HomeMy WebLinkAboutOrdinance 18-2000 ORDINANCE NO. 18-00
AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 34 OF THE REVISED
ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO SPEED LIMITS.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS:
I.
ARTICLE IX. SPEED
Sec. 34-138. General restrictions.
It shall be unlawful for any person to drive a vehicle on a street or highway at a speed
greater than is reasonable and prudent under the conditions then existing or at a speed in excess
of those fixed by this chapter or established by the city council as hereinafter set forth.
Sec. 34-139.Maximum limit generally.
It shall be unlawful for any person to operate or drive any vehicle on any street within the
city at a speed in excess of twenty-five (25) miles per hour, unless signs are erected on streets
within the city designating another speed limit in accordance with this article.
Sec. 34-140. Establishment of speed zones.
(a) The city council is authorized and empowered to determine and establish upon
any street or highway within the city or any part thereof, limited speed zones
which shall provide the speed limit which constitutes the maximum speed at
which any person may drive or operate any vehicle within such zone, street,
highway or portion thereof so zoned and on which highway the maximum speed
permissible in said zone has been conspicuously posted by appropriate signs.
(b) Limited speed zones shall be conspicuously posted by appropriate signs. The
beginning and end of such limited speed zones shall be indicated by signs
showing the maximum speed limits permissible within the zone.
(c) The city council may change the speed limit or the extent of any such limited
speed zone at any time it may deem necessary.
Sec. 34-141.Maximum Speed Limits Designated.
It shall be unlawful for any person to operate or drive any vehicle on any street within the
city at a speed in excess of twenty-five (25) miles per hour, unless signs are erected on streets
within the city designating another speed limit. The following speed limits are hereby established
for the streets and portions of streets enumerated below:
Street Extent Speed
Main Avenue From Front Street to the south city limits 35
Medary Avenue From North Campus Drive to US Highway 14 By-Pass 35
Medary Avenue From US Highway 14 By-Pass to the north city limits 45
22nd Avenue From US Highway 14 By-Pass to the south city limits 35
8th Street South From the west city limits to Twenty-Second Avenue 35
20th Street South From Main Avenue South to 22nd Avenue South 35
US Highway 14 US Highway 14 from the west city limits southeasterly
to a point 1,425 feet northwesterly of the intersection of
US Highway 14 and Western Avenue in Brookings; 55
Then southeasterly and east to a point 210 feet east of
Seventeenth Avenue; 30
Then to a point 350 feet east of Twenty-Second Avenue; 35
Then to the east city limits 45
US Hwy 14 ByPass From the west city limits to the east city limits 55
Sec 34-142. Federal highways. (Repealed)
Sec. 34-143. 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 through any school zone as may be marked or designated within the
city during the hours indicated upon signs erected in such zones or whenever children are present
in such zones.
Sec. 34-144. Exceeding limits.
It shall be unlawful for any person to operate any vehicle at a rate of speed in excess of
the applicable maximum speed limit established within the city pursuant to the provisions of this
article; and any speed in excess of such limit shall be prima facie evidence that the speed is not
reasonable or prudent.
Sec. 34-145. Emergency vehicles.
The speed limits set out in this article shall not apply to authorized emergency vehicles
when responding to emergency calls provided that the driver shall either sound audible signals
by siren or horn or both or displays flashing, oscillating or rotating beams of red light or
combinations of red, blue or white light visible one hundred eighty degrees to the front of the
vehicle. The lights shall be capable of warning the public of the presence of an emergency
vehicle under normal atmospheric conditions. This provision shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the safety of all persons
using the street.
Sec. 34-146. Racing.
No person shall drive any vehicle in any race on a highway, speed competition or contest,
drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration,
or for the purpose of making a speed record, and no person shall in any manner participate in any
such race, competition, contest or exhibition.
Sec. 34-147. Slow speed.
No person shall drive a motor vehicle at such a slow speed as to impede the normal and
reasonable movement of traffic except when reduced speed is necessary for safe operation or to
comply with law.
See. 34-148.Alleys.
It shall be unlawful for any person to operate or drive any vehicle upon any alley in the
city at a speed in excess often(10) miles per hour.
Secs. 34-149--34-157. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: June 26, 2000
SECOND READING: July 10, 2000
PUBLISHED: July 14, 2000
CITY OF BROOKINGS, SOUTH DAKOTA
1
4"�c ....c2 Mayor
FF,
, 4„k,
ity Clerk
Steven J. Britzman
Attorney at Law
319 Fifth Avenue Telephone (605)697-9058
Brookings,South Dakota 57006 Facsimile(605)697-9060
Memorandum
To:Dennis Falken and Mike Williams
From: Steven J. Britzman, City Attorney
Date: June 30,2000
Re: Emergency Vehicles/Pending Ordinance amending Speed Limits
32-31-4. Speed limits inapplicable under specified conditions.
The speed limit set out in§§32-25-1 to 32-25-17, inclusive, does not apply to any
authorized emergency vehicle responding to an emergency call if the driver sounds
an audible siren or air horn or both and displays flashing, oscillating or rotating
beams of red light or combinations of red,blue, or white light visible one hundred
eighty degrees to the front of the vehicle. The lights shall be capable of warning the
public of the presence of an emergency vehicle under normal atmospheric conditions.
The speed limit set out in §§32-25-1 to 32-25-17, inclusive, does not apply to
authorized emergency vehicles operated by law enforcement officers who are measuring
the speed of other vehicles by use of the emergency vehicle speedometer. Moreover,
the driver of an ambulance who has been certified pursuant to §34-11-6 may operate the
emergency vehicle in excess of the speed limit without audible signals while operating
outside the city limits of a municipality.
The speed limits referred to in Sections 32-25-1 through 32-25-17 are various
situations where the speed limits are not set by the municipality. Hence,I believe we can
utilize our own ordinance which provides the alternative of display of lights when
responding to an emergency. See revised Ordinance(attached,particularly Sec. 34-141
which has been inserted in this version of the Ordinance,which uses portions of the
above statute as an alternative to siren or horn.
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