Loading...
Ord 252-38 ORDINANCE NO. ~1~ AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF' THE CITY OF DELRAY BEACH, FLORIDA, AND REPEALING ALL OTHER ORDINANCES AND SECTION3 OF ORDINANCES IN CONFLICT HERE- WITH, AND PROVIDING A PENALTY FOR THE VIOLA- TION OF THE P~IOVlSIONS THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF DELRAY BEACH, FLORIDA ARTICLE 1 Words and Phrases Defined Section 1. DEFINITION OF WORDS AND PHRASES. ~he following words' and phrases when used in this ordi- nance shall for the purpose of this ordinance have the mean- ings respectively ascribed to them in this article. SUBDIVISION 1 Vehicles, Traffic, Etc., Defined Section 2. (a) VEHICLE. Every device in, upon, or by which 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 or tracks. MOTOR VEHICLE. Every vehicle (bi which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (c) AUTHORIZED EMERGENCY VE- HICLES. Vehicles of the fire department (fire patrol), po- lice vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the (commissioner of mo- tor vehicles) or the (chief of police of this city). Section 3. (a) RAILROAD. A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. (bi RAILROAD TRAIN. A steam engine, electric or other motor, with or without cars coupled there- to, operated upon rails, except street cars. Section 4. TRAFFIC. Pedestrians, ridden or herded animals, vehicles, street cars and other conveyances either singly or together while using any street for purposes of travel. Section 5. RIGHT-OF-WAY. The privilege of the im- mediate use of the roadway. Section 6. (a) STOP. When required means com- plete cessation of movement. (bi STOP OR STOPPING. When prohib- ited means any stopping of a vehicle except when neces- sary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal. ~ (c) STANDING. Any_ stopping of a ve- hicle, whether occupied or not. (d) PARK. The standing 'of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. (e) DOUBLE PARKING. The standing of a vehicle, whether occupied or not, otherwise than tem- porarily for the purpose of and while actually engaged in loading or unloading next to or beside a vehicle already legally parked. Section 7. OFFICIAL TIME STANDARD. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this city. SUBDIVISION 2 Persons, Etc., Defined Section 8. (a) PERSON. Every natural person, firm, copartnership, association, or corporation. (bi DRIVER. Every person who drives or is in actual physical control of a vehicle. (c) PEDESTRIAN. Any person afoot. Section 9. POLICE OFFICER. Every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. SU BDIVI,~ION 3 STREETS, Etc., Defined Seqtion 10. (a) STREET OR HIGHWAY. The entire width between property lines of every way or pi'ace of what- ever nature when any part thereof is open t'o the use of the public, as a matter of right, for purposes of vehicular traffic. (bi PRIVATE ROAD OR DRIVEWAY. Every way or place in private ownership and used for ve- hicular travel by the owner and those having express or implied permission from the owner, but not by other per- sons. (c) ROADWAY. That portion of a street i~nproved, designed or ordinarily used for vehicular travel. (d) 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. (e) ALLEY. A right-of-way running through a block between two streets. Section 11. INTERSECTION. 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. Section 12. CROSSWALK (a) That portion of a road- way ordinarily included within the prolongation or con- nection of the lateral lines of sidewalks at intersections. (b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. Section 13. (a) OFFICIAL TRAFFIC CONTROL DE- VICES. Ali signs, signals, markings', and devices not incon- sistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the pur- pose of regulating, warning, or guiding traffic. (b) OFFICIAL TRAFFIC SIGNALS. Any device, whether manually, electrically, or mechanically op- erated, by which traffic is alternately directed to stop and to proceed. Section 14. (a) BUSINESS DISTRICT. The territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business. (b) CONGESTED DISTRICT. That ter- ritory where by reason of vehicular traffic and congestion of buildings- and businesses, it is essential to public wel- fare to limit hours, places and manner of parking of ve- hicles. (c) RESIDENCE DISTRICT. The terri- tory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with dwelling or dwellings and buildings in use for business. ARTICLE 2 Required Obedience to Traffic Regulations · Section 15. REQUIRED OBEDIENCE TO TRAFFIC ORDINANCE. It shall be unlawful for any person to do any act forbidden or fail to perform any act required in this' ordinance. Section 16. OBEDIENCE TO POLICE. No person shall wilfuliy fail or refuse to comply with any lawful order or direction of a police officer. Section 17. PUBLIC EMPLOYEES TO OBEY TRAF- FIC REGULATIONS. The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the service of the United States Government, this State, County or City, and it shall be unlawful for any said driver to violate any of the provisions in this ordinance or except as otherwise permitted in this ordinance or by State statute. Section 18. EXEMPTIONS TO AUTHORIZED EMERGENCY VEHICLES. (a) The provisions of this or- dinance regulating the operation, parking, and standing of vehicles s~all apply to authorized emergency vehicles, as defined in this ordinance, except as follows: A driver when operating any such vehicle in an emergency, except when otherwise directed by a police officer, may (1) Park or stand notwithstanding 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 prima facie speed limits so long as he does not endanger life or property; (4) Disregard regulations governing df- rection of movement or turning in specified directions so long as he does not endanger life or property. (5) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his reckless disregard of the safety of others. Section 19. PERSON'S PROPELLING PUSH CARTS OR RIDING BICYCLES OR ANIMALS TO OBEY TRAF- FIC REGULATIONS. Every person propelling any push cart or riding a bicycle or 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 appli- cation. 5 ~ ARTICLE 3 Obedience To Traffic Control Devlces Section 20. OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES. (a) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic ordinances o£ this city, unless otherwise directed by a po- lice officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this' ordinance. Section 21. OBEDIENCE TO NO-TURN SIGNS AND TURNING MARKERS. Whenever authorized signs are erected indicating that no right or left or "U" turn is per- mitred no driver of a vehicle shall disobey the directions of any such sign, and when authorized marks, buttons, or · other indications are placed within an intersection indicat* ing the course to be travelled by vehicles turning threat, no driver of a vehicle shall disobey the directions of such indications. Section 22. ZONE OF QUIET. Whenever authorized ~ signs are erected indicating a zone of quiet, no person oper- ating a motor vehicle within any such zone shall sound the horn or other warning device of said vehicle except in an emergency, Section 23. 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 street or portion thereof except drivers of vehicles having busi- ness or whose residences are within such closed area, and than any said driver shall exercise the greatest care in driving upon any said street or portion thereof . Section 24. TRAFFIC CONTROL SIGNAL LEGEND. Whenever traffic is controlled by traffic' control signals exhibiting the words "GO," "CAUTION," or "STOP" or exhibiting different colored light successively one at a time, the following colors only shall be used, and said terms and lights shall indicate as follows: 1. GREEN ALONE OR "GO." (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But ve- hicular traffic shall yield the right-of-way to other ve- hicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. (b) Pedestrians facing the signal may proceed across the roadway within any marked or un- e marked crosswalk. · 6 2. YELLOW ALONE OR "CAUTION" WHEN SHOWN FOLLOWING THE GREEN OR "GO" SIGNAL. (a) Vehicular traffic facing the signal shall stop before entering the nearest cross walk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. (b) Pedestrians facing such signal are thereby advised that there is insufficient time to cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. 3. RED ALONE OR "STOP" (a) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at any in- tersection or at such other point as' may be indicated by a clearly visible line, and shall remain standing until green or "Go" is shown alone. (b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interferring with any vehicular traffic. 4. RED WITH GREEN ARROW (a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall not interfere with other traffic. (b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and ~ without interferring with any vehicular traffic. Section 25. FLASHING SIGNALS. Whenever flash- ing red or yellow signals are used they shall require obed- ience by vehicular traffic as follows: 1. FLASHING RED (STOP SIGNAL). When · a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules ap- plicable after making a stop at a stop sign. 2. FLASHING YELLOW (CAUTION SIG- NAL). When a yellow lens is illuminated with rapid inter- mittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. Section 26. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, OR MARKINGS. 1. 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 7 or raiiroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or main- tain, nor shall any public authority permit upon any high- way, any traffic sign or signal hearing thereon any com- mercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. 2. Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. Section 27. INTERFERENCE WITH OFFICIAL TRAF- FIC CONTROL DEVICES OR RAILROAD SIGNS OR SIG- NALS. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. ARTICLE 4 Stopping, Standing, and Parking Section 28. PARKING PROHIBITED ON NARROW STREETS. When s*igns prohibiting parking are erected on narrow streets no person shall park a vehicle in any such designated place or where curb is painted red. Section 29. NO STOPPING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES. When signs are erected upon approach to hazardous or congested places no person shall stop, stand, or park a vehicle in any such designated place. Section 30. PARKING PROHIBITED IN CERTAIN PLACES. (a) No person shall stop, stand, or park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than 1D feet of the width of the roadway for free move- ment of vehicular traffic, except that a driver may stop temporarily during the actual loading or unloading of pas- ~ sengers or when necessary in obedience to traffic regula- tions or traffic signs or signals or a police officer. · ' (b) No person shall park a vehicle with- 8 in 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 the free movement of vehicular traffic. Section 31. PARKING PROHIBITED DURING CER- TAIN HOURS AS DESIGNATED ON SIGNS. When signs are erected giving notice thereof, no person shall park a vehicle longer than the time as stated thereon. Section 32. PARKING IN CONGESTED DISTRICTS. PROMULGATION OF RULES AND REGULATIONS AS TO PARKING. The Chief of Police, with the approval of the City Council, is hereby vested with the authority to promulgate reasonable rules and regulations governing the manner, the length of time, and the places of parking of vehicles in the business' section of the City of Delray Beach, or in any other congested portion of said City, and it shall be unlawful for any person to violate any such rules and ~ regulations, and upon conviction thereof in the municipal court such person shall be subject to the penalty or penalties as prescribed in this ordinance; provided, however, that such rules and regulations a~ may be promulgated shall be in conformity and not inconsistent with the provisions of this ordinance. Section 33. STANDING FOR LOADING ONLY. (a) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger zone during hours when the regulations applicable to such passenger zone are effective, and then only for a period not to exceed 3 minutes. (b) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loado ing of materials in any place marked as a loading zone during hours when the provisions applicable to loading zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. Section 34. BUS, (HACKNEY) AND TAXICAB STANDS. (a) The driver of a bus, (hackney), or taxicab ~'hall not stand or park upon any street in any business district at any place other than at a bus stop, (hackney stand), or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the 9 purpose of and while actually engaged in loading or un- loading passengers. (b) No person shall stop, stand, or park a vehicle other than a bus in a bus stop, (or other than a hackney in a hackney stand), or other than a taxicab in a te,×icab stand when any such stop or stand has been officially designated and appropriately signed, except that 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, (hackney), or taxicab waiting to enter or about to enter such zone. S::ction 35. STANDING OR PARKING CLOSE TO CUP~B. No person shall stand or park a vehicle in a road- way other than parallel with the edge of the roadway, ,~ headed in the direction of traffic, and with the curb-side wheels of the vehicle within 12 inches of the edge of the roadway, except as provided in the following paragraphs: (a) Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such mark or signs. (b) In places where and at hours when stopping for the loading or unloading of merchandise or materials is permitted, vehicles used for the transportation of merchandise or materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit granting him such privilege, and such per- mit shall be either in the possession of the driver or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load, and it shall be un- lawful for any owner or driver to violate any of the spec- ial terms or conditions of any such special permit. Section 36. UNLAWFUL PARKING. No person shall stand or park a vehicle upon any roadway for the princi- pal purpose of: 1. Displaying it for sale. 2. Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. 3. Vehicles net in daily use ~hall not be parked on a public street, or highway, and all vehicles out of use shall be stored either in a building or within an inclosure, surrounded by a wall or painted fence at least 6 feet in height and 20 feet back from street line, except that "sale" lots for used cars where permitted may have on the street ~ frontage an open fence 3 feet high with reasonable drive- 10 way opening, and such open fence may be located at the property line. Section 37. USING VEHICLE FOR PRIMARY PUR- POSE OF ADVERTISING PROHIBITED. No person shall operate or park on any street any vehicle for the primary purpose of advertising. ARTICLE 5 Operation of Vehicles Section 38. STOP BEFORE ENTERING A THROUGH STREET. (a) Those streets and parts of streets described in Schedule IV attached hereto and made a part hereof are hereby declared to be through streets for the purpose of this section. (b) When stop signs are erected upon highways intersecting a through street at the entrances thereto or at the entrance to any intersection, every driver of a vehicle s'hall stop at every such sign or at a clearly marked stop line before entering the intersection except when directed to proceed by a police officer or traffic con- trol signal. Section 39. STOP WHEN TRAFFIC OBSTRUCTED. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is ~ operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. Section 40. ONE-WAY STREETS. Upon those streets · and parts of street's described in Schedule V attached hereto and made a part hereof, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Section 41. DRIVING THROUGH PROCESSION. No driver of a vehicle shall drive between the vehicles eom- prising 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 eontTolled by traffic control signals or police officers. Section 42. PERMITS FOR PARADES AND PROCES- SIONS. No funeral, procession, or parade containing 200 or more persons or 50 or more vehicles, excepting the 11 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. Section 43. FUNERAL AND OTHER PROCESSIONS. (a) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant of a type desig- nated by the traffic division of the police department. (b) Each driver in a funeral procession shall drive as near to the right-hand edge of the roadway as practical and follow the vehicle ahead as close as prac- tical and is safe. Section 44. LIMITATIONS ON TIJ'RNING AROUND. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and small not upon any other street, ex- cept at intersections, so tl~rn a vehicle unless such move- ment can be made in safety and without interfering with other traffic. Section 45. LIMITATIONS ON BACKING. The driver of a vehicle shall not back the same into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle unless such movement can be made in safety. Section 46. EMERGING FROM ALLEY OR PRIVATE DRIVEWAY. The driver of a vehicle emerging from an al- ley, driveway, or building shall stop such vehicle imme- diately prior to driving onto a sidewalk or into the side- walk area extending across any alleyway, and upon enter- ing the roadway shall yield the right-of-way to all vehicles approaching on said roadway. Section 47. VEHICLES SHALL NOT BE DRIVEN ON THE SIDEWALK. The driver of a vehicle shall not drive within any sidewalk area except at a permanent or tempo- rary driveway. Section 48. CLINGING TO MOVING VEHICLES. (a) Any person riding upon any bicycle, motorcycle, coaster, roller skates, or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway. (b) Persons on fenders, etc. Operators of vehicles are prohibited from driving with persons on fend- 12 ers, running-boards or the overhead structure of the driv- er's compartment. Section 49. RIDING ON HANDLE BARS PROHIBITED. The operator of a motorcycle or bicycle when upon a street shall not carry any other person upon the handle bar, frame, or tank of any such vehicle, nor shall any person so ride upon such vehicle. Section 50. USE OF COASTERS, ROLLER SKATES AND SIMILAR DEVICES RESTRICTED. No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway ex- cept while crossing a street on a crosswalk and except upon streets set aside as play streets when and as authorized by ordinance of this city. Section 51. LIGHTS AND BRAKES ON VEHICLES. (a) No vehicle shall be operated upon the streets of Delray Beach, Florida, between one half-hour after sunset and one half-hour before sunrise unless said vehicle is equipped with two effective headlights (except bicycles) and one effective red tail light, but glaring heed- lights not depressed or controlled in such manner as to avoid blinding of the driver of an approaching vehicle are un- lawful. (b) Whenever a vehicle is lawfully parked on a street during the time between one-half hour after sunset and one-half hour before sunrise and there is sufficient light to reveal any person within a distance of 500 feet upon such street, no lights need be displayed upon such parked vehicle. (c) The operation upon the streets of the City of Delray Beach of any motor vehicle not having brakes in efficient condition shall be prima facla evidence of reckless driving. (d) No motor vehicle other than official and emergency vehicles shall use within the corporate limits of the City any siren, air whistle, or exhaust horn, and ordinary horns shall be used only for the purpose of warning of the approach of the vehicle on which it is equipment, or to signal for clear passage when right-of-way is improperly obstructed. (e) No motor vehicle shall be operated within the corporate limits of the City unless, equipped with an efficient muffler, and the use of muffler cut-outs is prohibited. (f) When during said times or at any other time there is not sufficient light upon a street to 13 reveal a person at a distance of 500 feet a parked vehicle shall be equipped with one or more lamps which shall ex- hibit a white light on the roadway side visible for a dis- tance of 500 feet to the front of the vehicle and a red light visibie from a distance of 500 feet to the rear. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Section 52. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS. It shall be unlawful for any person who is under the influ- ence of intoxicating liquor or narcotic drugs to drive any v~hicle within the City of Delray Beach, Florida. Section 53. RECKLESS DRIVING. Any person who arives an), vehicle in such a manner as to indicate either · a wilful or a wanton disregard for the safety of persons ,or property is guilty of reckless driving. Section 54. SPEED RESTRICTIONS. (a) No person shall drive a vehicle on a highway at a speed greater than is' reasonable and pru- dent under the conditions then existing. (b) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of said limits shall be prima facie evidence that the speed ~s not reasonable or prudent and is unlawful: 1. 15 miles per hour in any business district. 2. 25 miles per hour in any residence district. 3. 45 miles per hour under other conditions. (e) The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not re- lieve the driver from the duty to decrease speed when ap- proaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when travelling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway condi- tions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other convey- ance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (d) In every charge of violation of this section, the complaint, also the summons' or notice to ap- pear shall show the speed to be in excess of speed limit for the area in which the alleged offense was eemmitted, also the prima facie speed applicable within the district or at · the location. 14 (e) The foregoing provisions of this sec- tion shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate eaus~ of an accident. Section 55. DRIVE ON RIGHT SIDE OF ROADWAY, EXCEPTIONS. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows: 1. When overtaking and passing another ve- hicle proceeding in the same direction under the rules gov- erning 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 lines for traffic under the rules applicable thereon; or 4. Upon a roadway designated and sign-post- ed for one-way traffic. Section 56. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS. Drivers of vehicles' proceeding in opposite directions shall pass each other to the right, and upon highways and roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main trav- eled portion of the roadway as nearly as possible. Section 57. OVERTAKING A VEHICLE ON THE LEFT. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, sub- ject to those limitations, exceptions, and special rules here- inafter stated: (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 shah not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is permitted, the driver ofan overtaken ve- hicle 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. Section 58. WHEN OVERTAKING ON THE RIGHT IS PERMITTED. (a) The driver of a vehicle may over- take and pass upon the right of another vehicle while the driver is making or about to make a left turn. 15 SECTION 59. LIMITATIONS ON OVERTAKING ON THE LEFT. No vehicle shall be driven to the le/t side of the center of the roadway in overtaking and passing an- other vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient d/stance ahead to permit such overtaking and .passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any ve- hicle approaching from the opposite direction or within 100 feet of an intersection, bridge, or railroad grade cross- ing. · (b) No vehicle shall in overtaking and passing another vehicle or at any other time be driven to the left side of the roadway under the following condi- tions: 1. When approaching the crest of a grade or ~ upon a curve in the highway where the driver's view along the highway is obstructed; 2. When approaching within 100 feet of any bridge, viaduct, or tunnel, or when approaching within 100 feet of or traversing any intersection or railroad grade crossing; 3. When official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manuel adopted by (the State high- way commission.) Section 60. DRIVING ON ROADWAYS LANED FOR TRAFFIC. Whenever any roadWay has been divided into 3 or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: 1. 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, 2. Upon a roadway which is divided into 3 lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is' at the time ~ allocated exclusively to traffic moving in the direction the 15 vehicle is proceeding and is sign-posted to give notice of such allocation. 3. Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign. Section 61. TURNIBrG AT INTERSECTIONS. The driver of a vehicle intending to turn at an inters'cotton shall do so as follows: (a) Both the approach from a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway. (b) Approach for a left turn shall be made in that portion of the right half of the roadway near- est the center line thereof, and after entering the intersec- tion the left turn shall be made so as t'o leave the intersec- tion to the right of the center line oi the road~vay being entered. (c) 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 roadway nearest the center line thereof and by passing to the right of such center line 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 line of the street being entered upon leaving the intersection. ' RIGHT-OF-WAY RULES Section 62. VEHICLES APPROACHING OR ENTER- ING INTERSECTIONS. (a) The driver of a vehicle approaching · an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different high- way. (b) When two vehicles enter an inter- section from different streets at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (c) The foregoing rules are modified at through streets and otherwise as hereinafter stated in this article. Section 63. VEHICLE TURNING LEFT AT INTER- SECTION. 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, but said driver, having so 17 yielded and having given a signal when and as required by this act, may make such left turn, and the drivers of ail other vehicles approaching the intersection from said op- posite direction shall yield the right-of-way to the vehicle making the left turn. Section 64. VEHICLE ENTERING THROUGH HIGH- WAY OR STREET OR STOP INTERSECTION. (a) The driver of a vehicle shall stop as' required by this act at the entrance to a through highway or street and shall yield the right-of-way to other vehicles which have entered the intersection from said through highway or street, or which are approaching so closely on said through highway as to constitute an immediate hazard, but said driver, having so yielded, may proceed, and the drivers of 'all other vehicles approaching the intersection · on said through highway or street ~hall yield the right-of- way to the vehicle so proceeding into or across the through highway or street. (b) The driver of a vehicle shall like- wise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto, although not a part of a through high- way, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or ap- proaching so closely as to constitute an immediate hazard. but may then proceed. Section 65. OPERATION OF VEHICLES ON AP- PROACH OF AUTHORIZED EMERGENCY VEHICLES. (a) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway, clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise d/rected 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 per- sons using the highway. MISCELLANEOUS RULES Section 66. UNATTENDED MOTOR VEHICLE. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key, or when stand- 18 ing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. Section 87. OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM. ia) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechan- ism of the vehicle. (b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. Section 68. FOLLOWING FIRE APPARATUS PRO- HIBITED. The driver of any vehicle other than one on official business shall not follow any fire apparatus travel- ing in response to a fire alarm closer than 500 feet, or drive into or park such vehicle within the block where fire ap- paratus has stopped in answer to a fire alarm. Section 69. 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 consent of the fire department official in command. ~ Section 70. Plyi-rlNG GLASS, ETC., ON HIGHWAY :~,~ PROHIBITED. (a) No person shall throw or deposit e ~"'. upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, " animal, or vehicle upon such highway. (b) Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious material shall ~mmediately remove the same or cause it to be removed. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Section 71. LA1VI~t ON BICYCLES. F~vpYy bicycle , shall be equipped with)(a lamp on the front ~xhibiting a · white light visible frol~ a distance of at least~$O0 feet to *" the front, and with id lglmp on the rear exhib~ing a red .~light visible from a distance of 500 feet to the rear; ex- 19 ce_r~,-that a red reflector ';'nay be use(~, in lieu of a rear ligl~t. ACCIDENTS Section 72. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES. The driver of any vehicle in- volved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of s'uch accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 75. Every such stop shall be made without ob- structing traffic more than is necessary. Section 73. ACCIDENT INVOLVING DAMAGE TO VEHICLE. The driver of any vehicle involved in an acci- dent resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such ve- hicle at the scene of such accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 75. Any person failing to stop or comply with said requirements under such cir- cumstances shall be guilty of a violation of this Section. Every such stop shall be made without obstructing traffic more than is necessary. Section 74. DUTY TO GIVE INFORMATION AND RENDER AID. 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 name, address, and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his operator's or chauffeur's li- cense to the person struck, or the driver or occupant of or person attending any vehicle collided with, and shall ren- der to any person injured in such accident reasonable as- sistance, including the carrying, or the making of arrange- ments for the carrying, of such person to a physician, sur- geon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carry- ing is requested by the injured person. Section 75. DUTY UPON STRIKING UNATTENDED VEHICLE. 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 name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle 20 struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the strik- ing, and a statement of the circumstances thereof. Section 76. DUTY UPON STRIKING FIXTURES UPON A HIGHWAY. The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reas~)nable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the registration number of the vehicle he is driving, and shall upon request and if available exhibit his oper- ator's or chauffeur's license, and shall make report of such accident when and as required in Section 79 hereof. Section 77. DUTY TO REPORT ACCIDENTS. (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of $10.00 or more shall immediately after such accident, forward a report of such accident to the police department of this city, which report may be a copy of the accident report required to be filed with the department of motor vehicles under the laws of this city. (b) The police department of this city may require any driver of a vehicle involved in an acci- dent of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of said department, and may require witnesses of accidents to render reports to said department. Section 78. WHEN DRIVER UNABLE TO REPORT. Whenever the driver of a vehicle is physically incapable of making a required accident report and there was an- other occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report. ARTICLE 6 PEDESTRIANS Section 79. PEDESTRIANS SUBJECT TO TRAFFIC CONTROL SIGNALS. Pedestrians shall be subject to traf- fic control signals at intersections as heretofore declared in this act, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrict- ions as hereinafter stated. 21 Section 80. PEDESTRIANS' RIGHT-OF-WAY AT CROSSWALKS. (a) Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this article. (b) 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 such stopped vehicl~ Section 81. CROSSING AT OTHER THAN' CROSS- WALKS. (a) Every pedestrian crossing a road- way at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedes- trian crossing has been provided shall yield the right-of- way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross' at any place except in a marked crosswalk. (d) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any road- way and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon ob- serving any child or any confused or incapacitated person upon a roadway. Section 82. PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS. Pedestrians s'hall move, whenever practicable, upon the right half of crosswalks. Section 83. PEDESTRIANS SOLICITING RIDES. No person shall stand in a roadway for the purpose of so- liciting a ride from the driver of any private vehicle, dis- tribute advertising to vehicles, or solicit trade from oc- cupants of vehicle. ARTICLE 7 Section 84. PENALTY. Any person violating any of the provisions of this ordinance, or any rule or regulation promulgated under the provisions of this' ordinance, shall, upon conviction thereof, be punished by a fine not exceed- ing $500.00, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the Municipal Court. Section 87. Should any part, paragraph or section of this ordinance be declared invalid in any judicial proceed- ing, such partial invalidity shall not affect the remainder of this ordinance. Section 86. This ordinance is declared by the City Council to be necessary for the immediate preservation of public peace and safety; and shall go into effect imme- diately upon its final passage. Section 87. All other ordinances and sections of ordi- nances in conflict with the provisions of this ordinauca~ be, and the same are hereby, repealed. PASSED by the City Council of the City of Delray Beach, Florida, on its first reading, this the 14th day of November, A.D. 1958. PASSED on second and final reading this the l~h day of December A.D. 1958. Pres 'the Council City Clerk / ...... Examined and approved this the 12th day of December,