Chapter 300, RSMo., consisting of Sections 300.010 through 300.600, as amended, commonly known as the "Model Traffic Ordinance," is hereby adopted as and for the traffic ordinance of this City, subject to the specific amendments and additions thereto as provided in this Title.
[RSMo. §300.010; Ord. No. 850 §1.010, 4-27-1981]
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;
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 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);
A motor vehicle that is designed and manufactured for operation
on a golf course for sporting or recreational purposes and that is
not capable of exceeding speeds of twenty (20) miles per hour.
[Ord. No. 2376, 12-11-2023]
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;
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;
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;
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 (2) wheeled or three (3) 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;
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;
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, copartnership, 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, other than streetcars,
operated upon stationary rails;
A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars;
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
sixty-seven (67) inches in width, with an unladen dry weight of two
thousand (2,000) pounds or less and which is allowed to access ATV
trails.
[Ord. No. 2376, 12-11-2023]
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 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 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;
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;
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.
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;
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel;
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed;
The Traffic Division of the Police Department of the City,
or in the event a Traffic Division is not established, then said term
whenever used herein shall be deemed to refer to the Police Department
of the City;
Any motorized vehicle manufactured and used exclusively for
off-highway use which is more than fifty (50) inches but no more than
sixty-seven (67) inches in width, with an unladen dry weight of two
thousand (2,000) pounds or less, traveling on four (4) or six (6)
wheels, to be used primarily for landscaping, lawn care or maintenance
purposes.
[Ord. No. 2376, 12-11-2023]
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.
[1]
Editor’s Note: Former Section 300.030, License Tax,
enacted 9-26-2005 by §1 of Ord. No. 1536, was repealed 7-13-2015
by §3 of Ord. No. 1980.
[1]
Editor’s Note: Former Section 300.040, City Tax Collector
to Collect, enacted 9-26-2005 by §1 of Ord. No. 1536, was repealed
7-13-2015 by §4 of Ord. No. 1980.
[1]
Editor's Note — Ord. no. 1536 §1, adopted September 26, 2005, repealed section 300.030 "license required and displayed", section 300.040 "license tag not assignable", section 300.050 "license tag lost — procedure", section 300.060 "license fee pro-rated, section 300.070 "duty of city collector", section 300.080 "collector to issue license on payment of motor vehicle tax" and enacted new provisions set out in sections 300.030 and 300.040. Former sections 300.030 — 300.080 derived from R.O. of 1943, ch. 17 §§21 — 26; ord. no. 1406 §1, 10-13-2003.
[Ord. No. 850 §6, 4-27-1981; Ord. No. 903 §8, 6-27-1983]
Any person who violates a provision of this Title shall be guilty
of a misdemeanor, and upon conviction shall be punished by a fine
of not less than one dollar ($1.00) nor more than five hundred dollars
($500.00), or by confinement in the City or County jail for a term
of not less than one (1) day nor more than three (3) months, or by
both such fine and confinement.
[Ord. No. 1425 §1, 7-12-2004]
A.
It
shall be unlawful for any person who has been charged with violating
the ordinances of the City of Hermann, and the charge having been
set in the Municipal Court of the City of Hermann, to fail to appear
before such court as required. Proof of delivery or mailing of the
court notice to the person's last known address shall establish a
presumption of knowledge by that person of his or her court date.
B.
It
shall be unlawful for any person who has been convicted of, has pled
guilty to, or has been found guilty of any offense in the Municipal
Court of the City of Hermann, and who has been sentenced to pay any
fine, or who has been otherwise required by law to pay any monetary
penalty, costs of court, or reimbursement of expenses associated with
the investigation or prosecution of such offense, to fail to pay such
fine, penalty, costs or reimbursements as required by the court.
C.
Failure of any person to appear in the Municipal Court when required to do so and/or the failure to pay any fine, costs or other monetary penalty when required to do so shall be subject to the same fines, penalties and imprisonment as set forth in Section 300.090 of the Code of Ordinances of the City of Hermann, Missouri.
