Subdivision II. Procedures
- Sec. 134-106 Definitions.
- Sec. 134-107 Traffic infractions not criminal.
- Sec. 134-108 No jury trial for traffic infractions.
- Sec. 134-109 Right to jury trial for traffic offenses.
- Sec. 134-110 Commencement of traffic infraction action.
- Sec. 134-111 Payment of traffic infraction penalty before appearance.
- Sec. 134-112 Traffic infraction first appearance.
- Sec. 134-113 Speedy trial.
- Sec. 134-114 Final hearing of traffic infraction.
- Sec. 134-115 Judgment on traffic infraction after final hearing.
- Sec. 134-116 Traffic infraction post-hearing motions.
- Sec. 134-117 Default on traffic infraction.
- Sec. 134-118 Appeal.
- Sec. 134-119 Traffic offense procedure.
- Sec. 134-120 through 134-145 Reserved.
Sec. 134-106. Definitions.
(a) The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Charging document means the document commencing or initiating the traffic violation matter, whether denoted as a complaint, summons and complaint, citation, penalty assessment notice, or other document charging the person with the commission of a traffic violation.
Defendant means any person charged with the commission of a traffic violation.
Judgment means the admission of guilt or liability for any traffic violation, the entry of judgment of guilt or liability, or the entry of default judgment as set forth in this subdivision against any person for the commission of a traffic violation.
Penalty means that fine and/or imprisonment imposed pursuant to section 1-13 of this Code.
Traffic infraction means every violation of any provision of the model traffic code, as adopted in section 134-1 or amended by the city except:
1. Section 107: Obedience to police and fire department officials.
2. Section 233: Alteration of suspension system.
3. Section 235: Minimum standards for commercial vehicles—Spot inspections.
4. Section 509: Vehicles weighed—Excess removed.
5. Subsection 611(2): Paraplegic person or persons with disabilities—Distress flag.
6. Subsections 705(2) (2.5) and (2.6) Operation of vehicle approached by emergency vehicle—Operation of vehicle approaching stationary emergency vehicle.
7. Sections 1101, 1102, and 1103: Basic [speed] rule—Decrease of speed limits—Increase of speed limits (only where the speed alleged is greater than 24 miles per hour over the posted speed limit).
8. Section 1105 Speed contest—Speed exhibitions—Aiding and facilitating.
9. Section 1401: Reckless driving.
10. Section 1402: Careless driving.
11. Subsection 1406(b): Foreign matter on highway prohibited.
12. Section 1415: Radar jamming devices prohibited.
13. Subsection 1903(1)(a): School buses—Stops—Signs—Passing.
Traffic offense means any traffic violation which is not a traffic infraction.
Traffic violation means any violation of this chapter or any provision of the model traffic code, as adopted in section 134-1 or amended by the City, whether or not such violation is a traffic infraction or traffic offense.
(b) In the event of any conflict between the model traffic code and the definitions contained in this section, this section shall be controlling. (Code 1979, § 37-140; Ord. No. 2011-22, § 6, 8-8-2011; Ord. No. 2008-66, § 1, 11-17-2008; Ord. No. 2007-85, § 1, 12-17-2007; Ord. No. 99-91, § 1, 1-3-2000; Ord. No. 97-52, § 3, 10-13-1997; Ord. No. 97-12, § 1, 4-14-1997; Ord. No. 95-86, exhibit A (§ 37-140), 10-9-1995)
Cross reference: Definitions generally, § 1-2.