City of Lexington, MO
Lafayette County
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Table of Contents
Table of Contents
[Ord. of 10-20-1970, § 1]
The Model Traffic Ordinance, being Chapter 300 of the Revised Statutes of Missouri is hereby adopted by reference in its entirety as if set out at length herein.
[1]
State Law Reference — Authority of city to adopt model traffic ordinance by reference, RSMo. § 300.600.
[Ord. of 10-20-1970, § 2; Ord. No. 2001-61 § 1, 11-13-2001]
A. 
No person shall drive a motor vehicle when the person has eight-hundredths of one percent (0.08%) or more by weight of alcohol in his blood. As used in this Section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic contents 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.
B. 
Any person who violates the provisions of this Section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or by imprisonment in jail for not more than ninety (90) days, or by both such fine and imprisonment.
C. 
Evidence of prior convictions shall be heard and determined by the trial court out of the hearing of the jury prior to the submission of the case to the jury, and the court shall enter its findings thereon.
D. 
Any person convicted of an intoxication-related offense shall have a judgment entered against that person in favor of the Spinal Cord Injury Fund in the amount of twenty-five dollars ($25.00).
1. 
Judgments collected pursuant to this Section shall be paid into the State Treasury to the credit of the Spinal Cord Injury Fund created in Section 304.027, RSMo. Any Court Clerk receiving funds pursuant to judgments entered pursuant to this Section shall collect and disburse such amounts as provided in Sections 488.010 to 488.020, RSMo.
2. 
As used in this Section, an "intoxication-related traffic offense" is driving while intoxicated, driving with excessive blood alcohol content, or driving under the influence of drugs.
[1]
State Law Reference — Similar provisions, RSMo. § 577.012.
State Law Reference — Similar provisions, RSMo. §§ 304.027, 577.023.
[Ord. No. 72-12, § 3, 7-5-1972]
Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable or emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the streets and thoroughfares 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.
[Ord. No. 72-12, § 3, 7-5-1972]
A. 
Muffler cutouts shall not be used and no vehicle shall be driven in such a 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.
B. 
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 or 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.
[Ord. of 10-4-1943, § 1]
It shall be unlawful for any person to use upon any motor vehicle operated within the City what is commonly known as a siren or whistle, except that the same may be used on motor vehicles operated for ambulance purposes or by officers on police, fire or other official duty.
[Ord. No. 72-32, § 1, 1-2-1973]
All motor vehicles driven upon the public streets, thoroughfares and alleyways of the City of sufficient width, shall be operated or driven upon the right half of the main-traveled portion of the roadway, or to the right hand side of the center line on those roadways which are divided into traffic lanes, except as follows:
1. 
When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
2. 
When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of Section 304.014 through 304.026, RSMo., or traffic regulations thereunder or of the ordinances of the City;
3. 
When the right-half of a roadway is closed to traffic while under construction or repair;
4. 
Upon a roadway designated by markings or signs for one-way traffic.
[Ord. of 2-7-1938, § 1]
It shall be unlawful for any person operating any automobile or motor vehicles within the City parks to operate the same therein, except upon the roads or driveways maintained for motor vehicle travel within such parks. No person shall park or leave standing an automobile or other motor vehicle within any public park in the City in any driveway or on the grass or sod in such parks, but shall park or leave standing such vehicles only on the ground designated for parking purposes.
[Ord. No. 94-10 § I, 5-24-1994]
A. 
Upon a plea of guilty, finding of guilt or conviction for violation of the provisions of Section 15-2 (alcohol or drug-related traffic offenses), the court may, in addition to imposition of any penalties provided by law, order the person to reimburse law enforcement authorities for the costs associated with such arrest.
B. 
Such costs shall include the reasonable costs of making the arrest, including the cost of any chemical tests to determine the alcohol or drug content of the person's blood, and the cost of processing, charging, booking and holding such person in custody.
C. 
Law enforcement authorities may establish a schedule of such costs for submission to the court; however, the court may order the costs reduced if it determines that the schedule of costs is excessive given the circumstances of the case or for good cause shown.
D. 
These fees shall be calculated as additional costs by the Municipal Court and shall be collected by the Court in the same manner as other costs and fees are collected and remitted to the City Treasurer.
E. 
The City Treasurer shall retain these fees in a separate fund known as the "DWI/Drug Enforcement Fund". Monies within the DWI/Drug Enforcement Fund shall be appropriated by the City Council to law enforcement authorities from such fund in amounts equal to those costs so incurred and shall be specifically used to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
[1]
State Law Reference — For similar provisions, see § 577.048, RSMo.
[Ord. No. 83-16, § 5, 11-1-1983]
Every owner of a motor vehicle or trailer, which shall be operated or driven upon the streets, thoroughfares or alleyways of this City, shall annually file in the Office of the Director of Revenue of the State of Missouri, an application for registration on a blank to be furnished by the Director of Revenue of the State of Missouri for that purpose containing the following information:
1. 
A brief description of the motor vehicle to be registered, including the name of the manufacturer, the manufacturer's or other identifying number and character, and amount of motive power, stated in figures of horsepower; and
2. 
The name, residence and business address of the owner of such motor vehicle; and
3. 
The gross weight of the vehicle and the desired load in pounds if the vehicle is a commercial motor vehicle or trailer; and
4. 
If such motor vehicle be a specially constructed or reconstructed motor vehicle, the application shall so state and the owner shall furnish the Director of Revenue such additional information as he shall require.
[1]
State Law Reference — For similar state law, see RSMo. § 301.020.
[Ord. No. 83-16, § 6, 11-1-1983]
No motor vehicle or trailer shall be operated upon any street, thoroughfare or alleyway of this City unless it shall have displayed thereon the license plate or set of license plates issued by the Director of Revenue of the State of Missouri. Such display of license plates shall and must comply with Section 301.130, RSMo.
[Ord. No. 83-16, § 7, 11-1-1983]
Any person whose operator's or chauffeur's license and driving privilege as a resident or non-resident has been canceled, suspended or revoked under the provisions of Chapter 302, RSMo., or of Chapter 577, RSMo., or Chapter 544, RSMo., and who thereafter drives any motor vehicle upon the highways of this City while such license and privilege is canceled, suspended or revoked, and before an official reinstatement notice or termination notice is issued by the Director, shall be guilty of a misdemeanor and upon conviction may be punished under the general penalty Section 1-8 of the ordinances of Lexington, Missouri.
[Ord. No. 83-16, § 8, 11-1-1983]
Any violation of the requirements or prohibitions of Section 15-9 through 15-11 shall be declared to be a misdemeanor and upon conviction, the defendant or person so violating shall be deemed guilty of a misdemeanor, which is punishable under the general penalty section of these ordinances, Section 1-8.
[Ord. No. 88-23, 12-13-1988; Ord. No. 93-31 §§ I — II, 12-28-1993; Ord. No. 95-28 § 1, 11-14-1995; Ord. No. 2007-05 § 1, 2-13-2007]
A. 
The following streets and thoroughfares shall be designated as Emergency Snow Routes during inclement weather of snow, sleet, freezing rain or ice: Highland Avenue, Main Street (M-224) from Highland Avenue to 13th Street, Franklin Avenue from 9th Street to 13th Street, South Street from 12th Street to 13th Street, Aull Lane, Business Highway 13, 16th Street, 17th Street, 20th Street, 24th Street from Main Street to Highway 24, Broadway from Highland Avenue to Main Street and John Shea Drive. All Emergency Snow Routes shall be implemented in the manner described in the following Sections:
1. 
Phase I, Driving Emergency. Whenever inclement weather causes a slippery or hazardous condition which might lead to serious traffic congestion, the Mayor or other designated City representative, may declare a "Driving Emergency"; and until such emergency is terminated no person shall park or operate a motor vehicle on any street in such manner or in such condition as to allow or permit such vehicle to become stalled by reason of the fact that the driving wheels of such vehicle are not equipped with tire chains or snow tires. Failure to comply with this provision, shall result in the operator of said vehicle being deemed in violation of this Section.
2. 
Phase II, Snow Routes Parking Emergency. Whenever snow has accumulated, or it is probable that snow will accumulate to such a depth that snow removal operations will be required, the Mayor or other designated City Official may declare a "Snow Routes Parking Emergency"; and until such emergency is terminated, no vehicles shall be parked on any streets designated by appropriate signage acknowledging said street as an emergency snow route. All vehicles parked on such streets must be removed within two (2) hours after declaration of emergency or be considered in violation of this Section.
3. 
Phase III, Downtown Business District Parking Emergency. Whenever snow has accumulated, or it is probable that snow will accumulate to such a depth that snow removal operations will be required, the Mayor or other designated City Official may declare a "Downtown Business District Parking Emergency"; and until such emergency is terminated no vehicles shall be parked on any Emergency Snow Route street located in the downtown business district. All vehicles parked on such streets must be removed within two (2) hours after declaration of emergency or be considered in violation of this Section.
4. 
Authority of Police to Remove Vehicles. In the event any vehicles are parked on the streets, alongside the streets, on the hard surface of the street or on the shoulders of the street, or any portion of the vehicle extends upon the traveled area of said street, during a Driving Emergency, Snow Route Parking Emergency, or Downtown Business District Parking Emergency the officers of the Police Department shall have the authority to have said vehicles moved by towing or other provisions.
B. 
Any person in violation of the provisions of this Section shall be subject to a fine as provided in Section 1-8 of this Code. Additionally, the defendant or person so violating these provisions shall also be responsible for any expense incurred for towing, removing, and storage of said vehicle.
[Ord. No. 95-13 § 1, 6-27-1995]
A. 
No person shall operate a motor vehicle registered in this State, whether owned by such operator or by another, upon the streets, alleys or highways of this City, unless such operator, or the owner of the vehicle, maintains financial responsibility which covers the operation of that vehicle by such operator.
B. 
No person shall operate a motor vehicle registered in this State, whether owned by such operator or by another, upon the streets, alleys or highways of this City, unless such operator, exhibits proof of financial responsibility upon demand of a Police Officer, which proofs covers the operation of that vehicle by such operator.
C. 
For purposes of this Section, the term "financial responsibility" shall mean the ability to respond in damages for liability occurring after the effective date of proof of such financial responsibility, 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 said 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.
D. 
Proof of financial responsibility may be shown by any of the following:
1. 
An insurance identification card issued by a motor vehicle insurer or by the Director of Revenue of the State of Missouri for self-insurance, as provided by Section 303.024, RSMo. A motor vehicle insurance policy, a receipt which contains the name and address of the insurer, the name and address of the named insured, the policy number, the effective dates of the policy and a description by year and make of the vehicle, or at least five (5) digits of the vehicle identification number or the word "Fleet" if the insurance policy covers five (5) or more motor vehicles, shall be satisfactory evidence of insurance in lieu of an insurance identification card.
2. 
A certificate of the State Treasurer of Missouri of a cash deposit as provided by Section 303.240, RSMo.
3. 
A surety bond filed with the Director of Revenue of the State of Missouri as provided by Section 303.230, RSMo.
E. 
Proof of financial responsibility shall be carried at all times in the insured motor vehicle or by the operator of the motor vehicle if the proof of financial responsibility is effective as to the operator rather than to the vehicle. The operator of the motor vehicle shall exhibit the proof of financial responsibility on the demand of any Police Officer who lawfully stops such operator while that officer is engaged in the performance of the duties of his office.
F. 
Failure of any person who operates a motor vehicle on the streets, alleys or highways of this City to exhibit proof of financial responsibility on the demand of any Police Officer who lawfully stops such person shall be prima facie evidence that such person, or that the owner of the vehicle, does not maintain financial responsibility as required by this Section.
G. 
Any person, firm, or corporation violating this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00), or may be imprisoned in the Lafayette County Jail for not more than ninety (90) days, or both fine and imprisonment together with Court costs therein.
[Ord. No. 95-09 § 1, 4-25-1995; Ord. No. 2005-05 § 1, 2-8-2005]
A. 
The driver of a vehicle upon a roadway and upon meeting or overtaking from any direction any school bus which is stopped on the roadway for the purpose of receiving or discharging any school children and whose driver has given the signal to stop by activating the mechanical and electrical signaling device, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion or until signaled by its driver to proceed.
B. 
If any vehicle is witnessed by a Peace Officer or the driver of a school bus to have violated the provisions of this Section, and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation.
C. 
Any person violating any provision of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five dollars ($5.00) nor more than one thousand dollars ($1,000.00) or may be imprisoned in the County Jail for not more than ninety (90) days, or both fined and imprisoned together with court cost therein.
[Ord. No. 95-12 § 1, 6-27-1995; Ord. No. 98-39 § I, 12-8-1998; Ord. No. 2006-47 § 1, 11-14-2006]
A. 
Except as otherwise provided in this Section, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation Act requirements, except that a child less than sixteen (16) years of age shall be protected as required in Subsection (B)(5) of this Section.
B. 
With respect to Subsection (A) of this Section:
1. 
No person shall be stopped, inspected or detained solely to determine compliance with Subsection (A) of this Section.
2. 
The provisions of Subsection (A) of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his or her body or to any person employed by the United States Postal Service while performing duties for that Federal agency which requires the operator to service postal boxes from their vehicles or which require frequent entry into and exit from their vehicles.
3. 
As used in Subsections (A) of 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 gross weight of twelve thousand (12,000) pounds or more.
4. 
Each driver who violates the provisions of Subsection (A) of this Section shall upon conviction be subject to a fine not to exceed ten dollars ($10.00) in amount. All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.
5. 
Every person transporting a child under the age of sixteen (16) years on the streets or highways of this City shall be responsible for transporting such child as follows:
a. 
Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child.
b. 
Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child.
c. 
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.
d. 
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.
e. 
Children eight (8) years of age but less than sixteen (16) years of age, regardless of weight or height, shall be secured by a vehicle safety belt or restraint system appropriate for that child.
f. 
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.
g. 
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 person who violates this Subsection shall, upon conviction, be punished by a fine of not more than fifty dollars ($50.00) and court costs.
[Ord. No. 99-53 § 1, 1-11-2000]
A. 
It shall be unlawful for any person to:
1. 
Operate any vehicle upon any City street in this City unless he has a valid driver's license.
2. 
Operate a motorcycle or motortricycle upon any street of this City unless such person has a valid license that shows he has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the laws of the State of Missouri.
3. 
Authorize or knowingly permit a motorcycle or a motortricycle owned by him or under his control to be driven upon any street by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued as instruction permit therefor.
4. 
Authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street in this City by any person who is not properly licensed to do so under the laws of the State of Missouri.
5. 
Display or to permit to be displayed, or to have in his possession, any license knowing the same to be fictitious or to have been canceled, suspended, revoked, disqualified or altered.
6. 
Lend to or knowingly permit the use of by another any license or permit issued to the person so lending or permitting the use thereof.
7. 
Fail to carry one's instruction permit or license while operating a motor vehicle and to fail to display said license or permit upon demand of any Police Officer for inspection.
B. 
Any person violating any provision of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be penalized as set out in Section 1-8.
[Ord. No. 99-56 § 1, 2-8-2000]
A. 
All vehicles shall be equipped, and the equipment shall be so used, as is provided by Chapter 307 of the Revised Statutes of Missouri, and such Chapter is hereby adopted by reference in its entirety and made a part of this Title as fully as if set out at length herein.
B. 
Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 99-55 § 1, 2-8-2000]
A. 
The local officials of this City recognize as applicable to all highways, streets or alleys within the corporate limits Sections 304.014 to 304.026 inclusive, Revised Statutes of Missouri (Rules of the Road), and all Police Officers are hereby ordered to enforce such provisions, regulation or regulations in like manner and effect and in the same manner as the provisions, regulation and regulations of this Title.
B. 
Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the City or County jail not exceeding ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 2006-47 § 2, 11-14-2006]
No person shall operate any truck, as defined in Section 301.010, RSMo., with a license gross weight of less than twelve thousand (12,000) pounds when such truck is operated within the corporate limits of this City when any person under eighteen (18) years of age is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed bed of such truck when the truck is in operation. Any person who operates a truck with a licensed gross weight of less than twelve thousand (12,000) pounds in violation of this Section shall, upon conviction, be punished by a fine of not more than twenty-five dollars ($25.00) plus court costs. The provisions of this Section shall not apply to:
1. 
Any employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;
2. 
Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;
3. 
Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;
4. 
Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;
5. 
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride in such unenclosed bed due to the lack of available seating. "Special event", for the purposes of this Section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;
6. 
Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of, other persons engaged in a recreational activity; or
7. 
Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this Subsection the term "family" shall mean any persons related within the first degree of consanguinity.