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TITLE 8
VEHICLES AND TRAFFIC
Chapters:
8.04 Adoption of State Laws
8.08 Track Routes
8.12 Emergency Vehicles
8.16 Non-Operating Vehicles
8.20 Parking
8.24 Transporting of Beer, Wine or Liquor
8.28 Reckless Driving
8.32 Northwest Arkansas Regional Mobility Authority
CHAPTER 8.04
ADOPTION OF STATE LAWS
Sections:
8.04.01
Adoption of state laws
8.04.01 Adoption of state laws The "Uniform Act Regulating Traffic on Highways in
Arkansas," as contained in Title 75 of the Arkansas Statutes, three (3) copies of which are on
file in the office of the Recorder/Treasurer, are hereby adopted as traffic rules and
regulations within and for the city. Any person convicted of a violation of said statutes shall
be deemed guilty of the violation of the ordinances of the city and shall be fined or
imprisoned or both in the manner set out under the state statutes.
CHAPTER 8.08
TRUCK ROUTES
Sections:
8.08.01
8.08.02
8.08.03
Regulated
Definitions
Unlawful operation
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8.08.04
8.08.05
8.08.06
8.08.07
Administration
Presumption created
Special exemption
Penalty
8.08.01 Regulated From and after the effective date hereof, it shall be unlawful for
any person to operate a truck, as defined herein, upon the streets of Lincoln posted in the
manner set forth herein. (Ord. No. 215, Sec. 1)
8.08.02 Definitions
Trucks shall be deemed to mean self-propelled motorized vehicles with a
designated carrying capacity of larger than 3/4 ton.
Person shall be construed to mean any individual, partnership, corporation, trust,
association or any other legal entity capable of contracting and undertaking to execute
certain acts upon its own.
Through as used to describe trucks herein shall be deemed to mean a process by
which a truck moves perpendicularly from one street to another which parallels the first.
(Ord. No. 215, Sec. 2)
8.08.03 Unlawful operation Any person who shall operate or allow to be operated a
truck in violation of the provisions hereof upon the streets where there exists signs as provided
by Section 8.08.04 hereof shall be in violation of this ordinance. (Ord. No. 215, Sec. 3)
8.08.04 Administration
The Street Superintendent of the city of Lincoln is hereby .directed to post
signs declaring "No Through Trucks" or the substantial equivalent thereof, on
those streets of Lincoln deemed to be incapable of supporting through truck
traffic as defined herein.
The Street Superintendent shall have authority to determine which streets
should be so designated.
The signs described in subparagraph (a) hereof shall be sufficiently conspicuous to
alert any reasonable person to the likelihood that the street so posted is not to be
used by through tracks. (Ord. No. 215, Sec. 4)
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8.08.05 Presumption created Any registered owner of a truck, as defined herein, shall
be presumed to have allowed his vehicle to be operated if the vehicle in question is operated
by, occupied by or controlled by an employee or agent of the said registered owner. (Ord.
No. 215, Sec. 5)
8.08.06 Special exception Vehicles owned by the City of Lincoln or owned by
contractors employed under the direct supervision of the City of Lincoln shall be exempt
from the penal sanctions set forth hereinafter. (Ord. No. 215, Sec. 6)
8.08.07 Penalty
Any person found by the Lincoln City Court or any other court of competent jurisdiction
to be in violation of any of the provisions hereof shall be deemed guilty of a misdemeanor and
may be fined in an amount of not less than Twenty-Five Dollars ($25.00) nor more than One
Hundred Dollars ($100.00) for each violation hereof. (Ord. No. 215, Sec. 7)
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CHAPTER 8.12
EMERGENCY VEHICLES
Sections:
8.12.01
8.12.02
8.12.03
8.12.04
8.12.05
8.12.06
Right of way
Following prohibited
Restriction of vehicular traffic
Strict enforcement
Exempt personnel
Penalty
8.12.01 Right of way When any emergency vehicle is on an emergency run, a siren
and/or flashing light shall be operated at all times while said vehicle is in motion. Any such
moving emergency vehicle shall be entitled to and shall receive the right of way over all
pedestrian and vehicle traffic. When the operator of any non emergency vehicle is approached
from any direction by such emergency vehicle, he shall immediately move his vehicle to the
extreme right side of the street, and shall come to a full stop, remaining at such full stop until all
such emergency vehicle movements have passed.
8.12.02 Following prohibited No person except as herein authorized shall follow
any emergency vehicle which is operating its emergency signals.
8.12.03 Restriction of vehicular traffic No vehicular traffic (other than that of authorized
personnel specified herein) shall be permitted within a three (3) block radius of any emergency„
unless such vehicular movement is permitted by order of the fire, police or medical personnel in
charge at the scene of such emergency. Fire, police or other authorized personnel shall have the
specific authority to order all pedestrians and spectators outside said emergency area at any time.
8.12.04 Strict enforcement The provisions hereof shall be strictly enforced; members of
the police department, the auxiliary Police Department, the Fire Department, the Volunteer Fire
Department and all other duly qualified and acting law enforcement officials shall have full and
complete authority to make arrests andior issue summons to violators, and such arrests and/or
summons for any such violation shall be valid and enforceable by court order as in other cases.
8.12.05 Exempt personnel The following personnel when acting in the line of duty
are specifically exempt from the provisions of this chapter:
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All regular and Volunteer Fire Department personnel.
All regular and auxiliary police personnel.
News reporting and photography personnel for public communications media.
Medical, nursing and ambulance personnel.
Law enforcement officers; and other persons specifically authorized by the Mayor,
Police Chief or Fire Chief.
Public utility personnel.
8.12.06 Penalty Any person violating any of the provisions hereinabove shall be
guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than
Twenty-five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars.
CHAPTER 8.16
NON-OPERATING VEHICLES
Sections:
8.16.01
8.16.02
8.16.03
8.16.04
8.16.05
Definitions
Prohibiting non-operating vehicles
Exceptions
Penalty for violation
Violators
8.16.01 Definitions
Non-operating motor vehicles as used in this chapter means motor vehicle
with one or more of the following characteristics:
the engine or motor is inoperative
the wheels all or any one of them are removed
the motor vehicle has flats on two or more tires
major operating components are missing such as: windshield glass, door
glass, fenders, gauges, steering wheel, tie rods, springs, drive train, gear
box, rear end, or any parts connected with the steering geometry of the
motor vehicle, the seats are removed
Any of the major operating components such as those listed in item (a)
(4) above are in such damaged condition so as to make the motor
vehicle useless
The motor vehicle does not have a current Arkansas registration
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Prima facie case: It shall be a prima facie case that a motor vehicle is a nonoperating motor vehicle if it does not have a current Arkansas motor vehicle
inspection sticker demonstrating the motor vehicle has passed a safety
inspection as by law required.
Motor vehicle means a car, automobile, truck, bus, omnibus, tractor truck, or
other vehicle licensed to travel upon the roads of Arkansas, or subject to
licensing for travel or intended as a carrier for goods and persons from point to
point which uses motive power derived from a motor or engine especially an
internal combustion engine, or rotary engine and a wankle.
8.16.02 Prohibiting non-operating vehicles It is unlawful to have a non-operating
motor vehicle.
8.16.03 Exceptions Nothing in this chapter shall be construed so as to apply to:
Any motor vehicle that can be started and moved under its own power on
deman Motorcycles and motor bikes
Antique automobiles, provided the vehicle has an antique license as by
law required.
Temporarily disabled motor vehicles provided they are restored to
runnin, condition within thirty (30) days from date of disablement.
8.16.04 Penalty for violation A violation of this chapter is hereby declared to be a
misdemeanor and punishable by a fine of not less than Ten ($10.00) Dollars nor more than One
Hundred ($100.00) Dollars or by a jail sentence of one (1) to ten (10) days. Each day a nonoperating motor vehicle is upon the premises of a person shall constitute a separate offense.
8.16.05 Violators A person shall be deemed in violation of this chapter if:
Such person owns or has registered to him a non-operating motor vehicle that
is in a prohibited area within the terms of this chapter.
Such person owns property that non-operating motor vehicles are placed, parked
or found resting on in a prohibited area within the terms of this chapter.
It shall he a prima facie case that the record owner is the owner of property
in question.
It shall be a prima facie case that the registered owner of a motor vehicle is
the owner of the motor vehicle.
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CHAPTER 8.20
P R I G
Sections:
8.20.01
8.20:02
8.20.03
8.20.04
8.20.05
8.20.06
8.20.07
Short title
Declaration of policy
Authority to regulate
Special provisions
Administrative procedures
Violations
Penalty
8.20.01 Short title This ordinance shall be known and may be cited as the
Parking Regulation Ordinance. (Ord. No. 195, Sec. 1)
8.20.02 Declaration of policy It is hereby declared to be the policy of the city of Lincoln
that the parking of motor vehicles should be regulated in order to promote and promulgate traffic
safety throughout the city and generally protect the health and welfare of the residents of the city.
From and after the date of passage of this ordinance, the parking of motor vehicles on streets and
alleys in the city of Lincoln shall be allowed only as is provided herein. (Ord. No. 195, Sec. 2)
8.20.03 Authority to regulate The power to regulate and control parking is hereby vested
in the City Council. The City Council may, under the provisions of Section 8.20.05 herein or any
other appropriate means, designate certain areas of streets and alleys where parking will not be
allowed. Such areas shall be designated by the painting of a solid line on the adjacent curb, by
the posting of signs or by any other method which will provide reasonable notice that parking is
disallowed at a location. (Ord. No. 195, Sec. 3)
8.20.04 Special provisions
When parking, each motor vehicle operator shall park on the side of the public
street or alley nearest the traffic lane which was designed to serve motor vehicles
traveling in the direction in which the said motor vehicle operator was traveling.
When parking, each motor vehicle operator, shall park his vehicle within
the space designated by painted lines.
When angle parking, each motor vehicle operator shall park his vehicle in
such a manner as to leave the front wheels closer to the curb than the rear
wheels. Provided, however, that the immediately preceding sentence shall not
apply to vehicles parking in a loading zone. (Ord. No. 195, Sec. 4)
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It shall be unlawful for any person to park any motor vehicle within a
designated and marked fire lane. (Ord. No. 2014-1, Sec. 2.)
8.20.05 Administrative procedures Administrative authority under this ordinance shall
be vested jointly in the Police Chief and the Street Superintendent of the city. Acting in concert,
the Police Chief and Street Superintendent may, from time to time, designate certain areas in
which parking shall not be allowed, and designate other areas in which angle parking, parallel
parking or other means of reasonable parking regulations shall be in force, according to a
general plan approved by resolution of the City Council. (Ord. No. 195, Sec. 5)
8.20.06 Violations Any person who parks any motor vehicle, as defined by the State
Motor Vehicle Code in any manner inconsistent with the provisions of this ordinance shall be
deemed in violation hereof and may be issued a parking citation by any law enforcement officer.
(Ord. No. 195, Sec. 7)
8.20.07 Penalty Any person or persons violating any of the provisions of this
ordinance other than 8.20.04(D) shall be deemed guilty of a violation, and upon conviction
thereof in the applicable court, shall be punished by a fine of not less than One Dollar ($1.00)
and not more than Twenty-Five Dollars ($25.00) for each offense. Any person or persons
.
violating 8.20.04(D), shall be deemed guilty of a violation, and upon conviction in the
applicable court, shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) and
not more than One Hundred Dollars ($100.00) for each offense. In addition, the motor vehicle
unlawfully parked in a designated and marked fire lane in violation of 8.20.04(D) is subject to
being towed upon order by the Lincoln Police Department. Each time any person or persons
shall park any vehicle contrary to any provisions hereof shall constitute a separate offense. (Ord.
No. 2014-1, Sec. 3.)
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CHAPTER 8.24
TRANSPORTING OF BEER, WINE, OR LIQUOR
Sections:
8.24.01
Transportation of open container prohibited
8.24.01 Transportation of open container prohibited From and after the passage of this
ordinance, the city should and does hereby determine that it shall be unlawful for any person to
knowingly transport in any moving vehicle upon a public highway, street or alley any beer, light
wine, or intoxicating liquor as defined in A.C.A. 3-5-202, except in the original container which
shall not have been opened and from which the original cap or seal shall not have been removed,
unless the opened container be in the rear trunk or rear compartment, which shall include the
spare tire compartment in a station wagon or panel truck, or any outside compartment which is
not accessible to the driver or any other person in the vehicle while it is in motion. Any person
violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than Fifty Dollars ($50.00). (Ord. No. 1987-3,
Sec. 1)
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CHAPTER 8.28
RECKLESS DRIVING
Sections:
828.01
8.28.02
8.28.03
8.28.04
Prohibited conduct
Definition
Presumptions
Penalty
8.28.01 Prohibited conduct It shall be unlawful for any person to drive in an inattentive
manner on the streets of the city of Lincoln, Arkansas. (Ord. No. 96-21, Sec. 1.)
8.28.02 Definition The word "inattentive" for purposes of enforcement of this ordinance
shall mean a manner which places in reasonably foreseeable danger of injury any person or
property, including the personal property of the operator of a vehicle who is charged hereunder.
(Ord. No. 96-21, Sec. 2.)
8.28.03 Presumptions The City Council hereby specifically deems and ordains that
the following acts by a driver of any motor vehicle shall establish a presumption of
inattentive driving as defined in Section Two of this ordinance:
The spinning of loose rocks or gravel on any street, highway or alley;
The squealing of tires during the course of acceleration or deceleration on
any street, highway or alley; or
The application of an imprint of tire rubber tracks on any street, alley or
highway. (Ord. No. 96-21, Sec. 3.)
8.28.04 Penalty Any person charged with violating a provision of this ordinance, shall
be brought before the judge of the City Court of Lincoln, Arkansas. Any person convicted of
violating the provisions of this ordinance shall be fined an amount of not less than Twenty-Five
Dollars ($25.00) nor more than One Hundred Dollars ($100.00). (Ord. No. 96-21, Sec. 4.)
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CHAPTER 8.32
NORTHWEST ARKANSAS REGIONAL MOBILITY AUTHORITY
Sections:
8.32.01
8.32.02
8.32.03
Participation
Approved
Authorization
8.32.01 Participation The city of Lincoln's participation in the Northwest Arkansas
Regional Mobility Authority is hereby authorized and approved. (Ord. No. 2008-8, Sec.
8.32.02 Approved The Northwest Arkansas Regional Mobility Authority
Agreement, which is attached hereto, is hereby approved. (Ord. No. 2008-8, Sec. 2.)
8.32.02 Authorization The Mayor is hereby authorized and directed to execute the
document on behalf of the city of Lincoln, and transmit it to participating members of the
Northwest Arkansas Regional Mobility Authority for consideration. (Ord. No. 2008-8, Sec. 3.
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