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Sec. 1-6 Curb loading zone.
A space adjacent to a curb reserved for the exclusive use
of
vehicles during the loading or unloading of passengers or
materials.
Sec. 1-7 Driver.
Every person who drives or is in actual physical
control of a
vehicle.
Sec. 1-8 Highway.
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.
Sec. 1-9 Intersection.
(a) The area embraced within the prolongation or
connection
of the lateral curb lines, 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.
(b) Where a highway
includes two roadways 30 feet or more
apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a
separate intersection. In the event such 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.
Sec. 1-10 Motor vehicle.
Every vehicle which is self-propelled and every vehicle
which
is propelled by electric power obtained from overhead trolley
wires, but not operated upon rails.
Sec. 1-11 Motorcycle.
Every motorcycle having a seat or saddle for the use of
the
rider and designed to travel on not more than three wheels in
conflict with the ground, but excluding a tractor.
Sec. 1-12 Official time standard.
Whenever certain hours are named herein they shall mean
standard time or daylight-savings time as may be in current use
in this town.
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Sec. 1-13 Official traffic-control devices. All signs,
signals, markings and devices not
inconsistent with this
ordinance placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
Sec. 1-14 Park or parking.
Means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while engaged
in loading or unloading merchandise or passengers.
Sec. 1-15 Passenger curb loading zone.
A place adjacent to a curb reserved for the exclusive
use of
vehicles during the loading or unloading of passengers.
Sec. 1-16 Pedestrian.
Any person afoot.
Sec. 1-17 Person.
Every natural person, firm, copartnership, association or
corporation.
Sec. 1-18 Police officer.
Every officer of the municipal police department of
any
officer authorized to direct traffic or to make arrests for
violations of the traffic regulations.
Sec. 1-19 Private road or driveway.
Every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
Sec. 1-20 Railroad.
A carrier of persons or property upon cars, other than
streetcars, operated upon stationary rails.
Sec. 1-21 Railroad train.
A steam engine, electric or other motor, with or
without cars
coupled thereto, operated upon rails, except streetcars.
Sec. 1-22 Right of Way.
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
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give rise
to danger of collision unless one grants precedence to
the other.
Sec. 1-23 Roadway.
That portion of a highway improved,
designed or ordinarily
used for vehicular travel, exclusive of the
berm
or shoulder. In
the even a highway includes two or
more
separate roadways the
term "roadway" as used herein shall refer to any such roadway
separately but not to all such roadways collectively.
Sec. 1-24 Sidewalk.
That portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines,
intended for the use of pedestrians.
Sec. 1-25 Stand or standing.
Means the halting of a vehicle, whether occupied or not,
otherwise than for the purpose of and while actually engaged in
receiving or discharging passengers.
Sec. 1-26 Stop.
When required means complete cessation from movement.
Sec. 1-27 Stop or stopping.
When prohibited means any halting even momentarily of a
vehicle, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions
of a police officer or traffic-control sign or signal.
Sec. 1-28 Street or highway.
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 the purposes of vehicular travel.
Sec. 1-29 Through highway.
Every highway or portion thereof on which vehicular
traffic
is given preferential right of way, and at the entrances to which
vehicular traffic from intersecting highways is required by law
to yield right of way to vehicles on such through highway in
obedience to either a stop sign or a yield sign, when such signs
are erected as provided in this ordinance.
Sec. 1-30 Traffic.
Pedestrians, ridden or herded animals, vehicles,
streetcars
and other conveyance either singly or together while using any
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highway for purposes of travel.
Sec. 1-31 Traffic-control signal.
Any device,
whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and
permitted to proceed.
Sec. 1-32 Vehicle.
Every device in, upon or by which any person or property
is
or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails
q]
tracks.
ARTICLE II
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
Sec. 2-1 Authority of police and fire department officials.
(a) It shall be the duty of the officers of the police
department or such officers as are assigned by the chief of
police to enforce all street traffic laws of this town and all
State vehicles laws applicable to street traffic in this town.
(b) Officers of the police
department or such officers as
are assigned by the chief of police are hereby authorized to
direct all traffic by voice, hand, or signal in
conformance
with
traffic laws, provided that, in the event of a fire or other
emergency or to expedite traffic or to safeguard
pedes.trians,
officers of the police department may
direct traffic as
conditions may require notwithstanding the provisions of the
traffic laws.
(c) Officers of the
fire department,
when at the scene of a
fire, may direct or assist the police in directing traffic there
at or in the immediate vicinity.
Sec. 2-2A Required obedience to traffic ordinance.
It is a misdemeanor for any person to do any act
forbidden or
fail to perform any set required in this ordinance.
Sec. 2-2B Obedience to police and fire department officials.
No person shall willfully fail to comply with any lawful
order or direction of a police officer or fire department
official.
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sec. 2-3 Persons propelling push carts or riding animals
to
obey traffic regulations.
Every person propelling any push cart or riding an animal
upon a roadway, and every person driving any animal-drawn
vehicle, shall be subject to the provisions of this ordinance
applicable to the driver of any vehicle, except those provisions
of this ordinance which by their very nature can have no
application.
Sec. 2-4 Use of coasters, roller skates and
similar devices
restricted.
No person upon roller skates, or riding in or by means of
an^
coaster, toy vehicle, or similar device,
shall go upon any
roadway except while crossing a street on a cross walk and when
so crossing such person shall be granted all of the rights and
shall be subject to all of the duties applicable to pedestrians.
This section shall no apply upon any street while set aside as a
play street as authorized by ordinance of this town.
Sec. 2-5 Public employees to obey traffic
regulations.
The provisions of this ordinance shall apply to the driver
oi
any vehicle owned by or used in the
service of the United States
Government, this State, county, or the Town of Jay, and it shall
be unlawful for any said driver to violate any of the provisions
of this ordinance, except ass otherwise permitted in this
ordinance or by State statute.
Sec. 2-6 Authorized emergency vehicles.
(a) The driver of an authorized emergency vehicle,
when
responding to an emergency call or when in the pursuit of an
actual or suspected violator of the law or when responding to but
not upon returning from a fire alarm, may exercise the privileges
set forth in this section, but subject to the conditions herein
stated.
(b) The driver of an
authorized emergency vehicle may:
1. Park or stand, irrespective of the
provisions of
this ordinance;
2. Proceed past a red or stop signal or stop
sign, but
only after slowing down as may be necessary for
safe operation;
3. Exceed the maximum speed limits so long as
he does
not endanger life or property;
4. Disregard regulation governing direction of
movement
or turning in specified directions.
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(c) me exemptions
herein
granted to an authorized emergence
vehicle shall apply only when the driver
of any said vehicle
while in motion
sounds audible signal by bell or siren as may be
reasonably necessary and then the vehicle is equipped with at
least one lighted lamp displaying a red or blue light visible
under normal atmospheric conditions from a distance of 500 feet
to the front of such vehicle, except than an authorized vehicle
operated as a police vehicle need not be equipped with or display
a blue light visible from in front of the vehicle.
(d) The foregoing
provisions shall not relieve the driver of
an authorized emergency vehicle from the duty to drive with the
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.
Sec. 2-7 Operation of a vehicle on approach of
authorized
emergency vehicles.
(a) Upon the immediate approach of an
authorized emergency
vehicle making
use of audible and visual signals meeting the
requirements of the laws of this State, or of a police vehicle
property and lawfully making use of an audible signal only:
1. The driver of every other shall
yield
the right of
way and shall immediately drive to a position
parallel to, and as close as possible to, the
right-hand edge or curb of the roadway clear of any
intersection and shall stop and remain in such
position until the authorized emergency vehicle has
passed, except when otherwise directed by a police
officer.
(b) This section shall not
operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
ARTICLE III
TRAFFIC CONTROL DEVICES
Sec. 3-1 Authority to establish play streets.
The town manager shall have the authority to declare any
streets or part thereof a play street and to place appropriate
signs or devices in the roadway indicating and helping to protect
the same.
Sec. 3-2 Play streets.
Whenever authorized signs are erected indicating any
street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof except drivers of
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vehicles having business or whose residence are within
such
closed area, and then any said driver shall exercise the greatest
care in driving upon any such street or portion thereof.
ARTICLE IV
STOP AND YIELD INTERSECTIONS, RAILROAD CROSSINGS, ETC.
Sec. 4-1 Signs required at through streets.
Whenever any ordinance of this town designates and
describes
a through street it shall be the duty of the town manager to
place and maintain a stop sign, or on the basis of an engineering
and traffic investigation at any intersection a yield sign, on
each and every street intersecting such through street unless
traffic at any such intersection is controlled at all times by
traffic-control signals, provided, however, that 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 said
streets as may be determined by the town manager upon the basis
of an engineering and traffic study.
Sec. 4-2 Other intersections where stop or yield
required.
The town manager is hereby authorized to determine and
designate intersections where particular hazard exists upon other
than through streets and to determine (a) whether vehicles shall
stop at one or more entrances to any such intersection, in which
even the shall cause to be erected a stop sign at every place
where a stop is required, or
(b)
whether vehicles shall yield the
right of way to vehicles on a different street at such
intersection in which event he shall cause to be erected a yield
sign at every place where obedience thereto is required.
Sec. 4-3 Stop signs and yield signs.
(a) The driver of a vehicle approaching a yield sign if
required for safety to stop shall stop before entering the cross
walk on the near side of the intersection, or in the even there
is no cross-walk, 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.
(b) Except when direct to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a
stop intersection indicated by a stop sign shall stop before
entering the cross walk on the near side of the intersection, in
the event there is not cross walk, 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.
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Sec. 4-4 Vehicle
entering
stop intersection.
Except when directed to proceed by a police officer or
traffic-control signal,
every driver of a vehicle approaching a
stop intersection indicated by a stop sign shall stop as required
by Sec. 4-3(b)
and after having stopped shall yield right of way
to any vehicle which has entered the intersection from another
highway or which is approaching so closely on said highway as to
constitute an immediate hazard during the time when such driver
is moving across or within the intersection.
Sec. 4-5 Vehicle entering yield intersection.
The driver of a vehicle approaching a yield sign shall in
obedience to such sign slow down to a speed reasonable for the
existing conditions and shall yield the right of way to any
vehicle in the intersection or approaching on another highway so
closely as to constitute an immediate hazard during the time such
driver is moving across or within the intersection; provided,
however, that if such a driver is involved in a collision with a
vehicle in the intersection, after driving past a yield sign
without stopping, such collision shall be deemed
prima
facie
evidence of his failure to yield right of way.
Sec. 4-6 Emerging from alley, driveway or building.
The driver of a vehicle within a business or residence
district emerging from an alley, driveway or building shall stop
such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across any alleyway or driveway, and
shall yield the right of way to any pedestrian as may be
necessary to avoid collision, and upon entering the roadway shall
yield the right of way to all vehicles approaching on said
roadway.
Sec. 4-7 Stop when traffic obstructed.
No driver shall enter an intersection or a marked cross
walk
unless there is sufficient space on the other side of the
intersection or cross walk to accommodate the vehicle he is
operating without obstructing the passage of other vehicles or
pedestrians, notwithstanding any traffic-control signal
indicating to proceed.
ARTICLE
V
MISCELLANEOUS DRIVING RULES
Sec. 5-1 Following fire apparatus prohibited.
The driver of any vehicle other than one on official
business
shall not follow any fire apparatus traveling in response to a
fire alarm closer than 500 feet or drive into or park such
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vehicle
within
the block
where fire
apparatus has stopped in
answer to a fire alarm.
Sec. 5-2 Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a
fire department when laid down on any street or private driveway,
to be used at any fire or alarm of fire,
without the consent of
the fire department official in command.
Sec. 5-3 Driving through funeral or other procession.
No driver of a vehicle shall drive between the vehicles
comprising a funeral or other authorized procession while they
are in motion and when such vehicles are conspicuously designated
as required in this ordinance. This provision shall not apply at
intersections where traffic is controlled by traffic-control
signals or police officers.
Sec. 5-4 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 practicable and
shall follow the vehicle ahead as close as is practicable and
safe.
Sec. 5-5 Funeral processions to be identified.
A funeral composed of a procession of vehicles shall be
identified as such by the display upon the outside of each
vehicle as a pennant or other identifying insignia or by such
other method as may be determined and designated by the traffic
division.
Sec. 5-6 When permits required for parades and
processions.
No procession or parade containing 5 or more persons or 3
or
more vehicles except the forces of the United States Army or
Navy, the military forces of this State and the forces of the
police and fire departments, shall occupy, march or proceed along
any street except in accordance with a permit issued by the chief
of police and such other regulations as are set forth herein
which may apply.
Sec. 5-7 Vehicle shall not be driven on a sidewalk.
The driver of a vehicle shall not drive within any
sidewalk
area except at a permanent or temporary driveway.
Sec. 5-8 Limitations on backing.
The driver of a vehicle shall not back:
the same unless such
movement can be made with reasonable safety and without
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interfering
with other traffic.
Sec. 5-9 Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the
side
available to moving traffic unless and until it is reasonably
safe to do so, nor shall any person leave a door open on the side
of a motor vehicle available to moving traffic for a period of
time longer than necessary to load or unload passengers.
Sec. 5-10 Riding on motorcycles.
A person operating a motorcycle shall ride only upon the
permanent and regular seat attached thereto, and such operator
shall not carry any other person nor shall any other person ride
on a motorcycle unless such motorcycle is designed to carry more
than one person, in which event a passenger may ride upon the
permanent seat if designed for two persons, or upon another seat
firmly attached to the rear or side of the operator.
Sec. 5-11 Clinging to vehicles.
No person riding upon any bicycle, coaster, roller skates,
sled or toy vehicles shall attach the same or himself to any
vehicle upon a roadway.
Sec. 5-12 Loud, unusual, or unnecessary noise.
No person shall operate a motor vehicle, on any way, in
such
a manner as to permit any loud, unusual, or unnecessary noise
with the tires of said vehicle.
ARTICLE VI
METHOD OF PARKING
Sec. 6-1 Parallel parking or stopping.
No vehicle shall be stopped or parked in a roadway other
than
parallel with the edge or curb of the roadway, headed in the
direction of traffic, and with the curb-side wheels of the
vehicle within twelve (12) inches of the edge or curb of the
roadway, except upon those streets which have been marked or
signed for angle parking, in which event vehicles shall be parked
at the angle to the curb indicated by
such marks or signs.
Amended 10/1/84.
Sec. 6-2 Signs or markings indicating angle parking.
(a) The Town manager shall determine upon what streets
angle
parking shall be permitted and shall mark or sign such streets
but such angle parking shall not be indicated upon any Federal-
aid or State highway within this town unless the State highway
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(b) Angle parking shall
not be indicated or permitted at any
place where passing traffic would thereby be caused or required
to drive upon the left side of the street.
Sec. 6-3 Obedience to angle-parking signs or markings.
On those streets which have been signed or
marked
by the Town
manager for angle parking, no person shall park or stand a
vehicle other than at the angle curb or edge of the roadway
indicated by
such signs or markings.
Sec. 6-4 Lamps on parked vehicles.
(a) Whenever a vehicle is lawfully parked upon a street or
highway during the hours between a half hour after sunset and a
half hour before sunrise and in the event there is sufficient
light to reveal any person or object within a distance of 500
feet upon such street or highway no lights need be displayed upon
such parked vehicle.
(b) Whenever a vehicle is parked or stopped upon a roadway
or shoulder adjacent thereto, whether attended or unattended,
during the hours between a half hour after sunset and half hour
before sunrise and there is not sufficient light to reveal any
person or object within a distance of 500 feet upon such highway,
such vehicle so parked or stopped shall be equipped with one or
more lamps meeting the following requirements: At least one lamp
shall display a white or amber light visible from a distance of
500 feet to the front of the vehicle, and the same lamp or at
least one other lamp shall display a red light visible from a
distance of 500 feet to the rear of the vehicle,
and the location
of said lamp or lamps shall always be such that at least one lamp
or combination of lamps meeting the requirements of this section
is installed as near as practicable to the side of the vehicle
which is closest to passing traffic. The foregoing provisions
shall not apply to a motor driven cycle.
(c) Any lighted head lamps
upon a parked vehicle shall be
depressed or dimmed.
ARTICLE VII
STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED
PLACES
Sec. 7-1 Stopping, standing or parking
prohibited.
(a) Except when necessary to avoid conflict with other
traffic, or in compliance with law or the directions of a police
officer or official traffic-control device, no person shall:
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Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or
parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a cross walk;
e. Alongside or
opposite any street excavation or
obstruction when stopping, standing, or
parking would obstruct traffic;
f. Upon any bridge or
other elevated structure
upon a highway or within a highway tunnel;
g.
On any railroad tracks;
h. At any place where
official signs prohibit
stopping.
Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge
a
passenger or passengers:
a.
In front of a public or private driveway;
b.
Within 15 feet of a fire hydrant;
c. Within 10 feet of cross walk at an
intersection;
d. Within 10 feet upon the approach to any stop
sign or traffic-control signal located at the
side of a roadway;
e. Within 20 feet of the driveway entrance to any
fire station and on the side of a
street
opposite the entrance to any fire station
within 75 feet of said entrance.
Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually
engaged in loading or unloading merchandise or
passengers:
a. At any place where official signs prohibit
parking.
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(b) No person shall move a
vehicle not lawfully under his
control into any such prohibited area or away from a curb such a
distance as is unlawful.
Sec. 7-2 Parking not to obstruct traffic.
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 10 feet of the width of the roadway for free
movement of vehicular traffic.
Sec. 7-3 Winter parking.
No person shall park a vehicle on any street for a period
of
time longer than 30 minutes between the hours of midnight and
6:00 a.m. of any day from November 1 to April 15 inclusive,
except physicians on emergency calls.
Sec. 7-4 Parking for certain purposes prohibited.
No person shall park a vehicle upon any roadway for the
principal purpose of:
1. Displaying such a vehicle for sale.
2. Washing, greasing or repairing such vehicle
except
repairs necessitated by an emergency.
Sec. 7-5 Parking prohibited on narrow streets.
(a) The Town manager is hereby authorized to erect signs
indicating no parking upon one side of a street as indicated by
such signs when the width of the roadway
does not exceed 30 feet.
(b) When official signs prohibiting parking are erected
upon
narrow streets as authorized herein, no person shall park a
vehicle upon any such street in violation of any such sign.
Sec. 7-6 Standing or parking on one-way streets.
The Town manager is authorized to erect signs upon the
left-
hand side of any one-way street to prohibit the standing or
parking of vehicles, and when such signs are in place, no person
shall stand or park a vehicle upon such left-hand side in
violation of any such sign.
Sec. 7-7 Standing or parking on one-way roadways.
In the event a highway includes two or more separate
roadways
and traffic is restricted to one direction upon any such roadway,
no person shall stand or park a vehicle upon the left-hand side
of such one-way roadway unless signs are erected to permit such
standing or parking. The town manager is authorized to determine
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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.
Sec. 7-8 No stopping, standing or parking
near hazardous or
congested places; vehicles found in such places
towed or booted.
The town manager is hereby authorized to designate by
proper
signs certain areas wherein the stopping, standing or parking of
vehicles would create especially hazardous conditions or would
usually delay or severely impede the flow of traffic. If a
vehicle is found stopped, standing or parked in such areas, the
Chief of Police is hereby authorized to impound or, at his
discretion, immobilize the violating vehicle in accordance with
Sections 9A-1 - 9A-6 of this ordinance.
(A) The signs required by this section shall be marked
with
the words "No
parking-tow-away-zone" in letters
reasonably
readable from a vehicle.
(B) The presence of such
signs as required by this section
shall constitute notice to all persons that vehicles will be
impounded or immobilized if found in violation of this section.
Amended 10/1/84.
ARTICLE VIII
STOPPING, STANDING, OR PARKING RESTRICTED
OR PROHIBITED ON CERTAIN STREETS
Sec. 8-1 Application of article.
The provision of this article prohibiting the standing or
parking of a vehicle shall apply at all times or at those times
herein specified or as indicated on official signs except when i1
is necessary to stop a vehicle to avoid
conflict with other
traffic or in compliance with the directions of a police officer
or official traffic-control device.
Sec. 8-2 Regulations not exclusive.
The provisions of this article imposing a time limit on
parking shall not relieve any person from the duty to observe
other and more restricting provisions prohibiting or limiting the
stopping, standing or parking of vehicles
in specified places or
at specified times.
Sec. 8-3 Parking time limited on certain streets.
When signs are erected in each block giving notice
thereof,
no person shall park a vehicle for longer than 1 hour at any time
between the hours of 6:00 a.m. and 8:00
p.m. of any day except
Sundays and public holidays within the district or upon any of
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Sec. 8-4 Parking signs required.
Whenever by this or any other ordinance of this town any
parking time limit is imposed or parking is prohibited on
designated streets it shall be the duty of the town manager to
erect appropriate signs giving notice thereof and no such
regulations shall be effective unless said signs are erected and
in place at the time of any alleged
offense.
ARTICLE IX
PENALTIES AND PROCEDURE ON ARREST
Sec. 9-1 Citation on Illegally Parked, Unoccupied Vehicles
Whenever an officer finds any motor vehicle parked or
stopped
in violation of any of the provisions of this ordinance or of any
provisions of State law, such officer shall:
(A) conspicuously affix to the vehicle a
traffic
citation on a form to be approved by the town
manager. The citation shall identify the
registration number of the vehicle and shall
specify the violation committed; and
(B) take
the registration of the vehicle together with
any other information displayed on the vehicle
which may identify its owner. The officer shall
cause the registration number of the vehicle to be
taken in such manner that it is not lost.
Sec. 9-2(A) General penalty
for violation of ordinance.
Whoever shall be guilty of violating any provision of this
ordinance shall be liable in a civil action for a fine not
exceeding five hundred dollars ($500.00),
to be recovered for the
use of the town on complaint or by other appropriate action
before the district court. The selectmen shall by resolution
determine the fine for each specific violation of this ordinance.
(B) Waiver fees.
In lieu of court action to recover the fine specified in
Section 9-2(A) above, a person violating any provision of this
ordinance may, if a summons has not been issued, elect to pay the
appropriate waiver fee. Waiver fees may be set by resolution of
the selectmen.
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Sec. 9-3 Presumption in reference to illegal parking.
In any prosecution charging a violation of this ordinance
or
any law governing the stopping, standing or parking of a vehicle,
the fact that a vehicle is unlawfully parked shall constitute
prima
facie evidence of the parking of such vehicle by the
registered owner thereof.
Sec. 9-4 Authority to impound vehicles.
(A) Members of the police department are hereby authorized
to remove
a vehicle from a street or highway to the nearest
garage or other place of safety, or to a garage designated or
maintained by the police department, or otherwise maintained by
this town under the circumstances hereinafter enumerated.
(1) When any vehicle is left unattended
upon any
bridge, viaduct, or causeway, or in any tube
or
tunnel where such vehicle constitutes an
obstruction to traffic.
(2) When a vehicle upon a highway is so
disabled as to
constitute an obstruction to traffic and the person
or persons in charge of the vehicle are by reason
of physical injury incapacitated to such an extent
as to be unable to provide for its custody or
removal.
(3) When any vehicle is left unattended
upon a street
and is so parked illegally as to constitute a
definite hazard or obstruction to the normal
movement of traffic.
(4) When any vehicle has accumulated the
number of
outstanding parking violations specified in
Section
9A-2.
(B) Whenever an officer
removes a vehicles from a street as
authorized by this section and the officer knows or is able to
ascertain from the registration records in the vehicle the name
and address of the owner thereof, such officer shall immediately
give or cause to be given notice in writing to such owner of the
fact of such removal and the reasons therefor and the place to
which such vehicle has been removed.
Sec. 9-5 Disposition of waiver fees and forfeitures.
All waiver fees or fines collected as a result of any
violation of this ordinance shall be paid into the town treasury.
Amended 10/1/84.
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ARTICLE
IX-A
HABITUAL PARKING OFFENDERS
Sec. 9A-1 Definitions
(A) Vehicle boot: A vehicle boot is a device
consisting of
metal clamps or jaws and screws and a padlock which immobilizes a
motor vehicle when attached to a wheel.
(B) Outstanding parking
ticket: An outstanding parking
ticket is any notice of a violation of any provision of this
ordinance, as evidenced by the issuance of a citation to the
violator,
where there has been neither payment of waiver fees nor
issuance of court process.
Sec. 9A-2 Applicability of this article
Any vehicle which has accumulated three (3) or more
outstanding parking tickets and which is found parked in
violation of any provision of this ordinance shall be impounded
in accordance with Section 9-4 or,
at the option of the officer,
shall be immobilized with a vehicle boot until the requirements
of Section 9A-4 are met. If a vehicle boot is used, a fee for
its use, equal to the charge for towing, shall be charged and
paid before the vehicle may be released.
Sec. 9A-3 Notice
(A) When a vehicle is towed pursuant to this ordinance,
the
Chief of Police shall notify by registered mail the owner of the
vehicle within three (3) business days of the towing thereof.
Such notice shall specify where the vehicle is stored and shall
set forth the requirements for release as specified in Section
9A-4.
(B) When a vehicle is immobilized with a vehicle boot, the
attachment of the vehicle boot to the vehicle constitutes notice
to the owner that the vehicle has been impounded.
Sec.
9A-4 Release of vehicle.
(A) The vehicle shall not be released until:
(1) The Chief of Police determines and
certifies that
the individual requesting release of the
vehicle is
the owner thereof; and
(2) The Chief of Police certifies that all
waiver fees
and towing or immobilization charges have ben paid,
or
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(B) In lieu of paying
waiver fees and towing or
impoundment
charges, a violator
may
post bond in cash in an amount equal to
all such charges, whereupon the vehicle shall be released. Such
bond money shall be refunded to the owner of the vehicle upon
acceptance by such owner of service of process initiating court
proceedings to determine whether he or she is liable for the
violations as charged.
Sec. 9A-5 Refund of immobilization or impoundment
charges.
Immobilization or impoundment and towing charges shall be
refunded to a person when a court of competent jurisdiction
determines that the vehicle owned by such person was not parked
in violation of this ordinance.
Sec. 9A-6 Interference with enforcement.
It shall be unlawful for any person to tamper with or
attempt
to remove any vehicle boot attached to a vehicle or to attempt to
prevent the impoundment of a vehicle. Amended 10/1/84.
ARTICLE
X
EFFECT OF AND SHORT TITLE OF ORDINANCE
Sec.
10-1 Effect of
ordinance.
If any part of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Sec. 10-2 Repeal.
Ordinance No. 1 through 17, the former traffic ordinance
of
the town of Jay is hereby repealed, and all ordinance or parts
ot
ordinances in conflict with or
inconsistent with the provisions
of this ordinance are hereby repealed, except that this repeal
shall not affect or prevent the prosecution or punishment of any
person for any act done or committed in violation of any
ordinance hereby prior to the taking effect of this ordinance.
Sec. 10-3 Publication of ordinance.
The town clerk shall certify to the passage of this
ordinance
and cause the same to be published.
Sec. 10-4 Short title.
This ordinance may be known and cited as the traffic
ordinance.
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Sec. 10-5 Effective date.
This ordinance shall take effect from and after the
date of
hearing, August 16, 1967.
ARTICLE XI
SCHEDULES OF DESIGNATED STREETS REFERRED TO IN ORDINANCE
Sec. 11-1 Parking prohibited at all times on certain
streets.
SCHEDULE I
When signs are erected giving notice thereof no person
shall
at any time
park a vehicle upon any of the following described
streets or parts of streets:
No parking of the easterly side of the
Riley
Road commencing
from the bridge to the road termination.
No parking on the westerly side of the Riley Road from
the
entrance to
Androscoggin Mill to the
termination.
No parking on the south side of
Otis
Street.
No parking on the south side of Maple Street.
No parking on Sunset Avenue.
No parking on the south side of
Jewell
Street.
No parking on the easterly side of Main Street from
Jewell
Street to the Monkey bridge, so called, except in specially
designated spaces.
No parking on the northerly and westerly side of
Dubord
Street.
No parking on either side of
Knapp
Street from Church Street
to Jewell Street.
No parking on the south side of the Old Jay Road from
Pole
^82
for a distance of .3 miles to Pole
#93.
No parking on the easterly side of Pine Street.
No parking on the south side of Elm Street commencing
from
Main Street to Western Avenue.
No parking on the south side of the
Hyde
Road.
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No par-King
on the easterly side
of Route #133
opposite
Pole
#29-31
or near the residence of Albert
Landry
to the
Livermore
Falls Town line.
No parking on the westerly side of Route 4,
Main Street,
Chisholm
from CMP
Pole #21
continuing north westerly
approximately 75 feet to
MCRR tracks. (Amended 6/4/84).
SCHEDULE II
Parking time limited on certain streets.
In accordance with section 8-3, and when signs are erected
giving notice thereof, no person shall stop, stand, or park a
vehicle between the hours specified herein of any day except
Sundays and public holidays within the district or upon any
of the streets or parts of streets as follows:
(a) There shall be one hour parking on the
easterly
side of Main Street from the
Livermore
Falls town
line to Church Street and from Church Street to two
car lengths from
Jewell Street. There shall be no
parking on either side of Jewell Street from
Central Maine Power Co. Pole
#13
and Pole #15.
Added 7/26/72.
(b) There
shall be no parking on the easterly side of
the Riley
Road from the bridge to
NET&T
Pole #23.
There shall be one hour parking on the easterly
side of the Riley Road from NET&T Pole 22 to NET&T
Pole 25 between the hours of 6:00 a.m. and 8:00
a.m. There shall be no parking between Pole #23
and Pole #26 the remainder of the day. No parking
on the westerly side of the Riley Road commencing
from the bridge to the road termination. Added
9/12/72.
(c) No vehicle
shall be parked more than two hours,
from 6:00 a.m. on the west side of Main Street in
Chisholm,
from Dubord's
Market to the town line of
Liver-more
Falls.
No vehicle shall be parked on the south side of
Jewell Street in Chisholm, from Main Street to
Horan
Street'.
No vehicle shall be parked within eight feet of a
fire hydrant in the Town of Jay.
No vehicle shall be parked on town property, from
6:00 p.m. to 6:00 a.m. in the Town of Jay, without
permission.
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Church Street shall be a one-way street
in
a
westerly direction from
Horan Street to Main Street
each Sunday from 7:00 a.m. until noon.
No motor vehicle shall be parked on
Jewell
Street
between Horan and Main Streets from 8:00 a.m. until
4:00 p.m. Amended 1/1/78.
Parking is limited to 15 minutes from 6:00 p.m. to
6:00 a.m. on the west side of Main Street (in
Chisholm
Square,
so called) from the entrance way to
James River Company to the Central Maine Power
Company Pole Number 23. Amended
7/25/88.
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• Enacted February 4 th , 2002 at the Board
of Selectmen's meeting (minutes attached)
No Parking on Hillsdale Road in front of A. Maurais & Sons
• Enacted June 9 th , 2003 at the Board of
Selectmen's meeting (minutes attached)
No parking along Main Street from CN Brown to Franchetti's
Hometown Variety
• Enacted May 10 th , 2004 at the Board of
Selectmen's meeting (minutes attached)
No parking of tractor trailers in front of the St. Rose
Church and the Veterans Memorial in Chisholm.
No parking shall be allowed from CN Brown to CMP pole
#25 just before Smiley's Laundry Mat on the westerly
side of Route 4 (Main Street). This is a change to Amendment
#2 and will be revoked once Smiley's obtains its own
parking lot.