[Code 1964, § 17-1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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 or constable or deputy sheriff,
traffic officer or any privately owned vehicle operated as an ambulance
when responding to emergency calls.
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.
The lateral boundaries of that portion of the street designated
for the use of vehicles, whether marked with curbstones or not.
Every person who drives or is in actual physical control
of a vehicle.
A street or highway which has been paved with gravel, macadam,
concrete, or asphalt, or improved in any manner by adding material
or substance so as to present a surface other than the original earth
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 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.
The weight of the cargo of a commercial motor vehicle, in
addition to that of the chassis and body of the vehicle.
A Motor Vehicles and Traffic Code violation prosecuted that
does not involve an accident or injury, that does not involve the
operation of a commercial motor vehicle, and for which no points are
assessed by the Department of Revenue or the Missouri Department of
Revenue is authorized to assess one (1) to four (4) points to a person's
driving record upon conviction. Minor traffic violation shall include
amended charges for any minor traffic violation. Minor traffic violation
shall exclude a violation for exceeding the speed limit by more than
nineteen (19) miles per hour or a violation occurring within a construction
zone or school zone.
[Ord. No. 2583, 8-13-2020]
A motor vehicle designed or regularly used for carrying more
than eight (8) 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 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 self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
A Municipal Code violation prosecuted for which penalties
are authorized by statute under sections 67.398, 71.285, 89.120, and
89.490 of the Revised Statutes of Missouri. The term municipal ordinance
violation shall include amended charges for municipal ordinance violations.
[Ord. No. 2583, 8-13-2020]
All signs, signals, markings and devices not inconsistent
with this chapter, placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning
or guiding traffic.
A street where vehicles are by law required to move in one
(1) direction only.
The standing of a vehicle, whether occupied or not, upon
a roadway, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers.
Any person afoot.
Tires of rubber or other substance and fabric, inflated with
air.
Every officer of the city 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.
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 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 (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.
A space in any street lawfully designated by this Code or
other city ordinance for the safety of persons going to and returning
from public, private or parochial schools.
A motor vehicle, other than a motor bus, offered for or engaged
in carrying passengers for hire over a designated route and for a
fixed fare and over the route of which the passenger has no control.
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.
Tires of rubber or other resilient material, other than pneumatic
tires.
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 motor vehicle other than motor bus or service car, offered
for or engaged in carrying passengers for hire.
Any device, whether manually, electrically, or mechanically
operated, by which traffic is alternately directed to stop and proceed.
Any vehicle without motive power designed for carrying passengers
or property on its own structure and for being drawn by a vehicle,
except those running exclusively on tracks, including a semitrailer
or vehicle of the trailer type, so designed and used in connection
with any vehicle that a considerable part of its weight rests upon
and is carried by the towing vehicle.
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, or cotton trailers or motorized wheelchairs
operated by handicapped persons.
[Code 1964, § 17-2]
(a)
It shall be the duty of the officers of the police department or
such officers as are assigned by the chief of police to enforce all
street traffic laws of the city and all of the state vehicle laws
applicable to street traffic in the city.
(b)
Officers of the police department or such officers as are assigned
by the chief of police are hereby authorized to direct all traffic
by voice, hand, or signal in conformance with traffic laws; provided
that, in the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians, officers of the police department may
direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
(c)
Officers of the fire department, when at the scene of a fire, may
direct or assist the police in directing traffic thereat or in the
immediate vicinity.
[1]
State law reference — Similar provisions, RSMo. § 300.075.
[Code 1964, § 17-3]
No person shall wilfully fail or refuse to comply with any lawful
order or direction of a police officer or fire department official.
[1]
State law reference — Similar provisions, RSMo. § 300.080.
[Code 1964, § 17-4; Ord. No. 1346, § 1, 3-19-1987; Ord. No. 1760, § 1, 11-20-1997]
(a)
The police department is hereby empowered to make and enforce regulations
necessary to make effective the provisions of this chapter and to
make and enforce temporary or experimental regulations to cover emergencies
or special conditions. No such temporary or experimental regulation
shall remain in effect for more than ninety (90) days.
(b)
The police department may test traffic control devices under actual
conditions of traffic.
[Code 1964, § 17-5]
The provisions of this chapter shall apply to the operator of
any vehicle owned by or used in the service of the United States Government,
the state, the county and this city, and it shall be unlawful for
any such operator to violate any of the provisions of this chapter,
except as otherwise permitted in this chapter.
[1]
State law reference — Similar provisions, RSMo. § 300.095.
[Code 1964, § 17-6]
(a)
The driver of an authorized emergency vehicle, when responding to
an emergency call or when in the pursuit of an actual or suspected
violator of the law or when responding to but not upon returning from
a fire alarm, may exercise the privileges set forth in this section,
but subject to the conditions herein stated.
(b)
The driver of an authorized emergency vehicle may:
(1)
Park or stand, irrespective of the provisions of this chapter;
(2)
Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
(3)
Exceed the maximum speed limits so long as he does not endanger life
or property;
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
(c)
The exemptions herein granted to a authorized emergency vehicle shall
apply only when the driver of any such vehicle while in motion sounds
audible signal by bell, siren, or exhaust whistle as may be reasonably
necessary, and when the vehicle is equipped with at least one (1)
lighted lamp displaying a red light visible under normal atmospheric
conditions from a distance of five hundred (500) feet to the front
of such vehicle.
(d)
The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons, nor shall such provisions protect the driver from
the consequences of his reckless disregard for the safety of others.
[1]
State law reference — Similar provisions, RSMo. § 300.100.
[Code 1964, § 17-7]
Every person propelling any pushcart or riding an animal upon
a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of this chapter applicable to the driver
of any vehicle, except those provisions of this chapter which by their
very nature can have no application.
[1]
State law reference — Similar provisions, RSMo. § 300.085.
[Code 1964, § 17-8]
It shall be unlawful for any person to solicit the privilege
of watching or guarding a vehicle while parked on the streets of this
city.
[Code 1964, § 17-9]
It shall be unlawful for any person to board or alight from
any car or vehicle while such car or vehicle is in motion.
[Code 1964, § 17-10]
It shall be unlawful for any person to ride on any vehicle or
any portion thereof not designed or intended for the use of passengers
when the vehicle is in motion. This section shall not apply to any
employee engaged in the necessary discharge of a duty or to persons
riding within truck bodies in space intended for merchandise.
[Code 1964, § 17-11]
No person riding upon any bicycle, motorized bicycle, coaster,
sled, roller skates or any toy vehicle shall attach the same or himself
to any vehicle upon a roadway.
[1]
State law reference — Similar provisions, RSMo. § 300.350.
[Code 1964, § 17-12]
(a)
It shall be unlawful for the operator of any bicycle or motorcycle,
when upon the street, to convey any other person upon the handle bar,
frame or tank of any such vehicle, or for any person other than the
operator to so ride upon any such vehicle.
(b)
Operators and riders of any motorcycle or motorized bicycle in the
city shall wear what are commonly known as crash helmets and safety
goggles or plastic transparent face shields at all times while such
vehicle is in motion.
[Code 1964, § 17-12]
(a)
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
such motorcycle is designed to carry more than one (1) person, in
which event a passenger may ride upon the permanent and regular seat
if designed for two (2) persons, or upon another seat firmly attached
to the rear or side of the operator.
(b)
The operator of a motorized bicycle shall ride only astride the permanent
and regular seat attached thereto, and shall not permit more than
one (1) person to ride thereon at the same time, unless the motorized
bicycle is designed to carry more than one (1) person. Any motorized
bicycle designed to carry more than one (1) person must be equipped
with a passenger seat and footrests for the use of a passenger.
[1]
State law reference — Similar provisions, RSMo. § 300.345.
[Code 1964, § 17-13]
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle, or similar device, shall go upon any roadway
except while crossing a street on a crosswalk and when so crossing
such person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians. This section shall
not apply upon any street while set aside as a play street as authorized
by ordinance of the city.
[1]
State law reference — Similar provisions, RSMo. § 300.090.
[Code 1964, § 17-14]
(a)
It shall be unlawful for the directing officer or operator of any
railroad train or vehicle to direct the operation of or to operate
the same in such a manner as to prevent the use of any street for
the purpose of travel for a period longer than five (5) minutes; except
that, this provision shall not apply to trains, motor busses or vehicles
in motion other than those engaged in switching.
(b)
It shall be unlawful for any street railway train, motor bus, or
other vehicle to stop within an intersection or on a crosswalk for
the purpose of receiving or discharging passengers.
[Code 1964, § 17-15]
(a)
Upon those streets and parts of streets and in those alleys described
and designated by ordinance, vehicular traffic shall move only in
the indicated direction when signs indicating the direction of traffic
are erected and maintained at every intersection where movement in
the opposite direction is prohibited.
(b)
Whenever any ordinance of the city designates any one-way street
or alley the city shall place and maintain signs giving notice thereof,
and no such regulation shall be effective unless such signs are in
place. Signs indicating the direction of lawful traffic movement shall
be placed at every intersection where movement of traffic in the opposite
direction is prohibited.
[1]
State law references—Similar provisions, RSMo. §§ 300.240,
300.245.
[Code 1964, § 17-16]
(a)
No person having control or charge of a motor vehicle shall allow
such vehicle to stand on a street unattended without first setting
the brakes thereon and stopping the motor of such vehicle, and when
standing upon a perceptible grade, without turning the wheels of such
vehicle to the curb or the side of the road, so as to keep it from
going into motion.
(b)
No person shall leave a motor vehicle unattended on the highway without
first stopping the motor and cutting off the electric current.
[1]
State law reference — Similar provisions, RSMo. § 304.150.
[Code 1964, § 17-17]
(a)
No person shall drive, operate, use or tamper with a motor vehicle
or trailer without the permission of the owner.
(b)
No person shall, without the permission of the owner or person in
charge thereof, climb upon or into or swing upon any motor vehicle
or trailer, whether the same is in motion or at rest, or sound the
horn or other sound-producing device thereon, or attempt to manipulate
any of the levers, or set the machine in motion.
(c)
The provisions of this section apply to any person employed by the
owner of such motor vehicle as a chauffeur or registered operator
if the motor vehicle is driven, operated, used or tampered with without
the owner's knowledge or expressed consent or in violation of his
instructions.
(d)
No person shall knowingly ride in a motor vehicle which has been
stolen or is being used or operated without the consent or knowledge
of the owner.
(e)
No person shall remove or tamper with any gasoline tank or gasoline
tank cap of any vehicle or remove any gasoline from any such tank
without the consent or permission of the owner.
[Code 1964, § 17-18]
It shall be unlawful for any person to throw or place or cause
to be thrown or placed on or upon any street of this city any tacks,
wire, nails, scrap metal, glass, crockery, sharp stones or other substance
injurious to the feet of persons or animals or to the tires or wheels
of vehicles. Any person who has purposely, accidentally, or by reason
of an accident, dropped from his person or any vehicle, any such substances
upon any highway shall immediately make all reasonable efforts to
clear the highway of the substances.
[1]
State law reference — Similar provisions, RSMo. § 304.160.
[Code 1964, § 17-19; Ord. No. 2258 § 1, 8-1-2013]
It shall be unlawful for any person under the age of sixteen
(16) years to operate a motor vehicle on the streets of this city,
unless the person has been issued a valid temporary instruction permit
issued pursuant to Chapter 302, RSMo. and operates the motor vehicle
in a manner consistent with the restrictions for such permit. It shall
be unlawful for the owner of any motor vehicle to permit any person
under the age of sixteen (16) years of age to operate such motor vehicle
on the streets of this city, unless the person under the age of sixteen
(16) has been issued a valid temporary instruction permit issued pursuant
to Chapter 302, RSMo. and operates the motor vehicle in a manner consistent
with the restrictions for such permit.
[1]
State law references—Minimum age of operators of motor
vehicles, RSMo. §§ 302.060, 302.070.
[Code 1964, § 17-20; Ord. No. 1626, § 1, 10-6-1994; Ord. No. 1880 § 1, 6-7-2001]
(a)
It shall be unlawful for any person to operate a motor vehicle on
any street in the city unless the operator of such motor vehicle has
in his possession a valid, current, state license to operate a motor
vehicle of the class being operated.
(b)
It shall be unlawful for any person whose license or driving privilege
as a resident or nonresident has been canceled, suspended, or revoked
by the State of Missouri or the state of such operator's residence
to drive any motor vehicle upon any street in the city while such
license and privilege is canceled, suspended or revoked and before
an official reinstatement notice or termination notice is issued by
the responsible licensing official in accord with the applicable law.
(c)
It shall be unlawful for any person to authorize or knowingly permit
a motor vehicle owned by him or under his control to be driven upon
any street in the city by any person who does not have a valid, current
state license to operate a motor vehicle of the class being operated.
[Ord. No. 1924 § 1, 8-1-2002]
(a)
No person between the ages of sixteen (16) and eighteen (18) years
who is qualified to obtain a license pursuant to chapter 302 of the
Missouri Revised Statutes (2000) shall operate any motor vehicle as
defined in the traffic code of the city of Bellefontaine Neighbors
in or upon the streets of the city unless such person has in his/her
possession a valid current intermediate driver's license of the appropriate
class in accordance with the laws of this state.
(b)
No person having an intermediate driver's license shall operate a
motor vehicle in or upon the streets of the city between the hours
of 1:00 a.m. and 5:00 a.m. unless accompanied by a licensed operator
for the type of motor vehicle being operated who is actually occupying
a seat beside the driver for the purpose of giving driving instruction
and who is at least twenty-one (21) years of age; except such a licensee
may operate a motor vehicle without being so accompanied if the travel
is to or from a school or educational program or activity, a regular
place of employment, or in emergency situations as defined by the
Missouri Director of Revenue by regulation.
(c)
No person having an intermediate driver's license shall operate a
motor vehicle in or upon the streets of the city unless such driver
and all passengers in the licensee's vehicle are wearing safety belts
at all times. This safety belt restriction shall not apply to a person
operating a motorcycle.
[Code 1964, § 17-21; Ord. No. 800, § 1, 9-16-1971]
Except as otherwise provided in this section, it shall be unlawful
for any person to operate a motor vehicle on the streets of this city
unless there are two (2) state registration number plates for the
current year thereon and properly issued in accordance with state
law for such vehicle and registration plates must be entirely unobscured,
unobstructed, all parts thereof plainly visible and kept reasonably
clean and so fastened as not to swing. On all motor vehicles one (1)
such registration plate shall be displayed on the rear and another
such registration plate on the front of such motor vehicle not less
than eight (8) nor more than forty-eight (48) inches above the ground.
On trailers, motorcycles and motortricycles, one (1) such registration
plate shall be so displayed on the rear. On trucks, tractors, truck
tractors or truck-tractors licensed in excess of twelve thousand (12,000)
pounds one (1) such plate shall be displayed on the front.
[Code 1964, § 17-22; Ord. No. 2581, 7-16-2020]
The police department is hereby authorized to close any street, alley, public place or highway and withdraw the same from public use temporarily and during such time or period as public work thereon or other public emergency or expediency shall make such action necessary. No person shall use or attempt to use such street, public place or highway so withdrawn from public use or drive any vehicle or animal thereon. The police department shall place a sign or placard at each end of the portion withdrawn from public use, which shall have the following words. Printed thereon in letters three (3) inches high: "STREET CLOSED." Followed by: Printed thereon in letters that are a minimum of one-third (1/3) the "STREET CLOSED" or one (1) inch high: "This street is closed to public use by authority of Section 17-23 of the City Code."
[Code 1964, § 17-23]
When one vehicle is being towed by another, they shall be coupled
by a line so that the two (2) vehicles will be separated by not more
than fifteen (15) feet, and there shall be displayed on the tow line
a white cloth or paper so that the same will be clearly visible to
other users of the street. During the time lights are required by
this chapter, the required lights shall be displayed by both vehicles.
[1]
State law reference — Similar provisions, RSMo. § 307.170(6).
[Code 1964, § 2-34; Ord. No. 2258 § 1, 8-1-2013]
The mayor, with the approval of the board of aldermen, shall
appoint school crossing guards, whose duties shall be to regulate
the flow of vehicular and pedestrian traffic to provide for the safety
of pedestrian children going to and from schools within the city,
at such locations and during such hours and in such numbers as shall
be designated by the mayor, upon recommendation of the public safety
commission.
[Code 1964, § 17-24]
Commercial motor vehicles shall have the name of the owner painted
thereon. No person owning any vehicle of any kind or character used
for commercial purposes shall use such vehicle for commercial purposes
upon the streets of this city unless there shall be painted thereon
in a conspicuous place a sign stating the name and address of the
owner thereof in letters at least three (3) inches in height; provided
that, such sign shall not be required upon vehicles exclusively used
for conveyance of passengers.
[Code 1964, § 17-25]
(a)
Whenever any person is arrested violating any provision of this chapter
or any other city traffic ordinance, the arresting officer shall take
the violator's name, address, operator's or chauffeur's license number,
city license number and the registration number and the name of the
motor vehicle involved, and issue to him, in writing on a form provided
by the police department, a notice to answer to the charge against
him on a day specified in the notice and during the hours and at a
place specified in such notice. The officer shall thereupon, upon
the giving by the violator of his written promise to answer as specified
in the notice, release him from custody; provided that, if such violator
is a nonresident of the city, the arresting officer may require that
the violator enter into a recognizance with sufficient security conditioned
that he will appear before the municipal judge at the time and place
appointed before he shall release such violator from custody, and
if the violator shall fail or refuse to enter into such recognizance,
he may be committed to prison and held to answer such complaint. The
arresting officer shall send one (1) copy of such notice to the judge.
(b)
Any person who wilfully violates his written promise to appear, given
in accordance with this section shall be guilty of a violation of
this Code, regardless of the disposition of the charge on which he
was originally arrested.
(c)
Whenever a motor vehicle without an operator is found parked in violation
of any of the parking restrictions of this chapter or any other city
ordinance, the officer finding it shall take its registration number,
and any other information displayed on the vehicle which may identify
its user, and affix conspicuously to such vehicle a notice, in writing,
on a form provided by the police department, for the operator to answer
to the charge against him on a day specified in the notice and during
hours and at a place specified in such notice. The officer shall send
one (1) copy of such notice to the municipal judge.
(d)
Any operator of a motor vehicle who wilfully neglects to answer to
the charges set forth in a notice affixed by a police officer, in
accordance with this section, to such motor vehicle shall be guilty
of a violation of this Code, regardless of the disposition of the
charge for which the notice was originally issued.
[Ord. No. 2258 § 1, 8-1-2013]
(a)
General. The judge of the municipal court shall
make an order setting up a schedule of fines and/or court costs for
associated and respective traffic violations which might be paid before
trial by anyone charged with any of such traffic violations.
(b)
Parking fines. The following shall be the parking
violation fines which also may be paid to the traffic violations bureau
prior to court hearing on the same:
|
Angle
|
$7.00
| |
|
Double
|
$7.00
| |
|
Between restricted hours
|
$7.00
| |
|
Over the permitted time
|
$7.00
| |
|
Improper place to park
|
$7.00
| |
|
Within ten (10) feet of a fire hydrant
|
$7.00
| |
|
Within six (6) feet of a U.S. mail box
|
$7.00
| |
|
Head wrong direction (parking on wrong side of street)
|
$7.00
| |
|
In alley
|
$7.00
| |
|
In violation of "no parking" signs
|
$7.00
| |
|
At crosswalk or street intersection
|
$7.00
| |
|
With motor running unattended
|
$7.00
| |
|
Leaving horse-drawn vehicle unattended
|
$7.00
| |
|
More than one (1) foot from curb
|
$7.00
| |
|
Improperly parked commercial vehicle
|
$100.00
| |
|
Improperly parked inoperable vehicle
|
$50.00
| |
|
However, if not paid in advance as prescribed, court costs may
also be assessed.
| ||
[Code 1964, § 17-26]
All fines or forfeitures collected upon convictions or upon
forfeitures of bail of any person charged with a violation of any
of the provisions of this chapter or any other city traffic ordinance
shall be paid into the city treasury and deposited in the general
fund of the city.
[Code 1964, § 17-27]
Whenever any vehicle shall be found parked in a place where
parking is not permitted, or in violation of other parking regulations,
or whenever any vehicle has an expired state license displayed thereon,
or whenever any vehicle is abandoned or a derelict, such vehicle may
be removed or conveyed by or under the immediate direction of a member
of the police department by means of towing the same to a lot or premises
owned by the city or other place or places owned or occupied by a
party with whom this city has contracted for such purposes and who
shall have given a surety bond to this city, in form and content approved
by the city attorney, the general condition of such bond to be the
safekeeping of such towed automobiles as may be placed thereon by
the city.
[Code 1964, § 17-28]
Before the owner or person entitled to any vehicle impounded pursuant to section 17-30 shall be permitted to remove it from the custody of the police department, he shall furnish evidence of his identity, title of vehicle, shall sign a release and shall pay the cost of towing of the vehicle and storage charges, if any. The charge for storage of vehicles, if stored on city property, shall be one dollar ($1.00) per day; if any contract shall be made for storage of towed automobiles on other premises, such contract shall specify the storage charges to be made, and the same shall be reasonable.
[Code 1964, § 17-29]
Whenever a vehicle has been removed pursuant to section 17-31 and has not been redeemed by the owner thereof for a period of ninety (90) days, the mayor may order the same to be sold for cash at public auction to the highest bidder; provided, before any such sale shall take place, the police department shall cause an investigation to be made for the purpose of determining the identity of the owner of such vehicle, and the police department shall advertise such sale by publishing a notice thereof, at least once, in some newspaper of general circulation in this city, not less than five (5) days prior to such sale. Such notice shall give the identity of the record owner, if known, the terms, date, time and place of such sale, together with a particular description of such vehicle. The proceeds of any such sale, less costs incurred by the police department in towing, storing of the vehicle and expenses of sale, shall be deposited with the city treasurer, and the board of aldermen shall be given a statement of the amount so deposited, together with a statement of such costs incurred by the police department in towing, storing of the vehicle and the expenses of sale, a written newspaper publisher's affidavit of publication, together with a police report of the sale, including the name and address of the purchaser. Any owner who makes application to the board of aldermen within one (1) year of the date of sale, upon proof establishing his ownership, shall be given a city warrant for any amount remaining after the aforesaid costs and expenses have been deducted. The owner may redeem any such vehicles before sale by paying all such costs and expenses, or at such sale he shall be afforded prior opportunity to so redeem before any other person is sold such vehicle.
[Ord. No. 1370, §§ 1 — 5, 12-3-1987]
(a)
In order to promote the safe movement of traffic and pedestrians
upon the streets and highways of the city, the operation of unlicensed
"all-terrain vehicles" upon the public streets and highways of the
city is prohibited, unless they have been so modified to meet all
licensing requirements for the State of Missouri and are so properly
licensed.
(b)
For the purposes of this section, the term "all-terrain vehicle"
shall include all three (3) and four (4) wheel motorized vehicles
designed primarily for use over terrain other than paved streets and
highways. For the purposes of this section, "license" refers to a
state license that a vehicle receives in order to be operated on a
public street or highway within a state.
(c)
A protective helmet, such as required for operators of motorcycles,
must also be used by operators of such all-terrain vehicles.
(d)
Any person violating the provisions of this section shall, upon conviction
thereof, be deemed guilty of a misdemeanor and subject to a fine not
exceeding one hundred dollars ($100.00).
[Ord. No. 1993, § 1, 1-20-2005]
(a)
The regulations in this Section apply to persons operating or riding
upon bicycles, scooters, in-line skates, roller skates, or skateboards
when such devices are operated upon any highway, roadway, alleyway,
sidewalk or upon any path available for the use of such devices.
(b)
For purposes of this Section, a "scooter" shall
be defined as a device that typically has one (1) front and one (1)
rear wheel with a low footboard between, is steered by a handlebar,
and is propelled either by pushing one foot against the ground while
resting the other foot on the footboard or by a motor. A scooter may
have more than two (2) wheels.
(c)
For purposes of this Section, a "bicycle" shall be as defined in Section 17-311 of this Code of Ordinances.
(d)
For purposes of this Section, the term "helmet" means
a piece of headgear which meets or exceeds the impact standard for
protective bicycle helmets set by the U.S. Consumer Products Safety
Commission federal safety standards, those developed by the American
National Standards Institute (ANSI), the Snell Memorial Foundation,
or the American Society of Testing and Materials (ASTM).
(e)
Every person under the age of seventeen (17) years operating or being
a passenger on a bicycle, or using a scooter, in-line skates, roller
skates or a skateboard shall wear a bicycle helmet of good fit, fastened
securely upon the head with the straps of the helmet.
(f)
No person operating a bicycle shall allow anyone under the age of
seventeen (17) years to ride as a passenger unless the passenger is
wearing a bicycle helmet; or else is in an enclosed trailer or other
device which meets or exceeds current nationally recognized standards
of design and manufacture for the protection of the passenger's head
from impacts in an accident without the need for a helmet.
(g)
No parent, custodian or legal guardian of a person under the age
of seventeen (17) years shall knowingly permit said person to operate
or be a passenger on a bicycle, or to use a scooter, in-line skates,
roller skates and skateboards without wearing a bicycle helmet.
(h)
No person operating a bicycle shall allow anyone who is either four
(4) years old or younger or weighing forty (40) pounds or less to
ride as a passenger on the bicycle other than in a seat which shall
adequately retain the passenger in place and protect the passenger
from the bicycle's moving parts.
(i)
Any operator of or passenger on equipment described in this Section
found to be in violation of this Section may be issued an equipment
violation notice as prescribed on a Missouri Uniform Complaint and
Summons. The person responsible for payment of the violation may have
the violation dismissed, if the person submits a receipt for a proof
of purchase of a bicycle helmet along with the helmet to the Bellefontaine
Neighbors Police Department within five (5) calendar days of the date
of the violation notice.
(j)
Fines assessed to juvenile violators (age sixteen (16) and under)
will be the legal responsibility of the violator's parent, custodian
or legal guardian; and therefore any summons issued as a result of
a violation committed by such a juvenile shall be issued to said violator's
parent, custodian or legal guardian.
(k)
This Section shall not apply to bicycles, scooters, in-line skates,
roller skates or skateboards operated on private residential property.
