§ 39-10-04 — Obedience to and required traffic-control devices

1. The driver of a vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter, unless
otherwise directed by a traffic or police officer, subject to the exceptions granted the
driver of an authorized emergency vehicle in this chapter.
2. A provision of this chapter for which traffic-control devices are required may not be
enforced against an alleged violator if at the time and place of the alleged violation an
official device is not in proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a state statute does not state that devices are
required, the statute is effective even though no devices are erected or in place.
3. Whenever an official traffic-control device is placed in a position approximately
conforming to the requirements of this title, the device must be presumed to have been
so placed by the official act or direction of lawful authority, unless the contrary is
established by competent evidence.
4. Any official traffic-control device placed pursuant to the provisions of this title and
purporting to conform to the lawful requirements pertaining to the device must be
presumed to comply with the requirements of this title, unless the contrary is
established by competent evidence.

5. The department may not remove or inactivate a traffic-control signal placed within the
corporate limits of a city and within one thousand feet [304.8 meters] of a public or
nonpublic elementary, middle, or high school without consulting with the city having
jurisdiction of the location where the traffic-control signal is placed, except for
temporary repair or routine maintenance.