§ 94-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a thoroughfare through the middle of a block.

Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter.

Controlled-access highway means every highway, street, or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over that highway, street, or roadway.

Crosswalk means:

(1)

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable roadway.

(2)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Driver means the operator of a vehicle. See Operator.

Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.

Intersection means:

(1)

The area embraced within the prolongation of the lateral curb lines or, if none, then the lateral edge of roadway lines of two or more highways which join one another at any angle, whether or not one such highway crosses the other.

(2)

Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of that divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.

Moped means vehicles having two or three wheels and operable pedals and equipped with a motor which does not exceed 50 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 20 miles per hour on a level surface.

Motorcycle means vehicles having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and motor-driven bicycles, but excluding tractors and utility vehicles equipped with an additional form of device designed to transport property, three-wheeled vehicles while being used by law enforcement agencies, and mopeds.

Official traffic-control devices means 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.

Operator means a person in actual physical control of a vehicle which is in motion or which has the engine running.

Park (when prohibited) means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Pedestrian means any person afoot.

Police officer means every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Private road or driveway means every road or driveway not open to the use of the public as a matter of right for the purpose of vehicular traffic.

Railroad means a carrier of persons or property upon cars, operated upon stationary rails.

Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

Right-of-way means the privilege of the immediate use of the roadway.

Roadway means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the 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.

Safety zone means a traffic island or other space officially set aside within a roadway 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 apart as a safety zone.

Sidewalk means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.

Stop (when required) means complete cessation of movement.

Stop, stopping, or standing (when prohibited) means any stopping or standing 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 traffic-control sign or signal.

Street or highway means the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The term "street" or "highway," or a combination of the two terms, shall be used synonymously.

Through highway means every street or highway or portion thereof, at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same, and when stop signs are erected as provided in this chapter.

Traffic means and includes pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any street for purposes of travel.

Traffic-control signal means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Traffic division means the traffic division of the police department of the town, or if a traffic division is not established, then the term "traffic division," whenever used herein, shall be deemed to refer to the police department of the town.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks. For the purpose of this chapter, bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those which by their nature can have no application. Other types of vehicles include:

(1)

Authorized emergency vehicle means vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police.

(2)

Commercial vehicle means every vehicle designed, maintained, or used primarily for the transportation of property.

(3)

Motor vehicle means every vehicle which is self-propelled and every vehicle designed to run upon the highways which is pulled by a self-propelled vehicle. The term "motor vehicle" shall not include mopeds.

(Code 1985, § 70.01; Code 1999, § 90-1)