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ORDINANCE NO. 10
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ATOMIC CITY:
SECTION 1. DECLARATION OF PURPOSE: An ordinance providing a speed limit within the City of Atomic City, Bingham County, Idaho; for the operation of all motor vehicles upon public streets within the limits of said city; and prescribing penalties for the violation of said speed limit; providing procedure upon arrest for misdemeanor; providing right-of-way for pedestrians; providing for crosswalks for pedestrians; and providing penalties for violations thereof; and fixing effective date hereof.
SECTION 2. DEFINITIONS:
2A. Crosswalk: That portion of the roadway included within the prolongation of the sidewalk lines at street intersections.
2B. Intersection: The area embraced within the prolongation of the property lines of two or more streets, which join at an angle, whether or not such street crosses the other.
2C. Motor Vehicle: Every vehicle as defined herein which is self-propelled.
2D. Pedestrians: Any person afoot.
2E. Right-Of-Way: The privilege of the immediate use of the street.
SECTION 3. SPEED LIMIT: It shall be unlawful for any person to drive any vehicle at a greater speed than twenty five (25) miles an hour within the confines of the City of Atomic City from and after the effective date of this ordinance.
SECTION 4. VEHICLES EXCEPTED FROM REGULATION: The provisions of this ordinance regulating the movement of vehicles and the right-of-way herein set forth shall not apply to ambulances nor to emergency vehicles of the city, county, or local public utilities, while the operator of any such vehicle is engaged in the necessary performance of emergency duties.
SECTION 5. PEDESTRIANS: It shall be unlawful for the operator of any vehicle to drive into any crosswalk, which is marked as provided for herein, when said crosswalk is being used or traveled by any pedestrian engaged in crossing the roadway, and the operator of any vehicle shall stop before entering any crosswalk when said crosswalk is then being used by any pedestrian.
SECTION 6. RESPONSIBILITY OF SIGNS, SIGNALS, AND CROSSWALKS: The Mayor and City council of the City of Atomic City shall determine and designate the character of all official warning and direction signs and signals and shall designate within the confines of said city crosswalks to be used by pedestrians, as that term “crosswalks” is defined herein, which said marks or symbols shall be clearly discernible by operators of motor vehicles as well as pedestrians by the marking upon said road or crosswalk in some bright colored paint the confines of said crosswalk; and the said Mayor and City Council shall have the authority to establish said crosswalks at all intersections where in their opinion there is danger to pedestrians crossing the roadway.
SECTION 7. PROCEDURE UPON ARREST FOR MISDEMEANOR: Whenever any person is arrested for violation of any provision of this Ordinance punishable as a misdemeanor, the arresting officer shall except as otherwise provided in this section, take the name and address of such person and license number of his motor vehicle and issue a summons, or/otherwise notify him in writing to appear at a time and place to be specified in such summons or notice, and such person shall, if he so desire, have a right to an immediate hearing at a convenient hour within twenty-four (24) hours, before a proper judicial officer. Such officer shall thereupon, upon the giving by such person of a sufficient written bond to be approved by the arresting officer, forthwith, release him from custody. Any person refusing to give such bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible police magistrate.
Any person who willfully violates his bond to appear, given in accordance with this section, shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested. Until such time as the City of Atomic city has a Peace Officer, Bingham County Sheriff’s Department will be in charge of the punishment or arrest of any person in violation of this ordinance.
SECTION 8. PUNISHMENT FOR VIOLATION: Any person violating any of the provisions of the foregoing ordinance shall be guilty of a misdemeanor and shall be subject to a fine of not exceeding One Hundred Dollars ($100.00).
SECTION 9. SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining sections or provisions.
SECTION 10. RESOLUTION: The Mayor and City Council may change by Resolution the dates and fees at their discretion.
This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.
PASSED AND APPROVED by the City Council of the City of Atomic City, Idaho this 10th Day of __March__ 1998.
NOTE: ALL SIGNATURES AND SEAL ARE ON THE ORIGINAL COPY
RECORDED APRIL 15, 1998 # 464317