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Insight from West Fargo PD: Speeding criteria in school zones defined

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A question has come into the police department asking about speeding in the area of the school. 13-1101(2) provides the rule.

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 13-1101. SPEED LIMITATIONS. Except in instances where a lower speed is specified in this Title or by the laws of this state, it shall be prima facie lawful for the driver of a vehicle to drive the same at a speed not exceeding:

1. Twenty-five miles per hour on all streets and avenues of this city unless otherwise posted.

2. The posted school zone speed limit when passing a school which is in session and when children are present, including going to or leaving school during opening or closing hours. When children are present shall be defined to mean whenever one or more children are on the roadway, sidewalk, pathway, road shoulder, in front of school buildings, or on adjacent school grounds. This definition applies to children present on the same side of the street as the school building, as well as across the street from the school building in any direction within the marked school zone.

3. Fifteen miles an hour in traversing or going around curves or traversing a grade upon a highway or street when the driver’s view is obstructed within a distance of one hundred feet along such street in a direction in which he is proceeding; or at any intersection.

In any case when the speed limitation provided for in the foregoing subsection shall be unsafe; it shall be unlawful to operate a motor vehicle at such speed. It shall be unlawful for any person to exceed any such foregoing speed limitations except as otherwise provided in this Title.

 If a child can be seen going to or coming from the school during the start and end of the school day or the child is outside playing the slower school zone speed would be in effect.

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