[R.O. 2008 §16-1; Ord. No. 977 §1(1.1) — (1.94), 1-5-1981; Ord. No. 1006 §§1, 3, 12-14-1981; Ord. No. 1577 §1, 5-10-1993; Ord.
No. 2049 §§1 — 2, 1-24-2000; Ord. No. 5243 §4, 2-13-2012; Ord. No. 5264 §§12 —
13, 8-27-2012]
The following words and phrases, unless otherwise defined herein,
when used in this Title, mean:
An unintended event that produces injury or damage. The word
"injury" includes "fatal injury". A motor vehicle accident is an accident
involving a motor vehicle in transport, but not including aircraft
or watercraft.
Any substance containing any form of alcohol including, but
not limited to, ethanol, methanol, propanol and isopropanol.
As used in this Title, percent by weight of alcohol in the
blood shall be based upon grams of alcohol per one hundred (100) milliliters
of blood or two hundred ten (210) liters of breath and may be shown
by chemical analysis of the person's blood, breath, saliva or urine.
For the purposes of determining the alcoholic content of a person's
blood under this Section, the test shall be conducted in accordance
with the provisions of Sections 577.020 to 577.041, RSMo.
Any motorized vehicle manufactured and used exclusively for
off-highway use, with an unladen dry weight of one thousand five hundred
(1,500) pounds or less, traveling on three (3), four (4) or more non-highway
tires, with either: (a) a seat designed to be straddled by the operator,
and handlebars for steering control, or (b) a width of fifty (50)
inches or less, measured from outside of tire rim to outside of tire
rim, regardless of seating or steering arrangements.
[Ord. No. 5414 §1, 2-9-2015; Ord. No. 5713, 9-14-2020]
With one (1) leg on each side.
A three-wheeled motor vehicle which the drivers and passengers
ride in a partially or completely enclosed non-straddle seating area
that is designed to be controlled with a steering wheel and pedals,
and that has met applicable Department of Transportation National
Highway Traffic Safety Administration requirements or Federal Motor
Cycle Safety Standards.
[Ord. No. 5540 § 1, 8-28-2017]
The total load transmitted to the road by all wheels whose
centers are included between two (2) parallel transverse vertical
planes forty (40) inches apart, extending across the full width of
the vehicle.
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) tandem wheels or two (2) parallel
wheels and one (1) or two (2) forward or rear wheels, all of which
are more than fourteen (14) inches in diameter, except scooters and
similar devices.
A piece of headgear which meets or exceeds the impact standard
for protective bicycle helmets set by the U.S. Consumer Products Safety
Commission Federal safety standards, those developed by the American
National Standards Institute (ANSI), the Snell Memorial Foundation
or the American Society of Testing and Materials (ASTM).
A motor vehicle designed primarily for the transportation
of a driver and eight (8) or more passengers, but not including shuttle
buses.
A portion of a roadway adjacent to the curb which has been
marked by appropriate signs or painted markings and which is primarily
reserved for the use of buses while loading and unloading passengers.
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.
A continuous or broken line marked upon the surface of a
roadway by paint or otherwise to indicate each portion of the roadway
allocated to traffic proceeding in opposite directions and, if the
line is not so painted or otherwise marked, it is an imaginary line
in the roadway equally distant from the edges or curbs of the roadway.
A person who is employed for the principal purpose of operating
a motor vehicle or any person who drives a motor vehicle while in
use as a public or common carrier of persons or property for hire.
A license issued by this State to an individual, which authorizes
the individual to operate a commercial motor vehicle.
A motor vehicle designed or regularly used for carrying freight
and merchandise or more than eight (8) passengers, but not including
vanpools or shuttle buses.
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.
Any final conviction; also a forfeiture of bail or collateral
deposited to secure a defendant's appearance in court, which forfeiture
has not been vacated, shall be equivalent to a conviction, except
that when any conviction as a result of which points are assessed
under Section 302.302, RSMo., is appealed, the term "conviction" means the original judgment of conviction for the purpose of determining
the assessment of points and the date of final judgment affirming
the conviction shall be the date determining the beginning of any
license suspension or revocation under Section 302.304, RSMo.
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.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
The lateral boundaries of that portion of the street designated
for the use of vehicles, whether marked with curbstones or not.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
The period of time from one-half (½) hour before sunrise
to one-half (½) hour after sunset.
Any person engaged in the sale or exchange of new, used or
reconstructed motor vehicles or trailers.
Any partially dismantled, non-operating, wrecked or junked
motor vehicle of any type left or abandoned by its owner or guardian
upon any highway, street, roadway, thoroughfare or private property
within this City.
The Director of the State Department of Revenue.
The operation of two (2) or more vehicles from a point side
by side at accelerating speeds in a competitive attempt to outdistance
each other or the operation of one (1) or more vehicles over a common
selected course, from the same point to the same point, for the purpose
of comparing the relative speeds or power of acceleration of such
vehicle or vehicles within a certain distance or time limit.
Every person who drives or is in actual physical control
of a vehicle.
A license, permit or privilege to drive a motor vehicle issued
under or granted by the laws of this State. The term includes any
temporary license or instruction permit, any non-resident driving
privilege and the privilege of any person to drive a motor vehicle
whether or not the person holds a valid license.
A bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than seven-hundred-fifty
(750) watts that meets the requirements of one of the following three
(3) classes:
[Ord. No. 5762, 1-24-2022]
"Class 1 electric bicycle", an electric bicycle equipped with
a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches the speed
of twenty (20) miles per hour;
"Class 2 electric bicycle", an electric bicycle equipped with
a motor that may be used exclusively to propel the bicycle and that
is not capable of providing assistance when the bicycle reaches the
speed of twenty (20) miles per hour; or
"Class 3 electric bicycle", an electric bicycle equipped with
a motor that provides assistance only when the rider is pedaling and
that ceases to provide assistance when the bicycle reaches the speed
of twenty-eight (28) miles per hour.
The towing of a motor vehicle or derelict motor vehicle that
presents a real or imminent danger or hazard to the safety of others
or a menace to traffic.
A vehicle of any of the following types:
[Ord. No. 5540 § 2, 8-28-2017; Ord. No. 5796, 8-22-2022]
A vehicle operated by the State Highway Patrol, the State Water
Patrol, the Missouri Capitol Police, a Conservation Agent or a State,
County or municipal Park Ranger, those vehicles operated by enforcement
personnel of the State Highways and Transportation Commission, Police
Department or Fire District, Sheriff, Constable or Deputy Sheriff,
Federal Law Enforcement Officer authorized to carry firearms and to
make arrests for violations of the laws of the United States, traffic
officer or Coroner or by a privately owned emergency vehicle company;
A vehicle operated as an ambulance or operated commercially
for the purpose of transporting emergency medical supplies or organs;
Any vehicle qualifying as an emergency vehicle pursuant to Section 310.050 of this Title;
Any wrecker or tow truck or a vehicle owned and operated by
a public utility or public service corporation while performing emergency
service;
Any vehicle transporting equipment designed to extricate human
beings from the wreckage of a motor vehicle;
Any vehicle designated to perform emergency functions for a
civil defense or emergency management agency established pursuant
to the provisions of Chapter 44, RSMo.;
Any vehicle operated by an authorized employee of the Department
of Corrections who, as part of the employee's official duties, is
responding to a riot, disturbance, hostage incident, escape or other
critical situation where there is the threat of serious physical injury
or death, responding to mutual-aid call from another criminal justice
agency, or in accompanying an ambulance which is transporting an offender
to a medical facility;
Any vehicle designated to perform hazardous substance emergency
functions established pursuant to the provisions of Sections 260.500
to 260.550, RSMo.;
Any vehicle owned by the Missouri Highways and Transportation
Commission and operated by an authorized employee of the Department
of Transportation that is marked as a Department of Transportation
emergency response or motorist assist vehicle;
Any vehicle owned and operated by the civil support team of
the Missouri National Guard while in response to or during operations
involving chemical, biological, or radioactive materials or in support
of official requests from the State of Missouri involving unknown
substances, hazardous materials, or as may be requested by the appropriate
State agency acting on behalf of the Governor.
Driving privileges indicated by a letter code on a person's
driver's license permitting a person to operate a certain type(s)
of vehicle(s).[2]
A tractor or other equipment used exclusively for agricultural
purposes.
A commercial motor vehicle controlled and operated by a farmer
used exclusively for the transportation of agricultural products,
farm machinery, farm supplies or a combination of these within one
hundred fifty (150) miles of the farm, other than one which requires
placarding for hazardous materials or used in the operation of a common
or contract motor carrier.
Areas designated as fire lanes by the Fire District.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight (or passengers).
The value specified by the manufacturer as the loaded weight
of a combination (articulated) vehicle. In the absence of a value
specified by the manufacturer, GCWR will be determined by adding the
GVWR of the power unit and the total weight of the towed unit and
any load thereon.
The value specified by the manufacturer as the loaded weight
of a single vehicle.
The weight of a vehicle and/or vehicle combination without
load, plus the weight of any load thereon.
See "STREET OR HIGHWAY".
A highway which has been paved with gravel, macadam, concrete,
brick or asphalt or surfaced in such a manner that it shall have a
hard, smooth surface.
A pair of devices worn on the feet with a set of wheels attached,
regardless of the number or placement of those wheels, and used to
guide or propel the user over the ground.
A person who has become physically incapable of meeting the
prescribed requirements of an examination for an operator's license,
or who has been adjudged by a Probate Division of the Circuit Court
in a capacity hearing of being incapacitated.
The towing of a vehicle under emergency conditions in a first
(1st) move from the site of a malfunction or accident to the nearest
appropriate repair or storage facility.
Any highway which joins another, whether or not it crosses
the same.
The area embraced within the prolongation of 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.
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 that such intersecting highway also includes two (2)
roadways thirty (30) feet or more apart, then every crossing of two
(2) roadways of such highway shall be regarded as a separate intersection.
The junction of an alley with a street or highway shall not
constitute an intersection.
The roadway known as Interstate 270 (I-270).
A final judgment by a court of competent jurisdiction of
any State or of the United States upon a claim for relief for damages,
including damages for care and loss of services, because of bodily
injury to or death of any person or for damages because of injury
to or destruction of property, including the loss of use thereof,
or upon a claim for relief on any agreement or settlement for such
damages arising out of the ownership, maintenance or use of any motor
vehicle.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
See "DRIVER'S LICENSE".
Garbage, refuse, rubbish and all other waste material or
any combination thereof.
Every County, municipal and other local board or body having
authority to enact laws relating to traffic under the Constitution
and the laws of the State.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors, electric bicycles, and motorized bicycles.
[Ord. No. 5762, 1-24-2022]
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.
See "DRIVER".
Any two- or three-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, excluding electric
bicycles.
[Ord. No. 5762, 1-24-2022]
A motor vehicle upon which the operator straddles or sits
astride that is designed to be controlled by handle bars and is operated
on three (3) wheels, including a motorcycle while operated with any
conveyance, temporary or otherwise, requiring the use of a third wheel.
A motortricycle is not an all-terrain vehicle.
[Ord. No. 5617, 11-26-2018]
That character of traffic violation where at the time of
the violation the motor vehicle involved is in motion, except that
the term does not include the driving of a motor vehicle without a
valid motor vehicle registration license or violations of Sections
304.170 to 304.240, RSMo., inclusive, relating to sizes and weights
of vehicles.
Every Division of the Circuit Court having the original jurisdiction
to try persons for violations of City ordinances.
Includes Cities, Towns and Villages, whether incorporated
or not.
Any time other than that designated as daytime.
Any zone determined and indicated by signs or markings where
overtaking and passing is deemed unsafe and under this Chapter is
declared unlawful.
The towing of a motor vehicle or derelict motor vehicle that
is parked or abandoned in violation of the City ordinances and does
not present a real or imminent danger or hazard to the safety of others
or a menace to traffic.
Every person who is not a resident of the City.
Every person who is not a resident of the State.
The privilege conferred upon a non-resident by the laws of
this State pertaining to the operation by him/her of a motor vehicle
or the use of a motor vehicle owned by him/her in this State.
Whenever certain hours are named herein, they shall mean
standard time or daylight-saving time as may be in current use in
the City.
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.
A street where vehicles are by law required to move only
in one (1) direction.
Any rights-of-way other than a public roadway, public bicycle
path or sidewalk that is under the jurisdiction and control of the
State or the City of Creve Coeur.
A temporary prohibition against driving a commercial motor
vehicle.
Includes any person who holds the legal title of a vehicle
or who has executed a buyer’s order or retail installment sales
contract with a motor vehicle dealer licensed under Sections 301.550
to 301.580, RSMo., for the purchase of a vehicle with an immediate
right of possession vested in the transferee, 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 purposes of this
law.
[Ord. No. 5713, 9-14-2020]
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.
Areas on private or public property providing for parking
automobiles or other vehicles and which are regularly used by the
public incident to commercial or institutional purposes of the owner
or occupant of the property, whether provided for hire or gratuitously.
Any person who travels in a motor vehicle in any manner except
as a driver; and any person who travels on a bicycle or electric bicycle
in any manner except as the operator.
[Ord. No. 5762, 1-24-2022]
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
Any person afoot.
Every natural person, firm, co-partnership, association or
corporation.
Every officer of the City Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
See "INITIAL TOW".
Every way or place in private ownership and used for vehicular
travel by the owner and those having expressed or implied permission
from the owner but not by other persons.
Proof of ability to respond in damages for liability, on
account of accidents occurring subsequent to the effective date of
such proof, arising out of the ownership, maintenance or use of a
motor vehicle in the amount of twenty-five thousand dollars ($25,000.00)
because of bodily injury to or death of one (1) person in any one
(1) accident and, subject to such limit for one (1) person, in the
amount of fifty thousand dollars ($50,000.00) because of bodily injury
to or death of two (2) or more persons in any one (1) accident and
in the amount of ten thousand dollars ($10,000.00) because of injury
to or destruction of property of others in any one (1) accident.
A right-of-way under the jurisdiction and control of the
State or the City of Creve Coeur for use primarily by bicyclists and
pedestrians.
A place of business where motor vehicles are housed, stored,
repaired, reconstructed or repainted for persons other than the owners
or operators of such place of business.
A carrier of persons or property upon cars operated upon
stationary rails.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
An obligation requiring the accused to appear at all appropriate
times and places or forfeit any bail and subject himself/herself to
criminal penalty for failure to appear.
Any motor vehicle designed, constructed or substantially
modified so that it may be used or is used for the purposes of temporary
housing quarters, including therein sleeping and eating facilities
which are either permanently attached to the motor vehicle or attached
to a unit which is securely attached to the motor vehicle. Nothing
herein shall prevent any motor vehicle being registered as a commercial
motor vehicle if the motor vehicle could otherwise be so registered.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
eighty (80) inches in width, measured from outside of tire rim to
outside of tire rim, with an unladen dry weight of three thousand
five hundred (3,500) pounds or less, traveling on four (4) or more
non-highway tires and which may have access to ATV trails.
[Ord. No. 5414 §1, 2-9-2015; Ord. No. 5713, 9-14-2020]
Registration certificate or certificates and registration
plates issued under the laws of the State pertaining to the registration
of motor vehicles.
The release of a defendant without bail, bail bond or sureties
upon his/her promise to appear at all appropriate times and places
and which subjects him/her to criminal penalty for failure to appear.
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.
Driving restrictions identified by letter code indicated
on a person's driver's license.
The termination by formal action of the Department of Revenue
of a person's license.
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.
See "STREET OR HIGHWAY".
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.
Any motor vehicle, either publicly or privately owned, used
to transport students to and from school or to transport pupils properly
chaperoned to and from any place within the State for educational
purposes. The term "school bus" shall not include
a bus operated by a public utility, municipal corporation or common
carrier authorized to conduct local or interstate transportation or
passengers when such bus is not traveling a specific school bus route,
but is:
An operator who operates a school bus as defined in this
Section in the transportation of any schoolchildren and who receives
compensation for such service. The term "school bus operator" shall not include any person who transports schoolchildren as an
incident to employment with a school or school district, such as a
teacher, coach, administrator, secretary, school nurse or janitor
unless such person is under contract with or employed by a school
or school district as a school bus operator.
A special card issued to qualified operators of school buses
that allows the operator to drive certain types of school buses and
may be either a Type 1 or Type 2 permit depending on the size of the
bus. A Type 1 permit applies to buses designed for fifteen (15) or
more student passengers; a Type 2 permit applies to buses designed
for fourteen (14) or fewer student passengers.
All of the street along the property line of the school,
plus a three hundred (300) foot extension thereof in both directions.
A motor vehicle used or maintained by any person, firm or
corporation as an incidental service to transport patrons or customers
of the regular business of such person, firm or corporation to and
from the place of business of the person, firm or corporation providing
the service at no fee or charge. Shuttle buses shall not be registered
as buses or as commercial motor vehicles.
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.
A set of wheels attached to a platform or flat surface, regardless
of the number or placement of those wheels, and used to glide or propel
the user over the ground.
Every self-propelled vehicle not designed or used primarily
for the transportation of persons or property and incidentally operated
or moved over the highways, including farm equipment implements of
husbandry, road construction or maintenance machinery, ditch-digging
apparatus, stone crushers, air compressors, power shovels, cranes,
graders, rollers, well drillers and wood-sawing equipment used for
hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers,
leveling graders, finishing machines, motor graders, road rollers,
scarifiers, earth-moving carryalls, scrapers, drag lines, rock-drilling
and earth-moving equipment. This enumeration shall be deemed partial
and shall not operate to exclude other such vehicles which are within
the general terms of this Subsection.
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
Any State, territory or possession of the United States,
the District of Columbia or any province of the Dominion of Canada.
When required, complete cessation from movement.
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.
That portion of a road or highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two (2) or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway
separately but not to all such roadways collectively.
The towing of a vehicle from one repair or storage facility
to another repair or storage facility.
The temporary withdrawal by formal action of the Department
of Revenue of a person's license. The suspension shall be for a period
specifically designated by the Department of Revenue pursuant to the
provisions of Sections 302.500 to 302.540, RSMo.
A group of two (2) or more axles arranged one behind another,
the distance between the extremes of which is more than forty (40)
inches and not more than ninety-six (96) inches apart.
Every highway, road or street or portion thereof on which
vehicular traffic from intersecting highways, roads or streets is
required by law to yield the right-of-way to vehicles on such highways,
roads or streets in obedience to either a stop sign or a yield sign,
when such signs are erected as provided in this Chapter.
A vehicle designed or manufactured primarily for the towing
of other vehicles.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances, either singly or together, while using any
highway for the purpose of travel.
All signs, signals, markings and devices placed or erected
by authority of a public body or official having jurisdiction for
the purpose of regulating, warning or guiding traffic.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
When used in this Chapter shall be deemed to refer to the
Police Department of the City.
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 semi-trailer
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
this Section and shall not include manufactured homes as defined in
Section 700.010, RSMo.
A motor vehicle designed, used or maintained for the transportation
of property.
A combination vehicle in which the two (2) trailing units
are connected with a B-train assembly which is a rigid frame extension
attached to the rear frame of a first (1st) semi-trailer which allows
for a fifth (5th) wheel connection point for the second (2nd) semi-trailer
and has one (1) less articulation point than the conventional A-dolly
connected truck-tractor semi-trailer-trailer combination.
A turn by which a vehicle initially travels in one (1) direction,
makes a movement resembling the letter "U" and, upon completion of
such movement, travels in the opposite direction to the direction
of travel in which the vehicle was traveling prior to the start of
the turning movement.
Any vehicle whose operator is not in position to take immediate
physical control of the vehicle or is not in adequate mental or physical
condition to drive the vehicle if necessary.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
eighty (80) inches in width, measured from outside tire rim to outside
tire rim, with an unladen dry weight of three thousand five hundred
(3,500) pounds or less, traveling on four (4) or six (6) wheels, to
be used primarily for landscaping, lawn care or maintenance purposes.
[Ord. No. 5414 §1, 2-9-2015; Ord. No. 5713, 9-14-2020]
A special card issued to operators of motor vehicles, in
addition to a license, when that operator has more than five (5) uncommon
restrictions to their driving privilege.
Any van or other motor vehicle used or maintained by any
person, group, firm, corporation, association, City, County or State
agency or any member thereof for the transportation of not less than
eight (8) nor more than forty-eight (48) employees, per motor vehicle,
to and from their place of employment; however, a van pool shall not
be included in the definition of the term "bus" or "commercial motor vehicle" as defined in this Section. A
van pool driver shall not be deemed a "chauffeur", nor shall use of a van pool vehicle for ride-sharing arrangements,
recreational, personal or maintenance uses constitute an unlicensed
use of the motor vehicle, unless used for monetary profit other than
for use in a ride-sharing arrangement.
Any mechanical device on wheels designed primarily for use
or used on highways, except motorized bicycles, electric 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 physically disabled persons.
[Ord. No. 5762, 1-24-2022]
[R.O. 2008 §16-203; Ord. No. 977 §1(3.15), 1-5-1981]
It shall be unlawful for any person knowingly to authorize or
permit a motor vehicle owned by him/her or under his/her control to
be driven by any person in violation of any of the provisions of this
Title or any of the motor vehicle laws of this State.
[R.O. 2008 §16-7; Ord. No. 977 §1(15.1), 1-5-1981]
Every person who commits, attempts to commit, conspires to commit
or aids or abets in the commission of any act, declared herein to
be unlawful, whether individually or in connection with one (1) or
more other persons or as a principal agent or accessory, shall be
guilty of such offense and every person who falsely, fraudulently,
forcibly or willfully induces, causes, coerces, requires, permits
or directs another to violate any provision of this Chapter is likewise
guilty of such offense.
[1]
Editor's Note: Former Section 300.040, Special Enforcement
Area, was repealed 11-12-2019 by Ord. No. 5666.
[R.O. 2008 §16-9; Ord. No. 2167 §1, 1-28-2002; Ord. No. 2183 §1, 6-10-2002]
A.Â
Prohibited Acts.
1.Â
The driver of a motor vehicle may not exceed the posted speed limit
within a "construction zone" or "work zone". This Subsection applies
to a construction zone or work zone located upon a street or highway
consisting of two (2) or more marked lanes for traffic moving in the
same direction and for which motor vehicles are instructed to merge
from one (1) lane into another lane by an appropriate sign erected
by the Missouri Department of Transportation or St. Louis County or
the City of Creve Coeur or a contractor performing work for the Missouri
Department of Transportation or St. Louis County or the City of Creve
Coeur.
2.Â
The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone. This Subsection applies
to a construction zone or work zone located upon a highway divided
into two (2) or more marked lanes for traffic moving in the same direction
and for which motor vehicles are instructed to merge from one lane
into another lane by an appropriate sign.
B.Â
Increased Penalty For Violation Occurring In Designated Construction
Zones.
1.Â
Upon the first (1st) conviction or plea of guilty by any person for
a moving violation as defined in Section 302.010, RSMo., or any offense
listed in Section 302.302, RSMo., the court shall assess a fine of
thirty-five dollars ($35.00) in addition to any other fine authorized
to be imposed by law, if the offense occurred within a construction
zone or a work zone. Upon a second (2nd) or subsequent such conviction
or plea of guilty, the court shall assess a fine of seventy-five dollars
($75.00) in addition to any other fine authorized to be imposed by
law.
2.Â
Upon a conviction or plea of guilty by any person for a speeding violation pursuant to either Section 320.010 or a passing violation pursuant to Sections 340.150 through 340.180 of this Title, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law, if the offense occurred within a construction zone or a work zone established by the Missouri Department of Transportation or St. Louis County or the City of Creve Coeur and at the time the speeding or passing violation occurred there was any person in such zone who was there to perform duties related to the reason for which the area was designated a construction zone or work zone.
a.Â
However, no person assessed an additional fine pursuant to this Subsection shall also be assessed an additional fine pursuant to Subsection (B)(1) of this Section and no person shall be assessed an additional fine pursuant to this Subsection if no signs have been posted pursuant to Subsection (C) of this Section.
b.Â
The penalty authorized by this Subsection shall only be assessed
by the court if the Missouri Department of Transportation or St. Louis
County or the City of Creve Coeur or a contractor performing work
for the Missouri Department of Transportation or St. Louis County
or the City of Creve Coeur has erected signs upon or around a construction
or work zone, which are clearly visible from the street or highway
and which state substantially the following message: "Warning: $250
fine for speeding or passing in this work zone".
C.Â
Status Of Work Zones, Signs Required.
1.Â
Active work zones.
a.Â
Construction zone or work zone. Any area upon or around any street or highway which is visibly marked by the Missouri Department of Transportation, St. Louis County or the City of Creve Coeur or by a contractor performing work for the Missouri Department of Transportation, St. Louis County or the City of Creve Coeur as an area where construction, maintenance or other work is temporarily occurring. For all road construction projects, clearly visible signs that substantially state: "Construction zone" or "Work zone" shall be considered sufficient warning for imposition of the thirty-five dollar ($35.00) additional fine prescribed in Subsection (B)(1). The term "construction zone" or "work zone" also includes the lanes of the street or highway leading up to the
area upon which an activity described in this Subsection is being
performed, beginning at the point where appropriate signs directing
motor vehicles to merge from one lane into another lane are posted.
b.Â
"Work Zone Fine" signs for Missouri Department of Transportation or St. Louis County or the City of Creve Coeur road construction projects shall be erected in accordance with Subsection (C)(1)(a). upon or around a construction or work zone and must be sixty (60) inches in width and forty-eight (48) inches in height, clearly visible from the street or highway and state substantially the following message: "Warning: $250 fine for speeding or passing in this work zone". Such signs shall be furnished and installed by the contractor.
2.Â
Inactive work zone.
a.Â
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 St. Louis
County or the City of Creve Coeur or a contractor performing work
for the Missouri Department of Transportation or St. Louis County
or the City of Creve Coeur shall be responsible for compliance with
provisions of this Subsection. Nothing in this Subsection shall prohibit
warning or traffic control signs necessary for public safety in the
construction or work zone being visible to motorists at all times.
D.Â
This
Section shall not be construed to enhance the assessment of court
costs or the assessment of points pursuant to Section 302.302, RSMo.
[1]
State Law Reference — Similar provisions, §304.580,
RSMo.
