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3734 s~ ORDINANCE NO. [_~', f AN ORDINANCE TO BE ENTITLED "AN ORDINANCE TO PROVIDE FOR THE REGULATION AND CONTROL OF VEHICULAR TRAFFIC UPON THE PUBLIC STREETS, THOROUGHFARES, WITHIN THE CITY OF WEST MEMPHIS, ARKANSAS; TO DEFINE AND PROVIDE FOR THE PROSECUTION AND PUNISHMENT OF OFFENCES IN VIOLATION OF SUCH REGULATIONS, AND FOR OTHER PURPOSES." WHEREAS, it is a matter of common knowledge that the adoption and enforcement of laws regulating the use of vehicles upon the public streets and highways is essential to the proper observation of such laws by the public, and; WHEREAS, there is no existing ordinance in the City of West Memphis, Arkansas to provide for vehicles to stop at intersections where stop signs are located; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I. It shall be a misdemeanor, punishable under the provisions of this ordinance, for any person to wilfully fail or re- fuse to comply with any lawful order or direction of any police offi- cer invested by law with authority to direct, control or •regulate traffic. SECTION II. It shall be unlawful and shall be a misdemeanor for any person to do any act prohibited, or fail to perform any act required under the provisions of this ordinance, and such act or omis- sion shall be punished as hereinafter provided. SECTION III. It shall be the duty of the Chief of Police of the City of West Memphis to determine the installation and maintenance of traffic control signals, markers and devices in conformity with the requirements of the State of Arkansas; to devise remedial measures and to conduct investigations of traffic conditions within the City and to cooperate with other City officials in the ways and means to improve traffic conditions in order to carry out the provisions of this ordinance. A. The Chief of Police is hereby empowered & authorized: 1. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadways, crosswalks, at intersections where, in his opinion, thereis a particular hazard to pedestrians crossing such roadway, and at such other places as he may deem necessary. 2. To establish, mark and maintain safety zones of such kind and nature and at such place or places as he may deem advisable, con- sistent with the provisions of this ordinance. 3. To designate and to mark by appropriate signs or markers, places, areas or districts in which the parking of motor vehicles or other vehicles shall be prohibited at all times; and to designate and mark by appropriate signs or markers, districts or areas in which parking shall be limited to a specified time interval and to fix the hours and days of the week during which such regulations shall be applica- ble to the parking of vehicles in such restricted or limited dis- tricts, as in his opinion may be requisite. 4. To erect signs or markers indicating "NO PARKING" upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous condi- tion. 5. To determine upon what streets or portions thereof "ANGLE PARKING" shall be permitted, and to mark or designate by proper signs or de- vices, such portions where angle parking is permitted. 6. To designate any street or thoroughfare as a"THROUGH STREET" and to require that all vehicles should come to a stop be6re entering or crossing the same, and to designate any intersection as a stop inter- section, and to require all vehicles to come to a stop at one or more -2- entrances to such intersection, and to designate such required stops by ~propriate signs, markers or traffic control devices. 7. To modify or alter any designation made under these provisions, when, in his judgment, such alteration or change is warranted by a change in traffic conditions in the areas or places to which such designations have previously been made applicable. 8. The Chief of Police shall have the authority to designate the lo- cation of stop signs within theCity of West Memphis, Arkansas and such designation or designations shall be filed in the office of the City Clerk of the City of West Memphis, Arkansas, and a copy of such de- signation or designations shall be posted on the bulletin board at the City Hall in West Memphis, Arkansas. Upon the filing and post- ing of said designation or designations, this will constitute notice as to location of stop signs and where vehicles are required to cease movement of a vehicle before resuming movement. B. No zone, parking, lane, stand, stop or other designation ir.. as herein authorized to be made by the Chief of Police shall become effective, nor shall any person be punished under the provisions of this ordinance for a violation of any such designation until and un- less the same shall have been appropriately marked by signs, markers, signals, buttons or other traffic control devices. C. The City Council of the City of West Memphis, Arkansas shall have the authority to require theChi~ of Police to alter, modi- fy, or annul any designation made by him under the provisions of this ordinance by the adoption of a resolution directing the Chief of Police to make such alteration, modification or annulment. SECTION IV. Whenever authorized) signs or markers are erec- ted indicating or requiring a "STOP" for vehicles before entering into any intersection or upon any street, no person shall enter such inter- section or proceed into such street without first bringing the vehicle -3- operated by him to a stop. "STOP" as herein required shall mean a complete cessation of motion of such vehicle. V. It is a misdemeanor for any person, firm or corporation to violate any of the provisions of this ordinance. Every person con- victed of a misdemeanor for a violation of any of the provisions of this ordinance for which another penalty is not provided, shall for the first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100) or by imprisonment for not more than ten (10j days; for a second such conviction within one year thereafter, such person shall be fined by a finernt exceeding Two Hundred Dollars ($200), or by imprisonment not exceeding twenty (20) days, or by both such fine and imprisonment. Upon a third conviction, such person shall be fined by not more than Five Hundred Dol]a~s (5500) nor by imprisonment of not more than six months (6) or both such fine and imprisonment. SECTION VI. The Chief of Police shall be the administrative officer of the City and shall exercise the powers and duties conferred upon him by the provisions of this ordinance relative to traffic regula- tions. It shall be the general duty of the Chief of Police to deter- mine the installation and proper erection and maintenance of traffic control signs, markers, and control devices; to conduct engineering analysis of accidents and to suggest remedial measures; to conduct traffic engineering investigations and traffic conditions and to do all things necessary to properly place in effect the ordinances of the City. SECTION VII. All ordinances or partsof ordinances in con- flict therewith are hereby repealed. The parts of this ordinance shall be deemed separate and severable, and should any section or part thereof be held unconstitutional or void, the remaining unaffec- ted portions and sections hereof shall remain in full force and effect. -4- _ - r SECTION VIII. This ordinance being necessary for the immediate preservation of the public peace, welfare, and safety, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. PASSED this ~_ day of L~ __, 1959. MAYOR ATTEST <'~ ~~~