[1]
Editor's Note — Ord. no. 03-2009 §1, adopted January
12, 2009, repealed section 300.010 "model traffic ordinance —
adoption" in its entirety. Former section 300.010 derived from ord.
no. 13 §1. At the editor's discretion, this section has been
reserved for the city's future use.
[RSMo. 300.010; Ord. No.
13 §1; Ord.
No. 06-001 §1, 4-24-2006; Ord. No. 03-2009 §1, 1-12-2009]
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 designated
to be saddled 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.
Every vehicle propelled solely by human power upon which
any person may ride, having two (2) wheels, except scooters and similar
devices.
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 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 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.
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 vehicle commonly self-propelled, whether or not such
vehicle is, by reason of its present condition, capable of self-propulsion,
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-wheeled or three-wheeled device having fully operative
pedals capable of propulsion by human power, an automatic transmission
and a motor with a cylinder capacity of not more than fifty (50) cubic
centimeters, which produces less than two (2) 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.
Any two-, three- or four-wheeled device which is designed
to be ridden in a standing or seated position and is powered by a
motor with a cylinder capacity of not more than fifty (50) cubic centimeters
and produces less than three (3) gross brake horsepower and is capable
of propelling the device with or without human propulsion at a maximum
speed of not more than thirty (30) miles per hour on level ground,
except that "motorized recreational vehicles" shall not include legitimate
devices for use by physically disabled persons, such as wheelchairs
or scooters when operated by a physically disabled person. This definition
includes motorized scooters, motorized bicycles, what is commonly
known as mopeds, pocket bikes and miniature motorcycles.
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.
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
and buildings in use for business.
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances 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.
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.
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.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting motorized
bicycles and devices moved by human power or used exclusively upon
stationary rails or tracks.
[Ord. No. 334 §1]
A.
It
shall be unlawful and a violation of this Chapter for any person,
except those expressly exempted by Section 302.080, Revised Statutes
of Missouri, from having a Missouri operator's license and except
those motor vehicle operators possessing a temporary instruction permit
under Section 302.130, Revised Statutes of Missouri, and operating
said motor vehicle under the restrictions of said Section to:
1.
Operate, as a chauffeur, any vehicle upon any public street or road
in this City unless he has a valid license as a chauffeur under the
provisions of RSMo Chapter 302.
2.
Operate, other than as a chauffeur, any motor vehicle, except a farm
tractor upon any public street or road in this City unless he has
a valid license as an operator under the provisions of RSMo Chapter
302. Any person holding a valid chauffeur's license shall not be required
to procure an operator's license.
3.
Operate a motorcycle or other self-propelled two-or three-wheeled,
or four-wheeled vehicle upon any public street or road in this City
unless such person has a valid operator's or chauffeur's license which
shows that he has successfully passed an examination for the operation
of a motorcycle as prescribed by the director of revenue of the state
acting directly or through his authorized officers and agents.
4.
Authorize or knowingly permit a motorcycle or other two-or three-wheeled
self-propelled or four-wheeled vehicle owned by him or under his control
to be driven upon any public street or road in the City by any person
whose operator's or chauffeur's license does not indicate that the
person has passed the examination for the operation of a motorcycle
or has been issued an instruction permit therefor.
5.
Operate a motor vehicle with an instruction permit, or chauffeur's
or operator's license issued to another person.
6.
Operate a motorcycle or ride as a passenger on any motorcycle as
the same is defined in Section 301.010, RSMo., if under the age of
twenty-six (26), upon any public street or road in this City without
wearing protective headgear at all times the vehicle is in motion;
except that, any person twenty-six years of age or older operating
any motorcycle or motortricycle who has been issued an instruction
permit shall wear protective headgear at all times the vehicle is
in motion. The protective headgear shall meet reasonable standards
and specifications established by the Director of Revenue of the State
acting directly or through his/her authorized officers and agents.
No person shall be stopped, inspected, or detained solely to determine
compliance with this Subsection and Sub-subsections.
[Ord. No. 20-2020, 8-3-2020]
a.
Any qualified motorcycle operator who is twenty-six (26) years of
age or older may operate a motorcycle or motortricycle upon any highway
of this State without wearing protective headgear if he or she, in
addition to maintaining proof of financial responsibility in accordance
with Chapter 303, is covered by a health insurance policy or other
form of insurance which will provide the person with medical benefits
for injuries incurred as a result of an accident while operating or
riding on a motorcycle or motortricycle.
[1]
Editor's Note — Ord. no. 06-006 §1, adopted February
13, 2006, repealed section 300.040 "carried by holder — displayed"
in its entirety. Former section 300.040 derived from ord. no. 334
§2. At the editor's discretion, this section has been reserved
for the city's future use.
[Ord. No. 334 §3; Ord. No. 03-013 §1, 5-12-2003]
Any person whose operator's or chauffeur's license has been
canceled, suspended or revoked by the State of Missouri or by any
other State, and who drives any motor vehicle upon the public streets
and roads in the City while such license is canceled, suspended or
revoked, is guilty of a violation of this Chapter. This Section shall
not apply when the operator's or chauffeur's license has been canceled,
suspended or revoked under the provisions of Chapter 303, RSMo.
[Ord. No. 334 §4; Ord. No. 54-2014 §1, 11-24-2014; Ord.
No. 04-2020, 1-6-2020]
A.
No
person shall operate a motor vehicle on a public street or road in
the City when such person's license or driving privilege has been
canceled, suspended or revoked under the laws of the State of Missouri
or any other state and acts with criminal negligence with respect
to knowledge of the fact that such person's driving privilege has
been canceled, suspended or revoked.
B.
Upon
conviction of a violation of this Section, the defendant shall be
guilty of a misdemeanor and shall be fined not more than the amount
listed in the Herculaneum Municipal Division Violations Bureau Fine
Schedule or be punished by imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
[Ord. No. 334 §5]
No person shall authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by
any person who is not authorized under the provisions of RSMo Chapter
302 or in violation of any of the provisions of RSMo Sections 302.010
to 302.260.
[Ord. No. 334 §6]
Any person who operates a motor vehicle upon any public street
or road in the City in any manner in violation of the restrictions
imposed in a restricted license issued to him shall be deemed guilty
of a violation of this Chapter.
[Ord. No. 334 §7]
No person under the age of sixteen (16) shall operate a motor
vehicle on the public streets and roads of this City.
[Ord. No. 334 §8]
No person shall cause or knowingly permit his child or ward
under the age of sixteen (16) years to drive a motor vehicle upon
any public street or road in the City when such minor is not authorized
under the provisions of RSMo Chapter 302, or in violation of any of
the provisions of RSMo Sections 302.010 to 302.260.
[Ord. No. 13 §3; Ord. No. 334 §9; Ord. No. 04-2020, 1-6-2020]
Unless another penalty is expressly provided by law or provided
for the Municipal Code of the City of Herculaneum, every person convicted
of a violation of any provision of this Title shall be punished by
a fine of not more than the amount listed in the Herculaneum Municipal
Division Violations Bureau Fine Schedule.
[Ord. No. 498 §§1
— 3, 9-10-1990]
A.
Operators
of insured motor vehicles shall exhibit an insurance identification
card on the demand of any Police Officer of the City of Herculaneum
who lawfully stops such operator while that Officer is engaged in
the performance of the duties of his office. The insurance identification
card shall be that card that is required under Section 303.024, RSMo.,
1986.
B.
A motor
vehicle liability insurance policy, a motor vehicle liability binder,
or receipt which contains the policy information required under the
above mentioned Statute, shall be satisfactory evidence of insurance
in lieu of an insurance identification card.
C.
It
shall be unlawful for any person within the City of Herculaneum, to
violate the provisions of this Section. Any person convicted of violating
any of the provisions of this Section shall, upon conviction thereof,
be punished by a fine not to exceed five hundred dollars ($500.00).
[Ord. No. 03-2008 §1, 1-14-2008]
A.
For
purposes of this Section, the term "unmuffled engine braking" means the use of any component of an engine that opens the exhaust
valve hydraulically or by similar means when a piston at or near top
dead center of the compression stroke of said engine is in a braking
mode. The term "unmuffled engine braking" shall include, but not be
limited to, using those components made by Jacobs Vehicle Systems,
Volvo trucks, PacBrake of Canada and TecBrake of Mexico.
B.
Unmuffled
engine braking shall be unlawful in the City of Herculaneum, except
in emergency situations.
[Ord. No. 23-2013 §1, 7-22-2013]
The driver of a motor vehicle shall not drive within or upon
any sidewalk area or City curb except as access to a permanent or
temporary driveway.
