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Minutes 04/28/1964
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Minutes 04/28/1964
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City Council
Meeting Date
4/28/1964
City Council - Category
Minutes
City Council - Type
General
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<br />· !-" 4 <br />..0 <br /> <br />TUESDAY <br /> <br />APRIL 28, 1964 <br /> <br />1raffic), the first ordinance hereinafter being an addition to Article II of <br /> <br />said Code and the second ordinance hereinafter being a complete substitution <br /> <br />for Section 9-178 of said Code: <br /> <br />BE IT ORDAINED by the Council of the City of Martinsville, Virginia, <br />in regular meeting assembled this 28th day of April, 1964, that Article <br />II of the Motor Vehicles and Traffic Code of the City of Martinsville <br />be and is hereby amended to include the following addition thereto: <br /> <br />Sec. 9-11.1. Checking on speed with electrical devices; prima <br />facie evidence; restrictions on arrest.2 <br /> <br />(a) The City adopts the use of radiomicro waves or other electrical <br />devices to measure speed of motor vehicles within the City. <br />The results of such checks shall be accepted as prima facip <br />evidence of the speed of such motor vehicle in any court or <br />legal proceedings where the speed of the motor vehicle is <br />at issue. <br /> <br />(b) The driver of any such motor vehicle may be arrested without <br />a warrant under this section; provided, that the arresting <br />officer is in uniform or displays his badge of authority; <br />provided further, that such officer has observed the <br />registration of the speed of such motor vehicle by the radio- <br />micro waves or other electrical device, or has received a <br />radio message from the officer who observed the speed of the <br />motor vehicle registered by the radiomicro waves or other <br />electrical device; provided, that in case of an arrest based <br />on such a message that such radio message has been dispatched <br />immediately after the speed of the motor vehicle was registered <br />and furnished the license number or other positive identification <br />of the behicle and the registered speed to the arresting officer. <br />Such legal rate of speed and notice of measurement of speed by <br />radiomicro waves or other electrical devices may be posted on <br />different signs and need not be posted on the same sign. <br /> <br />No operator of a motor vehicle may be arrested under this section <br />unless signs have been placed at the city line on the primary highway <br />system leading into the city, to indicate the legal rate of speed, and <br />that the speed of motor vehicles may be measured by radiomicro waves <br />or other electrical device. There shall be a prima facie presumption <br />that such signs were in place at the time of the commission of the <br />offense of exceeding the legal rate of speed, and a certificate of the <br />Director of public Works as to the placing of such signs shall be <br />admissible in evidence to support or rebut such presumption. Such <br />legal rate of speed and notice of measurement of speed by radiomicro <br />waves or other electrical devices may be posted on different signs <br />and need not be posted on the same sign. <br /> <br />An emergency existing, this ordinance shall be in force from date of adoption. <br /> <br />2. For similar state law, see Code of Va. S 46.1-198 <br /> <br />BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in <br />regular meeting assembled this 28th day of April, 1964, that the Motor <br />
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