CHAPTER 13-01
DEFINITIONS SECTIONS:
13-0101 Definitions.
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13-0101. DEFINITIONS. The following words and phrases, when used in this title, shall have the meanings respectively ascribed to them except in those instances where the context clearly indicates a different meaning:
1. "Authorized Emergency Vehicles."
a. “Class A” authorized emergency vehicles means:
(1) Vehicles of a governmentally owned fire department;
(2) Vehicles when operated by or under the control of a police officer having authority to enforce the provisions of this title or by a salaried employee of a municipal police department within the municipality or by a sheriff or deputy sheriff not including special deputy sheriffs, or by the director of the department of corrections and rehabilitation and the director’s authorized agents who have successfully completed training in the operation of class A authorized emergency vehicles;
(3) Vehicles clearly identifiable as property of the Department of Corrections and Rehabilitation when operated or under the control of the Director of the Department of Corrections and Rehabilitation.
(4) Ambulances;
(5) Vehicles operated by or under the control of the Director, District Deputy Director, or a District Deputy Game Warden of the Game and Fish Department;
(6) Vehicles owned or leased by the United States and used for law enforcement purposes.
(7) Vehicles designated for the use of the Adjutant General and Assistant Adjutant General in cases of emergency;
(8) Vehicles operated by or under the control of the Director of the Parks and Recreation Department.
(9) Vehicles operated by or under the control of a licensed railroad police officer and used for law enforcement purposes.
(10) Vehicles operated by or under the control of the state forester.
(11) Vehicles operated by or under the control of the Bureau of Criminal Investigation and used for law enforcement purposes.
b. “Class B” authorized emergency vehicles means wreckers and such other emergency vehicles as are authorized by the local authorities.
c. “Class C” authorized emergency vehicles means:
(1) Vehicles used by the State Division of Homeland Security or local division of emergency management organizations.
(2) Vehicles used by volunteer firefighters while performing their assigned disaster and emergency responsibilities.
(3) Vehicles, other than ambulances, used by emergency medical services personnel.
Source: Ord. 2014-17, Sec. 6 (2014)
2. "Bicycle" shall mean every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than twenty (20) inches in diameter.
3. "Bus" shall mean every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxi cab, designed and used for the transportation of persons for compensation.
4. "Business District" shall mean the territory contiguous to a highway when fifty percent (50%) or more of the frontage thereon or a distance of three hundred (300)= feet or more is occupied by buildings in use for
business; and the term "business district" shall in all cases include that portion of the City lying within the fire limits now established or to be hereafter established in the City of Harwood, together with all streets or alleys constituting the boundaries thereof.
5. "Commercial Freighting" shall mean the carriage of things other than passengers, for hire, except that such terms shall not include:
a. Carriage by local dray lines, baggage or goods to or from a railroad station, from or to places in the City or in the immediate vicinity thereof, not to exceed two miles from the corporate or recognized limits of the City; or
b. Hauling done by farmers for their neighbors in transporting agricultural products to or from market.
6. "Commercial Vehicle" shall mean a vehicle designed, maintained, or used primarily for the transportation of property for hire.
7. "Controlled-Access Highway'' shall mean every highway, street, or road-way in respect to owners or occupants of= abutting lands and other persons have no legal right or access to or from the same except at such points only and in such manner as may be determined by the City Council.
8. "Cross Walk" shall mean that part of a road-way at an intersection included within the connections of the lateral lines of the sidewalk on opposite sides of the highway measured from the curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
9. "Curb" shall mean the boundary of that portion of the street open to the use of the public from that from the use of vehicles.
10. "Curb Loading Zone" shall mean a space adjacent to a curb reserved for the exclusive use of vehicles for the loading and unloading of passengers or materials.
11. "Dealer" shall mean every person, partnership or corporation engaged in the business of buying, selling or exchanging motor vehicles, or who advertises, or holds himself out to the public as engaged in the buying, selling or exchanging of motor vehicles, or who engages in the buying of motor vehicles for resale. Any person, partnership, corporation, or association doing business in several locations in the City shall be considered a separate dealer in each such location.
12. "Driver" shall mean every person who drives or is in actual physical control of a vehicle, and shall include the rider or driver of any animal.
13. "Essential Parts" shall mean all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
14. "Explosives" shall mean any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing sudden destructive effects on contiguous objects or by destroying life or limb.
15. "Farm Tractor" shall include every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry.
16. "Flammable Liquid" shall mean any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closedcup test device.
17. "Freight Curb Loading Zone" shall mean a space adjacent to a curb for the exclusive use of vehicles during a loading or unloading of freight.
18. "Guest" shall mean a person who accepts a ride in any vehicle without giving compensation therefore.
19. "Gross Weight" shall mean the weight of a vehicle without load plus the weight of any load thereon.
20. "Highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
21. "Implement of Husbandry" shall mean every vehicle designed or adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway.
22. "Intersection" shall mean the area embraced within the prolongation or connection of the lateral curb line, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle become in conflict, whether or not one such street crosses the other. Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
23. "Intoxicating Liquor" shall mean and include any beverage containing alcohol.
24. "Laned Roadway" shall mean a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
25. "Legal Owner" shall mean a person who holds the legal title to the vehicle.
26. "Local Authorities" shall include every individual, local board, or body having authority to adopt local police regulations under the ordinances of this municipality.
27. "Mail" shall mean to deposit mail properly addressed with postage prepaid with the United States Postal Service.
28. "Manufacturer" shall mean any person engaged in the business of manufacturing motor vehicles or trailers.
29. "Metal Tires" shall include all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, non-resilient material.
30. "Motor Vehicle" shall include any vehicle which is self-propelled.
31. "Motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider designed to travel on not more than three wheels in contact with the ground, but excluding implements of husbandry.
32. "Non-Resident" shall mean any person who is not a resident of this municipality.
33. "Official Time Standard" shall mean whenever certain hours are named herein they shall mean standard time or daylight savings time as may be in current use in this City.
34. "Official Traffic-Control Devices" shall mean all signs, signals, markings and devices not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
35. "Operator" shall mean every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
36. "Owner" shall mean the person holding legal title to a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condition stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or if the mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
37. "Park or Parking" shall mean the standing of a vehicle, occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
38. "Passenger Curb Loading Zone" shall mean a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
39. "Pedestrian" shall mean any person afoot.
40. "Person" shall include every natural person, firm, partnership, association or corporation.
41. "Pneumatic Tires" shall include all tires inflated with compressed air.
42. "Pole Trailer" shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
43. "Police Officer" shall mean every officer authorized to direct and regulate traffic or to make arrests for violations of traffic regulations.
44. "Private Road or Driveway" shall mean every way or place in private ownership in use for vehicular travel by the owner and those having expressed or implied permission from the owner, but not by other persons.
45. "Public Building" shall mean any theater, moving picture house, hospital, church, school, city building, state building, federal building, public library or post office.
46. "Railroad" shall mean a carrier of persons or property on cars, other than street cars, operated upon stationary rails.
47. "Railroad Sign or Signal" shall mean any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
48. "Residence District" shall mean all of that territory within the City of Harwood outside the district known and designated as the fire limits, and not comprising a part of the business district.
49. "Revocation" means that the driver's license and the privilege to drive a motor vehicle on the public streets are terminated and shall not be renewed or restored except that an application for a new license may be presented and acted upon by the proper authorities after the expiration of the period of revocation, which period shall not be less than thirty (30) days.
50. "Right-of-Way" shall mean the privilege of the immediate use of a roadway.
51. "Roadway" shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
52. "Safety Zone" shall mean the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone.
53. "School bus" shall mean every motor vehicle owned by a public governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
54. "School Zone" shall mean the area or space of any public street or alley, any part of which abuts or lies opposite any public or private property used exclusively for school purposes, where any children of the age of sixteen (16) years or less receive educational training, and shall include public play grounds.
55. "Semi-Trailer" shall include any vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another motor vehicle.
56. "Sidewalk" shall mean that portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
57. "Solid Tires" shall include every tire made of rubber or other material other than a pneumatic tire.
58. "Stand or Standing" shall mean the halting of vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
59. "Stop" when required, shall mean complete cessation from movement.
60. "Stop or Stopping" when prohibited, this means any halting even momentarily of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control sign or signal.
61. "Street" shall mean the entire width between the legal lines of every way publicly maintained when any part thereof is open to the public for the purposes of vehicular travel. Said term shall include and mean public and private parking lots.
62. "Suspension" means that the driver's license and privilege to drive a motor vehicle on the streets are temporarily withdrawn, but only during the period of such suspension.
63. "Through Highway or Street" shall mean every highway street which is described as a principal arterial, minor arterial, or collector street in the City of Harwood.
64. "Traffic" shall mean pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highway for purposes of travel.
65. "Traffic Control Signal" shall mean any device whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
66. "Trailer" shall include every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
67. "Tricycle" shall mean every device propelled by human power upon which any person may ride, having three wheels any of which is more than twenty (20) inches in diameter.
68. "Truck" shall include every motor vehicle designed, used, or maintained primarily for transportation of property.
69. "Truck Tractor" shall include every motor vehicle designed and used primarily for drawing other vehicles and not so constructed to carry a load other than a part of the weight of the vehicle and load so drawn.
70. "Urban District" shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of 100 feet for a distance of a quarter of a mile or more.
71. "Vehicle" shall mean every device in, upon, or by which any person or property is, or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle, tricycle or a ridden animal shall be deemed a vehicle.