Title 10 – Vehicles and Traffic

 

Chapters:

10.04   General Provisions

10.12   Enforcement of Traffic Code

10.20   Color Code and General Meanings

10.36   One-Way Roadways

10.40   Stopping, Standing and Parking

10.45   Business District Parking

10.76   Load Limits

10.80   Processions and Parades

10.96   Railroads

10.97   Resident Parking

10.98   Violations and Penalty

 

Chapter 10.04 General Provisions

Sections:

10.04.010        Title - Application of code.

10.04.030        Authority of police officers.

 

10.04.010  Title - Application of code  The provisions of this title and other traffic ordinances of the municipality shall be designated as the “Dillon Traffic Code,” and may be cited as such.

The sections of the traffic code are intended to be uniform with the Montana Codes Annotated regulating traffic on the highways of this state.  No provision of this title which is construed by a court of law to be in conflict or at variance with the Montana Codes Annotated shall be enforceable, unless specific authority is given by the Montana Codes Annotated for such conflict or variance. 

The Montana Code Annotated regulating traffic on highways are adopted by the City of Dillon and all such laws are enforceable within the city.

 

10.04.030  Authority of police officers  The Chief of Police and any policemen 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 municipality, temporarily divert or exclude all such traffic from any public highway within the municipality.

 

Chapter 10.12 Enforcement of Traffic Code

Sections:

10.12.030  Notice on illegally parked vehicles.

10.12.100  Unlawful parking.

 

10.12.030  Notice on illegally parked vehicles  Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this traffic code or other ordinance of the municipality or by state law, the officer finding such vehicle shall take its registration number and may identify its user, and shall conspicuously affix to such vehicle a notice in writing for the driver to answer to the charge against him within a specified time at least forty-eight hours later, during the hours and at a place specified in the notice.

 

10.12.100  Unlawful parking  It is hereby unlawful for any person to park in the City of Dillon on the following streets at the following times and days of the week:

            A.        There will be no parking on Mondays from 5:00 A.M. to 8:00 A.M. on Montana Street from Helena to Reeder Streets; Idaho Street from Helena to Bannack Streets; Bannack Street from Montana to Washington Streets; Center Street from Montana to Washington Streets.

            B.        There will be no parking on Fridays from 5:00 A.M. to 8:00 A.M. on Washington Street from Helena to Reeder Streets; Idaho Street from Bannack to Reeder Streets; Sebree Street from Montana to Washington Streets; Glendale Street from Montana to Washington Streets.

 

Chapter 10.20 Color Code and General Meanings

Sections:

10.20.010        Color Codes and General Meanings.

 

10.20.010  Color Codes and General Meanings  The City of Dillon establishes the following color code and general meanings for conveying traffic control information.  The colors for pavement markings shall conform to the color standards as follows:

A.        Yellow - General warning, limited time parking;

B.        Red - Stop or prohibition, no parking at any time;

C.        Blue - Motorist services guidance, handicapped parking;

D.        Green - Indicated movements permitted, direction guidance;

E.         Brown - Recreational and cultural interest guidance;

F.         Orange - Construction and maintenance warning;

G.        Black - Regulation;

H.        White - Regulation.

 

Chapter 10.36 One-Way Roadways

Sections:

10.36.030        Streets designated.

 

10.36.030  Streets designated  The following streets, and parts of streets, are designated as and to be one-way streets in the direction indicated:

A.        Court Street, from east to west;

            B.        Tendoy Street, from west to east;

            C.        Spruce Street; from Thomsen Avenue south to the intersection of Spruce Street with Center Street;

            D.        Spruce Street, from Thomsen Avenue north to the intersection of Spruce Street with Kentucky Street.

 

Chapter 10.40 Stopping, Standing and Parking

Sections:

10.40.100        Parking in alleys.

10.40.115        Parking commercial vehicles in residential zones A and B prohibited.

10.40.130        Designation of passenger and curb loading zones.

10.40.200        Parking for certain purposes prohibited.

10.40.210        Unlawful to park or travel in city park.

 

10.40.100  Parking in alleys  

            A.        No person shall stop, stand or park any vehicle, whether occupied or not, within any alley in the central business district at any time otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 

            B.        No person shall stop, stand or park any vehicle, whether occupied or not, within any alley in the municipality other than in the business district in such a manner as to prevent the free movement of vehicular traffic or in such a position as to block the driving entrance to any abutting property, except when engaged in loading or unloading. 

            C.        No person shall stop, stand or park any vehicle, whether occupied or not, within any alley in the municipality other than in the business district for longer than forty-eight consecutive hours.

 

10.40.115  Parking commercial vehicles in residential zones A and B prohibited  It is unlawful for any owner or operator of a commercial vehicle of a two (2) ton load rated capacity or over to be parked overnight on the city streets in a residential zone A or B area in the City of Dillon.

 

10.40.130  Designation of passenger and curb loading zones  The Director of Operations shall have the authority to determine the location of passenger zones and loading zones and shall cause to be erected and maintained appropriate signs indicating the same.

 

10.40.200  Parking for certain purposes prohibited  No person shall park a vehicle upon any street, roadway or public parking lot for the principal purpose of:

A.        Displaying such vehicle for sale;

B.        Displaying advertising;

            C.        Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency;

D.        Selling merchandise or tickets, or soliciting subscriptions. 

 

10.40.210  Unlawful to park or travel in city park  It shall be unlawful for any vehicle to park or travel in a city park of the City of Dillon except for authorized vehicles belonging to the City of Dillon.

If any unauthorized vehicle has to travel into a city park for a reasonable time, a permit to do so may be obtained from the Director of Operations who shall notify of the Chief of Police of the issued permit.

 

Chapter 10.45 Business District Parking

Sections:

10.45.010  Definitions.

10.45.020  Illegal parking.

10.45.030  Towing.

 

10.45.010  Definitions  As used in this chapter, the following words shall be defined as follows:

            A.        “Individual parking space” means a portion of the surface of the street or highway of sufficient length and depth from the sidewalk curb, as delineated by white lines, to accommodate the parking of a vehicle.

            B.        “Parking” means the standing of a vehicle upon a highway or street, whether such vehicle is occupied or not, and whether such vehicle is accompanied or not by an operator thereof.

            C.        “Vehicle” means any device in, upon, or by which any person or persons or property is or may be transported upon a public highway or street, except such as are used exclusively upon stationary tracks or rails.

            D.        “Business district” means the central business district zone of the City of Dillon.

 

10.45.020  Illegal parking  Where individual parking spaces are designated by the City of Dillon, it shall be unlawful for any person to park a vehicle except in an individual parking space.  It shall be unlawful for any person to park a vehicle within the business district of the City of Dillon in one individual parking space for more than twenty-four hours continuously.

 

10.45.030  Towing  Under such guidelines as may be established by the Chief of Police, the police officers of the City of Dillon may impound or order towed away any vehicle parked illegally as defined within this chapter.  Any person desiring to redeem such impounded or towed-away vehicle shall first pay the reasonable costs of removal and storage of such vehicle, together with such fine or fines as may be imposed by the City Court Judge for the violation or violations for such vehicle was impounded.

 

Chapter 10.76 Load Limits

Sections:

10.76.010        Definitions.

10.76.020        Limited load zone.

10.76.030        Limited load zone—Restriction.

10.76.040        Authority to lower weight limits.

10.76.050        Special permits to exceed weight limits.

10.76.060        Exemption to weight limits.

 

10.76.010  Definitions  For the purpose of this chapter, the following words and phrases shall have the meanings given them in this section.

            A.        Vehicle.  Vehicle means every device in, upon, or by which any person or property may be transported or drawn upon a street in the City of Dillon.

            B.        Gross Vehicle Weight.  Gross Vehicle Weight means the actual weight of the vehicle or vehicle combination as loaded at the time of travel over any street in the City of Dillon.

 

10.76.020  Limited load zone.  A limited load zone is established wherein the weights of vehicles or vehicle combinations traveling upon the streets within the City of Dillon is limited to a gross vehicle weight of twenty four thousand (24,000) pounds.  The limited load zone shall consist of all streets or portions of streets within the City of Dillon, except the following streets shall have the load limits allowed in Section 61-10-107 MCA.

 

A.        Montana Street in its entirety.

B.        Railroad Avenue in its entirety.

C.        Atlantic Street in its entirety.

D.        Idaho Street from Reeder Street to Montana Street.

E.         Washington Street from Reeder Street to Franklin Street.

F.         Reeder Street from Atlantic Street to West Park Street.

G.        West Park Street from Reeder Street west to city limits.

H.        Pacific Street from Reeder Street to Virginia Street.

I.          Sebree Street from Atlantic Street to Montana Street.

J.          Glendale Street from Atlantic Street to Montana Street.

K.        Bannack Street from Pacific Street to Railroad Street.

L.         Center Street from Oregon Street to Montana Street.

M.        Helena Street from Atlantic Street to Railroad Street.

N.        Virginia Street in its entirety.

O.        Oregon Street from Center Street to Sacajawea Drive.

P.         Sacajawea Drive from Oregon Street to Cottom Drive.

Q.        Utah Street from Center Street to Sacajawea Drive.

R.        Cottom Drive from Sacajawea Drive to Vigilante Drive.

S.         Clark Street from Atlantic Street West to its conclusion.

T.         Dillon Street from Atlantic Street West to conclusion.

U.        North Street from Montana Street to Washington Street.

V.        Cornell Street from Atlantic Street to its conclusion.

W.       Poindexter Street from Atlantic Street to its conclusion. 

X.        Ramshorn Street from Montana Street to Legget Street.

 

10.76.030  Limited load zone—Restriction  It is unlawful for any person to drive a vehicle or vehicle combination having a gross weight in excess of twenty four thousand pounds upon the streets located within said limited load zone; provided that special permits may be issued for the travel of vehicles or vehicle combinations having a gross vehicle weight in excess of twenty four thousand pounds within said limited load zone as provided in this chapter.

 

10.76.040  Authority to lower weight limits  The Director of Operations shall have the authority to establish lower gross vehicle weight limits than established by this chapter at any time when, in the opinion of the Director of Operations, damage and injury to said streets within the limited load zone will result from travel thereon of vehicles having a gross vehicle weight of twenty four thousand pounds or less. 

 

10.76.050  Special permits to exceed limits  The Director of Operations of the City of Dillon is authorized, upon written application upon a form to be provided by the City of Dillon, to grant special permits for vehicles or vehicle combinations having gross vehicle weights in excess of twenty four thousand pounds to travel upon restricted routes within, or access, the limited load area when such travel is necessary for the delivery of products to a consumer or place of business; provided, however, that no such permit shall be issued by the Director of Operations in any case in which said Director of Operations has determined that such travel by said vehicles or vehicle combination having an excess weight will cause injury to the streets within the limited load area.  A permit may be issued for a single trip or on an annual basis.  A single trip permit will be valid for a forty eight hour period.  An annual permit will be valid through the end of the year in which it is issued, expiring on December 31.  The cost of said permit will be $20.00 per vehicle per year or $5.00 per vehicle per single trip.  The original permit must be carried in the vehicle at all times while upon a restricted route, within said limited load zone.  The permit must be exhibited for inspection on request of any City of Dillon police officer.

 

10.76.060  Exemptions  The provisions of this chapter do not apply to:

A.        School bus operations.

            B.        Transportation performed by the federal government, state government, county government, or city government.

C.        The operation of fire trucks and rescue vehicles.

D.        Privately owned recreational vehicles.

 

Chapter 10.80 Processions and Parades

Sections:

10.80.010        Permits for processions.

10.80.050        Parade and procession routes.

 

10.80.010  Permits for processions  With the exception of funeral processions and parades of the armed forces of the United States or the military forces of this state, no procession or parade shall be conducted on the streets and thoroughfares of the municipality unless  permitted by the Chief of Police.  The persons or groups to whom such permits are issued shall only occupy, march or proceed along any street in accordance with the terms of the permit and such regulations as are set forth in this chapter which may be applicable.

 

10.80.050  Parade and procession routes  The Chief of Police is empowered to designate routes for parades and other processions on the public highways and to police the same, and to adopt and enforce such measures as, in his judgment, are necessary to keep the highway to be traveled upon free from obstruction.  The provisions of this section shall not be construed to permit any parade or procession to interfere with the governmental functions of the fire and police departments.

 

Chapter 10.96 Railroads

Sections:

10.96.070        Lights at crossings.

10.96.080        Speed laws within city limits.

10.96.110        Jumping on and off of moving trains unlawful-Penalty for violation.

 

10.96.070  Lights at crossings  It shall be the duty of all railways, railroads and all persons and corporations operating railways and railroads within or passing through the City of Dillon, Montana, to light such railway or railroad where the railway and railroad crosses the streets known as Bannack Street and Helena Street, within the said city, in the manner hereafter provided: by placing at a point within fifteen feet of the point of intersection, upon a pole at a uniform mounting height of not less than twenty-five feet, an electric light of not less than six thousand lumens in glass enclosed luminaries.  Said lights shall be maintained at the expense of the railway company or the person or corporation operating the same, and the said lights shall be turned on at dusk and turned off at dawn of each day.

 

10.96.080  Speed laws within city limits  It is unlawful for any street car, railway car, locomotive or engine run upon a track to be run or driven within the limits of the City of Dillon at any greater rate of speed than ten miles per hour.  It is unlawful for any carriage or any vehicle other than a motor vehicle to be driven or run within the limits of the City of Dillon at a greater rate of speed than ten miles per hour; and it is unlawful for any horse or other animal to be ridden or driven within the limits of the City of Dillon at a greater rate of speed than ten miler per hour.  Anyone violating the provision of this section shall be fined as provided in Section 10.96.100.

 

10.96.110  Jumping on and off of moving trains unlawful - Penalty  It is unlawful for any person or persons to get on or off a moving train, or to hang on or swing on a moving train within the city limits; provided, however, that this shall not apply to the trainmen operating such moving trains, or to any person or persons who are passengers on such train by permission of the railway company operating such train.

 

Chapter 10.97 Resident Parking

Sections:

10.97.010        Procedure for establishment of residential parking

10.97.020        Limitations on parking in residential parking area

10.97.030        Residential parking permit application procedure

10.97.040        Residential parking permit form and issuance

10.97.050        Lawful display of residential parking permit requirement

10.97.060        Repealer

10.97.070        Severability

 

10.97.010  Procedure for establishment of a residential on-street parking permit regulation program

            A.  Pursuant to the powers granted to local governments, pursuant to Montana State law, to regulate the parking of vehicles on public streets, the use of public streets and traffic upon public streets, the City may create, pursuant to resolution, a designated area or areas of the City to be identified as residential parking permit areas during specified times of the day and week if the City Council finds that the residential area under consideration for such a designation is:

1.         predominantly residential in character;

            2.         an area the streets of which are regularly congested with vehicles parked by persons not residing in the area and finds that the creation of a residential parking permit area in the residential area under consideration would further one or more of the following objectives:

a)         promoting tranquility among residents;

b)         reducing noise;

c)         reducing traffic hazards; or

d)         reducing litter;

            3.         an area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area.

            B.        Any resolution designating an area or areas of the City as a residential permit parking area shall describe:

            1.         the designated public street area along which parking will be limited to vehicles registered to or controlled and exclusively used by persons residing in the area;

            2.         hours of each day and days of each week that the residential parking permit regulations shall be in effect;

            3.         the individuals eligible to obtain a permit;

            4.         effective dates of annual permits;

            5.         any special provisions or exceptions applicable to schools, churches, businesses, public park use, etc. within the residential area; and

            6.         Special gathering provisions for the residents in the designated residential areas.

            C.        Upon adoption of any resolution by the City designating an area for residential permit parking only, signs shall be erected along the streets identified in the ordinance prior to any enforcement of the residential parking permit regulation.  The parking signs shall give notice of the nature of the parking limitation and shall indicate the hours and days when such parking limitations shall be in effect.

 

10.097.020 Limitations on parking in a residential parking permit area  

            A.        It shall be unlawful for any person to park a vehicle on any street designated as residential permit parking during the hours and on the days set forth in a resolution adopted by the City, except in the following circumstances:

            1.         Those vehicles displaying a valid residential parking permit or a temporary visitor’s permit for the area; or

            2.         An emergency vehicle, including, but not limited to, an ambulance, fire engine or police vehicle; or

            3.         A clearly marked business vehicle which is under the control of a person providing service to persons or property located in the designated residential permit only parking area, including, but not limited to, a delivery vehicle; or

            4.         When prior notification and arrangements are made with the police department.

 

10.097.030 Residential parking permit application procedure           Applications for residential parking permits shall be submitted to the City on a prescribed form and shall be accompanied by proof in a form satisfactory to the City of the applicant’s place of residence within the residential parking permit only area, as well as proof of registration of use and control of each vehicle for which a residential parking permit is sought.  Each application for a parking permit shall be accompanied by the appropriate fee as determined by a resolution of the city council.

 

10.97.040 Residential parking permit form and issuance

            A.        Upon approval by the City of the application of any person residing in a residential parking permit only area, a residential parking permit shall be issued for each vehicle receiving approval.  Upon approval by the City of the application of any person residing in a residential parking permit only area for temporary visitor’s permits, such permits shall be issued by the City.

            B.        Each residential parking permit issued by the City for a vehicle shall set forth at least a date of issuance and the license number of the vehicle for which it is issued.  Each temporary visitor’s permit issued by the City shall set forth at least the date of issuance and the address of the resident to which it is issued.  Annual permits shall be required.  A permit shall be valid for no longer than the permit year of issuance and is not transferable.  The issuance of a residential parking permit does not serve as a guarantee that there will always be a parking space available for the permit holder on the public streets within the designated residential parking permit area.

 

10.97.050 Lawful display of residential parking permits required

            A.        Residential parking permits and temporary visitor’s permits shall be displayed on a vehicle in the place and in the manner prescribed by the City.  It is unlawful to either fail to display or improperly display a residential parking permit.

            B.        It shall be unlawful for the holder of a residential parking permit to fail to surrender it when directed to do so.

            C.        It shall be unlawful for any person to represent in any fashion that a vehicle is entitled to a residential parking permit authorized by Section 10.97.040 when it is not so entitled.  The display of a residential parking permit on a vehicle not entitled to such a permit shall constitute such a representation.

            D.        It shall be unlawful for any person to duplicate, by any means, a parking permit authorized by Section 10.097.040.  It shall also be unlawful for any person to display on any vehicle such a duplicate parking permit.

 

10.97.060 Repealer  All resolutions, ordinances, and sections of the Dillon Municipal Code inconsistent herewith are hereby repealed.

 

10.97.070  Severability  If any provisions of this ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision, and, to this end the provisions of this ordinance are declared to be severable.

 

Chapter 10.98 Violations and Penalty

Sections:

10.98.100  Penalty

 

10.98.100  Penalty  Any person who violates any provision of this title is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by a sentence of not more than six months in the county jail or both.