§ 10-3-2. Commuter bus and high occupancy vehicles lanes.

(a)

The city council, by resolution, may designate commuter lanes on the streets of the city under its exclusive jurisdiction for the exclusive use of buses and high occupancy vehicles during specified days and hours. No vehicles other than buses and high occupancy vehicles shall, for any purpose, enter or travel in a commuter lane designated by council during the days and hours specified by council, except that any vehicle may enter and travel in a commuter lane if it turns at the first intersection or at any point before such intersection, following the point it enters the lane.

(b)

Unless otherwise stated in the council resolution designating a commuter lane, commuter lane restrictions shall be in effect from 7:00 a.m. to 9:00 a.m. for lanes in which traffic moves in a northerly direction, and from 4:00 p.m. to 6:00 p.m., for lanes in which traffic moves in a southerly direction, Monday through Friday, excluding legal holidays. Unless otherwise stated in the council resolution describing a commuter lane, at least two persons must occupy a vehicle in order for it to constitute a high occupancy vehicle and thus be entitled to travel in the commuter lane when the lane's restrictions are in effect.

(c)

Signs designating a commuter lane shall state the minimum number of persons who must occupy a vehicle in order for it to be entitled to use the commuter lane, and shall state the days and hours during which this occupancy requirement is in effect. Such signs shall be plainly posted along the entire route of a commuter lane, at least one per block. In addition, one such sign shall be posted in the block preceding the first block of the commuter lane.

(d)

Any person operating a vehicle in a commuter lane in violation of this section shall be guilty of a traffic infraction that is not a moving violation. Upon conviction, such infractions shall be punishable as follows:

(1)

for a first offense, by a fine of $125;

(2)

for a second offense within a period of five years from the first offense, by a fine of $250;

(3)

for a third offense within a period of five years of the first offense, by a fine of $500; and

(4)

for a fourth or subsequent offense within a period of five years of the first offense, by a fine of $1,000. (Code 1963, Sec. 22-49.1; Ord. No. 2888, 12/19/83, Sec. 3; Ord. No. 2905, 3/17/84, Sec. 2; Ord. No. 2974, 10/13/84, Sec. 1; Ord. No. 3326, 9/24/88, Secs., 1, 2; Ord. No. 3521, 6/15/91, Sec. 1; Ord. No. 3535, 9/14/91, Sec. 1; Ord. No. 3909, 1/25/97, Sec. 1; Ord. No. 4597, 6/13/09, Sec. 1)