[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.
[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.
[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.
