The provisions of this article relating to the
operation of vehicles refer exclusively to the operation of vehicles
upon highways, except as otherwise provided.
The driver of a vehicle shall not back the same
unless such movement can be made with reasonable safety and without
interfering with other traffic.
The driver of a motor vehicle traveling through
defiles or canyons or on mountain highways shall hold such vehicle
under control and as near the right-hand edge of the highway as reasonably
possible and, upon approaching any curve where the view is obstructed
within a distance of two hundred feet along the highway, shall give
audible warning with the horn of such motor vehicle.
A.
The driver of a vehicle, upon meeting or overtaking
from either direction any stopped school bus, shall stop the vehicle
before reaching such school bus when there is in operation on such
school bus the flashing red lights as specified in Wyoming Statutes,
1977, section 31-5-934, and such driver shall not proceed until such
school bus resumes motion or the flashing red lights are no longer
actuated.
B.
The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or passing a school bus which
is on a different roadway or when upon a controlled access highway
and the school bus is stopped in a loading zone which is a part of
or adjacent to such highway and where pedestrians are not permitted
to cross the roadway.
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.
It shall be unlawful for any person under fifteen
years of age to operate a motor vehicle, and any owner, dealer or
manufacturer who permits a person under fifteen years of age to operate
a motor-vehicle shall be deemed guilty of a misdemeanor and shall
be punished as hereinafter provided for violation of the provisions
of this chapter.
A.
The driver of an authorized emergency vehicle, when
responding to an emergency call or when in pursuit of an actual or
suspected violator of the law or when responding to but not upon returning
from a fire alarm, may exercise the privileges set forth in this section,
but subject to the conditions herein stated.
B.
The driver of an authorized emergency vehicle may:
(1)
Park or stand, irrespective of the provisions of this
article.
(2)
Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for safe operation.
(3)
Exceed the prima facie speed limits, so long as he
does not endanger life or property.
(4)
Disregard regulations governing direction of movement
or turning in specified directions.
C.
The exemptions herein granted to an authorized emergency
vehicle shall apply only when the driver of any such vehicle, while
in motion, sounds an audible signal by bell, siren or exhaust whistle,
as may be reasonably necessary, and 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 or display
a red light visible from in front of the vehicle.
D.
The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions protect
the driver from the consequences of his reckless disregard for the
safety of others.
[Amended by Ord. No. 91-11]
A.
A person operating a motorcycle shall ride only upon
the permanent and regular seat attached thereto and shall not carry
any other person, nor shall any other person ride on a motorcycle
unless the motorcycle is designed to carry more than one person, in
which event a passenger may ride upon the permanent and regular seat,
if designed for two persons, or upon another seat firmly attached
to the motorcycle at the rear or side of the operator.
B.
A person shall ride upon a motorcycle only while sitting
astride the seat, facing forward.
C.
No person shall operate a motorcycle while carrying
any package, bundle or other article which prevents him from keeping
both hands on the handlebars, obstructs his vision or interferes with
the safe operation of the motorcycle.
D.
No operator shall carry any person so as to, nor shall
any person ride in a position that will, interfere with the safe operation
or control of the motorcycle or the view of the operator.
E.
All motorcycles are entitled to full use of a lane,
and no motor vehicle shall be driven in such a manner as to deprive
any motorcycle of the full use of a lane. This subsection shall not
apply to motorcycles operated two abreast in a single lane.
F.
The operator of a motorcycle shall not overtake and
pass any vehicle except a single motorcycle in the same lane occupied
by the vehicle being overtaken.
G.
No person shall operate a motorcycle between lanes
of traffic or between adjacent lines or rows of vehicles.
I.
Motorcycles shall not be operated more than two abreast
in a single lane.
J.
No person riding upon a motorcycle shall attach himself
or the motorcycle to any other moving vehicle on a roadway.
K.
Any motorcycle carrying a passenger, other than in
a sidecar or enclosed cab, shall be equipped with footrests for the
passenger.
L.
No person shall operate any motorcycle with handlebars
more than fifteen inches in height above the portion of the seat occupied
by the operator.
M.
No minor shall operate or ride, nor shall the operator
permit a minor to ride, upon a motorcycle unless he is wearing protective
headgear securely fastened on his head, and of a type which complies
with standards established by the superintendent of the Wyoming Department
of Transportation. This subsection shall not apply to persons riding
within an enclosed cab or to persons operating or riding a moped.
This subsection shall only apply to motorcycles used on public highways,
streets and thoroughfares.
N.
Any person operating a motorcycle or pedestrian vehicle
shall have the head lamps of the motorcycle or pedestrian vehicle
activated at all times, including daylight hours.
P.
The state highway commission is authorized to approve
or disapprove protective headgear and eye protective devices required
herein, and to issue and enforce regulations establishing standards
and specifications for the approval thereof and relating to the sale
and use of such equipment as provided in Wyoming Statutes, 1977, sections
31-5-937, 31-5-938 and 31-5-939 for other vehicle safety equipment.
The standard for protective headgear shall meet or exceed the Z90.1-1971
standard of the American National Standards Institute. However, all
existing equipment meeting the Z90.1-1966 standard of the American
National Standards Institute shall be accepted.
Q.
The provisions of this section apply to mopeds, unless
otherwise provided.
[Added 11-3-2020 by Ord.
No. 20-14]
A.
OFF-ROAD RECREATIONAL VEHICLE
(1)
(2)
(3)
OPERATOR
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Per W.S. 31-1-101(K) means:
Type 1 - Any recreational vehicle primarily designed for off-road
use which has an unladen weight of 1,100 pounds or less;
Type 2 - Any unlicensed motorcycle which has an unladen weight
of 600 pounds or less and is designed to be ridden off road with the
operator astride upon a seat or saddle and travels on two tires; and
Type 3 - Any multi-wheeled motorized vehicle not required by
law to be licensed and is designed for cross-country travel on or
over land, sand, snow, ice or other natural terrain and which has
an unladen weight of more than 900 pounds.
Every person who operates or is in actual physical control
of the operation of an off-road recreational vehicle.
B.
Wyoming
Off-Road Recreational Vehicle Trail. Off-road recreational vehicles
may be operated on the streets, roads and travel routes of the City
of Evanston which have been designated as a Wyoming Off-Road Vehicle
Recreational Trail by the governing body of the City of Evanston in
conjunction with the Wyoming Department of State Parks and Cultural
Resources as provided in W.S. 31-5-1601, and W.S. 31-2-701 through
31-2-707, subject to compliance with the following requirements:
(1)
The
off-road recreational vehicle shall display a current State of Wyoming
off-road recreational vehicle registration decal;
(2)
The
operator must have a valid driver's license;
(3)
Crossings
of main-traveled roadways by the off-road recreational vehicle shall
be made at right angles to the roadway or as nearly so as practicable,
but in any case yielding the right-of-way to all traffic in the main-traveled
roadway;
(4)
When
operating at any time from 1/2 hour after sunset to 1/2 hour before
sunrise, the off-road recreational vehicle shall be equipped with
and use lighted lamps and illuminating devices in accordance with
W.S. 31-5-910 through 31-5-940;
(5)
The
off-road recreational vehicle shall be equipped with an adequate braking
device that may be operated either by hand or foot; and
(6)
The
off-road recreational vehicle shall be equipped with a noise muffler
which produces a propulsion noise level of not more than 102 decibels
at 20 inches in a stationary test.
C.
Incidental operation. The occasional, incidental operation of off-road recreational vehicles for nonrecreation purposes shall be permitted on City streets subject to the requirements set forth in Subsection B above. But in addition, wherever practicable, the off-road recreational vehicle shall be operated off the main traveled portion of the City street.
A.
Upon all roadways of sufficient width a vehicle shall
be driven upon the right half of the roadway, except as follows:
(1)
When overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement;
(2)
When the right half of a roadway is closed to traffic
while under construction or repair;
(3)
Upon a roadway divided into three marked lanes for
traffic under the rules applicable thereon; or
(4)
Upon a roadway designated and signposted for one-way
traffic.
B.
Upon all roadways except one-way streets, vehicle
proceeding at less than the normal speed of traffic at the time and
place and under the conditions then existing shall be driven in the
right-hand lane then available for traffic, or as close as practicable
to the right-hand curb or edge of the roadway, except when overtaking
and passing another vehicle proceeding in the same direction or when
preparing for a left turn at an intersection or into a private road
or driveway.
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right, and upon roadways having width
for not more than one line of traffic in each direction, each driver
shall give to the other at least one-half of the main-traveled portion
of the roadway, as nearly as possible.
The following rules shall govern the overtaking
and passing of vehicles proceeding in the same direction, subject
to those limitations, exceptions and special rules hereinafter stated:
A.
The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof at
a safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle.
B.
Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and shall
not increase the speed of his vehicle until completely passed by the
overtaking vehicle.
No vehicle shall be driven to the left side
of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction, unless such left side is clearly
visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every event
the overtaking vehicle must return to the right-hand side of the roadway
before coming within one hundred feet of any vehicle approaching from
the opposite direction.
A.
The driver of a vehicle may overtake and pass upon
the right of another vehicle only under the following conditions:
(1)
When the vehicle overtaken is making or about to make
a left turn.
(2)
Upon a street or highway with unobstructed pavement,
not occupied by parked vehicles, of sufficient width for two or more
lines of moving vehicles in each direction.
(3)
Upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the roadway
is free from obstructions and of sufficient width for two or more
lines of moving vehicles.
B.
The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such movement
in safety. In no event shall such movement be made by driving off
the pavement or main-traveled portion of the roadway.
Where signs or markings are in place upon those
portions of any street where overtaking and passing or driving to
the left of the roadway would be especially hazardous, except as necessary
to return to his normal lane of traffic, no driver shall at any time
drive on the left side of the roadway within such no passing zone
or on the left side of any pavement striping designed to mark such
no passing zone throughout its length.
A.
No vehicle shall at any time be driven to the left
side of the roadway under the following conditions:
(1)
When approaching the crest of a grade or upon a curve
in the highway where the driver's view is obstructed within such distance
as to create a hazard in the event another vehicle might approach
from the opposite direction.
(2)
When approaching within one hundred feet or traversing
any intersection or railroad grade crossing.
(3)
When the view is obstructed upon approaching within
one hundred feet any bridge, viaduct or tunnel.
B.
The foregoing limitations shall not apply upon a one-way
roadway.
Whenever any roadway has been divided into two
or more clearly marked lanes for traffic, the following rules, in
addition to all others consistent herewith, shall apply:
A.
A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be made
with safety.
B.
Upon a roadway which is divided into three lanes,
a vehicle shall not be driven in the center lane except when overtaking
and passing another vehicle where the roadway is clearly visible and
such center lane is clear of traffic within a safe distance, or in
preparation for a left turn, or where such center lane is at the time
allocated exclusively to traffic moving in the direction in which
the vehicle is proceeding and is signposted to give notice of such
allocation.
C.
Official signs may be erected directing slow moving
traffic to use a designated lane or designating those lanes to be
used by traffic moving in a particular direction regardless of the
center of the roadway, and drivers of vehicles shall obey the directions
of every such sign.
A.
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 vehicles and the traffic upon and the condition
of the highway.
B.
The driver of any motor truck or motor vehicle drawing
another vehicle, when traveling upon a roadway outside of a business
or residence district, and which is following another motor truck
or motor vehicle drawing another vehicle shall, whenever conditions
permit, leave sufficient space so that an overtaking vehicle may enter
and occupy such space without danger. A motor truck or motor vehicle
drawing another vehicle may overtake and pass any like vehicle or
other vehicle.
C.
Motor vehicles being driven upon any roadway outside
of a business or residence district in a caravan or motorcade, whether
or not towing other vehicles, shall be so operated as to allow sufficient
space between each such vehicle or combination of vehicles so as to
enable any other vehicle to enter and occupy such space without danger.
This provision shall not apply to funeral processions.
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 12-28, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
The driver of a vehicle intending to turn at
an intersection shall do so as follows:
A.
Right turns. Both the approach for a right turn and
a right turn shall be made as close as practicable to the right-hand
curb or edge of the roadway.
B.
Left turns on two-way roadways. At any intersection
where traffic is permitted to move in both directions on each roadway
entering the intersection, an approach for a left turn shall be made
in that portion of the right half of the roadway nearest the centerline
thereof and by passing to the right of such centerline where it enters
the intersection, and after entering the intersection, the left turn
shall be made so as to leave the intersection to the right of the
centerline of the roadway being entered. Whenever practicable, the
left turn shall be made in that portion of the intersection to the
left of the center of the intersection.
C.
Left turns on other than two-way roadways. At any
intersection where traffic is restricted to one direction on one or
more of the roadways, the driver of a vehicle intending to turn left
at any such intersection shall approach the intersection in the extreme
left-hand lane lawfully available to traffic moving in the direction
of travel of such vehicle, and after entering the intersection, the
left turn shall be made so as to leave the intersection, as nearly
as practicable, in the left-hand lane lawfully available to traffic
moving in such direction upon the roadway being entered.
D.
Markers indicating directions. Where the local authorities
have placed markers, buttons or signs within or adjacent to intersections
indicating a different course from that specified in this section
to be traveled by vehicles turning at an intersection, no driver of
a vehicle shall turn a vehicle at an intersection other than as directed
and required by such markers, buttons or signs.
No vehicle shall be turned so as to proceed
in the opposite direction upon any curve or upon the approach to or
near the crest of a grade, where such vehicle cannot be seen by the
driver of any other vehicle approaching from either direction within
five hundred feet.
A.
A signal of intention to turn right or left when required
shall be given continuously during not less than the last one hundred
feet traveled by the vehicle before turning.
B.
No person shall stop or suddenly decrease the speed
of a vehicle without first giving an appropriate signal in the manner
provided herein to the driver of any vehicle immediately to the rear,
when there is opportunity to give such signal.
A.
Any stop or turn signal, when required herein, shall be given either by means of the hand and arm or by a signal lamp or mechanical signal device, except as otherwise provided in subsection B of this section.
B.
Any motor vehicle in use on a street shall be equipped
with, and required signal shall be given by, a signal lamp or mechanical
signal device when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load of
such motor vehicle exceeds twenty-four inches or when the distance
from the center of the top of the steering post to the rear limit
of the body or load thereof exceeds fourteen feet. The latter measurement
shall apply to any single vehicle and to any combination of vehicles.
All signals herein required given by hand and
arm shall be given from the left side of the vehicle in the following
manner, and such signals shall indicate as follows:
A.
The driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehicle which has entered the intersection
from a different highway.
B.
When two vehicles enter an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the right.
[Amended by Ord. No. 99-2]
The driver of a vehicle within an intersection
intending to turn to the left shall yield the right-of-way to any
vehicle approaching from the opposite direction which is within the
intersection or so close thereto as to constitute an immediate hazard.
A.
Preferential right-of-way at an intersection may be
indicated by stop signs or yield signs.
B.
Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by section 12-56, and after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another street or which is approaching so closely on such street as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
C.
The driver of a vehicle approaching a yield sign shall
slow down to a speed reasonable for the existing conditions and shall
yield the right-of-way to any vehicle in the intersection or approaching
on another highway so closely as to constitute an immediate hazard
during the time such driver is moving across or within the intersection;
provided, that if such a driver is involved in a collision with a
pedestrian in a crosswalk or a vehicle in the intersection after driving
past a yield sign without stopping, such collision shall be deemed
prima facie evidence of failure to yield the right-of-way.
The driver of a vehicle about to enter or cross
a street from a private road or driveway shall yield the right-of-way
to all vehicles approaching on such street.
A.
Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals or of a police vehicle
properly and lawfully making use of an audible signal only, the driver
of every other vehicle shall yield the right-of-way and shall immediately
drive to a position parallel to, and as close as possible to, the
right-hand edge or curb of the roadway clear of any intersection and
shall stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police officer.
B.
This section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.
[Amended 3-3-2020 by Ord.
No. 20-03]
Any person who drives any vehicle in wilful or wanton disregard
for the safety of persons or property is guilty of reckless driving
and, upon conviction, may be imprisoned for not more than six months
or fined not more than $750, or both.
The driver of any vehicle other than one on
official business shall not follow any fire apparatus traveling in
response to a fire alarm closer than five hundred feet or drive into
or park such vehicle within the block where fire apparatus has stopped
in answer to a fire alarm.
No vehicle shall be driven over any unprotected
hose of a fire department when laid down on any street or private
driveway to be used at any fire or alarm of fire, without the consent
of the fire department official in command.
[Added by Ord. No. 82-73; amended by Ord. No. 84-23; Ord. No. 89-8; Ord. No. 02-09]
A.
As used in this section:
(1)
Alcohol concentration --
(a)
The number of grams of alcohol per one hundred
milliliters of blood;
(b)
The number of grams of alcohol per two hundred
ten liters of breath; or
(c)
CONTROLLED SUBSTANCE
CONVICTION
DRIVER'S LICENSE
OTHER LAW PROHIBITING DRIVING WHILE UNDER THE INFLUENCE
The number of grams of alcohol per seventy-five
milliliters of urine.
As defined in W.S. 31-7-102(a)(iv);
As defined in W.S. 31-7-102(a)(viii) and includes nonresident
operating privileges as defined in W.S. 31-7-102(a)(xiii);
A statute of another state, the United States or a territory
or district of the United States or an ordinance of a governmental
entity of this or another state or of an Indian tribe which prohibits
driving while under the influence of intoxicating liquor, alcohol,
controlled substances or drugs.
B.
No person shall drive or have actual physical control
of any vehicle within the City of Evanston if the person:
(1)
Has an alcohol concentration of 0.08% or more; or
C.
Upon the trial of any criminal action or proceeding
arising out of acts alleged to have been committed by any person while
driving or being in actual physical control of a vehicle while under
the influence of alcohol, the amount of alcohol in the person's blood
at the time alleged as shown by chemical analysis of the person's
blood, urine, breath, or other bodily substance shall give rise to
the following presumptions:
(1)
If there was at that time an alcohol concentration
of five one-hundredths of one percent or less, it shall be presumed
that the person was not under the influence of alcohol;
(2)
If there was at the time an alcohol concentration
of more than 0.05% and less than 0.08%, that fact shall not give rise
to any presumption that the person was or was not under the influence
of alcohol, but it may be considered with other competent evidence
in determining whether the person was under the influence of alcohol
to a degree which renders him incapable of safely driving a motor
vehicle.
D.
Subsection C of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol, including tests obtained more than three hours after the alleged violation. The fact that any person charged with a violation of subsection B of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under subsection B of this section.
E.
Except as otherwise provided, a person convicted of
violating this section is guilty of a misdemeanor punishable by imprisonment
for not more than six months, a fine of not more than $750, or both.
On a subsequent conviction within 10 years after a conviction for
a violation of this section or other law prohibiting driving while
under the influence, he shall be punished by imprisonment for not
less than seven days nor more than six months and shall not be eligible
for probation or suspension of sentence or release on any other basis
until he has served at least seven days in jail. In addition, the
person may be fined not less than $200 nor more than $750. The judge
may suspend part or all of the discretionary portion of an imprisonment
sentence under this subsection if the defendant agrees to pursue and
completes an alcohol education or treatment program as prescribed
by the judge.
[Amended 5-20-2014 by Ord. No. 14-02]
F.
Any person convicted under this chapter or an ordinance
or state statute which substantially conforms to the provisions of
this section shall, in addition to the penalty imposed, have the driver's
license suspended or revoked pursuant to W.S. 31-7-127 or 31-7-128.
The court shall forward to the department a copy of the record pertaining
to disposition of the arrest or citation.
G.
The court may, upon pronouncement of any jail sentence under subsection E of this section, provide in the sentence that the defendant may be permitted, if he is employed or enrolled in school and can continue his employment or education, to continue such employment or education for not more than the time necessary as certified by his employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to complete his actual hours of employment or education and a reasonable time to travel to and from his place of employment or school.
H.
Any person charged under this chapter shall be prosecuted
under this chapter and not under a reduced charge or dismissed unless
the prosecuting attorney in open court moves or files a statement
to reduce the charge or dismiss, with supporting facts, stating that
there is insufficient evidence to sustain the charge.
I.
Chemical analysis of a person's blood, breath or urine
to determine alcohol concentration or controlled substance content
shall be performed in accordance with W.S. 31-6-105(a).
[Added by Ord. No. 91-21; amended by Ord. No. 99-19]
A.
No person shall drive a motor vehicle on any public road or highway in the City at a time when his driver's license, from the state of Wyoming or any other jurisdiction, or nonresident operating privileges are canceled, suspended or revoked under any law. Except as provided in subsection B of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars, by imprisonment for not more than six months, or both.
B.
A person convicted of a subsequent violation of subsection A of this section for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during a period of cancellation, suspension or revocation arising from a previous conviction of reckless driving under section 12-38 of the City Code, or W.S. 31-5-229 or driving while under the influence under section 12-42 of this Code or W.S. 31-5-233 is guilty of a misdemeanor and shall be imprisoned for not less than seven days nor more than six months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven days in jail. In addition, the person shall be fined not less than two hundred dollars nor more than seven hundred fifty dollars.
C.
Notwithstanding any other provision of this Code,
any person under the age of twenty-one years convicted of being in
control of a vehicle in Wyoming with an alcohol concentration of between
two one-hundredths of one percent and the amount specified in W.S.
31-5-233(b)(i) shall not be punished by imprisonment of at least seven
days in jail as otherwise provided by this section, but shall have
his license administratively suspended for thirty days.
[Added by Ord. 93-5]
A.
No person, unless exempt under Section 31-7-107, W.S.
(1977), as amended, shall drive, steer or exercise any degree of physical
control of any motor vehicle on any public road or highway in the
City of Evanston unless the person has a valid driver's license for
the type or class of vehicle being driven.
B.
No person, unless exempt under Section 31-7-107, W.S.
(1977), as amended, shall drive, steer or exercise any degree of physical
control of a vehicle being towed by a motor vehicle upon any public
road or highway in the City of Evanston unless the person has a valid
driver's license for the type or class of vehicle being towed.
[Added by Ord. 02-08]
A.
ALCOHOL CONCENTRATION
DRIVER'S LICENSE
CONVICTION
As used in this section:
As defined by W.S. 31-7-102(a)(xxv) and includes nonresident
operating privileges as defined by W.S. 31-7-102(a)(xxx);
As defined by W.S. 31-7-102(a)(xi).
B.
A person younger than 21 years of age shall not operate
or be in actual physical control of a vehicle in the City of Evanston
with an alcohol concentration of 0.02% or more.
C.
When a police officer has probable cause to believe that a person may be violating or has violated subsection B of this section, the police officer may request that the person submit to a chemical test or test to be administered in compliance with W.S. 31-6-108. Prosecution for a violation of this section is a bar to prosecution under Section 4-38B of the City Code and W.S. 12-6-101(b).
D.
A person convicted of violating this section shall
be guilty of a misdemeanor punishable by a fine of not more than $750.
A person convicted of violating this section or other similar law
a second time within one year of the first conviction is guilty of
a misdemeanor punishable by imprisonment for not more than one month,
a fine of not more than $750, or both. A person convicted of a third
or subsequent conviction under this section or other similar law within
two years shall be guilty of a misdemeanor punishable by imprisonment
for not more than six months, a fine of not more than $750, or both.
The court may order the person to undergo a substance abuse assessment
and complete any recommended treatment for any conviction under this
section as a condition of probation. Notwithstanding any other provision
of law, the term of probation imposed by a judge under this section
may exceed the maximum term of imprisonment established for the offense
under this subsection provided the term of probation together with
any extension thereof, shall in no case exceed three years.
E.
A person convicted under this section shall in addition to the penalty imposed in subsection D above, have his driver's license denied or suspended pursuant to W.S. 31-7-128(h). The court shall forward a copy of the conviction to the department.
F.
The court may, upon pronouncement of any jail sentence under subsection D of this section, provide in the sentence that the defendant may be permitted, if he/she is employed or enrolled in school and can continue his/her employment or education for not more than the time necessary as certified by his/her employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He/she shall be allowed out of jail only long enough to complete his/her actual hours of employment or education and a reasonable time to travel to and from his/her place of employment or school. Unless the defendant is indigent, the court shall require him/her as a condition of special treatment under this subsection to pay a reasonable amount of room and board as determined by the Uinta County sheriff.
G.
Chemical analysis of a person's blood, breath or urine
to determine alcohol concentration or controlled substance content
shall be performed in accordance with W. S. 31-6-105(a).
[Amended by Ord. No. 91-7]
A.
No person shall drive a vehicle on a highway or street
at a speed greater than is reasonable and prudent under the conditions
and having regard to the actual and potential hazards then existing.
B.
Except when a special hazard exists which requires lower speed for compliance with Subsection A of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on the streets or roadways at a speed in excess of such maximum limits.
(1)
Twenty miles per hour when passing a school building
or the grounds thereof, or a school crossing during school recess,
or while children are going to or leaving school during opening or
closing hours; provided, that the presence of such school building,
grounds thereof or school crossing is indicated plainly by signs or
signals conforming to the provisions hereof.
(2)
Twenty miles per hour within the corporate City limits unless otherwise posted, pursuant to Subsection B(5).
[Amended 10-18-2016 by Ord. No. 16-06]
(3)
The speed limit on all federal and state highways
within the City limits shall be established by the appropriate federal
or state agency.
(4)
The driver of every vehicle shall, consistent with the requirements of subsection A of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5)
Whenever the governing body of the City of Evanston
shall determine, upon the basis of an engineering and traffic investigation,
that any maximum speed hereinbefore set forth is greater or less than
is reasonable or safe under the conditions found to exist at any intersection
or other place or upon any part of the City streets or roads, the
governing body may determine and declare a reasonable and safe maximum
limit thereat which, when appropriate signs giving notice hereof are
erected, shall be effective at all times or during hours of daylight
or darkness or at such other times as may be determined at such intersection
or other place or part of the City streets or roads.
(6)
In all actions tried in the municipal court in which
the establishment of a maximum speed limit is to be proven, the testimony
of a police officer as to the existence of appropriate signs posted
on such street in question shall create a prima facie presumption
that such signs were lawfully posted by the City or its officers and
based on the determination by the governing body of a safe and reasonable
speed as provided in this section.
A.
No person shall drive a motor vehicle at such a slow
speed as to impede the normal and reasonable movement of traffic,
except when reduced speed is necessary for safe operation or in compliance
with law.
B.
Whenever local authorities have determined on the
basis of an engineering and traffic investigation that slow speeds
on any part of a street consistently impede the normal and reasonable
movement of traffic and a minimum speed limit has been established
and signs erected, no person shall drive a vehicle at a speed less
than such minimum speed, except when necessary for safe operation
or in compliance with law.
No person shall operate any motor-driven cycle
at any time from one-half hour after sunset to one-half hour before
sunrise, and at any other time when, due to insufficient light or
unfavorable atmospheric conditions, persons and vehicles on the highway
are not clearly discernible at a distance of five hundred feet, at
a speed greater than thirty-five miles per hour unless such motor-driven
cycle is equipped with a headlamp which is adequate to reveal a person
or vehicle at a distance of three hundred feet ahead.
A.
No person shall engage in any motor vehicle speed
or acceleration contest or exhibition of speed or acceleration on
any City street without approval of such use by the governing body
of such City street. No person shall aid or abet in any such motor
vehicle speed or acceleration contest or exhibition on any City streets,
without approval of such use by the governing body in charge of such
City street.
B.
No person shall, for the purpose of facilitating or
aiding or as an incident to any motor vehicle speed or acceleration
contest upon a City street, in any manner obstruct or place or assist
in placing any barricades or obstruction upon any City street, without
approval of such use by the governing body in charge of such City
street.
[Amended by Ord. No. 03-03]
A.
Every person operating a vehicle on the streets or
highways of the City shall drive the same in a careful and prudent
manner, having regard for the width, grade, curves, corners, traffic
and use of such streets and all other attendant circumstances, so
as not to endanger the limb or property of any person.
B.
Inattentive driving shall be considered a lesser offense
than careless driving and shall be applicable in those circumstances
where the conduct of the operator of the vehicle has been inattentive
in light of the circumstances then existing, rather than careless
or imprudent or in those cases where the danger to persons or property
by the motor vehicle operator's conduct is slight.
[Amended by Ord. No. 84-35]
[Added by Ord. No. 84-16; amended by Ord. No. 84-35]
A.
The driver of any vehicle shall obey the instructions
of any official traffic-control device applicable thereto placed in
accordance with the provisions of this chapter, unless otherwise directed
by a traffic or police officer, subject to the exceptions granted
the driver of an authorized vehicle in this chapter.
B.
In all actions tried in the municipal court in which
the establishment of a traffic-control device is to be proven, the
testimony of a police officer as to the existence of appropriate devices
posted or placed on the street in question shall create a prima facie
presumption that such device was lawfully posted by the City.
