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.
[R.O. 2008 §270.105; Ord. No. 600, 5-22-1962]
Except where otherwise provided by signs erected pursuant to
duly passed and approved ordinances, no person shall operate a vehicle
on any street in the City in excess of thirty (30) 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.
[R.O. 2008 §270.010; Ord. No. 600, 5-22-1962]
No person shall operate or drive a motor vehicle in a designated
congested district at a rate of speed in excess of twenty (20) miles
per hour. Those areas designated as congested districts are described
in Schedule I hereof.
[R.O. 2008 §270.115; Ord. No. 600, 5-22-1962]
No person shall operate or drive a motor vehicle in a designated
school zone at a rate of speed in excess of twenty (20) miles per
hour between 8:00 A.M. and 4:00 P.M. on any day when schools are in
session and at such other times as shall be designated by the City
Traffic Engineer in order to protect children and other persons entering
or departing from school premises. Those areas designated as school
zones are described in Schedule I, Table I-C hereof.
[R.O. 2008 §§270.242—270.243; Ord. No. 2317, 6-13-2006]
A.
As
used in Sections 304.582 and 304.585, RSMo., the term "construction
zone" or "work zone" means any area upon or around any highway as defined in Section 300.010, which is visibly marked by the Department of Transportation or a contractor or subcontractor performing work for the Department of Transportation as an area where construction, maintenance, incident removal, or other work is temporarily occurring. The term "work zone" or "construction
zone" also includes the lanes of highway leading up to the
area upon which an activity described in this Subsection is being
performed, beginning at the point where appropriate signs or traffic
control devices are posted or placed. The terms "worker" or "highway worker" as used in Sections 304.582
and 304.585, RSMo., shall mean any person that is working in a construction
zone or work zone, or any employee of the Department of Transportation
that is performing duties under the Department's Motorist Assist Program
on a State highway or the right-of-way of a State highway.
B.
Penalty For Violations.
1.
Prohibited acts.
a.
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, roadway
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 lane into another lane by an appropriate sign erected
by the Missouri Department of Transportation, the City of Olivette,
a contractor performing work for the Missouri Department of Transportation
or the City of Olivette, to include the Olivette Department of Public
Services.
b.
The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone as provided in this
Subsection. Violation of this Subsection is an ordinance violation.
(1)
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 (1) lane into another lane and not
pass by appropriate signs or traffic control devices erected by the
Department of Transportation or a contractor or subcontractor performing
work for the Department of Transportation.
(2)
This Subsection also prohibits the operator of a motor vehicle
from passing or attempting to pass another motor vehicle in a work
zone or construction zone located upon a two (2) lane highway when
highway workers or equipment are working and when appropriate signs
or traffic control devices have been erected by the Department of
Transportation or a contractor or subcontractor performing work for
the Department of Transportation.
2.
Increased penalty for violation occurring in designated construction
zones.
a.
Upon a conviction or a plea of guilty by any person for a moving violation as defined in Section 300.010 of the Code of Ordinances of the City of Olivette, 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.
b.
Upon a conviction or plea of guilty by any person for a speeding violation pursuant to either Section 320.030, 320.060 or a passing violation as stated in this Section, 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, and at the time the speeding or passing violation occurred there was a 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.
(1)
However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B)(2)(a) 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 (B)(3) of this Section.
(2)
The penalty authorized by this Subsection shall only be assessed
by the court if the Missouri Department of Transportation, or a contractor
performing work for the Missouri Department of Transportation or the
City of Olivette 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".
3.
Status of work zones, signs required.
a.
Active work zones. "Work Zone Fine" signs for Missouri Department of Transportation road construction projects shall be erected in accordance with Subsection (B)(3)(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. The City of Olivette Public Services Department will clearly mark any and all work zones with a large visible sign along with a clearly marked sign for any reduction in speed or lane change upon the roadway.
b.
Inactive work zone. 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 a contractor performing work for the
Missouri Department of Transportation 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.
4.
This Section shall not be construed to enhance the assessment of
court costs or the assessment of points pursuant to Section 302.302,
RSMo.
[Ord. No. 2670, 7-9-2019]
It shall be unlawful for any person to operate a motor vehicle
at a speed in excess of a duly-authorized and posted speed limit as
provided in this Code, but notwithstanding any provision to the contrary,
a speeding violation which is over the posted speed limit by five
(5) miles an hour or less shall be a "no-point" speeding violation
as allowed by Section 304.009 of the Revised Statues of Missouri and
shall not be reported to the Missouri Department of Revenue, Division
of Motor Vehicles.
