PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JUNE 11, 2009.
ORDINANCE NO. 2009- 03
AN ORDINANCE AMENDING SECTION 15-221 OF THE CODE OF ORDINANCES OF THE TOWN OF VERDIGRIS, OKLAHOMA, REGULATING SPEED LIMITS AND AMENDING SPEED LIMITS IN SCHOOL ZONES; REQUIRING OPERATORS OF VEHICLES TO DRIVE N A MANNER REASONABLE AND PROPER; SETTING FORTH REQUIREMENTS FOR MINIMUM SPEEDS; SETTING FORTH THE DUTY TO DECREASE SPEED WHEN SITUATIONS REQUIRE; PROVIDING A PARTIAL INVALIDITY SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VERDIGRIS, OKLAHOMA:
Section 1. That Section 15-221 of the Code of Ordinances of the Town of Verdigris, Oklahoma, be and the same is hereby amended to read as follows:
SECTION 15 221 GENERAL MAXIMUM SPEED LIMIT; SPECIFIC SPEED LIMITS ESTABLISHED.
A. Reasonable and Proper:
1. Notwithstanding a maximum speed limit enumerated in this section, no person shall drive a vehicle upon any alley, highway, roadway, street or public parking area at a speed greater than or less than is reasonable or prudent under the conditions then existing, considering visibility, amount of traffic, condition of the roadway, presence of pedestrians, obstruction of view and other pertinent or similar facts.
2. It shall be unlawful for any person to drive a vehicle at a speed greater than will permit him or her to bring to a stop his or her vehicle within the assured clear distance ahead.
B. Speed Limits Established:
1. Generally: Except when a special hazard exists that requires lower speed for compliance with subsection A of this section, the limits specified in this section or established as authorized shall be maximum lawful speeds. No person shall drive a vehicle on a roadway at a speed in excess of such maximum limits as follows:
a. Twenty-five (25) miles per hour on any street or roadway, except as may be posted otherwise and except on state or federal highways;
b. The miles per hour posted in school zones during the designated school zone hours defined as being 7:30 a.m. to 4:00 p.m. when school is in session, or when children are present.
(1) The term “when children are present” is defined as whenever a child or children are present on the roadway, shoulder area, sidewalk, parking area, or other area immediately adjacent to the roadway on which the school zone is located. This definition applies to children present on the same side of the street as the school building or grounds, as well as across the street from the school building or grounds, or in any direction within the marked school zone
(2) The term “when children are present” is not restricted to school days or school hours, but is applicable any time children are present within the zone as defined by subparagraph (b)(1) above.
c. The town Board of Trustees may establish or amend speed zones, maximum speed limits, school zones and maximum school zone speed limits from time to time as the Board deems appropriate. The designation “NS” shall mean North-South, and the designation “EW” shall mean East-West, and both shall pertain to the direction in which designated roadways run.
d. The following speed zones are declared under the following maximum speed limits, subject to any school zones and corresponding school zone maximum speed limits as set forth in subsection (B)(1)(e) below:
(1) The maximum speed limit for NS 4110 Road shall be thirty-five (35) miles per hour, subject to the school zone listed below.
(2) The maximum speed limit for NS 4120 Road (a/k/a, “Fisher Road”) shall be shall be thirty-five (35) miles per hour.
(3) The maximum speed limit for EW 530 Road (a/k/a, “Gordon Road”), shall be thirty-five (35) miles per hour from Highway 66 and then east to the stop sign at NS 4140 Road (a/k/a, “Fredrick Road” or “Frederick Road”), and forty-five (45) miles per hour from the intersection of NS 4140 Road to the easterly town limit boundary located approximately one-eight (1/8) of a mile west of NS 4140 Road. The maximum speed limit for the portion of EW 530 Road located west of the railroad tracts (said railroad tracts running basically parallel to Highway 66) shall be thirty-five (35) miles per hour.
(4) The maximum speed limit for that portion of NS 4140 Road (a/k/a, “Fredrick Road” or “Frederick Road”) lying within the municipal limits of the town shall be forty-five (45) miles per hour.
(5) The maximum speed limit for that portion of EW 510 Road (a/k/a, “Flint Road” for the portion of the roadway located east of Highway 66, and “King Road” for the portion of the roadway located west of Highway 66) located within the municipal limits of the town shall be thirty-five (35) miles per hour.
(6) The maximum speed limit for that portion of NS 4090 Road (a/k/a, McGuire Road) located within the municipal limits of the town shall be thirty-five (35) miles per hour.
(7) The maximum speed limit in the roadways contained within subdivisions within the town known as “Bridgeport I” and “Bridgeport II” in Section 36, Township 21 North, Range 15 East shall be twenty (20) miles per hour.
e. The following school zones are hereby declared and following maximum speed limits shall apply during school zone hours:
(1) Verdigris Elementary School Zone. The maximum speed limit during school zone hours, or when children are present, for the Verdigris Elementary School Zone situated on NS 4110 Road shall be twenty (20) miles per hour. The Verdigris Elementary School Zone is hereby defined as: beginning at the entrance to The Vintage At Verdigris along NS 4110 Road, and extending southerly along NS 4110 Road to the southerly-most end of the municipal limits of the town on NS 4110 Road (which is approximately 10 feet south of the southerly-most Verdigris elementary school entrance).
(2) Verdigris High School and Junior High School Zone. The maximum speed limit during school zone hours, or when children are present for the Verdigris High School and Junior High School Zone situated on EW 540 road, Blackwell Avenue, Faulkner Drive and Hagar Drive , shall be fifteen (15) miles per hour. The Verdigris High School and Junior High School Zone is hereby defined as: beginning at the intersection of Highway 66 and EW 530 Road, and extending along EW 540 Road easterly to Faulkner Drive, and all the roads which surround the said school complex, including Blackwell Avenue, Faulkner Drive and Hagar Drive.
C. Duty To Decrease Speed: the fact that the speed of a vehicle is lower than the designated limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow winding roadway, or when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle or on entering the roadway in compliance with legal requirements and the duty of all persons to use due care, diligence and precaution.
D. Minimum Speed: It is unlawful for any person to drive a motor vehicle at such slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. Police officers are hereby authorized to enforce this subsection by directions to drivers, and in the event of willful disobedience to this provision or refusal to comply with the direction of an officer in accordance herewith, the continued slow operation by a driver shall be unlawful and constitute a blocking of traffic and a violation of this subsection.
Section 2. Partial Invalidity Savings Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid, such decision or decisions shall not affect the validity of the remaining portions of this Ordinance.
Section 3. Repeal of Conflicting Ordinances. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby expressly repealed.
Section 4. Whereas this Ordinance shall become effective, thirty (30) days after its passage, approval and publication as required by law.
PASSED AND APPROVED by the Town Board of Trustees of the Town of Verdigris, Oklahoma, and the emergency clause voted upon separately and approved by said Board, in regular session on this 28th day of May, 2009.
Mayor Keith Crawford
Town Clerk Susan Beck