CITY OF BOISE. ORDINANCE or RESOLUTION NUMBER:

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1 CITY OF BOISE To: FROM: Mayor and Council Alison Tate, Assistant City Attorney ORDINANCE or RESOLUTION NUMBER: DATE: March 18, 2008 SUBJECT: Request for Approval: Amendments to Boise City Code Title 10, Chapters 9 and 10 and their respective summaries ACTION REQUIRED: Approval of amendments to Chapters 9 and 10 of Title 10 of the Boise City Code and their respective summaries, effective. RECOMMENDATION: FISCAL IMPACT/BUDGET IMPLICATIONS: None. BACKGROUND: At the Mayor s request, the Legal Department is in the process of revising and updating Boise City Code Title 10. Each section of Title 10 is being reviewed and amended separately. The amendments to Chapters 9 and 10 are technical in nature. The Legal Department received input from the officers of the Boise Police Department concerning the proposed amendments and any officer concerns have been addressed. The intended purpose of the proposed amendments is to clarify the amended sections and to make them more consistent with Idaho State Code. ATTACHMENTS:

2 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY AN ORDINANCE AMENDING TITLE 10, CHAPTER 10, BOISE CITY CODE TO AMEND SECTION , RIGHT-OF-WAY AT INTERSECTIONS, TO PROVIDE CLARITY AND CONSISTENCY WITH IDAHO STATE CODE; TO AMEND , LIMITATIONS ON OVERTAKING AND PASSING, TO PROVIDE A DISTANCE RESTRICTION; TO AMEND SECTION TO PROVDE CLARITY; TO REPEAL SECTIONS , HITCHING ANIMALS, , DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, AND , RECKLESS DRIVING; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boise has enacted traffic laws to regulate the flow of traffic within the City pursuant to its duty to protect the welfare and safety of its citizens; and WHEREAS, certain portions of Boise City Code Title 10, Chapter 10, are not consistent with Idaho State Code or are not sufficiently clear; and WHEREAS, certain portions of Boise City Code Title 10, Chapter 10 are outdated or unused. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Title 10, Chapter 10, Boise City Code, be, and the same is hereby amended to read as follows: Sections: Chapter DRIVING RULES AND REGULATIONS RIGHT-OF-WAY AT INTERSECTIONS RIGHT-OF-WAY FOR VEHICLES ENTERING ROADWAY AND LEAVING CURB DRIVING ON RIGHT SIDE OF ROADWAY O-19-08

3 OVERTAKING AND PASSING VEHICLES LIMITATIONS ON OVERTAKING AND PASSING NO-PASSING ZONES PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM FUNERALS AND PARADES HITCHING ANIMALS REPEALED LIMITATIONS ON BACKING DRIVING OR PARKING ON SIDEWALKS OR PARKWAYS NEGLIGENT DRIVING DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS REPEALED RECKLESS DRIVING REPEALED OPENING AND CLOSING VEHICLE DOORS OPERATING MOTORIZED VEHICLES ON BIKE LANES AND BIKE PATHS USE OF PRIVATE PROPERTY AS A PUBLIC ROADWAY OR THROUGHWAY STREET Section RIGHT-OF-WAY AT INTERSECTIONS A. When two (2) vehicles enter or approach an unmarked or uncontrolled intersection from different streets at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, except that when two vehicles approach an unmarked or uncontrolled intersection where one highway ends when it meets a second highway not ending at that point of convergence from different directions at approximately the same time, the driver of the vehicle on the highway ending at the intersection shall yield the right of way to the other vehicle. B. The driver of any vehicle turning left at an intersection shall yield the right-ofway to any vehicle approaching from the opposite direction which is in the intersection or so close thereto as to constitute a hazard. C. At an intersection at which one or more streets meet but do not cross the other, the driver of a vehicle traveling on the dead end street shall yield the right-of-way to any vehicle traveling on the street crossing the intersection. (Ord. 3784, ) Section LEAVING CURB RIGHT-OF-WAY FOR VEHICLES ENTERING ROADWAY AND

4 The driver of any vehicle entering a street or highway at a point other than a street or highway intersection or entering traffic on a roadway from a parked or angle-parked position on such street or highway, shall look out for and yield the right-of-way to other vehicles on such roadway. (Ord. 2864, ) Section DRIVING ON RIGHT SIDE OF ROADWAY A. The driver of any vehicle shall drive such vehicle upon the driver's right one-half (1/2) of the street, except upon one-way streets or alleys, and except when such right one-half (1/2) of the street is out of repair, or when passing or overtaking another vehicle as provided in Section B. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right hand lane then available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (Ord. 2933, ) Section OVERTAKING AND PASSING VEHICLES A. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of roadway until safely clear of such overtaken vehicle. B. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn. 2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction. 3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.

5 C. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic and conditions of the street or highway. Section LIMITATIONS ON OVERTAKING AND PASSING A. The driver of a vehicle shall not drive to the left side of the center line of a roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of on-coming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. B. The driver of a vehicle shall not overtake or pass another vehicle proceeding in the same direction upon a grade or upon a curve in the roadway unless the driver's view along the roadway is sufficient to insure safety. C. The driver of a vehicle shall not overtake or pass any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of streets or highways unless permitted to do so by a police officer. when approaching within one hundred (100) feet of any intersection or railroad grade crossing, unless otherwise permitted by a traffic control device or police officer. Section NO-PASSING ZONES A. The City Traffic Engineer is hereby authorized to determine those portions of any street 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. B. Where signs or markings are in place to define a no-passing zone, no driver shall at any time drive on the left side of the roadway within such no-passing zone on the left side of any pavement striping designed to mark such zones. C. A no-passing zone shall be marked by a solid yellow barrier line placed as the right hand element of a combination line. The combination line shall consist of either of the following: 1. A double yellow barrier line; or

6 2. A normal broken white center or lane line continuing through the nopassing zone, with the solid yellow barrier line placed to the right of it. Section PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS Drivers of vehicles proceeding in opposite directions shall pass each other to the right. and upon Upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half (1/2) of the main-traveled portion of the roadway as nearly as possible. (Ord. 2864, ) Section MECHANISM OBSTRUCTION TO DRIVER'S VIEW OR DRIVING A. No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or the sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. B. No passenger in a vehicle shall ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. C. No vehicle shall be operated, except under adverse weather conditions, when the windows of such vehicle are coated with ice, snow, sleet, or dust to the extent that the driver's view ahead, to the sides or rear of the vehicle are obstructed. (Ord. 4524, ) Section FUNERALS AND PARADES No driver shall drive a vehicle between vehicles comprising a funeral, parade or other authorized procession while such vehicles are in motion. The drivers of all vehicles comprising a funeral procession shall, while such vehicles are in motion, operate the vehicle with headlights illuminated. Section HITCHING ANIMALS REPEALED It shall be unlawful to permit any animal used for vehicular purposes to be left unattended upon a street, alley or other public place, unless such animal is securely tied

7 to an object adapted for such purpose. This Section shall not apply to the Mounted Patrol Unit of the Boise City Police Department. (Ord. 5097, ) Section LIMITATIONS ON BACKING The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic, except that under no circumstances shall the driver of a vehicle back the same into or through an intersection. (Ord. 2864, ) Section DRIVING OR PARKING ON SIDEWALKS OR PARKWAYS No vehicle shall drive or park upon any sidewalk or parkway as defined by Section of this Code; provided that vehicles may cross sidewalks or parkways at authorized curb cuts and at alleys. (Ord. 3433, ) Section NEGLIGENT DRIVING It shall be unlawful for any person to operate a motor vehicle in a negligent manner over and along the highways, streets or alleys of this City. For the purpose of this Section, to "operate in a negligent manner" shall be construed to mean the operation of a motor vehicle under any of the following conditions: A. The engaging in any motor vehicle speed contest or exhibition of speed. B. Excessive, unreasonable, rapid acceleration of a motor vehicle. C. The operation of a motor vehicle where the operator has less than full control of the speed and direction of movement of the vehicle. The collision by a vehicle with any stationary object shall be prima facie evidence of a violation of this Section. (Ord. 2864, ) Section DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS REPEALED A. It shall be unlawful for any person who is a habitual user of, or under the influence of, any narcotic drugs, or who is under the influence of any other drug to a degree which renders him incapable of safely operating or driving a motor vehicle, or any

8 person who is intoxicated or under the influence of intoxicating liquor or alcoholic beverages, to drive or be in actual physical control of any motor vehicle within the City. B. In any prosecution for a violation of subsection A of this Section, relating to driving a motor vehicle while under the influence of intoxicating liquor or alcoholic beverages, the amount of alcohol in the defendant's blood at the time of alleged offense, as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance, shall give rise to the following presumptions: 1. If there was at that time eight hundredths percent (0.08%) or less by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant; 2. If there was at that time more than eight-hundredths percent (0.08%) by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor or alcoholic beverages; 3. Percent by weight of alcohol in blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood; and 4. The foregoing provisions of subsection B shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. C. The fact that any person charged with a violation of subsection A of this Section is or has been entitled to use any narcotic drug or any other drug under the laws of this State shall not constitute a defense against any charge of violating said subsection A. (Ord. 3366, ) Section RECKLESS DRIVING REPEALED It shall be unlawful for any person to drive any vehicle upon the streets or highways carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection or at a speed or in a manner so as to endanger or be likely to endanger any person or property. (Ord. 2864, )

9 Section OPENING AND CLOSING VEHICLE DOORS No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (Ord. 2933, ) Section OPERATING MOTORIZED VEHICLES ON BIKE LANES AND BIKE PATHS No person shall drive a motorized vehicle upon any officially marked bike lane, bike path, foot path or other separate right-of-way specifically set aside for use by pedestrians or non-motorized vehicles except at an intersection or when entering or leaving a roadway at a driveway, private road or alley. Prior to crossing a non-motorized right-of-way, the motorist shall yield the right-of-way to any pedestrian or non-motorized vehicle operating thereon. This Section shall not apply to authorized emergency vehicles meeting the conditions specified in Section , Idaho Code, Idaho Code Section (2)(b) or Boise City Code , or authorized maintenance and construction vehicles while actually engaged in work upon a roadway or non-motorized right-of-way. (Ord A, ) Section USE OF PRIVATE PROPERTY AS A PUBLIC ROADWAY OR THROUGHWAY STREET A. It shall be unlawful for the operator of any motor vehicle to drive upon or use any private driveway, private property, or parking lot as a throughway to bypass an intersection controlled by a stop sign or traffic control signal. B. It shall be prima facie evidence of bypassing an intersection in violation of subsection A for an operator of a motor vehicle to enter private property from a highway and immediately thereafter exit private property without coming to a complete stop before re-entering a highway. C. Any violation of subsection A shall be an infraction with a fixed penalty for moving traffic infractions set by the Idaho Infractions Rules 9(b)(5). (6188, Added, 10/01/2002) Section 2. That the summary of this Ordinance, attached hereto and marked as Exhibit A, is hereby approved.

10 Section 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho this day of March, 2008, ATTEST: APPROVED: CITY CLERK MAYOR

11 EXHIBIT A STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, Denyce Thompson-Udink, in her capacity as Assistant City Attorney of the City of Boise City, Idaho, hereby certifies that she is a legal advisor of the City and has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code A(3). DATED this day of, Denyce Thompson-Udink Assistant Boise City Attorney

12 SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of the, day of, 2008, that Ordinance No. entitled: AN ORDINANCE AMENDING EXISTING SECTIONS OF BOISE CITY CODE FOR CONSISTENCY WITH IDAHO STATE CODE AND FOR CLARITY; REPEALING OUTDATED SECTIONS; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. This Ordinance amends the RIGHT-OF-WAY AT INTERSECTIONS and LIMITATIONS ON OVERTAKING AND PASSING sections to provide consistency with Idaho State Code and for clarity; this Ordinance amends the PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS section for clarify; the Ordinance repeals the following outdated and/or unused sections: HITCHING ANIMALS, DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS and RECKLESS DRIVING; and the Ordinance sets forth an effective date. This Ordinance shall be in full force and effect on, 2008, after passage, approval, and publication. A copy of the full text of the Ordinance is available at City Hall, 150 North Capitol Boulevard, in Boise, Idaho, in the City Clerk s Office, 1 st floor. Examination may be requested in writing or in person during regular business houses of the City Clerk, from 8:00 a.m. until 5:00 p.m. pursuant to the Open Records Act, Idaho Code Title 9, Chapter 3. DATED this day of, ATTEST: City of Boise City, Idaho By: Annette P. Mooney CITY CLERK By: David Bieter MAYOR