A. The provisions of this title and other traffic ordinances of the city shall be designated as the Britton Traffic Code, and may be cited as such.

B. The sections of the traffic code are intended to be uniform with the Laws of South Dakota regulating traffic. No provision of this title which is construed by a court of law to be in conflict or at variance with those laws shall be enforceable, unless specific authority is given by the laws for such conflict or variance. (Prior code § 14-1-1)

The following words and phrases when used in this title shall have the meanings respectively ascribed to them in this section.

A. Vehicles.

“Authorized emergency vehicle” means vehicles of the fire department, fire patrol, police vehicles, and ambulances of the city or the county or the state.

“Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels either which is more than twenty (20) inches in diameter.

“Bus” means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed, and used for the transportation of persons for compensation.

“Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

“Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.

“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

“Pole trailer” means every vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured by some pole or structural member to the towing vehicle.

“School bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to and from school.

“Semitrailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

“Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

“Vehicle” means every devise, in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devises moved by human power or used exclusively upon stationary rails or tracks.

B. Streets and Roadway Areas.

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

“Crosswalk” means:

a. That part of a roadway at an intersection included within the connections of the highway measured from the curbs, or in the absence of curbs, from the edges if the traversable roadway;

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

“Intersection” means:

a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

b. Where a street includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two roadways thirty (30) feet or more apart, then every crossing of two roadways of such streets 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.

“Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

“Roadway” means that portion of a street improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two or more separate roadways, the term “roadway” as used in this title shall refer to any such roadway separately but not to all such roadways collectively.

“Safety zone” means the area or space officially set apart within the roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate 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.

“Street or highway” means the entire width between the boundary lines of every street, highway, and related structure as have been, or shall be built and maintained with appropriated funds of the United States and which have been, or shall be, built and maintained with funds of the state of South Dakota, or the city of Britton, or which have been or shall be dedicated to public use or have been acquired by eminent domain.

“Through street” means every street or portion of street at the entrances to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing such through street and when stop signs are erected as provided in this traffic code.

C. Traffic Control Devices.

“Official traffic control devices” means all signs, signals, markings, and devices not inconsistent with this traffic code or erected by authority of the city, the county or state, for the purpose of regulating, warning, or guiding traffic.

“Railroad sign or signal” means any sign, signal, or device erected by authority of the city, county, or state, or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

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

D. Miscellaneous.

“Business district” means the territory contiguous to and including a street when, within six hundred (600) feet along such street, there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the street.

“Double parking” means the standing a vehicle upon a street alongside and parallel of another vehicle which is parked at the curb.

“Driver” means every person who drives or is in actual physical control of a vehicle.

“Owner” means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this traffic code.

“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.

“Pedestrian” means any person afoot.

“Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

“Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is improved with residences or residences and buildings in use for business.

“Right-of-way” means the privilege of the immediate use of the road.

“Stop,” when required, means complete cessation from 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, highway patrol officer, or traffic-control sign or signal.

“Traffic” means pedestrians, ridden, or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. (Prior code § 14-1-2)

It is unlawful for any person to do any act forbidden or fail to perform any act required in this title. (Prior code § 14-1-3)

The sheriff and any deputies are authorized and empowered to direct, control, restrict, and regulate, in the interest of public safety, health, and convenience, the movement of pedestrians, vehicles, and traffic of every kind within the municipality, and may when necessary to protect the safety or welfare of the inhabitants of the city, temporarily divert or exclude all such traffic from any public highway within the city. (Prior code § 14-1-4)

A. No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer or sheriff pertaining to the use of the streets by traffic.

B. Drivers of vehicles must at all times comply with directions given by whistle, voice, or hand by the police officers or sheriff. (Prior code § 14-1-5)

A. The provisions of this title applicable to the drivers of vehicles upon the streets of the city shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, or town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this chapter with reference to authorized emergency vehicles.

B. Unless specifically made applicable, the provisions of this title, except those contained in Chapter 10.24, shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work. (Prior code § 14-1-6)

A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the 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 stated in this section.

B. The driver of an authorized emergency vehicle may:

1. Park or stand, irrespective of the provisions of this title;

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 speed limits so long as he or she does not endanger life or property;

4. Disregard regulations governing direction of movement or turning in specified directions.

C. The exceptions granted in subsection B of this section to an authorized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of this section, 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 or her reckless disregard for the safety of others. (Prior code § 14-1-7)

Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all the duties applicable to the driver of a vehicle by this title, except those provisions which, by their own nature, can have no application. (Prior code § 14-1-8)

Any person violating a provision of this chapter for which another penalty has not been provided for shall, upon conviction of such violation, be punished as set forth in Chapter 1.16. (Prior code § 14-1-9)