Legal Documents of Newport

Code of Newport

Newport
Title 15 : Motor Vehicles, Traffic and Parking
Chapter 1 : Miscellaneous

5-101 : Definitions.[2]

As used in this chapter, the following terms shall have the meanings ascribed to them:

  1. "Authorized emergency vehicle" shall mean fire department or fire patrol vehicles, police vehicles and such ambulances and emergency vehicles of the city departments or public service corporations as are so designated or authorized by the chief of police.
  2. "Bicycle" shall mean every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than twenty (20) inches in diameter.2
  3. "Business district" shall mean the territory contiguous to and including a highway when within any six hundred (600) feet along such highway 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 three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the highway.
  4. "Commercial vehicle" shall mean every vehicle designed, maintained or used primarily for the transportation of property.
  5. "Controlled-access highway" shall mean 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.
  6. "Crosswalk" shall mean:
    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.
  7. "Curb loading zone" shall mean a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
  8. "Driver" shall mean any person who drives or is in actual physical control of a vehicle.
  9. "Freight curb loading zone" shall mean a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
  10. "Highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. The terms "street" and "highway" are synonymous and interchangeable.
  11. "Intersection" shall mean:
    1. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the areas within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    2. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.
  12. "Laned roadway" shall mean a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
  13. "Motorcycle" shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
  14. "Motor-driven cycle" shall mean any motorcycle, including any motor scooter, with a motor which produces not to exceed five (5) brake horsepower and every bicycle with a motor attached.
  15. "Motor vehicle" shall mean any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
  16. "Official time standard" shall mean, whenever certain hours are designated in this chapter, standard time or daylight-saving time, as may be in current use in the city.
  17. "Official traffic-control devices" shall mean all signs, signals, markings and devices not inconsistent with this chapter or state law, placed or erected by authority of a public body official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
  18. "Park" or "parking" shall mean, when prohibited, the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
  19. "Passenger curb loading zone" shall mean a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
  20. "Pedestrian" shall mean any person afoot.
  21. "Police officer" shall mean any officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
  22. "Private road or driveway" shall mean any 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.
  23. "Railroad" shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
  24. "Railroad train" shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
  25. "Residential district" shall mean the territory contiguous to and including a highway not comprising a business district, when the property on the highway for a distance of three hundred (300) feet or more is in the main improved with residences.
  26. "Right-of-way" shall mean the privilege of the immediate use of the roadway.
  27. "Roadway" shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" shall refer to any such roadway separately but not all such roadways collectively.
  28. "Safety zone" shall mean 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.
  29. "Sidewalk" shall mean that portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
  30. "Stand" or "standing" shall mean, when prohibited, the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers.
  31. "Stop" shall mean, when required, the complete cessation from movement.
  32. "Stop" or "stopping" shall mean, when prohibited, any halting, even momentarily, 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 or traffic control sign or signal.
  33. "Street or highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for the purposes of vehicular travel. The terms "street" and "highway" are synonymous and interchangeable.
  34. "Through highway" shall mean any highway or portion thereof' on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to either a stop sign or a yield sign.
  35. "Traffic" shall mean pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together while using any highway for the purposes of travel.
  36. "Traffic-control signal" shall mean any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
  37. "Traffic division" shall mean the traffic division of the police department of the city or, in the event a traffic division is not established, then the term shall be deemed to refer to the police department of the city.
  38. "Vehicle" shall mean any device in, upon or by which, any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (1973 Code, § 11-1)

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Footnotes:
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State law references
Adoption and enforcement of traffic laws by municipalities: Tennessee Code Annotated, § 55-10-307, et seq.
Motor and other vehicles: Tennessee Code Annotated, § 55-1-101, et seq. Rules of the Road: Tennessee Code Annotated, § 55-8-101, et seq.

Section adopted in Title 15 as § 5-101 but should be 15-101. Will be corrected with next recodification or update.