[Ord. No. 1229 § 1, 11-12-1984; Ord. No. 1458 §§ 2-3, 11-21-1988; Ord. No. 1622 § 1, 6-17-1991; Ord. No. 2150 §§ 1, 4, 5-21-2001]
A. Pursuant to authority contained in Section 300.600 of the Revised
Statutes of Missouri, there is hereby adopted by the Board of Aldermen,
except as provided below, that certain Statute of this State known
as the Model Traffic Ordinance, being Chapter 300 of the Revised Statutes
of Missouri now in effect and as hereafter amended by the General
Assembly; and Chapter 300 of the Revised Statutes of Missouri is hereby
incorporated in and made a part of this Chapter as fully as though
it were set out at length herein except as provided below, and shall
have full force and effect within this City for all purposes provided
in such statute; and the statute hereby adopted and made a part of
this Chapter shall be known and may be cited as the Model Traffic
Ordinance.
B. City of Centralia amendments to the Model Traffic Ordinance are as
follows:
1. Section 300.415, RSMo., is hereby amended to read as follows:
Standing or parking close to curb or side of road. Except as otherwise provided in Sections 300.415 to 300.435, 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, and where there are no adjacent curbs, the vehicle shall
be stopped or parked with its right side as near the right hand side
of the roadway as practicable.
2. Section 300.090, RSMo., is hereby amended to read as follows:
Except as provided below, no person upon roller skates or roller
blades or riding in, upon or by means of any skateboard, coaster,
scooter, toy vehicle or similar device shall go upon any street or
roadway except while crossing a street or a crosswalk and when so
crossing, such person shall be granted all the rights and shall be
subject to all the duties applicable to pedestrians, including the
duty to obey all traffic control devices, signs and signals. This
Section shall not apply upon any street while set aside as a play
street as authorized by ordinance of the City. This Section shall
further not apply to persons described in this Section while authorized
to be and who are part of a parade permitted on City streets.
3. Section 300.347, RSMo., is hereby amended to read as follows:
a. No person shall ride a bicycle, skateboard, coaster, sled or similar
device or use roller skates upon a sidewalk within the boundaries
of the downtown business district or upon a sidewalk abutting either
side of any of the streets constituting the boundaries of the downtown
business district, said downtown business district being the area
bounded by Railroad Street on the north, Hickman Street on the west,
Sneed Street on the south and Collier Street on the east.
b. Bicycles, skateboards, coasters, sleds and similar devices may be
ridden and roller skates used on all other sidewalks in the City provided
they are ridden or used as near to the right side of the sidewalk
as practicable, and that the person riding such devices or using said
roller skates shall yield the right-of-way to any pedestrian and shall
give an audible signal before overtaking and passing any such pedestrian.
c. No person shall ride a motorized bicycle upon a sidewalk.
4. Section 300.348, RSMo., concerning all-terrain vehicles is hereby
repealed.
[Ord. No. 739 § 2, 1-9-1961]
It is unlawful and, unless otherwise declared herein with respect
to particular offenses, it is a misdemeanor for any person to do any
act forbidden, or fail to perform any act required, in this Chapter.
[Ord. No. 1279 §§ 1-2, 1-27-1986; Ord. No. 2008 § 1, 3-16-1998; Ord.
No. 2095 § 7, 12-20-1999; Ord. No. 2275 § 1, 12-15-2003]
A. There is hereby created and established the position of Municipal
Ordinance Violation Bureau Clerk. The Clerk shall be appointed by
the Mayor, with the advice and consent of the Board of Aldermen and
shall serve at the pleasure of the Mayor and the Board of Aldermen.
The Clerk shall hold office until his or her successor is appointed
and qualified. Any salary paid to the Clerk shall be fixed by ordinance,
provided however, that any said salary or other compensation shall
not be predicated upon the amount of fines levied or the number of
guilty pleas or adjudication of guilt processed through the City of
Centralia Municipal Division of the Circuit Court of Boone County,
Missouri. Upon temporary disability or inability of the Municipal
Ordinance Violation Bureau Clerk to perform his or her duties as set
forth in this Code due to illness, absence from the City or other
cause, the Mayor shall appoint a temporary Municipal Ordinance Violation
Bureau Clerk who shall have the same powers and duties as the regular
Municipal Ordinance Violation Bureau Clerk. Such temporary Municipal
Ordinance Violation Bureau Clerk shall hold office until the disability
of the regular Municipal Ordinance Violation Bureau Clerk is removed
or said Clerk returns after being absent. The temporary Municipal
Ordinance Violation Bureau Clerk shall receive no additional salary
for serving in the position, unless additional compensation is specifically
provided for by ordinance adopted by the Board of Aldermen. Further,
the Mayor may appoint, with the advice and consent of the Board of
Aldermen, an Assistant Municipal Ordinance Violation Bureau Clerk,
if it is determined that there is need for such Assistant Municipal
Ordinance Violation Bureau Clerk. Such Assistant Municipal Ordinance
Violation Bureau Clerk shall assist the Municipal Ordinance Violation
Bureau Clerk in carrying out the duties of said Clerk and the said
Assistant Municipal Ordinance Violation Bureau Clerk shall have all
the same power and authority as the said Clerk. The Assistant Municipal
Ordinance Violation Bureau Clerk shall receive no additional salary
for serving in that position, unless additional compensation is specifically
provided for by ordinance adopted by the Board of Aldermen.
B. The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal
Ordinance Violation Bureau Clerk, if any, shall assist the employees
and clerks in the office of the Circuit Clerk of Boone County, Missouri,
in performing record keeping and clerical work relating to the records
of the City of Centralia, Municipal Division of the Circuit Court
of Boone County, Missouri. The Municipal Ordinance Violation Bureau
Clerk and Assistant Municipal Ordinance Violation Bureau Clerk, if
any, are hereby authorized to execute and issue summonses for the
information filed by the City Attorney of the City of Centralia, Missouri.
The Municipal Ordinance Violation Bureau Clerk and Assistant Municipal
Violation Bureau Clerk, if any, are hereby further authorized to accept
appearance by defendants, their waiver of trial, their pleas of guilty
and their payment of fines and court costs as specified in the Missouri
Supreme Court Ordinance Violation Rules and the local court rules
of the Thirteenth Judicial Circuit of the State of Missouri pertaining
to Municipal Divisions of the Circuit Court. The Municipal Ordinance
Violation Bureau Clerk and Assistant Municipal Ordinance Violation
Bureau Clerk, if any, in performing his or her duties shall follow
all applicable local court rules of the aforesaid Circuit Court pertaining
to Municipal Divisions of the Circuit Court.
The City Clerk shall maintain appropriate schedules showing
the current status of ordinances and of official acts of the City
Traffic Engineer relating to:
B. Designation of through streets.
C. Nonmetered and metered parking.
D. Prohibited and limited uses of designated streets.
E. Places where turning movements are prohibited or limited.
F. Places designated as zones of any classification.
G. Stop and yield intersections.
H. Crosswalks and traffic lanes.
I. Purpose, type and location of official traffic control devices.
J. Such other matters of a similar nature as may be directed by the
Board of Aldermen.
[Ord. No. 739 § 7, 1-9-1961; Ord.
No. 3022, 6-17-2019]
A. On all highways,
streets or alleys within the corporate limits, any motor vehicle or
other movable object including but not limited to portable basketball
goals, trailers, trash containers, or other objects which, by being
parked, unparked, stopped, placed, left, erected, stood or driven
in an illegal manner, attempts to, or does, congest, obstruct or unduly
restrict a free, clear and unimpeded movement of traffic shall, in
the discretion of the enforcement officer having jurisdiction, be
removed to a place, property or destination remote from such traffic
movement and thereby impounded until such time as the registered owner
thereof shall claim the same by the full payment of costs accrued
for towing, storage while so impounded, court costs and fines assessed
as a misdemeanor, or upon the posting of a bond or bonds, as decreed,
by the Court having jurisdiction; provided, that the provisions of
this Section shall be applicable to private parking lots, or for limited
time parking for customers, or where parking is regulated by a fee
payment either by parking meter or personal administration, all when
duly posted as such.
B. Any person
found to be in violation of this Section shall be fined:
1. Fifty dollars
($50.00) for the first (1st) offense.
2. One hundred
dollars ($100.00) for the second (2nd) offense.
3. Two hundred
fifty dollars ($250.00) for the third (3rd) offense.
[Ord. No. 739 § 15, 1-9-1961; Ord.
No. 1374 § 1, 6-15-1987]
A. Parking, unparking, stopping, standing, manner of driving or any
other manner of obstructing freeways, travelways or throughways shall
be so regulated and controlled, and in such a manner, as to permit
a clear, free and unimpeded freeway, travel-way or throughway of not
less than twenty (20) feet width on all State and Federal marked highways
in this City.
B. Except when in compliance with the directions of a Police Officer,
an official traffic control device or with another law, no person
shall stop, stand, or park a vehicle upon a roadway, street or highway
alongside or opposite another vehicle when said stopping, standing
or parking would obstruct traffic.
[Ord. No. 739 § 8, 1-9-1961]
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 limits is the cause of action; except, the use thereof
shall not be construed to exclude any competent evidence secured by
any other manner or means.
[Ord. No. 437 § 76, 12-4-1950; Ord.
No. 1824 § 1, 11-21-1994; Ord. No. 2034 § 1, 9-21-1998]
No person under the age of sixteen (16) years shall operate
a motor vehicle on the streets of the City, unless the person is at
least fifteen and one-half (15 1/2) years of age, has a temporary
instruction permit and is accompanied by a parent, grandparent, guardian
or authorized designee with a valid driver's license who is occupying
a seat beside the driver for the purpose of giving instruction in
driving the motor vehicle, or unless the person is at least fifteen
(15) years of age, enrolled in a driver training program and accompanied
by an approved driving instructor occupying a seat beside the driver.
For purposes of this Section, "authorized designee" means a maximum of two (2) persons twenty-one (21) years of age
or older authorized by the parent, grandparent or guardian of a person
under sixteen (16) years of age to accompany said person under the
age of sixteen (16) in the front seat of the vehicle for the purpose
of giving instruction in driving the motor vehicle, when said parent,
grandparent or guardian has a physical disability which prohibits
or disqualifies said parent, grandparent or guardian from being a
qualified licensed operator of a motor vehicle. The name of each authorized
designee shall be printed on the temporary instruction permit.
[Ord. No. 1824 § 2, 11-21-1994; Ord. No. 1868 § 1, 9-5-1995; Ord.
No. 1925 § 1, 9-3-1996; Ord. No. 2150 §§ 2,
5, 5-21-2001]
A. It shall be an ordinance violation for any person to:
1. Operate any vehicle upon any street in the City unless such person
has a valid driver's license, except for a person operating a farm
tractor or implement of husbandry temporarily on a City street, or
except for a person operating a vehicle while authorized to be and
who is part of a parade permitted on City streets.
2. Operate a motorcycle or motortricycle upon any street in the City
unless such person has a valid driver's license that shows the person
has successfully passed an examination for the operation of a motorcycle
or motortricycle.
3. Authorize or knowingly permit a motorcycle or motortricycle owned
by such person or under such person's control to be driven upon any
City street by any person whose driver's license does not indicate
that the person has passed the examination for the operation of a
motorcycle or motortricycle or has been issued an instruction permit
therefor, except for a person operating a motorcycle or motortricycle
while authorized to be and who is part of a parade permitted on City
streets.
4. Operate a motor vehicle upon any street in the City with an instruction
permit or driver's license issued to another person.
5. Authorize or knowingly permit a motor vehicle owned by such person
or under such person's control to be driven upon any City street by
any person who is not authorized to drive such motor vehicle under
the provisions of Chapter 302 of the Revised Statutes of Missouri,
or who is driving such motor vehicle in violation of the provisions
of Chapter 302 of the Revised Statutes of Missouri.
B. Every person operating or riding as a passenger on any motorcycle
or motortricycle upon any street in the 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 Missouri Director of Revenue. The fine for a violation of this
Subsection shall not exceed twenty-five dollars ($25.00). Further,
no court costs shall be imposed upon any person due to a violation
of this Subsection, and no points shall be assessed under Section
302.302 of the Revised Statutes of Missouri for a violation of this
Subsection.
[Ord. No. 2297 § 1, 5-17-2004]
A. No person shall operate a motor vehicle on a City street under an
intermediate driver's license 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 instruction in driving the motor
vehicle and who is at least twenty-one (21) years of age; except a
licensee may operate a motor vehicle without being 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 State regulation. Further, no person shall operate a motor vehicle
on a City street under an intermediate driver's license unless the
driver and all passengers in the licensee's motor vehicle wear safety
belts at all times and unless the driver has the intermediate driver's
license in his or her possession.
B. No person at least fifteen and one-half (15 1/2) years of age
shall operate a motor vehicle on a City street under a temporary instruction
permit 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 instruction in driving the motor
vehicle who is at least twenty-one (21) years of age and in the case
of any driver under sixteen (16) years of age, the licensed operator
occupying the seat beside the driver shall be a grandparent, parent,
guardian, authorized designee whose name is printed on the driver's
temporary instruction permit, qualified driver training instructor
or qualified instructor of a private drivers' education program. Further,
no person at least fifteen and one-half (15 1/2) years of age
shall operate a motor vehicle on a City street under a temporary instruction
permit unless the driver has the temporary instruction permit in his
or her possession.
[Ord. No. 2701 § 1, 9-17-2012]
A. A person commits the municipal ordinance violation of driving while
revoked or suspended if such person operates a motor vehicle on a
City street when such person's license or driving privilege has been
canceled, suspended, or revoked under the laws of Missouri or any
other State and acts with criminal negligence with respect to knowledge
of the fact that such person's license or driving privilege has been
canceled, suspended, or revoked.
B. Any person convicted of the municipal ordinance violation of driving
while revoked or suspended shall be punished by a fine not to exceed
three hundred dollars ($300.00).
[Ord. No. 739 § 9, 1-9-1961; Ord.
No. 876 § 1, 12-11-1967]
Every person operating or driving a motor vehicle shall operate
and drive the same in a careful and prudent manner and shall exercise
at all times the highest degree of care in the operation of same.
[Ord. No. 1622 § 19, 6-17-1991; Ord. No. 2405 § 1, 3-20-2006]
It shall be unlawful for any person to operate a motor vehicle
or motorcycle on a public or private parking lot in any of the following
ways:
1. To apply such acceleration or braking so as to cause gravel to be
thrown or the pavement disturbed.
2. To apply such acceleration or braking so as to cause the motor vehicle
or motorcycle being operated to slide, swerve or spin.
3. To apply such acceleration or braking so as to cause the motor vehicle
or motorcycle to leave tire marks on the pavement.
4. To drive in such a way so as to cause loud noise from the engine
or tires of the motor vehicle or motorcycle.
5. To drive at a speed in excess of fifteen (15) miles per hour, if
one (1) or more speed limit signs are posted in the parking lot.
6. To collide with and cause damage to a motor vehicle, motorcycle,
building, structure, fence, wall, utility pole, sign, bush, shrub,
tree or a real estate improvement other than set forth herein.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 5, 6-17-1991]
The Municipal Court may, in connection with the disposition
of any offense which is a "point offense", resulting
in the assessment of points by the State Director of Revenue under
the provisions of Section 302.302 of the Revised Statutes of Missouri,
order the staying of the assessment of points upon satisfactory completion
of a driver improvement program approved by the State Director of
the Department of Public Safety, as provided by Section 302.302 of
the Revised Statutes of Missouri.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2167 § 1, 9-17-2001]
A person commits the offense of driving while intoxicated if
that person operates a motor vehicle while in an intoxicated or drugged
condition. A person is in an "intoxicated or drugged condition" when
the person is under the influence of alcohol, a controlled substance,
or drug, or any combination thereof.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 2, 11-20-2000; Ord. No. 2167 § 2, 9-17-2001]
A person commits the offense of driving with excessive blood
alcohol content if such person operates a motor vehicle within the
City with eight-hundredths of one percent (.08%) or more by weight
of alcohol in such person's blood.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 1, 11-20-2000]
As used in Sections
18-9.1 and
18-9.2, the term "drive" or "operates" means physically driving or operating a motor vehicle.
[Ord. No. 1200 § 2, 10-11-1982]
As used in Sections
18-9.1 to
18-9.10, the term "percent by weight of alcohol" shall have the same meaning as provided by State law, in Section 577.012 of the Revised Statutes of Missouri.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 2, 6-17-1991; Ord.
No. 2124 § 3, 11-20-2000; Ord. No. 2167 §§ 3
— 4, 9-17-2001]
A. Any person who operates a motor vehicle upon a City street shall
be deemed to have given consent to, subject to the provisions of Chapter
577 of the Revised Statutes of Missouri, a chemical test or tests
of the person's breath, blood, saliva or urine for the purpose of
determining the alcohol or drug content of the person's blood if the
person is arrested for any offense arising out of acts which the arresting
officer had reasonable grounds to believe were committed while the
person was driving a motor vehicle while in an intoxicated or drugged
condition. The test shall be administered at the direction of the
Law Enforcement Officer whenever the person has been arrested or stopped
for any reason.
B. The test or tests shall be administered and performed in accordance
with the provisions of Chapter 577 of the Revised Statutes of Missouri,
including the following provisions:
1. The implied consent to submit to the chemical tests of the person's
breath, blood, saliva or urine for the purpose of determining the
alcohol or drug content shall be limited to not more than two (2)
such tests arising from the same arrest, incident or charge.
2. The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person at the choosing
and expense of the person to be tested, administer a test in addition
to any administered at the direction of a Law Enforcement Officer.
The failure or inability to obtain an additional test by a person
shall not preclude the admission of evidence relating to the test
taken at the direction of a Law Enforcement Officer.
3. Upon the request of the person who is tested, full information concerning
the test shall be made available to such person.
4. Any person given a chemical test of the person's breath pursuant
to this Section or a field sobriety test may be videotaped during
any such test at the direction of the Law Enforcement Officer. Any
such video recording made during the chemical testing pursuant to
this Section or a field sobriety test shall be admissible as evidence
at any trial of a municipal prosecution of such person for driving
while intoxicated or driving with excessive blood alcohol content.
C. Upon the trial of any person for violation of the provisions of Section
18-9.1 or Section
18-9.2 arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060 of the Revised Statutes of Missouri shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken. Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath.
D. The foregoing provisions of this Section shall not be construed as
limiting the introduction of any other competent evidence bearing
upon the question whether the person was intoxicated.
E. A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection
(C) of this Section, shall have been performed as provided in Sections 577.020 to 577.041 of the Revised Statutes of Missouri and in accordance with methods and standards approved by the Missouri Department of Health.
F. Any charge alleging a violation of Section
18-9.1 or Section
18-9.2 shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva or urine performed in accordance with Sections 577.020 to 577.041 of the Revised Statutes of Missouri and rules promulgated thereunder by the Missouri Department of Health demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:
1. There is evidence that the chemical analysis is unreliable as evidence
of the defendant's intoxication at the time of the alleged violation
due to the lapse of time between the alleged violation and the obtaining
of the specimen; or
2. There is evidence that the defendant was under the influence of a
controlled substance, or drug, or a combination of either or both
with or without alcohol; or
3. There is substantial evidence of intoxication from physical observations
of witnesses or admissions of the defendant.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 3, 6-17-1991]
Any arrest for driving while intoxicated shall be handled as
any other arrest for an offense of the same severity, except as follows:
A. As soon as practicable following such arrest, the Police Department
shall obtain the driving record of the person arrested.
B. No person who has a prior conviction for driving while intoxicated
or driving with an excessive blood alcohol content within ten (10)
years of the date of the present alleged offense shall be prosecuted
through the Municipal Court until after the State Prosecuting Attorney
shall have had the opportunity to review the case and to consider
filing appropriate State charges.
C. In all other cases the City Prosecuting Attorney shall have the discretion
to file the appropriate charge with the Municipal Court, or he may
refer the case to the State Prosecuting Official.
D. The procedures described herein shall be directory and not mandatory. The failure to follow the procedures provided for in this Section shall not invalidate any prosecution or be cause to overturn any conviction for violations of Section
18-9.1 or
18-9.2, but may be reason for discipline of the City Official(s) violating this Section.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 4, 6-17-1991]
No person charged with driving while intoxicated (Section
18-9.1) shall have his case heard in Municipal Court except in accordance with the following procedure:
|
The defendant must either be represented by an attorney or must
voluntarily waive his right to such representation by execution of
a written waiver. If the defendant chooses to do neither (or if, because
he is an indigent, he is unable to employ an attorney), the prosecution
of the case shall be suspended and the case referred to the State
Prosecuting Official. Only if the State Prosecuting Official declines
to proceed with a State Criminal Prosecution shall the Municipal Prosecution
be resumed.
|
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 2124 § 4, 11-20-2000]
An arrest without a warrant by a Law Enforcement Officer for a violation of Section
18-9.1 or Section
18-9.2 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated either Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1 1/2) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1 1/2) hours after such violation occurred.
[Ord. No. 1200 § 2, 10-11-1982; Ord. No. 1622 § 6, 6-17-1991; Ord.
No. 2124 § 5, 11-20-2000; Ord. No. 2167 § 5, 9-17-2001]
A. Any person convicted of driving while intoxicated shall be punished
by a fine of not less than one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00), confinement in the County Jail
for not more than ninety (90) days, or both such fine and confinement.
B. Any person convicted of "driving with excessive blood alcohol content"
shall be punished by a fine of not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00), confinement in the County
Jail for not more than ninety (90) days, or both such fine and confinement.
C. Upon a plea of guilty or a finding of guilty for either the offense
of driving while intoxicated or driving with excessive blood alcohol
content, the court shall order the person to participate in and successfully
complete a substance abuse traffic offender program as defined in
Section 577.001, Revised Statutes of Missouri. The fees for the substance
abuse traffic offender program shall be paid by the person enrolling
in the program.
D. Upon a plea of guilty or a finding of guilty for either the offense
of driving while intoxicated or driving with excessive blood alcohol
content, the court may, in addition to imposition of any penalties
provided by law, order the convicted person to reimburse the Centralia
Police Department which made the arrest for the costs associated with
such arrest. Such costs shall include the reasonable cost of making
the arrest, including the cost of any chemical test made as provided
by law to determine the alcohol or drug content of the person's blood,
and the costs of processing, charging, booking and holding such person
in custody. The Centralia Police Department may establish a schedule
of such costs.
[Ord. No. 1437 §§ 1 — 2, 6-20-1988]
A. No driver or passenger in a motor vehicle shall transport, possess
or have within the passenger area of said motor vehicle while on City
highways, streets, alleys or other public property in the City any
intoxicating liquor, malt liquor or non-intoxicating beer unless such
intoxicating liquor, malt liquor or non-intoxicating beer shall be
in the original, unopened container with the seal unbroken. The "passenger
area" of a motor vehicle shall not include any area of the motor vehicle
which is inaccessible to the driver or any other person in such vehicle
while it is in motion. In the case of a pickup truck, station wagon,
hatchback vehicle or other similar vehicle, the area behind the last
upright seat shall not be considered accessible to the driver or any
other person, provided that no person is occupying, sitting or standing
in that area of the vehicle. In the case of a recreational motor vehicle,
the living quarters shall not be considered accessible to the driver
or any other person. This Section shall apply to any driver or passenger
in a motor vehicle while on the above stated public property in the
City whether the motor vehicle is parked, stopped or in motion. Provided,
however, this Section shall not apply to any passenger in a chartered
bus where the driver of said bus is never in the possession of and
has no ready access to intoxicating liquor, malt liquor or non-intoxicating
beer.
B. No driver or passenger shall consume intoxicating liquor, malt liquor
or non-intoxicating beer while in a moving motor vehicle within the
City. Provided however, this Section shall not apply to any passenger
in a chartered bus where the driver of said bus is never in possession
of and has no ready access to intoxicating liquor, malt liquor or
non-intoxicating beer. This Section also shall not apply to any passenger
in the living quarters of a recreational motor vehicle.
[Ord. No. 2272 §§ 1 — 2, 12-15-2003]
A. Except as provided below, it shall be unlawful for a driver of a
commercial (non-passenger) vehicle to drive on any street where a
sign is erected giving notice that through commercial (non-passenger)
traffic is prohibited on that portion of that street. This Section
shall not apply to the driver of a passenger vehicle, including a
pickup truck. This Section further shall not apply to the driver of
a commercial (non-passenger) vehicle enroute to a location that can
only be reached by vehicle by traveling on a street where through
commercial (non-passenger) vehicle traffic is prohibited.
B. In accordance with Section
18-3(D) of the Centralia City Code, the City Administrator as City Traffic Engineer shall cause signs to be erected giving notice that through commercial vehicle (non-passenger) traffic is prohibited on the following streets and public places within the City:
1. Hulen Street, from Howard Burton Drive to Lee Street.
2. Brick Street, from Howard Burton Drive to Lee Street.
3. Southgate Street, from Howard Burton Drive to Jefferson Street.
4. Stone Street, from Switzler Street to Southgate Street.
5. Lee Street, from Switzler Street to Hulen Street.
6. Pratt Street, from Switzler Street to Hulen Street.
7. Howard Burton Drive, from South Street to Booth Street.
8. Head Street, from Jefferson Street to Howard Burton Drive.
9. Early Street, from Jefferson Street to Howard Burton Drive.
10. Booth Street, from Jefferson Street to Howard Burton Drive.
11. Rodemyre Street, from Walnut Street to Howard Burton Drive.
[Ord. No. 1359 § 1, 3-30-1987]
A person commits the ordinance violation of tampering with a
motor vehicle if he knowingly receives, possesses, sells, alters,
defaces, destroys, unlawfully operates or unlawfully rides in or upon
a motor vehicle or trailer without the consent of the owner thereof.
[Ord. No. 437 § 56(6), 12-4-1950]
It shall be unlawful for any person to wash any motor vehicle,
or other vehicle, at such place or in such manner that the water,
mud and other debris shall fall upon or flow across any public sidewalk
within the City.
[Ord. No. 2097 § 1, 12-20-1999]
A. A person commits the ordinance violation of failure to maintain motor
vehicle financial responsibility when the person is an operator of
a motor vehicle and fails to exhibit to a Police Officer a motor vehicle
financial responsibility insurance identification card for that vehicle
upon the demand of said Police Officer who lawfully stopped said operator
or who is investigating an accident while that Police Officer is engaged
in the performance of the Police Officer's duties. A motor vehicle
operator may exhibit to a Police Officer for the motor vehicle being
driven a motor vehicle liability insurance policy, a motor vehicle
liability insurance binder or a receipt containing the insurance policy
information required to be shown on an insurance identification card
as satisfactory evidence of insurance in lieu of an insurance identification
card for the motor vehicle being driven. However, no person shall
be found guilty of violating this Subsection if the motor vehicle
operator demonstrates to the Municipal Court Judge at the Municipal
Court proceeding that he or she met the motor vehicle financial responsibility
requirements of Missouri law at the time the Police Officer wrote
the operator the citation for the motor vehicle financial responsibility
violation for failing to exhibit the insurance identification card.
B. It is unlawful for a person to display evidence of motor vehicle
liability insurance to a Police Officer knowing there is no valid
liability insurance in effect on the motor vehicle as required by
Missouri law, or knowing the evidence of liability insurance is illegally
altered, counterfeit or otherwise invalid as evidence of insurance.
If the Police Officer issues a citation to a motor vehicle operator
for displaying invalid evidence of insurance, the officer shall confiscate
the evidence for presentation in Municipal Court.
C. It is unlawful for a person to alter an invalid motor vehicle financial
responsibility insurance identification card to make it appear valid.
It is unlawful for a person to knowingly make, sell or otherwise make
available an invalid or counterfeit motor vehicle financial responsibility
insurance identification card.
[Ord. No. 2281 § 1, 2-17-2004]
A. Except as provided below concerning temporary license plates issued
by a dealer, it shall be unlawful for any Missouri resident other
than the Missouri resident to whom the motor vehicle or trailer license
plate or plates were originally issued by the Missouri Department
of Revenue to have the license plate or plates in his or her possession,
whether in use or not; except that the buyer of a motor vehicle or
trailer who trades in a motor vehicle or trailer may attach the license
plate or plates from the traded-in motor vehicle or trailer to the
newly purchased motor vehicle or trailer, with such transferred license
plate or plates to be lawful for no more than thirty (30) days. Upon
the sale of a motor vehicle or trailer by a dealer, a buyer who has
made application for registration of such purchased motor vehicle
or trailer may lawfully operate the same within the City for a period
of thirty (30) days after taking possession of the motor vehicle or
trailer if during such thirty (30) day period the motor vehicle or
trailer shall have attached thereto the temporary dealer license plate
or plates issued from the dealer. It shall be unlawful to operate
a motor vehicle or trailer within the City with temporary dealer license
plates except as authorized above. It shall be unlawful for such temporary
dealer license plate or plates to be displayed by an operator on any
other motor vehicle or trailer being operated within the City except
the motor vehicle or trailer as authorized above.
B. Except as permitted in Subsection
(A) above and except for those commercial motor vehicles and trailers with permanent non-expiring license plates, no person shall operate a motor vehicle or trailer owned by a Missouri resident upon any street within the City unless said motor vehicle or trailer shall have displayed thereon the license plate or set of license plates issued for said motor vehicle or trailer by the Missouri Department of Revenue and displaying current, non-expired annual or biennial registration tab or tabs issued for said motor vehicle or trailer.
C. Except for temporary permits or paper license plates, it shall be
unlawful for a person to operate within the City a motor vehicle or
trailer owned by a Missouri resident if the license plate or set of
license plates issued for said motor vehicle or trailer are displayed
on the motor vehicle or trailer in such a way as to not be in compliance
with the following provisions:
1. Each such license plate shall be securely fastened to the motor vehicle
or trailer in a manner so that all license numbers and letters shall
be plainly visible and reasonably clean so that the reflective qualities
thereof are not impaired;
2. Each such license plate shall be fastened to all motor vehicles except
buses, trucks, tractors and truck tractors on the front and rear of
such vehicles not less than eight (8) inches nor more than forty-eight
(48) inches above the ground, with the letters and numbers of each
license plate to be right side up;
3. Each such license plate shall be fastened and displayed on the rear
on trailers, motorcycles, motortricycles and motor scooters with the
letters and numbers on each license plate to be right side up; and
4. Each such license plate shall be fastened to buses (other than school
buses), trucks, tractors and truck tractors on the front of such motor
vehicles not less than eight (8) inches nor more than forty-eight
(48) inches above the ground with the letters and numbers on each
license plate to be right side up or if two (2) license plates are
issued for the motor vehicle, displayed then in the same manner on
the front and rear of such motor vehicles.
D. It shall be unlawful for any person to fasten to any motor vehicle
within the City any license plate or license plates voided by the
Missouri Department of Revenue.
[Ord. No. 739 § 13, 1-9-1961]
All State and Federal marked highways within this City are hereby
declared throughways, and all traffic operating in the City shall
come to a complete stop before operating onto or across such declared
throughways.
[Ord. No. 2035 § 1, 9-21-1998]
A. A person commits the ordinance violation of leaving the scene of
a motor vehicle accident when, being the driver of a vehicle on a
City street or alley or on any publicly or privately owned parking
lot or parking facility generally open for use by the public and knowing
that an injury has been caused to a person or damage has been caused
to property, due to the driver's culpability or to accident, the driver
leaves the place of the injury, damage or accident without stopping
and giving the driver's name, residence (including City and street
number), motor vehicle license number and driver's license number
to the injured party or to a Police Officer, or if no Police Officer
is in the vicinity, then to the nearest Police Station.
B. For the purposes of this Section, all Police Officers shall have
jurisdiction, when invited by an injured person, to enter the premises
of any privately owned parking lot or parking facility for the purpose
of investigating an accident and performing all necessary duties regarding
such accident.
[Ord. No. 739 § 19, 1-9-1961; Ord.
No. 1622 § 8, 6-17-1991]
A. Any driver of a vehicle upon any street, alley or highway within
this City, upon meeting or overtaking from either direction any school
bus which has stopped for the purpose of receiving or discharging
any school children or other passengers when the driver of such school
bus has, in the manner prescribed by law, given a signal to stop,
shall stop such vehicle before reaching such school bus and shall
not proceed until such school bus resumes motion or until signalled
by its driver to proceed.
B. Every such school bus operating within this City shall comply with
all State Statutes and rules and regulations of the State Board of
Education in and for the operation thereof.
C. If any vehicle is witnessed by a Police Officer or the driver of
a school bus to have violated the provisions of this Section and the
identity of the operator is not otherwise apparent, it shall be a
rebuttable presumption that the person in whose name such vehicle
is registered committed the violation. In the event that charges are
filed against multiple owners of a motor vehicle, only one (1) of
the owners may be convicted and court costs may be assessed against
only one (1) of the owners.
[Ord. No. 619 § 10, 1-6-1958; Ord.
No. 2550 § 1, 12-15-2008]
It shall be unlawful for the driver of any vehicle, at times
when appropriate signs are in place, to proceed through a crosswalk
in a school zone when pedestrians are present without bringing such
vehicle to a full stop or to proceed through a school zone without
exercising due caution and care or to proceed through a school zone
at a speed in excess of twenty (20) miles per hour.
[Ord. No. 739 § 33, 1-9-1961]
All vehicles used in the transportation of the bodies of dead
animals under the provisions of this Chapter, 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.
[Ord. No. 437 § 69, 12-4-1950]
All vehicles carrying poles or other objects which project more
than five (5) feet from the rear of such vehicles, shall, during the
period when lights are required by this Chapter, carry a red light
at or near the rear end of the pole or other objects so projecting.
At other times a red flag or cloth, not less than sixteen (16) inches
square, shall be displayed at the end of such projection.
[Ord. No. 739 § 30, 1-9-1961; Ord.
No. 1622 § 9, 6-17-1991]
A. All motor vehicles, and every trailer and semitrailer operating upon
City streets or alleys and carrying goods or material or farm products
which may reasonably be expected to become dislodged and fall from
the vehicle, trailer or semitrailer as a result of wind pressure or
air pressure and/or by the movement of the vehicle, trailer or semitrailer
shall have a protective cover or be sufficiently secured so that no
portion of such goods or material can become dislodged and fall from
the vehicle, trailer, or semitrailer while being transported or carried.
B. It shall be unlawful for any person operating a motor vehicle, trailer
or semitrailer which is carrying goods or material or farm products
upon City streets or alleys that may reasonably be expected to become
dislodged and fall from the vehicle, trailer or semitrailer, to permit
any part or portion of such load to fall upon any street or alley
or to cause injury to any person or to cause damage to any property
by such falling.
[Ord. No. 739 § 35, 1-9-1961; Ord.
No. 1622 § 10, 6-17-1991]
A. No vehicle or combination of vehicles shall be moved or operated
on any highway, street or alley in this City having a greater weight
than that described under Section 304.180 of the Revised Statutes
of Missouri.
B. The local officials and State Highway Commission, or their legal
agents for their respective jurisdiction, whenever by thawing of frost,
rains or soft conditions due to construction, reconstruction and maintenance,
adverse critical weather conditions, or other causes detrimental to
the surface or physical condition of such highways, streets and alleys
in this City are made more hazardous than under normal conditions,
are hereby authorized to limit such weights described under Paragraph
A to such an amount and in such manner as will preserve their economical
use by the general public. When such streets, alleys or highways are
posted or marked, it shall be unlawful to transport any gross load
in excess of the posted notice, and, in addition to conviction and
punishment for a misdemeanor, the registered owner thereof shall be
held liable in any Court of competent jurisdiction for destructive
damages to the surface and physical conditions pertaining, by an action
of the State, County or other interested person.
C. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Section 304.240 of the Revised Statutes of Missouri, provided that no punishment shall be in excess of that allowed by Section
1-7. The same punishment shall apply where weights are found to be in excess of those posted, under the provisions of this Section.
[Ord. No. 619 § 6, 1-6-1958; Ord.
No. 1622 § 11, 6-17-1991]
A. No vehicle operated upon City streets shall have a width, including
load, in excess of ninety-six (96) inches, except clearance lights,
rearview mirrors or other accessories required by Federal, State or
City law or regulation. No vehicle operated upon City streets shall
have a height, including load, in excess of thirteen and one-half
(13 1/2) feet, except that any vehicle or combination of vehicles
transporting automobiles or other motor vehicles may have a height,
including load, of not more than fourteen (14) feet, and except that
vehicles on a route designated by the Chief Engineer of the State
Highways and Transportation Department may have a height, including
load, of not more than fourteen (14) feet. No single motor vehicle
operated upon City streets shall have a length, including load, in
excess of forty (40) feet. No combination of vehicles upon City streets
shall have an overall length, unladen or with load, in excess of fifty-five
(55) feet, except that a combination of truck-trailer and semitrailer
may have a length, including load, of not more than sixty-five (65)
feet, and except that a combination of truck-tractor, trailer and
semitrailer may have a length, including load, of not more than sixty-five
(65) feet. Any vehicle or combination of vehicles transporting automobiles
or other motor vehicles may carry a load which extends no more than
three (3) feet beyond the front and four (4) feet beyond the rear
of the transporting vehicle or combination of vehicles.
B. The restriction set forth in this Section shall not apply to agricultural
implements operating occasionally on City streets for short distances,
or to self-propelled hay-hauling equipment or to implements of husbandry,
or to vehicles temporarily transporting agricultural implements or
implements of husbandry or roadmaking machinery, or road materials,
or towing for repair purposes vehicles that have become disabled upon
the streets; or to implement dealers delivering or moving farm machinery
for repairs on City streets. Implements of husbandry must be operated
no more than occasionally for short distances on City streets between
the hours of sunrise and sunset and may not exceed a width of eleven
(11) feet, six (6) inches.
[Ord. No. 437 § 70, 12-4-1950]
No motorcycle shall be employed to carry any other person besides
the driver, unless a special seat is provided for such additional
person, and no such additional person shall be seated in front of
the driver of such motorcycle.
[Ord. No. 437 § 86, 12-4-1950]
A. The term "paved street" within the meaning of this
Section is hereby defined to mean any street the surface of which
is paved or improved by the laying of any brick, concrete, asphalt,
or rock and asphalt paving material.
B. No person shall operate, drive, run, haul, pull or propel any metal
tired steam engine, traction engine, tractor, or other metal tired
vehicle on, along or over any paved street in the City, if such vehicle
has on the periphery of any of the road wheels any lug, flange, cleat,
ridge, bolt or any projection of metal or wood which projects radially
beyond the tread or traffic surface of the tire, unless the surface
of the street is protected by putting down in such street solid planks
or other suitable material of sufficient thickness for such vehicle
to pass over and along, so as to prevent such vehicle from damaging
such street, or unless suitable bands, tires or other appliances are
attached to the wheels of such vehicle so as to prevent such vehicle
from damaging such street.
[Ord. No. 437 § 87, 12-4-1950]
No person shall throw or place, or cause to be thrown or placed,
in or upon any street any tacks, nails, wire, scrap metal, glass,
crockery, sharp stones or other substances injurious to the feet of
persons or animals, or to the tires or wheels of vehicles, including
motor vehicles. Any person who has purposely, accidentally, or by
reason of an accident dropped from his person or any vehicle any such
substance upon the street shall immediately make all reasonable efforts
to clear such streets of the same.
[Ord. No. 1430 § 1, 5-16-1988; Ord. No. 2150 § 3, 5-21-2001; Ord.
No. 2324 § 1, 11-15-2004]
A. As used in this Section, "all-terrain vehicle" shall
have the following meaning: Any motorized vehicle manufactured to
be used exclusively for off-highway use, traveling on three, four
or more low pressure tires, with a seat designed to be straddled by
the operator, and handlebars for steering control.
B. As used in this Section "snowmobile" shall have the following meaning:
Any self-propelled machine or device which travels on one or more
fabric and/or rubber belts, kept in motion by one or more driving
wheels, so that the machine or device moves forward with the revolutions
of the belt or belts, with two skids on the front of the machine or
device.
C. It shall be unlawful for a person to operate a snowmobile at any
time on City highways, streets, alleys, other public property in the
City intended for vehicle operation, or public sidewalks.
D. It shall be unlawful for a person to operate an all-terrain vehicle
at any time on public sidewalks.
E. No person shall operate an all-terrain vehicle at any time upon City
streets, alleys, highways or other public property in the City intended
for vehicle operation, except as follows:
1. All-terrain vehicles owned and operated by a governmental entity
for official use; or
2. All-terrain vehicles operated for agricultural purposes or industrial
on-premise purposes between the official sunrise and sunset of the
day of operation; or
3. All-terrain vehicles whose operators are authorized to be and who
are part of a parade permitted on City streets; or
4. All-terrain vehicles whose licensed operators carry a special use
permit issued to them by the City for physically disabled persons
as specified below. The City Clerk may issue a special use permit
to a physically disabled, licensed driver, who meets the following
requirements, to use an all-terrain vehicle on City streets, alleys
or other public property in the City intended for vehicle operation
if the all-terrain vehicle and physically disabled driver meet all
other applicable requirements of this Section and if the all-terrain
vehicle is restricted to the uses set forth below. The physically
disabled, licensed driver shall be so severely and permanently disabled
as to be unable to move freely without aid of a wheelchair as certified
in writing by a licensed physician, which said written certification
shall be carried at all items by the disabled person while driving
the all-terrain vehicle. Such driver shall drive an all-terrain vehicle
on such City streets, alleys or other public property in the City
intended for vehicle operation for the following uses only: To drive
from the physically disabled person's residence directly to his or
her place of employment and back, to drive from the physically disabled
person's residence directly to a specific park facility and back,
to drive to and from a location where volunteer work is performed
by said person, to drive to and from the residence of said person's
relatives and to drive to and from businesses to purchase food, clothing,
personal care products, household products and similar necessary items
for said person. No fee shall be charged for the permit. The permit
is valid for one (1) year, but may be renewed under the same criteria
as the initial permit. No other person may use this permit.
F. A person operating an all-terrain vehicle pursuant to an exception covered in Subsection
(E) of this Section shall have a valid operator's or chauffeur's license, but shall not be required to have passed an examination for the operation of a motorcycle. Further, the vehicle shall be operated at a speed no greater than the speed limit for motor vehicles or thirty (30) miles per hour, whichever speed is less. When operated pursuant to an exception covered in Subsection
(E) of this Section, an all-terrain vehicle 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 day-glow in color. Further, the all-terrain vehicle shall be registered with the Missouri Department of Revenue, when required by state law.
G. Provided that operation of an all-terrain vehicle is permitted under an exception covered in Subsection
(E) of this Section, no person shall operate an all-terrain vehicle:
1. In any careless way so as to endanger the person or property of another;
or
2. While under the influence of alcohol or any controlled substance;
or
3. Without a securely fastened safety helmet on the head of an individual
who operates an all-terrain vehicle or who is being towed or otherwise
propelled by an all-terrain vehicle, unless the individual is at least
eighteen (18) years of age; or
4. While carrying a passenger, except for agricultural purposes.
H. When operated pursuant to an exception covered in Subsection
(E) of this Section, an all-terrain vehicle (unless used in competitive events) shall have the following equipment:
1. An equilateral triangular emblem, to be mounted on the rear of such
vehicle at least two (2) feet above the roadway. The emblem shall
be constructed of substantial material with a fluorescent yellow-orange
finish and a reflective, red border at least one (1) inch in width.
Each side of the emblem shall measure at least ten (10) inches; and
2. A braking system maintained in good operating condition; and
3. An adequate muffler system in good working condition, and a United
States Forest Service qualified spark arrester.
I. Operation of an all-terrain vehicle or snowmobile in City parks shall be governed by Section
21-8 of the Centralia City Code.
J. No person shall operate an all-terrain vehicle or snowmobile on private
property in the City without the consent of the owner or occupant
of said property. Any person operating an all-terrain vehicle or snowmobile
upon lands of another shall stop and identify himself upon request
of the landowner or occupant. No person shall operate an all-terrain
vehicle or snowmobile on public property in the City not intended
for vehicle operation without the written consent of the Mayor or
City Administrator.
[Ord. No. 2354 § 1, 6-20-2005]
A. As used in this Section, "motorized play vehicle" means a miniature two-wheeled motorcycle (sometimes referred to
as a "pocket bike") or four-wheeled go-cart that is self propelled
by a motor or engine that is capable of transporting a person or persons
at a speed in excess of five (5) miles per hour, but excluding a motorized
bicycle and an electric personal assistive mobility device (sometimes
referred to as a Segway) as defined by Missouri State law and further
excluding a golf cart and a motorized wheelchair operated by a handicapped
person.
B. As used in this Section, "motorized scooter" means
any two-wheeled, three-wheeled or four-wheeled device having handlebars
that are attached to a footboard, which is designed to be either stood
upon by the operator or equipped with a seat and is powered by a motor
that is capable of propelling the device with or without human propulsion,
but excluding a motorized bicycle and an electric personal assistive
mobility device (sometimes referred to as a Segway) as defined by
Missouri State law.
C. It shall be unlawful for a person to operate or ride on a motorized
play vehicle or motorized scooter at any time upon City streets, alleys,
highways, public sidewalks or other public property in the City intended
for vehicle operation, except that a motorized play vehicle or motorized
scooter may be operated on City streets when the operator is authorized
to be in and who is part of a parade permitted on City streets.
[Ord. No. 2544 § 1, 10-20-2008; Ord. No. 2638 § 1, 3-21-2011]
A low-speed vehicle meeting the requirements of Section 304.029,
RSMo., including the manufacturing requirements set forth in the State
Statute and including being the type of vehicle defined in 49 Code
of Federal Regulations Section 571.3, as amended, shall be allowed
to be operated upon City streets, alleys and highways if the operator
of the low-speed vehicle meets all operator requirements set forth
in the State Statute and in addition operates the low-speed vehicle
in accordance with the following additional requirement adopted by
the City because the Board of Aldermen of City determines that such
requirement is necessary in the interest of public safety: A low-speed
vehicle shall not be operated on any portion of a City street or highway
with a posted speed limit greater than thirty-five (35) miles per
hour; provided however, that this additional requirement shall not
prohibit an operator of a low-speed vehicle otherwise meeting all
applicable requirements from crossing a City street or highway with
a posted speed limit greater than thirty-five (35) miles per hour.
[Ord. No. 2629 § 1, 1-17-2011]
A. A "golf cart", defined as a motor vehicle that is
designed and manufactured for operation on a golf course for sporting
or recreational purposes and that is not capable of exceeding speeds
of twenty (20) miles per hour, shall be allowed to be operated upon
City streets, alleys and highways if all the following requirements
are met:
1. The golf cart operator shall possess a valid driver's license.
2. The golf cart shall be equipped with adequate brakes, but shall not
be required to be registered or have any license plates.
3. The golf cart shall be operated primarily for non-commercial purposes.
4. The golf cart shall be insured for liability coverage for operation
of the golf cart upon a City street, alley or highway, and the insurance
policy insuring the golf cart with such liability coverage shall be
kept at all times with the golf cart. Such liability insurance policy
shall be promptly exhibited to a Police Officer upon demand of the
Police Officer.
5. No golf cart shall be, operated upon a City street, alley or highway
after sunset and before sunrise unless the golf cart is equipped with
headlights, taillights, brake stop lights and turn signal lights that
are operable and properly displayed while the operator is operating
the golf cart after sunset and before sunrise upon a City street,
alley or highway.
6. No golf cart shall be operated upon any State highway, and no golf
cart shall be operated upon a City street with a posted speed limit
greater than thirty-five (35) miles per hour, provided however, that
this shall not prohibit a golf cart operator otherwise meeting all
applicable requirements from crossing the golf cart at an intersection
of any State highway or a City street with a posted speed limit greater
than thirty-five (35) miles per hour so long as the posted speed limit
of the State highway or City street at the point of crossing is not
greater than forty-five (45) miles per hour.
7. The golf cart operator and any passengers in the golf cart shall
wear a properly adjusted and fastened safety belt, provided the golf
cart is equipped with such a safety belt for the operator and/or said
passengers, unless any such person has a medical reason for failing
to have a safety belt fastened about his or her body.
8. Except as otherwise provided in this Section, the golf cart operator
shall observe all State traffic laws and City ordinance provisions
regarding the rules of the road while operating the golf cart upon
a City street, State highway or alley.
B. No person shall operate a golf cart on a City street, State highway
or alley:
1. In a careless way so as to endanger the person or the property of
another; or
2. While under the influence of alcohol or any controlled substance.
[Ord. No. 2998, 2-19-2019; Ord.
No. 3187, 3-28-2024]
A. Prior
to operating a low-speed vehicle, golf carts, or utility vehicle on
the City streets, roads, or alleyways, except to travel to the point
of inspection, it must be inspected by a member of the Centralia Police
Department. The inspection shall be conducted to ensure all regulations
and safety requirements are met.
B. The Chief
of Police is hereby designated as the City official with the authority
to issues special use permits for low-speed vehicle, golf carts, or
utility vehicle. A twenty dollar ($20.00) fee shall be collected upon
the issuance of the permit. A permit shall not be issued until the
fee is paid. The fees shall be deposited into the General Fund of
the City and shall be valid for one (1) year.
C. No person
shall operate a low-speed vehicle, golf carts, or utility vehicle
until it has passed the inspection and been registered with the City.
Proof of financial responsibility, covering the low-speed vehicle,
golf carts, or utility vehicle to be registered, for operation on
public roads with no less the minimal insurance amounts as set forth
by the Missouri Revised Statutes as they may be amended from time
to time.
D. Penalty. Any person found guilty of violating the provisions of this Section
18-25.5 shall be sentenced and fined in accordance with Sections 479.353 through 479.530, RSMo., as currently enacted and amended and a six-month suspension of right to use such vehicle.
[Ord. No. 2998, 2-19-2019]
A. As used
in this Section, “utility vehicle” or “UTV”
shall mean any motorized vehicle manufactured and used exclusively
for off-highway use which is more than fifty (50) inches but no more
than sixty-seven (67) inches in width, with an unladen dry weight
of two thousand (2,000) pounds or less, traveling on four (4) or six
(6) wheels, to be used primarily for landscaping, lawn care, or maintenance
purposes.
B. No person
shall operate a utility vehicle, as defined in this Section, upon
the highways of this State or in this City, except as follows:
1. Utility
vehicles owned and operated by a governmental entity for official
use;
2. Utility
vehicles operated for agricultural purposes or industrial on-premises
purposes between the official sunrise and sunset on the day of operation,
unless equipped with proper lighting;
3. Utility
vehicles operated by handicapped persons for short distances occasionally
only on the State's secondary roads when operated between the hours
of sunrise and sunset;
4. Utility
vehicles operated pursuant to a City-issued permit for their operation
on City streets, roads, and alleys with such permit being properly
displayed on the UTV; and
5. Any
person operating a utility vehicle pursuant to this Section shall
maintain proof of financial responsibility in accordance with Section
303.160, RSMo., or maintain any other insurance policy providing equivalent
liability coverage for a utility vehicle.
C. No person
shall operate a utility vehicle within any stream or river in this
State, except that utility vehicles may be operated within waterways
which flow within the boundaries of land which a utility vehicle operator
owns, or for agricultural purposes within the boundaries of land which
a utility vehicle operator owns or has permission to be upon, or for
the purpose of fording such stream or river of this State at such
road crossings as are customary or part of the highway system.
D. A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subdivision (3) of Subsection
(B) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.
E. No persons
shall operate a utility vehicle:
1. In any
careless way so as to endanger the person or property of another;
or
2. While
under the influence of alcohol or any controlled substance; or
3. In a
manner which disturbs the public peace.
F. No operator
of a utility vehicle shall carry a passenger, except for agricultural
purposes. The provisions of this Subsection shall not apply to any
utility vehicle in which the seat of such vehicle is designed to carry
more than one (1) person and which are equipped with working seat
belts.