Editor's Note — Ord. no. 03-2009 §5, adopted January
12, 2009, repealed ch. 350 "method of parking" and enacted new provisions
set out herein. Former ch. 350 derived from RSMo. §§300.415
— 300.435; ord. no. 13 §1.
[Ord. No. 03-2009 §5, 1-12-2009]
For the purposes of this Chapter, the following words shall
mean:
ABANDONED VEHICLE
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel, whether or not operational, including, but
not limited to, any motor vehicle or any part of a motor vehicle which
is situated upon any street, highway or alley of the City for a continuous
period of over forty-eight (48) hours and:
1.
Does not have displayed thereon a permanent license plate or
set of license plates issued for that vehicle indicating current registration;
or
2.
For which no arrangements have been made for its storage or
removal by the owner or operator; or
3.
The owner of which has indicated in some way his intention to
leave this vehicle and that he no longer claims ownership of it.
DERELICT VEHICLE
Any partially dismantled, non-operating, wrecked or junked
motor vehicle or any motor vehicle possessing one (1) or any combination
of the following attributes:
1.
Shattered or missing windows, headlights or taillights.
2.
Unsecured or missing exterior parts including, but not limited
to, bumpers, grills, doors and hoods, but excluding hubcaps.
3.
An estimated fifty percent (50%) or more of the vehicle's exterior
paint is rusted, oxidized or removed.
4.
Observable amounts of vehicle fluids leaking from the vehicle
resulting in a street discoloration or fluid streak not less than
three (3) inches in diameter or three (3) inches in length.
[Ord. No. 03-2009 §5, 1-12-2009]
Except as otherwise provided in this Chapter, every vehicle
stopped or parked upon a roadway where there are adjacent curbs shall
be so stopped or parked with the right-hand wheels of such vehicle
parallel to and within eighteen (18) inches of the right-hand curb.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
City Traffic Engineer shall determine upon what streets angle parking
shall be permitted and shall mark or sign such streets, but such angle
parking shall not be indicated upon and Federal-aid or State highway
within the City unless the State Highways and Transportation Commission
has determined by resolution or order entered in its minutes that
the roadway is of sufficient width to permit angle parking without
interfering with the free movement of traffic.
B. Angle
parking shall not be indicated or permitted at any place where passing
traffic would thereby be caused or required to drive upon the left
side of the street.
[Ord. No. 03-2009 §5, 1-12-2009]
On those streets which have been signed or marked by the City
Traffic Engineer for angle parking, no person shall park or stand
a vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
City Traffic Engineer is authorized to issue special permits to permit
the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and conditions
of such permit. Such permits may be issued either to the owner or
lessee of real property or to the owner of the vehicle and shall grant
to such person the privilege as therein stated and authorized herein.
B. It
shall be unlawful for a permittee or other person to violate any of
the special terms or conditions of any such permit.
[Ord. No. 03-2009 §5, 1-12-2009]
A. Whenever
a vehicle is lawfully parked upon a street or highway during the hours
between a half (½) hour after sunset and a half (½)
hour before sunrise and in the event there is sufficient light to
reveal any person or object within a distance of five hundred (500)
feet upon such street or highway, no lights need to be displayed upon
such parked vehicle.
B. Whenever
a vehicle is parked or stopped upon a roadway or shoulder adjacent
thereto, whether attended or unattended, during the hours between
a half (½) hour after sunset and a half (½) hour before
sunrise and there is not sufficient light to reveal any person or
object within a distance of five hundred (500) feet upon such highway,
such vehicle so parked or stopped shall be equipped with one (1) or
more lamps meeting the following requirements: At least one (1) lamp
shall display a white or amber light visible from a distance of five
hundred (500) feet to the front of the vehicle and the same lamp or
at least one (1) other lamp shall display a red light from a distance
of five hundred (500) feet to the rear of the vehicle, and the location
of said lamp or lamps shall always be such that at least one (1) lamp
or combination of lamps meeting the requirements of this Section is
installed as near as practicable to the side of the vehicle which
is closest to passing traffic. The foregoing provisions shall not
apply to a motor-driven cycle.
C. Any
lighted headlamps upon a parked vehicle shall be depressed or dimmed.
[Ord. No. 03-2009 §5, 1-12-2009; Ord. No. 34-2009 §§1 — 3, 11-9-2009]
A. Except
when necessary to avoid conflict with other traffic or in compliance
with law or the directions of a Police Officer or official traffic
control device, no person shall stop, stand or park a vehicle:
2. Within an intersection or within fifteen (15) feet of an intersection.
4. Between a safety zone and the adjacent curb or within thirty (30)
feet of points on the curb immediately opposite the ends of a safety
zone, unless the traffic authority indicates a different length by
signs and markings.
5. Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic.
6. Upon any bridge or other elevated structure upon a highway or within
a highway tunnel.
8. At any place where official signs prohibit stopping.
9. Within ten (10) feet of a United States Postal Service mailbox.
10. At any place where the curb is painted yellow or surface is painted
with yellow lines.
11. Stand or park a vehicle, whether occupied or not, except momentarily
to pick up or discharge a passenger.
12. In front of a public or private driveway.
13. Within fifteen (15) feet of a fire hydrant.
14. Within twenty (20) feet of a crosswalk at an intersection.
15. Within thirty (30) feet upon the approach to any flashing signal,
stop sign or traffic control signal located at the side of a roadway.
16. Within twenty (20) feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire station
within seventy-five (75) feet of such entrance, when properly signposted.
17. At any place where official signs prohibit standing.
18. Park a vehicle, whether occupied or not, except temporarily for the
purpose of and while actually engaged in loading or unloading merchandise
or passengers.
19. Within fifty (50) feet of the nearest rail of a railroad crossing.
20. At any place where official signs prohibit parking.
21. Within eight (8) feet of any privately owned mailbox during the hours
of 9:00 o'clock, A.M. through 5:00 o'clock, P.M., on all Mondays,
Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays, excepting
all holidays upon which mail is not delivered by the United States
Postal Service.
B. No
person shall move a vehicle not lawfully under his control into any
such prohibited area or away from a curb such distance as is unlawful.
[Ord. No. 03-2009 §5, 1-12-2009; Ord. No. 03-2018 § 1, 2-5-2018]
No person shall park any vehicle upon a street, other than an
alley, in such a manner or under such conditions as to leave available
less than fourteen (14) feet of the width of the roadway for free
movement of vehicular traffic.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall leave a motor vehicle unattended on the highway
without first stopping the motor and cutting off the electric current
and, when parked upon a perceptible grade, without turning the wheels
of the vehicle to the curb or side of the roadway.
[Ord. No. 03-2009 §5, 1-12-2009]
Except as otherwise provided in this Chapter, every vehicle
stopped or parked upon a roadway shall be so stopped or parked with
the right-hand wheels of such vehicle parallel to the right-half of
the roadway and facing with the direction of traffic flow.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall park a vehicle within an alley in such a manner
or under such conditions as to leave available less than ten (10)
feet of the width of the roadway for the free movement of vehicular
traffic and no person shall stop, stand or park a vehicle within an
alley in such position as to block the driveway entrance to any abutting
property.
[Ord. No. 03-2009 §5, 1-12-2009]
A. No
person shall park a vehicle upon any roadway for the principal purpose
of:
1. Displaying such vehicle for sale; or
2. Repair such vehicle except repairs necessitated by an emergency.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall park any partially dismantled, non-operating, wrecked or junked motor vehicle on a City street or highway. Vehicles left parked in this condition are subject to definition as a derelict vehicle pursuant to Section
350.010 and are subject to tow pursuant to Section
350.460.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall leave any abandoned vehicle on any private or public property in the City. No person shall leave any abandoned vehicle on any street, highway or alley in the City. Vehicles left abandoned are subject to tow pursuant to Section
350.460.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
City Traffic Engineer is hereby authorized to erect signs indicating
no parking upon either or both sides of any street adjacent to any
school property when such parking would, in his opinion, interfere
with traffic or create a hazardous situation.
B. When
official signs are erected indicating no parking upon either side
of a street adjacent to any school property as authorized herein,
no person shall park a vehicle in any such designated place.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
City Traffic Engineer is authorized to erect signs indicating no parking
upon any street when the width of the roadway does not exceed twenty
(20) feet or upon one (1) side of a street as indicated by such signs
when the width of the roadway does not exceed thirty (30) feet.
B. When
official signs prohibiting parking are erected upon narrow streets
as authorized herein, no person shall park a vehicle upon any such
street in violation of any such sign.
[Ord. No. 03-2009 §5, 1-12-2009]
The City Traffic Engineer is authorized to erect signs upon
the left-hand side of any one-way street to prohibit the standing
or parking of vehicles and when such signs are in place, no person
shall stand or park a vehicle upon such left-hand side in violation
of any such sign.
[Ord. No. 03-2009 §5, 1-12-2009]
In the event a highway includes two (2) or more separate roadways
and traffic is restricted to one (1) direction upon any such roadway,
no person shall stand or park a vehicle upon the left-hand side of
such one-way roadway unless signs are erected to permit such standing
or parking. The City Traffic Engineer is authorized to determine when
standing or parking may be permitted upon the left-hand side of any
such one-way roadway and to erect signs giving notice thereof.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
City Traffic Engineer is hereby, authorized to determine and designate
by proper signs places not exceeding one hundred (100) feet in length
in which the stopping, standing or parking of vehicles would create
an especially hazardous condition or would cause unusual delay to
traffic.
B. When
official signs are erected at hazardous or congested places as authorized
herein, no person shall stop, stand or park a vehicle in any such
designated place.
[Ord. No. 03-2009 §5, 1-12-2009]
The City Traffic Engineer is hereby authorized to determine
the location of passenger and freight curb loading zones and shall
place and maintain appropriate signs indicating the same and stating
the hours during which the provisions of this Section are applicable.
[Ord. No. 03-2009 §5, 1-12-2009]
The City Traffic Engineer shall not designate or sign any curb
loading zone upon special request of any person unless such person
makes application for a permit for such zone and for two (2) signs
to indicate the ends of each such zone. The City Traffic Engineer
upon granting a permit and issuing such signs shall collect from the
applicant and deposit in the City Treasury a service fee of ten dollars
($10.00) per year or fraction thereof and may by general regulations
impose conditions upon the use of such signs and for reimbursement
of the City for the value thereof in the event of their loss or damage
and their return in the event of misuse or upon expiration of permit.
Every such permit shall expire at the end of one (1) year.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall stop, stand or park a vehicle for any purpose
or period of time other than for the expeditious loading or unloading
of passengers in any place marked as a passenger curb loading zone
during hours when the regulations applicable to such curb loading
zone are effective and then only for a period not to exceed three
(3) minutes.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall stop, stand or park a vehicle for any purpose
or length of time other than for the expeditious unloading and delivery
or pickup and loading of materials in any place marked as freight
curb loading zone during hours when the provisions applicable to such
zones are in effect.
[Ord. No. 03-2009 §5, 1-12-2009]
The City Traffic Engineer is hereby authorized and required
to establish bus stops, bus stands, taxicab stands and stands for
other passenger common carrier motor vehicles on such public streets,
in such places and in such number as he shall determine to be of the
greatest benefit and convenience to the public and every such bus
stop, bus stand, taxicab stand or other stand shall be designated
by appropriate signs.
[Ord. No. 03-2009 §5, 1-12-2009]
A. The
operator of a bus shall not stand or park such vehicle upon any street
at any place other than a bus stand so designated as provided herein.
B. The
operator of a bus shall not stop such vehicle upon any street at any
place for the purpose of loading or unloading passengers or their
baggage other than at a bus stop, bus stand or passenger loading zone
so designated as provided herein, except in case of an emergency.
C. The
operator of a bus shall enter a bus stop, bus stand or passenger loading
zone on a public street in such a manner that the bus when stopped
to load or unload passengers or baggage shall be in a position with
the right front wheel of such vehicle not further than eighteen (18)
inches from the curb and the bus approximately parallel to the curb
so as not to unduly impede the movement of other vehicular traffic.
D. The
operator of a taxicab shall not stand or park such vehicle upon any
street at any place other than in a taxicab stand so designated as
provided herein. This provision shall not prevent the operator of
a taxicab from temporarily stopping in accordance with other stopping
or parking regulations at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passengers.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall stop, stand or park a vehicle other than a bus
in a bus stop or other than a taxicab in a taxicab stand when any
such stop or stand has been officially designated and appropriately
signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with
any bus or taxicab waiting to enter or about to enter such zone.
[Ord. No. 03-2009 §5, 1-12-2009]
The provisions of this Chapter prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a Police Officer or official traffic control device.
[Ord. No. 03-2009 §5, 1-12-2009]
The provisions of this Chapter imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles in specified places or at specified times.
[Ord. No. 03-2009 §5, 1-12-2009]
If any vehicle is found upon a street, alley, highway, public
place, parking lot, drive-in, driveway or entrance drive in violation
of any Section of this Chapter regulating the stopping, standing or
parking of vehicles, the owner or person in whose name such vehicle
is registered shall be held prima facie responsible for such violation.
[Ord. No. 03-2009 §5, 1-12-2009]
When signs are erected in each block giving notice thereof,
no person shall park a vehicle between the hours specified by ordinance
of any day except Sunday and public holidays within the district or
upon any of the streets described by ordinance.
[Ord. No. 03-2009 §5, 1-12-2009]
When signs are erected giving notice thereof, no person shall
park a vehicle at any time upon any of the streets described by ordinance.
[Ord. No. 03-2009 §5, 1-12-2009]
When signs are erected in each block giving notice thereof,
no person shall stop, stand or park a vehicle between the hours specified
by ordinance of any day except Sunday and public holidays within the
district or upon any of the streets described by ordinance.
[Ord. No. 03-2009 §5, 1-12-2009]
Whenever by this Chapter or any ordinance of the City any parking
time limit is imposed or parking is prohibited on designated streets,
it shall be the duty of the City Traffic Engineer to erect appropriate
signs giving notice thereof and no such regulations shall be effective
unless said signs are erected and in place at the time of any alleged
offense.
[Ord. No. 03-2009 §5, 1-12-2009]
In cases where an equally direct and convenient alternate route
is provided, an ordinance may describe and signs may be erected giving
notice thereof, that no persons shall operate any commercial vehicle
upon streets or parts of streets so described except those commercial
vehicles making deliveries thereon.
[Ord. No. 03-2009 §5, 1-12-2009]
No person owning or having possession of a motor vehicle without
a current State license plate shall permit such motor vehicle to be
parked on any street, alley or public place in the City.
[Ord. No. 03-2009 §5, 1-12-2009; Ord. No. 11-2010 §1, 6-7-2010]
A. Any
vehicle, except a pickup truck, which is licensed at eighteen thousand
(18,000) pounds or more or trailer which exceeds a width of eight
(8) feet and/or a length of twenty (20) feet shall be prohibited from
parking upon any City street or alley.
B. Any
vehicle or trailer herein described may be used for the purpose of
making local deliveries upon City-maintained streets and in so doing
may park upon said streets for the period of time necessary for completing
such deliveries.
C. No
commercial vehicle, trailer or tractor shall stand or be parked on
any street or highway when not being unloaded or loaded.
D. No trailer of any type or any size, except as otherwise provided
for in this Section, shall be parked, stored or placed on any street
within the City of Herculaneum unless actively being loaded or unloaded,
and any such trailer shall be connected to a vehicle at all times.
[Ord. No. 05-2018 § 1, 2-5-2018]
E. Violation
of this Section shall be punishable on conviction by a fine not to
exceed one hundred dollars ($100.00).
[Ord. No. 03-2009 §5, 1-12-2009]
A. It
shall be unlawful for any construction equipment to be parked at any
time upon any public street or highway within the City.
B. This
Section shall not apply, to trucks ailed in street construction work
and maintenance or trucks of any other public utility company while
engaged in work.
[Ord. No. 03-2009 §5, 1-12-2009]
No person engaged in selling fruit, produce or goods, wares
or merchandise at retail from any vehicle shall stand or park such
vehicle on any street within the City, except in the case of emergency.
[Ord. No. 03-2009 §5, 1-12-2009]
No person shall park a vehicle, trailer or boat upon any premises
in the City of Herculaneum designated by the Missouri Department of
Transportation as a "commuter lot" for the principal purpose of displaying
such vehicle, trailer or boat for sale or rent.
[Ord. No. 03-2009 §5, 1-12-2009; Ord. No. 12-2018, 3-6-2018]
A. The
streets listed in Schedule I within the City are hereby designated
as emergency "snow routes."
B. The
Mayor shall be the authority designated by this Section who may declare
a snow emergency or, in the Mayor' s absence, the Superintendent of
Public Works. When the Mayor or Superintendent of Public Works declares
a snow emergency, the announcement shall be announced publicly by
means of broadcasts or telecasts from stations with a normal operating
range covering the City, including the time it became or will become
effective.
C. Once
in effect, a prohibition under this Section shall remain in effect
until the streets have been completely cleared of the snow and/or
ice by snow removal equipment.
D. When
a snow emergency has been declared, it shall be unlawful for any person
to stop or park a motor vehicle on or on the shoulder of a designated
snow route and any vehicle found stopped or parked on or on the shoulder
of a snow route, whether attended or unattended, may be ordered towed
by the Police Department to keep the snow routes clear of traffic.
The presence of any vehicle found parked or abandoned in violation
of this Section on any snow routes shall be prima facie evidence that
the person in whose name such vehicle is registered, in the records
of the Director of Revenue of the State, committed or authorized such
violation.
E. Any
provision of this Section which becomes effective upon the occurrence
of certain weather conditions shall, while temporarily in effect,
take precedence over other conflicting provisions of law normally
in effect, except that it shall not take precedence over provisions
of law relating to traffic accidents, emergency travel of authorized
emergency vehicles, or emergency traffic directions of a Police Officer.
F. On
each street designated by this Section as a snow route, there shall
be posted special signs at intervals indicating that this is a snow
route. These signs shall be distinctive and uniform in appearance
and shall be plainly readable to persons traveling on the street or
highway.
[Ord. No. 03-2009 §5, 1-12-2009]
Whenever any motor vehicle without driver is found parked or
stopped in violation of any of the restrictions imposed by an ordinance
of the City or by State law, the officer finding such vehicle shall
take its registration number and may take any other information displayed
on the vehicle which may identify its user and shall conspicuously
affix to such vehicle a uniform parking ticket for the driver to answer
to the charge against him within seven (7) days.
[Ord. No. 03-2009 §5, 1-12-2009]
A. If
a violator of the provision of this Chapter relative to stopping,
standing or parking under the traffic laws or ordinances does not
appear in response to a uniform parking ticket affixed to such motor
vehicle within a period of thirty (30) days of the issuance of a notice,
the violation(s) will be considered outstanding and a summons to appear
before the Municipal Court issued.
B. The
operation or use of a motor vehicle in violation of the provisions
of this Section shall be prima facie evidence that said motor vehicle
was at the time of such violation controlled, operated and used by
the owner thereof.
[Ord. No. 03-2009 §5, 1-12-2009; Ord. No. 07-2018 § 1, 2-5-2018; Ord. No. 04-2020, 1-6-2020]
All parking violations, with the exception of those specified in Section
350.370 and
350.080, are punishable by a fine of not more than the amount listed in the Herculaneum Municipal Division Violations Bureau Fine Schedule.
[Ord. No. 03-2009 §5, 1-12-2009]
A. Any
person charged with an offense under this Chapter for which payment
of a fine may be made to the Municipal Court shall have the option
of paying their fine within the time specified in the notice of arrest
at the Municipal Court upon entering a plea of guilty and upon waiving
appearance in court; or may have the option of depositing required
lawful bail and upon plea of guilty shall be entitled to a trial as
authorized by law.
B. The
payment of a fine to the Municipal Court shall be deemed and acknowledgment
of conviction of the alleged offense and the court, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
[Ord. No. 03-2009 §5, 1-12-2009]
A. Whenever
any vehicle shall be found parked in a place in such a way as to obstruct
the free flow of traffic, such vehicle may be removed and conveyed
by or under the immediate direction of a member of the Police Department
by means of towing the vehicle to a designated impound lot or other
place under the control of the Police Department and the owner shall
be notified of such action. Before the owner or person in charge of
such vehicle shall be permitted to remove it from custody, he shall
furnish evidence of his identity and proof of ownership of the vehicle;
shall sign a release; and shall pay the cost of towing of the vehicle,
storage charges and other charges, if any.
B. Whenever
any vehicle shall be found parked in a place where parking is not
permitted pursuant to this Chapter or is in a state of abandonment
or disrepair, such vehicle may be tagged with a tow warning notice
for a period of not less than forty-eight (48) hours prior to removal.
Upon expiration of forty-eight (48) continuous hours, the vehicle
may be towed and conveyed by or under the immediate direction of a
member of the Police Department by means of towing the vehicle to
a designated impound lot or other place under the control of the Police
Department and the owner shall be notified of such action. Before
the owner or person in charge of such vehicle shall be permitted to
remove it from custody, he shall furnish evidence of his identity
and proof of ownership of the vehicle; shall sign a release; and shall
pay the cost of towing of the vehicle, storage charges and other charges,
if any.
[Ord. No. 03-2009 §5, 1-12-2009]
The Police Department is authorized to tow and impound any motor
vehicle within the City limits whenever there are four (4) or more
previously issued parking notices or one (1) or more traffic summons
that the driver, owner or person in charge of such motor vehicle has
failed to answer or appear on.