466.30. - Definitions.
Whenever used in the traffic code, the following words or phrases shall have the meanings ascribed to them:
Abandoned motor vehicle: A motor vehicle that has remained for a period in excess of seventy-two (72) hours on any street or highway in the city or any motor vehicle lacking vital component parts.
Authorized emergency vehicle: Any of the following vehicles when equipped and identified according to law:
(a) A vehicle of a fire department;
(b) A publicly owned police vehicle or a privately owned vehicle used by a police officer for police work under agreement, express or implied, with the local authority to which he is responsible;
(c) An ambulance, whether publicly or privately owned;
(d) An emergency vehicle of a municipal department or a public service corporation;
(e) A vehicle operated by a member of any volunteer rescue squad when engaged in assisting a police officer pursuant to authority conferred by the laws of the State of Minnesota.
Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is over twenty (20) inches in diameter and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels.
Bug deflector: A nonilluminated, transparent device, attached to the hood of a motor vehicle so as to deflect the air stream.
Bus: Every motor vehicle designed for carrying more than ten (10) 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.
Business district: The territory contiguous to and including a street or highway when fifty (50) per cent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.
Chief of police: The chief of police of this city, acting directly or through his duly authorized officers or agents.
City engineer: The city engineer of this city, acting directly or through his duly authorized officers or agents.
Commercial passenger vehicle: Any motor vehicle which operates to carry passengers for compensation, including but not limited to taxicabs, limousines, and school buses whether operated by a private firm or public agency.
Commercial permit vehicle: A commercial purpose vehicle which has affixed thereto a special permit which has been obtained in accordance with the provisions of section 478.820 of this Code.
Commercial truck: A commercial truck shall include a motor vehicle designed and registered as a truck for the transportation of property but not persons, or a motor vehicle designed and registered as a truck and used exclusively in the transportation of property in commerce but not for the transportation of persons at any time. A commercial truck shall not include station wagon type vehicles, utility class vehicles, any vehicle in which the cargo space is enlarged by the removal or folding down of seats, vans with more seats than for a driver and helper, any vehicle originally designed as a passenger type vehicle, tow trucks, pickup campers, pickup trucks, recreational vehicles, motor homes, a vehicle when used by the driver or helper to transport tools or material in the furtherance of another trade or any other vehicle not designed and used exclusively for the transportation of property in commerce.
Commercial vehicle: A commercial vehicle shall include any bus or commercial truck as defined in this chapter, any vehicle used exclusively for the transportation of property, any vehicle designed or modified to serve purposes other than the transportation of persons, and any vehicle upon which has been placed or attached any permanent lettering which meets the standards of Minnesota Statutes, Section 221.031(6)(b) and which has the name and address in letters that contrast sharply in color with the background and which is readily legible during daylight hours from a distance of fifty (50) feet while the vehicle is stationary and which is maintained in a manner that retains the legibility of the markings, or advertising of a business or product or service and such vehicle is used in or is part of such business or service. Notwithstanding the above, a commercial vehicle shall not include municipal or other governmental vehicles, public utility vehicles or authorized emergency vehicles as defined in this chapter, nor shall political stickers, signs or advertisements constitute a business, service or product for the purposes of this section.
Commissioner: The Commissioner of Highways of Minnesota, acting directly or through his duly authorized officers or agents.
Controlled-access highway: Every highway, street or roadway in respect to which the right of access of the owners or occupants of abutting lands and other persons has been acquired and to which the 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.
Conviction: A final conviction either after trial or upon a plea of guilty; also a forfeiture of cash or collateral deposited to guarantee a defendant's appearance in court, which forfeiture has not been vacated, or a breach of condition of release without bail, is equivalent to a conviction.
Crosswalk: That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings upon the surface.
Curb: The lateral boundaries of a roadway, whether or not marked by curbing.
Custom service vehicles: All vehicles used as well-drilling machines, wood-sawing machines, cement mixers, rock crushers, road graders, ditch diggers or elevating graders and similar service equipment.
Department: The Department of Highways of Minnesota, acting directly or through its duly authorized officers and agents.
Double parking: The standing of a vehicle upon a street or highway alongside of and parallel to another vehicle which is parked at the curb.
Driver: Every person who drives or is in actual physical control of a vehicle.
Emergency vehicle: (See Authorized emergency vehicle).
Explosive: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructible effects on contiguous objects or of destroying life or limb.
Farm tractor: Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
Flammable liquid: Any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less as determined by a Tagliabue or equivalent closed cup test device.
Gross weight: The unloaded weight of a vehicle or the unloaded weight of a truck-tractor and semitrailer combination, plus the weight of the load.
Implement of husbandry: Every vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.
Intersection: "Intersection" means:
(a) 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 (2) highways 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.
(b) Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In 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.
Laned highway: A highway the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.
Limit line: Visible markings on highway pavement establishing bounds for traffic.
Limousine: A marked or unmarked motor vehicle which carries passengers for hire, driven by a uniformed chauffeur, subject to call only from its own garage or central place of business, and which charges its customers a flat rate by the trip or by the hour, day or longer period of time, where such rate is greater than the taximeter rate for a comparable trip.
Metal tire: Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
Motor vehicle: Every vehicle which is self-propelled and not deriving its power from overhead wires.
Motor vehicle dealer: Any person engaged in the business of manufacturing or selling new and unused motor vehicles, or used motor vehicles, or both, having an established place of business for the sale, trade and display of such motor vehicles, and having in his possession motor vehicles for the purpose of sale or trade.
Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including motor scooters and bicycles with motor attached, but excluding a tractor.
Official traffic-control devices: All signs, signals, markings and devices not inconsistent with the traffic code placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
One-way roadway: A street or roadway designated and signposted for one-way traffic and on which all vehicles are required to move in one indicated direction.
Owner: 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 vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner.
Park orstand orstanding: The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
Pedestrian: Any person afoot.
Permanent lettering: Permanent lettering is lettering which is painted on or other sealed or bonded on lettering that is not easily removable and cannot be reused if removed. Such lettering shall be displayed on both sides of the vehicle in the door area specifying the company the vehicle is operating under and the city and state location of that company, as required by state statute. Additionally, such letter shall be of such contrast and letter size and so maintained as to be legible from fifty (50) feet away as state law requires.
Person: Every natural person, firm, copartnership, association or corporation.
Pneumatic tire: Every tire in which compressed air is designed to support the load.
Police officer: Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
Private road or driveway: 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.
Railroad: A carrier of persons or property upon cars, other than street cars, operated upon stationary rails.
Railroad sign or signal: Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Railroad train: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
Residence district: The territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in the use for business.
Right-of-way: The privilege of the immediate use of the street or highway.
Road tractor: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
Roadway: That portion of a highway improved, designated or ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate roadways the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.
Safety zone: The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked and indicated by adequate signs as to be plainly visible at all times set apart as a safety zone.
School bus: 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.
Semitrailer: Every vehicle without motive power designed for carrying persons or 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.
Sidewalk: That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
Solid tire: Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
Stop: Complete cessation from movement.
Stopping: 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.
Street orhighway: The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
Through highway: Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law.
Traffic: Pedestrians, ridden or herded animals, vehicles, including bicycles, and other conveyances either singly or together, while using any street or highway for purposes of travel.
Traffic-control signal: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
Trailer: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Truck: Every motor vehicle designed, used or maintained primarily for the transportation of property.
Truck-tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of weight of the vehicle and load so drawn.
Urban district: The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more.
Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
Vital component parts: Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.
Wrecker: A motor vehicle having a gross vehicle weight of eight thousand (8,000) pounds or more, equipped with a crane and winch and further equipped to control the movement of the towed vehicle. (Code 1960, As Amend., §§ 401.010—401.660; Ord. of 8-31-73, § 1; Ord. of 9-28-73, § 1; 78-Or-181, § 1, 9-15-78; 79-Or-098, § 1, 5-11-79; 79-Or-122, § 1, 6-8-79; 90-Or-318, § 1, 12-28-90; 96-Or-101, §§ 1, 2, 9-27-96; 2010-Or-075, § 1, 8-20-10; 2011-Or-094, § 1, 11-4-11; Ord. No. 2017-023, § 1, 5-12-17)