Article I Definitions
Article II Violation and Penalty
[CC 1984 §24-1; Rev. M.C. 1963 §§51.01, 51.70; Ord. No. 2907 §2, 3-3-1969; Ord. No. 2932 §§1 — 2, 9-15-1969; Ord. No. 3140 §24-1; Ord. No. 3757 §1, 11-2-1981; Ord. No. 3758 §2, 11-16-1981; Ord. No. 4192 §1, 9-8-1987; Ord. No. 4465 §2, 10-19-1992; Ord. No. 4497 §1, 4-19-1993; Ord. No. 4668 §1, 4-21-1997; Ord. No. 5063 §1, 2-4-2008; Ord. No. 5094 §1, 2-2-2009; Ord. No. 5105 §1, 7-6-2009; Ord. No. 5203 §1, 8-20-2012]
As used in this Title, the following terms shall have the meanings respectively ascribed to them in this Section:
- Any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol.
- ALCOHOLIC BEVERAGE
- Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (.5%) of alcohol by volume, which is fit for beverage purposes or intended for beverage purposes.
- 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 one thousand (1,000) pounds or less, traveling
on three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator, or with a seat designed to carry
more than one (1) person, and handlebars or a steering wheel for steering
control.[Ord. No. 5351 § 1, 12-19-2016]
- ANGLE PARKING
- The standing of any vehicle, whether occupied or not, upon a highway, road or street in a manner where the longitudinal axes of vehicles form an angle with the alignment of the roadway.
- AUTHORIZED EMERGENCY VEHICLE
- A vehicle of any of the following types:[Ord. No. 5368, 2-5-2018]
- 1. A vehicle operated by the State Highway Patrol, the State Water Patrol, the Missouri Capitol Police, a Conservation Agent or a State 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;
- 2. A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;
- 3. Any vehicle qualifying as an emergency vehicle pursuant to Chapter 305 of this Title;
- 4. Any wrecker or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;
- 5. Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;
- 6. Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of Chapter 44, RSMo.;
- 7. 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;
- 8. Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of Sections 260.500 to 260.550, RSMo.;
- 9. 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; or
- 10. 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.
- 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. 5368, 2-5-2018]
- Every device propelled by human power upon which any person or persons may ride, having two (2) or more tandem wheels either of which is twelve (12) or more inches in diameter.
- The line marking the center of a roadway on which traffic moves in both directions, or dividing the roadway between traffic moving in opposite directions.
- COMMERCIAL MOTOR VEHICLE
- Any single vehicle, self-propelled or towed, or combination of said vehicles which:
- 1. Are licensed as a truck and registered to haul above six thousand (6,000) pounds; or
- 2. Exceeds two hundred twenty-two (222) inches in length, seventy-eight (78) inches in height and eighty-four (84) inches in width (including accessories); or
- 3. Is designed to transport more than eight (8) passengers, including the driver; or
- 4. Is designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys or other equipment for towing, pulling or lifting; or
- 5. Displays commercial advertisements; or
- 6. Displays any indication of a product or service of delivery in the truck bed while parked; or
- 7. Contains added vertical side extensions; or
- 8. Contains any visible load other than a permanent small locked container; or
- 9. Holds self-contained camping unit; or
- 10. Has more than two (2) wheels per axle; or
- 11. Is transporting hazardous materials and is required as defined in Section 302.700, RSMo., to be placarded under the Hazardous Materials Transportation Act (46 USC 1801 et. seq.).
- CONTROLLED SUBSTANCE
- A drug, substance, or immediate precursor in Schedules I
— V listed in Section 195.017, RSMo.[Ord. No. 5351 § 1, 12-19-2016]
- 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.
- The lateral boundaries of that portion of the street designated for the use of vehicles, whether marked with curbstones or not.
- 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.
- DRIVE, DRIVING, OPERATES OR OPERATING
- Physically driving or operating a motor vehicle or vessel,
or otherwise physically controlling the movement thereof.[Ord. No. 5351 § 1, 12-19-2016]
- Any person who drives or is in actual physical control of a vehicle.
- A divided State highway with four (4) or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings.
- 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; or
- 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.
- INTOXICATED or INTOXICATED CONDITION
- A person is intoxicated or in an "intoxicated condition"
when he or she is under the influence of alcohol, a controlled substance
or drug, or any combination thereof or is otherwise "driving under
the influence" of alcohol or of a "controlled substance" as defined
in Section 302.700, RSMo.[Ord. No. 5351 § 1, 12-19-2016]
- JAKE BRAKES
- Hydraulically operated devices that operate a power-producing diesel engine into a power absorbing retarding mechanism that produces a noise that is loud and excessive.
- LAW ENFORCEMENT OFFICER or ARRESTING OFFICER
- Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo.[Ord. No. 5351 § 1, 12-19-2016]
- A motor vehicle with the passenger compartment separated from the driving compartment by a wall, partition or dividing window used in the for-hire transportation of passengers.
- MINOR TRAFFIC VIOLATION
- Any violations of a municipal ordinance:[Ord. No. 5308 §3, 11-2-2015]
- MOTOR BUS
- A motor vehicle designated or regularly used for carrying more than nine (9) passengers.
- 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.
- MOTOR VEHICLE
- Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
- NON-MOTORIZED VEHICLE
- Any trailer or any other device that is not self-propelled.
- OFFICIAL TRAFFIC SIGNS
- All signs, markings and devices, other than signals not within this Traffic Code, placed or erected for the purpose of guiding, directing, warning or regulating traffic.
- ONE-WAY STREET
- A street where vehicles are by law required to move in one (1) designated direction only.
- Any person who operates or drives a motor vehicle.
- PARK OR PARKING
- The standing of a vehicle, whether occupied or not, upon a roadway or alleyway otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers, or in obedience to traffic regulations or traffic signs or signals.
- PARKING METER
- Any mechanical device or meter placed or erected for the regulation of parking by authority of this Chapter.
- PARKING METER SPACE
- Any space within a parking meter zone adjacent to a parking meter and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters.
- PARKING METER ZONE
- Any restricted street upon which parking meters are installed and in operation.
- PASSENGER CAR
- Every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons, except that passenger car shall not include motorcycles, motorized bicycles, motortricycles and trucks.
- Any person afoot.
- 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.[Ord. No. 5351 § 1, 12-19-2016]
- PHYSICALLY DISABLED
- Any physically disabled person, as defined by Section 301.142, RSMo.
- PNEUMATIC TIRES
- Tires of rubber or other substance and fabric, inflated with air.
- POLICE OR TRAFFIC OFFICER
- Every officer of the City Department of Police or any other officer lawfully and duly authorized, deputized, assigned or called upon to direct or regulate traffic or to make arrests for violations of traffic regulations.
- PRIVATE ROAD, STREET OR DRIVEWAY
- Any roadway 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 nor the general public.
- PROTECTIVE HEADGEAR
- A safety helmet designed for wear by the rider and passenger of vehicles for the purpose of mitigating the effects of a blow on the head and shall conform to the standards and specifications established by the Director of Revenue. Protective headgear may include motor vehicle and motorcycle crash helmets but shall not include such items as industrial or construction hard hats, baseball, football or other athletic headgear, or helmets designed for a purpose other than for protective headgear for riders and occupants of vehicles.
- A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
- RECREATIONAL VEHICLE
- Any motor vehicle designed, constructed or substantially modified so that it may be used or is used for the purpose 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, and in which the driving area is separated from the passenger area by a wall, partition or window.
- 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.
- 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 (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.
- SCHOOL ZONE
- A space in any highway, road or street lawfully designed by ordinance for the safety of persons going to and returning from public, private or parochial schools.
- 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.
- SOLID TIRES
- Tires of rubber or other resilient material, other than pneumatic tires.
- SPEED LIMIT
- The maximum speed as prescribed by ordinance within a zone determined and indicated with numeral signs or markings designating such speeds, travel in excess of which is unlawful under this Chapter.
- 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.
- When required, means complete cessation of movement.
- STOP or STOPPING
- When prohibited, means 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
- The entire width between the lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- TRACTOR, TRUCK TRACTOR OR TRUCK-TRACTOR
- A self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semi-trailer, it supports a part of the weight thereof.
- TRAFFIC CONTROL SIGNAL
- Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
- 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 Section 301.010(8), RSMo., and shall not include manufactured homes as defined in Section 700.010, RSMo.
- Any motor vehicle licensed by the State as a truck or any motor vehicle designed, used or maintained for the transportation of property within what can be used as an open cargo bed. Trucks with historic vehicle plates issued by a State or district shall be exempt from this definition.
- 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.
- Any boat or craft propelled by a motor or by machinery, whether
or not such motor or machinery is a principal source of propulsion
used or capable of being used as a means of transportation on water,
or any boat or craft more than twelve (12) feet in length which is
powered by sail alone or by a combination of sail and machinery, and
used or capable of being used as a means of transportation on water,
but not any boat or craft having, as the only means of propulsion,
a paddle or oars.[Ord. No. 5351 § 1, 12-19-2016]
State Law Reference: See Sections 566.061, 577.001, 577.012, RSMo.
[CC 1984 §24-270; Rev. M.C. 1963 §51.02; Ord. No. 3140 §24-132; Ord. No. 5044 §1, 2-2-2009]
Any person who does any act forbidden by or who fails to perform any act required by this Chapter shall be deemed in violation of this Title.