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HomeMy WebLinkAbout1955-B-1712 137 ORDINANCE NO, B =.1712 AN ORDINANCE relating to traffic speed limits and towing charges of impounded vehicles, and amending Sections 39 and 95 of the Traffic Code Ordinance No. B -1526, entitled AN ORDINANCE relating to and regulating traffic, travel and trans- portation and their incidents upon the streets and other ways open to the public; prescribing the powers and duties of officers and other in relation thereto; defining offenses; providing penalties, and repealing Ordinance No. B-131 and all amendments thereof and all other ordinances in so far as they are in conflict therewith, and declaring an emergency ", as amended by Ordin- ance No. B -1546, and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA.: Section 1: Section 39 of the Traffice Code Ordinance No. B -1526, entitled as shown in the caption hereof, passed on December 31, 1953, as amended by Ordinance No. B -156, is hereby amended to read as follows: "Section 39. SPEED REGULATIONS. "(a) Every person operating a vehicle of any character upon a public street or alley shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the condition existing at the point of oper- ation, taking into account the amount and character of traffic, condition of brakes, weight of vehicle, grade and with of highway, condition of surface, and freedom of ob- struction to view ahead, and consistent with any and all conditions existing at the point of operation so as not to unduly or unreasonably endanger the life, limb, property or other rights of any person entitled to the use of the street or alley, or of any child o _children of immature years upon or adjacent to the same. "(b) Subject to subdivision (a) of this section, and except as otherwise herein provided, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of the following: "1. Twenty (20) miles per hour: When passing any marked school or public playground or park crosswalk, when such marked crosswalk is fully posted with standard portable school or speed control signs. The speed zone at the crosswalk shall extend 30C feet in either direction from the marked crosswalk. "2. Twenty -five (25) miles per hour: Throughout the City except as otherwise limited by this code. "3. Thirty -five (35) miles per hour: It shall be lawful to travel upon the following streets and roadways at a speed not greater than thirty -five (35) miles per hour, so long as such streets and roadways remain the boundaries between the City of Yakima and Yakima County: "Englewood Avenue; Grandview Avenue between Lincoln Avenue and Englewood Avenue; Summitview Avenue, where the same constitutes a boundary between, the City of Yakima and Yakima County; South 16th Avenue between Grant Street and West Mead Avenue; West Mead Avenue from South 16th Avenue to the Union Pacific Railway right -of -way. "The speed limit shall also be thirty -five (35) miles per hour on such streets as may be designated by resolution adopted by the City Commission and by signs posted on such streets. "(c) All charges for the violation of any of the provisions of this section, every notice to appear, and every . complaint chargining the violation of this section shall specify approximately the speed at which the defendant is alleged to have operated such vehicle, the maximum lawful speed at the point of operation, and the reasonable and proper rate speed applicable under the conditions existing at the point of operation. "(d) The speed limits set forth in this code shall not apply to authorized emergency vehicles when operated in emergencies and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not relieve the driver of such vehicle from the duty to drive with due regard for the safety of all persons using the street nor shall it protect him from the consequences of a reckless disregard for th safety of others. . "(e) Compliance with speed requirements of this code, under the circum- stances hereinabove set forth, shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require. "(f) The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this code at the point of operation and under the circumstances de- scribed shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof." Section 2. Section 95 of the Traffic Code Ordinance No. B -1526, entitled as shown in the caption hereof, passed on December 31, 1953, as amended by Ordinance No. B -1546, is hereby amended to read as follows: "Section 95. REDEMPTION OF IMPOUNDED VEHICLES. Before the said owner or his agent shall be permitted to remove a vehicle from such pound he shall: "(a) Furnish satisfactory evidence to the Chief of Police and the operator of the garage in which the vehicle is impounded of his identity and ownership or agency.` "(b) Pay to the Chief of Police, who shall issue a receipt therefor, the towing or hauling charges, not exceeding in any event Seven and 50/100 Dollars (4;7.50), and not exceeding Five Dollars ($5.00) if said impounding occurs between 8 o'clock a.m. to 5 o'clock p.m., and the storage charges not exceeding One Dollar ($1.00) per day for each day impounded. P 38 ORDINANCE NO. B -1712 "(c) Present the receipt of the Chief of Police to the operator of said garage; !'(d) Sign a written receipt for said vehicle." Section 3. This ordinance is one to provide for the immediate preservation of public peace, property, health and safety of the people of the City of Yakima; and an emergency is hereby declared to exist, and said ordinance shall be in full force and effect immediately upon its passage, approval, and publication, as provided by law and the City Charter. ASSED BY THE CITY COMMISSION, signed and approved, this llth day of July, 1955. ATTEST: PEAR BENJAMIN (S E A L) G. W. BURNS City Clerk Mayor I hereby, certify that the foregoing is a full, true and correct copy of Ordinance No. B -1712 entitled "AN ORDINANCE relating to traffic speed limits and towing charges of impounded vehicles, and amending Section 39 and 95 of the Traffic Code Ordinance No. B -1526, entitled "AN ORDINANCE relating to and regulating traffic, travel and transpor- tation and their incidents upon the streets and other ways open to the public; prescribing the powers and duties of officers and other in relation thereto; defining offenses; pro- viding penalties, and repealing Ordinance No. B -131 and all amendments thereof and all other ordinances in so far as they are in conflict therewith, and declaring an emergency " as amended by Ordinance No. B -1546, and declaring an emergency." as passed on the llth day of July, 1 and that has been published by law. CITY CLERK L