[Ord. No. 137 §1(5, 6, 8, 10,
12, 14, 17, 23, 24, 26, 27, 33 — 39), 11-7-1955]
The following words and phrases, when used in this Title, mean:
Any street with a roadway of less than twenty (20) feet in
width.
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 six hundred (600) pounds or less, traveling
on three (3), four (4) or more low pressure tires, with a seat designed
to be straddled by the operator and handlebars for steering control.
A vehicle publicly owned and operated as an ambulance, or
a vehicle publicly owned and operated by the State Highway Patrol,
Police or Fire Department, Sheriff, Constable or Deputy Sheriff, traffic
officer, or any privately owned vehicle operated as an ambulance when
responding to emergency calls.
The territory contiguous to and including a highway when
within any six hundred (600) feet along the highway there are buildings
in use for business or industrial purposes including, but not limited
to, hotels, banks or office buildings, railroad stations and public
buildings which occupy at least three hundred (300) feet of frontage
on one (1) side or three hundred (300) feet collectively on both sides
of the highway.
All streets and portions of streets within the area described
by City ordinance as such.
Every vehicle designed, maintained or used primarily for
the transportation of property.
A highway, street or alley intermittently or continuously
overcrowded due to a lack of mobility or means and method of progression
and where traffic cannot execute regular movements with a reasonable
degree of safety.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over the highway, street or roadway.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
Every person who drives or is in actual physical control
of a vehicle.
A space adjacent to a curb for the exclusive use of vehicles
during the loading or unloading of freight (or passengers).
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A highway, road or street which has been paved with gravel,
macadam, concrete, brick or asphalt, or surfaced in such a manner
that the same presents a hard, durable and smooth traveling surface.
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 (1) 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
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.
A roadway which is divided into two (2) or more clearly marked
lanes for vehicular traffic.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
A motor vehicle designed or regularly used for transporting
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.
Any two-wheeled or three-wheeled device having an automatic
transmission and a motor with a cylinder capacity of not more than
fifty (50) cubic centimeters which produces less than three (3) gross
brake horsepower and is capable of propelling the device at a maximum
speed of not more than thirty (30) miles per hour on level ground.
A motor vehicle operated on three (3) wheels, including a
motorcycle while operated with any conveyance, temporarily or otherwise,
requiring the use of a third (3rd) wheel.
Zones determined and indicated by signs or markings where
overtaking and passing is deemed unsafe and under this order is declared
unlawful.
Whenever certain hours are named herein, they shall mean
standard time or daylight-saving time as may be in current use in
the City.
All signs, signals, markings and devices not inconsistent
with this Title placed or erected by authority of a public body or
official having jurisdiction for the purpose of regulating, warning
or guiding traffic.
A street or highway where vehicles are by regulation required
to move in one (1) direction only and when standard signs, signals
and markings are so placed as to indicate the direction of such movement.
A person who holds the legal title of a vehicle, or in the
event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee or mortgagor,
shall be deemed the owner for the purpose of this Title.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
A place adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers.
Any person afoot.
Every natural person, firm, co-partnership, association or
corporation.
Every officer of the municipal Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
Every way 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.
A carrier of persons or property upon cars operated upon
stationary rails.
Any sign, signal or device erected by the authority of a
public body or official or by a railroad and intended to give notice
of the presence of railroad tracks or the approach of a railroad train.
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of three hundred (300) feet or more is in the main improved with residences
or residences and buildings in use for business.
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 (1) 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.
The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
Every motor vehicle owned by a private, public or governmental
agency and operated for the transportation of pupils or others to
or from school, or privately owned and operated for compensation or
hire for the transportation of pupils or others to or from school.
A space or any portion of a highway, road, street or alley
lawfully designated and duly posted for the general safety of persons
proceeding to and from any public, private or parochial school.
A motor vehicle, other than a "motorbus", offered for or
engaged in carrying passengers for hire over a designate route and
for a fixed fare.
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.
Zones determined from an engineering and traffic study and
indicated with posted prima facie speed limit numeral signs or markings
which designate maximum reasonable speeds and travel in excess thereof
is under this Title unlawful.
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, complete cessation from movement.
When prohibited, any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a Police Officer
or traffic control sign or signal.
The entire width between the lines of every way publicly
maintained when any part thereof is open to the uses of the public
for purposes of vehicular travel. "State highway", a highway maintained by the State of Missouri as a part of the State
highway system.
A motor vehicle other than "motorbus" or "service car", offered
for or engaged in carrying passengers for hire.
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right-of-way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this Title.
Any motor vehicle designed primarily for agricultural use,
or used as a traveling power plant, or for drawing other vehicles
or farm or road building implements or use, and having no provision
for carrying loads independently.
Pedestrians, ridden or herded animals, vehicles and other
conveyances either singly or together while using any highway for
purposes of travel.
The act of creating traffic disorder, tumult and perplexity
on the part of the other driver and where mobility of traffic is considered
hazardous.
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, and including
a semi-trailer or vehicle of the trailer type so designed and used
in conjunction with a self-propelled vehicle that a considerable part
of its own weight rests upon and is carried by the towing vehicle.
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
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.
To peddle, sell or display for sale or exhibition any merchandise
or materials which act may, or tends to, create traffic confusion
or congestion and in the opinion of the authorities having jurisdiction
the same creates or constitutes a traffic hazard.
[Ord. No. 991-2004, 4-5-2004]
A.
In order
to insure the safe operation of motor carrier traffic within the City
limits the following safety regulations patterned after a portion
of the "Federal Motor Carrier Safety Regulations" parts 382, 383 and
390 — 397 dated July 1, 2003, are enacted as follows:
B.
Section 396.9 Amended. Section 396.9 of the Federal Motor
Carrier Safety Regulations above enacted entitled "Inspection of Motor
Vehicle" is amended and changed to read as follows:
1.
Personnel authorized to perform inspections. Inspections
of motor carriers' vehicles in operation shall be conducted by Commercial
Vehicle Safety Alliance (CVSA) certified officers. These certified
officers are authorized to enter upon and perform inspections of motor
carriers' vehicles in operation.
2.
Prescribed inspections report. A driver/vehicle examination
reports shall be used to record results of motor vehicle inspections
conducted by authorized City of Kearney personnel.
3.
Motor vehicles declared "out of service".
i.
Authorized
personnel shall declare and mark "out of service" any motor vehicle
which by reason of its mechanical condition or loading would likely
cause an accident or a breakdown. An "Out of Service Vehicle" sticker
shall be used to mark vehicles "out of service".
ii.
No motor vehicle carrier shall require or permit any person to operate
nor shall any person operate any motor vehicle declared and marked
"out of service" until all repairs required by the "out of service
notice" have been satisfactorily completed. The term "operate" as used in this Section shall include towing the vehicle, except
that vehicles marked "out of service" may be towed away by means of
a vehicle using a crane or hoist. A vehicle combination consisting
of the emergency towing vehicle and an "out of service" vehicle shall
not be operated unless such combination meets the performance requirements
of this Subchapter except for those conditions noted on the driver
equipment compliance check.
iii.
No person shall remove the "Out of Service Vehicle" sticker from
any motor vehicle prior to completion of all repairs required by the
"out of service notice".
4.
Motor carrier's disposition.
i.
The
driver of any motor vehicle receiving an inspection report shall deliver
it to the motor carrier operating the vehicle upon his arrival at
the next terminal or facility. If the driver is not scheduled to arrive
at a terminal or facility of the motor carrier operating the vehicle
within twenty-four (24) hours, the driver shall immediately mail the
report to the motor carrier.
ii.
Motor carriers shall examine the report. Violations or defects noted
thereon shall be corrected.
iii.
Within fifteen (15) days following the date of the inspection, the
motor carrier shall:
(1)
Certify that all violations noted have been corrected by completing
the "Signature of Carrier Official, Title and Date Signed" portions
of the form; and
(2)
Return the completed roadside inspection form to the address indicated
on the form and retain a copy at the motor carrier's principal place
of business or where the vehicle is housed for twelve (12) months
from the date of inspection.
C.
Violation And Penalties. It is unlawful for any person to
violate any of the provisions of this Section. Any person convicted
of a violation of any of this provisions of this Section shall be
punished by a fine not to exceed five hundred dollars ($500.00) or
imprisonment in jail for not more than one hundred eighty (180) days,
or be both so fined and imprisoned. Each day during or upon which
a violation occurs or continues shall constitute a separate offense
and shall be punishable as such hereunder.
