[R.O. 2011 §10.28.010; Prior Code §21-58.18; Ord. No. 6192, 1999]
As used in this Chapter, unless the context requires another or different construction, the following terms shall have these prescribed meanings:
- Approved by the State Director of Revenue and when applied to lamps and other illuminating devices means that such lamps and devices must be in good working order.
- AUXILIARY LAMP
- An additional lighting device on a motor vehicle used primarily to supplement the headlamps in providing general illumination ahead of a vehicle.
- A major lighting device capable of providing general illumination ahead of a vehicle.
- MOUNTING HEIGHT
- The distance from the center of the lamp to the surface on which the vehicle stands.
- MULTIPLE-BEAM HEADLAMPS
- Headlamps or similar devices arranged so as to permit the driver of the vehicle to use one (1) of two (2) or more distributions of light on the road.
- An approved device designed and used to give an indication by reflected light.
- SINGLE-BEAM HEADLAMPS
- Headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one (1) distribution of light on the road.
- Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
- WHEN LIGHTED LAMPS ARE REQUIRED
- At any time from a half (½) hour after sunset to a half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead. Lighted lamps shall also be required any time the weather conditions require usage of the motor vehicle's windshield wipers to operate the vehicle in a careful and prudent manner as defined in Section 304.012, RSMo. The provisions of this Section shall be interpreted to require lighted lamps during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.
[R.O. 2011 §10.28.170; Prior Code §21-58.1; Ord. No. 6192, 1999]
No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Chapter required. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.
[R.O. 2011 §10.28.180; Prior Code §21-58.2; Ord. No. 6192, 1999]
Except as in this Chapter provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.
[R.O. 2011 §10.28.190; Prior Code §21-58.3; Ord. No. 6192, 1999]
Any motor vehicle need not be equipped with approved headlamps provided that every such vehicle during the times when lighted lamps are required is equipped with two (2) lighted lamps on the front thereof displaying white or yellow lights without glare capable of revealing persons and objects seventy-five (75) feet ahead; provided however, that no such motor vehicle shall be operated at a speed in excess of twenty (20) miles per hour during the times when lighted lamps are required.
[R.O. 2011 §10.28.200; Prior Code §21-58.4; Ord. No. 6192, 1999]
Approved single-beam headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.
[R.O. 2011 §10.28.210; Prior Code §21-58.5; Ord. No. 6192, 1999]
Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.
There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
[R.O. 2011 §10.28.220; Prior Code §21-58.6; Ord. No. 6192, 1999]
Every new motor vehicle registered in this State after January 1, 1942, which has multiple-beam road lighting equipment shall be equipped with a beam indicator which shall be lighted whenever the uppermost distribution of lights from the headlamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
[R.O. 2011 §10.28.230; Prior Code §21-58.7; Ord. No. 6192, 1999]
Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the times when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.
[R.O. 2011 §10.28.240; Prior Code §21-58.8; Ord. No. 6192, 1999]
Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.
Every motorcycle registered in this State, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.
Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this State after January 1, 1966, when operated on a highway, shall also carry at the rear at least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this Title and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.
Any person who knowingly operates a motor vehicle without the lamps required in this Section in operable condition violates this Section.
[R.O. 2011 §10.28.250; Prior Code §21-58.9; Ord. No. 6192, 1999]
Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands.
[R.O. 2011 §10.28.260; Prior Code §21-58.10; Ord. No. 6192, 1999]
Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side therefor, which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp; except that no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.
[R.O. 2011 §10.28.270; Prior Code §21-58.11; Ord. No. 6192, 1999]
Any motor vehicle may be equipped with not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.
[R.O. 2011 §10.28.280; Prior Code §21-58.12; Ord. No. 6192, 1999]
Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowllamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle upon any street or highway, with any lamp or device thereon displaying a red light visible from directly in front thereof.
[R.O. 2011 §10.28.290; Prior Code §21-58.13; Ord. No. 6192, 1999]
Any lighted lamp or illuminating device upon a motor vehicle other than headlamps, spotlamps, front direction signals or auxiliary lamps which projects beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on emergency vehicles as defined in Section 300.010, but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn.
[R.O. 2011 §10.28.300; Prior Code §21-58.14; Ord. No. 6192, 1999]
At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle, except when such vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with headlamps as in this Chapter required is also equipped with any auxiliary lamps or a spotlamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
[R.O. 2011 §10.28.320; Prior Code §21-58.16; Ord. No. 6192, 1999]
All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this Title specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicle.
[R.O. 2011 §10.28.020; Prior Code §21-49.1; Ord. No. 6192, 1999]
When being operated on any highway of this City, commercial motor vehicles and trailers shall be equipped with adequate and proper brakes, lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel tank, and any other safety equipment required by the State in such condition so as to obtain a certificate of inspection and approval as required by the provisions of Section 307.360, RSMo.
[R.O. 2011 §10.28.030; Code 1950 §1001.62; Prior Code §21-49]
Commercial motor vehicles must have name of owner painted thereon. No person owning any automobile, automobile truck, wagon or other vehicle of any kind or character used for commercial purposes shall use such vehicle for commercial purposes upon the streets of this City unless there shall be painted thereon in a conspicuous place a sign stating the name and address by street and number of the owner thereof in letters at least three (3) inches high; provided that such sign shall not be required upon automobiles or other vehicles used exclusively for conveyance of passengers.
[R.O. 2011 §10.28.060; Prior Code §§21-108.2 — 21-108.3; Ord. No. 4627 §1; Ord. No. 4628 §1; Ord. No. 6192, 1999]
Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:
- AIR CONTAMINANT
- Any smoke, soot, fly ash, dust, cinder, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic substances, radioactive substances, waste matter, particulate matter, solid matter, liquid matter, gaseous matter or any other material which by its presence in the ambient air may constitute air pollution, excluding uncombined water.
- AIR POLLUTION
- The presence in the outdoor atmosphere of one (1) or more air contaminants or combinations thereof in such quantities and of such duration that they are or may tend to be injurious to human, plant or animal life, or interfere with the enjoyment of life, property or the conduct of business.
- INTERNAL COMBUSTION ENGINE
- Any engine of ten (10) horsepower or larger in which the combustion of gaseous, liquid or pulverized solid fuel takes place.
The engine, power and exhaust mechanism of every motor vehicle shall be so equipped, adjusted and operated as to prevent the escape therefrom of excessive fumes or smoke. No person shall cause or permit the emission of visible air contaminants from any internal combustion engine for more than ten (10) consecutive seconds at any one time. When the local temperature as reported by the U.S. Weather Bureau is below thirty-five degrees Fahrenheit (35°F) and where the presence of uncombined water causes visible emission, the provisions of this regulation shall not apply.
No person shall cause or permit the engine of a motor vehicle, other than an emergency vehicle, to idle for longer than three (3) consecutive minutes while parking or stopped as defined in this Title, except when the local temperature as reported by the U.S. Weather Bureau is below ninety degrees Fahrenheit (90°F). This provision shall not apply to engines in motor vehicles being used to operate a loading, unloading or processing device.
[R.O. 2011 §10.28.070; Prior Code §21-108.4; Ord. No. 5607; Ord. No. 6192, 1999]
As used in this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that the term "passenger car" shall not include motorcycles, motorized bicycles, motortricycles and trucks with a licensed gross weight of twelve thousand (12,000) pounds or more.
Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles, and front seat passengers of a passenger car manufactured after January 1, 1968, operated on a street or highway in the City, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Subsection (A) of this Section, on a street or highway of this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected or detained solely to determine compliance with this Subsection. The provisions of this Section and Section 370.210 of this Chapter, shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age, as provided in Section 370.210 of this Chapter.
Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section 370.210 of this Chapter.
Each driver who violates the provisions of Subsections (B) or (C) of this Section, upon conviction thereof, may be punished by a fine not to exceed ten dollars ($10.00). All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section.
If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. The passenger or passengers occupying a seat location referred to in this Subsection is not in violation of this Section. This Subsection shall not apply to passengers who are accompanying a driver of a motor vehicle who is licensed under Section 302.178, RSMo.
As used in this Section, the following terms shall have these prescribed meanings:
- CHILD BOOSTER SEAT
- A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R 571.213, as amended, that is designed to elevate a child to properly sit in a Federally approved safety belt system.
- CHILD PASSENGER RESTRAINT SYSTEM
- A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.
- A person who is in actual physical control of a motor vehicle.
Every driver transporting a child under the age of sixteen (16) years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this City, for providing for the protection of such child as follows:
Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child.
Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child.
Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (80) pounds, and who are also less than four (4) feet nine (9) inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child.
Children at least eighty (80) pounds or children more than four (4) feet, nine (9) inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child.
A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.
When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this Subsection is not in violation of this Section.
Any driver who violates Subparagraph (1), (2), or (3) of Subsection (B) herein, is guilty of an ordinance violation and upon conviction may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subparagraph (4) of Subsection (B) herein, shall be subject to the penalty in Subsection (D) of Section 370.200 of this Chapter. If a driver receives a citation for violating Subparagraph (1), (2) or (3) of Subsection (B) herein, the charges shall be dismissed or withdrawn if the driver prior to or at his/her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the Court or the party responsible for prosecuting the driver's citation.
The provisions of this Section shall not apply to any public carrier for hire. The provisions of this Section shall not apply to students four (4) years of age or older who are passengers on a school bus designed for carrying eleven (11) passengers or more and which is manufactured or equipped pursuant to Missouri Minimum Standards for School Buses as school buses are defined in Section 301.010, RSMo.
[R.O. 2011 §10.28.090; Code 1950 §1001.62; Prior Code §21-43; Ord. No. 6192, 1999]
Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.
[R.O. 2011 §10.28.100; Code 1950 §1001.62; Prior Code §21-44; Ord. No. 6192, 1999]
Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated, while such vehicle is in motion.
[R.O. 2011 §10.28.110; Code 1950 §1001.62; Prior Code §21-45; Ord. No. 6192, 1999]
All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes kept in good working order, and motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.
[R.O. 2011 §10.28.120; Code 1950 §1001.62; Prior Code §21-46]
All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.
[R.O. 2011 §10.28.130; Code 1950 §1001.62; Prior Code §21-47; Ord. No. 6192, 1999]
All vehicles carrying poles or other objects which project more than five (5) feet from the rear of such vehicle 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 object 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.
[R.O. 2011 §10.28.140; Code 1950 §1001.62; Prior Code §21-48; Ord. No. 6192, 1999]
When one vehicle is towing another, the connecting device shall not exceed fifteen (15) feet.
During the time that lights are required by this Chapter, the required lights shall be displayed by both vehicles.
Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this Subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth-wheel type connection.
The provisions of this Section shall not apply to farm implements, or to any vehicle which is not required to be registered.
[R.O. 2011 §10.28.150; Code 1950 §1001.63; Prior Code §21-55]
It is unlawful to drive, convey or operate upon, over or across any improved street or highway or other public place in this City any wagon, engine, tractor, truck or vehicle of any kind having on its wheels any clamps, ridges, extensions, projections, bars, bolts, rods, curves, gutters or other contrivance that will cut or mash holes, gashes or crevices into the streets or otherwise tear up, injure or damage such streets or any part thereof.
Any person may operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (±3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (±3%). Except as provided in Subsection (C) of this Section, any sun-screening device applied to front sidewing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front sidewing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection may be issued by the Department of Public Safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The Director of the Department of Public Safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree of consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person who resides in the household. Except as provided in Subsection (B) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
This Section shall not prohibit labels, stickers, decalcomania or informational signs on motor vehicles or the application of tinted or solar-screening material to recreational vehicles as defined in Section 700.010, RSMo., provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory-installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.
Any vehicle licensed with a historical license plate shall be exempt from the requirements of this Section.
Any person who violates the provisions of this Section is guilty of an ordinance violation.
[R.O. 2011 §10.16.180; Prior Code §21-93.2; Ord. No. 6192, 1999]
No metal-tired vehicle shall be operated over any of the improved highways of this City, except over highways constructed of gravel or claybound gravel, 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 highway is protected by putting down solid planks or other suitable material, or by attachments to the wheels so as to prevent such vehicles from damaging the highway, except that this prohibition shall not apply to tractors or traction engines equipped with what is known as caterpillar treads, when such caterpillar does not contain any projection of any kind likely to injure the surface of the road. Tractors, traction engines and similar vehicles may be operated which have upon their road wheels "V" shaped, diagonal or other cleats arranged in such manner as to be continuously in contact with the road surface if the gross weight on the wheels per inch of width of such cleats or road surface, when measured in the direction of the axle of the vehicle, does not exceed eight hundred (800) pounds.
No tractor, tractor engine, or other metal-tired vehicle weighing more than four (4) tons, including the weight of the vehicle and its load, shall drive onto, upon or over the edge of any improved highway without protecting such edge by putting down solid planks or other suitable material to prevent such vehicle from breaking off the edges of the pavement.
Any person violating this Section, whether operating pursuant to a permit or not, who shall willfully or negligently damage a highway, shall be liable for the amount of such damage caused to any highway, bridge, culvert or sewer, and any vehicle causing such damage shall be subject to a lien for the full amount of such damage, which lien shall not be superior to any duly recorded or filed chattel mortgage or other lien previously attached to such vehicle; the amount of such damage may be recovered in any action in any court of competent jurisdiction in the name of the City or other interested party.