N-2 OPERATION OF MOTOR VEHICLES

N-2-1 PLACE OF OPERATION

It is unlawful to drive a motor vehicle in the City or cause entry of a motor vehicle:

A. Upon private property, without the consent of the property owner.

B. Upon public property, except streets, between curbs, alleys, designated driveways, and parking lots.

C. Upon any property that has been barricaded, fenced, or otherwise closed to traffic by private owner or as authorized by the City.

D. Upon any surface which is likely to be damaged by the vehicle due to weight, load distribution, or tire design without permission of the City or owner of the private property.

Source:

Authority: SDCL 9-31-1, 9-31-2

Cross Reference: SDCL 32-5-106, ch. 32-14

N-2-2 EXHIBITION DRIVING

It is unlawful to drive a motor vehicle in the City, or cause a motor vehicle to be operated:

A. In excess of reasonable and prudent speeds where ice, rain, fog, or snow cause speed limits to be unsafe.

B. So that any tire thereof slides, skids, spins, leaves the ground, squeals, or planes on water, unless conditions are so icy that these measures are necessary for travel, or it is necessary to avoid imminent collision due to unlawful or negligent acts of other persons or animals.

C. So that unnecessary noise or smoke is emitted from the vehicle.

D. So that the vehicle approaches within two (2) feet of pedestrians, skaters, skateboarders, or bicyclists.

E. With any person clinging to, seated, or standing upon, or otherwise traveling with but outside the vehicle.

F. In reverse around a corner, for a distance in excess of thirty (30) feet, or at a speed in excess of five (5) miles per hour.

G. With windshield or windows obstructed, obscured, or fractured to a degree that interferes with vision.

H. At a speed greater than twenty-five (25) miles per hour, unless in a speed zone designated by signs specifying other limits, in which case those limits may not be exceeded.

I. With the unnecessary use of “jake brakes” or compression brakes, except in emergency situations.

Source: Ord. 820

Authority: SDCL 9-31-1, 9-31-3

N-2-3 CARELESS DRIVING

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in SDCL 32-24-1, is guilty of careless driving. Careless driving is a Class 2 misdemeanor.

Authority: SDCL 9-31-1, 9-31-3

N-2-4 PREREQUISITES TO OPERATION

It is unlawful to drive or operate a motor vehicle upon any public property within the City unless all of the following conditions are met:

A. The driver or operator has in his possession a valid license or permit to drive issued by an agency of a state or federal government to that person.

B. The motor vehicle is in conformity with all state safety requirements, is in a condition which permits safe operation and, except for farm machinery, mopeds, and road maintenance equipment, is licensed by the state. No unlicensed ATV or snowmobile may be operated along streets or alleyways.

Source:

Authority: 9-31-1

Cross Reference: SDCL 32-20-12; SDCL 32-5-1.2; SDCL 32-20-1

C. Neither seating capacity nor gross vehicle weight specified by the manufacturer for that vehicle are exceeded.

Source:

Authority: SDCL 9-31-1

N-2-5 EMERGING FROM ALLEY, DRIVEWAY

It is unlawful to drive a motor vehicle from an alley, driveway, sidewalk, or any entrance onto a public street, without first bringing the vehicle to a complete stop at the crosswalk or sidewalk crossing.

Source:

Authority: SDCL 9-31-1, 32-25-16

N-2-6 TRAFFIC DIRECTION

It is unlawful for anyone driving or operating a motor vehicle within the City or its jurisdiction to fail to obey any City or State traffic sign, signal, or pavement marking, to cross any barricade lawfully placed in or across a street, or to fail or refuse to obey the direction of a law enforcement or City employee engaged in directing traffic.

Source:

Authority: SDCL 9-31-1

N-2-7 HORNS AND SIRENS

It is unlawful to sound the horn of a motor vehicle unless necessary to avert an imminent collision or traffic accident. No motor vehicle other than law enforcement vehicles, fire trucks, and ambulances may be equipped with or sound sirens or audible emergency signals other than horns.

Source:

Authority: SDCL 9-31-1

Cross Reference: SDCL 32-15-11

N-2-8 REPORT OF ACCIDENT

Any person causing or involved in a collision or other damage by or to a motor vehicle shall immediately note the physical description of the vehicle or vehicles involved, and communicate the circumstances and description of the incident to local law enforcement.

Source:

Authority: SDCL 9-31-1

N-2-9 LEAVING SCENE OF ACCIDENT

No person shall leave the scene of an accident, collision, or other damage by or to a motor vehicle, if that person owns or was operating a motor vehicle involved in the accident, prior to authorization by the investigating officer.

Source:

Authority: SDCL 9-31-1

Cross Reference: SDCL 32-34-3

N-2-10 BEER OR ALCOHOLIC BEVERAGE CONTAINER IN MOTOR VEHICLE

It is unlawful for any person to have a package or any receptacle containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion.

Source:

Authority: SDCL 9-31-1, 9-31-4

Cross Reference: SDCL 35-1-9.1

N-2-11 VIOLATION

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3, 9-31-1

N-2-12 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.