[Ord. No. 21.6 §21-1(a), 9-6-1990]
Chapter 300, RSMo., consisting of Sections
300.010 through 300.600, RSMo., commonly known as the "Model Traffic Ordinance" is hereby adopted as and for the Traffic Ordinance of this City, with the exception of the following Sections of said Model Traffic Ordinance which are not so adopted and which are expressly deleted: Sections 300.070, 300.200, 300.240 and 300.245 and with the exception of the definition of "roadways, streets, or highways". All reference to
"roadways,
streets or highways" shall mean that portion of a street
between the regularly established curb lines, or that part improved
and intended to be used for vehicular travel within the City of Lake
Tapawingo.
[Ord. No. 21 Art. I, 3-11-1963; Ord. No. 442 §1(A), no date;
Ord. No. 21.6 §21-1(a), 9-6-1990; Ord. No. 879 §1, 9-4-2008]
The following words and phrases when used in this Title mean:
ACCIDENT
A collision between a vehicle and another vehicle, person
or stationary object, or the overturn or upset of a vehicle which
results in property damage, personal injury or death; or an entry
into or emerging from a moving vehicle by a person which results in
personal injury or death to such person.
ALL-TERRAIN VEHICLE
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, with
an unladen dry weight of six hundred (600) pounds or less, traveling
on three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator, and handlebars for steering control.
AUTHORIZED EMERGENCY VEHICLE
A vehicle publicly owned and operated as an ambulance, or
a vehicle publicly owned and operated by the State Highway Patrol,
Police, or Fire Department, Sheriff, Constable or Deputy Sheriff,
Traffic Officer, or any privately owned vehicle operated as an ambulance
when responding to emergency calls.
Motor vehicles and equipment which are operated by any member
of an organized Fire Department, whether paid or volunteer, may be
operated within the City of Lake Tapawingo as an emergency vehicle
while responding to a fire call, or at the scene of a fire call, and
while using or sounding a warning siren and while displaying thereon
flashing or rotating blue lights, but sirens and blue lights shall
be used only in bona fide emergencies.
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BICYCLE
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) tandem wheels, except scooters
and similar devices.
BUSINESS DISTRICT
The territory contiguous to and including a highway when
within any six hundred (600) feet along the highway there are buildings
in use for business or industrial purposes, including but not limited
to hotels, banks, or office buildings, railroad stations and public
buildings which occupy at least three hundred (300) feet of frontage
on one (1) side or three hundred (300) feet collectively on both sides
of the highway.
COMMERCIAL VEHICLE
Every vehicle designed, maintained, or used primarily for
the transportation of property.
CONTROLLED ACCESS HIGHWAY
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over the highway, street or roadway.
CROSSWALK
1.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs, or in the absence of curbs
from the edges of the traversable roadway;
2.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
CURB LOADING ZONE
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
DRIVER
Every person who drives or is in actual physical control
of a vehicle.
FREIGHT CURB LOADING ZONE
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight (or passengers).
GOLF CART
A motorized vehicle with three (3) or four (4) wheels that
is not designed to be operated at a speed of more than twenty-five
miles per hour (25 mph), whose purpose can include, but not limited
to, the playing of golf and generally designed to carry persons including
the driver.
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
INTERSECTION
1.
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of
the roadways of two (2) highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict;
2.
Where a highway includes two (2) roadways thirty (30) feet or
more apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection.
In the event such intersecting highway also includes two (2) roadways
thirty (30) feet or more apart, then every crossing of two (2) roadways
of such highways shall be regarded as a separate intersection.
LANED ROADWAY
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
MINOR TRAFFIC VIOLATION
Any violation of a municipal ordinance:
1.
For which the Missouri Department of Revenue is authorized to
assess no more than four points to a person's driving record
upon conviction, and
2.
That does not involve:
b.
The operation of a commercial vehicle,
c.
Exceeding a speed limit by more than 19 miles an hour, or
d.
A violation occurring within a construction zone or a school
zone.
[Ord. No. 955 §1, 9-24-2015]
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three (3) wheels
in contact with the ground, but excluding a tractor.
MOTORIZED BICYCLE
Any two (2) or three (3) wheeled device having an automatic
transmission and a motor with a cylinder capacity of not more than
fifty (50) cubic centimeters, which produces less than three (3) gross
brake horsepower, and is capable of propelling the device at a maximum
speed of not more than thirty (30) miles per hour on level ground.
A motorized bicycle shall be considered a motor vehicle for purposes
of any homeowners' or renters' insurance policy.
OFFICIAL TIME STANDARD
Whenever certain hours are named herein they shall mean standard
time or daylight-saving time as may be in current use in the City.
OFFICIAL TRAFFIC CONTROL DEVICES
All signs, signals, markings and devices not inconsistent
with this Title placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning
or guiding traffic.
OPERATOR
Every person who is in actual physical control of a motor
vehicle upon a highway.
OWNER
Any person, firm, corporation or association, who holds the
legal title to a vehicle or in the event a vehicle is the subject
of an agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the
agreement and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of a vehicle
is entitled to possession, then such conditional vendee or lessee
or mortgagor shall be deemed the owner for the purpose of this law.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
PASSENGER CURB LOADING ZONE
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
PERSON
Every natural person, firm, co-partnership, association or
corporation.
POLICE OFFICER
Every Officer of the Municipal Police Department or any Officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
PRIVATE ROAD OR DRIVEWAY
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
RAILROAD
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
RAILROAD TRAIN
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
RESIDENCE DISTRICT
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of three hundred (300) feet or more is in the main improved with residences
or residences and buildings in use for business.
RIGHT-OF-WAY
The right of one (1) vehicle or pedestrian to proceed in
a lawful manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
ROADWAY
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway
separately but not to all such roadways collectively.
SAFETY ZONE
The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
SCHOOL BUS
Any motor vehicle used solely to transport students to or
from school or to transport students to or from any place for educational
purposes.
SIDEWALK
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians.
STAND OR STANDING
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
STOP
When required, complete cessation from movement.
STOP OR STOPPING
When prohibited, any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a Police Officer
or traffic control sign or signal.
STREET OR HIGHWAY
A street, shall be considered as the entire width between
the lines of every way publicly maintained when any part thereof is
open to the uses of the public for purposes of vehicular travel. A
State Highway shall be considered as a highway maintained by the State
of Missouri as a part of the State Highway system and shall be the
entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes
of vehicular travel.
[Ord. No. 948 §1, 3-19-2015]
THROUGH HIGHWAY
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this Title.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel.
TRAFFIC CONTROL SIGNAL
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
TRAFFIC DIVISION
The Traffic Division of the Police Department of the City,
or in the event a Traffic Division is not established, then said term
whenever used herein shall be deemed to refer to the Police Department
of the City.
TRAILER
Any vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semitrailer
or vehicle of the trailer type so designed and used in conjunction
with a self-propelled vehicle that a considerable part of its own
weight rests upon and is carried by the towing vehicle. The term "trailer"
shall not include cotton trailers as defined in Subdivision (8) of
Section 301.010, RSMo., and shall not include manufactured homes as
defined in Section 700.010, RSMo.
TRUCK
Every motor vehicle designed, used, or maintained primarily
for the transportation of property.
VEHICLE
Any mechanical device on wheels, designed primarily for use,
or used, on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, cotton trailers or motorized wheelchairs operated
by handicapped persons.
[Ord. No. 21.6 §21-6(c), 9-6-1990]
Unless another penalty is expressly provided by law, every person
convicted of a violation of any provision of this Title shall be punished
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
for not more than ninety (90) days, or by both such fine and imprisonment.