The State traffic laws regulating the speed of vehicles shall
be applicable upon all streets within the City, except that the City
may by ordinance declare and determine upon the basis of engineering
and traffic investigation that certain speed regulations shall be
applicable upon specified streets or in certain areas, in which event
it shall be unlawful for any person to drive a vehicle at a speed
in excess of any speed so declared when signs are in place giving
notice thereof.
The City Traffic Engineer is authorized to regulate the timing
of traffic signals so as to permit the movement of traffic in an orderly
and safe manner at speeds slightly at variance from the speeds otherwise
applicable within the district or at intersections and shall erect
appropriate signs giving notice thereof.
[CC 1997 §11-41]
No person shall operate or drive any motor vehicle on any street
within the City at a greater speed than twenty-five (25) miles per
hour, unless a different speed has been established for any given
area.
[CC 1997 §11-42]
It shall be unlawful for any person to drive any motor vehicle
on Highway 13 or Highway 76 inside the City limits within eight hundred
(800) feet of the junction of Highway 13 and Highway 76 at a greater
speed than thirty-five (35) miles per hour.
[Ord. No. 5-2021, 10-12-2021]
It shall be unlawful for any person to drive any motor vehicle
on the City of Branson West's street designated as Business 13 inside
the City limits at a greater speed than thirty-five (35) miles per
hour.
No person shall drive a motor vehicle at such a slow speed as
to impede or block the normal and reasonable movement of traffic,
except when reduced speed is necessary for safe operation or in compliance
with law. Peace Officers may enforce the provisions of this Section
by directions to drivers, and in the event of apparent willful disobedience
to this provision and refusal to comply with direction of an officer
in accordance herewith, the continued slow operation by a driver is
an ordinance violation.
No person shall operate a motor vehicle upon those portions
of the roadways which are set forth and described in Schedule I at
a rate of speed in excess of that speed limit set for such portions
of the roadways by said Schedule.
A.
Prohibited Acts.
1.
The driver of a motor vehicle may not exceed the posted speed limit
within a "construction zone" or "work zone". This Subsection applies
to a construction zone or work zone located upon a street or highway
consisting of two (2) or more marked lanes for traffic moving in the
same direction and for which motor vehicles are instructed to merge
from one (1) lane into another lane by an appropriate sign erected
by the Missouri Department of Transportation or Stone County or the
City of Branson West or a contractor performing work for the Missouri
Department of Transportation or Stone County or the City of Branson
West.
2.
The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone. This Subsection applies
to a construction zone or work zone located upon a highway divided
into two (2) or more marked lanes for traffic moving in the same direction
and for which motor vehicles are instructed to merge from one lane
into another lane by an appropriate sign.
B.
Increased Penalty For Violation Occurring In Designated Construction
Zones.
1.
Upon the first (1st) conviction or plea of guilty by any person for
a moving violation as defined in Section 302.010, RSMo., or any offense
listed in Section 302.302, RSMo., the court shall assess a fine of
thirty-five dollars ($35.00) in addition to any other fine authorized
to be imposed by law, if the offense occurred within a construction
zone or a work zone. Upon a second (2nd) or subsequent such conviction
or plea of guilty, the court shall assess a fine of seventy-five dollars
($75.00) in addition to any other fine authorized to be imposed by
law.
2.
Upon a conviction or plea of guilty by any person for a speeding violation pursuant to either Chapter 320 or a passing violation pursuant to Section 340.180 of this Title, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone established by the Missouri Department of Transportation or Stone County or the City of Branson West and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone.
a.
However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B)(1) of this Section and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (C) of this Section.
b.
The penalty authorized by this Subsection shall only be assessed
by the court if the Missouri Department of Transportation or Stone
County or the City of Branson West or a contractor performing work
for the Missouri Department of Transportation or Stone County or the
City of Branson West has erected signs upon or around a construction
or work zone, which are clearly visible from the street or highway
and which state substantially the following message: "Warning: $250
fine for speeding or passing in this work zone".
C.
Status Of Work Zones, Signs Required.
1.
Active work zones.
a.
Construction zone or work zone. Any area upon or around any street or highway which is visibly marked by the Missouri Department of Transportation, Stone County or the City of Branson West or by a contractor performing work for the Missouri Department of Transportation, Stone County or the City of Branson West as an area where construction, maintenance or other work is temporarily occurring. For all road construction projects, clearly visible signs that substantially state: "Construction zone" or "Work zone" shall be considered sufficient warning for imposition of the thirty-five dollar ($35.00) additional fine prescribed in Subsection (B)(1). The term "construction zone" or "work zone" also includes the lanes of the street or highway leading up to the
area upon which an activity described in this Subsection is being
performed, beginning at the point where appropriate signs directing
motor vehicles to merge from one lane into another lane are posted.
b.
"Work Zone Fine" signs for Missouri Department of Transportation or Stone County or the City of Branson West road construction projects shall be erected in accordance with Subsection (C)(1)(a). upon or around a construction or work zone and must be sixty (60) inches in width and forty-eight (48) inches in height, clearly visible from the street or highway and state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone". Such signs shall be furnished and installed by the contractor.
2.
Inactive work zone.
a.
During any day in which no person is present in a construction zone
or work zone established pursuant to this Section to perform duties
related to the purpose of the zone, the sign "Warning: $250 fine for
speeding or passing in this work zone" shall not be visible to motorists.
During any period of two (2) hours or more in which no person is present
in such zone on a day in which persons have been or will be present
to perform duties related to the reason for which the area was designated
as a construction zone or work zone, the sign "Warning: $250 fine
for speeding or passing in this work zone" shall not be visible to
motorists. The Missouri Department of Transportation or Stone County
or the City of Branson West or a contractor performing work for the
Missouri Department of Transportation or Stone County or the City
of Branson West shall be responsible for compliance with provisions
of this Subsection. Nothing in this Subsection shall prohibit warning
or traffic control signs necessary for public safety in the construction
or work zone being visible to motorists at all times.
D.
This
Section shall not be construed to enhance the assessment of court
costs or the assessment of points pursuant to Section 302.302, RSMo.
[1]
State Law Reference — Similar provisions, §304.580,
RSMo.
