584377.
ORDINANCE NO. 98'
AN ORDINANCE PROVIDING FOR THE ADMINISTRATION AND ENFORCEMT
OF THE REGULATIONS GOVERNING TRAFFIC UPON THE PUBLIC STREETS
OF THE CITY OF LITTLE ROCK AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE
ROCK, ARKANSAS:
Section 1. Words And Phrases Defined. The following words
and phrases when used in this ordinance or any traffic ordinance of
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this city shall have the meanings respectively ascribed to them in
this section:
(a) Traffic Authority shall mean the Traffic
Commissioner.
(b) Traffic Division shall mean the Traffic Division .1
of the Police Department of this City.
(c) Police Department shall mean the Traffic Division i
but shall not be construed to deprive any
authorized police officer of authority to direct
traffic and to make arrests for violation of the
traffic regulations,,
Section 2, (a) Whenever words and phrases used herein are
not defined herein but are defined in any traffic ordinance of this
city, such definitions shall be deemed to apply to such words and
phrases used herein.
(b) Whenever any words and phrases used herein
are not defined in any ordinances of this city but are defined to the
State Vehicle Laws, such definitions shall be deemed to apply to such
words and - phrases used herein.
Section 3e Police Administration. (a) There is heraby
established in the P61iee Department of this city a Traffic Divi -1
to be under the control of'the Traffic Commissioner, The Traffic
Division shall include the following bureaus:
(1) Accident Prevention Bureau. To investigate
accidents, to obtain and make comprehensive reports of same, to
analyse accident reports of all accidents occuring within the city.
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(2) Traffic Viola oiou Bureau.
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To be set up under the
direction of Municipal Judge, to handle all clerical work pertaining
to violator's records; to accept fines for such offenses as may be
designated; and to maintain full records of every case and the dis-
position thereof*
(3) Traffic Violation Enforcement Bureau. To enforce traffic'
regulations; to make arrests for violations of same, and generally to
carry out the traffic ordinances of the city•
(4) Traffic Engineering Bureau. Under immediate supervision
of the Traffic Commissioner. To check location of traffic control
devices, place and remove same as investigations made may indicate,
study high accident locations, and generally to perform such functions
as will expedite the movement of traffic with safety.
(5) Safety Educational Bureau. To keep the public advised,
to promote traffic safety education, both within and without the Police
Department. To issue periodic reports of accidents, arrests, and
enforcement activities.
(b) It shall be the duty of the Traffic Division with
such aid as may be rendered by other members of the police department,
to enforce the street traffic regulations of this city, to make arrests
for traffic violations, to investigate accidents and make a com-
prehensive report of same, and to cooperate with the City Traffic
Commissioner and other officers of the city in the administration of
the traffic laws and in developing ways and means to improve traffic
conditions, and to carry out these duties specially imposed upon skid
division by this ordinance and the traffic ordinances of this city.
Section 4. Personnel of Traffic Division.
(a) Traffic Commissioner. The Traffic Commissioner
in the table of organization of the Police Department, shall have and
possess a rank of Lieutenant of Police and his salary shall be that of
Lieutenant of Police of the City of Little Rock. The said Traffic
Commissioner shall thereafter be subject to and possess all of the
rights granted by the Civil Service Laws of the State of Arkansas and
the ordinances of the City of Little Rock, and in case of resignation
from the office of Traffic Commissioner under charges which do not
disqualify him from further service in the Police Department, he shall
revert to the status of Lieutenant of Police. He shall be appointed
by and be directly responsible to the Chief of Mice. It shall be
his euty to direct the general functions of the Traffic Division and
shall also perform the duties of a traffic engineer in these functions
and respects hereinafter indicated.
(b) Sergeant of Police (one), who shall be in charge of
the Office, keeping all records of violations bureau and operating
Traffic Violations Bureau for certain violations, and maintaining all
reports and records in good order.
(c) Sergeant of Police (one), who xhal l assist the
Traffic Commissioner in making traffic surveys, analysing accident
reports, conduct traffic officers training school, etc.
(d) Traffic Officers. As many as the Chief of Police
shall deem necessary and shall detail to the Traffic Division to
investigate accidents, to patrol the streets, and generally to make
effective the traffic laws of the city.
Section 5. Duties of Traffic Division. It shall be the duty
of the Traffic Division and other police officers of this city to
effectuate the functions of the respective bureaus described in Section
3 hereof, and to enforce all street traffic laws of this city and all
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of the state vehicle laws applicable tp street traffic in this city.
Officers of said division are hereby authorized to direct all traffic
in conformance with traffic laws, provided that, in the event of a fire
or other emergency or to expedite traffic or safeguard pedestrians, '
officers of the police or fire department may direct traffic as
conditions may require notwithst�.nding the provisions of the traffic laws,
Section 6, Proceedure Upon Arrest.
(a) Except when authorized or directed under state law
to immediately take a person arrested for a violation of any of the
traffic laws before a magistrate, any police officer, upon making an
arrest for violation of the state traffic laws or traffic ordinances
of this city, shall take the violator's name, address, operators license
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number, and the registration number of the motor vehicle involved, and
issue to him in writing on a form provided by the Traffic violations
Bureau, a notice to answer to the charge against him, at a time to be
stated by the arresting officer in his notice, not more than five
days after the date of the arrest, and at a place specified in the
notice. The officer shall thereupon, and upon giving by the violater
of his written promise to answer as specified in the notice, release
him from custody. The arresting officer shall deliver one copy of such
notice to the Traffic violations Bureau.
(b) Whenever any motor vehicle without driver is found
parked or stopped in violation of any of the restrictions imposed
by ordinances of this city or by state law, the officer finding suet
vehicle shall take the registration number and may take any other`
information displayed on the vehicle which may identify its user and
shall conspicuously affix to such vehicle a notice in writing on a
form provided by the Traffic violations Bureau, for the driver to
answer to the charge against him at a time to be stated by the arresting
officer in his notice, not more than five days after the date of the
arrest and at a place specified in the notice. The officer shall deliver'
one copy of such notice to the Traffic violations Bureau.
Section 7. Records of Traffic violations.
(a) The Traffic Division shall keep a record of all
violations of the traffic ordinances of this city or of the state
vehicle act of which any person has been charged, together with a
record of the final disposition of all such alleged offenses. Such
record shall be so maintained as to show all types of violations and
the total of each. Said record shall accumulate until a five year
period is covered, and from that time on the record shall be maintained
complete for the most recent five year period.
(b) Such division shall maintain a suitable system
of filing traffic accident reports. Accident reports or cards
refering to them shall be filed alphabetically according to the names
of the operators of the involved cars and by location.
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(e) Whenever the accidents at any particular location
become numerous, said division shall cooperate with the traffic
commissioner in conducting studies of such accidents and determining
remedial measures.
(d) Said division shall receive and properly file all accident,
reports made of it under state law or under any ordinance of this city,
but all such accident reports shall be for the confidential use of the
police department and the traffic commissioner, and no such report
shall be admissable in any civil or criminal proceeding other than
upon request of any person making such report or upon the request of
the Court having jurisdiction to prove a compliance with the laws
requiring the making of any such report.
Section 8, Traffic Division To Seep amd Use A Driver File.
(a) The Traffic Division shall maintain a suitable record
of all traffic accidents, warnings, arrests, convictions, and complaints,'
in which the same shall be filed alphabetically under the name of the
driver concerned.
(b) Said division shall study the cases of all the drivers
charged with frequent or serious violations of the traffic laws or
frequently involved in traffic accidents or any serious accident, and
shall attempt to discover the reason therefore, and shall take whatever
steps are lawful and reasonable to prevent the same or have the license
of such persons suspended or revoked.
(e) Such records shall accumulate until a five year period
is covered and thereafter such records shallbe maintained complete for
the most recent five year period.
Section 9, Traffic Divison To Submit Annual Traffic qty Report.
The Traffic Division shall annually prepare a traffic report to contain
information on traffic matters in this city as follows:
(a) The number of traffic accidents, the number of persons
killed or injured and other pertinent traffic accident
date;
(b) The number of traffic accidents investigated, the
number of drivers with bad records interrogated and
and other pertinent data on the safety activities
of the police.
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(c) The plans and recommendations of the division for
future traffic safety activities.
Section 10. Traffic Division to Designate Pennants For Funeral
Processions, The Traffic Division shall designate a type of pennant
to be displayed upon and to identify the vehicles in funeral processions.
Section 11• Duties Of Traffic Commissioner.
(a) It shall be the duty of the Traffic Commissioner to
direct the general functioning of the Traffic Division; to determine
the installation, proper timing and maintenance of traffic control
devices; to conduct engineering analysis of accidents and to devise
and put into effect, so far as the powers herein confered upon him
permit, remedial measures; to conduct engineering investigation of
traffic conditions, and to cooperate with other city officials in the
development of ways and means to improve traffic conditions and
generally to make effective the traffic ordinances of this city and
state. In performing discretionary functions under the provisions of
this ordinance, the Traffic Commissioner shall make proper investigations
and study all available facts and circumstances and determine that the
exercise of such functions shall expedite traffic and /or increase
traffic safety.
(b) All traffic control devices shall conform to the
manual and specifications approved by the State Highway Commission.
All traffic control devices so erected and not inconsistent with the
provision of state laws or this ordinance shall be official traffic
control devices.
Section 12. The Traffic Commissioner To Designate Crosswalks,
Establish Safety Zones, and Mark Traffic Lanes. The Traffic
Commissioner is hereby authorized:
(a) To designate and maintain, by appropriate devices,
marks, or lines upon the surface of the roadway, crosswalks at inter-
sections where in his opinion there is particular danger to pedestrians
crossing the roadway, and at such other places as he may deem necessary;
(b) To establish safety zones of such kind and character
and at such places as he may deem necessary for the protection of
pedestrians.
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(c) To mark lanes for traffic on street pavements at
such places as he may deem advisable, consistent with the traffic
ordinances of this city.
Section 13. Traffic Commissioner To Nark No Left Turns and
Place Markers Indicating Method of
(a) The Traffic Commissioner is hereby authorized
to determine those intersections at which drivers of vehicles
shall not make a left, right or U turn, and shall place proper
signs at such intersections.
(b) The Traffic Commissioner is authorized to place
markers, buttons, or signs within or adjacent to an intersection
indicating the course to be traveled by vehicles, turning at such
intersection.
Section 14. Zones of Quiet and Play Streets. The Traffic
Commissioner shall have authority as provided inthis section:
(a) Temporarily to establish a zone of quiet upon any
street where a person is seriously ill if requested so to do by
the written statement of at least one registered physician certify-
ing as to its necessity. Said temporary zone of quiet shall
embrace all territory within a radius of 200 feet of the building
occupied by the person named in the request of said physician.
Said temporary zone of quiet and any other zone of quiet declared
by any ordinance of this city shall be designated by the Traffic
Commissioner by placing at conspicuous place in the street a sign
or marking bearing the words: "Quiet Zone ".
(b) To declare any street or part thereof ,a "play
street" and to place appropriate signs or devices in the roadway
indicating and helping to protect the same.
Section 15. Loading Zones.
(a) The Traffic Commissioner is hereby authorized to
determine the location of passenger zones and freight loading
zones and shall place appropriate signs indicating the same and
stating the hours during which the provisions of this section are
applicable, except for street cars and busses operating as such
on schedule and where zones are fixed by ordinance.
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(b) Whenever the Traffic Commissioner shall be by any
person requested to establish a special loading zone, he shall,
before designating or signing any such zone, require that such
person make written application for a permit for such zone and
for two signs to indicate the ends thereof and shall also require
the applicant to pay to him, and shall deposit in the City
Treasury, a fee of Five Dollars ($5.00), Such fee shall be a
license fee for the current fiscal year or for
portion of such current fiscal year. A fee of
be collected and paid from each such applicant
year of fraction of a fiscal year during which
shall continue in existence and effect. The
may by general regulations impose reasonable ci
the unexpired
like amount shall
for each fiscal
such zone and permit
Traffic Commissioner
)editions upon the;
,use of such zones and signs and for the reimbursement of the
city for the value of such signs in the event of loss, damage or
upon the expiration of the permit, non - return. Every such permit
shall be deemed to expire at the end of each fiscal year. The fee
for renewal thereof shall be payable at the beginning of each
fiscal year,
(c) Within thirty (30) days after the effective date
of this ordinance, the Traffic Commissioner shall remove any signs
indicating a passenger zone or loading zone heretofore placed upon
special request of any person unless prior to the expiration of
said time such person shall apply for and obtain a permit upon
payment of the proper fee for such signs as provided in this
section*
Section 16, Traffic Commissioner To Designate public Carrier
Stands. The Traffic Commissioner is hereby authorized and
required to establish bus stops and taxi cab stands and stands for
other passenger common carrier motor vehicles, except busses or
street cars operating on schedule where such stops are fixed by
ordinance, on such public streets in such places and in such manner
as he shall determine to be of the greatest benefit and convenience
to the public, and every such bus stop, taxi stand or other staff,.
shall be designated by appropriate signs.
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Section 17. Traffic Qommissioner To Determine Certain
Parking Limitations.
(a) The Traffic Commissioner is hereby authorized
to erect signs 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 situation.
(b) The Traffic Commissioner shall determine upon
what streets angle parking shall be permitted and shall mark or
sign such streets.
(c) The Traffic Commissioner is hereby authorized
to erect signs indicating no parking upon any street when the
width of the roadway does not exceed 20 feet or upon one side of
the street as indicated by such signs when the width of the
roadway does not exceed 30 feet.
(d) The Traffic Commissioner is hereby ahthorized
to determine and designate by proper signs or markings distances
not to exceed one hundred (100) feet at places where the stopping
or parking of vehicles would create an especially hazardous
condition or would cause unusual delay to traffic.
Section 18. The Traffic Commissioner To Erect Signs or
Markers On Through Highways And To Determikne and Post "Stop"
and "Reduced Speed" Intersections.
(a) Whenever any ordinance of this city desig-
nates and describes a through street, it shall be the duty of the
Traffic Commissioner to place and maintain a stop sign or marker
on each and every street intersecting such through street or that
portion thereof described and designated as such by any ordinance
of this city.
(b) The Traffic- Commissioner is hereby authorized
to determine and designate intersections where particular hazard
exists upon ether than through streets, and to determine whether
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vehicles shall stop at one or more entrances to any stop inter-
section, and shall erect a stop sign or marker at every such place
where a stop is required, or, in the event the Traffic Commissioner
determines that reduced speed rather than a stop is adequate for
safe operation at any such intersection, he shall determine such
safe speed by engineering investigation and shall erect signs upon
the approaches to such intersections giving notice of such speed.
Section 19. Traffic Commissioner To Erect Additional Signs.
Whenever by any ordinance of this city a one -way street is des-
cribed or any time limit parking is imposed, it shall be the duty
of the Traffic Commissioner to erect appropriate signs giving
notice thereof, and no such regulation shall be effective until
said signs are erected.
Section 20, Emergency and Experiaental Regulations.
(a) The Traffic Commissioner, by and with the
approval of the Police Committee is hereby empowered to make
regulations necessary to make effective the provisions of the
traffic ordinances'of this city and to make and enforce temporary
regulations to cover emergencies or special conditions,
(b) The Traffic Commissioner, by and with the
approval of the Police Committee may make temporary rules regulating
traffic for test traffic control devices under actual conditions of
traffic, No such experimental rule regulating traffic shall remain'.
in effect for more than 90 days. ,
Section 21, Traffic Violation Bureau Created.
(a) The Municipal Judge of the City of Little
Rock shall establish a Traffic Violations Bureau to assist the
court with the clerical work of traffic cases. The Bureau shall be
in charge of such person or persons and shall be open at such hours
as the Municipal Judge may designate.
(b) The Magistrate who hears traffic cases
shall designate the fines to be paid for first, second, and third
offenses which may be satisfied by payment of the same at the
Bureau, provided said fines are within the limits established as
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penalties for violations of the provisions of the traffic laws
and regulations of this city.
Section 220 Duties of Traffic Violations Bureau. The
following duties are hereby imposed upon the Traffic Violations
Bureau:
(a) It shall accept designated fines, issue
receipts and present in court such violators as are permitted and
desire to plead guilty, waive court appearances and given power
of attorney.
(b) It shall receive and issue receipts for cash
bail from the persons who must or wish to be heard in court, enter
the time of their appearances on the court docket and notify the
arresting officer and witnesses, if any, to be present.
(c) It shall keep an easily accessible record of
all violations of which each person has been guilty during the
preceeding 12 months, whether such guilt was established in court
or in the Traffic Violations Bureau.
(d) If a violator of the restrictions on
stopping or parking under the traffic ordinances of this city does
not appear in response to a notice affixed to such motor vehicle
within a period of five days, the Traffic Violations Bureau shall
send to the owner of the motor vehicle to which the notice was
affixed a letter informing him of the violation and warning him
that he will be held responsible for the appearance of the
offender and that in the event such letter is disregarded for a
peried of five days, a complaint will be filed and warrant of
arrest issued.
(e) In the event any person fails to comply with
a notice as provided in the proceeding paragraph or fails to make
appearance pursuant to a summons directing an appearance in the
Traffic Violations Bureau, or if any person fails or Defuses to
deposit bail as provided and within the time permitted by ordinance
the Traffic Violation Bureau shall forthwith have a complaint
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entered against such person and secure and issue a warrant for his
arrest. Such Bureau shall not accept any fine, but shall accept
bail for such person, but shall consider every such person under
the jurisdiction of the court.
Section 23. Traffic Violations Bureau to Keep Records.
The Traffic Violations Bureau shall keep records and submit summer-
ized monthly reports to the Municipal Judge of all notices issued
and arrests made for violations of the traffic ordinances of this
city and of all the fines collected by the Traffic Violations
Bureau or the Court, and of the final disposition or present
status of every case of violation of the provisions of this
ordinance. Such records shall be public record.
Section 24. Effect Of Sworn Complaint. Whenever any complaint
charging a traffic violation is sworn to by a police officer or
other competent person, such complaint shall be accepted as
conclusive evidence of the facts alleged therein in the absence
of evidence to the contrary.
Section 25. Effect of Ordinance. If any part or parts of
this ordinance are for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions
of this ordinance.
Section 26. Repeal, All ordinances or parts of ordinances in
conflict with or inconsistent with the provisions of this ordinance
are hereby repealed.
Section 27. Publication of Ordinance. The City Clerk shall
certify to the passage of this ordinance and cause the same to be
published in a newspaper.
Section 28. Short Title. This ordinance may be known and
cited as the Administrative Traffic Ordinance,
Section 29, Effective Date. That this ordinance is hereby
declared to be an emergency measure, the necessity therefore being
the immediate preservation of the health, safety, and welfare of the
citizens of the City of Little Rock, and shall take effect and be in
full force from and after its passage and approval by the Mayor.
PASS D: January 22, 1940. L
A. T: