Athens City Code
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ContentsCHAPTER 15-I VEHICLES, TRAFFIC AND PARKING IN GENERAL
CHAPTER 15-I VEHICLES, TRAFFIC AND PARKING IN GENERAL
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15-1 Adoption Of State Traffic Statutes
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By the authority granted under T.C.A. § 16-18-302, the city adopts, to the extent applicable within municipalities, the state rules of the road and the additional state statutes cited below by reference as though fully set forth in this title:
| T.C.A. §§ 55-1-101 to 55-1-126 | Definitions |
| T.C.A. §§ 55-4-101 to 55-4-142 | Registration and licensing, part 1 |
| T.C.A. §§ 55-8-101 to 55-8-199 | Rules of the road, part 1 |
| T.C.A. §§ 55-9-201 to 55-9-205 | Equipment, part 2, vehicles generally |
| T.C.A. §§ 55-9-302 to 55-9-308 | Equipment, part 3, motorcycles, etc. |
| T.C.A. §§ 55-9-401 to 55-9-415 | Equipment, part 4, lighting |
| T.C.A. §§ 55-9-601 to 55-9-606 | Equipment, part 6, safety belts |
| T.C.A. § 55-12-139 | Evidence of Compliance with Financial Responsibility Law |
| T.C.A. § 55-50-301 | Driver's license required |
| T.C.A. § 55-50-351 | Possession and display of driver's license |
15-2 Unlaned Streets
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- (1) Upon all unlaned streets of sufficient width, a vehicle shall be driven upon the right half of the street except:
- (a) When lawfully overtaking and passing another vehicle proceeding in the same direction.
- (b) When the right half of a roadway is closed to traffic while under construction or repair.
- (c) Upon a roadway designated and signposted by the city for one-way traffic.
- (2) All vehicles proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven as close as practicable to the right curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.
(Code 1972, § 9-110; Code 1995, § 15-104)
15-3 Carrying Passengers And Riding On Sidewalks Restricted
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- (1) No driver of a two- or three-wheel motor vehicle or bicycle shall carry any other person on, upon, or within such vehicle on any street or highway in the city except as provided in this section.
- (2) If any two- or three-wheel motor vehicle with a wheel diameter of 12 inches or greater, or any bicycle, shall have either a double seating device with double footrests or a sidecar attachment providing a separate seat space within such sidecar attachment for each person riding therein so that such person shall be seated entirely within the body of said sidecar, then it shall be permissible for an operator who has attained the age of 16 years or older to carry a passenger.
- (3) A demonstration ride by a licensed dealer or his employee is excepted from the provisions of this section.
- (4) No motorcycle or motor scooter shall be ridden upon any sidewalk of the city. No bicycle shall be ridden upon a sidewalk, unless the sidewalk is part of the city-wide bikeway and is marked accordingly.
15-4 Motor Vehicle Windows With Tinting, Reflecting Or Sunscreen
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- (1) Generally.
- (a) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle registered in the state, in which any window, which has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, has been altered, treated or replaced by the affixing, application or installation of any material which:
- (i) Has a visible light transmittance of less than 35 percent; or
- (ii) With the exception of the manufacturer's standard installed shade band, reduces the visible light transmittance in the windshield below 70 percent.
- (b) Any person who installs window tinting materials for profit, barter, or wages and/or commissions is defined as a professional installer for the provisions of this section, and it is unlawful for a professional installer to apply tinting materials to any vehicle so as to cause that vehicle to be in violation of this section.
- (c) All professional installers of window tinting materials shall supply and shall affix to the lower right corner of the driver's window an adhesive label, the size and style of which shall be determined by the commissioner of safety, which includes:
- (i) The installer's business name; and
- (ii) The legend "Complies with T.C.A. § 55-9-107."
- (d) All professional installers of window tinting materials shall supply each customer with a signed receipt for each vehicle to which tinting materials have been applied which includes:
- (i) Date of installation;
- (ii) Make, model, paint color and license plate number and state;
- (iii) The legend "Complies with T.C.A. § 55-9-107 at date of installation"; and
- (iv) The legend "This receipt shall be kept with vehicle registration documents."
- (e) The owner of any vehicle in question has the burden of proof that such vehicle is in compliance with the provisions of this section.
- (f) Any vehicle model permitted by federal regulations to be equipped with certain windows tinted so as to not to conform to the specifications of subsection (a)(1)a of this section is exempt from subsection (a)(1)a of this section with respect to those certain windows. Likewise, vehicles bearing commercial license plates or government service license plates that are used for law enforcement purposes shall be exempt from the specifications of subsection (a)(1)a of this section for those windows rearward of the front doors. This subsection (a) shall not be constructed in any way to exempt the front door windows of any vehicle of any kind from the specifications of subsection (a)(1)a of this section.
- (a) It is unlawful for any person to operate, upon a public highway, street or road, any motor vehicle registered in the state, in which any window, which has a visible light transmittance equal to, but not less than, that specified in the Federal Motor Vehicle Safety Standard No. 205, has been altered, treated or replaced by the affixing, application or installation of any material which:
- (2) Exemption; medical conditions requiring window tinting.
- (a) Notwithstanding the provisions of subsection (a)(1) of this section to the contrary, any person with a medical condition that is adversely affected by ultraviolet light may submit a statement to the commissioner from that person's physician certifying that the person has a medical condition which requires reduction of light transmission in the windows of such person's vehicle in excess of the standards established in subsection (a) of this section. The commissioner shall submit the certified statement to the department's medical review board for evaluation. If the review board finds the exemption warranted, it shall recommend that the commissioner authorize the exemption and the degree of tinting exemption which is appropriate. The commissioner shall then supply a certificate or decal, indicating the degree of exemption, to the applicant who shall display it in the motor vehicle.
- (b) Any applicant aggrieved by a decision of the medical review board or the commissioner may appeal in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in T.C.A. title 4, ch. 5. The appeal may be made to the chancery court of the county where the aggrieved applicant resides at the option of the applicant.
- (3) It is probable cause for a full-time, salaried police officer of the state to detain a motor vehicle being operated on the public roads, streets or highways of the state when such officer has a reasonable belief that the motor vehicle is in violation of subsection (a)(1) of this section, for the purpose of conducting a field comparison test.
- (4) It is a civil offense for the operator of a motor vehicle to refuse to submit to the field comparison test when directed to do so by a full-time, salaried police officer, or for any person to otherwise violate any provisions of this section.
- (5) The commissioner of safety shall establish a standardized method and procedure by which law enforcement officers can readily, and with reasonably accuracy, conduct a field comparison test to determine if a motor vehicle's windows are in compliance with this section.
- (6) The maximum penalty for a violation of this section shall be a civil penalty not in excess of $50.00.
(Code 1995, § 11-810; Ord. No. 931, 9-20-2005)
15-5 General Requirements For Traffic Control Signs, Etc.
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All traffic control signs, signals, markings and devices shall conform to the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the U. S. Department of Transportation, Federal Highway Administration, and shall, so far as practicable, be uniform as to type and location throughout the city.
(Code 1972, § 9-114; Code 1995, § 15-108)
15-6 Presumption With Respect To Traffic Control Signs, Signals, Etc.
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When a traffic-control sign, signal, marking or device has been placed, the presumption shall be that it is official and that it has been lawfully placed by the proper municipal authority.
(Code 1972, § 9-116; Code 1995, § 15-110)
15-7 City Manager Authorized To Erect Traffic Control Signs, Markers, Etc.
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- (1) After proper determination of the traffic situation in the city, the city manager or his or her designee is empowered to erect traffic control signs, speed limit signs, and street markers to control traffic and to post any and all signs within the corporate limits of the city that may be so needed for the control of the traffic therein.
- (2) After the traffic control legends, signs, etc., are posted, any person operating a vehicle contrary to the traffic control signals, signs, speed limit signs, and street markers shall be guilty of a civil offense.
(Code 1972, § 9-128; Code 1995, § 15-122)
15-8 City Manager Authorized To Issue Permits For Twin Trailers
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The city manager or his or her designee is empowered to issue permits for designated routes to transportation firms wanting to operate twin trailers within the corporate limits of the city, as provided by T.C.A. § 55-7-208. The designated routes shall be determined by the city manager.
(Code 1972, § 9-129; Code 1995, § 15-123)