TITLE VII:  TRAFFIC CODE - Back to Table of Contents

     Chapter

      70.  GENERAL PROVISIONS
      71.  TRAFFIC RULES
      72.  PARKING REGULATIONS
      73.  (RESERVED)
      74.  (RESERVED)
      75.  TRUCKS, TRAILERS AND COMMERCIAL VEHICLES
      76.  TRAFFIC SCHEDULES

 CHAPTER 70:  GENERAL PROVISIONS - Back to Top

Section

 Traffic-Control Devices

 Motor Vehicle Noise

 70.01  SHORT TITLE. - Top of Section

 This Title VII may be known and cited as the Traffic Code.

(Ord. 71-1, passed 4-19-71)

70.02  DEFINITIONS. - Top of Section

 For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 AUTHORIZED EMERGENCY VEHICLES.  Any vehicle used for emergency purposes by a fire department; any vehicle used for emergency purposes by the State Police, a public police department, Department of Corrections, or sheriff's office; any vehicle used for emergency purposes by a rescue squad; any publicly owned vehicle used for emergency purposes by a civil defense agency; ambulances; any vehicle commandeered by a police officer; or any motor vehicle used by a paid or volunteer fireman or paid or volunteer ambulance personnel while responding to an emergency or to a location where an emergency vehicle is on emergency call. (KRS 189.910)

 BICYCLE.  Every device propelled by human power upon which any person may ride, having two wheels in tandem either of which is more than 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or rear wheels.  (Ord. 71-1, passed 4-19-71)

 BOULEVARD.  Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.

 BUSINESS DISTRICT.  Any portion of any street between two consecutive intersections in which 50% or more of the frontage on either side of the street is used for business purposes.

 COMMERCIAL VEHICLE.  Every vehicle designed, maintained, or used primarily for the transportation of property. (Ord. 71-1, passed 41971)

 CROSSWALK.  That portion of the roadway included within the extension of the sidewalk across any intersection, and such other portions of the roadway between two intersections, as may be legally designated as crossing places and marked by stanchions, paint lines, or otherwise.

 CURB.  The boundary of that portion of the street used for vehicles whether marked by curbstones or not.

 DRIVER.  Every person who drives or is in actual physical control of a vehicle.  (Ord. 71-1, passed 41971)

 INTERSECTION.  That part of the public way embraced within the extensions of the street lines of two or more streets which join at an angle whether or not one such street crosses the other.

 LANED ROADWAY.  A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (Ord. 71-1, passed 4-19-71)

 MOTOR VEHICLE.  Every vehicle which is self propelled and not operated upon rails, or not deriving its power from overhead wires.  (Ord. 71-1, passed 419-71)

 MOTORCYCLE.  Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached but excluding a tractor. (Ord. 711, passed 4-19-71)

 OFFICIAL TIME EASTERN.  Whenever certain hours are named herein they shall mean Eastern time or Eastern  daylight-saving time as may be in current use in this city. (Ord. 71-1, passed 4-19-71)

 OFFICIAL TRAFFIC-CONTROL DEVICES.  All signs, signals, warnings, directions, markings, and devices placed or erected or maintained by authority of the Chief of Police.

 ONE-WAY STREET.  A street on which vehicles are permitted to move in one direction only.

 OPERATOR.  Every person who is in actual physical control of the guidance, starting, and stopping of a vehicle.

 PARK.  When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.

 PEDESTRIAN.  Any person afoot.

 PLAY STREET.  Any street or portion thereof so designated by the Chief of Police and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.

 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. (Ord. 71-1, passed 419-71)

 POLICE DEPARTMENT.  The Police Department or other persons or agency authorized to perform the duties of  70.03 or any other acts necessary to implement and enforce this traffic code.

 PRIVATE ROAD or DRIVEWAY.  Every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner, but not by other persons. (Ord. 71-1, passed 4-19-71)

 PUBLIC WAY.  The entire width between property lines of every way, dedicated passway, or street set aside for public travel, except bridle paths and foot paths.

 REVERSE TURN.  To turn a vehicle on any street in such a manner as to proceed in the opposite direction.

 RIGHT-OF-WAY.  The privilege of the immediate and preferential use of the street.

 ROADWAY.  That portion of any street, improved, designated, or ordinarily used for vehicular travel.

 SIDEWALK.  That portion of the street between the curb and the property line intended for the use of pedestrians.

 STOP.  When required means complete cessation from movement. (Ord. 71-1, passed 41971)

 STOPPING.  As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.

 STREET.  Every public way, including alleys.

 TRAFFIC.  Pedestrians, ridden or herded animals, vehicles, buses, and other conveyances, individually or collectively, while using any street for the purpose of travel.

 TRAFFIC-CONTROL SIGNAL.  Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (Ord. 71-1, passed 419-71)

 VEHICLE.  Every device in, on, or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.

70.03  REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS. - Top of Section

 (A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.

 (B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county, or city, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.

 (C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application.

Penalty, see  70.99

70.04  POWERS AND DUTIES OF POLICE DEPARTMENT. - Top of Section

 It shall be the duty of the Police Department to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents, and to cooperate with other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.

70.05  AUTHORITY FOR ENFORCEMENT. - Top of Section

 Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the Police Department, and, except in case of emergency, it shall be unlawful for any other person to direct or attempt to direct traffic by voice, hand, whistle, or any other signal.

Penalty, see  70.99

70.06  TEMPORARY REGULATIONS. - Top of Section

 When required for the convenience and safety of the public and to alleviate unusual traffic problems, the Chief of Police or other authorized city official shall, at his discretion, have authority to impose such traffic regulations as he may deem necessary for temporary periods not to exceed two weeks.  If these temporary regulations are necessary for a period longer than two weeks, the City Clerk shall be notified in writing of the extended order.

 70.07  REQUIRED OBEDIENCE TO TRAFFIC CODE; PUBLIC EMPLOYEES. - Top of Section

 (A) It is a misdemeanor for any person to do any act forbidden or to fail to perform any act required in this traffic code.

 (B) The provisions of this traffic code 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 of this traffic code, except as otherwise permitted in this section or by state statute.

(Ord. 71-1, passed 4-19-71)  Penalty, see 70.99

 70.08  OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS. - Top of Section

 No person shall willfully fail or refuse to comply with any lawful order or due action of a police officer or Fire Department official.

(Ord. 71-1, passed 4-19-71)  Penalty, see 70.99

 70.09  EXEMPTIONS FOR EMERGENCY VEHICLES. - Top of Section

 (A) The driver of an authorized emergency vehicle, when doing to an emergency call or when in 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 traffic code.

  (2) Proceed past a red or stop signal or stop sign, bud 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 regulations governing direction of movement or turning in specified directions.

 (C) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary and when the vehicle is equipped with at least one lighted lamp displaying a red or blue light visible under normal atmospheric conditions.

 (D) The foregoing provisions shall not relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

(Ord. 71-1, passed 4-19-71)

 (E) The operation of emergency vehicles shall at all times comply with the then current provisions of state statutes.

 TRAFFIC-CONTROL DEVICES

70.20  SIGNAL LEGENDS. - Top of Section

 Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words ྿Go, ྿Caution, or ྿Stop, or exhibiting different colored lights for purposes of traffic control, the following colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:

 (A) Green alone or ྿Go. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.  However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.

 (B) Steady yellow alone or ྿Caution when shown following the green or ྿Go signal.  Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.  Vehicular traffic facing a steady yellow signal may enter and clear the intersection.

 (C) Red alone or double red or ྿Stop. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or ྿Go is shown alone.

 (D) Flashing red alone.  Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it can do so without danger.

 (E) Flashing amber alone.  Vehicular traffic facing the signal shall reduce its speed and proceed cautiously across the intersection controlled by such signal.

  (F) Yield Right-of-Way.  Vehicular traffic facing the ྿Yield Right-of-Way sign shall bear the primary responsibility of safely entering the primary intersecting or merging right-of-way.  All traffic facing the sign shall yield the right-of-way to all vehicles and pedestrians within such primary intersecting or merging right-of-way.  No vehicle facing a ྿Yield Right-of-Way sign shall enter the merging or intersecting right-of-way at a speed in excess of 15 miles per hour, except that this speed limit shall not apply to vehicles entering an expressway.

 (G) Lane lights.  When lane lights are installed over any street for the purpose of controlling the direction of flow of traffic, vehicular traffic shall move only in traffic lanes over which green arrows appear.  However, when flashing amber lights appear above a lane all left turns shall be made from that lane. Where red arrows appear above such lanes, vehicles shall not move against them.  If flashing amber lights show above a lane, that lane shall be used only for passing and for left turns unless a sign at such place prohibits such turn.

Penalty, see  70.99

Statutory reference:

 Traffic-control signals, see KRS 189.338

70.21  ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES. - Top of Section

 The city shall establish and maintain all official traffic-control devices necessary within the city.  All traffic-control devices, including signs, shall be employed to indicate one particular warning or regulation, shall be uniform, and as far as possible shall be placed uniformly.  All traffic-control devices and signs shall conform to required state specifications.

70.22  OBEDIENCE TO SIGNALS. - Top of Section

 (A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate, or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign must be approved by the city.

 (B) Such sign, signal, marking, or barrier shall have the same authority as the personal direction of a police officer.

Penalty, see  70.99

70.23  INTERFERENCE WITH SIGNALS. - Top of Section

 No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof.

Penalty see  70.99

70.24  UNAUTHORIZED SIGNALS OR MARKINGS. - Top of Section

 (A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal.  No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal any commercial advertising.  Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign whose placing has been approved by the city.

 (B) Every such prohibited sign, signal, or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed.

Penalty, see  70.99

70.25  DEVICE TO BE LEGIBLE AND IN PROPER POSITION. - Top of Section

 No provision of this traffic code for which signs or any other traffic-control device is required shall be enforceable against an alleged violator if at the time and place of the alleged violation the required device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.

70.26  TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS. - Top of Section

 In an emergency any police officer may at his discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.

 MOTOR VEHICLE NOISE

 70.40  SCOPE. - Top of Section

 This subchapter shall apply to the control of all noise caused by motor vehicles and originating within the limits of the city.

(Ord. 81-2, passed 2-16-81)

 70.41  DEFINITIONS. - Top of Section

 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 A-WEIGHTED SOUND LEVEL.  The sound pressure level in decibels as measured on a sound level meter using the Aweighting network.  The level so read is designated dB(A) or dBA.

 LIGHT MOTOR VEHICLE.  Any automobile, van, motorcycle, motor driven cycle, motor scooter or truck with gross vehicular weight of less than 18,000 pounds.

 MODIFIED EXHAUST SYSTEM.  An exhaust system in which.

  (1) The original noise abatement devices have been physically altered causing them to be less effective in reducing noise;

  (2) The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or

  (3) Devices have been added to the original noise abatement devices, such that noise levels are increased.

 NOISE.  Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

 NOISE LEVEL.  Shall refer to the Aweighted sound level produced by a motor vehicle.

 PERSON.  Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

 SOUND LEVEL METER.  An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing networks used to measure sound pressure levels.  The instrument shall comply with the standards for Type 1 or Type 2 sound level meters as specified in American National Standards Institute Standard ANSI 51.41971 or its successor.

 SOUND PRESSURE LEVEL.  Twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. The sound pressure level is expressed in decibels.

 TERMINOLOGY.  All terminology used in this subchapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

(Ord. 81-2, passed 2-16-81)

 70.42  dBA NOISE LIMIT. - Top of Section

 It shall be unlawful for any person to cause noise levels from the operation of a motor vehicle in excess of 80 dBA at any location within the corporate limits of the city.  Measurement can be made at any distance greater than or equal to 15 feet from the closest approach to the vehicle at any suitable site in accordance with procedures outlined in the Code of Recommended Practices on file with the City Clerk.

(Ord. 81-2, passed 2-16-81)  Penalty, see 70.99

 70.43  EXCESSIVE NOISE. - Top of Section

 It shall be unlawful for any person to operate a motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal, or as the result of the operation of audio devices such as but not limited to, radios, phonographs, and tape players.

(Ord. 81-2, passed 2-16-81)  Penalty, see 70.99

 70.44  STATIONARY TEST. - Top of Section

 At the request of the operator of the motor vehicle, the officer can administer a stationary motor vehicle noise test as outlined in the Code of Recommended Practices on file with the City Clerk.  If the officer cannot administer the test at the time of the request, he will notify the operator when and where the operator may have his vehicle tested.  The stationary motor vehicle noise test can provide information as to the extent of defectiveness of the exhaust system or as to whether excessive noise levels were caused by improper operation of the motor vehicle.

(Ord. 81-2, passed 2-16-81)

 70.45  AUDIBLE SIGNALLING DEVICES; BURGLAR ALARMS. - Top of Section

 (A) It shall be unlawful for any person to operate any horn or other audible signalling device on any motor vehicle except in an emergency or when required by law.

 (B) Burglar alarms on motor vehicles shall only be of the electronic signalling type which transmit a nonaudible signal to a receiver which can be carried by the owner or operator of the vehicle.

(Ord. 81-2, passed 2-16-81)  Penalty, see 70.99

70.99  PENALTY. - Top of Section

 Any person who violates any provision of this traffic code where no other penalty is specifically provided shall be guilty of a misdemeanor and shall be fined not less than $20 nor more than $500.

 CHAPTER 71:  TRAFFIC RULES - Back to Top

Section

 Operation Generally

 Accidents

 Safety Belt Requirement

 Prohibitions

 OPERATION GENERALLY

71.001  OBSTRUCTING TRAFFIC. - Back to Top

 (A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.

 (B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.

 (C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall be marked in a distinctive manner in order to indicate its importance.  Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he shall be deemed to have violated this division rather than division (B) above.

Penalty, see  71.999

71.002  REVERSE OR U TURNS. - Back to Top

 (A) The operator of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety without interfering with other traffic.  (KRS 189.330(8)) 

 (B) The driver of any vehicle shall not at any time make a U turn at any intersection in the city.

(Ord. 71-1, passed 4-19-71)  Penalty, see  71.999

 71.003  TURN PROCEDURES. - Back to Top

 The driver of a vehicle intending to turn at an intersection shall do as follows:

 (A) Right turns.  Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of roadway.

 (B) Left turn on two-way roadways.  At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection 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.

(Ord. 71-1, passed 4-19-71)

71.004  BACKING VEHICLES. - Back to Top

 (A) It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement.  A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel.

 (B) The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

(Ord. 71-1, passed 4-19-71)  Penalty, see  71.999

71.005  VEHICLES CROSSING SIDEWALKS. - Back to Top

 (A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the Chief of Police or other authorized city official.

 (B) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building, or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension.  On entering the roadway from the alley, driveway, or building the operator shall yield the right-of-way to all vehicles approaching on the roadway.  The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution. 

Penalty, see  71.999

 71.006  STOP AND YIELD INTERSECTIONS. - Back to Top

 (A) The Chief of Police is hereby authorized to determine and designate intersections where particular hazard exists upon other than through streets and to determine:

  (1) Whether vehicles shall stop at any such intersections in which event he shall cause to be erected a stop sign at every such place where a stop is required; or

  (2) Whether vehicles shall yield the right-of-way to vehicles on a different street, in which event he shall cause to be erected a yield sign at every place where obedience thereto is required.

 (B) Except when directed to proceed by a police officer or traffic-control signal, every drive of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

 (C) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a stopped 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 away.

(Ord. 71-1, passed 4-19-71)

 71.007  FUNERALS AND OTHER PROCESSIONS. - Back to Top

 (A) 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 chapter.  This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

 (B) 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.

 (C) 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 or other identifying insignia or by such other method as may be determined and designated by the Police Department.

(Ord. 71-1, passed 4-19-71)  Penalty, see 71.999

 71.008  OPENING AND CLOSING VEHICLE DOORS. - Back to Top

 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.

(Ord. 71-1, passed 4-19-71)  Penalty, see 70.99

 71.009  SPEED LIMITS. - Back to Top

 (A) No operator of a vehicle upon any street within the city shall drive at a greater speed than is reasonable and prudent, having regard for the traffic and for the condition and use of the roadway.

 (B) Where no condition exists that requires lower speed for compliance with division (A) of this section, the speed of any vehicle not in excess of the limits specified in this section shall be lawful, but any speed in excess of the limits specified in this section shall be unlawful.

 (C) The speed limit for all streets and roads within the city for which no specific speed limit is otherwise required shall be 25 miles per hour.

 (D) In the event that temporary conditions require that the authorized rate of speed on any street or roadway within the city be lower than that authorized by this section, the Chief of Police is authorized to regulate traffic so as to permit the movement of traffic in an orderly and safe manner and shall erect appropriate signs giving notice of the maximum reasonably rate of speed which shall not exceed the speeds otherwise set by this section.

 (E) The Anchorage Maintenance Department shall erect appropriate signs giving notice of the speeds authorized by this section.

(Ord. 71-1, passed 4-19-71)  Penalty, see 71.999

 ACCIDENTS

71.020  DUTY OF OPERATOR. - Back to Top

 It shall be the duty of the owner of, operator of, or passenger in any motor vehicle which is involved in an accident in which any person is injured or property damaged to stop immediately and ascertain the extent of the injury or damage and render such assistance as may be needed.

Penalty, see  71.999

Statutory reference:

 Duty in case of accident, see KRS 189.580

 71.021  NOTICE OF ACCIDENT; REPORT. - Back to Top

 (A) The driver of a vehicle involved in an accident resulting in injury to or death of any person shall, after compliance with the provisions of state law, by the quickest means of communication give notice of such accident to the Police Department if such accident occurs within the city.

 (B) The driver of a vehicle which is in any manner involved in an accident resulting in bodily injury to or death of any person or total damage to all property to an apparent extent of $100 or more shall immediately call the Police Department to investigate the accident and get the information for a report.  Such reports shall be on an approved form and shall give sufficient information to disclose with references to a traffic accident, the causes and conditions then existing and the persons and vehicles involved.

 (C) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there is another occupant in the vehicle at the time of the accident, such occupant shall make or cause to be given the notice not given by the driver.

(Ord. 71-1, passed 4-19-71)

 71.022  PUBLIC INSPECTION OF REPORTS RELATING TO ACCIDENTS. - Back to Top

 All written reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department or other governmental agencies having use for the records for accident prevention purposes, except that the Police Department or other governmental agencies may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident.

(Ord. 71-1, passed 4-19-71)

 SAFETY BELT REQUIREMENTS

 71.035  DEFINITIONS. - Back to Top

 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 STREET.  Any public road, highway, avenue, alley or boulevard, bridge, viaduct or trestle and the approaches to them and includes offstreet parking facilities offered for public use, whether publicly or privately owned, except for hire parking facilities.

 MOTOR VEHICLE.  Any selfpropelled vehicle which is capable of transporting one or more persons, but shall not include motorcycles, school buses, church buses, or other public conveyance vehicles; and road rollers, road graders, farm tractors, vehicles on which power shovels are mounted and such other construction and farming equipment customarily only used on the site of construction or farming and which is not practical for the transportation of persons or property upon the highways.

(Ord. 91-7, passed 7-23-91)

 71.036  DRIVER AND OCCUPANTS TO WEAR SAFETY BELTS. - Back to Top

 (A) Each driver and each occupant 16 years of age or older of a motor vehicle operated on the streets of the city shall wear a properly adjusted and fastened safety belt as provided for under Federal Motor Vehicle Safety Standard 208.

 (B) The driver of a motor vehicle operated on the streets of the city shall secure or cause to be secured in a properly adjusted and fastened safety belt system or child safety restraint any passenger under 16 years of age to whom the provisions of KRS 189.125 do not apply.

(Ord. 91-7, passed 7-23-91)

 71.037  EXEMPTIONS. - Back to Top

 The provisions of this section shall not apply to the following:

 (A) A motor vehicle manufactured before July 1, 1966;

 (B) A motor vehicle or passenger with a physically or psychologically handicapping condition which would prevent appropriate restrain in a safety belt or child safety restraint, provided, however, that the condition is duly certified by a physician who shall state the nature of the handicap, as well as the reason such restraint is inappropriate, and provided, further, that the written certification is in the possession of the driver or passenger, as applicable, at the time of the conduct in question; or

 (C) A motor vehicle which is not required to be equipped with a safety belt system under federal law.

(Ord. 91-7, passed 7-23-91)

 71.038  DETENTION SOLELY TO DETERMINE COMPLIANCE PROHIBITED. - Back to Top

 No person shall be stopped, inspected or detained solely to determine compliance with this section.

(Ord. 91-7, passed 7-23-91)  Penalty, see 71.999

 71.039  DISSEMINATION OF INFORMATION CONCERNING SAFETY BELTS. - Back to Top

 The City Clerk and the Anchorage Police Department shall immediately establish a program for disseminating information concerning this to both the citizens of Anchorage and the citizens of the county, who may from time to time pass through the city, about the requirements of this subchapter.  This program shall include, but not be limited to, direct mail dissemination through the City Newsletter, news releases, cooperative programs with other Anchorage civic groups and the Anchorage Public School, and such other programs as city officials deem appropriate and for which funds are available.

(Ord. 91-7, passed 7-23-91)

 PROHIBITIONS

 71.050  OPERATOR OF VEHICLE TO DRIVE CAREFULLY. - Back to Top

 (A) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.

 (B) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway.

(KRS 189.290) Penalty, see  71.999

71.051  RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY VEHICLES; DRIVING OVER FIRE HOSE. - Back to Top

 (A) (1) Upon the approach of an emergency vehicle equipped with, and operating, one or more flashing, rotating, or oscillating red or blue lights visible under normal conditions from a distance of 500 feet to the front of such vehicle; or 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, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the highway clear of any intersection, and stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a police officer or firefighter.

  (2) 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.  (Ord. 71-1, passed 41971)

 (B) Upon the approach of any emergency vehicle operated in conformity with the provisions of division (A) above, the operator of every vehicle shall immediately stop clear of any intersection and shall keep such position until the emergency vehicle has passed, unless directed otherwise by a police officer or firefighter.

 (C) No operator of any vehicle, unless he is on official business, shall follow any emergency vehicle being operated in conformity with the provisions of division (A) above closer than 500 feet, nor shall he drive into, park the vehicle into, or park the vehicle within the block where the vehicle has stopped in answer to an emergency call or alarm, unless he is directed otherwise by a police officer or firefighter.

 (D) No vehicle, train, or other equipment shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, private driveway, or track for use at any fire alarm unless the Fire Department Official in command consents that the hose be driven over.

(KRS 189.930)  Penalty, see  71.999

71.052  SMOKE EMISSION OR OTHER NUISANCE. - Back to Top

 Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke, or other nuisance, to protect the rights of other traffic, and to promote the public safety.

(KRS 189.020)  Penalty, see  71.999

 71.053  CONTROLLED ACCESS ROADWAYS. - Back to Top

 No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exists as are established by a public authority.

(Ord. 71-1, passed 4-19-71)  Penalty, see 71.999

 71.054  RIDING ON PORTION OF VEHICLE NOT INTENDED FOR PASSENGERS. - Back to Top

 No person shall ride any vehicle upon any 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, or to persons riding within truck bodies in space intended for merchandise.

(Ord. 71-1, passed 4-19-71)  Penalty, see 71.999

71.999  PENALTY. - Back to Top

 (A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall be guilty of a misdemeanor and shall be fined not less than $20 nor more than $500.

 (B) Any person who violates  71.51 shall be guilty of a misdemeanor and shall be fined not less than $60 nor more than $500, or be imprisoned in the county jail for not more than 30 days, or both.  (KRS 189.993(8))

 (C) Any violation of  70.009 or Chapter 76, Schedule I shall be punished as a violation of KRS 189.390 and in accordance with the penalty provisions of KRS 189.394 as the Statutes are currently enacted or may be subsequently amended.  (Ord. 91-6, passed 722-91)

 (D) Whoever violates any provision of  71.036 shall be guilty of a violation and shall be fined not more than $25.  (Ord. 91-6, passed 722-91)

 (Next page is page 23)

CHAPTER 72:  PARKING REGULATIONS - Back to Top

Section

 Parking Generally

 Impounding

       72.30 Impoundment of vehicles authorized; redemption
       72.31 Required notice to owner
       72.32 Sale of vehicle

 Identification Insignia

       72.60 Definitions
       72.61 Registration required
       72.62 Information to be obtained; standardized form
       72.63Issuance and display of insignia
       72.64Term of identification insignia
       72.65Fee
       72.66Exemptions
       72.99Penalty

Statutory reference:

 Revenues from fees, fines, and forfeitures related to parking, see KRS 65.120

Cross-reference:

 Citation on illegally parked vehicle, see

    70.61

 PARKING GENERALLY

72.01  OBSTRUCTIONAL PARKING; DOUBLE PARKING.

 (A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within the city either during the day or night.

 (B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.

Penalty, see  72.99

72.02  MANNER OF PARKING.

 (A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a one-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.

 (B) No vehicle shall be parked or left standing on any street unless its two right wheels are within six inches of and parallel with the curb, except that on one-way streets where parking is permitted on the left side the two left wheels are to be within six inches of and parallel with the curb.

 (C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that such loading and unloading and delivery of property and material shall not consume more than 30 minutes.  Such backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway of moving vehicles or occupies road space within ten feet of the center line of the street.

 (D) The city may establish diagonal parking at certain places, requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto.  However, diagonal parking shall not be established where the roadway space required therefor would be within ten feet of the center line of any street.  Such diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which such vehicle shall park.

 (E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for one vehicle.

 (F) That temporary parking along rights-of-way will be along one side only, so as to provide adequate fire and emergency vehicle passage for the protection of life and property.  (Ord. 86-7, passed 715-86) 

Penalty, see  72.99

72.03  LIMITATIONS OF STOPPING AND PARKING.

 It shall be unlawful for the operator of any vehicle to stop or park such  vehicle  except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:

 (A) On the mainly-traveled portion of any roadway or on any other place in the roadway where vehicles stand in any manner other than as specified in  72.02.

 (B) On a sidewalk.

 (C) In front of sidewalk ramps provided for persons with disabilities.

 (D) In front of a public or private driveway.

 (E) Within an intersection or crosswalk.

 (F) At any place where official signs prohibit stopping or parking.  This does not apply to police fficers when operating properly identified vehicles during the performance of their official duties.

 (G) Within 30 feet of any flashing beacon, traffic sign, or traffic-control device.

 (H) No person shall move a vehicle not lawfully under his control into any such prohibited area.

(KRS 189.450(5), (6))  Penalty, see  72.99

72.04  RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.

 (A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it 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 devices.

 (B) The provisions of this section imposing a time limit on parking shall not relieve any person from his duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.

 (C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.

 (D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.

 (E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.

 (F) (1) The city shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, appropriate signs shall be erected giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times may be painted a solid yellow color.

  (2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require such signs and markings.

 (G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.

Penalty, see  72.99

72.05  PARKING RESTRICTED TO ALLOW STREET CLEANING.

 The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day.  It shall be unlawful for the operator of any vehicle to stop on any street so designated.

Penalty, see  72.99

72.06  OVERNIGHT PARKING PROHIBITED.

 Overnight parking along rights-of-way is prohibited and violations will be towed away to the city's impound lot at the owner's expense.

(Ord. 84-6, passed 6-25-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-15-86)  Penalty, see  72.99

72.07  PARKING ON PARADE ROUTE.

 (A) The Chief of Police or other authorized city official shall have the authority, whenever in his judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent such parking.

 (B) It shall be unlawful to park or leave unattended any vehicle in violation of such signs or directions.

Penalty, see  72.99

 72.08 PARKING ON OFF-STREET FACILITY.

 (A) It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of such property or facility.

 (B) If at any time a vehicle is parked, abandoned, or otherwise trespass in violation of division (A) of this section, the owner, lessee, or person in charge of the property or facility may have the unauthorized motor vehicle removed in accordance with the provisions of ࿙࿙ 72.20 through 72.22.

 (C) Every property owner or operator of an off-street parking facility shall post signs stating thereon that the property or parking lot or facility is privately owned and that unauthorized vehicle will be removed at the owner's expense before exercising the authority granted in division (B).

Penalty, see  72.99

Statutory reference:

 Removal of vehicles by owners of private parking lots; signs, see KRS 189.725

72.09  OWNER RESPONSIBILITY.

 If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.

Penalty, see  72.99

72.10  PARKING IN PARKS.

 It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot, or tot lot within the city not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as pro-hibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least two wheels of the motor vehicle are resting on such roadway.

Penalty, see  72.99

72.11  DISPLAY OF PARKED VEHICLE FOR SALE.

 It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street.

Penalty, see  72.99

72.12  HANDICAPPED PARKING REGULATIONS.

 (A) All owners of offstreet parking facilities intended for public use shall have a number of level parking spaces as set forth in the following table, identified by above grade signs as reserved for physically handicapped persons.  Each reserved parking space shall be not less than 12 feet wide.

Accessible Parking Spaces

Total Parking in Lot

Required Number of Accessible Spaces

Up to 25

1

26 to 50

2

51 to 75

3

76 to 100

4

101 to 150

5

151 to 200

6

201 to 300

7

301 to 400

8

401 to 500

9

501 to 1000

2% of total

Over 1000

20 plus 1 for each 100 over 1000

(B) Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways, and entrances.  Parking spaces shall be located so that the physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.

 (C) A motor vehicle bearing a license plate for a disabled veteran issued under authority of KRS 186.042 or a special license place for a handicapped person issued under authority of KRS 186.042 or a special parking permit for handicapped persons issued by the Jefferson County Clerk's Office, Jefferson County, Kentucky, when operated by a handicapped person or when transporting a handicapped person may be parked in a designated handicapped parking place, or when parked where any parking limit is imposed may be parked for two hours in excess of such parking limit.  Such motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person from the building or entrance or exit of a handicapped person from the parked vehicle, but in no circumstances longer than 30 minutes.

 (D) This section shall neither permit parking in a nostopping or noparking zone nor where parking is prohibited from the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon, or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.

(Ord. 83-3, passed 6-27-83)  Penalty, see  72.99

 72.13  PARKING PROHIBITED WHERE DESIGNATED BY OFFICIAL SIGNS; PLACEMENT OF SIGNS.

 (A) Parking where official signs prohibit will result in either a citation or will be towed away to the city's impound lot at the owner's expense.

 (B) The placement of official signs regulating parking will be determined by the Chief of Police with the approval of the Town Council.

(Ord. 84-6, passed 6-24-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-15-86)  Penalty, see  72.99

 72.14  OBSTRUCTION OF FIRE LANE.

 No area which has been designated and properly marked as a fire lane shall be blocked or obstructed at any time.

(Ord. 84-6, passed 6-25-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-1-86; Am. Ord. 2, passed 42787)  Penalty, see  72.99

 72.15  SHORT-TERM DAYTIME PUBLIC PARKING.

 Designated short-term daytime public parking be available in front of the Anchorage Post Office, City Hall and Police Station and off right-of-way serving businesses and institutions within the city.

(Ord. 84-6, passed 6-25-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-15-86)

 72.16  CONFORMANCE WITH COUNTY RESIDENTIAL ZONES.

 Regular parking of automobiles at residences must conform to regulations established by county residential zones.

(Ord. 84-6, passed 6-24-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-15-86; Am. Ord. 2, passed 427-87)

 72.17  CERTAIN VEHICLES; OTHER ITEMS TO BE CONCEALED.

 The  type of vehicles which must be housed in permanently concealed fenced areas or in legal accessory or attached structures shall include but is not limited to the following:  campers, mobile homes, live in trailers, buses, boats with sleeping quarters, recreational vehicles, dump trucks, commercially licensed vehicles over 10,000 pounds, farm and construction equipment other than that regularly used for the maintenance of the property or being temporarily used for maintenance or improvement purposes, and mobile billboards and signs.  Lawn and garden trailers and two horse trailers may be parked in rear yards.

(Ord. 84-6, passed 6-24-84; Am. Ord, 1, passed 82784; Am. Ord. 86-7, passed 7-15-86; Am. Ord. 2, passed 427-87)  Penalty, see  72.99

 72.18  TEMPORARY PARKING PERMITS.

 Temporary parking permits may be obtained for vehicles listed in  72.17 for the purposes of unconcealed repairs and the like.  These temporary permits will have a beginning and ending date and will be issued by the City Clerk.

(Ord. 84-6, passed 6-25-84; Am. Ord. 1, passed 82784; Am. Ord. 86-7, passed 7-15-86)

 IMPOUNDING

72.30  IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.

 (A) All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.

 (B) A vehicle slated for impoundment will be tagged and placed under control of the Police Department.  Should a vehicl