.
(4)
If one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way.
In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not entered the intersection.
(Code 1977, § 10.28.040)
State Law reference— Vehicle entering stop or yield intersection, 47 O.S. § 11-403.
The driver of a vehicle about to enter, leave or cross a highway from or into a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.
(Code 1977, § 10.28.050)
State Law reference— Similar provisions, 47 O.S. § 11-404.
Any vehicle attempting to reenter traffic while parked parallel with the curb shall yield the right-of-way to oncoming traffic in the street approaching from the rear. The parked vehicle shall proceed into the line of traffic only after the driver has given the appropriate signal which indicates his intention of turning from the curb and into the line of traffic. The vehicle shall in no event enter the line of traffic until the driver has ascertained that no hazard exists.
(Code 1977, § 10.28.060)
(a)
The commission is authorized to determine those street intersections at which drivers of vehicles:
(1)
Shall not make right or left turns;
(2)
May be permitted to make a U-turn on streets not equipped with divider strips; or
(3)
May be prohibited from making a U-turn at specific intersections on streets having divider strips.
(b)
The determinations of the commission shall specify each intersection or location affected, the particular restriction or relaxation of prohibition applicable thereto, and the hours of applicability.
(c)
The determinations of the commission shall be made on the basis of a competent traffic engineering survey and investigation.
(d)
Each intersection or location regulated under this chapter shall be plainly marked with signs indicating such regulations and the hours applicable, if any.
(Code 1977, § 10.24.020)
The director shall prepare and maintain a schedule of those locations where turns are restricted. The schedule shall reflect the turn location at which turning movements are restricted, the restrictions placed on such turning movements and the times, if any, when such restrictions are effective. The schedule shall be designated as "schedule XIII, restricted turns." The original of schedule XIII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.24.030)
The director is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. The course to be traveled, as so indicated, may conform to or be other than as prescribed by law.
(Code 1977, § 10.24.010)
State Law reference— Authority to regulate turning, 47 O.S. §§ 11-601(4), 15-102(a)(9); signs, etc., required, 47 O.S. § 15-102(c).
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1)
Both the approach for a right turn and the execution of a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2)
For left turns from a two-way into a two-way street, the approach for a left turn shall be made in that portion of the right half of the street nearest the center thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center of the roadway being entered.
(3)
The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the street nearest to the center thereof and by passing to the right of such center where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center of the street being entered upon leaving the intersection.
(4)
If both streets or roadways are one-way, both the approach for a left turn and the execution of a left turn shall be made as close as practicable to the left-hand curb or edge of the roadway.
(Code 1977, § 10.24.050)
State Law reference— Required position and method of turning at intersections, 47 O.S. § 11-601.
(a)
No person shall make a U-turn at the following locations:
(1)
Any place other than an intersection;
(2)
Intersections controlled by traffic control devices, unless such turns are specifically authorized;
(3)
Any other location when such turns are specifically prohibited.
(b)
No person shall make a U-turn, except in the following manner:
(1)
By approaching the intersection as closely as practical to the right curb or edge of the roadway, the driver giving and continuing to give a signal for a left turn until the turn is completed, proceeding to make the turn across the intersection;
(2)
In one continuous movement without stopping or backing the vehicle;
(3)
By yielding the right-of-way at all times to all vehicles until such turn is completed;
(4)
Without constituting a hazard to or interfering with any other vehicle.
(Code 1977, § 10.24.040)
State Law reference— Restrictions on turning so as to proceed in opposite direction, 47 O.S. § 11-602.
(a)
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 114-272, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in subsection (b) of this section.
(b)
A signal of intention to turn right or left, slow or stop, when required, shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning or stopping.
(Code 1977, § 10.24.060)
State Law reference— Turning movements and required signals, 47 O.S. § 11-604.
(a)
Any stop or turn signal, when required in this division, shall be given either by means of the hand and arm, by a signal lamp or by a mechanical device of a type approved by the state department of public safety, except as provided in subsection (b) of this section.
(b)
When the body of a vehicle or the load of any vehicle projects 24 inches or more to the left of the center of the steering wheel, or under any condition where a hand and arm signal would not be visible both to the front and rear of the vehicle, the vehicle shall be equipped with, and the required signal given by, signal lamps or devices.
(Code 1977, § 10.24.070)
State Law reference— Signals by hand and arm or signal lamps, 47 O.S. § 11-605.
All signals required in this division, given by hand and arm, shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
(1)
Left turn, hand and arm extended horizontally.
(2)
Right turn, hand and arm extended upward.
(3)
Stop or decrease speed, hand and arm extended downward with palm to the rear.
(Code 1977, § 10.24.080)
State Law reference— Method of giving hand and arm signals, 47 O.S. § 11-606.
Notwithstanding the provisions of this division, 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 caution upon observing any child or any confused or incapacitated person upon a roadway.
(Code 1977, § 10.88.090)
State Law reference— Similar provisions, 47 O.S. § 11-504.
Pedestrians shall be subject to traffic control signals as provided for in this chapter, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this division.
(Code 1977, § 10.88.010)
State Law reference— Pedestrians subject to traffic regulations, 47 O.S. § 11-501.
The director may at any time install pedestrian crosswalks at any street intersection. Such pedestrian crosswalks shall be plainly marked on the surface of the roadway, and protected by means of signs posted and maintained on the roadway approaching the crosswalk.
(Code 1977, § 10.16.060)
(a)
The driver of a vehicle shall yield the right-of-way when traffic control signals are not in place or not in operation to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(b)
No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c)
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.
(Code 1977, § 10.88.020)
State Law reference— Similar provisions, 47 O.S. § 11-502.
Pedestrians, when crossing the street at a crosswalk, shall move, whenever practicable, upon the right half of the crosswalk.
(Code 1977, § 10.88.030)
State Law reference— Similar provisions, 47 O.S. § 11-505.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.
(Code 1977, § 10.88.040)
(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 upon the roadway.
(b)
Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c)
The rules in this section have no application when pedestrians are prohibited from crossing at designated places.
(Code 1977, § 10.88.050)
State Law reference— Pedestrians crossing at other than crosswalks, 47 O.S. § 11-503.
(a)
No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge, signal, gate or barrier after a bridge operation signal indication has been given.
(b)
No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
(Code 1977, § 10.88.060)
State Law reference— Authority to require obedience to traffic control signals, 47 O.S. § 15-107.
(a)
No pedestrian shall walk along and upon an adjacent roadway where sidewalks are provided.
(b)
Pedestrians walking along and upon a highway where sidewalks are not provided shall, when practicable, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction.
(Code 1977, § 10.88.070)
State Law reference— Similar provisions, 47 O.S. § 11-506.
(a)
No person shall stand in a roadway for the purpose of soliciting a ride, donations, employment or business from the occupant of any vehicle.
(b)
No person shall stand in any street, roadway or park and stop and attempt to stop and engage any person in any vehicle for the purpose of soliciting contributions; or sell or attempt to sell anything to any person in any vehicle; or hand or attempt to hand to any person in any vehicle any circular, advertisement, handbill or any political campaign literature, or any sample, souvenir or gift; or in any other manner, while standing in the street or roadway, attempt to interfere with the normal flow of traffic for any other similar purpose.
(Code 1977, § 10.88.080)
State Law reference— Pedestrians soliciting rides or business, 47 O.S. § 11-507.
No person shall drive or operate any self-propelled or motor-driven cycle, known and commonly referred to as minibikes, trail bikes and other similar trade names, upon, over or across any city street, alley, park, parkway or any other public right-of-way or city owned land, except where permitted by signs posted by the appropriate authority. Minibikes used by regularly organized units of any Shrine Temple or any other similar organization shall be exempt from the provisions of this section while being used in any parade or other function of the organization.
(Code 1977, § 10.84.010)
(a)
No person upon roller skates, or riding in or by means of any coaster, scooter, toy wagon or similar device, shall go upon any roadway, except while crossing a street at a crosswalk, and when so crossing, such person shall be granted all rights and shall be subject to all duties applicable to pedestrians.
(b)
This section shall not apply upon any street while set aside as a play street when authorized by law.
(Code 1977, § 10.84.050; Ord. No. 1053, § 1, 10-19-2010)
Editor's note— Section 1 of Ord. No. 1053, Adopted Oct. 19, 2010, changed the title of § 114-352 from "Coasters, roller skates, wheelchairs and similar devices" to "Coasters, roller skates and similar devices."
State Law reference— 47 O.S. §11-501.1.
(a)
No driver of a two-wheel or three-wheel motor vehicle or bicycle shall carry any other person upon or within such vehicle on any street or highway, except as follows:
(1)
If any two-wheel or three-wheel motor vehicle with a wheel diameter of 12 inches or greater, or any bicycle, shall have either a double-seating device with double footrests or a sidecar attachment providing a separate seat space within such side car attachment for each person riding therein, so that such person shall be seated entirely within the body of the side car, then it shall be permissible for an operator who has attained the age of 16 or older to carry a passenger;
(2)
A demonstration ride by a licensed dealer or his employee is permissible.
(b)
No motorcycle, bicycle or motor scooter shall be ridden upon any city sidewalk.
(c)
Handlebars on bicycles, motorcycles and motor scooters shall not exceed 12 inches in height, measured from the crown or point of attachment.
(d)
No rider of a motorcycle, bicycle or motor scooter shall hold onto any moving vehicle for the purpose of being propelled.
(Code 1977, § 10.84.020)
State Law reference— Similar provisions, 47 O.S. § 40-103.
No person shall operate any motorcycle or any motor scooter at a speed greater than the speed limit legally posted. In no event, nor at any time, may an operator under the age of 16 years operate a motorcycle or motor scooter at a speed greater than 35 miles per hour.
(Code 1977, § 10.84.030)
State Law reference— Similar provisions, 47 O.S. § 40-104.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach such bicycle, coaster, roller skates, sled or toy vehicle, or himself, to any moving vehicle upon a roadway.
(Code 1977, § 10.84.040)
State Law reference— Similar provisions, 47 O.S. § 11-1203.
(a)
An electric personal assistive mobility device, as defined in subsection D of this section, shall not be operated on any highway, turnpike or city street with a speed limit greater than 25 miles per hour.
(b)
An electric personal assistive mobility device may be operated upon the sidewalks, walking trails, bikeways, and municipal streets where the speed limit is not greater than 25 miles per hour.
(c)
A person operating an electric personal assistive mobility device shall:
(1)
Not be required to have an Oklahoma driver license to operate the device.
(2)
Obey all speed limits.
(3)
Yield the right-of-way to pedestrians and human powered devices at all times.
(4)
Give an audible signal before overtaking and passing any pedestrian.
(5)
Wear or equip the electric personal assistive mobility device with reflectors and a headlight when operating at night.
(d)
An "electric personal assistive mobility device" is defined as a self-balancing, two nontandem-wheeled device, designed to transport only one person, having an electric propulsion system with an average of 750 watts (1 h.p.), and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such a propulsion system while ridden by an operator who weighs 170 pounds.
(e)
Electric personal mobility devices are not required to be registered pursuant to the Oklahoma Vehicle License and Registration Act.
(f)
Failure to comply with any requirement set forth in this section shall result in a warning for the first offense, a fine of $10.00 for the second offense, and impoundment of the electric personal assistive mobility device for up to 30 days for subsequent offenses. Each act of noncompliance shall be considered a separate offense.
(Ord. No. 866, § 1, 10-7-2003)
Whenever the driver of a vehicle approaches a railroad grade crossing in the city, the driver of such vehicle shall bring such vehicle to a stop not less than 15 feet from the nearest rail of such railroad track, and while so stopped, shall both look and listen in both directions along such track for approaching railway traffic, and shall not proceed until he can do so safely. The requirements of this section shall apply when:
(1)
A train approaching within approximately 1,500 feet of the grade crossing emits a signal audible from such distance and such train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
(2)
An approaching train is plainly visible and is in hazardous proximity to such crossing; or
(3)
A stop sign has been erected at any such crossing.
(Code 1977, § 10.48.060)
State Law reference— Obedience to signal indicating approach of train, 47 O.S. § 11-701.
Every driver of a vehicle approaching a stop sign, or near the entrance to any intersection, shall stop before entering the crosswalk on the near side of the intersection. If no crosswalk exists, he shall stop at a clearly marked stop line, but 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 intersection, except where directed to proceed by a police officer or traffic control signal.
(Code 1977, § 10.52.400)
State Law reference— Stop signs, 47 O.S. § 11-703.
The director is authorized to determine and designate intersections upon other than through streets where particular hazards exist, and to determine whether vehicles shall stop at one or more entrances to any such stop intersection.
(Code 1977, § 10.48.030)
State Law reference— Authority to designate stop intersections, 47 O.S. § 15-108; stop signs and stop intersections, 47 O.S. § 11-703.
There is authorized the erection and maintenance of stop signs at each of the following railroad grade crossings in the city:
(1)
West side of County Line Road.
(2)
East and west side of Morgan Road.
(3)
East and west side of Sara Road.
(4)
East and west side of Mustang Road.
(5)
East and west side of Czech Hall Road.
(6)
North side of Southwest 89th Street and Czech Hall Road.
(Code 1977, § 10.48.070)
State Law reference— Authority to designate stop intersections, 47 O.S. § 15-108; stop signs and stop intersections, 47 O.S. § 11-703.
The driver of a vehicle within a business or residential district emerging from an alley, driveway or building shall stop the vehicle immediately prior to driving on the sidewalk area extending across any alleyway. The driver shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
(Code 1977, § 10.48.050)
State Law reference— Similar provisions, 47 O.S. § 11-704.
(a)
The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge schoolchildren, and on which the red loading signals are in operation, is to stop his vehicle before it reaches the school bus, and not proceed until the loading signals on the school bus are deactivated, and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such schoolchildren and other occupants.
(b)
Occupants of the school bus shall have the right-of-way when crossing the roadway, immediately upon leaving the school bus.
(c)
The provisions of subsections (a) and (b) of this section shall be applicable only if the school bus is painted yellow and bears upon the front and rear of such school bus a plainly visible sign containing the words "SCHOOL BUS" in letters not less than eight inches in height, which can be removed or covered when the vehicle is not in use as a school bus. The school bus shall be equipped with four red alternately flashing warning signal lights, two of which shall be located high on the front and two high on the rear of the vehicle. The lights shall be a minimum of four inches in diameter and shall be widely separated.
(Code 1977, §§ 10.76.010, 10.76.020)
State Law reference— Meeting or overtaking stopped school bus, 47 O.S. § 11-705.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sundays and holidays mean the following days and dates only: Each Sunday; New Year's Day on January 1; Memorial Day on May 30; Independence Day on July 4; Labor Day on the first Monday in September; Thanksgiving Day on the fourth Tuesday in November; Christmas on December 25; and if any such holiday other than Sunday at any time falls on Sunday, the succeeding Monday shall be a holiday in that year.
(Code 1977, § 10.52.010)
Cross reference— Definitions generally, § 1-2.
The provisions of this division shall not be applicable when it is necessary for a vehicle to stop to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device.
(Code 1977, § 10.52.080)
The provisions of this division imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code 1977, § 10.52.090)
All parking limit regulations, unless otherwise specifically provided in this division, shall be in force and effect between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and holidays. The provisions of this division regulating vehicular parking upon the streets shall have no application on Sundays and holidays unless the particular regulation specifically provides that it shall apply at all times.
(Code 1977, § 10.52.020)
Any vehicle in violation of any regulation contained in this division governing, limiting or prohibiting the parking or standing of a vehicle on any street or public thoroughfare is declared to constitute a public nuisance, and each separate traffic citation issued as authorized in this division for such violation shall constitute a separate notice thereof to the owner or operator of such vehicle.
(Code 1977, § 10.52.070)
The director shall erect appropriate signs giving notice of any parking time limits or parking regulations imposed by law. No such regulations shall be effective unless the signs are erected and in place at the time of any alleged offense.
(Code 1977, § 10.52.100)
The director shall prepare and maintain a schedule of those locations prohibiting parking. The schedule shall reflect the hours, time limit or other conditions under which parking is prohibited or restricted. The schedule shall be designated as "schedule VI, prohibited parking." The original of schedule VI shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.150)
The director shall prepare and maintain a schedule of those locations which have been designated for "angle parking." The schedule shall be designated as "schedule VIII, angle parking." The original of schedule VIII shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.040)
(a)
Designation of any street or portion thereof for parking vehicles at an angle to the curbing shall, when established, be supported by a traffic engineering survey of such location prepared by the director and approved by the commission, and no such designation may become effective except by ordinance duly passed by the city council.
(b)
No person shall park or stand a vehicle upon those streets or setback locations which have been signed or marked by the director for angle parking, other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(c)
The director shall determine whether angle or parallel parking shall be permitted in any setback area authorized and constructed in conformity to this Code relating thereto. If angle parking is permitted, the director shall initially establish the authorized angle of parking in such setback area according to the standards set forth in this chapter.
(d)
Commercial vehicles shall be permitted to park on any street or highway at an angle with the curb for the purpose of loading or unloading merchandise only when such angle parking does not interfere with the normal flow of vehicular traffic on the street or highway.
(e)
Upon the establishment of the authorized angle, the owner or the occupant of the property abutting any such parking location shall paint, or cause to be painted, parking lines six inches in width at the established angle which shall indicate parking stalls. Such stalls shall have a minimum width of 8½ feet measured on a line perpendicular to the established parking angle from the center of one stripe to the center of the next. The owner or occupant of the property abutting any such parking location shall paint the stall stripes at least three times per year.
(f)
If the owner or the occupant fails to paint or maintain stall stripes, or upon the request of the owner or occupants of the property abutting such parking location, the director shall paint or cause to be painted such stall stripes for the sum established in section 42-114, per stall, per year, to be paid in full at the time of the first painting.
(g)
At all setback locations where angle parking is permitted, a sidewalk of the minimum width of five feet shall be maintained.
(Code 1977, §§ 10.52.030, 10.52.050, 10.52.060, 10.52.350)
State Law reference— Angle parking, 47 O.S. § 11-1004.
The city council shall designate and reserve by ordinance such street locations as may be deemed necessary for the use of public employees for parking government vehicles engaged in official business. When signs are erected at such location giving notice thereof, no other vehicle shall be parked therein.
(Code 1977, § 10.52.110)
The director shall prepare and maintain a schedule of locations designated for "parking of official government vehicles." The schedule shall be designated as "schedule X, official parking." The original of schedule X shall be kept in the office of the city clerk as a public record.
(Code 1977, § 10.52.120)
(a)
The driver of any vehicle intending to occupy a parallel parking space where a backing movement is necessary, and which is being vacated by another vehicle, shall stop his vehicle to the rear of the parking space until the vacating vehicle has cleared and entered normal traffic. He then is deemed to have the right-of-way to such parking space over any other vehicle attempting to park therein.
(b)
The first of two or more vehicles to reach the rear boundary of an unoccupied parallel parking space where a backing movement is necessary to occupy such parking space, is deemed to have the right-of-way to such parking space.
(Code 1977, § 10.52.340)
(a)
The director is authorized to determine and regulate by proper signs the stopping, standing or parking of vehicles when such stopping, standing or parking would create an especially hazardous condition or would cause unusual delay to traffic.
(b)
When official signs are erected at hazardous or congested places, as authorized in subsection (a) of this section, no person shall violate such signs.
(Code 1977, § 10.52.130)
(a)
No person shall stop, stand or park a vehicle, except in emergencies or 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:
(1)
On a sidewalk;
(2)
In front of a public or private driveway;
(3)
Within an intersection;
(4)
Within 15 feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 20 feet of a crosswalk at an intersection;
(7)
Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;
(8)
Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the director has indicated a different length by signs or markings;
(9)
Within 50 feet of the nearest rail of a railroad crossing;
(10)
Within 20 feet of a driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance, when properly signposted;
(11)
Alongside or opposite any street excavation or construction when stopping, standing or parking would obstruct traffic;
(12)
On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(13)
Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(14)
At any place where official signs prohibit stopping;
(15)
On any street parking-planting strip or center median.
(b)
No person shall move a vehicle not lawfully under his control into any such prohibited area or an unlawful distance away from a curb.
(Code 1977, § 10.52.140)
State Law reference— Stopping, standing and parking prohibited in specified places, 47 O.S. § 11-1003.
It is unlawful for any person to place or park a motor vehicle in any parking space that is designated and posted as a reserved area for parking of motor vehicles of a physically disabled person unless such vehicle is eligible for a detachable insignia or reflective insignia of a physically disabled person, and such insignia is displayed as provided in accordance with state law or regulations adopted pursuant thereto. The provisions of this section shall apply to any such designated and posted reserved area on public property or private property accessible to the public and where the public is invited.
(Code 1977, § 10.52.141)
State Law reference— Placing or parking vehicle in parking space designated and posted for physically disabled persons, 47 O.S. § 11-1007.
(a)
If a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, such person shall stand or park a vehicle upon the left-hand side of the one-way roadway unless signs are erected to permit such standing or parking.
(b)
The director is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway, and to erect signs giving notice thereof.
(Code 1977, § 10.52.160)
The director is authorized to erect signs upon the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no person shall stand or park a vehicle in violation of any such signs.
(Code 1977, § 10.52.170)
State Law reference— Parking on left side of roadway, 47 O.S. § 11-1004.
The director is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
(Code 1977, § 10.52.180)
The parking of vehicles at the curb where streets intersect shall be prohibited 15 feet in advance of the crosswalk on the near side of such intersections.
(Code 1977, § 10.52.190)
No person shall park a vehicle within an alley, except for the purpose of, and while actually engaged in, loading and unloading merchandise.
(Code 1977, § 10.52.200)
No person shall park a vehicle on any street in any business district for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day, except physicians on emergency calls.
(Code 1977, § 10.52.250)
No commercial vehicle shall be parked on any street within the business loop between the hours of 4:30 p.m. and 6:00 p.m. Monday through Friday, except in the case of an emergency.
(Code 1977, § 10.52.260)
No vehicle in excess of seven feet in width or 24 feet in length shall be parked on any street outside of the business loop between the hours of 8:00 p.m. and 4:00 a.m., except in case of an emergency, and for the necessary time to load and unload.
(Code 1977, § 10.52.270)
(a)
No vehicle shall be permitted to double park or double stop under the conditions set out in this section:
(1)
Within 50 feet of an intersection, except alley intersections, or within ten feet of an alley intersection;
(2)
Opposite a double parked or double stopped vehicle across the street;
(3)
When such double parking or double stopping would or does block or interfere materially with the normal movement of traffic;
(4)
When parking space adjacent to the curb is available;
(5)
When directed by a police officer to move on.
(b)
Vehicles not used ordinarily for the transportation of merchandise may double stop for the purpose of, but only while actually engaged in, the expeditious loading or unloading of passengers, subject, however, to all the general conditions set out in this section.
(c)
Vehicles used ordinarily for the transportation of merchandise may double park for the purpose of, but only while actually engaged in, the expeditious loading or unloading of merchandise, subject, however, to all the general conditions set out in this section. No such vehicle shall be double parked longer than ten minutes.
(Code 1977, § 10.52.280)
(a)
The director is authorized to erect signs indicating "no parking" upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet.
(b)
No person shall park a vehicle upon any street in violation of any such sign so erected.
(Code 1977, § 10.52.290)
No person shall park a vehicle upon any street or municipally owned property for the purpose of:
(1)
Displaying such vehicle for sale;
(2)
Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.
(Code 1977, § 10.52.300)
No person shall stand or park a vehicle in a roadway, other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within 18 inches of the curb or edge of the roadway, except as otherwise provided in this chapter.
(Code 1977, § 10.52.310)
State Law reference— Similar provisions, 47 O.S. § 11-1004(a).
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited from parking on any streets within the city limits with the following exceptions:
(1)
Designated truck routes;
(2)
Commercial and industrial areas;
(3)
For the explicit purpose of loading and unloading;
(4)
In those zoning districts where such activities are permitted.
(Code 1977, § 10.52.450)
No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.
(Code 1977, § 10.52.320)
No person shall park, cause to be parked, stop or leave unattended any vehicle as follows:
(1)
In a careless or negligent manner;
(2)
In such a manner as to endanger life, limb, person or property; or
(3)
In such a manner as to endanger or interfere with the lawful traffic or use of the streets.
(Code 1977, § 10.52.330)
(a)
Whenever any motor vehicle without a driver is found in violation of any ordinance or regulation governing the standing or parking of a vehicle, and the operator is not present, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its operator, and shall conspicuously affix a citation to the vehicle at a place reasonably likely to come to the notice of the operator.
(b)
The citation shall contain a date, time and specified location for the operator to appear and answer to the charge against him. The officer shall also deliver copies of the citation to the municipal court.
(c)
The operator of the vehicle shall be under the same obligation to respond to the citation as if it had been issued to him personally.
(Ord. No. 1028, § 1, 10-6-2009)
(a)
In any prosecution charging a violation of any ordinance, law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, law or regulation, together with proof that the defendant named in the complaint was, at the time of such parking or standing, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
(b)
The foregoing stated presumption shall apply only when the procedure as prescribed in section 114-416, has been followed.
(Ord. No. 1028, § 2, 10-6-2009)
(a)
If a violator of the restrictions on standing or parking a vehicle does not respond in obedience to a traffic citation affixed to the vehicle, on or before the appearance date given in the citation, the citation shall be deemed to be delinquent.
(b)
The municipal court clerk, after a citation has been deemed to be delinquent, shall send to the registered owner of the motor vehicle to which the traffic citation was affixed a summons to appear in court to answer for the delinquent citation.
(c)
In the event any person fails to comply with a traffic citation attached to a vehicle and fails to make an appearance pursuant to a summons directing their appearance in the municipal court of this city, the judge of such court may cause to be issued a warrant for their arrest.
(Ord. No. 1028, § 3, 10-6-2009)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial loading zone means all curb loading zones authorized and regularly used exclusively for the loading and unloading of merchandise for storage, trade, shipment or resale.
Passenger loading zone means all loading zones authorized and used regularly and exclusively for the loading and unloading of passengers, except bus stops, taxicab stands and stands for other passenger common carrier vehicles.
(Code 1977, § 10.60.010)
Cross reference— Definitions generally, § 1-2.
The director is authorized and required to approve the establishment of all loading zones on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such loading zone shall be designated by appropriate signs.
(Code 1977, § 10.60.070)
The director shall prepare and maintain a schedule of those locations designated as "loading zones." The schedule shall reflect any time limitations or other conditions placed on the loading zones. The schedule shall be designated as "schedule XV, loading zones." The original of schedule XV shall be kept on file in the office of the city clerk as a public record.
(Code 1977, § 10.60.110)
(a)
The commission is authorized to determine the location of passenger and commercial curb loading zones, and shall cause the director to place and maintain appropriate signs indicating the zones and stating the times during which the provisions of this section are applicable.
(b)
No person shall stand or park a vehicle in violation of such signs.
(Code 1977, § 10.60.020)
The director is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading and unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle.
(Code 1977, § 10.60.030)
No curb loading zone authorized and established as a passenger loading zone shall be used as a commercial loading zone, and no commercial loading zone shall be used as a passenger loading zone, except as may be specifically provided by law.
(Code 1977, § 10.60.040)
No person shall stop, stand or park a vehicle in a passenger curb loading zone for any purpose or period of time other than for the expeditious loading or unloading of passengers, during the hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three minutes.
(Code 1977, § 10.60.050)
No person shall stop, stand or park a vehicle in a commercial curb loading zone for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. Vehicles using any commercial loading zone shall be subject to the licensing requirements and regulations provided by this chapter.
(Code 1977, § 10.60.060)
(a)
The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided in this division.
(b)
The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone, except in case of an emergency.
(c)
The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
(d)
The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
(Code 1977, § 10.60.080)
No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and the appropriate signs are in place. The driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.
(Code 1977, § 10.60.090)
(a)
The driver of a vehicle shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic; provided, however, that no vehicle shall be backed into an intersection.
(b)
No vehicle shall be backed upon any street or highway, except for the purpose of entering or leaving a parked position, and then only after the driver of the vehicle has ascertained that such movement can be made without endangering other traffic.
(Code 1977, § 10.44.030)
State Law reference— Limitations on backing, 47 O.S. § 11-1102.
The driver of any vehicle, other than on official business, shall not follow closer than 500 feet, any fire apparatus traveling in response to a fire alarm, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(Code 1977, § 10.80.020)
State Law reference— Similar provisions, 47 O.S. § 11-1108.
No vehicle shall be driven over any unprotected hose of a fire department used at any fire or alarm of fire, without the consent of the fire department official in command.
(Code 1977, § 10.44.070)
State Law reference— Similar provisions, 47 O.S. § 11-1109.
No person in any automobile, taxicab, bus or truck, when such vehicle is parked, double parked or stopped, shall open any side door on the vehicle unless he first ascertains if any bicycle or motor vehicle is approaching from the rear within such a distance as will render hazardous the opening of the door.
(Code 1977, § 10.52.370)
State Law reference— Opening and closing vehicle doors, 47 O.S. § 11-1105.
Editor's note— Ord. No. 923, § 1, adopted Oct. 5, 2004, repealed § 114-455, which pertained to the removal of ignition keys in unattended motor vehicles and derived from the Code of 1977, § 10.52.380.
(a)
Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets or highways of the city, shall provide for the protection of such child by properly using a child passenger restraint system. For purposes of this section, the term "child passenger restraint system" means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R., Section 571.213.
(b)
Children at least six years of age but younger than 13 years of age shall be protected by use of a child passenger restraint system or a seat belt.
(c)
The provisions of this section shall not apply to:
(1)
The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;
(2)
The driver of an ambulance or emergency vehicle;
(3)
The driver of a vehicle in which all of the seat belts are in use;
(4)
The transportation of children who for medical reasons are unable to be placed in such devices; or
(5)
The transportation of a child who weighs more than 40 pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than 40 pounds. Provided, however, for purposes of this paragraph, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this paragraph if at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than 40 pounds.
(d)
A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section, and may issue a citation for violation or give an oral warning to the driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle.
(e)
Any person convicted of violating subsection (a) or (b) of this section shall be punished by a fine of $50.00 and shall pay all court costs thereof. This fine shall be suspended and the court costs limited to a maximum of $15.00 in the case of the first offense upon proof of purchase or acquisition by loan or gift of a child passenger restraint system.
(Code 1977, § 10.96.050; Ord. No. 951, § 1, 12-6-2005)
State Law reference— Child passenger restraints, 47 O.S. § 11-1112.
(a)
Every operator and front seat passenger of a passenger car operated in this state shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle safety standard 208. For the purposes of this section, the term "passenger car" shall mean a vehicle as defined in 47 O.S. § 1102, except that the term "passenger car" shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to the provisions of 47 O.S. § 1134.
(b)
The term "vehicle," as defined in 47 O.S. § 1102, means any type of conveyance or device in, upon or by which a person or property is or may be transported from one location to another upon the avenues of public access within the state. The term "vehicle" does not include bicycles, trailers, except travel trailers and rental trailers, or implements of "husbandry" as defined in 47 O.S. § 1-125.
(c)
This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in the state that he is unable to wear a safety seat belt system for medical reasons, provided, the issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever, in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service.
(d)
Fine and court costs for violating this section may be assessed in an amount not to exceed $20.00.
(Code 1977, §§ 10.96.010—10.96.040; Ord. No. 678, § 1, 11-18-1997)
State Law reference— Seat belts, 47 O.S. § 12-416 et seq.
(a)
A vehicle parked upon a street or highway outside of a business or residential district during the hours between one-half hour after sunset and one-half hour before sunrise shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of 500 feet to the front of the vehicle and a red light visible from a distance of 500 feet to the rear of such vehicle.
(b)
Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
(Code 1977, § 10.52.390)
State Law reference— Lamps on parked vehicles, 47 O.S. § 12-214.
All commercial trucks which exceed a gross vehicle weight (GVW) of five tons (10,000 pounds GVW) are prohibited to load or unload between the hours of 10:00 p.m. and 4:00 a.m. within the city limits with the following exceptions:
(1)
Designated truck routes;
(2)
Commercial and industrial zones.
(Code 1977, § 10.52.420)
Vehicles carrying explosives or flammable materials are prohibited from parking within the city limits with the following exceptions:
(1)
For the explicit purpose of loading or unloading;
(2)
In those zoning districts where such activities are permitted.
(Code 1977, § 10.52.430)
Vehicles carrying explosives or flammable materials shall be prohibited from loading or unloading between the hours of 9:00 p.m. and 5:00 a.m. within the city limits, except in those zoning districts where such activities are permitted.
(Code 1977, § 10.52.440)
(a)
Every motor vehicle, other than a motorcycle, operated upon any highway or street shall be equipped with brakes adequate to control the movement of such vehicle, to stop and to hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b)
On all motor vehicles, except those covered by subsection (e) of this section, equipped with four wheel brakes, the service brake shall be capable of stopping the motor vehicle from a speed of 20 miles per hour within a distance of 25 feet.
(c)
All motor vehicles, except those covered by subsection (e) of this section, equipped with only two wheel brakes, shall have the service brakes so adjusted as to stop the vehicle from a speed of 20 miles per hour within a distance of 37½ feet.
(d)
Braking effort on front wheels shall not be less than two-thirds of the braking effort on rear wheels, except in cases where factory specifications call for a greater braking power ratio. In that event, not more than 15 percent variation from factory specifications will be permitted. Braking effort on one front wheel or one rear wheel shall not be less than four-fifths of the braking effort of the opposite front wheel or rear wheel.
(e)
Buses, trucks, truck-tractors and every combination of motor vehicles shall be equipped with brakes upon one or more of the vehicles, adequate to stop and to hold the vehicles or combination of motor vehicles. Every motor vehicle, or combination of motor vehicles, according to its type, and exceeding 7,000 pounds gross vehicle weight, shall be capable of stopping within the following distances at all times and under all conditions of loading:
(1)
Where equipped with brakes on all wheels the stopping distance shall be 30 feet at a speed of 20 miles per hour;
(2)
Where not equipped with brakes on all wheels, the stopping distance shall be 45 feet at a speed of 20 miles per hour. Total braking effort on front wheels shall be not less than one-third of the total of the rear wheels. Variations from side to side shall be the same as provided in subsection (d) of this section.
(f)
All tests shall be applied on dry, hard, smooth, level pavement, free from loose material.
(g)
The pedal on the brakes shall have at least one inch clearance from the floorboard of the vehicle upon the first application of the pedal.
(Code 1977, § 10.68.030)
State Law reference— Brakes, 47 O.S. § 12-301 et seq.
(a)
Every motor vehicle, other than a motorcycle, operated upon any street or highway shall be equipped with a power-operated device in good working condition for cleaning rain, snow or any other moisture from the windshield of the vehicle. The device shall be so constructed as to be controlled and/or operated by the operator of the vehicle.
(b)
Windshields and windows of vehicles shall be in good condition and kept clean to such a degree that the vision of the driver or occupants of such vehicles shall not be hindered or impaired.
(c)
No vehicle constructed or enclosed in such a manner as to prevent the driver from having a clear view of the highway ahead and approaches to the side shall be driven on a highway.
(Code 1977, § 10.68.050)
State Law reference— Windshields and windshield wipers, 47 O.S. § 12-401.
(a)
No person shall operate a motor vehicle on city streets, roads, alleys or state highways within the city when the percentage of tint on the front windshield, the side windows to the immediate right or left of the driver, the side wings forward of and to the left and right of the driver, exceeds the 30 percent tint available as a factory option.
(b)
The provisions of this section shall not apply to implements of husbandry, which are defined as follows:
(1)
Every vehicle designed and adopted exclusively for agricultural, horticultural or livestock-raising operations, or for lifting or carrying an implement of husbandry, and in either case, not subject to registration if used upon the highways.
(2)
Farm wagon type tank trailers of not over 1,200 gallons' capacity, used during the liquid fertilizer season as field storage nurse tanks, supplying the fertilizer to a field applicator and moved on a highway only for bringing the fertilizer from a local source of supply to farms or fields, or from one farm or field to another, shall be considered implements of husbandry for purposes of this division.
(3)
Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market, or for the purpose of transporting to the farm material or things to be used thereon, shall also be considered implements of husbandry for purposes of this division.
(c)
This section does not apply to persons holding an exemption to the requirements of 47 O.S. § 12-421 issued or authorized by the state department of public safety, as provided in 47 O.S. § 12-421.B, which states as follows: On application from a person required for medical reasons to be shielded from the direct rays of the sun, supported by written attestation of that fact from a licensed physician, the department of public safety may issue an exemption from the requirements of this section for a motor vehicle belonging to the person or in which the person is a habitual passenger.
(Code 1977, §§ 10.98.010, 10.98.020)
State Law reference— Restrictions on use of glass coating materials or sun screening devices on windshields and windows, 47 O.S. § 12-422.
Every motor vehicle operated upon any street or highway shall be equipped with a mirror so located as to reflect to the driver a view of the highway to the rear of the vehicle. The mirror shall be kept clean at all times.
(Code 1977, § 10.68.060)
State Law reference— Mirrors, 47 O.S. § 12-403.
Every motor vehicle operated upon any street or highway shall be provided with a warning device which shall produce an abrupt sound sufficiently loud to serve as an adequate warning of danger.
(Code 1977, § 10.68.070)
State Law reference— Horns and warning devices, 47 O.S. § 12-401.
No vehicle which is equipped with pneumatic tires shall be driven, transported or hauled over any street or highway on the metal rim or wheel, or when the tire is flat or uninflated. No vehicle equipped with solid rubber tires shall be driven or transported over any street or highway when the wearing or driving surface of such tires is not full, smooth and round, or when any part of the wearing surface is broken out or removed.
(Code 1977, § 10.68.070)
State Law reference— Tires, 47 O.S. § 12-405.
(a)
No vehicle, other than an authorized emergency vehicle, shall be driven over any street or highway with any attachment affixed in any manner to the exhaust pipe of the vehicle that is or may be used as a signal, siren or horn.
(b)
No person shall drive any motor vehicle, including motor scooters, motorcycles and trucks, over any street or highway with the exhaust pipe of such vehicle open or leaking, or permit any exhaust from the engine to escape, other than through and from a muffler duly maintained on all motor vehicles in good working order to prohibit unnecessary noise.
(c)
No person shall modify the exhaust system of a motor vehicle, including motor scooters, motorcycles and trucks, in a manner which will amplify or increase the noise emitted from such exhaust system to a louder level than that emitted by the muffler originally installed on the vehicle.
(Code 1977, § 10.68.090)
State Law reference— Mufflers and prevention of noise, 47 O.S. § 12-402.
No vehicle shall be equipped with a bell, except fire apparatus, police cars and emergency cars belonging to the city. No vehicle belonging to the city shall be equipped with a siren, except upon written order of the city manager.
(Code 1977, § 10.68.100)
State Law reference— Horns and warning devices, 47 O.S. § 12-401.
(a)
Every trailer, semitrailer or house trailer shall be equipped with a coupling device which shall be so designed and constructed that the trailer, semitrailer or house trailer will follow substantially in the path of the vehicle drawing it without whipping or swerving from side to side.
(b)
Every trailer, semitrailer or house trailer, except a semitrailer drawn by a truck-tractor, shall be coupled with stay chains or cables to the vehicle by which it is being drawn. The chains or cables shall be of sufficient size and strength to prevent parting from the drawing vehicle should the regular coupling device break or become otherwise disengaged.
(Code 1977, § 10.68.150)
State Law reference— Trailer coupling device, 47 O.S. § 12-405(F).
No person shall operate upon any street or highway any vehicle which is loaded with material extending more than two feet in any direction from the body of the vehicle, unless there is attached to the material a red flag by day and a red or ruby light by night at the extreme end of the extended material.
(Code 1977, § 10.68.140)
State Law reference— Lamp on flag on projecting load, 47 O.S. § 12-213.
In addition to all other requirements, motorcycles and motor scooters shall be equipped with the following:
(1)
Two mirrors containing a reflection surface of not less than three inches in diameter, mounted one on each side of the vehicle and positioned so as to enable the operator of the vehicle to view clearly the roadway for a distance of 200 feet to the rear of such vehicle;
(2)
A windshield of sufficient quality, size and thickness to protect the operator from foreign objects. In lieu of such windshield, the operator shall wear goggles or a face shield of material and design to protect him from foreign objects;
(3)
Brakes adequate to control the movement of the vehicle, to stop and hold the vehicle, including two separate means of applying the brakes. One means shall be effective to apply the brakes to the front wheel and one means shall be effective to apply the brakes to the rear wheels;
(4)
A properly operating speedometer capable of registering at least 35 miles per hour;
(5)
A fender over each wheel. All fenders shall be of the type provided by the manufacturer;
(6)
At least one lighted headlamp capable of showing a white light visible at least 300 feet in the direction in which the vehicle is proceeding, and one taillamp mounted on the rear which, when lighted, shall emit a red light plainly visible from at least 300 feet to the rear of such vehicle. The lights shall be burning whenever the vehicle is in motion during the period from one-half hour after sunset to one-half hour before sunrise, and at any other time when due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernible at a distance of at least 500 feet ahead of such vehicle;
(7)
No person under 18 years of age shall operate or ride upon any motorcycle or motor scooter unless such person is equipped with and wearing on his head a crash helmet of a type which complies with standards established by the department of public safety. All crash helmets shall consist of lining, padding and chin strips, and be of the type as not to distort the view of the driver.
(Code 1977, §§ 10.68.160, 10.68.170)
State Law reference— Required equipment for motorcycles and motor scooters, 47 O.S. § 40-105.
(a)
It shall be unlawful for any person to operate any motor vehicle with a dynamic braking device engaged within the city limits of Mustang, Oklahoma, except for the purpose of avoiding imminent danger or in case of wheel brake failure.
(b)
For purposes of this section a dynamic braking device (commonly referred to as jake brakes, jacobs brake, engine brake, or compression brake) means a device on a motor vehicle, primarily on trucks, for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
(c)
The provisions of this section shall not apply to authorized emergency vehicles.
(Ord. No. 870, § 1, 10-21-2003)
(a)
All vehicles driven on any street or highway, except motorcycles and bicycles, shall carry two lighted headlamps with a minimum candlepower for each headlamp of 21, one lighted lamp in the rear showing a red light, and a white light on the registration number plate of the vehicle so that it may be clearly read at a distance of 50 feet. Such vehicles shall also be equipped with stoplights having attached thereto red reflectors.
(b)
All lights shall be kept burning during the period from one-half hour after sunset to one-half hour before sunrise when such vehicles are in motion on the highway.
(Code 1977, § 10.68.010)
State Law reference— When lighted lamps are required, 47 O.S. § 12-201; headlamps on motor vehicles, 47 O.S. § 12-203; taillamps, 47 O.S. § 12-204; reflectors, 47 O.S. § 12-205.
(a)
No vehicle equipped with glaring, blinding or dazzling lights shall be operated or driven over any street or highway. Any light which, when thrown or reflected into the eyes of pedestrians or drivers, is of sufficient intensity or degree as to hinder or impair the ordinary vision of such pedestrian or driver shall be deemed glaring, blinding or dazzling. The use of any mechanical device, fixture, preparation or composition in or about any flame, globule, lamp, reflector or lens of such light, which will in any manner whatsoever limit or diminish, except by diffusion, the candlepower ordinarily produced by such light, is prohibited.
(b)
Headlamps must have high and low beams. None of the high intensity portion of the upper beam shall project above 42 inches above the level on which the vehicle stands at a distance of 75 feet. The lamps shall be directed along the path in which the vehicle travels.
(c)
Lenses and reflectors must be clean, in good condition and the right side up.
(Code 1977, § 10.68.020)
State Law reference— Multiple and single beam lighting equipment, 47 O.S. § 12-221 et seq.
(a)
Any motor vehicle may be equipped with an electrical or mechanical signal device which shall indicate that the driver is about to change the course of his vehicle.
(b)
The signal device shall indicate the direction in which the vehicle proposes to change its course, and shall be so attached to the vehicle that the drivers of any vehicles following or approaching such vehicle shall be able to plainly see the direction indicated.
(c)
The signal device shall at all times be maintained in a good working condition so that when put into use it will clearly indicate the direction in which the operator of any vehicle proposes to travel.
(Code 1977, § 10.69.110)
State Law reference— Stop lamps and turn signals, 47 O.S. § 12-206.
(a)
No person shall operate upon any street or highway any motor vehicle which has mounted thereon any headlamp or light equipped with a red or semi-red lens or electric bulbs, other than brake and taillights.
(b)
The provisions of this section shall not apply to motor vehicles of the fire and police department, motor vehicles of peace officers operated within their lawful jurisdiction, or any other authorized emergency vehicle provided for by this chapter.
(Code 1977, § 10.68.120)