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Title 7 – City Ordinances – Traffic Code

 TITLE 7 – TRAFFIC CODE

Chapter 7.01 – General Provisions
Chapter 7.02 – Speed Restrictions
Chapter 7.03 – Parking, Stopping
Chapter 7.04 – Trucks
Chapter 7.05 – Snowmobile

CHAPTER 7.01 – GENERAL PROVISIONS

7.0101 Duty to Enforce. It shall be the duty of law enforcement officers to enforce these traffic regulations and all of the state vehicle laws applicable to street traffic in the City, to make arrests for traffic violations, to investigate accidents and to cooperate with other officials in the administration of these traffic laws. (SDCL 9-29-19)

7.0102 Directing Traffic. Law enforcement officers shall direct traffic in conformance with traffic laws and ordinances provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, Fire Department personnel may direct traffic as conditions may require.

7.0103 Exemptions to Authorized Emergency Vehicles. The provisions of this Title regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles while the operator of such vehicle is operating the same in an emergency in the necessary performance of public duties.

7.0104 Application to Workers and Equipment. The provisions of this Title shall not apply to persons, motor vehicles and other equipment while actually engaged in work upon the surface of a street, but shall apply to such persons and vehicles when traveling to or from such work; provided however, such persons and vehicles shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the street for other vehicles to pass.

7.0105 Authority to Install Traffic Control Devices. The City Council shall place and maintain traffic control signs, signals, and devices when and as required under this Title to make effective the provisions of said Title, and may place and maintain such additional traffic control devices as may be necessary to regulate traffic. (SDCL 32-14-5)

7.0106 Definitions. When in this Title the following terms are used they shall have the meanings respectively ascribed to them in this Section.

A. Authorized Emergency Vehicle. Vehicles of any fire department, police vehicles, and such ambulances and emergency vehicles of municipal department or public service corporations as are designated or authorized by the City Council.

B. Law Enforcement Officer. Any police officer or other law enforcement personnel approved by the City Council to enforce the provisions of the ordinances of the City.

C. Motor Vehicle. Every vehicle, as herein defined, which is self-propelled.

D. Operator. Any person who is in actual physical control of a vehicle.

E. Parking. The standing of a vehicle whether attended or unattended, upon a roadway or street otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations, signs or signals.

F. Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.

7.0107 Obedience to Traffic Control Devices. The operator of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed or held in accordance with the provisions of this Title unless otherwise directed by a law enforcement officer subject to the exceptions granted the driver of an authorized emergency vehicle in this Chapter.

CHAPTER 7.02 – SPEED RESTRICTIONS

7.0201 Establishment of Speed Zones.

A. The City Council is authorized and empowered to determine and establish upon any public street in the City or any part thereof, limited speed zones which speed limit shall constitute the maximum speed at which any person may drive or operate any vehicle upon such zones, street or highway or portion thereof so zoned, and on which highway the maximum speed permissible in the zone has been conspicuously posted by signs authorized by the Council.

B. The beginning of such limited speed zones shall be indicated by signs showing the speed limits.

7.0202 Speed Limits. Except as may otherwise be provided by the City Council, it shall be unlawful for any person to operate or drive any vehicle at a rate of speed greater than the following:

A. Twenty (20) miles per hour within any business district.

B. Ten (10) miles per hour on any alley.

C. Twenty (20) miles per hour within any residential district.

D. The appropriate legal maximums established by state law on all other unmarked streets and highways within the City shall be effective.

7.0203 School Zones. It shall be unlawful for any person to operate or drive any vehicle at a speed greater than fifteen (15) miles per hour when passing a school during the recess or while children are going to or leaving school during opening or closing hours for such school.

CHAPTER 7.03 – PARKING, STOPPING

7.0301 Parking in Streets During Snow Removal. In the event of snow, creating the necessity for the blading and/or removal of snow, it shall be unlawful to leave any vehicle parked on a City street for more than twelve (12) hours following such snowfall as determined by the City Council, so as not to interfere with the snow blading and/or removal operations. All major streets, church areas, and school zones may be designated as emergency snow routes, and it shall be unlawful to park vehicles on such emergency snow routes during the time that snow blading and/or removal operations are in progress. Any violation of this section shall be a misdemeanor.

The following streets are hereby designated as “Emergency Snow” routes within the City of Bridgewater.
Main Avenue from SD Highway 262 to 6th St;
6th Street from Juniper Avenue to Poplar Avenue;
5th Street from Juniper Avenue to Main Avenue;
4th Street from Juniper Avenue to Poplar Avenue;
3rd Street from Juniper Avenue to Poplar Avenue;
2nd Street from Juniper Avenue to Poplar Avenue;

In the event of three (3) or more inches of snow, it shall be unlawful for any person to park a vehicle, or allow a vehicle to remain on such emergency snow route for twelve (12) hours, or until the snow has been fully removed from the street.

In the event of three (3) or more inches of snow, it shall further be unlawful to leave any vehicle parked on other city streets (not designated as an emergency snow routes) for more than four (4) hours following such snowfall.

A violation of any provision of this section shall be a misdemeanor. In addition, any law enforcement officer shall be authorized to remove and tow away, or have removed and towed away (by such commercial towing service as authorized by the city, by resolution) any vehilce parked in violation of this section. Such vehicles shall be impounded pursuant to Section 7.0302. Amended 6/04/2014 Ordinance 2014-3

7.0302 Towing Vehicles. Any law enforcement official shall be authorized to remove and tow away, or have removed and towed away by any commercial towing service by such commercial towing service as identified by the City Council by resolution, any vehicle illegally parked in any place where such vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle, or in any way is in violation with the provisions of this Title. Vehicles towed away for illegal parking shall be stored by such commercial towing service or in a another place designated by the City Council and shall be restored to the owner or operator of such vehicle upon payment of all costs of towing and storage fees, in addition to a towing charge in an amount set by the City Council by resolution. Any such vehicle shall remain impounded until lawfully claimed (and payment of all fees and costs made) or until lawfully disposed of by the commercial towing service. The City shall not be liable for any damages to property or persons occurring as a result of towing or storage. a fee of twenty-five dollars ($25.00) plus towing charges, within twenty-four (24) hours after the time such car was removed, plus five dollars ($5.00) for each additional twenty-four (24) hours or fraction thereof. (SDCL 32-30-13,14) Amended 5/7/2014 Ordinance 2014-4

7.0303 Abandoned Vehicles. The abandonment of a motor vehicle or other vehicle or any part thereof on any street in the City shall be subject to action and penalties as provided for in this Title. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a street, in view of the general public, anywhere in the City shall be prohibited except on property of the owner of such abandoned vehicle.

A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the City Council after a waiting period of ten (10) days or more has expired. Such vehicles shall be impounded pursuant to Section 7.0302. The provisions of this Section may be waived for commercial or business enterprises insofar as off-street parking is concerned. (SDCL 32-30-12.1) Amended 5/7/2014 Ordinance 2014-5

7.0304 Towing Costs. When a vehicle is removed from either public or private property as authorized by order of the City Council, the owner of the vehicle shall be responsible for all towing costs in addition to the and fees provided in Section 7.0302 7.0503 hereof. In addition, the City shall not be liable for any damages to property or persons incurred as a result of such towing or storage. Amended 5/7/2014 Ordinance 2014-6

7.0305 Parking Prohibited in Certain Places. At any time it shall be unlawful to permit any vehicle to stop, stand, or park in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control device: (SDCL 32-30-6, 6.1, 6.2)

A. In any intersection.

B. In a crosswalk.

C. Within fifteen (15) feet of a fire hydrant.

D. At any place where the vehicle would block the use of a driveway.

E. Within twenty (20) feet of the driveway entrance of the fire station and on the side of the street opposite the entrance to such station within one hundred (100) feet of such entrance.

F. On any sidewalk.

G. At any place where official signs prohibit parking.

H. In any public alley.

I. Inside of curb, on street right of way. Area between the back of the curb to the property line.

Any violation of this section shall be a misdemeanor.

7.0306 General Parking Restrictions. No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets. It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any business street from which vehicle merchandise is peddled, unless authorized by the City Council. It shall be unlawful to park any vehicle outside of clearly painted parking lines in the downtown district where such lines are painted indicating parking areas. Exception: when a larger vehicle parked legally would otherwise block traffic. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.

7.0307 Diagonal Parking. Diagonal Parking shall be allowed on Main Avenue only. Any violation of this section shall be a misdemeanor.

7.0308 No Parking Areas. The City Council shall cause signs to be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions, except that yellow curb painting may be used to indicate “No Parking” in certain street areas. (SDCL 9-31-1). Any violation of this section shall be a misdemeanor.

7.0309 Parking and Storage of Certain Vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any public property or right-of-way within the City. Any violation of this section shall be a misdemeanor.

7.310 Ordinance 2010-2 added 4/28/10 Multiple Vehicles: Parking in all residential districts shall be subject to the following requirements:
A. No person shall cause, undertake, permit or allow the parking of vehicles adjacent to residentially-zoned property, for more than a period of 48 hours, unless the vehicle complies with the following requirements:
1. For purposes of this Section, a “vehicle” is defined as any pickup truck, passenger car or van;
2. No more than four (4) vehicles per lawful dwelling unit may be parked or stored anywhere on the street adjacent to residential-zoned property;
3. The City Council may approve an annual “on-site parking permit” for exterior parking of more than four (4) vehicles, but not to exceed six (6) vehicles adjacent to a residential-zoned property, provided the following requirements are met;
a. An affidavit shall be filed with the City stating that all abutting property owners have been notified and given an opportunity to respond, in writing, if they have specific concerns regarding the request; and
b. The owner shall pay an annual $25.00 administrative fee or other such fee as may be established by the City Council by resolution.
B. Vehicles which have been parked in violation of this ordinance may be removed or towed, as outlines in Section 7.0302. A violation of this Section is also a Misdemeanor.

CHAPTER 7.04 – TRUCKS Repealed 3/28/12 & Replaced with Ordinance 2012-2

7.0401 Definitions. For the purpose of this article, the terms defined in this section shall have the following meanings:

1. Trucks: Any motor vehicle designed or operated for the transportation of property, including a vehicle directly connected to a trailer.

2. Motor Vehicle: All machines propelled by any power other than muscular
used upon the streets or highways for the transportation of property.

3. Trailer: A vehicle of the trailer type, without a power unit of its own,
designed and used in conjunction with a motor vehicle for the transportation of property.

4. Truck Route: Streets and highways designated as truck routes by the City Council.

5. Streets: All other streets with the City which are not designated as truck routes.

7.0402 Truck Routes. The City Council is hereby authorized to establish within the City truck routes and the same shall be identified by signs or markings erected and maintained by the City. The word “truck” shall mean and include truck, trailer and semi-trailer, tractor and farm wagon.

7.0403 Operation of Trucks. Where any truck route has been established and identified, any person driving a truck having a gross weight of five (5) tons or more shall drive such truck on such route or routes and none other, except where necessary to traverse another street or streets to a destination for the purpose of loading or unloading commodities or for the purpose of towing a disabled or damaged motor vehicle to or from public or private property, and then only by such deviation from the nearest truck route as is reasonably necessary. Any violation of this section shall be a misdemeanor.

7.0404 Exceptions to Use of Truck Routes. There shall be the following exceptions to the use of truck routes:

A. The City Council shall have the authority, for good cause and upon request, to issue temporary permits for trucks to operate over routes not established as truck routes by the City or to otherwise deviate from the provisions of this Chapter.

B. “Trucks” as referred to in Section 7.0401 (except semi-trailers) may deviate from the truck route for the purpose of taking said truck to the owners personal residence or parking facility, but said truck must be parked on the owners real property and not on City streets or City property. In this instance said vehicle may only make one trip to and from owners personal residence or parking facility per day.
C. The provisions of this Section shall not apply to school buses, emergency vehicles of any Fire Department, not to any public utility vehicles where actually engaged in the performance of emergency duties necessary to be performed by said public departments or public utilities, nor to any vehicle owned by or performing work for the City, the United States of America, or the State or any of its political subdivisions.

7.0405 Parking of Trucks. All freight, stock, and gas and oil transport trucks shall be parked only at such places and in such manner as have been designated by the City Council. This Section shall not apply to a light delivery truck delivering goods from house to house and place to place which requires a stop or parking of but a few minutes to receive or deliver merchandise. Any violation of this section shall be a misdemeanor.

7.0406 Trucks Standing or Parking in Alleys. Trucks shall not stand or park in any public alley except for the purpose of receiving or delivering property and shall not so stand or park for a longer period of time than is necessary to load or unload. Such trucks, when loading or unloading, shall stand or park on the side of the alley. When two or more trucks are thus standing on opposite sides of the same alley the truck last arriving shall be placed in such staggered positions as to leave sufficient space between it and the first truck for the free passage of other vehicles. Any violation of this section shall be a misdemeanor.

Chapter 7.04 SIZE, WEIGHT AND LOADS

Section 7.0401 Compliance with State Law. No person shall drive or operate any vehicle upon any street within the City of Bridgewater, with a weight of which (including a load) or the size of which does not comply with the requirements of State Law governing weight, size and load restrictions, generally found at SDCL Chapter 32-22.

Section 7.0402 Projecting Loads. No person shall drive any vehicle upon any street with any load or part of a load projecting more than four (4’) feet beyond the rear end or front end, or more than two (2’) feet beyond the sides of the body or carrying part of such vehicle, unless there is attached to the extreme ends and sides of such projecting loads some warning sign or signal plainly discernible to other drivers and clearly indicating the projecting parts of such load.

Section 7.0403 Weight and Size Limits.

A. No person shall drive or operate any motor vehicle exceeding the following weight and size restrictions on any street or avenue within the City of Bridgewater, which is not designed as a truck route, unless written permission is first granted by the City Maintenance Superintendent, or such other designated representative of the City. Any vehicle exceeding the hereinafter set forth restrictions must comply with the provisions of this Subsection.
B. The gross weight of any vehicle shall not exceed 12,000 pounds, the length of the vehicle shall not exceed 40 feet, nor shall the width exceed eight (8’) feet.
C. Any Law Enforcement officer shall have the power and authority to direct any vehicle to be taken to the nearest truck scale and weighed and measured to determine conformance with this Chapter. The failure to comply with such directions shall constitute a violation of this Chapter.

Section 7.0404 Truck Routes.

A. Use of Truck Routes: When any truck route has been established and identified, any person driving any vehicle in excess of the limitations established in Subsection 7.0403B, shall drive such vehicle on such route as designated herein and none other, except when necessary to traverse other streets to a destination for the purpose of loading or unloading commodities or for the purpose of towing a disabled or damaged motor vehicle to or from the nearest truck route as is reasonable and necessary. No deviation shall be permitted without written permission as specified above. All trucks operating within the city shall comply with weight and size limitations established by State Law.
B. Routes Designated: The following streets are hereby designated as truck routes: Walnut Avenue from Highway 262 to 6th Street; Main Ave from Highway 262 to 264th Street; Poplar Avenue from Highway 262 to 4th Street; 3rd Street from Highway 262 to Walnut Ave; Juniper Avenue from Highway 262 to 3rd Street; 4th Street from Main Ave to Poplar Avenue; Diamond Acre Road from 264th St to the Diamond Care Center; 1st Street from Poplar Avenue to Cherry Avenue; Cherry Avenue from 1st Street to Highway 262.
C. Marking of Routes: In addition to the general identification by signs or markings of truck routes which shall be posted by the City, the City shall further post, at the City Limits upon all main traffic routes entering the City, signs notifying users of streets entering the City that trucks are permitted only to be driven upon marked truck routes. At the direction of the City Council, Law Enforcement or Maintenance staff shall post any streets so selected by the Council, with a sign signifying that said street is not designated as a truck route or that no through trucks are allowed.

Section 7.0405 Any violation of any provision of this Chapter is a Class 2 Misdemeanor.

CHAPTER 7.05 – SNOWMOBILES

7.0501 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them:

A. Operate. To control the operation of a snowmobile.

B. Owner. Any person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof.

C. Private Property. Any and all real property, or land within the City which has not been opened or dedicated for public use or as a public thoroughfare.

D. Snowmobile. Any engine-driven vehicle of a type which utilizes sled type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated.

7.0502 Ingress and Egress to City. Any person operating a snowmobile within the City shall only use such snowmobile to enter the corporate limits in returning to his or her home base or leaving the corporate limits provided that such operator enter or leave by the most direct route and at a reduced speed so as not to disturb the peace and quiet of the community. Any violation of this section shall be a misdemeanor.

7.0503 Permission of Property Owner Required for Operation. No person shall operate a snowmobile on private property of another without the express permission to do so by the owner or occupant of such property. Any violation of this section shall be a misdemeanor.

7.0504 Operation on Public Ground. No person shall operate a snowmobile on any public property, including, but not limited to public sidewalks, school grounds, parks, parking lots, playgrounds, and recreational areas except public roadways and ditches. Any violation of this section shall be a misdemeanor.

7.0505 Crossing Streets at Right Angles. Persons operating snowmobiles are permitted to cross streets at right angles but only may do so after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach. Any violation of this section shall be a misdemeanor.

7.0506 Speed. No person shall operate a snowmobile at a speed greater than is reasonable or proper, under all existing circumstances. It shall be unlawful to operate a snowmobile at a rate of speed faster than five (5) miles per hour less than the posted speed limit applicable to other motor vehicles. Any violation of this section shall be a misdemeanor.

7.0507 Careless, Reckless or Negligent Operation Prohibited. No person shall operate a snowmobile in a careless, reckless or negligent manner so as to be likely to endanger the person or property of another or to cause injury or damage thereto. Any violation of this section shall be a misdemeanor.

7.0508 Loud Noises Prohibited. No person shall operate a snowmobile in such manner as to create any loud, unnecessary or unusual noise likely to disturb or interfere with the peace and quiet of any other person. Any violation of this section shall be a misdemeanor.

7.0509 Emergency Use. The City Council may declare that road or weather conditions are such as to constitute emergency travel conditions authorizing use of a snowmobile. A snowmobile may also be used when such vehicle is necessary as an emergency vehicle to protect the health, safety and welfare of any individual. The operator of a snowmobile under emergency conditions shall be subject to all existing traffic ordinances of the City and traffic laws of the State.

7.0510 Equipment Required. All snowmobiles operated in the City shall have the following equipment:

A. Mufflers which are properly attached and which reduce the noise of operations of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cutout, bypass or similar device on such vehicle.

B. Adequate brakes in good working condition.

C. A safety or “deadman” throttle in operating condition, such being a device which when pressure is removed from the accelerator, the throttle causes the motor to disengage from the driving tract.

D. At least one headlight and one tail light in good working condition.

E. A red flag or cloth not less than twelve (12) inches square and hung or suspended five (5) feet above the ground level so that the entire area thereof is visible from all directions while on any roadway street or alley.

Any violation of this section shall be a misdemeanor.

7.0511 Unattended Vehicles. No owner or operator of a snowmobile shall leave or allow the snowmobile to be or remain unattended on public property or streets while the motor is running, or where the keys for starting the vehicle are left in the ignition. Any violation of this section shall be a misdemeanor.

7.0512 Towing. No person operating a snowmobile shall tow any person or object behind such snowmobile except when such person or object is situated upon a conveyance which is attached to such snowmobile by means of a rigid hitch or towbar. Any violation of this section shall be a misdemeanor.

7.0513 Exception. Not withstanding the provisions of any other Section, any governmental official in charge of public school ground, park property, playgrounds, or parking lots shall have authority to supervise and regulate events or programs conducted thereon or to designate areas under his charge and supervision as recreation areas that he shall deem available for use of snowmobiles, and the hours of such use.