SEC. 28. Effect of sworn complaint. Whenever any complaint charging a traffic violation is sworn to by a police officer or other competent person, such complaint shall be accepted as conclusive evidence of the facts alleged therein in the absence of evidence to the contrary,15

ARTICLE VI

EFFECT OF AND SHORT TITLE OF ORDINANCE

SEC. 29. Effect of ordinance.-If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

SEC. 30. Repeal. All ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this ordinance are hereby repealed.

SEC. 31. Publication of ordinance.-The (city clerk) shall certify to the passage of this ordinance and cause the same to be published in the

SEC. 32. Short title. This ordinance may be known and cited as the Administrative Traffic Ordinance.

SEC. 33. Effective date. This ordinance shall take effect from and after the day of

Table of Supplementary Provisions of Parts I and II

In the event the sections hereinafter listed in part I are included in the traffic ordinance, then the supplementary provisions of part II must be adopted as giving authorization for the placing of signs or for other action to be taken by the city traffic engineer.

18 It is the purpose of this section to permit the entering of a judgment upon the basis of a sworn complaint without requiring the appearance or oral testimony of the person so making such complaint, where the defendant makes no appearance or pleads guilty.

PART III.-STATE LAW PROVISIONS WHICH MIGHT BE INCLUDED IN THE TRAFFIC ORDINANCE

The regulations that follow are those recommended for inclusion in the State law. Said provisions are contained in the uniform vehicle code, act V, regulating traffic on highways. In the event a particular State has not adopted said provisions a city may desire to include them in the ordinance. Also, in the event the State has adopted the uniform code it may be desirable for purposes of emphasis or local enforcement to repeat these State law provisions in a city ordinance. However, before inclusion of any said provision in a city ordinance consideration must be given to whether it is legal to do so in the particular State, and a city should not adopt provisions in conflict with existing State law. The model ordinance indicates the respective places in which the State law provisions may appropriately be included. For purposes of sequence and present indication the sections appearing in this part III are numbered in sequence (01), (02), (03), etc.

SEC. (01). Traffic control signal legend.-Whenever traffic is controlled by traffic control signals exhibiting the words "Go," "Caution," or "Stop" or exhibiting different colored lights successively one at a time, the following colors only shall be used, and said terms and lights shall indicate as follows:

(a) Green alone or "Go."

1. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But 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.

2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(b) Yellow alone or "Caution" when shown following the green or "Go" signal.16

1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. 2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross a roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles.

(c) Red alone or "Stop."

1. 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.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. (d) Red with green arrow.

16 It is recommended that the color yellow be used only before red. If yellow is used following the red, traffic facing a signal has a tendency to start before the green signal appears, causing interference with cross traffic clearing the intersection.

1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow, but shall not interfere with other traffic.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic. (e) The motorman of any street car shall obey the above signals as applicable to vehicles.

SEC. (02). Flashing signals.—Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:

1. Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

SEC. (03). Display of unauthorized signs, signals, or markings.—(a) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

(b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.

SEC. (04). Interference with official traffic control devices or railroad signs or signals. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any other part thereof.

SEC. (05). Stopping, standing, or parking prohibited in specified places. (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:

1. On a sidewalk;

2. In front of a public or private driveway;

3. Within an intersection;

4. Within 15 feet of a fire hydrant;

5. On a crosswalk;

6. Within 20 feet of a crosswalk at an intersection;

7. Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway;

8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the (traffic authority) indicates a different length by signs or markings;

9. Within 50 feet of the nearest rail of a railroad crossing;

10. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly sign-posted);

11. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;

12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

14. At any place where official signs prohibit stopping.

(b) No person shall move a vehicle not owned by such person into any such prohibited area or away from a curb such distance as is unlawful.

SEC. (06). Persons under the influence of intoxicating liquor or narcotic drugs. (a) It is unlawful and punishable as provided in subdivision (b) of this section for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs to drive any vehicle within this State.

(b) Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than 10 days nor more than (1 year), or by fine of not less than $100 nor more than ($1,000), or by both such fine and imprisonment. On a second or subsequent conviction he shall be punished by imprisonment for not less than 90 days nor more than 1 year, and, in the discretion of the court, a fine of not more than $1,000.

The commissioner shall revoke the operator's or chauffeur's license of any person convicted under this section.

SEC. (07). Reckless driving. (a) Any person who drives any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than 5 days nor more than 90 days, or by fine of not less than $25 nor more than ($500), or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than 6 months, or by a fine of not less than $50 nor more than ($1,000), or by both such fine and imprisonment.

SEC. (08). Speed restrictions.-(a) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.

(b) Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of said limits shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful:

1. Twenty miles per hour in any business district;

2. Twenty-five miles per hour in any residence district;

3. Forty-five miles per hour under other conditions.

(c) The fact that the speed of a vehicle is lower than the foregoing prima facie limits shall not relieve the driver from the duty to decrease

speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(d) In every charge of violation of this section, the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the prima facie speed applicable within the district or at the location.

(e) The foregoing provisions of this section shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate cause of an accident.

SEC. (09). Drive on right side of roadway, exceptions. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

2. When the right half of a roadway is closed to traffic while under construction or repair;

3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

4. Upon a roadway, designated and sign-posted for one-way traffic. SEC. (010). Passing vehicles proceeding in opposite directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.

SEC. (011). Overtaking a vehicle on the left.-The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. SEC. (012). When overtaking on the right is permitted.—(a) The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.

(b) The driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for 4 or more lines of moving traffic when such movement can be made in safety. No person shall drive off the pavement or upon the shoulder of the roadway in overtaking or passing on the right.