Section 28.1153. Rule 153. Traffic-control orders.

(1)   The authority in the Act and this code  to  regulate  traffic  shall be exercised by the traffic engineer by the issuance of traffic-control orders that shall specify the rules and regulations adopted or established by him or her. The traffic-control orders shall become effective upon being filed with the clerk and upon erection of adequate signs or signals that give notice of the existence of the regulation,  if signs  or  signals are required by the provisions of this code that pertain to the regulation.

(2)   Traffic-control orders may be issued by the traffic engineer on his or her own authority,  but   when   so   issued   shall    be   known   as temporary traffic-control orders and shall not be effective after the expiration   of  90  days   from  the  date   of filing and these temporary traffic-control orders shall not be renewed or extended, except  upon approval by the ordinance making body.

(3)    Permanent traffic-control orders shall be issued by  the  traffic engineer, approved by the ordinance making body, and filed with the clerk.

(4)   Temporary orders shall become permanent orders upon being approved by the ordinance making body, and notice of the approval shall be filed  with the clerk.

(5)   All traffic-control orders and any actions that modify  or  repeal the orders shall be kept by the clerk in a separate book that shall be known as the traffic-control order book.

(6)   A copy of a traffic-control order, certified by the clerk to be a true copy compared by him or her with the original in his or her office, shall be permitted into evidence in all courts and proceedings in the same manner as the original would be permitted into evidence if produced. If it appears that a traffic-control sign, signal, or device that conforms to the provisions of this code was erected or in place when the alleged violation of this code occurred, it shall be prima facie evidence of the existence of a lawful traffic-control order that authorizes  the   traffic  control, sign, signal, or device, and it is not necessary for the prosecution to affirmatively show the existence of a valid traffic-control order in these cases, unless  and   until  the presumption is rebutted by competent evidence.

(7)    All traffic control  orders  issued   by  the   traffic   engineer, whether temporary or permanent, shall be in accordance with standard  and  accepted engineering practices as adopted in R 28.1126.

History: 1979 AC; 1981 AACS; 2002 AACS.