TITLE VII: TRAFFIC CODE
Chapter
70. GENERAL PROVISIONS
71. TRAFFIC RULES
72. PARKING REGULATIONS
73. BICYCLES AND MOTORCYCLES
74. PEDESTRIANS
75. VEHICLE EQUIPMENT
76. TRAFFIC SCHEDULES
77. PARKING SCHEDULES
CHAPTER 70: GENERAL PROVISIONS
Section
70.01 Definitions
70.02 Required obedience to traffic directions
70.03 Powers and duties of Police Department
70.04 Authority for enforcement
70.05 Temporary regulations
70.06 Emergency vehicles exempt from traffic regulations
70.07 Adoption of drug and alcohol testing policy
Traffic-Control Devices
70.15 Signal legends
70.16 Establishment and maintenance of traffic-control devices
70.17 Obedience to signals
70.18 Interference with signals
70.l9 Unauthorized signals or markings
70.20 Device to be legible and in proper position
70.21 Temporary disregard of devices by police officers
70.22 Yield right-of-way signs
Vehicle License Tax
70.35 License required
70.36 Application; fee; exemptions
70.37 Term
70.38 Sticker to be displayed; replacement
70.39 Transfer
70.40 Evidence of ownership
70.99 General penalty
§ 70.01 DEFINITIONS.
For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"BOULEVARD." Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.
"BUSINESS DISTRICT." The territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes which occupy 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. (KRS 189.390(7))
"CROSSWALK." That part of a roadway at an intersection within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (KRS 189.010(2))
"CURB." The boundary of that portion of the street used for vehicles whether marked by curbstones or not.
"EMERGENCY VEHICLE." Any vehicle used for emergency purposes by a fire department; any vehicle used for emergency purposes by the state police, a public police department, state Corrections Cabinet vehicles, or a 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 with the emergency lights required under KRS 189.920 used by a paid or volunteer firefighter 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) ('78 Code, § 8-82)
"HIGHWAY." Any public road, street, avenue, alley, boulevard, bridge, viaduct, or trestle and the approaches to them and any off-street parking facilities offered for public use, whether publicly or privately owned, except for-hire parking facilities listed in KRS 189.700. (KRS 189.010(3))('78 Code, § 8-1)
"INTERSECTION."
(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, but do not necessarily continue, at approximately right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict; or
(2) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
(3) The junction of a private alley with a public street or highway shall not constitute an intersection.
(KRS 189.010(4))
"MOTOR TRUCK." Any motor-propelled vehicle designed for carrying freight or merchandise. It shall not include self-propelled vehicles designed primarily for passenger transportation, but equipped with frames, racks, or bodies having a load capacity of not exceeding 1,000 pounds. (KRS 189.010(5))('78 Code, § 8-1)
"MOTORCYCLE." Any motor-driven vehicle having a seat or saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, but excluding tractors and vehicles on which the operator and passengers ride in an enclosed cab and excluding a moped as defined in KRS 189.285. (KRS 189.285)('78 Code, § 8-1)
"NIGHTTIME." The period from one-half hour after sunset until one-half hour before sunrise, and at such other periods as atmospheric conditions render visibility as low as or lower than is ordinarily the case during that period; "DAYTIME" means at any other period. (KRS 189.390(7))
"NONURBANIZED AREA." An area located outside of the federal-aid urban boundary designated for urbanized areas of 50,000 population or more as defined by the Bureau of Census. (KRS 189.390(7))
"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." The person in actual physical control of a vehicle. (KRS 189.010(6))('78 Code, § 8-l)
"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. (KRS 189.010(7))
"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 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.
"PUBLIC SAFETY VEHICLE." Public utility repair vehicle; wreckers; state, county, or municipal service vehicles and equipment; highway equipment which performs work that requires stopping and standing or moving at slow speeds within the traveled portions of highways; and vehicles which are escorting wide-load or slow-moving trailers or trucks. (KRS 189.910)('78 Code, § 8-82)
"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.
"REFLECTANCE." The ratio of the amount of total light, expressed in a percentage, which is reflected outward by the product or material to the amount of total light falling on the product or material. (KRS 189.010(l9))
"REVERSE TURN." To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
"RESIDENTIAL DISTRICT." The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (KRS 189.390(7))
"RIGHT-OF-WAY." The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (KRS 189.010(8))
"ROADWAY." That portion of a 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 herein shall refer to any roadway separately but not to all such roadways collectively. (KRS
189.010(9))
"SAFETY ZONE." The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (KRS
189.010(10))
"SEMITRAILER." A vehicle designed to be attached to, and having its front end supported by, a motor truck or truck tractor, intended for the carrying of freight or merchandise and having a load capacity of over l,000 pounds. (KRS 189.010(ll))('78 Code, § 8-l)
"SHARP CURVE." A curve of not less than 30 degrees. (KRS
189.010(13))('78 Code, § 8-l)
"SIDEWALK." That portion of the street between the curb and the property line intended for the use of pedestrians.
"STEEP GRADE." A grade exceeding 7%. (KRS 189.010(15)) ('78
Code, § 8-l)
"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.
"SUNSCREENING MATERIAL." A product or material, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduces the effects of the sun with respect to light reflectance or transmittance. (KRS
189.010(20))
"TRAFFIC." Pedestrians, ridden or herded animals, vehicles, buses, and other conveyances, individually or collectively, while using any street for the purpose of travel.
"TRAILER." Any vehicle designed to be drawn by a motor truck or truck tractor, but supported wholly upon its own wheels, intended for the carriage of freight or merchandise, and having a load capacity of over l,000 pounds. (KRS 189.010(16))
"TRANSMITTANCE." The ratio of the amount of total light, expressed in a percentage, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing. (KRS
189.010(21))
"TRUCK TRACTOR." Any motor-propelled vehicle designed to draw and to support the front end of a semitrailer. The semitrailer and the truck tractor shall be considered to be one unit. (KRS
189.010(12))
"UNOBSTRUCTED HIGHWAY." A straight, level, first-class road upon which no other vehicle is passing or attempting to pass, and upon which no other vehicle or pedestrian is approaching in the opposite direction, closer than 300 yards. (KRS 189.010(17))
"VEHICLE." All agencies for the transportation of persons or property over or upon the public highways of the city or state and all vehicles passing over or upon said highways, except road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electric power obtained from overhead wires while being operated within the city or where said vehicles do not travel more than five miles beyond the city limits. "MOTOR VEHICLE" includes all vehicles as defined above which are propelled otherwise than by muscular power. (KRS 189.010(18))('78 Code, § 8-l)
"WINDOW." Any device designed for exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device having less than 150 square inches in area. (KRS
189.010(22))
"WRECKER." A motor vehicle on which a wrecking crane and other equipment suitable for motor vehicle wrecker service has been permanently mounted. (KRS 189.011)('78 Code, § 8-l)
§ 70.02 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(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) No operator of a vehicle, after having received a visual or audible signal from a traffic officer or marked police vehicle, shall knowingly flee or attempt to elude any traffic officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, the traffic officer, or other vehicles or pedestrians, nor shall he increase the speed of his vehicle or extinguish the lights of his vehicle in an attempt to elude or flee. (KRS 189.393)('78 Code, § 8-6)
(C) 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.
(D) 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
Cross-reference:
Emergency vehicles exempt from traffic regulations, see § 70.06
§ 70.03 POWERS AND DUTIES OF POLICE DEPARTMENT.
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.
§ 70.04 AUTHORITY FOR ENFORCEMENT.
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
§ 70.05 TEMPORARY REGULATIONS.
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/Treasurer shall be notified in writing of the extended order.
(Am. Ord. 91-07, passed 5-8-91)
§ 70.06 EMERGENCY VEHICLES EXEMPT FROM TRAFFIC REGULATIONS.
(A) The speed limitations set forth in state law and this code do not apply to emergency vehicles when responding to emergency calls or to police vehicles when in pursuit of an actual or suspected violator of the law or to ambulances when transporting a patient to medical care facilities and when the driver thereof is giving the warning required by divisions (E)(l) and (2) below. No portion of this section shall be construed to relieve the driver of the duty to operate the vehicle with due regard for the safety of all persons using the street or highway.
(B) The driver of an emergency vehicle, when responding to an emergency call or of a police vehicle in pursuit of an actual or suspected violator of the law or of an ambulance transporting a patient to a medical care facility and giving the warning required by division (E) below upon approaching any red light or stop signal or any stop sign shall slow down as necessary for safety to traffic, but may proceed past such red or stop light or stop sign with due regard for the safety of persons using the street or highway.
(C) The driver of an emergency vehicle, when responding to an emergency call or of a police vehicle in pursuit of an actual or suspected violator of the law or of an ambulance transporting a patient to a medical care facility and giving warning required by division (E) below may drive on the left side of any highway or on the opposite direction of a one-way street provided the normal lanes of traffic are blocked and he does so with due regard for the safety of all persons using the street or highway.
(D) The driver of an emergency or public safety vehicle may stop or park his vehicle upon any street or highway without regard to the provisions of KRS 189.390 and 189.450 or any city parking regulations set forth in this code, provided that, during the time the vehicle is parked at the scene of an emergency, at least one warning light is in operation at all times.
(E) The driver of an emergency vehicle desiring the use of any option granted by division (A), (B), or (C) above shall give warning in the following manner:
(1) By illuminating the vehicle's warning lights continuously during the period of the emergency; and
(2) By continuous sounding of the vehicle's siren, bell, or exhaust whistle; unless
(3) The vehicle is an ambulance and the driver is of the opinion that sounding of the siren, bell, or exhaust whistle would be detrimental to the victim's health. In the event the driver of an ambulance elects not to use the siren, bell, or exhaust whistle he shall not proceed past red lights or drive in the opposite direction on a one-way street or in oncoming lanes of traffic unless no other vehicles are within 500 feet of the front of the ambulance. The driver shall not extinguish the warning lights during the period of the emergency.
(F) No driver or operator of any emergency or public safety or other vehicle shall use the warning lights or siren, bell, or exhaust whistle of his vehicle for any purposes or under any circumstances other than those permitted by § 75.02 or KRS 189.910 through 189.950.
(G) KRS 189.910 through 189.950 and § 75.02 do not relieve the driver of any emergency or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.
(KRS 189.940)('78 Code, § 8-84) Penalty, see § 70.99
§ 70.07 ADOPTION OF DRUG AND ALCOHOL TESTING POLICY.
The City of Carrollton has adopted the Commercial Vehicle Operator's Drug and Alcohol Testing Policy. It is effective as of January 1 1996.
(Ord. 95-20, passed 12-21-95)
TRAFFIC-CONTROL DEVICES
§ 70.15 SIGNAL LEGENDS.
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
§ 70.16 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
(A) 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.
(B) The presence and existence of any traffic-control signs, signals, markings, or devices, including no parking lines and parking meters, which are in existence and in place as of the date of adoption of this code is hereby ratified and confirmed by the City Council, and all of same shall be deemed to have been authorized by the City Council. ('78 Code, §§ 8-ll and 8-14)
§ 70.17 OBEDIENCE TO SIGNALS.
(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
§ 70.18 INTERFERENCE WITH SIGNALS.
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.l9 UNAUTHORIZED SIGNALS OR MARKINGS.
(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 bearing 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) No person shall install or maintain a red, yellow, green, or similarly colored flashing light within 100 feet of the right-of-way of any highway for any purpose other than safety, highway construction, or emergency purposes. (KRS 189.045)('78
Code, § 8-13)
(C) 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
§ 70.20 DEVICE TO BE LEGIBLE AND IN PROPER POSITION.
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.
§ 70.21 TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS.
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.
§ 70.22 YIELD RIGHT-OF-WAY SIGNS.
When it is determined, upon the basis of an engineering and traffic investigation at an intersection, that vehicle stop signs are more restrictive than necessary for the safe and efficient control of that intersection's vehicular movements, yield right-of-way signs may be installed by the City Council on one or more of the intersection approaches for the purpose of assigning right-of-way. The driver of a vehicle, in obedience to a yield right-of-way sign shall yield right-of-way to vehicles not so obligated to yield or stop which are within the intersection or approaching so closely as to constitute an immediate hazard; but such driver, having so yielded, may proceed at such time as a safe interval occurs.
(KRS 189.335)('78 Code, § 8-12) Penalty, see § 70.99
§ 70.35 LICENSE REQUIRED.
Unless exempted under § 70.36(C), it shall be unlawful for any person residing in the city to use or operate any motor vehicle within the limits of the city or for any person residing outside of the city to use or operate or cause to be used or operated any motor vehicle within the limits of the city in connection with a business conducted or regular employment or occupation followed within the limits of the city without first having obtained a license to use or operate the same and paid the license fee as provided in this subchapter.
('78 Code, § 8-115)(Ord., passed 3-7-56; Am. Ord., passed 12-10-80)
§ 70.36 APPLICATION; FEE; EXEMPTIONS.
(A) Each and every person owning or operating a motor vehicle in the city, except as set forth in division (C) of this section, shall immediately upon the acquisition thereof, make application to the City Clerk/Treasurer for a license therefor, and shall furnish to the City Clerk/Treasurer the name and address of the owner thereof, the name of the motor vehicle, the model, the capacity, and the number of the license so furnished the owner by the state. ('78 Code, § 8-116)
(B) Each person desiring the license required by division (A) shall pay to the city a license tax as follows:
(l) For each motorcycle, motor scooter, and motor bicycle, $5.
(2) For each private passenger automobile, $10.
(3) Unless exempted by division (C) of this section, for each motor truck, truck tractor, semitrailer, and trailer (as defined in § 70.01 and herein referred to as trucks and trailers) the amount of the license tax shall be determined by the declared gross weight (as defined in KRS 186.030) of each such truck and trailer as follows:
(a) Declared gross weight of 7,000 pounds or less, $10.
(b) Declared gross weight of 18,000 pounds or less, but more than 7,000 pounds, $15.
(c) Declared gross weight in excess of 18,000 pounds, $20.
('78 Code, § 8-118)
(Ord., passed 3-7-56; Am. Ord., passed 4-l-70; Am. Ord., passed
12-10-80; Am. Ord. 91-07, passed 5-8-91)
(C) This subchapter shall not apply to any motor vehicle operating under a motor carrier certificate or permit issued pursuant to KRS Chapter 281, nor to any nonresident motor vehicle operated under a certificate or permit from a state with which the state of Kentucky has a reciprocity agreement pursuant to KRS 281.835.
Penalty, see § 70.99
§ 70.37 TERM.
The license required by the provisions of this subchapter shall expire on May 15 of each year. Any person acquiring a motor vehicle after the fifteenth day of May shall pay the pro rata share of the license tax computed on a monthly basis, but in no event shall such license tax be for a less period of time than six months, and if such license is not procured within 30 days after acquiring the motor vehicle, there also shall be added to the license tax a penalty of 10% thereof. If a required license tax is not paid before the fifteenth day of May in each year, there shall be added thereto a penalty of 10% thereof.
('78 Code, § 8-117)(Ord., passed 3-7-56; Am. Ord., passed 12-10-80)
Penalty, see § 70.99
§ 70.38 STICKER TO BE DISPLAYED; REPLACEMENT.
The license sticker required by this subchapter shall be in the form of a sticker which the licensee shall display upon the vehicle at all times. If the sticker is inadvertently lost or destroyed, a replacement sticker will be provided at a cost to the owner of $l.
('78 Code, § 8-ll9)(Ord., passed 3-7-56; Am. Ord., passed 12-10-80)
Penalty, see § 70.99
§ 70.39 TRANSFER.
It shall be unlawful for any person to transfer from one motor vehicle to another any license issued pursuant to the provisions of this subchapter, and whenever any motor vehicle for which a license has been issued changes ownership, such license shall remain on the motor vehicle and shall be a valid license for the same until the expiration of the year for which it was issued.
('78 Code, § 8-121)(Ord., passed 3-7-56; Am. Ord., passed 12-10-80) Penalty, see § 70.99
§ 70.40 EVIDENCE OF OWNERSHIP.
Possession of a state license or license tag shall be prima facie evidence of ownership and operation of any motor vehicle coming under the provisions of this subchapter.
('78 Code, § 8-120)(Ord., passed 3-7-56; Am. Ord., passed 12-10-80)
§ 70.99 GENERAL PENALTY.
(A) Whoever violates any provision of this traffic code where no other penalty is specifically provided shall be fined not less than $20 nor more than $500 for each offense. (KRS 189.990(l))
(B) Whoever violates § 70.02(B) shall, for a first offense, be guilty of a misdemeanor and shall be subject to a fine of not less than $35 nor more than $500, imprisonment for not less than five days nor more than 90 days, or both. Upon a second and subsequent offenses, the penalty shall consist of a fine of not less than $60 nor more than $500, imprisonment for not less than ten days nor more than six months, or both. (KRS 189.990(18))
(C) Whoever violates § 70.06 shall be guilty of a misdemeanor and shall be fined not less than $60 nor more than $1000, be imprisoned for not more than six months, or both. In the case of a private vehicle, all lighting and other equipment used in violation of KRS 189.910 to 189.950 or § 75.02 shall be confiscated and forfeited to the county in which the offense occurred.
(l) If a member of the Fire Department, ambulance service, or rescue squad violates any provisions of § 70.06(F), he shall, in addition to any other penalty provided herein, be immediately dismissed from his employment with the Fire Department, ambulance service, or rescue squad and shall be disqualified from being employed by or being a member of any fire department, ambulance service, or rescue squad in the state for a period of three years.
(2) Upon conviction of a second offense, he shall be permanently barred from employment or membership in any fire department, ambulance service, rescue squad, police department, or sheriff's office in the state, nor shall he be permitted to operate any public safety vehicle as defined in § 70.01.
(KRS 189.993(9),(10))
(D) Whoever violates § 70.l9(B) shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $1000 for each offense. (KRS 189.993(l))
CHAPTER 71: TRAFFIC RULES
Section
Operation Generally
71.01 Obstructing traffic
71.02 Reverse or U turns
71.03 Backing vehicles
71.04 Vehicles crossing sidewalks
71.05 Coasting
71.06 Operator to drive carefully; obstruction to control
71.07 Vehicle to keep to right
71.08 Turning and right-of-way at intersections
71.09 Approaching, turning around on curve or grade
71.10 Starting a parked vehicle
71.11 Speed limits
71.12 Passing vehicles
71.13 Overtaking vehicles; traffic lanes; following vehicles
71.14 Signals and assistance in passing or overtaking
71.15 Passing stopped bus
71.16 Duty of operator at railroad crossings
71.17 Duty of operator on approach of emergency vehicle
71.18 Duty of operator in accident; report
Prohibitions
71.25 Operator of vehicle to drive carefully
71.26 Right-of-way of emergency vehicles; following emergency
vehicles; driving over fire hose
71.27 Smoke emission or other nuisance
71.28 Towed vehicles
71.29 Dragging logs or stones on highways
71.30 Racing
71.31 Operating a vehicle while under the influence of
intoxicants
Parades
71.40 Definitions
71.41 Permit required
71.42 Application for permit
71.43 Standards for issuance of permit
71.44 Notice of rejection of permit
71.45 Appeal procedure when permit denied
71.46 Alternative permit
71.47 Notice to city and other officials when permit issued
71.48 Contents of permit
71.49 Duties of permittee
71.50 Public conduct during parades
71.51 Revocation of permit
71.99 Penalty
§ 71.01 TRAFFIC RULES
OPERATION GENERALLY
§ 71.01 OBSTRUCTING TRAFFIC.
(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 § 71.99
§ 71.02 REVERSE OR U TURNS.
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)) Penalty, see § 71.99
§ 71.03 BACKING VEHICLES.
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.
Penalty, see § 71.99
§ 71.04 VEHICLES CROSSING SIDEWALKS.
(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 § 71.99
§ 71.05 COASTING.
(A) The driver of a motor vehicle when traveling upon a downgrade shall not coast with the gears of the vehicle in neutral.
(B) The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.
(KRS 189.430)('78 Code, § 8-7) Penalty, see § 71.99
§ 71.06 OPERATOR TO DRIVE CAREFULLY; OBSTRUCTION TO CONTROL.
(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)('78 Code, § 8-25)
(C) No person shall operate a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the operator to the front or sides of the vehicle or as to interfere with the operator's control over the vehicle.
(D) No passenger in a vehicle or streetcar shall ride in such a position as to interfere with the operator's view ahead or to the sides, or to interfere with his control over the vehicle or streetcar.
(KRS 189.470)('78 Code, § 8-102) Penalty, see § 71.99
§ 71.07 VEHICLE TO KEEP TO RIGHT.
(A) The operator of any vehicle when upon a highway shall travel upon the right side of the highway whenever possible, and unless the left side of the highway is clear of all other traffic or obstructions for a sufficient distance ahead to permit the overtaking and passing of another vehicle to be completed without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle being overtaken. The overtaking vehicle shall return to the proper traffic lane as soon as practical and, if the passing vehicle enters the oncoming traffic lane, before coming within 200 feet of any approaching vehicle.
(B) The operator of any vehicle moving slowly upon a highway shall keep his vehicle as closely as practicable to the right-hand boundary of the highway, allowing more swiftly moving vehicles reasonably free passage to the left.
(KRS 189.300)('78 Code, § 8-26) Penalty, see § 71.99
§ 71.08 TURNING AND RIGHT-OF-WAY AT INTERSECTIONS.
(A) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(B) The right-of-way rule declared in division (A) is modified at highways and through intersections and as otherwise stated in this traffic code.
(C) Preferential right-of-way may be indicated by stop signs or yield signs. The city may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersections.
(D) Except when directed to proceed by a police officer, every operator of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the operator has view of approaching traffic on the intersecting roadway before entering it. After having stopped the operator shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such operator is moving across or within the intersection or junction of roadways.
(E) The operator of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway before entering it. After slowing and stopping, the operator shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such operator is moving across or within the intersection or junction of roadways. Provided, however, that if such an operator is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way.
(F) The operator of a vehicle intending to turn shall do so as follows:
(l) 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 the roadway.
(2) Left turns. The operator of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme right-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.
(G) The city may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles and when such devices are so placed no operator shall turn a vehicle other than as directed and required by such devices.
(H) The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
(I) The operator of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed.
(J) On highways with a center lane restricted for left turns off the highway by vehicles proceeding in both directions:
(1) A left turn shall not be made from any other lane and
(2) A vehicle shall not be driven in a center lane as described in this subsection except when preparing for or making a left turn off the highway or merging onto the highway after making a left turn form a side road or other entrance.
(KRS 189.330(l)-(7), (9), (10))('78 Code, § 8-27) Penalty, see § 71.99
§ 71.09 APPROACHING, TURNING AROUND ON CURVE OR GRADE.
(A) Every operator of a motor vehicle, or bicycle when approaching a curve or an obstruction that prevents a clear view of the highway for a distance ahead of 150 feet, shall hold the motor vehicle or bicycle under control and shall give warning by horn or other sound device of his approach. (KRS 189.410) ('78 Code, § 8-29)
(B) No vehicle shall be turned around upon any curve, or upon the approach to, or near the crest of a grade, unless it can be seen for a distance of 500 feet by the driver of any other vehicle approaching from either direction. (KRS 189.400) ('78 Code, § 8-28) Penalty, see § 71.99
§ 71.10 STARTING A PARKED VEHICLE.
No person shall start a vehicle that is stopped or parked unless and until the movement can be made with reasonable safety.
(KRS 189.440) ('78 Code, § 8-30) Penalty, see § 71.99
§ 71.11 SPEED LIMITS.
(A) No operator of a vehicle upon a highway shall drive at a greater speed than is reasonable and prudent, having regard for the traffic and for the condition and use of the highway.
(1) Unless a different speed limit has been lawfully established by the city or the state, no vehicle shall be operated at a speed in excess of 25 miles per hour, with the following exceptions:
(a) The following streets maintain a speed limit of 20 miles per hour:
Main Street
First, Third, Court, Sixth and Seventh Streets between Highland Avenue and Main Street.
Second Street from Highland Avenue to the Ohio River, through and including Point Park.
Fourth and Fifth Streets from Highland Avenue to the Ohio River.
(b) The following streets shall maintain a speed limit of 35 miles per hour:
Gillock Avenue.
(2) No person shall drive a motor vehicle at such a slow
speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(3) In every charge for a violation of any speed limit specified in this section or established as herein authorized, the warrant or citation shall specify the speed at which the defendant is alleged to have driven, also the lawful speed limit applicable at the location where the violation is charged to have occurred.
(KRS 189.390) ('78 Code, § 8-31)
(4) The speed limit on all highways where school flasher lights are in operation shall be 25 miles per hour. Flasher lights shall be placed one-eighth of a mile on each side of the principal school building where practical. "HIGHWAYS" as used in this division shall mean any public road or street maintained by a city, county, or the state. (KRS 189.336) ('78 Code, § 8-32)
(B) Penalty. Whoever violates this section shall be subject to the same fine as set forth in the fine schedule of KRS 189.394.
(Am. Ord. 97-11, passed 7-16-97; Am. Ord. 00-06, passed 5-10-00)
§ 71.12 PASSING VEHICLES.
(A) Two vehicles passing or about to pass each other in opposite directions shall have the right-of-way, and no other vehicle to the rear of those two vehicles shall pass or attempt to pass either of those vehicles.
(B) Vehicles proceeding from opposite directions shall pass each other from the right, each giving to the other one-half of the highway as nearly as possible.
(C) Every person operating a vehicle on a highway and approaching any animal being ridden or driven, shall exercise every reasonable precaution to prevent frightening the animal and to insure the safety of the person riding or driving it.
(KRS 189.310) ('78 Code, § 8-33) Penalty, see § 71.99
§ 71.13 OVERTAKING VEHICLES; TRAFFIC LANES; FOLLOWING VEHICLES.
(A) Vehicles overtaking other vehicles proceeding in the same direction shall pass to the left of them and shall not again drive to the right until reasonably clear of those vehicles. Vehicles overtaking streetcars may pass either to the right or left when so directed by a police officer, when on a one-way street or where the location of the tracks prevents compliance with this section, with regard for other traffic.
(B) The operator of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(l) When the vehicle overtaken is making or about to make a left turn;
(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(C) The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movements in safety. Such movement shall not be made by driving off the roadway unless passing vehicle comes to a complete stop and such movement may be made safely.
(D) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 200 feet of any vehicle approaching from the opposite direction.
(E) The City Council shall determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.
(F) Whenever any roadway has been divided into three clearly marked lanes for travel the following additional rules shall apply:
(1) A vehicle shall be driven as nearly as may be practical entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety;
(2) A vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where a center lane is at the time allocated exclusively to traffic moving in the direction in which the vehicle is proceeding and is signposted to give notice of the allocation;
(3) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and operators of vehicles shall obey the directions of such signs.
(G) A vehicle shall not be driven in the left lane of any limited access highway of four lanes or more with a posted speed limit of 65 miles per hour except in overtaking a slower vehicle, yielding to traffic coming onto such a highway, or when traffic conditions exist which would prohibit safe use of right or center lanes.
(H) The operator of any motor truck, semitrailer truck, bus, or heavy construction equipment unit when traveling upon a highway outside of a business or residential district shall not follow within 250 feet of another such vehicle or equipment unit. This division (H) shall not prevent overtaking and passing, not shall it apply to any lane specially designated for use of motor trucks or semitrailer trucks, buses, or heavy construction equipment units.
(KRS 189.340)('78 Code, § 8-34) Penalty, see § 71.99
§ 71.14 SIGNALS AND ASSISTANCE IN PASSING OR OVERTAKING.
(A) The operator of a vehicle about to be overtaken and passed shall give way to the right in favor of the overtaking vehicle, upon audible signal being given by the overtaking vehicle, if the overtaking vehicle is a motor vehicle or bicycle.
(B) In all cases of meeting, passing, or overtaking of vehicles such assistance shall be given by the operator and occupants of each vehicle, respectively, to the other as the circumstances reasonably demand, in order to obtain clearance and avoid accidents.
(KRS 189.350) ('78 Code, § 8-35) Penalty, see § 71.99
§ 71.15 PASSING STOPPED BUS.
(A) If any school or church bus used in the transportation of children is stopped upon a highway for the purpose of receiving or discharging passengers, with the stop arm and signal lights activated, the operator of a vehicle approaching from any direction shall bring his vehicle to a stop and shall not proceed until the bus has completed receiving or discharging passengers and has been put into motion. The stop requirement provided for in this section shall not apply to vehicles approaching a stopped bus from the opposite direction upon a highway of four or more lanes.
(B) Division (A) of this section shall be applicable only when the bus displays the markings and equipment required by state minimum specifications for school buses.
(C) If any vehicle is witnessed to be in violation of division (A) of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered or leased was the operator of the vehicle at the time of the alleged violation and is subject to the penalties as provided for in KRS 189.990(6).
(KRS 189.370) ('78 Code, § 8-36) Penalty, see § 71.99
§ 71.16 DUTY OF OPERATOR AT RAILROAD CROSSINGS.
(A) The operator of a vehicle shall stop and remain standing at a railroad grade crossing when a crossing gate is lowered or when a flagman gives a signal of the approach or passage of a train.
(B) Whenever the tracks of any railroad or interurban railway over which regularly scheduled trains or cars are operated are designated as unsafe by the State Department of Highways, no operator of any vehicle shall cross the crossing without first bringing his vehicle to a full stop no closer than a marked stop line or 15 feet, nor more than 30 feet, from the nearest rail of the tracks.
(KRS 189.560) ('78 Code, § 8-53)
(C) Operators of all buses and motor vehicles used for transporting children shall stop their vehicles before crossing any railroad when tracks are at the same level of the roadway. The stop shall be made not less than ten feet nor more than 30 feet from the nearest track over which the highway crosses, except where the crossing is protected by gates or a flagman employed by the railroad. After making the stop, the operator shall open the service door and carefully look in each direction and listen for approaching trains or maintenance vehicles before proceeding. (KRS 189.550) ('78 Code,§ 8-54)
Penalty, see § 71.99
§ 71.17 DUTY OF OPERATOR ON APPROACH OF EMERGENCY VEHICLE.
(A) 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 the driver is given 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.
(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.
(KRS 189.930(1), (2)) ('78 Code, § 8-83) Penalty, see § 71.99
§ 71.18 DUTY OF OPERATOR IN ACCIDENT; REPORT.
(A) 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.
(B) The operator, owner, or passenger involved in an accident resulting in the injury or death of any person, or an accident in which property is damaged, shall immediately report the accident or property damage to the Police Department.
Penalty, see § 71.99
Statutory reference:
Duty in case of accident, see KRS 189.580
PROHIBITIONS
§ 71.25 OPERATOR OF VEHICLE TO DRIVE CAREFULLY.
(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 § 71.99
§ 71.26 RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY
VEHICLES; DRIVING OVER FIRE HOSE.
(A) 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.
(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.