[Ord. No. 703 §24(B,C), 2-7-1967; Ord. No. 932 §11.175, 11-3-1980]
A.
No
person shall place, maintain or display upon or in view of any highway
an unauthorized sign, signal, marking or device which purports to
be or is an imitation of or resembles an official traffic control
device or railroad sign or signal, or which attempts to direct the
movement of traffic, or which hides from view or interferes with the
effectiveness of any official traffic control device or any railroad
sign or signal.
B.
No
person shall place and maintain, nor shall the County Court permit
on any street, alley or highway in said County, any traffic control
sign, signal, or marking bearing thereon commercial advertising. This
shall not be deemed to prohibit the erection on private property adjacent
thereto, "provided such do not hide from view or interferes with the
effectiveness of any official traffic control signs, signals, markings
or devices, or railroad signs and signals," of signs giving useful
information and of a type that cannot be mistaken for those official.
C.
Every
such prohibited sign, signal, marking device or other obstruction
to expeditious traffic movement, is hereby declared a public nuisance
and the authority having jurisdiction is hereby empowered to remove
the same or cause such to be removed without due notice.
[Ord. No. 703 §12 (d,f), 2-7-1967; Ord. No. 932 §11.083 §§1-3, 11-3-1980]
A.
Basic Rule. Every person operating a vehicle on the highways,
streets or alleys of this City, shall operate said vehicle so as to
have due regard for the hazards existing at any time and place and
shall be reasonable, careful and prudent, so as not to endanger any
person, property, life or limb.
B.
No
person shall drive a motor vehicle at such a slow speed as to impede,
congest or block the normal and reasonable movement of traffic, except
when reduced speed is necessary for safe operation or in compliance
with the law. Police Officers are hereby authorized to enforce this
provision by directions to drivers and in event of apparent disobedience
of this provision and refusal to comply with the direction of an officer
in accordance therewith, the continued slow operation by a driver
shall be a misdemeanor.
C.
Violation
of the provisions of Schedule I specifying speed limits shall not
be construed to relieve the parties in any civil action or any claim
or counterclaim from the burden of proving negligence or contributory
negligence as the proximate cause of an accident or as the defense
to a negligence action.
D.
Violation
of the provisions of this Section specifying speed limitations shall
not be construed to relieve the parties in any civil action or any
claim or counterclaim from the burden of proving negligence or contributory
negligence as the proximate cause of an accident or as the defense
to a negligence action.
E.
The
Board of Aldermen of the Municipality aforesaid, is hereby authorized,
to establish and post (except on State and Federal marked highways
and then only when approved by the State Highways and Transportation
Commission), critical zones of hazard where the foregoing declared
speeds are considered hazardous to person, property, life and limb,
and may post a reduced prima facie speed limit not more than ten (10)
miles per hour less than the existing speed limits so declared in
Schedule I of this Title.
[Ord. No. 932 §11.207, 11-3-1980]
The use of, and results determined by, any speed meter, machine
or mechanism which seeks to reduce the error of manual operation to
a minimum, shall be acceptable as evidence where driving in excess
of posted speed limit is an element in the violation of an ordinance
except the use thereof shall not be construed to exclude any competent
evidence secured by any other manner or means.
[Ord. No. 932 §11.236, 11-3-1980]
The limitations set forth in Section 300.235, RSMo., of the Model Traffic Code, adopted in Section 300.010 of this Title, prohibiting turning around in a business district shall also apply to through streets.
[Ord. No. 932 §11.256, 11-3-1980]
By this Section all State and Federal marked highways within
this City as well as any streets adjacent to a public school are hereby
declared through streets and all traffic operating in such municipalities
shall come to a complete stop, before operating onto or across such
declared through streets.
A.
Unless
otherwise provided for by law, it shall be unlawful for any person,
except those expressly exempted by Section 302.080, RSMo., to:
1.
Operate any vehicle upon any highway in this City unless he has a
valid license;
2.
Operate a motorcycle or motor-tricycle upon any highway of this City
unless such person has a valid license that shows he has successfully
passed an examination for the operation of a motorcycle or motor-tricycle
as prescribed by the Director. The Director may indicate such upon
a valid license issued to such person, or shall issue a license restricting
the applicant to the operation of a motorcycle or motor-tricycle if
the actual demonstration, required by Section 302.173, RSMo., is conducted
on such vehicle;
3.
Authorize or knowingly permit a motorcycle or motor-tricycle owned
by him or under his control to be driven upon any highway by any person
whose license does not indicate that the person has passed the examination
for the operation of a motorcycle or motor-tricycle or has been issued
an instruction permit therefor;
4.
Operate a motor vehicle with an instruction permit or license issued
to another person.
B.
Every
person operating or riding as a passenger on any motorcycle or motor-tricycle,
as defined in Section 301.010, RSMo., upon any highway of this City
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.
[Ord. No. 88-8 §§1-6, 5-3-1988; Ord. No. 08-18 §§1 — 2, 7-15-2008]
A.
ALL-TERRAIN VEHICLES
Definition.
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.
B.
Permits
for the operation of all-terrain vehicles on City streets shall be
issued annually and shall be due on or before July first (1st) of
each year. There shall be no proration of the fee for any permit issued
after July first (1st) and all permits issued after July first (1st)
shall expire on the next July first (1st) following.
C.
The City Clerk shall issue an all-terrain vehicle permit as permitted by Section 300.348, RSMo., as adopted in Section 300.010 of this Title, to an owner of an all-terrain vehicle, provided the owner:
1.
Pays a registration fee of fifteen dollars ($15.00), to defray the
cost of registration and recordkeeping;
2.
Is sixteen (16) years of age;
3.
Is possessed of a valid operator's or chauffeur's license and motorcycle
permit if required by State law;
4.
Produces proof of registration of said all-terrain vehicle with the
State of Missouri by offering the Certificate of Registration and
displaying on the all-terrain vehicle the registration decal;
5.
All-terrain vehicles shall display all safety equipment which may
be required by State law; and
6.
Is not in arrears to the City of Albany for any personal and real
estate taxes due at the time of issuance.
D.
Upon compliance with the requirements of Subsection (C) aforesaid, and each subpart thereof, the City Clerk shall issue a serially numbered permit. The City Clerk shall keep a permanent record in the form of an application signed by the individual, showing the following:
E.
The
permit shall be evidenced by the issuance of a decal, serially numbered,
and capable of being affixed to the all-terrain vehicle. The decal
shall be affixed and displayed on the front of the left front fender
of the all-terrain vehicle.
F.
The purpose of this Section is to provide for registration of all-terrain vehicles within the City of Albany, Missouri, in accordance with Section 300.348, RSMo., as adopted in Section 300.010 of this Title, and Section 304.013, RSMo. In the event of any conflict with State law, then State law shall govern.
[Ord. No. 932 §11.082, 11-3-1980]
No person shall authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any street of
this City by one who is not authorized or in violation of any of the
ordinances of the City of Albany, Missouri.
[Ord. No. 932 §11.341, 11-3-1980]
No person shall drive an overloaded vehicle or one loaded in
such manner that any part of the load is likely to fall upon and litter
any highway, street or alley in this Municipality, or cause injury
or grief to persons or damage to other vehicles, nor shall he permit
any part, portion or whole of such load to fall upon and remain upon
the highway, street or alley.
[Ord. No. 932 §11.342, 11-3-1980]
It shall be unlawful for any person or persons driving a motor
vehicle carrying livestock, garbage, carrion, fecal matter, or any
odoriferous cargo, which may be declared a public nuisance detrimental
to public health and welfare to park the same within two hundred (200)
feet of any residence or business establishment (except for loading
or unloading purposes and then not exceeding thirty (30) minutes at
any area or place). It shall further be unlawful to park such motor
vehicle empty, which has been hauling or contains such described odoriferous
matter which may likewise be classed as a nuisance within two hundred
(200) feet of any residence or business establishment until the same
has been thoroughly cleaned and deodorized if deemed necessary by
City Officials.
[Ord. No. 932 §11.496, 3-11-1980]
A.
The
driver of a vehicle upon a highway upon meeting or overtaking from
either direction any school bus which has stopped on the highway for
the purpose of receiving or discharging any school children and whose
driver has in the manner prescribed by law given the signal to stop,
shall stop the vehicle before reaching such school bus and shall not
proceed until such school bus resumes motion, or until signaled by
its driver to proceed.
B.
Every
such school bus operating within this Municipality shall comply with
all rules, regulation or regulations of the State Board of Education
in and for the operation thereof.
[Ord. No. 703 §34, 2-7-1967]
A.
All
vehicles used in the transportation of the bodies of dead animals,
under the provisions of this Section, shall have a tank or metal lining
in the bed of such vehicle, so that no drippings, or seepage from
dead bodies shall escape from such vehicle while engaged in such transportation,
and every vehicle shall have a bed of such depth and type of construction
and equipment that any dead bodies therein shall be completely hidden
from view of persons using the highways, streets or alleys and any
public nuisance obviated while being transported.
B.
No
person may haul or transport over the highways, streets, or alleys
of this Municipality, the bodies of dead animal (except those that
have been slaughtered and intended for human food), without first
obtaining and holding a license to transport bodies of dead animals
or one who is acting for such licensee.
[Ord. No. 01-35 §§1 —
6, 11-20-2001; Ord. No.
02-02 §§1 — 5, 2-5-2002]
A.
GROSS VEHICLE WEIGHT (GVW)
TRUCKS
Definitions. The
following words, terms and phrases used in this Section shall have
the meanings ascribed to them in this Section except where the context
clearly indicates a different meaning:
Vehicles that have any of the following characteristics:
B.
Designation Of Truck Route.
1.
The Board of Aldermen is authorized to designate by resolution certain
roads, streets, highways or bridges as truck routes and to place appropriate
signage on a designated truck route. The designation of truck routes
may include, without limitation, restrictions on the weight, size
or type of truck allowed to travel on any road, street, highway or
bridge designated as a truck route.
2.
If the Board designates truck routes, all persons operating trucks
as defined herein within the incorporated areas of the City for commercial
purposes only that have as a point of origin or destination a location
which is off an officially designated truck route shall proceed to
or from the nearest officially designated truck route by the shortest
possible route using any regular City street not posted with signs
expressly prohibiting truck traffic.
3.
All persons operating trucks as defined herein that leave or enter
the nearest point of an officially designated truck route to or from
the destination or origin of an officially designated truck route
using regular City streets shall have a bill of lading, delivery slip
or other evidence to show the actual point of destination or origin.
Each driver shall exhibit such evidence to any Law Enforcement Officer
on demand of that Law Enforcement Officer. Failure to do so shall
create a presumption that the driver is in violation of this Section.
C.
The
Board of Aldermen, the City Engineer or other persons designated by
the Board of Aldermen or the City Engineer whenever by thawing of
frost, rains or soft conditions due to construction, reconstruction
or maintenance, adverse critical weather conditions or other causes
detrimental to the physical condition of the service of such highways,
streets and alleys in this municipality are hereby authorized to further
limit the gross vehicle weight below that described in this Section
to such an amount and in such manner as will preserve their economical
use by the general public. When posted or marked, it shall be unlawful
to transport any gross load in excess of the posted notice. In addition
to conviction and punishment of the person operating the truck for
a misdemeanor, the registered owner of any truck in violation of this
Section shall be liable in any court of competent jurisdiction for
destructive damages to the surface and physical conditions pertaining,
as determined and by any action of this City.
D.
Exceptions. The above prohibition is subject to the following
exceptions:
1.
Trucks may be operated upon any street which abuts their point of
destination provided such destination is a permitted destination by
applicable law, ordinance, rule or regulation.
2.
Trucks may be operated upon any street, road or highway which is
a part of a City authorized detour.
3.
Authorized emergency personnel may operate trucks which are emergency
vehicles upon any street, road or highway necessary in the exercise
of their duties.
4.
Trucks owned or operated by or under contract to the public utilities,
including any licensed, franchised or authorized garbage, solid waste
or yard trash service, electric, cable, telephone corporation or any
governmental agency or entity, may be operated upon any street, road
or highway necessary for the installation, restoration or emergency
maintenance of utilities or other services or to the proper performance
of the duties of that utility.
5.
Wrecker trucks towing a disabled vehicle or combination of vehicles
in an emergency may be operated upon any street, road or highway enroute
to the nearest point for parking or storage of a disabled vehicle.
6.
Vehicles used primarily for the transportation of passengers.
7.
Recreational vehicles, which are a portable, temporary dwelling to
be used for travel, recreation and vacation, constructed as an integral
part of a self-propelled vehicle.
8.
Semi-trucks without trailers and unloaded ten (10) wheel trucks.
E.
Punishment. Any person operating a truck in violation of
this Section shall be deemed 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 imprisonment in the
County Jail for not more than ninety (90) days, or by both such fine
and imprisonment.
[1]
Editor's Note — Ord. no. 01-35 §6, adopted November
20, 2001, repealed section 305.130, limiting and restricting the weight
of vehicles traveling on the city streets, and enacted the new provisions
set out herein. Former section 305.130 derived from ord. no. 932 §11.551,
11-3-1980.
The driver of a vehicle approaching a blind or visually handicapped,
deaf or partially deaf person or physically disabled person who is
carrying a cane predominantly white or metallic in color, with or
without a red tip, or using a guide dog, hearing dog or service dog
shall yield to such blind pedestrian, and any driver who fails to
take such precautions shall be liable in damages for any injury caused
such pedestrian; provided that a totally or partially blind pedestrian
not carrying such cane or using a guide dog, hearing dog or service
dog in any of the places, accommodations or conveyances listed in
Section 209.150, RSMo., shall have all of the rights and privileges
conferred by law upon other persons.
[Ord. No. 703 §27, 2-7-1967]
Angle parking within the corporate limits of this Municipality in contradiction to Section 300.440, RSMo., as adopted in Section 300.010 of this Title will be permitted on such highways, streets or alleys or portions thereof, and for such periods of time as described and listed in Schedule IV of this Title.
[Ord. No. 703 §26, 2-7-1967]
The proper officials of this Municipality and the State Highways
and Transportation Commission, or their agents, in their respective
jurisdiction, may prohibit stopping, standing, or parking on any portion
of a highway, street or alley within the corporate limits, adjacent
and continuous to the property of any school, church or public building
owned by and related to the general use of the public, when in their
opinion the same would interfere with and be hazardous to such places.
[Ord. No. 932 §11.546, 11-3-1980]
No person shall leave or store any automobile, truck or other
vehicle upon any public street, roadway or alley for a longer period
than twenty-four (24) hours at any one time or to use the streets
for storage purposes. If any car, truck, or other vehicle is left
standing on the street for an unreasonable length of time, or is unclaimed,
the Police shall tow the same to some safe place and place it in storage,
and the same shall not be removed until all the expenses of towing
said vehicle and the storage upon the same and any other expenses
in connection therewith have been paid. It is further provided that
if said automobile, truck or other vehicle is not claimed within a
reasonable time, the same may be advertised and sold by the City Police
the same as any other personal property that has been abandoned, taken
up or let go astray. After paying all expenses in connection therewith,
the balance of the funds from said sale shall be turned over to the
City Treasurer for the General Revenue Fund.
[Ord. No. 932 §11.615, 11-3-1980]
Every person operating a motor vehicle within the corporate
limits of this City shall drive the vehicle in a careful and prudent
manner and at a rate of speed so as not to endanger the property of
another or the life or limb of any person and shall exercise the highest
degree of care.
[Ord. No. 932 §11.620, 11-3-1980]
It shall be unlawful to operate a motor vehicle so as "to lay
rubber" and the same shall be regarded as prima facie evidence of
careless and imprudent driving and so punished. "To lay rubber" shall mean the acceleration of a motor vehicle in such a manner
so as to cause a tire or tires thereon to leave a black marking or
markings on the street; it shall also mean the sharp turning of a
motor vehicle in a circular manner so as to cause a tire or tires
thereon to leave black marking or markings on the street.
[Ord. No. 99-04 §1, 2-18-1999]
As used in this Article, the following terms shall have these
prescribed meanings:
A natural person who is a blind person, as defined in Section
8.700, RSMo., or a natural person with disabilities which limit or
impair the ability to walk, as determined by a licensed physician
as follows:
The person cannot walk fifty (50) feet without stopping to rest;
The person cannot walk without use of, or assistance from a
brace, cane, crutch, another person, prosthetic device, wheelchair
or other assistive device;
Is restricted by lung disease to such an extent that the person's
forced respiratory expiratory volume for one (1) second, when measured
by spirometry, is less than one (1) liter, or the arterial oxygen
tension is less than sixty (60) nn/hg on room air at rest;
Uses portable oxygen;
Has a cardiac condition to the extent that the person's functional
limitations are classified in severity as Class III or Class IV according
to standards set by the American Heart Association; or
Is severely limited in applicant's ability to walk due to an
arthritic, neurological or orthopedic condition.
A parking space, on public or private property, which has
been reserved for physically disabled persons by posting immediately
adjacent thereto, and readily visible therefrom, a sign on which is
inscribed the international symbol of accessibility, and which sign
may include an appropriate wording to indicate that the space is reserved
for the exclusive use of vehicles which display a distinguishing license
plate or card.
[Ord. No. 99-04 §1, 2-18-1999]
A.
The
Board of Aldermen is hereby authorized to designate, within the City
limits for the City of Albany, reserved parking spaces for the exclusive
use of vehicles which display a distinguishing license plate or card
issued pursuant to Sections 301.071 or 301.142, RSMo., or similar
license plate or permit as issued by another State. Such designation
shall be made by posting immediately adjacent to, and visible from,
each space a sign upon which is inscribed the international symbol
of accessibility, and may also include any appropriate wording to
indicate that the space is reserved for the exclusive use of vehicles
which display a distinguishing license plate or card for physically
disabled persons.
B.
Such
parking spaces designated for the use by vehicles displaying the distinguishing
"disabled" license plate issued pursuant to Sections 301.142 or 301.071,
RSMo., shall meet the requirements of the Federal Americans with Disabilities
Act, as amended, and any rules or regulations established pursuant
thereto.
[Ord. No. 99-04 §1, 2-18-1999]
Persons may park in a parking space reserved for physically
disabled persons only if the vehicle that person is driving is displaying
a distinguishing license plate or card issued pursuant to Sections
301.071 or 301.142, RSMo., or similar license plate or permit as issued
by another State. Any person who parks in a space reserved for physically
disabled persons and is not displaying distinguishing license plate
or card is guilty of an infraction and upon conviction thereof shall
be punished by a fine of not less than fifty dollars ($50.00) nor
more than two hundred dollars ($200.00).
[Ord. No. 99-04 §1, 2-18-1999]
No person may park in the access aisle immediately adjacent
to parking spaces for physically disabled persons. Any person who
parks in the access aisle immediately adjacent to parking spaces for
parking spaces for physically disabled persons is guilty of an infraction
and upon conviction thereof shall be punished by a fine of not less
than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
[Ord. No. 99-04 §1, 2-18-1999]
A Police Officer may cause the removal from a parking space
for physically disabled persons any vehicle which is not displaying
a distinguishing license plate or card issued pursuant to Sections
301.071 or 301.142, RSMo., or similar license plate or permit as issued
by another State. Charges for such removal, including any necessary
cost for storage, will be paid by the owner prior to release of the
vehicle back to the owner. Any vehicle which has been removed and
which is not properly claimed within thirty (30) days thereafter shall
be considered to be an abandoned vehicle.
[Ord. No. 09-05 §1, 9-1-2009]
A.
GOLF CART
Definition. As used in this Section, the following terms
shall have these prescribed meanings:
Any motorized or electric vehicle designed to be used for
transporting persons and equipment while playing golf and designed
primarily for off-street/road use. Golf carts are typically sixty
(60) inches or less in width and travel on three (3), four (4) or
more low-pressure tires. As used in this Section, the term golf cart
shall include utility vehicles of similar construction.
B.
No
person shall operate a golf cart, as defined in this Section, upon
the streets of this City, except as follows:
1.
Golf carts owned and operated by a governmental entity for official
use; and
2.
Golf carts which bear an official permit issued by the City of Albany,
numbered and affixed to the left rear fender of the vehicle. The City
Clerk shall prepare an application form for the special permit and
charge a yearly fee of fifteen dollars ($15.00) for each permit issued
annually beginning September 1, 2009. Subsequent renewals of the permit
shall be due on or before July first (1st) of each year. There shall
be no proration of the fee for any permit issued after July first
(1st) and all permits issued after July first (1st) shall expire on
the next July first (1st) following.
C.
A person
operating a golf cart on a City street pursuant to an exception covered
in this Section shall have a valid operator's or chauffeur's license
and shall have all City taxes, personal and real estate, paid in full.
The vehicle shall be operated at a speed of less than twenty (20)
miles per hour. When operated on a street, a golf cart shall have
a bicycle safety flag, which extends not less than seven (7) feet
above the ground, attached to the rear of the vehicle. The bicycle
safety flag shall be triangular in shape with an area of not less
than thirty (30) square inches and shall be fluorescent orange in
color. The vehicle shall be equipped with adequate brakes.
D.
Any
person operating a golf cart pursuant to this Section shall abide
by the following:
1.
Shall not operate in any way so as to injure the person or property
of another;
2.
Shall not operate a golf cart upon City streets except between the
hours of sunrise and sunset unless vehicle is equipped with two (2)
headlamps mounted at the same level on each side of the front of the
vehicle and two (2) rear lamps, red in color, mounted at the same
level on each side of the rear of the vehicle;
3.
Shall comply with all traffic and signage rules and ordinances as
the same would apply to all other motorized vehicles; and
4.
Shall comply with State Statutes concerning the use of golf carts
on City streets including, but not limited to, Section 304.034, RSMo.
E.
A violation
of this Section shall be a misdemeanor.
F.
Provisions
of this Section shall supersede any previous ordinance or Section
to the contrary.
