§ 24-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized emergency vehicle means a vehicle of a governmental fire agency, an ambulance and an emergency vehicle designated or authorized by the state department of transportation.

Bicycle means:

(1)

A vehicle propelled solely by human power upon which any person may ride and that has two tandem wheels and a seat height of more than 25 inches from the ground when the seat is raised to its highest position, except scooters and similar devices; or

(2)

A vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement may not exceed 3.05 cubic inches (50 centimeters), regardless of the number of chambers in the power source. The power source may not be capable of propelling the device, unassisted, at a speed exceeding 30 miles per hour (48.28 kilometers per hour) on a level surface. The device must be equipped with a power drive system that functions directly or automatically only, and does not require clutching or shifting by the operator after the drive system is engaged.

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

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

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 roadway 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 pedestrians crossing by lines or other markings on the surface.

Flag person means a person who directs, controls or alters the normal flow of vehicular traffic upon a street or roadway as a result of a vehicular traffic hazard then present on that street or roadway. This person, except a uniformed traffic enforcement officer exercising the officer's duty as a result of a planned vehicular traffic hazard, must be equipped as required by the rules of the department of transportation.

Intersection means the area embraced within the prolongation or connection of the lateral curblines, or if there are no curblines, then the lateral boundary lines of the roadways of two roadways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.

Local authorities means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.

Noncommercial motor vehicle or noncommercial vehicle means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in MCA 61-1-101 and includes, but is not limited to, the vehicles listed in MCA 61-1-101(9)(b).

Official traffic control devices means all signs, signals, markings and devices not inconsistent with this chapter that are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

Pedestrian means any person on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person.

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

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

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

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

Roadway has the meaning provided in MCA 61-1-101, including local streets, avenues, alleys and ways that are dedicated to public use by motorized vehicles.

School bus has the meaning provided in MCA 20-10-101.

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

(Ord. No. 135, § 2(10.06.020), 2-28-2013)

State law reference

Similar provisions, MCA 61-8-102.