Chapter 300, RSMo., consisting of Sections 300.010 through 300.600
RSMo., as herein amended and amended from time to time by the State
legislature, commonly known as the "Model Traffic Ordinance" is hereby
adopted as and for the traffic ordinance of this City with the exception
of the following Sections: 300.010(40), 300.015, 300.020, 300.035,
300.055, 300.070, 300.105.1(2), 300.165.2, 300.295, 300.310, 300.315,
300.320, 300.347, 300.360 and 300.415 RSMo. All references to Traffic
Division in the Model Traffic Ordinance are changed to read Police
Department. All references to streetcars have been deleted.
[CC 1981 §300.010; Ord. No. 270 §2, 3-24-1970; Ord. No. 1033 §§1, 2, 7-9-2014]
The following words and phrases, when used in this Title, mean:
Any street with a roadway of less than twenty (20) feet in
width.
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, with
an unladen dry weight of six hundred (600) pounds or less, traveling
on three (3), four (4) or more low-pressure tires, with a seat designed
to be straddled by the operator and handlebars for steering control.
The standing of any vehicle, whether occupied or not, upon
a highway, road or street in a manner where the longitudinal axes
of vehicles form an angle with the alignment of the roadway.
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.
A motor vehicle primarily for the transportation of a driver
and eight (8) or more passengers, but not including shuttle buses.
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, and public buildings which
occupy at least three hundred (300) feet of frontage on one (1) side
or three hundred (300) feet collectively on both sides of the highway.
A line marking the center of a roadway on which traffic moves
in both directions, or dividing the roadway between traffic moving
in opposite directions.
All streets and portions of streets within the area described
by City ordinance as such.
The Chief of Police of the City of Winchester.
The City of Winchester.
A motor vehicle having at least one (1) of the following attributes:
Having gross weight, whether loaded or unloaded, in excess of
twenty thousand (20,000) pounds or exceeding twenty-two (22) feet
in length and designed to carry, haul or tow passengers, freight or
merchandise; or
Any tractor, backhoe, blade, bucket, bulldozer, compactor, crane,
scraper, excavator, front-end loader, or other construction equipment
or attachment; or
Any tow truck, dump truck, stake-bed truck, flat bed truck,
step van, refuse or garbage truck, bus or special purpose vehicle
in excess of ten (10) feet in total length; or
Any agricultural tractor, farm implement or attachment, mowing
equipment or attachment, brush hog, trimmer, spreader and other lawn,
landscape and turf maintenance equipment or attachment or other similar
equipment.
For purposes of this definition, a "commercial motor vehicle
and/or commercial vehicle" does not include pickup trucks or panel
vans utilized for personal use or for commercial uses when driven
by the resident of the dwelling unit where the vehicle is parked on
a daily or similar regular basis.
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.
The County of St. Louis.
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.
A space adjacent to a curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
A place where the occupants of motor vehicles are served
while seated in the vehicle, including, but not limited to, drive-in
theaters, restaurants and filling stations.
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 weight of vehicle and/or vehicle combination without
load, plus the weight of any load thereon.
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;
or
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 violation of a municipal ordinance:
[Ord. No. 1047, 9-9-2015]
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 an automatic
transmission and a motor with a cylinder capacity of not more than
fifty (50) cubic centimeters which produces less than three (3) gross
brake horsepower and is capable of propelling the device at a maximum
speed of not more than thirty (30) miles per hour on level ground.
A motor vehicle operated on three (3) wheels, including a
motorcycle while operated with any conveyance, temporary or otherwise,
requiring the use of a third wheel. A motortricycle shall not be included
in the definition of "all-terrain vehicle."
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
Zones determined and indicated by signs or markings where
overtaking and passing is deemed unsafe and under this Code is declared
unlawful.
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.
An area on public or private property where spaces are provided
gratuitously or for hire for the parking of motor vehicles, provided
that nothing herein shall be construed to include driveways or other
portions of single-family residential lots used by the occupant and
his/her invitees for parking automobiles nor spaces on public streets
where parking is permitted.
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 a foot.
Every natural person, firm, copartnership, association or
corporation.
Tires of rubber or other substance and fabric inflated with
air.
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 term encompassing any type of vehicle used primarily for
recreational pleasure. Examples include, but are not limited to, travel
trailers, motor homes, boats, jet skis, etc. This term shall also
include the trailers used for transporting recreational vehicles.
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of three hundred (300) feet or more is in the main improved with residences
or residences and buildings in use for business.
The right of one 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 highway, road or street lawfully designated
by ordinance for the safety of persons going to and returning from
public, private or parochial schools.
That portion of a street between the curblines, 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 halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
The State of Missouri.
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 Street Commissioner of the City of Winchester.
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 "State highway" is a highway maintained
by the State of Missouri as a part of the State highway system.
A motor vehicle other than a bus offered for or engaged in
carrying passengers for hire.
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 the 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.
Any motor vehicle designed primarily for agricultural use
or used as a traveling power plant or for drawing other vehicles or
farm or road-building implements and having no provision for carrying
loads independently.
Pedestrians, ridden or herded animals, vehicles 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.
Any vehicle without motive power designed for carrying property
or passengers on its own structure and for being drawn by a self-propelled
vehicle, except those running exclusively on tracks, including a semitrailer
or vehicle of the trailer type so designed and used in conjunction
with a self-propelled vehicle that a considerable part of its own
weight rests upon and is carried by the towing vehicle, including
anything licensed through the Missouri Department of Revenue as a
trailer.
Any mechanical device on wheels designed primarily for use
or used on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, cotton trailers, or motorized wheelchairs operated
by handicapped persons.
[CC 1981 §335.110; Ord. No. 270 §87, 3-24-1970]
The Street Commissioner is authorized to close any highway,
road or street in the City of Winchester and withdraw the same from
the public use temporarily and during such period as public work thereon
or other public emergency or expediency shall make such action necessary.
No person shall use or attempt to use said highway, road or street
so withdrawn from public use or drive or attempt to drive any vehicle
or animal thereon during the period the highway, road or street is
withdrawn from public use. The Street Commissioner shall place a sign
at each end of the portion of such highway, road or street withdrawn
from public use; such sign shall have the following words painted
thereon in letters at least six (6) inches high, "Road Closed".
