City of Centralia, MO Article I In General

Section 18-1 Missouri Model Traffic Ordinance adopted; amendments. [1]

[Ord. No. 1229 § 1, 11-12-1984; Ord. No. 1458 §§ 2-3, 11-21-1988; Ord. No. 1622 § 1, 6-17-1991; Ord. No. 2150 §§ 1, 4, 5-21-2001]

A. Pursuant to authority contained in Section 300.600 of the Revised Statutes of Missouri, there is hereby adopted by the Board of Aldermen, except as provided below, that certain Statute of this State known as the Model Traffic Ordinance, being Chapter 300 of the Revised Statutes of Missouri now in effect and as hereafter amended by the General Assembly; and Chapter 300 of the Revised Statutes of Missouri is hereby incorporated in and made a part of this Chapter as fully as though it were set out at length herein except as provided below, and shall have full force and effect within this City for all purposes provided in such statute; and the statute hereby adopted and made a part of this Chapter shall be known and may be cited as the Model Traffic Ordinance.

B. City of Centralia amendments to the Model Traffic Ordinance are as follows:

1. Section 300.415, RSMo., is hereby amended to read as follows:

Standing or parking close to curb or side of road. Except as otherwise provided in Sections 300.415 to 300.435, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within eighteen (18) inches of the right hand curb, and where there are no adjacent curbs, the vehicle shall be stopped or parked with its right side as near the right hand side of the roadway as practicable.

2. Section 300.090, RSMo., is hereby amended to read as follows:

Except as provided below, no person upon roller skates or roller blades or riding in, upon or by means of any skateboard, coaster, scooter, toy vehicle or similar device shall go upon any street or roadway except while crossing a street or a crosswalk and when so crossing, such person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians, including the duty to obey all traffic control devices, signs and signals. This Section shall not apply upon any street while set aside as a play street as authorized by ordinance of the City. This Section shall further not apply to persons described in this Section while authorized to be and who are part of a parade permitted on City streets.

3. Section 300.347, RSMo., is hereby amended to read as follows:

a. No person shall ride a bicycle, skateboard, coaster, sled or similar device or use roller skates upon a sidewalk within the boundaries of the downtown business district or upon a sidewalk abutting either side of any of the streets constituting the boundaries of the downtown business district, said downtown business district being the area bounded by Railroad Street on the north, Hickman Street on the west, Sneed Street on the south and Collier Street on the east.

b. Bicycles, skateboards, coasters, sleds and similar devices may be ridden and roller skates used on all other sidewalks in the City provided they are ridden or used as near to the right side of the sidewalk as practicable, and that the person riding such devices or using said roller skates shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any such pedestrian.

c. No person shall ride a motorized bicycle upon a sidewalk.

4. Section 300.348, RSMo., concerning all-terrain vehicles is hereby repealed.

[1] State Law Reference — For similar provisions, see RSMo., chapter 300. As to all-terrain vehicles, see RSMo., § 300.348. Also see RSMo., § 71.940 et seq.

Cross Reference — As to all-terrain vehicles and snow mobiles, see § 18-25.1. As to regulations of ATVs in parks, see § 21-8. As to penalty, see § 18-64. As to parking, see § 18-35 et seq. As to bicycles, see § 18-58 et seq. As to City traffic engineer, see § 2-48(h).

Section 18-2 Compliance with chapter. [1]

[Ord. No. 739 § 2, 1-9-1961]

It is unlawful and, unless otherwise declared herein with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden, or fail to perform any act required, in this Chapter.

[1] Cross Reference — See § 1-7 for general penalty.

Section 18-2.1 Municipal Ordinance Violation Bureau Clerk. [1]

[Ord. No. 1279 §§ 1-2, 1-27-1986; Ord. No. 2008 § 1, 3-16-1998; Ord. No. 2095 § 7, 12-20-1999; Ord. No. 2275 § 1, 12-15-2003]

A. There is hereby created and established the position of Municipal Ordinance Violation Bureau Clerk. The Clerk shall be appointed by the Mayor, with the advice and consent of the Board of Aldermen and shall serve at the pleasure of the Mayor and the Board of Aldermen. The Clerk shall hold office until his or her successor is appointed and qualified. Any salary paid to the Clerk shall be fixed by ordinance, provided however, that any said salary or other compensation shall not be predicated upon the amount of fines levied or the number of guilty pleas or adjudication of guilt processed through the City of Centralia Municipal Division of the Circuit Court of Boone County, Missouri. Upon temporary disability or inability of the Municipal Ordinance Violation Bureau Clerk to perform his or her duties as set forth in this Code due to illness, absence from the City or other cause, the Mayor shall appoint a temporary Municipal Ordinance Violation Bureau Clerk who shall have the same powers and duties as the regular Municipal Ordinance Violation Bureau Clerk. Such temporary Municipal Ordinance Violation Bureau Clerk shall hold office until the disability of the regular Municipal Ordinance Violation Bureau Clerk is removed or said Clerk returns after being absent. The temporary Municipal Ordinance Violation Bureau Clerk shall receive no additional salary for serving in the position, unless additional compensation is specifically provided for by ordinance adopted by the Board of Aldermen. Further, the Mayor may appoint, with the advice and consent of the Board of Aldermen, an Assistant Municipal Ordinance Violation Bureau Clerk, if it is determined that there is need for such Assistant Municipal Ordinance Violation Bureau Clerk. Such Assistant Municipal Ordinance Violation Bureau Clerk shall assist the Municipal Ordinance Violation Bureau Clerk in carrying out the duties of said Clerk and the said Assistant Municipal Ordinance Violation Bureau Clerk shall have all the same power and authority as the said Clerk. The Assistant Municipal Ordinance Violation Bureau Clerk shall receive no additional salary for serving in that position, unless additional compensation is specifically provided for by ordinance adopted by the Board of Aldermen.

B. The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal Ordinance Violation Bureau Clerk, if any, shall assist the employees and clerks in the office of the Circuit Clerk of Boone County, Missouri, in performing record keeping and clerical work relating to the records of the City of Centralia, Municipal Division of the Circuit Court of Boone County, Missouri. The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal Ordinance Violation Bureau Clerk, if any, are hereby authorized to execute and issue summonses for the information filed by the City Attorney of the City of Centralia, Missouri. The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal Violation Bureau Clerk, if any, are hereby further authorized to accept appearance by defendants, their waiver of trial, their pleas of guilty and their payment of fines and court costs as specified in the Missouri Supreme Court Ordinance Violation Rules and the local court rules of the Thirteenth Judicial Circuit of the State of Missouri pertaining to Municipal Divisions of the Circuit Court. The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal Ordinance Violation Bureau Clerk, if any, in performing his or her duties shall follow all applicable local court rules of the aforesaid Circuit Court pertaining to Municipal Divisions of the Circuit Court.

[1] State Law Reference — For similar provisions, see RSMo., §§ 479.050, 479.060, 479.260, 483.241 and 483.246, and Supreme Court Rule 37.06 and 37.49.

Cross Reference — Also see §§ 2-25, 2-28, 2-29, 22-18 and ch. 25 of this Code.

Section 18-3 Schedules of official traffic control devices and ordinances, etc., relating thereto. [1]

The City Clerk shall maintain appropriate schedules showing the current status of ordinances and of official acts of the City Traffic Engineer relating to:

A. Speed regulations.

B. Designation of through streets.

C. Nonmetered and metered parking.

D. Prohibited and limited uses of designated streets.

E. Places where turning movements are prohibited or limited.

F. Places designated as zones of any classification.

G. Stop and yield intersections.

H. Crosswalks and traffic lanes.

I. Purpose, type and location of official traffic control devices.

J. Such other matters of a similar nature as may be directed by the Board of Aldermen.

[1] State Law Reference — See RSMo., Model Traffic Code § 300.060.

Cross Reference — As to authority of City traffic engineer - City administrator, see § 2-48.

Section 18-4 Removal and impoundment of vehicles obstructing, etc., traffic; recovery of same by owners; applicability of Section to private parking lots, etc. [1]

[Ord. No. 739 § 7, 1-9-1961; Ord. No. 3022, 6-17-2019]

A. On all highways, streets or alleys within the corporate limits, any motor vehicle or other movable object including but not limited to portable basketball goals, trailers, trash containers, or other objects which, by being parked, unparked, stopped, placed, left, erected, stood or driven in an illegal manner, attempts to, or does, congest, obstruct or unduly restrict a free, clear and unimpeded movement of traffic shall, in the discretion of the enforcement officer having jurisdiction, be removed to a place, property or destination remote from such traffic movement and thereby impounded until such time as the registered owner thereof shall claim the same by the full payment of costs accrued for towing, storage while so impounded, court costs and fines assessed as a misdemeanor, or upon the posting of a bond or bonds, as decreed, by the Court having jurisdiction; provided, that the provisions of this Section shall be applicable to private parking lots, or for limited time parking for customers, or where parking is regulated by a fee payment either by parking meter or personal administration, all when duly posted as such.

B. Any person found to be in violation of this Section shall be fined:

1. Fifty dollars ($50.00) for the first (1st) offense.

2. One hundred dollars ($100.00) for the second (2nd) offense.

3. Two hundred fifty dollars ($250.00) for the third (3rd) offense.

[1] State Law Reference — See Model Traffic Ordinance §§ 300.440, 300.445 and 300.450. See also RSMo., §§ 304.155 and 304.157.

Cross Reference — As to obstructing highway, see RSMo., § 18-5. As to owner's responsibility, see § 18-35. As to illegal parking, see §§ 18-56 and 18-57. As to zoning, see § 30-2.

Section 18-5 Regulation and control of obstructing freeways, etc. [1]

[Ord. No. 739 § 15, 1-9-1961; Ord. No. 1374 § 1, 6-15-1987]

A. Parking, unparking, stopping, standing, manner of driving or any other manner of obstructing freeways, travelways or throughways shall be so regulated and controlled, and in such a manner, as to permit a clear, free and unimpeded freeway, travel-way or throughway of not less than twenty (20) feet width on all State and Federal marked highways in this City.

B. Except when in compliance with the directions of a Police Officer, an official traffic control device or with another law, no person shall stop, stand, or park a vehicle upon a roadway, street or highway alongside or opposite another vehicle when said stopping, standing or parking would obstruct traffic.

[1] State Law Reference — See Model Traffic Ordinance §§ 300.440, 300.445, 300.450 and 300.585 for similar provisions.

Cross Reference — As to parking, see § 18-35 et seq.

Section 18-6 Use and results of speed meters, etc., acceptable as evidence; exception. [1]

[Ord. No. 739 § 8, 1-9-1961]

The use of, and results determined, by any speed meter, machine or mechanism which seeks to reduce the error of manual operation to a minimum shall be acceptable as evidence where driving in excess of posted speed limits is the cause of action; except, the use thereof shall not be construed to exclude any competent evidence secured by any other manner or means.

[1] Cross Reference — As to speed limits generally, see § 18-33.

Section 18-7 Prohibited driving age. [1]

[Ord. No. 437 § 76, 12-4-1950; Ord. No. 1824 § 1, 11-21-1994; Ord. No. 2034 § 1, 9-21-1998]

No person under the age of sixteen (16) years shall operate a motor vehicle on the streets of the City, unless the person is at least fifteen and one-half (15 1/2) years of age, has a temporary instruction permit and is accompanied by a parent, grandparent, guardian or authorized designee with a valid driver's license who is occupying a seat beside the driver for the purpose of giving instruction in driving the motor vehicle, or unless the person is at least fifteen (15) years of age, enrolled in a driver training program and accompanied by an approved driving instructor occupying a seat beside the driver. For purposes of this Section, "authorized designee" means a maximum of two (2) persons twenty-one (21) years of age or older authorized by the parent, grandparent or guardian of a person under sixteen (16) years of age to accompany said person under the age of sixteen (16) in the front seat of the vehicle for the purpose of giving instruction in driving the motor vehicle, when said parent, grandparent or guardian has a physical disability which prohibits or disqualifies said parent, grandparent or guardian from being a qualified licensed operator of a motor vehicle. The name of each authorized designee shall be printed on the temporary instruction permit.

[1] State Law Reference — As to minimum age requirements for obtaining driver's license, see RSMo., §§ 302.060 and 302.130.

Section 18-7.1 Driving without a driver's license, riding motorcycle without protective headgear. [1]

[Ord. No. 1824 § 2, 11-21-1994; Ord. No. 1868 § 1, 9-5-1995; Ord. No. 1925 § 1, 9-3-1996; Ord. No. 2150 §§ 2, 5, 5-21-2001]

A. It shall be an ordinance violation for any person to:

1. Operate any vehicle upon any street in the City unless such person has a valid driver's license, except for a person operating a farm tractor or implement of husbandry temporarily on a City street, or except for a person operating a vehicle while authorized to be and who is part of a parade permitted on City streets.

2. Operate a motorcycle or motortricycle upon any street in the City unless such person has a valid driver's license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle.

3. Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any City street by any person whose driver's license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor, except for a person operating a motorcycle or motortricycle while authorized to be and who is part of a parade permitted on City streets.

4. Operate a motor vehicle upon any street in the City with an instruction permit or driver's license issued to another person.

5. Authorize or knowingly permit a motor vehicle owned by such person or under such person's control to be driven upon any City street by any person who is not authorized to drive such motor vehicle under the provisions of Chapter 302 of the Revised Statutes of Missouri, or who is driving such motor vehicle in violation of the provisions of Chapter 302 of the Revised Statutes of Missouri.

B. Every person operating or riding as a passenger on any motorcycle or motortricycle upon any street in the City shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the Missouri Director of Revenue. The fine for a violation of this Subsection shall not exceed twenty-five dollars ($25.00). Further, no court costs shall be imposed upon any person due to a violation of this Subsection, and no points shall be assessed under Section 302.302 of the Revised Statutes of Missouri for a violation of this Subsection.

[1] State Law Reference — For similar provisions, see RSMo., §§ 302.010, 302.020, 302.080, 302.260 and 302.302. As to motorized bicycles driver's license required, see RSMo., § 307.195.

Cross Reference — As to all-terrain vehicles and snow mobiles, see § 18-25. As to general penalty, see § 1-7.

Section 18-7.2 Driving in violation of intermediate driver's license or temporary instruction permit. [1]

[Ord. No. 2297 § 1, 5-17-2004]

A. No person shall operate a motor vehicle on a City street under an intermediate driver's license between the hours of 1:00 A.M. and 5:00 A.M. unless accompanied by a licensed operator for the type of motor vehicle being operated who is actually occupying a seat beside the driver for the purpose of giving instruction in driving the motor vehicle and who is at least twenty-one (21) years of age; except a licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment or in emergency situations as defined by State regulation. Further, no person shall operate a motor vehicle on a City street under an intermediate driver's license unless the driver and all passengers in the licensee's motor vehicle wear safety belts at all times and unless the driver has the intermediate driver's license in his or her possession.

B. No person at least fifteen and one-half (15 1/2) years of age shall operate a motor vehicle on a City street under a temporary instruction permit unless accompanied by a licensed operator for the type of motor vehicle being operated who is actually occupying a seat beside the driver for the purpose of giving instruction in driving the motor vehicle who is at least twenty-one (21) years of age and in the case of any driver under sixteen (16) years of age, the licensed operator occupying the seat beside the driver shall be a grandparent, parent, guardian, authorized designee whose name is printed on the driver's temporary instruction permit, qualified driver training instructor or qualified instructor of a private drivers' education program. Further, no person at least fifteen and one-half (15 1/2) years of age shall operate a motor vehicle on a City street under a temporary instruction permit unless the driver has the temporary instruction permit in his or her possession.

[1] State Law Reference — See RSMo., §§ 302.130 and 302.178.

Section 18-7.3 Driving while revoked or suspended. [1]

[Ord. No. 2701 § 1, 9-17-2012]

A. A person commits the municipal ordinance violation of driving while revoked or suspended if such person operates a motor vehicle on a City street when such person's license or driving privilege has been canceled, suspended, or revoked under the laws of Missouri or any other State and acts with criminal negligence with respect to knowledge of the fact that such person's license or driving privilege has been canceled, suspended, or revoked.

B. Any person convicted of the municipal ordinance violation of driving while revoked or suspended shall be punished by a fine not to exceed three hundred dollars ($300.00).

[1] State Law Reference — See RSMo., § 302.321.

Section 18-8 Motor vehicles to be driven in careful and prudent manner. [1]

[Ord. No. 739 § 9, 1-9-1961; Ord. No. 876 § 1, 12-11-1967]

Every person operating or driving a motor vehicle shall operate and drive the same in a careful and prudent manner and shall exercise at all times the highest degree of care in the operation of same.

[1] State Law Reference — See RSMo., § 304.012 for similar provisions.

Section 18-8.1 Operating motor vehicles or motorcycles in parking lots. [1]

[Ord. No. 1622 § 19, 6-17-1991; Ord. No. 2405 § 1, 3-20-2006]

It shall be unlawful for any person to operate a motor vehicle or motorcycle on a public or private parking lot in any of the following ways:

1. To apply such acceleration or braking so as to cause gravel to be thrown or the pavement disturbed.

2. To apply such acceleration or braking so as to cause the motor vehicle or motorcycle being operated to slide, swerve or spin.

3. To apply such acceleration or braking so as to cause the motor vehicle or motorcycle to leave tire marks on the pavement.

4. To drive in such a way so as to cause loud noise from the engine or tires of the motor vehicle or motorcycle.

5. To drive at a speed in excess of fifteen (15) miles per hour, if one (1) or more speed limit signs are posted in the parking lot.

6. To collide with and cause damage to a motor vehicle, motorcycle, building, structure, fence, wall, utility pole, sign, bush, shrub, tree or a real estate improvement other than set forth herein.

[1] Cross Reference — As to speed, generally, see § 18-33.

Section 18-9 Disposition of "point offenses" upon completion of driver improvement program. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 5, 6-17-1991]

The Municipal Court may, in connection with the disposition of any offense which is a "point offense", resulting in the assessment of points by the State Director of Revenue under the provisions of Section 302.302 of the Revised Statutes of Missouri, order the staying of the assessment of points upon satisfactory completion of a driver improvement program approved by the State Director of the Department of Public Safety, as provided by Section 302.302 of the Revised Statutes of Missouri.

[1] State Law Reference — For similar provisions, see RSMo., § 302.302.

Section 18-9.1 Drunken, etc., driving — driving while intoxicated. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2167 § 1, 9-17-2001]

A person commits the offense of driving while intoxicated if that person operates a motor vehicle while in an intoxicated or drugged condition. A person is in an "intoxicated or drugged condition" when the person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.

[1] State Law Reference — For similar provisions, see RSMo., §§ 577.001 and 577.010.

Cross Reference — As to endangering the welfare of a child, see § 20-50.

Section 18-9.2 Same — driving with excessive blood alcohol content. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 2, 11-20-2000; Ord. No. 2167 § 2, 9-17-2001]

A person commits the offense of driving with excessive blood alcohol content if such person operates a motor vehicle within the City with eight-hundredths of one percent (.08%) or more by weight of alcohol in such person's blood.

[1] State Law Reference — For similar provisions, see RSMo., §§ 577.012.

Cross Reference — As to endangering the welfare of a child, see § 20-50.

Section 18-9.3 Same — "drive" and "operate" defined. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 1, 11-20-2000]

As used in Sections 18-9.1 and 18-9.2, the term "drive" or "operates" means physically driving or operating a motor vehicle.

[1] State Law Reference — For similar provisions, see RSMo., § 577.001.

Section 18-9.4 Same — "percent by weight of alcohol" defined. [1]

[Ord. No. 1200 § 2, 10-11-1982]

As used in Sections 18-9.1 to 18-9.10, the term "percent by weight of alcohol" shall have the same meaning as provided by State law, in Section 577.012 of the Revised Statutes of Missouri.

[1] State Law Reference — For similar provisions, see RSMo., § 577.012.

Section 18-9.5 Same — implied consent to chemical tests. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 2, 6-17-1991; Ord. No. 2124 § 3, 11-20-2000; Ord. No. 2167 §§ 3 — 4, 9-17-2001]

A. Any person who operates a motor vehicle upon a City street shall be deemed to have given consent to, subject to the provisions of Chapter 577 of the Revised Statutes of Missouri, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood if the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition. The test shall be administered at the direction of the Law Enforcement Officer whenever the person has been arrested or stopped for any reason.

B. The test or tests shall be administered and performed in accordance with the provisions of Chapter 577 of the Revised Statutes of Missouri, including the following provisions:

1. The implied consent to submit to the chemical tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content shall be limited to not more than two (2) such tests arising from the same arrest, incident or charge.

2. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a Law Enforcement Officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a Law Enforcement Officer.

3. Upon the request of the person who is tested, full information concerning the test shall be made available to such person.

4. Any person given a chemical test of the person's breath pursuant to this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical testing pursuant to this Section or a field sobriety test shall be admissible as evidence at any trial of a municipal prosecution of such person for driving while intoxicated or driving with excessive blood alcohol content.

C. Upon the trial of any person for violation of the provisions of Section 18-9.1 or Section 18-9.2 arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060 of the Revised Statutes of Missouri shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.

D. The foregoing provisions of this Section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was intoxicated.

E. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (C) of this Section, shall have been performed as provided in Sections 577.020 to 577.041 of the Revised Statutes of Missouri and in accordance with methods and standards approved by the Missouri Department of Health.

F. Any charge alleging a violation of Section 18-9.1 or Section 18-9.2 shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 577.020 to 577.041 of the Revised Statutes of Missouri and rules promulgated thereunder by the Missouri Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:

1. There is evidence that the chemical analysis is unreliable as evidence of the defendant's intoxication at the time of the alleged violation due to the lapse of time between the alleged violation and the obtaining of the specimen; or

2. There is evidence that the defendant was under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

3. There is substantial evidence of intoxication from physical observations of witnesses or admissions of the defendant.

[1] State Law Reference — For similar provisions, see RSMo., §§ 577.020 and 577.037.

Section 18-9.6 Same — procedure on arrest.

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 3, 6-17-1991]

Any arrest for driving while intoxicated shall be handled as any other arrest for an offense of the same severity, except as follows:

A. As soon as practicable following such arrest, the Police Department shall obtain the driving record of the person arrested.

B. No person who has a prior conviction for driving while intoxicated or driving with an excessive blood alcohol content within ten (10) years of the date of the present alleged offense shall be prosecuted through the Municipal Court until after the State Prosecuting Attorney shall have had the opportunity to review the case and to consider filing appropriate State charges.

C. In all other cases the City Prosecuting Attorney shall have the discretion to file the appropriate charge with the Municipal Court, or he may refer the case to the State Prosecuting Official.

D. The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this Section shall not invalidate any prosecution or be cause to overturn any conviction for violations of Section 18-9.1 or 18-9.2, but may be reason for discipline of the City Official(s) violating this Section.

Section 18-9.7 Same — procedure in municipal court for violations of Section 18-9.1.

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 4, 6-17-1991]

No person charged with driving while intoxicated (Section 18-9.1) shall have his case heard in Municipal Court except in accordance with the following procedure:

The defendant must either be represented by an attorney or must voluntarily waive his right to such representation by execution of a written waiver. If the defendant chooses to do neither (or if, because he is an indigent, he is unable to employ an attorney), the prosecution of the case shall be suspended and the case referred to the State Prosecuting Official. Only if the State Prosecuting Official declines to proceed with a State Criminal Prosecution shall the Municipal Prosecution be resumed.

Section 18-9.8 Same — reports to highway patrol. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 4, 11-20-2000]

An arrest without a warrant by a Law Enforcement Officer for a violation of Section 18-9.1 or Section 18-9.2 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated either Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1 1/2) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1 1/2) hours after such violation occurred.

[1] State Law Reference — For similar provisions, see RSMo., § 577.039.

Section 18-9.9 Same — penalties. [1]

[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 6, 6-17-1991; Ord. No. 2124 § 5, 11-20-2000; Ord. No. 2167 § 5, 9-17-2001]

A. Any person convicted of driving while intoxicated shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement in the County Jail for not more than ninety (90) days, or both such fine and confinement.

B. Any person convicted of "driving with excessive blood alcohol content" shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), confinement in the County Jail for not more than ninety (90) days, or both such fine and confinement.

C. Upon a plea of guilty or a finding of guilty for either the offense of driving while intoxicated or driving with excessive blood alcohol content, the court shall order the person to participate in and successfully complete a substance abuse traffic offender program as defined in Section 577.001, Revised Statutes of Missouri. The fees for the substance abuse traffic offender program shall be paid by the person enrolling in the program.

D. Upon a plea of guilty or a finding of guilty for either the offense of driving while intoxicated or driving with excessive blood alcohol content, the court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Centralia Police Department which made the arrest for the costs associated with such arrest. Such costs shall include the reasonable cost of making the arrest, including the cost of any chemical test made as provided by law to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody. The Centralia Police Department may establish a schedule of such costs.

[1] State Law Reference — For similar provisions, see RSMo., §§ 488.5334, 577.001 and 577.049.

Cross Reference — As to penalties, see § 1-7.

Section 18-9.10 Open containers of intoxicating liquor — prohibited — when. [1]

[Ord. No. 1437 §§ 1 — 2, 6-20-1988]

A. No driver or passenger in a motor vehicle shall transport, possess or have within the passenger area of said motor vehicle while on City highways, streets, alleys or other public property in the City any intoxicating liquor, malt liquor or non-intoxicating beer unless such intoxicating liquor, malt liquor or non-intoxicating beer shall be in the original, unopened container with the seal unbroken. The "passenger area" of a motor vehicle shall not include any area of the motor vehicle which is inaccessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback vehicle or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person, provided that no person is occupying, sitting or standing in that area of the vehicle. In the case of a recreational motor vehicle, the living quarters shall not be considered accessible to the driver or any other person. This Section shall apply to any driver or passenger in a motor vehicle while on the above stated public property in the City whether the motor vehicle is parked, stopped or in motion. Provided, however, this Section shall not apply to any passenger in a chartered bus where the driver of said bus is never in the possession of and has no ready access to intoxicating liquor, malt liquor or non-intoxicating beer.

B. No driver or passenger shall consume intoxicating liquor, malt liquor or non-intoxicating beer while in a moving motor vehicle within the City. Provided however, this Section shall not apply to any passenger in a chartered bus where the driver of said bus is never in possession of and has no ready access to intoxicating liquor, malt liquor or non-intoxicating beer. This Section also shall not apply to any passenger in the living quarters of a recreational motor vehicle.

[1] Cross Reference — Also see § 3-1 of this Code for definitions.

Section 18-10 Commercial vehicles prohibited from driving on certain streets. [1]

[Ord. No. 2272 §§ 1 — 2, 12-15-2003]

A. Except as provided below, it shall be unlawful for a driver of a commercial (non-passenger) vehicle to drive on any street where a sign is erected giving notice that through commercial (non-passenger) traffic is prohibited on that portion of that street. This Section shall not apply to the driver of a passenger vehicle, including a pickup truck. This Section further shall not apply to the driver of a commercial (non-passenger) vehicle enroute to a location that can only be reached by vehicle by traveling on a street where through commercial (non-passenger) vehicle traffic is prohibited.

B. In accordance with Section 18-3(D) of the Centralia City Code, the City Administrator as City Traffic Engineer shall cause signs to be erected giving notice that through commercial vehicle (non-passenger) traffic is prohibited on the following streets and public places within the City:

1. Hulen Street, from Howard Burton Drive to Lee Street.

2. Brick Street, from Howard Burton Drive to Lee Street.

3. Southgate Street, from Howard Burton Drive to Jefferson Street.

4. Stone Street, from Switzler Street to Southgate Street.

5. Lee Street, from Switzler Street to Hulen Street.

6. Pratt Street, from Switzler Street to Hulen Street.

7. Howard Burton Drive, from South Street to Booth Street.

8. Head Street, from Jefferson Street to Howard Burton Drive.

9. Early Street, from Jefferson Street to Howard Burton Drive.

10. Booth Street, from Jefferson Street to Howard Burton Drive.

11. Rodemyre Street, from Walnut Street to Howard Burton Drive.

[1] State Law Reference — For similar provisions, also see RSMo., §§ 300.550 and 304.120.

Editor's Note — Ord. No. 2272 § 1, adopted December 15, 2003, repealed Section 18-10 "leaving vehicle unattended with motor running prohibited" and enacted new provisions set out herein. Former Section 18-10 derived from Ord. No. 437 § 72, 12-4-1950.

Section 18-11 Tampering with motor vehicle without owner's permission. [1]

[Ord. No. 1359 § 1, 3-30-1987]

A person commits the ordinance violation of tampering with a motor vehicle if he knowingly receives, possesses, sells, alters, defaces, destroys, unlawfully operates or unlawfully rides in or upon a motor vehicle or trailer without the consent of the owner thereof.

[1] State Law Reference — For similar provisions, also see RSMo., §§ 569.080 and 569.090.

Cross Reference — See also §§ 20-36 and 20-40.

Section 18-12 Restrictions as to washing vehicle.

[Ord. No. 437 § 56(6), 12-4-1950]

It shall be unlawful for any person to wash any motor vehicle, or other vehicle, at such place or in such manner that the water, mud and other debris shall fall upon or flow across any public sidewalk within the City.

Section 18-13 Failure to maintain motor vehicle financial responsibility. [1]

[Ord. No. 2097 § 1, 12-20-1999]

A. A person commits the ordinance violation of failure to maintain motor vehicle financial responsibility when the person is an operator of a motor vehicle and fails to exhibit to a Police Officer a motor vehicle financial responsibility insurance identification card for that vehicle upon the demand of said Police Officer who lawfully stopped said operator or who is investigating an accident while that Police Officer is engaged in the performance of the Police Officer's duties. A motor vehicle operator may exhibit to a Police Officer for the motor vehicle being driven a motor vehicle liability insurance policy, a motor vehicle liability insurance binder or a receipt containing the insurance policy information required to be shown on an insurance identification card as satisfactory evidence of insurance in lieu of an insurance identification card for the motor vehicle being driven. However, no person shall be found guilty of violating this Subsection if the motor vehicle operator demonstrates to the Municipal Court Judge at the Municipal Court proceeding that he or she met the motor vehicle financial responsibility requirements of Missouri law at the time the Police Officer wrote the operator the citation for the motor vehicle financial responsibility violation for failing to exhibit the insurance identification card.

B. It is unlawful for a person to display evidence of motor vehicle liability insurance to a Police Officer knowing there is no valid liability insurance in effect on the motor vehicle as required by Missouri law, or knowing the evidence of liability insurance is illegally altered, counterfeit or otherwise invalid as evidence of insurance. If the Police Officer issues a citation to a motor vehicle operator for displaying invalid evidence of insurance, the officer shall confiscate the evidence for presentation in Municipal Court.

C. It is unlawful for a person to alter an invalid motor vehicle financial responsibility insurance identification card to make it appear valid. It is unlawful for a person to knowingly make, sell or otherwise make available an invalid or counterfeit motor vehicle financial responsibility insurance identification card.

[1] State Law Reference — For similar provisions, see RSMo., §§ 303.024, 303.025, 303.178 and 303.179.

Section 18-13.1 Failure to display currently registered license plates; improper display of license plates. [1]

[Ord. No. 2281 § 1, 2-17-2004]

A. Except as provided below concerning temporary license plates issued by a dealer, it shall be unlawful for any Missouri resident other than the Missouri resident to whom the motor vehicle or trailer license plate or plates were originally issued by the Missouri Department of Revenue to have the license plate or plates in his or her possession, whether in use or not; except that the buyer of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license plate or plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or trailer, with such transferred license plate or plates to be lawful for no more than thirty (30) days. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application for registration of such purchased motor vehicle or trailer may lawfully operate the same within the City for a period of thirty (30) days after taking possession of the motor vehicle or trailer if during such thirty (30) day period the motor vehicle or trailer shall have attached thereto the temporary dealer license plate or plates issued from the dealer. It shall be unlawful to operate a motor vehicle or trailer within the City with temporary dealer license plates except as authorized above. It shall be unlawful for such temporary dealer license plate or plates to be displayed by an operator on any other motor vehicle or trailer being operated within the City except the motor vehicle or trailer as authorized above.

B. Except as permitted in Subsection (A) above and except for those commercial motor vehicles and trailers with permanent non-expiring license plates, no person shall operate a motor vehicle or trailer owned by a Missouri resident upon any street within the City unless said motor vehicle or trailer shall have displayed thereon the license plate or set of license plates issued for said motor vehicle or trailer by the Missouri Department of Revenue and displaying current, non-expired annual or biennial registration tab or tabs issued for said motor vehicle or trailer.

C. Except for temporary permits or paper license plates, it shall be unlawful for a person to operate within the City a motor vehicle or trailer owned by a Missouri resident if the license plate or set of license plates issued for said motor vehicle or trailer are displayed on the motor vehicle or trailer in such a way as to not be in compliance with the following provisions:

1. Each such license plate shall be securely fastened to the motor vehicle or trailer in a manner so that all license numbers and letters shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired;

2. Each such license plate shall be fastened to all motor vehicles except buses, trucks, tractors and truck tractors on the front and rear of such vehicles not less than eight (8) inches nor more than forty-eight (48) inches above the ground, with the letters and numbers of each license plate to be right side up;

3. Each such license plate shall be fastened and displayed on the rear on trailers, motorcycles, motortricycles and motor scooters with the letters and numbers on each license plate to be right side up; and

4. Each such license plate shall be fastened to buses (other than school buses), trucks, tractors and truck tractors on the front of such motor vehicles not less than eight (8) inches nor more than forty-eight (48) inches above the ground with the letters and numbers on each license plate to be right side up or if two (2) license plates are issued for the motor vehicle, displayed then in the same manner on the front and rear of such motor vehicles.

D. It shall be unlawful for any person to fasten to any motor vehicle within the City any license plate or license plates voided by the Missouri Department of Revenue.

[1] State Law Reference — For similar provisions, see RSMo., §§ 301.130, 301.140 and 301.150.

Section 18-14 Highways in City declared throughways; duty of traffic to stop. [1]

[Ord. No. 739 § 13, 1-9-1961]

All State and Federal marked highways within this City are hereby declared throughways, and all traffic operating in the City shall come to a complete stop before operating onto or across such declared throughways.

[1] State Law Reference — Declaring City streets, etc., described by City ordinances through streets, see Model Traffic Ordinance § 300.255. As to stop and yield signs, see Model Traffic Ordinance § 300.270.

Section 18-15 Leaving the scene of an accident. [1]

[Ord. No. 2035 § 1, 9-21-1998]

A. A person commits the ordinance violation of leaving the scene of a motor vehicle accident when, being the driver of a vehicle on a City street or alley or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to the driver's culpability or to accident, the driver leaves the place of the injury, damage or accident without stopping and giving the driver's name, residence (including City and street number), motor vehicle license number and driver's license number to the injured party or to a Police Officer, or if no Police Officer is in the vicinity, then to the nearest Police Station.

B. For the purposes of this Section, all Police Officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned parking lot or parking facility for the purpose of investigating an accident and performing all necessary duties regarding such accident.

[1] State Law Reference — See RSMo., §§ 577.060 and 300.110.

Section 18-16 Passing school bus; compliance generally of school buses with certain regulations. [1]

[Ord. No. 739 § 19, 1-9-1961; Ord. No. 1622 § 8, 6-17-1991]

A. Any driver of a vehicle upon any street, alley or highway within this City, upon meeting or overtaking from either direction any school bus which has stopped for the purpose of receiving or discharging any school children or other passengers when the driver of such school bus has, in the manner prescribed by law, given a signal to stop, shall stop such vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signalled by its driver to proceed.

B. Every such school bus operating within this City shall comply with all State Statutes and rules and regulations of the State Board of Education in and for the operation thereof.

C. If any vehicle is witnessed by a Police Officer or the driver of a school bus to have violated the provisions of this Section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. In the event that charges are filed against multiple owners of a motor vehicle, only one (1) of the owners may be convicted and court costs may be assessed against only one (1) of the owners.

[1] State Law Reference — Including specific regulations for operation of school bus, see RSMo., § 304.050.

Cross Reference — As to passing other vehicles, see § 18-29. As to trespass of a school bus, see § 20-42.

Section 18-17 Rules for proceeding through school zone. [1]

[Ord. No. 619 § 10, 1-6-1958; Ord. No. 2550 § 1, 12-15-2008]

It shall be unlawful for the driver of any vehicle, at times when appropriate signs are in place, to proceed through a crosswalk in a school zone when pedestrians are present without bringing such vehicle to a full stop or to proceed through a school zone without exercising due caution and care or to proceed through a school zone at a speed in excess of twenty (20) miles per hour.

[1] Cross Reference — As to general speed limits, see § 18-33.

Section 18-18 Construction of vehicles for transporting dead animals. [1]

[Ord. No. 739 § 33, 1-9-1961]

All vehicles used in the transportation of the bodies of dead animals under the provisions of this Chapter, shall have a tank or metal lining in the bed of such vehicle, so that no drippings or seepage from dead bodies shall escape from such vehicle while engaged in such transportation, and every vehicle shall have a bed of such depth and type of construction and equipment that any dead bodies therein shall be completely hidden from view of persons using the highways, streets or alleys and any public nuisance obviated while being transported.

[1] State Law Reference — For similar provisions, see RSMo., § 269.130.

Cross Reference — As to trucks containing livestock, see § 18-37. As to transporting wild animals, see § 20-48.

Section 18-19 Vehicles carrying certain projecting objects to have red light or flag. [1]

[Ord. No. 437 § 69, 12-4-1950]

All vehicles carrying poles or other objects which project more than five (5) feet from the rear of such vehicles, shall, during the period when lights are required by this Chapter, carry a red light at or near the rear end of the pole or other objects so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.

[1] State Law Reference — See RSMo., § 307.170(5).

Section 18-20 Overloaded, etc., vehicles prohibited. [1]

[Ord. No. 739 § 30, 1-9-1961; Ord. No. 1622 § 9, 6-17-1991]

A. All motor vehicles, and every trailer and semitrailer operating upon City streets or alleys and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semitrailer as a result of wind pressure or air pressure and/or by the movement of the vehicle, trailer or semitrailer shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer, or semitrailer while being transported or carried.

B. It shall be unlawful for any person operating a motor vehicle, trailer or semitrailer which is carrying goods or material or farm products upon City streets or alleys that may reasonably be expected to become dislodged and fall from the vehicle, trailer or semitrailer, to permit any part or portion of such load to fall upon any street or alley or to cause injury to any person or to cause damage to any property by such falling.

[1] State Law Reference — Establishing weight and load restrictions for vehicles, providing penalties for violation, etc., see RSMo., §§ 304.180, 304.230 and 304.240. As to loads which may be dislodged, see RSMo., § 307.010.

Cross Reference — As to transporting garbage, see § 13-3. As to litter dropped from a vehicle, see § 17-7.

Section 18-21 Weight regulations. [1]

[Ord. No. 739 § 35, 1-9-1961; Ord. No. 1622 § 10, 6-17-1991]

A. No vehicle or combination of vehicles shall be moved or operated on any highway, street or alley in this City having a greater weight than that described under Section 304.180 of the Revised Statutes of Missouri.

B. The local officials and State Highway Commission, or their legal agents for their respective jurisdiction, whenever by thawing of frost, rains or soft conditions due to construction, reconstruction and maintenance, adverse critical weather conditions, or other causes detrimental to the surface or physical condition of such highways, streets and alleys in this City are made more hazardous than under normal conditions, are hereby authorized to limit such weights described under Paragraph A to such an amount and in such manner as will preserve their economical use by the general public. When such streets, alleys or highways are posted or marked, it shall be unlawful to transport any gross load in excess of the posted notice, and, in addition to conviction and punishment for a misdemeanor, the registered owner thereof shall be held liable in any Court of competent jurisdiction for destructive damages to the surface and physical conditions pertaining, by an action of the State, County or other interested person.

C. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Section 304.240 of the Revised Statutes of Missouri, provided that no punishment shall be in excess of that allowed by Section 1-7. The same punishment shall apply where weights are found to be in excess of those posted, under the provisions of this Section.

[1] State Law Reference — For similar provisions, see RSMo., §§ 304.180, 304.210 and 304.240.

Cross Reference — As to penalty, see § 1-7 of this Code.

Section 18-22 Height, width and length of vehicles restricted; exceptions. [1]

[Ord. No. 619 § 6, 1-6-1958; Ord. No. 1622 § 11, 6-17-1991]

A. No vehicle operated upon City streets shall have a width, including load, in excess of ninety-six (96) inches, except clearance lights, rearview mirrors or other accessories required by Federal, State or City law or regulation. No vehicle operated upon City streets shall have a height, including load, in excess of thirteen and one-half (13 1/2) feet, except that any vehicle or combination of vehicles transporting automobiles or other motor vehicles may have a height, including load, of not more than fourteen (14) feet, and except that vehicles on a route designated by the Chief Engineer of the State Highways and Transportation Department may have a height, including load, of not more than fourteen (14) feet. No single motor vehicle operated upon City streets shall have a length, including load, in excess of forty (40) feet. No combination of vehicles upon City streets shall have an overall length, unladen or with load, in excess of fifty-five (55) feet, except that a combination of truck-trailer and semitrailer may have a length, including load, of not more than sixty-five (65) feet, and except that a combination of truck-tractor, trailer and semitrailer may have a length, including load, of not more than sixty-five (65) feet. Any vehicle or combination of vehicles transporting automobiles or other motor vehicles may carry a load which extends no more than three (3) feet beyond the front and four (4) feet beyond the rear of the transporting vehicle or combination of vehicles.

B. The restriction set forth in this Section shall not apply to agricultural implements operating occasionally on City streets for short distances, or to self-propelled hay-hauling equipment or to implements of husbandry, or to vehicles temporarily transporting agricultural implements or implements of husbandry or roadmaking machinery, or road materials, or towing for repair purposes vehicles that have become disabled upon the streets; or to implement dealers delivering or moving farm machinery for repairs on City streets. Implements of husbandry must be operated no more than occasionally for short distances on City streets between the hours of sunrise and sunset and may not exceed a width of eleven (11) feet, six (6) inches.

[1] State Law Reference — Regulating width, height and length of vehicles, see RSMo., § 304.170.

Section 18-23 Motorcycles carrying more than one person. [1]

[Ord. No. 437 § 70, 12-4-1950]

No motorcycle shall be employed to carry any other person besides the driver, unless a special seat is provided for such additional person, and no such additional person shall be seated in front of the driver of such motorcycle.

[1] State Law Reference — For similar provisions, see RSMo., § 300.345.

Section 18-24 Lugs, cleats, etc., on metal tired vehicles prohibited on paved streets; exceptions. [1]

[Ord. No. 437 § 86, 12-4-1950]

A. The term "paved street" within the meaning of this Section is hereby defined to mean any street the surface of which is paved or improved by the laying of any brick, concrete, asphalt, or rock and asphalt paving material.

B. No person shall operate, drive, run, haul, pull or propel any metal tired steam engine, traction engine, tractor, or other metal tired vehicle on, along or over any paved street in the City, if such vehicle has on the periphery of any of the road wheels any lug, flange, cleat, ridge, bolt or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire, unless the surface of the street is protected by putting down in such street solid planks or other suitable material of sufficient thickness for such vehicle to pass over and along, so as to prevent such vehicle from damaging such street, or unless suitable bands, tires or other appliances are attached to the wheels of such vehicle so as to prevent such vehicle from damaging such street.

[1] State Law Reference — For similar provisions, see RSMo., § 304.250.

Section 18-25 Throwing, etc., certain objects on streets prohibited. [1]

[Ord. No. 437 § 87, 12-4-1950]

No person shall throw or place, or cause to be thrown or placed, in or upon any street any tacks, nails, wire, scrap metal, glass, crockery, sharp stones or other substances injurious to the feet of persons or animals, or to the tires or wheels of vehicles, including motor vehicles. Any person who has purposely, accidentally, or by reason of an accident dropped from his person or any vehicle any such substance upon the street shall immediately make all reasonable efforts to clear such streets of the same.

[1] State Law Reference — See RSMo., § 304.160 for similar provisions.

Cross Reference — As to litter generally, see ch. 17 of this Code. As to litter in public places, see § 17-1. As to littering from vehicle, see § 17-6. As to litter in park, see §§ 17-8 and 21-10. As to fireworks on street, see § 11-4.

Section 18-25.1 Regulation of all-terrain vehicles and prohibition of snow mobiles. [1]

[Ord. No. 1430 § 1, 5-16-1988; Ord. No. 2150 § 3, 5-21-2001; Ord. No. 2324 § 1, 11-15-2004]

A. As used in this Section, "all-terrain vehicle" shall have the following meaning: Any motorized vehicle manufactured to be used exclusively for off-highway use, traveling on three, four or more low pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control.

B. As used in this Section "snowmobile" shall have the following meaning: Any self-propelled machine or device which travels on one or more fabric and/or rubber belts, kept in motion by one or more driving wheels, so that the machine or device moves forward with the revolutions of the belt or belts, with two skids on the front of the machine or device.

C. It shall be unlawful for a person to operate a snowmobile at any time on City highways, streets, alleys, other public property in the City intended for vehicle operation, or public sidewalks.

D. It shall be unlawful for a person to operate an all-terrain vehicle at any time on public sidewalks.

E. No person shall operate an all-terrain vehicle at any time upon City streets, alleys, highways or other public property in the City intended for vehicle operation, except as follows:

1. All-terrain vehicles owned and operated by a governmental entity for official use; or

2. All-terrain vehicles operated for agricultural purposes or industrial on-premise purposes between the official sunrise and sunset of the day of operation; or

3. All-terrain vehicles whose operators are authorized to be and who are part of a parade permitted on City streets; or

4. All-terrain vehicles whose licensed operators carry a special use permit issued to them by the City for physically disabled persons as specified below. The City Clerk may issue a special use permit to a physically disabled, licensed driver, who meets the following requirements, to use an all-terrain vehicle on City streets, alleys or other public property in the City intended for vehicle operation if the all-terrain vehicle and physically disabled driver meet all other applicable requirements of this Section and if the all-terrain vehicle is restricted to the uses set forth below. The physically disabled, licensed driver shall be so severely and permanently disabled as to be unable to move freely without aid of a wheelchair as certified in writing by a licensed physician, which said written certification shall be carried at all items by the disabled person while driving the all-terrain vehicle. Such driver shall drive an all-terrain vehicle on such City streets, alleys or other public property in the City intended for vehicle operation for the following uses only: To drive from the physically disabled person's residence directly to his or her place of employment and back, to drive from the physically disabled person's residence directly to a specific park facility and back, to drive to and from a location where volunteer work is performed by said person, to drive to and from the residence of said person's relatives and to drive to and from businesses to purchase food, clothing, personal care products, household products and similar necessary items for said person. No fee shall be charged for the permit. The permit is valid for one (1) year, but may be renewed under the same criteria as the initial permit. No other person may use this permit.

F. A person operating an all-terrain vehicle pursuant to an exception covered in Subsection (E) of this Section shall have a valid operator's or chauffeur's license, but shall not be required to have passed an examination for the operation of a motorcycle. Further, the vehicle shall be operated at a speed no greater than the speed limit for motor vehicles or thirty (30) miles per hour, whichever speed is less. When operated pursuant to an exception covered in Subsection (E) of this Section, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven (7) feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty (30) square inches and shall be day-glow in color. Further, the all-terrain vehicle shall be registered with the Missouri Department of Revenue, when required by state law.

G. Provided that operation of an all-terrain vehicle is permitted under an exception covered in Subsection (E) of this Section, no person shall operate an all-terrain vehicle:

1. In any careless way so as to endanger the person or property of another; or

2. While under the influence of alcohol or any controlled substance; or

3. Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen (18) years of age; or

4. While carrying a passenger, except for agricultural purposes.

H. When operated pursuant to an exception covered in Subsection (E) of this Section, an all-terrain vehicle (unless used in competitive events) shall have the following equipment:

1. An equilateral triangular emblem, to be mounted on the rear of such vehicle at least two (2) feet above the roadway. The emblem shall be constructed of substantial material with a fluorescent yellow-orange finish and a reflective, red border at least one (1) inch in width. Each side of the emblem shall measure at least ten (10) inches; and

2. A braking system maintained in good operating condition; and

3. An adequate muffler system in good working condition, and a United States Forest Service qualified spark arrester.

I. Operation of an all-terrain vehicle or snowmobile in City parks shall be governed by Section 21-8 of the Centralia City Code.

J. No person shall operate an all-terrain vehicle or snowmobile on private property in the City without the consent of the owner or occupant of said property. Any person operating an all-terrain vehicle or snowmobile upon lands of another shall stop and identify himself upon request of the landowner or occupant. No person shall operate an all-terrain vehicle or snowmobile on public property in the City not intended for vehicle operation without the written consent of the Mayor or City Administrator.

[1] State Law Reference — For similar provisions, see RSMo., §§ 300.348, 301.010 definitions and 304.013. As to handicapped status, see RSMo., § 301.142. As to equipment required, see RSMo., § 307.198.

Cross Reference — For additional provisions, see §§ 18-7.1 and 21-8 of this Code. As to parades in general, see ch. 20.1.

Section 18-25.2 Motorized play vehicles and motorized scooters prohibited on City streets except during parades. [1]

[Ord. No. 2354 § 1, 6-20-2005]

A. As used in this Section, "motorized play vehicle" means a miniature two-wheeled motorcycle (sometimes referred to as a "pocket bike") or four-wheeled go-cart that is self propelled by a motor or engine that is capable of transporting a person or persons at a speed in excess of five (5) miles per hour, but excluding a motorized bicycle and an electric personal assistive mobility device (sometimes referred to as a Segway) as defined by Missouri State law and further excluding a golf cart and a motorized wheelchair operated by a handicapped person.

B. As used in this Section, "motorized scooter" means any two-wheeled, three-wheeled or four-wheeled device having handlebars that are attached to a footboard, which is designed to be either stood upon by the operator or equipped with a seat and is powered by a motor that is capable of propelling the device with or without human propulsion, but excluding a motorized bicycle and an electric personal assistive mobility device (sometimes referred to as a Segway) as defined by Missouri State law.

C. It shall be unlawful for a person to operate or ride on a motorized play vehicle or motorized scooter at any time upon City streets, alleys, highways, public sidewalks or other public property in the City intended for vehicle operation, except that a motorized play vehicle or motorized scooter may be operated on City streets when the operator is authorized to be in and who is part of a parade permitted on City streets.

[1] State Law Reference — As to motorized bicycles, see § 307.180. As to segway, see § 307.205.

Section 18-25.3 Low-speed vehicles operated on City streets — requirements. [1]

[Ord. No. 2544 § 1, 10-20-2008; Ord. No. 2638 § 1, 3-21-2011]

A low-speed vehicle meeting the requirements of Section 304.029, RSMo., including the manufacturing requirements set forth in the State Statute and including being the type of vehicle defined in 49 Code of Federal Regulations Section 571.3, as amended, shall be allowed to be operated upon City streets, alleys and highways if the operator of the low-speed vehicle meets all operator requirements set forth in the State Statute and in addition operates the low-speed vehicle in accordance with the following additional requirement adopted by the City because the Board of Aldermen of City determines that such requirement is necessary in the interest of public safety: A low-speed vehicle shall not be operated on any portion of a City street or highway with a posted speed limit greater than thirty-five (35) miles per hour; provided however, that this additional requirement shall not prohibit an operator of a low-speed vehicle otherwise meeting all applicable requirements from crossing a City street or highway with a posted speed limit greater than thirty-five (35) miles per hour.

[1] State Law Reference — As to similar provisions, see RSMo., § 304.029.

Section 18-25.4 Stock golf carts operated on City streets — requirements. [1]

[Ord. No. 2629 § 1, 1-17-2011]

A. A "golf cart", defined as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour, shall be allowed to be operated upon City streets, alleys and highways if all the following requirements are met:

1. The golf cart operator shall possess a valid driver's license.

2. The golf cart shall be equipped with adequate brakes, but shall not be required to be registered or have any license plates.

3. The golf cart shall be operated primarily for non-commercial purposes.

4. The golf cart shall be insured for liability coverage for operation of the golf cart upon a City street, alley or highway, and the insurance policy insuring the golf cart with such liability coverage shall be kept at all times with the golf cart. Such liability insurance policy shall be promptly exhibited to a Police Officer upon demand of the Police Officer.

5. No golf cart shall be, operated upon a City street, alley or highway after sunset and before sunrise unless the golf cart is equipped with headlights, taillights, brake stop lights and turn signal lights that are operable and properly displayed while the operator is operating the golf cart after sunset and before sunrise upon a City street, alley or highway.

6. No golf cart shall be operated upon any State highway, and no golf cart shall be operated upon a City street with a posted speed limit greater than thirty-five (35) miles per hour, provided however, that this shall not prohibit a golf cart operator otherwise meeting all applicable requirements from crossing the golf cart at an intersection of any State highway or a City street with a posted speed limit greater than thirty-five (35) miles per hour so long as the posted speed limit of the State highway or City street at the point of crossing is not greater than forty-five (45) miles per hour.

7. The golf cart operator and any passengers in the golf cart shall wear a properly adjusted and fastened safety belt, provided the golf cart is equipped with such a safety belt for the operator and/or said passengers, unless any such person has a medical reason for failing to have a safety belt fastened about his or her body.

8. Except as otherwise provided in this Section, the golf cart operator shall observe all State traffic laws and City ordinance provisions regarding the rules of the road while operating the golf cart upon a City street, State highway or alley.

B. No person shall operate a golf cart on a City street, State highway or alley:

1. In a careless way so as to endanger the person or the property of another; or

2. While under the influence of alcohol or any controlled substance.

[1] State Law Reference — As to similar provisions, see RSMo. § 304.034.

Section 18-25.5 Inspection, permits and registration required to operate low-speed vehicle, golf carts, or utility vehicle on City streets, roads, or alleys.

[Ord. No. 2998, 2-19-2019]

A. Prior to operating a low-speed vehicle, golf carts, or utility vehicle on the City streets, roads, or alleyways, except to travel to the point of inspection, it must be inspected by a member of the Centralia Police Department. The inspection shall be conducted to ensure all regulations and safety requirements are met.

B. The Chief of Police is hereby designated as the City official with the authority to issues special use permits for low-speed vehicle, golf carts, or utility vehicle. A fifteen dollar ($15.00) fee shall be collected upon the issuance of the permit. A permit shall not be issued until the fee is paid. The fees shall be deposited into the General Fund of the City and shall be valid for one (1) year.

C. No person shall operate a low-speed vehicle, golf carts, or utility vehicle until it has passed the inspection and been registered with the City. Proof of financial responsibility, covering the low-speed vehicle, golf carts, or utility vehicle to be registered, for operation on public roads with no less the minimal insurance amounts as set forth by the Missouri Revised Statutes as they may be amended from time to time.

D. Penalty. Any person found guilty of violating the provisions of this Section 18-25.5 shall be sentenced and fined in accordance with Sections 479.353 through 479.530, RSMo., as currently enacted and amended and a six-month suspension of right to use such vehicle.

Section 18-25.6 Utility vehicles, operation on City streets, exceptions.

[Ord. No. 2998, 2-19-2019]

A. As used in this Section, “utility vehicle” or “UTV” shall mean any motorized vehicle manufactured and used exclusively for off-highway use which is more than fifty (50) inches but no more than sixty-seven (67) inches in width, with an unladen dry weight of two thousand (2,000) pounds or less, traveling on four (4) or six (6) wheels, to be used primarily for landscaping, lawn care, or maintenance purposes.

B. No person shall operate a utility vehicle, as defined in this Section, upon the highways of this State or in this City, except as follows:

1. Utility vehicles owned and operated by a governmental entity for official use;

2. Utility vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation, unless equipped with proper lighting;

3. Utility vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads when operated between the hours of sunrise and sunset;

4. Utility vehicles operated pursuant to a City-issued permit for their operation on City streets, roads, and alleys with such permit being properly displayed on the UTV; and

5. Any person operating a utility vehicle pursuant to this Section shall maintain proof of financial responsibility in accordance with Section 303.160, RSMo., or maintain any other insurance policy providing equivalent liability coverage for a utility vehicle.

C. No person shall operate a utility vehicle within any stream or river in this State, except that utility vehicles may be operated within waterways which flow within the boundaries of land which a utility vehicle operator owns, or for agricultural purposes within the boundaries of land which a utility vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system.

D. A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subdivision (3) of Subsection (B) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.

E. No persons shall operate a utility vehicle:

1. In any careless way so as to endanger the person or property of another; or

2. While under the influence of alcohol or any controlled substance; or

3. In a manner which disturbs the public peace.

F. No operator of a utility vehicle shall carry a passenger, except for agricultural purposes. The provisions of this Subsection shall not apply to any utility vehicle in which the seat of such vehicle is designed to carry more than one (1) person and which are equipped with working seat belts.