TITLE 6

MOTOR VEHICLES AND TRAFFIC

Subject Chapter

Uniform Traffic Code..................................................... 1

Definitions..................................................................... 2

Miscellaneous Driving Rules....................................... 3

Stopping, Standing, Parking........................................... 4

Speed............................................................................... 5

Snowmobiles................................................................ 6

6-1-1 6-1-1

CHAPTER 1

UNIFORM TRAFFIC CODE

SECTION:

6-1-1: Adopted

6-1-1: ADOPTED: Unless otherwise provided in this title the uniform traffic code as set forth in Montana Code Annotated title 61,

pertaining to traffic related violations, is hereby adopted in its entirety by reference to the state statutes, title 61 as it applies to traffic violations. (Ord., 8-1-2000)

6-2-1 6-2-1

CHAPTER 2

DEFINITIONS

SECTION:

6-2-1: Words And Terms Defined

6-2-1: WORDS AND TERMS DEFINED: Whenever in this title the following words, terms or phrases are used, they shall have

the meanings herein respectively ascribed to them in this section:

CONGESTED DISTRICT:

CURB:

DRIVER:

EMERGENCY VEHICLE:

HORSE:

Includes the following streets: all of Broadway Street between Duffy Street and Millsite 279, all of Sansome Street between Kearney and Mill Streets.

The lateral boundaries of that portion of the highway designated or intended for the use of vehicles whether marked by curbing construc tion or not.

Includes every rider or driver of an animal, the rider of a bicycle or tricycle, the operator of a motor vehicle, and the person in charge or control of any animal, vehicle, bicycle or motor vehicle.

Applies to the fire department apparatus, police patrols and police department vehicles, ambulances and street sprinklers and flushers, and all other street construction and mainte nance equipment.

Means and includes all domestic animals. (Ord. 189, 9-8-1936; amd. Ord., 10-2-2007)

6-3-1 6-3-1

CHAPTER 3

MISCELLANEOUS DRIVING RULES

SECTION:

6-3-1: Driving Restricted On Broadway

6-3-1: DRIVING RESTRICTED ON BROADWAY: It is hereby made

unlawful to cross from the right lane over to the left lane in a motor vehicle for any purpose whatsoever, from the intersection of California Street with Broadway on Broadway up to the intersection of Montgomery Street and Broadway in the town.

The exception shall be the right to turn left off Broadway to proceed up to California Street or to turn left off Broadway to turn and proceed up Montgomery Street.

No U-turns shall be made at the intersection of Sansome and Broadway Streets and no U-turns shall be made at the intersection of Montgomery and Broadway Streets. (Ord. 3-6-1990; amd. Ord., 10-2-2007)

) )

6-4-1 6-4-1

CHAPTER 4

STOPPING, STANDING, PARKING

SECTION:

6-4-1:

6-4-2:

6-4-3:

6-4-4:

6-4-5:

Restrictions

Parallel, Angle Parking

Driveways, Obstructing Access To Private Real Property No Parking During Special Events

Parking Requirements; Shakey's Park

6-4-1 : RESTRICTIONS:

A vehicle shall not be double parked or so parked, or otherwise stopped, as to prevent free passage of other vehicles in both direc tions at the sametime.

A vehicle shall not stop in any street, except near the curb, nor so as to obstruct a crossing unless to allowanothervehicle or pedestrian to cross its path. (Ord. 189, 9-8-1936; amd. Ord.,10-2-2007)

No vehicle shall be left standing or parked in any street or alley that obstructs or prevents any other vehicle's lawfulpassage.

No vehicle shall be left standing or parked in any street, alley or any intersection unless an exception applies as stated in this code. (Ord. 2014-03,9-2-2014)

No vehicle shall stop on any street for the purpose of loading or unloading passengers or property except near the curb, and in the manner prescribed for parking at the point where such vehicle is stopped. (Ord. 189, 9-8-1936; amd. Ord.,10-2-2007)

No vehicle shall be parked or left standing within twelve feet (12') of any fire hydrant. (Ord. 200,3-3-1941)

6-4-1 6-4-1

No vehicle shall be left standing or parked in a way that obstructs any vehicle's entrance or exit to any alley. (Ord. 2014-03,9-2-2014)

U-turns may be made at all street intersections excepting at the intersection of Broadway Street and Sansome Street, where thesame are prohibited. U-turns at the intersection of Broadway Street and Montgomery Street are also prohibited. (Ord.,3-6-1990)

There shall be no parking on the left side of the street,butall vehicles shall be parkedon the right hand side ofthe street; that isto say on the right hand side of the street considering the direction in which the vehicle is headed. (Ord.1002, 9-7-1965)

No vehicle shall be parked, at any time, on a curb or a boulevard between a curb and sidewalk, on any street where there is an exist ing, identifiable curb. (Ord.,10-19-1976)

No vehicle shall park on the west side of North Sansome Street from the intersection of North Sansome Street with Broadway northerly to the intersection of North Sansome Street with GraniteStreet.

No vehicle shall park on the west side of North Montgomery Street from the intersection of North Montgomery with Broadway northerlyto the alley running immediately north of and parallel toBroadway.

No vehicle shall park on either side of the street on SouthMontgomery from the intersection of South Montgomery and Broad way to the intersection of the alley with SouthMontgomery;said alley being immediately south of and parallel to Broadway. (Ord. 9-4-1, 5-4-1993, eff.9-1-1993)

0. The single parking place on the north side of Broadway Street in town closest to North Sansome Street shall be reserved for the purpose of loading and unloading of persons, papers, goods, or equipment. Vehicles lawfully parked in this said parking place shall not be parked there any longer than fifteen (15) minutes. Customary signage shall be installed that provides reasonable notice of all requirements in this section. (Ord. 2013-02, 10-1-2013)

The single parking place on the east side ofNorthMontgomery Street in town, that is two (2) parking places to the north of East Broadway Street, shall be reserved for the purpose of loading and unloading of persons, papers, goods, or equipment. Vehicles lawfully parked in this said parking place shall not beparkedthereany longer than fifteen (15) minutes. Customary signage shallbe

6-4-1 6-4-2

installed that provides reasonable notice of all requirements in this section. (Ord. 2015-01, 3-3-2015)

Any violation of sections 6-4-1, 6-4-2 and 6-4-3 of this chapter shall be considered unlawful and a misdemeanor with the associated penalties being set herein. Each day or instance a person is in viola tion of said sections shall be construed as a separate misdemeanor offense. Any such person found guilty of a first parkingoffenseof any kind in town shall be fined up to one hundred dollars ($100.00), any person found guilty of second parking offense of any kindin

-- town shall be fined up to two hundred dollars ($200.00), any person found guilty of a third parking offense of any kind in town shall be fined up to three hundred dollars ($300.00), any person found guilty of a fourth parking offense of any kind in town shall be fined up to four hundred dollars ($400.00), and any person found guilty of fifth or subsequent parking offense of any kind in town shall be fined up to five hundred dollars ($500.00). Any such vehicle parked in violation of any subsection may be towed by a licensed operator, as requested by law enforcement, and the vehicle's owner must pay a reasonable towing charge plus all impound storage fees of up to two dollars ($2.00) per hour prior to the vehicle being released and with all impound storage time being billed at one hour increments (mean ing 1 minute is rounded up to 1 hour). Emergency and town mainte nance vehicles are exempt from the parking requirements in this chapter. (Ord. 2013-02, 10-1-2013; amd. Ord. 2015-01, 3-3-2015)

6-4-2 : PARALLEL, ANGLE PARKING:

In all parts of the congested district vehicles must be parked at an angle of forty five degrees (45°) with the curb; excepting that on Sansome Street, between Broadway Street and Granite Street all

vehicles are required to park parallel with the curb with both wheels on the right side of the vehicle as close to the curb as possible. In all parts of the town outside of the "congested district", vehicles must be parked either at an angle of forty five degrees (45°) or parallel to the curb, but not otherwise.

In parking vehicles parallel with the curb, the following rule shall be observed: In leaving parallel parking spaces vehicles must, in all cases, head out into the line of traffic and shall not in any case back out of such parking space. (Ord. 189,9-8-1936)

Parking of vehicles on Broadway Street, west of California Street, shallbebyangleparkingorparallelparkingfromtheintersectionof

6-4-2 6-4-4

California Street and Broadway Street to the intersection of Duffey Street.

Parking on Broadway Street, east of intersection of California Street to intersection of Montgomery Street, shall be by angle parking only.

Parking on Broadway Street east of intersection of Montgomery Street shall be by angle or parallel parking. (Ord. 1010, 3-3-1970)

6-4-3 : DRIVEWAYS, OBSTRUCTING ACCESS TO PRIVATE REAL PROPERTY:

Unobstructed: Access to private real property within the corporate town limits, such as a private driveway or garage, shall not be obstructed by any unauthorized object such as a parked vehicle, except in case ofemergency.

Completed Driveways Accepted: All private driveways, fully com pleted as of the effective date hereof, are accepted by the town as permitted privatedriveways.

Permit Required: Subsequent to the passage of this section, any person or entity intending to create a private driveway must complete the permit application process and have a permit issued by the town council prior to creating the driveway. The permit application process and application fee shall be set byresolutionofthe town council, and this said resolution may be amended from time to time. (Ord., 10-2-2007)

Violation: See subsection 6-4-1Q of this chapter for the penalty of this section. (Ord. 2013-02, 10-1-2013)

6-4-4 : NO PARKING DURING SPECIAL EVENTS:

Closure Of Certain Sections Of Streets: The closure of certain sections of Broadway Street within the town, from Sansome Street to Montgomery Street, shall be allowed for special events by a majority vote of the towncouncil.

Signs Posted: Each special event coordinator(s) shall, at their own time and expense, post conspicuously placed "street closed" and "no parking" signs at all entrances (4 corners) of all closed areas of Broadway Street in Philipsburg. All "street closure" signs mustbe

6-4-4 6-4-5

posted within one-half (1/2 ) hour prior to the special event. All "no parking" signs shall be posted at least twenty four (24) hours prior to the start of any such special event and shall also state the dates and times for "no parking". All said signs shall be removed within a reasonable time subsequent to the special event.

Towing/lmpoundment Of Vehicles: Law enforcement officers for the town shall have all vehicles towed and impounded that are in viola tion of subsection B of this section; however, said officers shall warn vehicle driver(s) to move their vehicle(s), if practical, prior to having any vehicle(s) towed andimpounded.

Exemption: All approved vehicles, which include law enforcement vehicles, event staff vehicles, all emergencyvehicles,and the like are exempted from the "no parking" requirements herein. (Ord., 10-2-2007)

Penalty: Any violation of this sectionshall be consideredunlawful and a misdemeanor with the associated penalties being set herein. Each day or instance a person is in violation of this section shall be construed as a separate misdemeanor offense. Any such person found guilty of a first parking offense of any kind in town shall be fined up to one hundred dollars ($100.00), any person found guilty of second parking offense of any kind in town shall be fined up to two hundred dollars ($200.00), any person found guilty of a third parking offense of any kind in town shall be fined up to three hundred dollars ($300.00), any person found guilty of a fourth parking offense of any kind in town shall be fined up to four hundred dollars ($400.00), and any person found guilty of fifth or subsequent parking offense of any kind in town shall be fined up to five hundred dollars ($500.00). Any such vehicle parked in violation of any subsection may be towed by a licensed operator, as requested by law enforcement, and the vehicle's owner must pay a reasonable towing charge plus all impound storage fees of up to two dollars ($2.00) per hour prior to the vehicle being released and with all impound storage time being billed at one hour increments (meaning 1 minute is rounded up to 1 hour). Emergency and town maintenance vehicles are exempt from the parking requirements in this chapter. (Ord. 2013-02, 10-1-2013)

6-4-5 : PARKING REQUIREMENTS; SHAKEY'S PARK:

No Overnight Parking Zone: No vehicle shall be parked on the east side of Front Street and directly adjacent to Shakey's Park, from ten o'clock (10:00) P.M. until seven o'clock (7:00) A.M. unless awritten

6-4-5 6-4-5

permit is first granted by the town. Written permits shall be free of charge and may be granted upon a completed application, a short form, being submitted to the town clerk during normal business hours. Written permits will be issued by the town clerk and only for reasonable purposes of those actually using the said park. Reasona ble and proper signage shall be posted on the north side and south side of this designated "no overnight parking zone" as described in this subsection. Emergency and town maintenance vehicles are exempt from the rule in this subsection.

Resident Parking Only Zone: On the west side of Front Street within town that includes the entire intersection of Frontand South Streets to and including the entire intersection ofFrontand North Streets, and additionally all other on street parking within one block of the twelveplex located at the corner of Montana Highway 1Business Loop and Center Street, shall be a "resident parking only zone". "Resident parking only zone" means only residents who own or lease property adjacent to the applicable street described in the first sentence of this subsection may park in this designated area or zone and does include the said residents' guests as being residents. This definition herein does not include lessees or owners of the said twelveplex as being residents. Reasonable and proper signage shall be posted on each side of the "resident parking only zone"within each block. The said signage shall specify thatviolatorswillbe towed and must pay all towing fees and impound storage fees assessed as specified in subsection D of thissection.Emergency and town maintenance vehicles are exempt from all rules in this subsection.

Parallel Parking Zone: Parallel parking is required on the east side of Front Street adjacent to Shakey's Park. Reasonable and proper sign age shall be posted on the north side and south side of Shakey'sPark within this parallel parking zone. The said signage shall specify that violators will be towed and must pay all towing feesandimpound storage fees assessed as specified in subsection D of this section. Emergency and town maintenance vehicles are exempt from all rules in this subsection. (Ord. 2012-01,9-7-2012)

Penalty: Any violation of this section shall beconsideredunlawful and a misdemeanor with the associated penalties being set herein. Each day or instance a person is in violation of this section shall be construed as a separate misdemeanor offense. Any such person found guilty of a first parking offense of any kind intown shall befined up to one hundred dollars ($100.00), any person found guilty of second parking offense of any kind in town shall be fined up totwo

6-4-5 6-4-5

hundred dollars ($200.00), any person found guilty of a third parking offense of any kind in town shall be fined up to three hundred dollars ($300.00), any person found guilty of a fourth parking offense of any kind in town shall be fined up to four hundred dollars ($400.00), and any person found guilty of fifth or subsequent parking offense of any kind in town shall be fined up to five hundred dollars ($500.00). Any such vehicle parked in violation of any subsection may be towed by a licensed operator, as requested by law enforcement, and the vehicle's owner must pay a reasonable towing charge plus all impound storage fees of up to two dollars ($2.00) per hour prior to the vehicle being released and with all impound storage time being billed at one hour increments (meaning 1 minute is rounded up to 1 hour). Emergency and town maintenance vehicles are exempt from the parking requirements in this chapter. (Ord. 2013-02, 10-1-2013)

6-5-1 6-5-1

CHAPTER 5

SPEED

SECTION:

6-5-1: Speed Restrictions

6-5-1: SPEED RESTRICTIONS:

Except as hereinafter designated, no motor vehicle shall be driven upon any of the streets of the town in excess of twentyfive (25)miles per hour and no motor vehicle shall be driven upon thealleysof the town in excess of fifteen (15) miles per hour. (Ord. 1000, 12-6-1962)

The speed limit on all streets directly adjacent to school district properties shall be designated as a school zone and the speed limit thereon shall be fifteen (15) miles per hour at all times. The descrip

tion of the area affected is as follows:

Legal description for road around Philipsburg schools: Beginning at the northeast corner of the grade school thence westerly along the south boundary of Schnepel Addition to the road fork to the County Shop, thence southerly past the football field to the junction with the Brown Road.

On that section of Community Avenue between West Broadway and Seventh Street, no motor vehicle shall be driven at a speedinexcess of fifteen (15) miles per hour at any time. (Ord., 8-2-1994; amd. Ord.,10-2-2007)

The speed limit at all times and for allmotor vehicleson both lanes of East Broadway in Philipsburg from 234 East Broadway Street tothe termination of East Broadway Street shall be fifteen(15) milesper hour. (Ord. 2014-04,11-4-2014)

January 2015

6-5-1 6-5-1

Provided, further, and in addition to the foregoing speed limits, every person driving a vehicle of any character upon the streets or alleys of the town shall drive the same in a careful and prudent manner, and at a rate of speed no greater than is reasonable and proper under conditions existing at the point of operation. (Ord., 8-2-1994; amd. Ord., 10-2-2007; Ord. 2014-04, 11-4-2014)

January 2015

6-6-1 6-6-1

CHAPTER 6

SNOWMOBILES

SECTION:

6-6-1:

6-6-2:

6-6-3:

6-6-4:

6-6-5:

Definitions

Unlawful Operations Registration

Authorized Operation; Road Rules Violation; Penalty

6-6-1: DEFINITIONS: As used in this chapter, the following terms shall have the meaning indicated in this section, unless the

context clearly requires that another meaning be intended:

OPERATOR:

OWNER:

PERSON:

ROADWAY:

Every person who operates or is in physical control of the operation of a snowmobile.

Every person defined in this chapter, other than the lien holder or other person having a security interest only, holding record of title to a snowmobile, and entitled to the use or possession thereof.

An individual, partnership, association, corpora tion and any other body or group of persons, whether incorporated or not, and regardless of the degree of formal organization.

Only those portions of the town streets and alleys designated, or ordinarily used for travel or parking of motor vehicles. It is intended that the definition of "roadway" be in accordance with Montana Code Annotated section 23-2-631, 1979, which authorizes a municipality to enact an ordinance allowing operation of snowmobiles upon the streets of a municipality.

6-6-1 6-6-2

SNOWMOBILE: Any self-propelled vehicle of an overall width of

forty eight inches (48") or less, excluding accessories, designed primarily for travel on snow or ice, that may be steered by skis or runners and that is not otherwise registered or licensed under the laws of the state of Montana. (Ord., 5-15-1990; amd. Ord., 10-2-2007)

6-6-2: UNLAWFUL OPERATIONS: It is a violation of this chapter for any person to do any act forbidden or fail to perform any

act required in this chapter. It is unlawful for any person to drive or operate any snowmobile in any one or more of the following manners:

At a rate of speed greater than as established bysection6-6-4of thischapter.

While under the influence of intoxicating liquor or narcotics or habit formingdrugs.

In a careless or reckless manner so as to endanger the person or property of another, or cause injury or damage toeither.

Without a lighted headlight and taillight which shall be lighted at all times during suchoperation.

Without a suitable braking device which may be operated by either hand orfoot.

Operating a snowmobile, or permitting such operation by a person who, by reason of physical or mental disability, is incapable of operating the snowmobile as required for safety under the prevailing circumstances.

Operate a snowmobile upon the streets of the town as authorized by this chapter without a license to drive a motor vehicle in his possession, as required by the laws of the state.

Without a muffler in good working order and in constant operation which prevents excessiveor unusual noise or annoying smoke.

The parent of any child and/or the guardian of any ward shall not authorize or knowinglypermitany such child or ward to violate anyof the provisions of thischapter.

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No snowmobile shall be operated on the streets of the town alter the hour of ten o'clock (10:00) P.M., and prior to the hourofseven o'clock (7:00) A.M. (Ord.,5-15-1990)

REGISTRATION: The owner of a snowmobile shall register such vehicle in accordance with the applicable laws of the

state, and shall further comply with all provisions of state law concerning snowmobiles. (Ord., 5-15-1990)

6-6-4 : AUTHORIZED OPERATION; ROAD RULES:

Operation of snowmobiles is authorized only upon the streets and alleys of the town for the sole purpose of going to or coming from locations outside the town limits. Snowmobile use on the streets and alleys of the town for any other activity is prohibited. Every person operating a snowmobile upon a roadway shall rideas nearto the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (Ord.,5-15-1990)

Except as provided otherwise in this subsection, no snowmobile shall be operated on Broadway Street or Sansome Street in the town. Transit across these said roadways shall only be allowedat the

intersections of Railroad Street and Broadway Street, Montgomery Street and Broadway Street, and Center Street and Sansome Street. (Ord. 2008-5, 9-2-2008)

Snowmobiles will travel in single file only and on the right side of the street at a speed of fifteen (15) miles per hour or less, depending on the conditions of thestreet.

A snowmobile may make a direct crossing of a street or highway, where such crossing is necessary to get to anotherauthorizedarea of operation. Such crossings shall be made at an angle of approximately ninety degrees (90°)to the directionofthe roadway, at a place where no obstruction prevents a quick and safe crossing. The snowmobile shall make a complete stop before enteringupon any part of the roadway, and the operator shall yield the right ofway to all oncomingtraffic.

A full stop at any and all stop signs will be made by the operator ofthesnowmobile.

December 2008

6-6-4 6-6-5

The operator of a snowmobile emerging from an alley, driveway, or building shall upon approaching a sidewalk or sidewalk area yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway.

Snowmobiles will not be operated on private property without the permission of the owner of the property, and at no time shall they be operated on sidewalks or postedareas.

No person riding upon any snowmobile shall attach the same or himself to any vehicle upon the street orroadway.

No snowmobile shall pull any skier or other combination vehicle by rope or flexible coupling. Any sled or any combination vehicle to be pulled by a snowmobile shall be safely and securely affixed to the snowmobile by direct coupling being securely affixedtotwo(2) points on the sled with one flexible joint at the rear center of the snowmobile.

No person shall park a snowmobile upon a streetotherthan uponthe roadway against the curb or upon the sidewalk in such a manner as to afford the least obstruction topedestrianand/orvehicular traffic. (Ord.,5-15-1990)

VIOLATION; PENALTY: Violations of this chapter shall be misdemeanors, and punishable by fine or imprisonment, or

both, as follows:

For any violations occurring upon the publichighwayorroadways, as provided by law for such violationsapplying to the person owning or operating motorvehicles.

For any other violation, or for any violationnotcoveredby subsection A of this section, as provided by law for misdemeanors. (Ord., 5-15-1990)

December 2008