§ 22-2. Definitions.

(1)

Vehicles.

a.

Authorized emergency vehicles means vehicles of the fire department, fire patrol, police vehicles or such ambulances and emergency vehicles as are designated or authorized by an appropriate state agency.

b.

Bicycle means every device propelled by human power which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter.

c.

Bus means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

d.

Emergency service vehicles means emergency service vehicles of state, county or municipal departments or public service vehicles which, by the nature of their operation, cause a vehicular traffic hazard; or authorized tow cars.

e.

Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

f.

Motor-driven cycle means every motorcycle, including every motor scooter, with a motor which produces not greater than five horsepower, and every bicycle with a motor attached.

g.

Motor vehicle means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

h.

Pole trailer means every vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured by some pole or structural member to the towing vehicle.

i.

Police vehicle means any vehicle used in the service of any law enforcement agency.

j.

School bus means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.

k.

Semitrailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

l.

Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle.

m.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(2)

Streets and roadway areas.

a.

Arterial street means any of the following designated streets:

1.

North 7th Street from its intersection with Main Street to its intersection with Truscott Street.

2.

Tatro Street from its intersection with North 7th Street to its intersection with Woodbury Street and continuing with Milwaukee Street from its intersection with Woodbury Street to its intersection with North Montana Avenue.

3.

Woodbury Street from its intersection with Leighton Boulevard to its intersection with Roberts Street.

4.

North Montana Avenue from its intersection with Main Street to its intersection with Jackson Street.

5.

Leighton Boulevard from its intersection with North Sewell Avenue to the point it merges with Washington Street and continuing with Washington Street to its intersection with North 3rd Street.

6.

North 5th Street from its intersection with Main Street to its intersection with Marion Street.

7.

North 9th Street from its intersection with Main Street to its intersection with Washington Street.

8.

North 10th Street from its intersection with Main Street to its intersection with Washington Street.

9.

Palmer Street from its intersection with North 7th Street to its intersection with North Montana Avenue.

10.

Orr Street from its intersection with North 7th Street to its intersection with Leighton Boulevard.

11.

Pleasant Street from its intersection with North 7th Street to its intersection with North Montana Street.

12.

North Strevell Avenue from its intersection with Main Street to its intersection with Valley Drive East/US Highway 12.

13.

North Stacy Avenue from its intersection with Main Street to its intersection with Leighton Boulevard.

14.

South Winchester Avenue from its intersection with Main Street and merging with South Stacy Avenue continuing to its intersection with Wilson Street.

15.

South Strevell Avenue from its intersection with Main Street to its intersection with Balsam Drive.

16.

Wilson Street from its intersection with South Haynes Avenue to its intersection with South Strevell Avenue.

17.

Fort Street and Pearl Street from their intersections with South Winchester Avenue to their intersections with South Strevell Avenue.

18.

Fort Street from its intersection with South Montana Avenue to its intersection with South Strevell Avenue.

19.

South 10th Street from its intersection with Main Street to the point it merges with Pearl Street and continuing to Pearl Street's intersection with South Strevell Avenue.

20.

South 8th Street from its intersection with Main Street to the point it merges with Stower Street and continuing east on Stower Street to its intersection with Michels Street. (Excluding the two block portion of Stower Street between South Sewell Avenue and Moorehead Avenue.)

21.

Tompy Street from its intersection with South Montana Avenue to its intersection with South Haynes Avenue.

22.

Comstock Street from its intersection with South Montana Avenue to its intersection with South Haynes Avenue.

23.

South Lake Avenue from its intersection with Main Street to its intersection with Tompy Street.

24.

South Center Avenue from its intersection with Main Street to its intersection with Tompy Street.

25.

South Montana Avenue from its intersection with South Center Avenue to its intersection with Tompy Street.

26.

South 5th Street from its intersection with Main Street to its intersection with Pacific Avenue.

27.

South 4th Street from its intersection with Main Street, inclusive of the service road through Riverside Park, to its intersection with Eagle Avenue.

28.

Yellowstone Avenue from its intersection with South 10th Street to its intersection with Neu-Vu Avenue.

29.

Pacific Avenue from its intersection with South 10th Street to its intersection with the Tongue River Bridge.

30.

Atlantic Avenue from its intersection with South 10th Street to its intersection with Neu-Vu Avenue.

31.

Bridge Street from its intersection with South 5th Street to its intersection with Main Street.

32.

Main Street from its intersection with the Tongue River Bridge to its intersection with South Haynes Avenue.

33.

South Haynes Avenue from its intersection with Main Street to its intersection with Interstate Highway 94.

34.

The service road between Scanlan Lake and Connor Field from its intersection with Main Street to the point it merges with Sloan Road continuing south on Sloan Road to its intersection with Pacific Avenue.

35.

Dike Road from its intersection with Pacific Avenue to the point it merges with Wells Street and continuing on Wells Street to its intersection with US Highway 59 North.

36.

South Sewell Avenue from its intersection with Main Street to its intersection with Boutelle Street.

37.

Dickinson Street from its intersection with South Montana Avenue to its intersection with Moorehead Avenue.

b.

Controlled access highway means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.

c.

Crosswalk means:

1.

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

2.

Any portion of a roadway, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface.

d.

Intersection means the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways, of two streets which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a street includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two roadways 30 feet or more apart, then every crossing of two roadways of such streets shall be regarded as a separate intersection.

e.

Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.

f.

Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

g.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two or more separate roadways, the term "roadway" as used in this chapter shall refer to any such roadway separately but not to all such roadways collectively.

h.

Safety zone means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

i.

Sidewalk means that portion of a street between the curblines or the lateral line of a roadway, and the adjacent property lines, intended for the use of pedestrians.

j.

Street or highway means the entire width between the boundary lines of every street, highway and related structure as have been or shall be built and maintained with appropriated funds of the United States and which have been or shall be built and maintained with funds of the state or the municipality, or which have been or shall be dedicated to public use or have been acquired by eminent domain.

k.

Through street means every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same when stop signs are erected as provided in this chapter.

(3)

Traffic control devices.

a.

Official traffic control devices means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of the municipality, county or state for the purpose of regulating, warning or guiding traffic.

b.

Railroad sign or signal means any sign, signal or device erected by authority of the municipality, county or state, or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

c.

Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

(4)

Miscellaneous.

a.

Business district means the territory contiguous to and including a street when, within any 600 feet along such street, there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations and public buildings, which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the street.

b.

Double parking means the standing of a vehicle upon a street alongside and parallel to another vehicle which is parked at the curb.

c.

Driver means every person who drives or is in actual physical control of a vehicle.

d.

Owner means a person who holds the legal title of a vehicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession of the vehicle. When possession is vested in the conditional vendee, lessee or mortgagor, such person shall be deemed the owner for the purpose of this chapter.

e.

Park, when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

f.

Pedestrian means any person afoot.

g.

Person. See section 1-2.

h.

Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

i.

Residence district means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of 300 feet or more is improved with residences or residences and buildings in use for business.

j.

Right-of-way means the privilege of the immediate use of the roadway.

k.

Stop, stopping or standing.

1.

Stop, when required, means complete cessation from movement.

2.

Stop, stopping or standing, when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, highway patrolman or traffic control sign or signal.

l.

Traffic means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singly or together, while using any highways for purposes of travel.

(Code 1981, § 10.02.020; Ord. No. 1231, § 1, 2-14-12; Ord. No. 1248, § 1, 12-11-12)

State law reference

Definitions, MCA 61-1-101.