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CHAPTER 13-09

GENERAL RULES OF THE ROAD SECTION:

13-0901. Following Too Closely.

13-0902. Right of Way.

13-0903. Exception to the Right of Way Rule.

13-0904. Vehicle Entering Through Street or Stop Intersection.

13-0905. Vehicle Entering Yield Intersection.

13-0906. Driving on Divided Street or Highway.

13-0907. Restricted Access.

13-0908. Restrictions on Use of Controlled-Access Roadways.

13-0909. Drive on Right Side of Roadway: Exceptions.

13-0910. Passing Vehicles Proceeding in Opposite Directions.

13-0911. Dimming of Headlights on Meeting Another Vehicle.

13-0912. Overtaking a Vehicle on the Left.

13-0913. When Overtaking on the Right is Permitted.

13-0914. Limitations on Overtaking on the Left.

13-0915. Further Limitations of Driving to Left of Center of Roadway.

13-0916. No Passing Zones.

13-0917. Driving on Roadways Laned for Traffic.

13-0918. Stopping on Street.

13-0919. Emerging from Alley, Driveway or Building.

13-0920. Authorized Emergency Vehicles.

13-0921. Operation of Vehicles on approach of Authorized Emergency Vehicles.

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13-0901. FOLLOWING TOO CLOSELY. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the street, and in no event more closely than would permit the driver of the vehicle following another to stop within the space between the two vehicles in case the first vehicle stops upon the street.

13-0902. RIGHT OF WAY. The following rules shall be applicable to the right of way of vehicles:

1. When two vehicles approach or enter an intersection at approximately the same time and there is a reasonable probability of a collision unless one gives way, the driver of the vehicle on the left has the greater duty to maintain a fair margin of safety and shall yield the right of way to the vehicle on the right except as otherwise provided in this title.

2. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way which he might otherwise have hereunder.

3. The driver of a vehicle which is backing up shall yield the right of way to other vehicles.

13-0903. EXCEPTION TO THE RIGHT OF WAY RULE. The following shall be exceptions to the right of way rules:

1. The driver of a vehicle entering a public street or highway from a private road or drive shall yield the right of way to all vehicles approaching or on such public street or highway; and

2. The driver of a vehicle upon the streets or highways of this city shall yield the right of way to a Class A authorized emergency vehicle when the driver of any said vehicle sounds audible signal by horn, bell, siren or exhaust whistle as may be reasonably necessary, or when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle except that an authorized emergency vehicle operated as a police vehicle need not be equipped with nor display a red light visible from in front of the vehicle, right of way shall be yielded to such authorized emergency vehicle, regardless of traffic signals, lights or signs. This provision shall not operate to relieve the driver of such authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the streets or highways, nor shall it protect the driver of any such vehicle from the consequences of his reckless disregard for the safety of others.

13-0904. VEHICLE ENTERING THROUGH STREET OR STOP  INTERSECTION.

1. The driver of a vehicle shall come to a complete stop before entering or crossing any through street or highway and shall use special care and caution in crossing the intersection of or intercepting the lines of traffic on, such through highways or streets, until his way is clear of such through traffic; provided that when the traffic at any intersection of such through street or highway is regulated or controlled by traffic lights, or by a member of the police department on duty, the driver of any vehicle shall be regulated and controlled thereby and shall act in accordance with the directions and regulations of such traffic lights or such traffic policemen, and in accordance with any traffic signs therein placed affecting such traffic;

2. The driver of a vehicle shall likewise come to a complete stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through street or highway shall use special care and caution in crossing the intersection of, or intercepting the line of traffic on, such stop intersection, until his way is clear of such traffic; provided that when the traffic at any intersection is regulated or controlled by traffic lights, or by a member of the police department on duty, the driver of any vehicle shall be regulated and controlled thereby, and shall act in accordance with the directions and regulations of such traffic lights or such traffic policeman, and in accordance with any traffic signs there in place affecting such traffic;

3. Every driver approaching a stop sign shall stop before entering the crosswalk on the near side of the intersection, or in the event there is not a crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by police officer or a traffic-control signal.

13-0905. VEHICLE ENTERING YIELD INTERSECTION.

1. The driver of a vehicle approaching a yield right-of-way sign shall in obedience to such sign slow down to a speed reasonable for the existing condition or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving and to any vehicle in the intersection or approaching on another street or highway so closely as to constitute an immediate hazard. A driver who enters a yield intersection without stopping or has or causes a collision with a pedestrian in a crosswalk or a vehicle in the intersection shall prima facie be considered not to have yielded as required herein. The foregoing shall not relieve the drivers of other vehicles approaching the intersection at such distance as not to constitute an immediate hazard from the duty to drive with due care to avoid a collision.

2. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if not, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

13-0906. DRIVING ON DIVIDED STREET OR HIGHWAY. Whenever any street or highway has been divided into two roadways by leaving an intervening space or by a physicalbarrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority.

13-0907. RESTRICTED ACCESS. No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.

13-0908. RESTRICTIONS ON USE OF CONTROLLED-ACCESS ROADWAYS. The provisions of N.D. Cent. Code § 39-10-21 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0909. DRIVE ON RIGHT SIDE OF ROADWAY: EXCEPTIONS. The provisions of N.D. Cent. Code § 39-10-08 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0910. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS. The provisions of N.D. Cent. Code § 39-10-09 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0911. DIMMING OF HEADLIGHTS ON MEETING ANOTHER VEHICLE. Whenever a driver of a vehicle approaches an oncoming vehicle during a time specified in Section 13-1510 of these ordinances, the driver of each vehicle shall dim his headlamps so that under normal atmospheric conditions, such lamps shall throw a beam not more than one hundred feet ahead of such vehicle.

13-0912. OVERTAKING A VEHICLE ON THE LEFT. The provisions of N.D. Cent. Code § 39-10-11 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0913. WHEN OVERTAKING ON THE RIGHT IS PERMITTED. The provisions of N.D. Cent. Code § 39-10-12 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0914. LIMITATIONS ON OVERTAKING ON THE LEFT. The provisions of N.D. Cent. Code § 39-10-13 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0915. FURTHER LIMITATIONS ON DRIVING TO LEFT OF CENTER OF ROADWAY. The provisions of N.D. Cent. Code § 39-10-14 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0916. NO PASSING ZONES. The provisions of N.D. Cent. Code § 39-10-15 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0917. DRIVING ON ROADWAYS LANED FOR TRAFFIC. The provisions of N.D. Cent. Code § 39-10-17 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0918. STOPPING ON STREET. The following rules shall be applicable stopping and parking vehicles on streets:

1. No person shall park or leave standing any vehicle, whether attended or unattended, upon the main traveled portion of any street when it is practicable to park or leave such vehicle standing off the main traveled portion of the street; provided in no case shall any person park or leave standing attended or unattended, upon any street, a vehicle unless a clear and unobstructed width of not less than fifteen feet shall be left free for the passage of other vehicles thereon, and unless a clear view of such vehicle may be obtained from a distance of two hundred feet in both directions upon such streets;

2. No driver of any vehicle shall stop the same on any street, avenue, lane or alley of the city in such manner as to prevent or hinder other vehicles or persons from passing at all times, unless in case of absolute necessity, nor shall any driver of any vehicle stop the same at any regular crossing of said street, alley, lane or avenue so as to prevent the free passage of persons traveling or passing on foot.

3. Whenever any peace officer shall find a vehicle standing upon a street or highway in violation of the provisions of this section, he is hereby authorized to move such vehicle, or require the driver or person in charge of such vehicle to move such vehicle, to a position permitted under this section, or to impound it at the expense of the owner or driver.

4. Provisions of this section shall not apply to the driver of any vehicle which is disabled while upon the main traveled portion of a street in such manner and to such extent that it is impossible to avoid stopping temporarily leaving such vehicle in such position.

13-0919. EMERGING FROM ALLEY, DRIVEWAY OR BUILDING. The driver of a vehicle emerging from an alley, driveway, private road, or building within a business or resident district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. Such driver entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

13-0920. AUTHORIZED EMERGENCY VEHICLES. The provisions of N.D. Cent. Code §§ 39-10-03, 39-10-03.1, and 39-10-03.2 and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance.

13-0921. OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES. The provisions of N.D. Cent. Code § 39-10-26 and all subsequent amendments shall be and are incorporated by reference in this ordinance.