Title 10

"Bicycle" is every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over twenty inches in diameter.

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"Business district" is the territory contiguous to and including a highway when within

any six hundred feet along such highway there are buildings 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 three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

"Central business (or traffic) district" is all streets and portions of streets within the area set-aside by the town council as such.

"Commercial vehicle" is every vehicle designed, maintained or used primarily for the transportation of property.

"Controlled access highway" means every highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons having no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

"Crosswalk" means:

1. That part of a roadway at an intersection included within the connection 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 traversal roadway;

2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"Curb loading zone" is a space adjacent to a curb reserved for the exclusive use of vehicles during loading or unloading of passengers or materials.

"Driver" is every person who drives or is in actual physical control of a vehicle.

"Freight curb loading zone" is a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight (or passengers).

"Intersection" means:

1. 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 contact; or

2. Where a highway includes two roadways thirty 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 intersection also includes two

roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as separate intersections.

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"Laned roadway" is a roadway that is divided into two or more clearly marked lanes for vehicular travel.

"Motor vehicle" is every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

"Motorcycle" is every motor having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

"Official Time Standard". Whenever certain hours are named in this title they mean standard time or daylight saving time as may be in current use in this town.

"Official traffic-control devices" means all signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purposes of regulating, warning or guiding traffic.

"Park," when prohibited, 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.

"Passenger curb loading zone" is a place adjacent to the curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

"Pedestrian" is any person afoot.

"Person" is every natural person, firm, co-partnership, association or corporation.

"Police officer" is every person of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

"Private road or driveway" is 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.

"Residence district" is the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.

"Right-of-way" is the privilege of the immediate use of the roadway.

"Roadway" is that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway", as used in this title, refers to any such roadway separately but not to all such roadways collectively.

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"Safety zone" is the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked at all times while set apart as a safety zone.

"Sidewalk" is that portion of a street between the curblines, or the lateral lines of the roadway, and the adjacent property lines of the roadway, and the adjacent property lines intended for the use of pedestrians.

"Stop" when required, means complete cessation of movement. "Stop," "stopping" or "standing," when prohibited means any stopping or standing 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.

"Street" or "highway" is 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.

"Through highway" is every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this title.

"Traffic" is pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for the purpose of travel.

"Traffic-control signal" is any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Chapter 10.08

TRAFFIC-CONTROL

Sections:

10.08.010 Traffic Control Devices.

10.08.020 Turning Movements.

10.08.030 Special Stops and Yield Right-of-Way.

10.08.040 Miscellaneous Driving Rules.

10.08.010 Traffic Control Devices

A. Authority to Install Traffic and Parking Control Devices: The Chief of Police with approval of the Council of said City, and in cooperation with the State Department, shall place and maintain traffic and parking control signs, signals, and devices when and as required under the traffic laws of this City to make effective the provisions of said laws, and may place and maintain such additional traffic control devices as or under State laws or to guide or warn traffic.

B. Standards and Specifications for Traffic and Parking Control Devices: All traffic-control signs, signals, and devices, insofar as possible, shall conform to the standards set forth by the National Association of Traffic Engineers. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the City. All traffic control devices so erected and not inconsistent with the provisions of state law of this Chapter shall be official traffic-control devices.

C. Obedience to Official Traffic Control Devices: The driver of any vehicle shall obey the instructions of any official traffic control device applicable there to placed in accordance with the traffic laws of this City, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.

D. Display of Unauthorized Signs, Signals, or Markings: It shall be unlawful for any person to place, maintain, or display upon or in view of any highway any unauthorized sign, a 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, or any official traffic-control device , and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial

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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.

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.

E. Interferes with Official Traffic and Parking Control Devices. It shall be unlawful for any person without lawful authority to attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device, or any inscription, shield or insignia thereon or any part thereof; not shall any such person deposit, or cause to be deposited in any parking meter any slugs, device or metal substance or other substitute for lawful coins.

F. Chief of Police to Designate and Mark Traffic Lanes and Parking Spaces: The Chief of Police is hereby authorized with the approval of the Council of said City:

1. To designate and maintain, by appropriate devices, marks, or lines, upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary;

2. To mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the traffic laws of this City.

3. To mark off individual parking spaces in parking zones and in such other zones as may hereafter be established, said parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street; at each space so marked off it shall be unlawful to park any vehicle in such a way that said vehicle shall not be entirely within the limits of the space so designated.

10.08.020 Turning Movements:

A. Required Position and Method of Turning at Intersection: the driver of a vehicle intending to turn at an intersection shall do as follows:

1. Both the approach for right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway. 10-8

2. Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered.

3. 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 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 centerline of the street being entered upon leaving the intersection.

4. Where either streets or roadways are one-way, both the approach for a left turn and a left turn shall be made as close as practicable to the left curb or edge of the roadway.

B. Signals on Slowing Down, Stopping or Turning: The driver of any vehicle upon a highway before slowing down, stopping or turning from a direct line shall first see that such movement can be made in safety, and , if any pedestrian may be affected by such movement, shall give clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal, required in this Section, plainly visible to the driver of such vehicle of the intention to make such movement.

The signal herein required shall be given by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be a device or a type which has been approved by the Chief of Police.

Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to slow down or stop by extending hand and arm downward, to turn left by extending the hand and arm horizontally, and to turn right by extending the hand and arm upward beyond the left side of the vehicle.

C. Authority to Place and Obedience to Turning Markers: The Chief of Police is authorized to place marker buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to be other than as prescribed by law.

When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

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D. Authority to Place Restricted Turn Signs: The Chief of Police is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper sign at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

E. Obedience to No-Turn Signs: Whenever authorized signs are erected indicating that no right, left, or U turn is permitted, no drive of a vehicle shall disobey the directions of any such sign.

10.08.021 Limitations on Turning 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 shall not upon any other street so turn a vehicle unless such a movement can be made in safety and without interfering with other traffic. No U-turn shall be permitted on any street unless made at an intersection of two streets or street end.

10.08.022 Left Turn to Park: It shall be unlawful by any vehicle to make a left turn to park on any roadway open to the public that is marked with a double yellow center line.

1. PENALTY: Any person convicted of violating the no left turn rules shall be fined $25 for the first offense; $50 for the second and subsequent offenses within a twelve month period.

2. EXCEPTIONS: Police and emergency vehicles as authorized by ordinance 10.04.060 are exempt from compliance with no left turn rules.

10.08.030 Special Stops and Yield Right-of-Way

A. The Council shall designate through or preferential streets and the Chief of Police is authorized to erect stop signs or yield signs at specified entrances there-to or may designate any intersection as a stop intersection or as a yield right-of-way intersection and erect stop signs or yield signs at one (1) or more entrances to such intersection.

B. Vehicle Approaching Yield Sign: The driver of a vehicle approaching a yield right-of-way sign shall slow to a speed of not more than fifteen miles per hour (15 M.P.H.) and yield the right of way to all vehicles approaching from the right or left on the intersecting roadways or streets, which are so close as to constitute an immediate hazard. If a driver is involved in a collision at an intersection or interferes with the movement

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of other vehicles after driving past a yield sign, such collision of interfering shall be deemed evidence of driver's failure to yield the right-of-way.

C. Signs to Bear the Word "Stop": Every stop sign erected pursuant to this Chapter shall bear the word "STOP" in letters not less than six inches (6") in height and such sign shall at nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed floodlights projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of crosswalk on the near side of the intersection, or, if none, at the nearest line of the roadway.

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D. Vehicles to Stop at Stop Signs: When signs are erected as herein provided at or near the entrance to any intersection, every driver of a vehicle shall stop such vehicle at such sign or at a clearly marked stop line before entering the intersection except when directed to proceed by a police officer or traffic-control signal.

E. Emerging From Alley or Private Driveway: The driver of a vehicle 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, yielding 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.

F. Stop When Traffic Obstructed: It shall be unlawful for any driver to 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.

10.08.040 Miscellaneous Driving Rules:

A. 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 an emergency call closer than five hundred feet (500') or drive into or park such vehicle within the block where fire apparatus has stopped in answer to an emergency call.

B. Crossing Fire Hose: It shall be unlawful for any vehicle to be driven over any unprotected hose of the 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.

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C. Driving Through Funeral or Other Procession: It shall be unlawful

for any person of a vehicle to 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 Chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

D. Driver in Procession: Each driver in a funeral or other procession shall drive as near to the right edge of the roadway as practicable and shall follow the vehicle ahead as close as practicable and safe.

E. Funeral Processions to be Identified: A funeral composed of a procession of vehicles shall be identified as such by the lighting of the headlights of all vehicles in said procession or by such other

method as may be determined and designated by the chief of police

F. When permits Required for Parades and Processions: It shall be unlawful for any funeral procession, or parade containing two hundred (200) or more persons or fifty (50) or more vehicles excepting the forces of the United States Army or Navy, the military forces of this State, and the forces of the Police and Fire Departments, to 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.

G. Vehicles Shall Not Be Driven on a Sidewalk: The driver of a vehicle shall not drive within any sidewalk area except at a permanent driveway, or upon a temporary driveway when a permit therefor has been secured from the Chief of Police.

H. Limitations on Backing: A vehicle shall not back up or down a public highway, except insofar as it is necessary in getting away from the curb where it has been standing or parked.

I. Riding on Motorcycles: A person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto or carry any other person nor shall any person ride upon such motorcycle other than upon a firmly attached seat to the rear or side of the operator.

J. Clinging to Moving Vehicles: Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates or toy vehicles shall not attach the same or himself to any moving vehicle upon any roadway nor shall the driver of such moving vehicle permit any person so to attach himself to said vehicle.

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K. Restricted Access: It shall be unlawful for any person to drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority.

L. Boarding or Alighting from Vehicles: It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.

M. Unlawful Riding: It shall be unlawful for any person to ride on any vehicle or portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty.

N. Motor Vehicles Left Unattended Brakes to be Set and Engine Stopped: It shall be unlawful for any person having control charge of a motor vehicle to allow such vehicle to stand on any street unattended without first setting the brakes thereon and stopping the motor of said vehicle; and when standing upon a perceptible grade without turning the wheel of such vehicle to the curb or the side of the street or highway.

O. Obstruction to Driver's View or Driving Mechanism: It shall be unlawful for the driver of any vehicle to drive the same when such vehicle is so loaded or when there are in the front seat of such vehicle such number of persons as to obstruct the view of the driver to the front or sides or to interfere with the driver's control over the driving mechanism of the vehicle. It shall be unlawful for any passenger in a vehicle to ride in such position as to interfere with the driver's control over the driving mechanism of the vehicle.

P. Driving by Certain Persons Unlawful: It shall be unlawful for any person, unless such person has been issued and is in possession of a driving authorization permit from the State of Montana, to drive any motor vehicle on the streets of the town.

Q. No person shall knowingly authorize a minor to drive a motor vehicle without a valid driver's license within the town of Hot Springs.

R. No person shall drag or haul any timber or any article along or over any public highway in such a manner that a portion of the same shall rest upon or come in contact with that surface of such public highway; nor shall any person on any planked, paved or macadamized public highway, lock the wheel or any vehicle by the method commonly known as "rough lock"; nor by any method whereby anything other than the tire of such wheel or a smooth shoe shall come in contact with the surface of the public highway.

S. No resident or person shall allow commercial or large recreational vehicles to be stored or parked upon the public ways located within residentially zoned areas for a period exceeding twenty-four (24) hours. 10-13

10.08.041 EXCEEDING POSTED SPEED LIMIT: It shall be unlawful for any motor vehicle to exceed the posted speed limit on any roadway open to the public. It shall be deemed that any street, alley, or roadway within the town limits that is not marked with a speed limit sign shall have a speed limit of 25 mph. This ordinance shall have a jurisdiction of three miles from the town limits as stated in ordinance 2.24.100(B).

1. PENALTY: Any person convicted of violating 10.08.041 shall be fined $50 for the first offense, $75 for the second offense within twelve months; $100 for the third and subsequent offenses within twelve months. An additional $25 will be added to the fine for a night time violation.

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Chapter 10.10

BICYCLES

Sections:

10.10.010 Applicability of provisions--Parental responsibility.

10.10.020 Applicability of traffic laws.

10.10.030 Compliance with traffic-control devices.

10.10.040 Operational requirements.

10.10.050 Use of roadways and bicycle paths.

10.10.060 Speed limits.

10.10.070 Emerging from an alley or driveway.

10.10.080 Clinging to moving vehicles.

10.10.090 Carrying articles.

10.10.100 Parking.

10.10.110 Riding on sidewalks.

10.10.120 Lights and other equipment.

10.10.130 Violation--Penalty.

10.10.10 Applicability of provisions--Parental responsibility.

A. It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

B. The parent of any child and guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

C. The regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter. (Prior code '7-8-01)

10.10.20 Applicability of traffic laws.

A. Every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by the laws of this state except as to special regulations in this chapter and except as to those provisions of ordinances which by their nature can have no application. (Prior code '7-8-10)

10.10.30 Compliance with traffic-control devices.

A. Any person operating a bicycle shall obey the instructions of official traffic-control devices or signals applicable to vehicles₁unless otherwise directed by a police officer.

B. Whenever authorized signs are erected indicating that no right turn, left turn or U-turn is permitted, no person operating a bicycle shall disobey the direction of any sign except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. (Prior code'7-8-11)

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10.10.40 Operational requirements.

A. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

B. No person propelling a bicycle shall carry more persons at one time than the number for which the bicycle is designed and equipped. (Prior code '7-8-20)

10.10.50 Use of roadways and bicycle paths.

A. A person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near to the right side of the roadway as practicable except when:

1. Overtaking and passing another vehicle proceeding in the same direction;

2. Preparing for a left turn at an intersection or into a private road or driveway; or

3. Necessary to avoid a condition that makes it unsafe to continue along the right side of the roadway, including but not limited to a fixed or moving object, parked or moving vehicle, pedestrian, animal, surface hazard or a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane

B. A person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as close to the right side of the roadway as practicable.

C. Persons riding bicycles upon a roadway shall ride in single file except when:

1. Riding on paths or parts of roadways set aside for the exclusive use of bicycles;

2. Overtaking and passing another bicycle;

3. Riding on a paved shoulder or in a parking lane, in which case the persons may ride two abreast; or

4. Riding within a single lane on a laned roadway with at least two lanes in each direction, in which case the persons may ride two abreast if they do not impede the normal and reasonable movement of traffic more than they would otherwise impede such traffic by riding single file and in accordance with the provisions of this chapter.

D. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. A person riding a bicycle defined in subsection E of this section is excluded from the provisions of this subsection when such bicycle is prohibited from using such paths.

E. A "bicycle," as defined in this subsection, is excluded from the provisions of subsections A, B and D of this section. "Bicycle means every vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement may not exceed 3.05 cubic inches (50 centimeters) regardless of the number of chambers in the power source. The power source must not be capable of propelling the device,

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unassisted, at a speed exceeding thirty miles an hour (48.28 kilometers an hour) on a level surface. The device must be equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the drive system is engaged. (Ord. 1990-34 '1, 1990: prior code '7-8-25)

10.10.060 Speed limits. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Prior code '7-8-30)

10.10.070 Emerging from an alley or driveway. The operator of a bicycle emerging from an alley, driveway or building shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway. (Prior code '7-8-35)

10.10.080 Clinging to moving vehicles. No person riding upon any bicycle shall attach the same or himself to any vehicle upon a roadway. (Prior code '7-8-40)

10.10.090 Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars. (Prior code '7-8-45)

10.10.100 Parking. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb in such manner as to afford the least obstruction to pedestrian traffic. (Prior code '7-8-50)

10.10.110 Riding on sidewalks.

A. Whenever a person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

B. It is unlawful for any person to operate a bicycle on a sidewalk marked by an official traffic-control device prohibiting such operation.

C. Sidewalks along Main Street facing the following named blocks and lots shall be marked with official traffic-control devices prohibiting the operation of a bicycle upon them:

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F. Presumption in Reference to Illegal Parking: In any prosecution charging a violation of any 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 law or regulation together with proof that the defendant named in the complaint was at the time of such parking 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 violation occurred.

The foregoing stated presumption shall apply only when the procedure, as described in the following subsection (G) has been followed.

G. Disposition of Traffic Fine and Forfeitures: All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this Chapter shall be paid to the Treasurer and deposited in the General Fund, to be expended to defray the expense of proper regulation of traffic and parking upon the public streets of the Town to provide for the cost of supervision, regulation and control of parking vehicles, and expense of the Police Department.

H. Official Misconduct: Failure, refusal, or neglect on the part of any judicial or other officer or employee, receiving or having custody of any such fine or forfeiture, either before or after a deposit in said Fund, to comply with the foregoing provisions of this Section shall constitute misconduct in office and shall be grounds for removal therefrom.

I. Authority to Impound Vehicles: 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 Town under the circumstances hereinafter enumerated:

1. When any vehicle is left unattended upon any bridge, viaduct, 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 or mental injury incapacitation to such an extent as to be unable to provide for its custody and 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 during extraordinary occasions.

4. When any vehicle determined to be "Junk car" is parked upon a street and apparently abandoned, or is abandoned in a vacant lot without consent of the owner of such lot.

Whenever an officer removes a vehicle from a street as authorized in 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 of the place to which such vehicle is stored in a public garage, a copy of such notice shall be given to

the proprietor of such garage. 10-20

Whenever an officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent written report of such removal by mail to the Montana Registrar of Motor Vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which it was removed, the reasons for such removal and the name of the garage or place where the vehicle is stored.

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Chapter 10.16

ENFORCEMENT AND PENALTY

Sections:

10.16.010 Adoption of Traffic Code by Reference.

10.16.020 Penalty.

10.16.010 Adoption of Traffic Code by Reference. The Town of Hot Springs hereby adopts all provisions of Montana State Law as found in Title 61, Montana Codes Annotated, regarding the regulation of traffic, drivers of vehicles, licensing of vehicles and hereby grants authority and jurisdiction to the police and Town Court over all such laws and offenses not in conflict herewith.

10.16.020 Penalty. Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ONE DOLLAR ($1.00) nor more than FIVE HUNDRED DOLLARS ($500.00) or by imprisonment in the County Jail for a term not exceeding SIX (6) months, or by both such fine and imprisonment.

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Chapter 10.20

OPERATION AND USE OF SNOWMOBILES

Sections:

10.20.010 Operation and Use of Snowmobiles.

10.20.010 Operation and Use of Snowmobiles:

A. The use or operation of snowmobiles at any time on the public section of right of way of the Town of Hot Springs is hereby prohibited.

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