[Ord. No. 3317-01 §1, 12-19-2001]
For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them:
- CONSTRUCTION ZONE OR WORK ZONE
- Any area upon or around any highway which is visibly marked as an area where construction, maintenance, or other work is occurring, including the lanes of highway leading up to the area upon which an activity described in this Subsection is being performed, beginning at the point where appropriate signs directing motor vehicles to merge from one (1) lane into another lane are posted.
- Any public thoroughfare for vehicles, including State roads, County roads and public streets, avenues, boulevards, parkways, or alleys.
- MOVING VIOLATION
- That character of traffic violation of traffic or motor vehicle operation ordinance of the City where at the time of violation the motor vehicle involved is in motion, except that the term does not include the driving of a motor vehicle without a valid motor vehicle registration license, or violations relating to sizes and weights of vehicles.
Upon a conviction or a plea of guilty by any person for a moving violation the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone. For purposes of this Section, it is not necessary that the offense occur:
Upon a conviction or plea of guilty by any person for a speeding violation, or a passing violation pursuant to Subsection (F) hereof, the court shall assess a fine of two hundred fifty dollars ($250.00), in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone. However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B) hereof, and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (D) of this Section.
The penalty authorized by Subsection (C) of this Section shall only be assessed by the court if signs have been erected upon or around a construction or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone".
During any day in which no person is present in a construction zone or a work zone to perform duties related to the purpose of the zone, the sign required by Subsection (D) hereof shall not be visible to motorists. During any period of two (2) hours or more in which no person is present in such zone on a day in which persons have been or will be present to perform duties related to the reason for which the area was designated as a construction zone or work zone, the sign required by Subsection (D) hereof shall not be visible to motorists. The contractor performing the work shall be responsible for posting and removing or concealing the sign required by Subsection (D) in compliance with this Subsection. Nothing in this Subsection shall prohibit warning or traffic control signs necessary for public safety in the construction or work zone being visible to motorists at all times.
The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone. This Subsection applies to a construction zone or work zone located upon a highway divided into two (2) or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane by an appropriate sign.