Powers of local authorities to regulate traffic

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61-12-101. Powers of local authorities to regulate traffic. (1) The provisions of chapters 8 and 9 do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from:

(a) regulating the standing or parking of vehicles;

(b) regulating the traffic by means of police officers or traffic control devices;

(c) regulating or prohibiting processions or assemblages on the highways;

(d) designating particular highways as one-way highways and requiring that all vehicles on those highways be moved in one specific direction;

(e) regulating the speed of vehicles in public parks;

(f) designating any highway as a through highway, as defined in 61-8-341, and requiring that all vehicles stop before entering or crossing a through highway and designating any intersection, as defined in 61-8-102, as a stop intersection and requiring all vehicles to stop at one or more entrances to stop intersections;

(g) restricting the use of highways as authorized in 61-10-128(2);

(h) regulating the operation of bicycles or mopeds, as defined in 61-8-102, and requiring the registration and licensing of bicycles or mopeds, including requiring a registration fee;

(i) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

(j) altering the speed limits as authorized in Title 7, chapter 14, and Title 61, chapter 8;

(k) regulating the operating of a vehicle by a person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree that renders the person incapable of safely operating a vehicle within the incorporated limits of any city or town;

(l) regulating or prohibiting a person who is under the influence of intoxicating liquor from operating or being in actual physical control of a vehicle within the incorporated limits of a city or town;

(m) regulating or prohibiting the operation of a vehicle by a person in willful or wanton disregard for the safety of persons or property within the incorporated limits of a city or town;

(n) enacting as ordinances any provisions of chapter 8 or 9 and any other law regulating traffic, pedestrians, vehicles, and operators of vehicles that are not in conflict with state law or federal regulations and enforcing the ordinances;

(o) regulating the operation of motorized nonstandard vehicles on sidewalks, streets, and highways; and

(p) regulating the operation of golf carts on streets and highways.

(2) The powers of a local authority to regulate traffic do not include the power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local authority.

History: En. Sec. 28, Ch. 263, L. 1955; amd. Sec. 2, Ch. 201, L. 1957; amd. Sec. 1, Ch. 240, L. 1959; R.C.M. 1947, 32-2131; amd. Secs. 9, 11, Ch. 468, L. 2005; amd. Sec. 232, Ch. 542, L. 2005; amd. Sec. 9, Ch. 247, L. 2011; amd. Sec. 7, Ch. 173, L. 2015; amd. Sec. 14, Ch. 374, L. 2015.


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